Old Bailey Proceedings, 26th October 1857.
Reference Number: t18571026
Reference Number: f18571026

CENTRAL CRIMINAL COURT.

FINNIS, MAYOR. TWELFTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, October 26th, 1857.

PRESENT—The Rt. Hon. the LORD MAYOR; Mr. RECORDER.; Sir ROBERT WALTER CARDEN ., Knt., Ald., M. P.; Mr. Ald. HALE.; and Mr. Ald. GABRIEL.

Before Mr. Recorder and the First Jury.

Reference Number: t18571026-998

998. JOHNSON WILLIAM DOYLE (39) was indicted for unlawfully inflicting upon Robert Eastick grievous bodily harm.

MESSRS. BODKIN. and CLERKS. conducted the Prosecution.

GEORGE MURDOCK . I was a seaman on board the John Sugars last year. We sailed from Hartlepool in May to Pont de Galle—she was 508 tons burden—the defendant was the master; Robinson was the first mate, and Gibson the second—there were three apprentices on board, and one of them, Robert Eastick, was the cabin boy—I remember a boy being overboard on 18th Aug.; on that morning I was at the wheel between 8 and 10 o'clock, and the captain asked me how she was steering; I said, "Middling"—he then went down into the cabin where the boy was, and I heard him say, "What is this knife on this table?"—the boy said, "That is the knife you cut some cheese with for breakfast"—the captain said, "I did not"—the boy said, "Yes, Sir, you did," and then I heard the boy sing out, "Murder!" and saw him try to come up on deck—he was about two steps below the deck, and the captain caught him by his neck behind, and came on deck in front of him, and said, "Go and do your duty"—the boy said, "No, I shall not if you use me like that"—the captain then came in front of him, and caught hold of his hands while his arm was round the companion sails—his arm was rubbed on the brass, and I saw the skin coming off as he tried to loose him from the companion—the boy said, "You rascal, what are you trying to do? you are trying to break my arm

and neck"—he had then hold of the companion, and said, "Hold on, somebody will take my part by and by;" and he sung out, "George, George, look what he is trying to do, he is trying to break my arm and neck"—I said nothing, but remained at the wheel—the captain got him loose from the companion, and gave him a kick in front of his head with his boot, and sent him down the companion into the cabin; he fell down at once—the captain was on the deck when he kicked him on the forehead—the stairs are about six feet high—about five minutes afterwards the boy came up on deck; the captain was on deck; the second mate, Mr. Gibson, was there, and the captain told him to let the boy go to his duty—the second mate said, "Go and do your duty," and the boy went down into the cabin to make some duff for a pudding for dinner—I came from the wheel at 10 o'clock, and saw the duff in a basin, which he gave to the cook, and complained to him of the way in which he had been treated—I saw his arm at 12 o'clock in the cook's galley; he showed it to me; the skin was off the middle of it, and it was red—in the course of that afternoon I heard a cry of a boy being overboard—I was in the forecastle; I did not see the boy, but I saw his hat in the water—it was a nice, beautiful day—we put the ship about to see if we could see him; Johnson, who was at the wheel, did that; he is not here—no orders were given by the captain when the boy went overboard—I heard the orders from the second mate to keep the ship away from the boy, to see if we could get him—there was no boat lowered; we had boats on board—no life buoy was thrown to him; there was one on board, I do not know how many—no rope was thrown to him—I heard the captain say one day, when he was flogging him with a rope's end, "You b—, I will make you rue the day you came on board the John Sugars"—I have seen the captain give him a great big handspike to carry on his shoulder, weighing about 25 lbs.—he has sometimes carried it for two hours, and sometimes for four, like a musket—the last time was from 8 till half past 11 o'clock at night—I have seen that twice—I asked the boy what it was done for—I did not hear the captain say what he gave it him for—I saw the captain flog him once besides, with a rope's end about an inch and a half thick—I do not know what it was for—he was about fourteen years old, and was a handy lad.

Cross-examined by MR. SERJEANT PARRY. Q. When did you leave Hartlepool? A. 19th May, and the boy was drowned on the afternoon of 18th Aug., about 4 o'clock; it was light—the ship was put about so as to keep close to the boy for nearly an hour—I do not know that the captain was on deck with a life buy in his hand, ready to throw over if the boy was seen—I was aft—the boy might catch it if it was thrown to him—two or three boats were not tied together—one was lashed by itself, and cross lashed, and was full of sails and spare—there was another apprentice on board, named Dick—this boy acted as steward—he waited at dinner—after what I have described on the companion ladder, he prepared the dinner for the captain and mates, and waited at dinner—he had nothing to do with the crew—he would get the water to wash the cabin by throwing a bucket over the vessel's side—I do not know that he was taking a bucket to the side of the ship when he went overboard—I did not see him—I deserted from the ship by force, at Columbo, and was taken before a Magistrate by the captain, and, the first thing, I reported about the boy, but no inquiry was made about it there—I was sentenced to three weeks' imprisonment there—I am an Austrian—I was born at Malta—I think the Magistrate at Columbo was English—he was the harbour master—I reported about the

boy also at Pont de Galle, to Captain Twining—I do not know whether any inquiry was made—I joined another ship after that, and deserted from it by force—I was not kicked out of the ship—it was the Tamar—I did not like to go in her—I lost my wages on board the John Sugars, and I did not like to go at the same wages, 2l. 15s. a month—I went into the police at Colombo for three mouths—I sailed in the Tamar three weeks—this was my first voyage with Captain Doyle—he refused to pay my wages on account of my insolence and neglect of duty—that was because I was frightened to lose my life—a charge, was made against me of insolence and neglect of duty—I was not afraid of my life on board the Tamar—I told the Magistrate at Columbo that I was afraid of my life, and he was cruel enough to imprison me for three weeks after that.

MR. BODKIN. Q. Where was it you were in prison? A. At Pont de Galle; first for three weeks, and afterwards for two—a charge was made against me by the captain—I had had a dispute with him before that, because I never had my belly full while I was on board—the captain has not been violent to me—I was afraid of my life, because when I reported about the boy at Pont de Galle, I did not like to go home with the same captain—this (produced) is a certificate I got when I left the police—(This stated that the witness conducted himself satisfactorily, and was discharged at his own request)—I was imprisoned at Pont de Galle, and at Columbo also, both times for knocking off duty—the first time was for three weeks—the John Sugars remained during that time, and I went on board again—I did not like to turn to, and I was imprisoned again—the captain said, "If you do your duty, I will pay you your wages at Columbo;" and when we got there, he denied it, and I ran away.

PRINCE MONTAGUE . I was cook on board the barque John Sugars, from Hartlepool, in May, 1856—the defendant was the captain—that was my first voyage with him—I remember the day the boy went overboard; I heard the cry of "A boy overboard!"—it was about a quarter to 4 o'clock—I had seen the captain beat the boy very severely that day in the cabin—I was in the galley, and heard the boy crying out "Murder!"—I went to the stairs, and looked down the poop, and the captain had got him, beating him down in the cabin, and he kicked him with his sea boot on the arm—the chief mate was on deck, and, as he did not interfere, I did not go into the cabin, but returned to the galley to see about dinner—I did not hear any more cries then; the boy came to the galley about 12 o'clock for the captain's dinner—his arm was then black and blue, and part of it was red, with the blood ready to gush out, and he said, "Look here, how that fellow has hit me"—I had frequently seen the boy at other times going out, and made to walk the deck, like a soldier, from 8 o'clock at night till 10—I have often seen that; when he did not beat him he starved him—he beat him with a reef point, what they reef the sails with; it is a little smaller than a rope, not so stout as a rope; it has a bit of twine at the end—there was no iron eye to it—I was in the galley when I heard the cry of "A boy overboard!"—the man at the wheel sung it out; he was a man named Johnson—John Stowe, one of the able seamen, ran forwards, and put the wheel down himself, without any order from the captain—the captain did not give any order at all—no boat was lowered, nor any rope thrown—the captain had the life buoy in his hand, and never attempted to heave it overboard—I did not see the boy's hat on the water—it was smooth water—we were going four or five knots an hour.

Cross-examined. Q. The captain was on deck with the life buoy in

his hand? A. Yes, I am sure he never attempted to throw it over—there has been a dispute between me and the captain about wages—I did not make any complaint about the boy at Colombo—the crew went ashore, and they reported it—I did go ashore at Colombo; they reported it at Pont de Galle, but they said they could do nothing with it, they would write home to London about it, and when I went ashore I did not say anything about it—I went ashore at Pont de Galle on a Sunday—I was ashore at Colombo, in the hospital—I have summoned the captain for wages since I came home; he would not pay me what I signed for—I have not made any threat against the captain—I asked him for my discharge—I was born at Jamaica—I did not threaten that I would ruin the captain—I know George Hicks, he was on board while the vessel was discharging her freight—I did not, in his presence, say that I would ruin the captain; I said if he did not give me my character, he should lose his—I had done nothing why I should be ruined for life in a strange country, and when I came before the Court, I would know why I was to lose my character—I know the second mate, Gibson, Hicks, and Robinson, the chief mate—I never said, in their presence, that I would make the captain pay, and I would ruin him if I could—I know Hicks is here—I did not say I would make the captain pay, and that I would ruin him, take his certificate from him, and that he should never sail as captain again—I did not say that in the presence of Hicks and Robinson about 19th Aug., or to any one; all I said was, "If I lose my character, the captain will lose his."

MR. BODKIN. Q. Did you summon the captain before the Magistrate for your wages? A. Yes; the Magistrate ordered him to pay it, and it was paid into Court—he deducted a pound; I do not know why.

JOHN STOWE . I was a seaman on board the John Sugars—I joined at Hartlepool—I remember the day the boy went overboard—on the morning of that day the witness Montague spoke to me—in consequence of what he said, I went amidships—I did not see the captain doing anything to the boy, but I heard the boy crying out—that was between 9 and 10 o'clock in the morning—the boy was then in the companion, by the sound—I heard him call out to the man at the wheel, "See how that rascal is serving me, George," and to take him away from him—in the afternoon of that day he showed me his arm; it had a black mark on it; I cannot say which arm it was—it was about 5 minutes to 4 o'clock that I heard the cry of the boy being overboard—I was aft on the poop, on the port side, and I hove the helm down to bring the ship about—I did that of my own accord, the man at the wheel being stagnated—the ship was going about five knots an hour; there was no sea, it was fine weather—there were three boats on board; no attempt was made to lower the boats—the life buoy was not thrown over—I had often seen the captain beat the boy, sometimes with a rope, or some of the running gear; at other times I have seen him beat him with a reef point, and likewise kick him into the bargain—on one occasion I heard him tell both the apprentices that he would make them rue the day they came aboard the John Sugars—I have oftentimes seen the boy walking the deck with a handspike; the mate has ordered him to do that, but I believe he had orders from the captain—sometimes he walked the deck for two hours at a time, and at other times for four hours; that was in the night, from 8 till 10 or 12 o'clock, when I was on deck.

Cross-examined. Q. Have you had any dispute with the captain about wages? A. No, I did not summon him—he stopped 1l. 13s. of my wages—I cannot say that he has complained of my being unruly and insolent; I

believe he has me in the log book, but I do not know what for—I had a character from the captain, but he might as well have had it as me; it was of no use to me; it was not a very good one, but from what cause I cannot tell—the captain was on deck after the boy was overboard, he had the life buoy to his hand—the chief mate was on the foretopsail yard; no one else, I am sure of that—the ship was put about—I was an able seaman on board—I do not know whether it was the handspike or the capstan bar that the boy was walking with, they took the largest they could find on board—I mean the chief mate did, he was not particular—the chief mate has not complained of my being unruly or insolent that I know of; he might, for what I know.

MR. BODKIN. Q. What was your 1l. 13s. stopped for? A. For not going over the ship's side to scrub the paint.

ROBERT WAY . I was carpenter on board the John Sugars. I knew the lad Eastick; he was an apprentice—on the day he was drowned I was sick, and he came down and showed me a mark on his arm, which he had received from a sea rope that the captain had given him—I had not heard any calling out, or anything going on before that—I was on the half deck in the after part of the vessel—I saw nothing done to the boy that day, but he came to me, and showed me his arm—it appeared to be a heavy blow right on the thick of the arm, and he complained very much about it—I have seen the boy ill treated by the captain—I have seen him kicked and struck—the first time I saw him kicked was for a mistake, made by fetching the wrong oil tin out of the cabin—the other was when I saw him strike him with his hand on the poop—I did not see what it was for—we were only middlingly off for provision—I have frequently seen the boy carrying a handspike by the mate's order—I think I saw the captain there once at the time—I was ashore a week at Pont de Galle—I did not see any of the authorities there—a man named George Murdock was put in prison there while I was on shore—I was in the hospital at the time.

Cross-examined. Q. You have, unfortunately, had a dispute with the captain about wages? A. Yes, I was obliged to summon him—I have never threatened him in any way—I have said that I would report his ship at Lloyds', concerning the protest—I have not threatened that to the captain—I have done so behind his back—there are several points in the protest that I could condemn—I have not got the protest with me—I have threatened to report at Lloyd's on account of repairs—I did so conscientiously—I do not know that such a report would be injurious to the captain—I should not like to have a carpenter reporting the ship as not in good repair, or according to protest—the captain has never complained at me at any time that I know of for neglect of duty; he has never done so to me—he has refused to give me a character—he has complained of negligence a little on the passage home; we constantly differed a little—I was not insolent or negligent; I was saying nothing but what was right and just.

MR. BODKIN. Q. You say you summoned him for your wages on your arrival in London? A. Yes—the Magistrate ordered them to be paid—I received them all, no deduction was made—I should say that the threat to make a communication to Lloyd's would affect both the owners of the ship and the captain—the difference I had with him coming home was for stopping the sugar—I went and asked him very quietly if he was going to let us have any more the remaining part of the passage home, and he said no, what we had on board was preserved for the lime juice—he refused to

give it us—that was all the cause of the difference—I said I considered it an imposition, that there was plenty on board.

RICHARD LASHBROOK . I am an apprentice on board the John Sugar—I remember, on the voyage out, the other apprentice Eastick going overboard—I saw the captain that day kick him from the top of the companion to the bottom, as he was trying to force his way up the companion ladder—he said he would not stay in the cabin any longer—the captain kicked him in the chest—I do not know what the effect of the kick was—I was present afterwards that day, when he was showing his arm to the carpenter—the arm looked red—I have seen him walking the deck with a handspike—I have called him up myself by the captain's orders when he had turned in, and was asleep—he walked the deck with the handspike for two hours—it was in the middle watch, between 12 and 4 o'clock, when I called him up—he had turned in about half past 8 o'clock—I had never seen the captain ill use him on any other day than the day he went overboard.

Cross-examined. Q. Where were you standing as regards the companion ladder? A. At the bottom of the ladder—I was not helping to clean the cabin that morning—I went with our second mate and another band to put a sail below—I do not know whether the boy was cleaning the cabin that morning—I looked up the companion ladder when I saw the boy rush up—he said he would not stay in the cabin any longer—he was trying to force his way up, and the captain trying to put him down—it was not in the struggle that the kick was given; as he rushed up the ladder, he was kicked down—I am sure he was not pushed, because I saw the kick myself.

MR. BODKIN. Q. What had the captain on his foot when he kicked him? A. A sea boot—that is heavier than any other kind of boot that we wear.

MATILDA RENNART . I live at No. 23, Stanhope Street, Clare Market Robert Eastick was my brother—he was an apprentice on board the John Sugars—he was fifteen years old.

Cross-examined. Q. Had he been to sea before, or was this his first voyage? A. He had been once before to Sunderland on a coasting voyage.

HENRY PENGILLY . I am the manager of the shipping office under the Board of Trade; it is in the Minories—according to the practice, the merchant ships that come into the port of London now bring their log books and papers to my office—this (produced) is the log book of the John Sugars—it was brought to me by the defendant—it is my duty to examine that document—in looking into it I found this entry: "Robert Eastick fell overboard, and was drowned; his clothes were brought aft"—that is under the date of 19th Aug.—in consequence of that entry, I felt it to be my duty to desire the captain and some of the crew to come to my office—Captain Doyle came, and the first mate with him—some of the crew came afterwards—when the captain came, I called his attention to this log book, and to this entry, that it was very unsatisfactory—he referred me then to the ship's log book, and then the captain and mate came up afterwards, and, upon inquiry, I thought his statement was not at all satisfactory—he only said that he fell overboard—I asked the mate, and he said he knew nothing about it—he did not produce the ship's log book—I did not ask for it—this is the official log book that we go by—it need not be a duplicate of the ship's log book—it should contain all the circumstances relating to the death, or anything that occurred to the crew—I wrote to the police, requesting their interference, to inquire into it—the crew and the captain were not there together—I sent for the crew afterwards—anything that

they said was in the absence of the captain—I made a communication to the Board of Trade—I do not recollect anything being said by the captain about putting the helm down, and putting the ship about.

WILLIAM GIBSON . I was second mate on board the John Sugars, which left Hartlepool for Ceylon. I knew the lad Eastick, who was an apprentice—the defendant was the captain—I had not sailed with him before—there was also an apprentice named Lashbrooke, and another named Potter—I left the vessel through sickness at Colombo—the boy was missing before I left—I do not know how he came overboard—he was much under my eye—my berth was five yards from the captain's cabin—the boy acted as steward, and waited on the captain, and on me, and the first mate, at dinner—he was generally occupied below, and about the captain's cabin—he cleaned out my cabin, but not the chief mate's—I have never heard cries from the boy of "Murder!" or seen the captain flog or strike him—I have seen him when he has been washing himself, and he has been naked to his waist, all but his trowsers, but saw no marks on his back of ill usage—he was never off duty from sickness—hr never made any complaint to me of ill treatment on the part of the captain—I had never seen any indication that he was suffering anything—he took his meals regularly, as far as I know—he slept on the half deck—from there to my cabin is about fifteen yards—I have never known him what I call punished—I have seen the captain order him to walk the deck with a handspike or capstan bar, for negligence, or idle conduct—that is not a cruel or harsh punishment—I have known it employed on vessels—I should say one capstan bar weighs about 10 lbs., and the other about 7 lbs.—as he walked about the deck he could change the position of the capstan bar from one arm to the other—I have seen him rest at intervals when he has been walking about—as far as physical pain goes, a flogging would have been decidedly much worse than the capstan bar—I have seen other of the apprentices ordered to carry a capstan bar when they have had misconduct alleged against them—the youngest boy next to him had to do so when he had done something which he ought not—from my being close to the captain, and having the boy near me constantly, if the captain had been regularly in the habit of flogging "him, and if he had been in the regular habit of crying out "Murder!" I believe I must have heard it—the boy was missing on 19th Aug., 1856—I saw the captain holding the boy by the arm on the companion ladder that day, about 11 o'clock—the boy was standing on the second step of the companion ladder—the captain told him to go below, and clean the cabin out—he said that he would not—I was coming along to get some rope yarn, to make a sail up, and I said to the boy, "Go below"—I immediately went down, and he was in the fore cabin, but he never spoke to me, or said anything—that was all I saw of the companion ladder that day—I was afterwards in bed, and the captain sung out to me as he was running up the companion ladder—I jumped up, drew on my trowsers, and there was a cry of "Some person overboard!"—I rushed on deck—the mate was there—we shortened sail, and got the ship on another tack—that was the right thing to do, and the likeliest thing to find the boy—that was done by the captain's orders—if I had been in the same position I should have done the same thing—I could not have done anything better—we got her very nicely on another tack within twenty yards—we continued about an hour looking for the boy—there were two men on the fore top-sail yards—no boat was lowered—the boat was lashed and cross lashed—it would have taken us about half an hour to lower the boats—if we had lowered them, instead of tacking, we

should not have been more likely to have found the boy—the captain had not a life buoy in his hand—there was one on board—I should have hove it at any object if I had seen it—it would have been of no use to hurl it out before we saw an object—I should have hurled it over his head if I could—Mr. Robinson had it—I never saw a line to it, and I should not think it would be advisable—the weather was fair, and the sea smooth—we dined that day at 12 o'clock—that was after what had occurred on the companion ladder—the boy waited on us at dinner—there was no mark of a kick on his forehead—I saw him having his dinner that day—he ate it heartily—I saw no bruise on his arm—I saw him cleaning out the cabin after dinner, when I went to bed—he would have to fetch the water from the ship's side—there was nothing in his demeanour or manner which struck me in waiting on us at dinner—everything was the same as usual—he got his dinner in the fore cabin—he had the control of the cooked meat in the cabin—there was no cheese lost on the voyage—I am in the captain's watch, and am at least twelve hours out of twenty-four in his company—I have never seen him ill treat the boy.

MR. BODKIN. Q. Is the younger boy here who was made to undergo the same punishment? A. Yes, his name is Potter—the boy had his dinner in the fore cabin where my berth was—I went to bed at a quarter to 1 o'clock—there are two cabins, the fore and the aft; the crew sleep forwards—the boy brought his dinner down himself; I was not in bed at that time, I was half an hour afterwards—by shortening sail I mean that we hauled the main sail up to work the ship in a quick manner—there was a third boat, the gig; all three were lashed in the same manner—she was on the taffrail when this happened; it would have taken about half an hour to get the gig out—we did not lower it, because we never saw anything; we remained an hour looking to and fro, and had people aloft—I did not hear that the boy's hat was seen floating on the water, if it was seen I should imagine that that was the right place to throw the buoy—I have not taken upon myself to send the boy below when he has been out of his berth walking the deck with a handspike, but the mate has told me that he ordered him to go below before the time expired, and I have been present—I have not generally been on duty when the boy was parading up and down; I was not in his watch.

MR. SERJEANT PARRY. Q. Was the boy Potter at the police court when this matter was inquired into? Q. Yes, with me—nobody has made any inquiry of me from the Board of Trade; I did not hear of any examination at the Board of Trade Shipping Office—I did not know that any inquiry was being made about the boy's death—I saw the boy drawing water before dinner.

COURT. Q. Did you after dinner? A. He could not do his business without drawing water—there was only about four inches of wood to prevent him from falling over, but there was a small chain eighteen inches high; there are no bulwarks there—I cannot say whether there was a bucket missing when the boy was missing; the ship was making about six knots; it is quite possible that he might be drawn in.

WILLIAM ROBINSON . I was chief mate of the John Sugars, from Hartlepool to Ceylon. I knew the boy Eastick who was drowned; he was under my observation during the voyage—I have never heard him scream "Murder!" or anything of that kind—I have never seen the captain ill-treating him, and never saw him beaten or flogged—on two or three occasions he has walked the deck, shouldering a bar from one shoulder to the other; and set it down—I

consider that a more lenient punishment than flogging, decidedly; I have known it adopted in other vessels, and have adopted it myself—I have authority to punish boys when they require it—one capstan bar weighs 7 lbs. and the other 10 lbs.—the boy was in good health on board, he never made complaints to me—he used to wait on the captain and the second mate and me at dinner—he had access to the cooked meat, and could have helped himself to it, and would not have been blamed—my berth is about three feet from the companion—I have seen the boy washing, but saw no marks of ill-treatment on him—if he had been constantly ill-treated and screaming "Murder!" I must have known it—I know Prince Montague—I heard him make a threat against the captain after the hearing at the police court, on 19th or 20th Aug.; he was going from the ship, and I heard him say that he would have his certificate taken away and ruin him from going captain of a ship any more—George Hicks was standing close to him when he used those words—coming home we had, I think, a fortnight longer voyage than we expected—when the boy was overboard everything was done by the captain that could be done to find him; the vessel was put about immediately; a life buoy was not thrown out, but it was ready—the boats were not lowered, because we did not see the body floating; they were lashed and cross lashed, it would have taken half an hour to get them out—the steps that the captain took were the speediest that could be if the body appeared.

Cross-examined by MR. BODKIN. Q. Where was it that Montague used that threat? A. Alongside the B warehouse in St. Katherine's Docks—he said that if the captain kept his character from him, he should loose his own character—I did not go to sleep on my watch, I was not incompetent for my duty that I am aware of—I was not entitled to my discharge from the Colombo, I do not know that I asked for it; there was no other person named Robinson on board that I am aware of—the captain threatened to put me in irons once, I do not know exactly what it was for—I have seen the boy walking up and down the deck with the bar, and after the captain has turned in have told him to go below before the time had expired, because I thought he had walked long enough—he has not been told to walk more than two hours.

MR. SERJEANT PARRY. Q. Have you and the captain had some differences? A. A little at times—I never read in the log that the captain had reported me there, and never heard it read; I only heard of it on one occasion, some of these reports are new to me to-day.

MR. BODKIN. Have you signed the log? A. Yes, in places only, particular entries—I did not see the boy getting water from the side of the vessel—the captain's cabin is aft on the starboard side—the forecastle would not be a likely place for the boy to get water, because it would be a good distance off.

COURT. to WILLIAM GIBSON. Q. When was it that you saw the boy getting the water from the forecastle? A. About half past 11; he was cleaning the fore cabin when I went to bed, and I did not see him cleaning the captain's cabin, but he would do so in the course of his duty—he would go forward for the water; he was not allowed to draw it over the quarter deck.

GEORGE HICKS . I was in the employ of St. Katherine's Dock Company—I remember the John Sugars being in Dock, and discharging her cargo—I saw Prince Montague there, he said that he would make the captain pay, that he would ruin him if possible, and get his certificate taken from him,

and he should no longer go as captain of the ship—I have seen him here to day; the chief mate was present.

Cross-examined. Q. Did not you attend at the police court the first time? A. No; the captain summoned me afterwards, about a week after the conversation; between the first and second hearing at the Thames Police Court—I did attend—I went into my box, and wrote the words down at the time; here it is (produced)—the man was not complaining of the captain not giving him a certificate of character—he did not say, "If the captain does not give me a character he will lose his"—I cannot bring anything to recollection besides what I have told you.

MR. SERJEANT PARRY. Q. Did you furnish the gentleman who instructs me with a copy of what you wrote? A. I furnished the captain with a copy—the words were "He should no go captain no more"—I wrote it down, because I heard a bit of a disturbance about wages some days before.

CAPTAIN JAMES SCOTT . I have had command of merchant vessels forty years—ordering an apprentice eighteen years of age to walk the deck with a capstan bar for an hour or two is a very frequent punishment, but I should rather have the rope's end, it is the soonest over; I have undergone both when a boy—I have known the defendant since he was fifteen years old, and as captain of a ship for eleven years, and never knew anything against his character

(The defendant received a good character.)

GUILTY. of a common assault. — Confined Three Months.

Reference Number: t18571026-999

999. HENRY OVERETT (22), Stealing 9 skins of leather, value 15s.; the property of Benjamin Ross, his master: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1000

1000. WILLIAM THOMPSON (40), Feloniously forging and uttering a request for the delivery of two travelling bags, with intent to defraud, having been before convicted: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1001

1001. ROBERT HOUGHTON (21), Embezzling 17l. 8s. 6d.; the moneys of Richard Herring, his master: to which he

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18571026-1002

1002. RICHARD KNOWLES (20), Stealing an order for the payment of 200l.; the property of Benjamin Bateman and another, his masters: to which he

PLEADED GUILTY .—(The prosecutor stated that his defalcations amounted to 150l.) Four Years Penal Servitude.

Reference Number: t18571026-1003

1003. JOHN KEEN (24), Embezzling 1l. 4s.; the moneys of Daniel Norton, his master.

THOMAS NORTON . I am assistant to my brother, Daniel Norton, a coal merchant, of Uxbridge—the prisoner was a carman in his employment, nine months on and off, and was employed to take coals to Joseph Green, of Langley, on 14th Sept, and was to bring home 24s. for them—he came home at night, but did not bring the money—our office was shut, but there was a clerk in the yard—he did not come next day—he ought to have come there at 6 o'clock—I applied for a warrant.

JOSEPH GREEN . On 14th Sept. the prisoner brought me some coals, and I paid him half a sovereign, and 14s. in silver, about 7 o'clock—he gave me this receipt—(Read:"Paid 1l. 4s. ")

RICHARD ROADKNIGHT . (police sergeant, T 11). On 15th Sept., at 3 o'clock

in the afternoon, I found the prisoner, with two soldiers, on Woolwich Common, twenty-five miles off—I told he must go with me to Uxbridge—he said, "What for?"—I said "For stealing the money for a load of coals"—I searched him, and found 1l. 1s. 4d. on him—he said that when he went home there was no one in the yard, and he ought to have gone back next morning, and that he intended to go back.

Prisoner. Q. You did not search me? A. I asked you for the money, and you gave it up.

Prisoner's Defence. I returned home late at night, half past 9 o'clock, and had a holiday next day to see my brother, who is in the Marines, and was going off; I was with him; I was coming back at night, and was apprehended.

NOT GUILTY .

NEW COURT.—Monday, October 26th, 1857.

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

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18571026-1004

1004. JOHN GREER (24) was indicted for unlawfully assaulting and wounding—— Moyadeen, upon the high seas.

MR. RIBTON. conducted the Prosecution.MOYADEEN. (through an interpreter). I was a seaman on board the Dominion—I do not recollect in what month I left Bombay—I recollect touching at St. Helena—the prisoner was chief mate—about three weeks after we left St. Helena, I was assaulted by the prisoner—it was between 4 and 5 o'clock in the morning—I was at work in the forecastle arranging the sail; the Serang and the others were at work with me—there was Meer Ali, Babor Khan, the serang, Malaya Mohamood, Goolab, and Hoosmahn; the prisoner beat me, and called me a thief—I told him I was not a thief; why did he call me, a Mussulman, a thief?—he then gave me a blow in the face; he pulled my hair, and then gave me a kick in the mouth—I was at that time lying down on the deck—he had pulled me down by the hair—I was bleeding—my mouth was very painful from the kick, and two of my teeth were kicked out—I found one of the teeth on the deck—(producing it)—after I picked it up, I showed it to them all—after my teeth were kicked out, I got up and continued my work—nothing further happened on that day.

Cross-examined by MR. SLEIGH. Q. You could not find the other tooth? A. No, I could not—it was dark in the morning—they were both knocked out at the same time—I am sure I had all my teeth in my head when I left Bombay—I did not hear several witnesses swear last Session that I had not all my teeth—this was at 4 o'clock in the morning—I was arranging the sail, not tacking the ship—I had a rope in my hand—the Europeans were not on deck at the time, they were asleep below, except the one at the helm—I do not know his name—he was examined here at the last trial—I did not show the tooth to the captain—I was afraid to go to him because he beat us so—I have not said a word about the captain beating us before—I had sore fingers during the voyage, and I went to the captain and got them dressed—he dressed them for me day after day, and gave me physic.

MR. RIBTON. Q. Did you complain to the serang? A. Yes—the serang and the Burrah Tindal were over me; how could I go to the captain?—it was the serang I should make the complaint to—before I was engaged at Bombay, no medical man looked at me—there was no examination at all of me before I was engaged by the captain—I went before the shipping master to sign articles—the usual papers were given.

HASSELL KHAN . (through an interpreter). I was on board the ship Dominion with the last witness—I sailed from Bombay with him—the prisoner was chief mate—I remember his doing something to the last witness, about three weeks after leaving St. Helena—it was between 4 and 5 o'clock in the morning—the last witness was pulling the halliards—he was at work on the larboard side, forward—there were five men at work—the last witness let loose a rope, and the prisoner said, "What did you do that for, you pig"?—he said, "Why do you call me a pig? I am a Mussulman"—the prisoner said, "Hold your tongue, don't speak to me," and he then gave him a blow in the face; he then pulled him by the hair down on the deck, and gave him a kick—shortly after that he got up—we saw his mouth was bleeding, and he showed us one of his teeth—it was on the deck, and there was blood.

Cross-examined. Q. I suppose there was plenty of blood on the deck? A. Yes—the captain was asleep at the time; he got up at 8 o'clock—I did not tell the captain anything about this—why should I tell the captain, he would beat me—I do not know whether he was in the habit of beating the crew—he was in the habit of attending to those who were sick every morning, and dressing their wounds, and giving them physic.

MEER ALI . (through an interpreter). I was on board the Dominion. I left Bombay along with Moyadeen—the prisoner was chief mate—three weeks after we left St. Helena the prisoner beat Moyadeen—it was after 4 o'clock—Moyadeen made some mistake, he was hooking on the lower stunsail—the prisoner said, "You pig, don't you see that you have done wrong, what did you do it in that way for?"—he said, "Why do you call me a pig? I am not a pig"—the prisoner afterwards gave him a blow in the face, pulled him down by the hair, and gave him a kick, which knocked out two of his teeth—one of them was found, the other was not—Moyadeen picked one up, and showed it to me, and there was plenty of blood—I knew Moyadeen when we started from Bombay—I was acquainted with him—he had all his teeth in his head.

Cross-examined. Q. Did you appear here as a witness against the other prisoner, the second mate, last Session? A. Yes, I did—it was not day light when this occurred—I did not mention anything of this matter to the captain, he was asleep—I told the serang, not the captain—I was examined before the Magistrate at the Thames police court—I appeared against the other prisoner.

GOOLAB. (through an interpreter). I was on board the ship Dominion—I recollect, after leaving St. Helena, something happening to Moyadeen—it was between 4 and 5 o'clock—they were setting the sail—Moyadeen made a mistake, and the prisoner called him a pig—he afterwards gave him a blow in the face; he pulled his hair, pulled him down, and afterwards, while he was down, he gave him a kick—I saw him, and saw the blood on the deck, and afterwards I went up above—I saw the blood on the deck—I saw nothing else—I went up aloft—Moyadeen had all his teeth when he left Bombay—they were all sound—after this affair, he told me his teeth were gone—he showed me one—I saw with my eyes that one was gone.

BABOB KHAN . (through cm interpreter). I was on board the Dominion; I was the serang—the Lascar seamen were under my charge—I had twenty-four, with myself—Moyadeen sailed with me—I recollect after leaving St. Helena the prisoner doing something to Moyadeen—they were going to tack ship at 4 o'clock in the morning—the chief mate gave the order to lower the stunsail—I was superintending their taking in the stunsail—while I was doing so, Moyadeen did something contrary to orders, and the chief mate called him a pig—he said, "Why do you call me a pig? I am a Mussulman"—the chief mate then struck him in the face, laid hold of his hair, pulled him down on the deck, and gave him a kick—there was blood on the deck, and Moyadeen afterwards picked up one of his teeth, and showed it to me—Moyadeen had all his teeth perfect in his head when he left Bombay—when the men were examined in the register office, they were measured and examined—I was present at the time—I took him to the office—he was examined at that office, and all their register tickets were examined—a register ticket is not always given with the Lascar seamen—I did not look into Moyadeen's mouth, but, as far as I believe, his teeth were all right when he left Bombay—if anything happens to any of the men, they come and tell me, and I go and tell the captain.

Q. Did Moyadeen ever complain to you of the prisoner? A. The assault took place in my presence, and why should he make a complaint to me?—if the men did wrong, the captain would tell me to punish them.

Cross-examined. Q. Are you the medium of communication between the men and the captain? A. Yes—I told the captain about this occurring to Moyadeen two or three times on the same day—it was after 10 o'clock that I told the captain—it was on deck—I do not know who were present—the men were about their work—I gave evidence on the last trial, but they did not understand me—I gave the same evidence on the last trial—I did tell the captain, and he would not attend to it—I have often beaten men by the captain's orders, with a rope—I have not done it without the captain's orders—I do not remember kicking the second mate by mistake—do not you think I am afraid to kick the mate—I do not remember kicking him, and then begging his pardon, and saying I thought he was one of the Lascars—at the time this tacking of the ship took place and this assault as committed, the Europeans were asleep—the chief mate and the man at the helm were the only two Europeans who were on deck—I did not see the man who was at the helm here on the last trial—I do not know who was here—I did not see him in the Court—I do not know his name.

MR. RIBTON. Q. Are you quite sure you told the captain what you saw the prisoner do to Moyadeen? A. Yes, I did—the captain gave me no answer, but told me to go to h——I complained to the captain more than once—I mentioned it ten times to the captain, not this business, ten different complaints. The following witnesses were called for the Defence.

WILLIAM JOHN GREEN . I am captain of the Dominion. and have been so five or six years. When I sailed from Bombay, on the last voyage, the prisoner sailed with me as chief mate—I had no knowledge of him previously—on that voyage from Bombay to London he was a very kind and humane officer—the whole of my crew were Lascars—the mode of communication between them and me would be by the serang in cases of importance—supposing the crew had any cause of complaint, they always complained to me when I was not present and saw the thing done—when the men had anything wrong, they complained to me—I used to summon all the sick men aft, and attend to them every morning—during the whole

voyage from Bombay to London there was never any complaint made by the serang that Moyadeen had been assaulted by the prisoner—Moyadeen never, during the whole voyage, complained to me of having had any ill usage from the prisoner—I heard the serang examined at the last trial at this Court—I did not hear him say that he told me on the same day of the assault on Moyadeen—he did not say that he complained to me after 10 o'clock—he never complained—he did not, on the last trial, say that he had complained to me—he was asked, and he said he had not—I understand their language—he was asked if he had reported it to me, and he said no, he did not—the tacking of the ship is a very delicate thing, especially if it is blowing hard, or when amongst vessels; if a rope is let loose before it ought to be, it puts the ship in peril—there was no tacking of the ship when we were three weeks from St. Helena—we had a fair wind all the way till we got into the Channel—we were obliged to tack in the Channel.

Cross-examined by MR. RIBTON. Q. The prisoner was a perfect stranger to you? A. Yes—during the voyage there was no complaint made to me of any violence on the part of the chief mate, none whatever—I mean to swear that—I might have said, when a complaint was made to me by the serang, that he might go to h——do not recollect every word I say—no complaint was made to me by any of the Lascars—it is not true that I desired the serang to go to h——never remember it—I may have said many things, but I do not remember it—I will not swear that I never said so on any occasion, but I do not know—am not positive about it—I may have done so—there were five or six Europeans on board—I think there were about eight, including two ladies.

MR. SLEIGH. Q. Did you see Moyadeen before he shipped? A. Yes—he had not his full complement of teeth, there was one out.

MR. RIBTON. Q. There was yourself and two mates on board? A. Yes, and two half-castes, born in the West Indies—there were myself, the two mates, the carpenter, a young man, and the steward—I had four Europeans to attend the helm—the mates did not take it in turn—there were three halfcaste Spaniards and one Englishman, and a young man, an apprentice, who would sometimes take the wheel—when one helmsman was at work, the others would be below—the only working sailors on the deck would be the Lascars—I had twenty-four Lascars and a boy—I recollect all that was said by every witness last Session—I remember what the serang said—I remember the greater part of what the others said, all that was of much importance—I was in Court all the time the serang was being examined, when the charge was against this prisoner—I heard the other witnesses asked if they spoke to me; they said they had not—Moyadeen had not a moustache—I am confident that on leaving Bombay he had one tooth out—I am not sure that he had not more out—I cannot tell whether any of the other twenty-three men had any teeth out—there is what is called a register for seamen abroad, but it is done away with in England—there are tickets given—they are always given to me—I have not got Moyadeen's ticket here—the loss of a tooth is not a defect that would be mentioned in the ticket—I did not look over Moyadeen's ticket to see whether there was any notice of the loss of a tooth—it takes fifty days, on the average, to come from St. Helena to this country; sometimes it is longer.

MR. SLEIGH. Q. Is there one word of truth in the suggestion that you were in the habit of beating the men? A. Not one word of truth.

COURT. Q. You say that you cannot pledge your oath that you did not,

on some occasion, tell the serang to go to h—, would that have been on some occasion of complaint? A. It might have been—I will not swear that I did not say it to the serang, and that it was not when the serang was making some complaint, but it was not a complaint of violence—it might be some complaint that the Lascars were not doing their duty—that would not make me angry—I might say so in an angry moment, I will not swear that I did not.

Q. you say, in a matter of importance, the complaint was made to yon by the serang; would this be a matter of importance if the mate had booked a man down and kicked him? A. Yes—I can swear there was no tacking of the ship when we were about three weeks from St. Helena—I heard the men give a description of what they were doing—they said they were hoisting the side sail, but they were not tacking—what they were doing would make it very important that each man should do his duty in attending to the ropes; sometimes the side sail gets into the water, and would be the means of pulling down the sails—if a man failed in doing his duty, it would be a thing which the mate would be very likely to resent, and push the man away very likely—I did not observe anything different in the appearance of Moyadeen; only about the time that he says this happened, he had a very sore finger, and every morning he came to me, and I used to dress it for him—the mate told me that Moyadeen was a very saucy fellow; he told me that in the beginning when he first came on board, that he was a very saucy insolent fellow, and would not be spoken to—I do not think I punished but one of them—I ordered one of the mates to give him the rope's end—that was the only one I had punished on board—that was because on two occasions he had dropped a bucket of tar close by the side of where the ladies were standing; and the 'next thing, he went up on one of the masts, and chucked one down, and one came down my companion, on my drawers, and I thought I would make an example of him; and that was the reason I flogged him—the men never made a complaint against me of my beating them—the mates had no right to punish these men without applying to me—I was not tried here last Sessions, it was the second mate that was tried—he gave a fellow a thump in the face.

JURY. Q. What was your rate of going when you were about three weeks from St. Helena? A. About ten knots—we carried the trade wind to the Cape de Verd Island.

GEORGE OLIVER . I was second mate on board the Dominion. I was tried here on a charge of some brutal usage to some Lascars—I was honourable acquitted—I shipped on board the Vessel at Bombay—I remember Moyadeen shipping as one of the Lascars—I saw him the first day he came on board—he had not his full complement of teeth—in the front of his face, on the right side, there was a deficiency—he could not speak without your perceiving it, because his teeth are very large—I did not observe on the voyage, the least difference about his face or mouth—he had a swelled face three mornings running when I was on duty, and one morning he was pulling his teeth—I asked what he was doing, and he said he had a tooth loose, he was trying to get it out—that was all he said to me; I did not notice any swelled face—I said I did not see any difference—during the whole voyage I did not see any violence committed by the chief mate toward Moyadeen—I never saw him kick him, or brutally use him—we had not occasion to tack ship when three weeks from St. Helena—we had not occasion to tack ship till we came to the Channel—I had not sailed with the defendant before this voyage—he was a stranger—I never saw anything improper

in his conduct towards the crew—he was too kind—I did not, during the whole voyage, hear Moyadeen complain of having been ill-treated by Mr. Greer—I heard the serang examined here at the last trial—I did not hear him say a word about his having told the captain that the assault had been committed by Mr. Greer on Moyadeen—the serang never mentioned such a word—we had to tack ship when we got into the Channel—it was about 4 or 5 o'clock in the afternoon, off the coast of Cornwall—on that occasion Moyadeen was on the deck, holding one of the ropes—if the rope which he was holding were let go, it would be dangerous to the vessel, and to the other vessels besides—he let go the rope before the order was given, and Mr. Greer rushed forwards and pushed him away, and took hold of the rope—I did not see him strike him—that was off the coast of Cornwall—I never saw Mr. Greer strike Moyadeen, or pull him by the hair.

COURT. Q. The prisoner rushed forward, and pushed Moyadeen out of the way? A. Yes, I believe he did; I did not see him do it—I saw the man let go the rope, and I saw the chief officer come and push him away, and take hold of the rope, that was all I saw.

Cross-examined by MR. RIBTON. Q. This man wanted a tooth when he came on board? A. yes—I do not know about the other twenty-three men—I can speak their language a little, to work the ship—I am not in the habit of speaking much to them, but I understand every word they say—Moyadeen never complained to me—I saw him three mornings trying to pull a tooth out—he said he had a tooth loose—I spoke to him half in English and half Hindostan—I said, "Tron casa? what is the matter?"—I cannot tell you what answer he made in his language—he put his hand to his face, and said his tooth was loose—that occurred on three or four mornings; when I came on board he was still pulling at the same tooth—I was examined on the last occasion here—I stated then that I saw the man pulling his tooth—I heard part of the serang's examination on the last occasion, not all of it.

COURT. Q. You say you were on duty on these mornings; can you tell how long that was after you left St. Helena? A. No—it was three weeks or a fortnight before we got to the Channel.

CHARLES GALE . I sailed in that vessel. Mr. Greer was very kind and humane—I never saw him guilty of any violence, only once, when one of the men let go the main sheet, and he struck him across the mouth—that was Moyadeen—Mr. Greer struck him across the mouth with the back of his hand, and took the rope which he let go—the result of letting go the rope might have been perilous, we were then amongst other vessels—I never heard from Moyadeen or the serang, any report or rumour of complaint of violence on the part of Mr. Greer—I saw these men shipped at Bombay—when Moyadeen came on board, I noticed that he had one or more teeth out—he has got a very prominent mouth, and cannot speak without showing that—the tacking of the ship was about 5 o'clock in the morning——there was no tacking of the ship before that; we had a fair wind—I did not observe any difference in the appearance of Moyadeen's face during the voyage—Moyadeen can speak English a little—Mr. Greer is not connected with the vessel now.

Cross-examined by MR. RIBTON. Q. You did not know this man before he shipped? A. No—there were twenty-three other Lascars on board—I cannot tell about their teeth, I did not observe them.

HENRY MILLIGAN . I was sailmaker on board that vessel. I remember shipping those Lascars—during the whole voyage Mr. Greer was a kind and

humane officer—I always considered him such; I never knew him guilty of any unkindness towards the men, only once, when close to land, when the man let go the rope, when we were close to other ships—that might have caused the loss of the ship—during the whole of the voyage before that, there was not any assault on the part of Mr. Greer, to my knowledge; I never heard it nor saw it—I saw Moyadeen about a week after he was shipped—I did not observe any difference in his face during the whole of the voyage—when I saw him he had a deficiency in his mouth—I am quite clear it was about a week after we were afloat that I saw this, because he was in the same part of the vessel with me—he made no complaint to me of any violence towards him, not in the least—the place where the chief mate did what he did to him, was on the coast of Cornwall—there was no knocking of a tooth out—that was not three weeks after we left St. Helena—it was more likely seven.

Cross-examined by MR. RIBTON. Q. Can you tell us about the teeth of the others? A. Only one of the others—Moyadeen and Meer Ali—I cannot say about the teeth of the others, but if a man speaks to me, I can tell if his teeth are perfect—I have not spoken to them, all—I have not spoken to some of the men during the voyage—I do not understand their language, I had no conversation with them—I spoke to about four, and Moyadeen was one; he was stationed in the same part of the ship that I was.

MR. SLEIGH. Q. There were three Spaniards examined here last Sessions? A. Yes, they are now gone to sea.

COURT. Q. Did you ever hear Mr. Greer complain of Moyadeen being impudent? A. No—I do not know of any of the Lascars being flogged but one—I do not know his name—he was punished with the rope's end.

NOT GUILTY .

OLD COURT.—Tuesday, October 27th, 1857.

PRESENT.—Mr. Ald. MUSGROVE.; Mr. RECORDER. Mr. Ald. ROSE.; and Mr. Ald.GABRIEL.

Before Mr. Recorder and the Second Jury.

Reference Number: t18571026-1005

1005. EDWARD SWAIT (16), Embezzling the sums of 1l. 15s., and 2l. 12s. 6d.; the moneys of Frederick Walters, his master; to which he

PLEADED GUILTY .—He received a good character, and his friends engaged to send him to sea.— Confined Six Months.

Reference Number: t18571026-1006

1006. ROBERT ANDREWS (19), Embezzling the sums of 1l. 17s. and 19s.; the moneys of William Beckford Smith, his master: to which he

PLEADED GUILTY.—Recommended, to mercy. — Confined Six Months.

Reference Number: t18571026-1007

1007. THOMAS DAIMOND EVANS and HENRY THORN were indicted for unlawfully publishing a libel upon Frederick William Cadogan, with intent to extort money; there were other COUNTS., for threatening to publish, and for proposing to abstain from publishing the said libel, with a like intent, and for conspiracy: To the COUNTS. charging the libel, Evans put in a plea of justification, to which the Prosecution demurred.

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

SAMUEL TRIGG . I am a wine merchant, of No. 47, Mark Lane. I am acquainted with persons who are members of the Submarine Telegraph Company, Cornhill—I know Mr. Cadogan by sight—a gentleman named Sandiland, a friend of mine, is connected with the Company—about 4th Aug., I cannot recollect the day, I met the defendant, Evans, at a luncheon house, leading out of Lombard Street—I knew him before—he asked me if I had seen that correspondence in the Times, about the telegraph, I said that I had not—he said that it was Sir James Carmichael's letter, and that he was going to answer it, and was going to see Mr. Sampson, of the Times—I saw him shortly after that day, either the Friday or Saturday after, I think it was Saturday, 8th—I met him accidentally at the Blackwall Railway Station, about 12 o'clock in the morning; I said, "Evans, I have not seen that letter of yours in the Times"—he said, "I have got it in my pocket now, and I will show it to you if you will come with me "—he produced it, and I read it; he said that he was going to take it to Mr. Sampson, to see if he could recommend any alteration in it before it was published—I have known Evans two or three years, merely by seeing him is the office of the Submarine Telegraph Company when I used to go there; he was acquainted with persons connected with the Company.

Cross-examined by MR. SERJEANT PARRY. (for Evans). Q. Had you any particular connection with this Company? A. None at all—I may have known Evans more than two or three years; I do not exactly know the time I first met him—he left the Company in 1854—I knew him at the Company, and have known him since by meeting him occasionally—I was on speaking terms with him; I should say, "How do you do?" if I met him; those sort of terms, nothing more—I may have had a glass of wine with him, but not my wine—when he spoke to me about the letter, we were at Reeves's, in Pope's Head Alley, a luncheon house—he introduced the subject to me on the first occasion, and on the second occasion I asked him about it—I do not recollect that he said that he wished to show the letter to his brother, who had been in the service of the Company, in order to see that the facts contained in it were correct—he mentioned that he had been ill at Gravesend—that was at the first conversation—there were several gentlemen lunching at Reeves's, during the conversation; anybody standing by might hear it—I had not read Sir James Carmichael's letter, or anything in the Times about a message from Trieste, which gave rise to it—I have heard what Serjeant Ballantine has said about it being an answer to something which appeared in the Times—at the time this conversation took place at Reeves's luncheon rooms, I had not heard or read of any imputation against the Submarine Telegraph Company; I had heard that such a thing had occurred in the Times, but I had not read it myself—on the second occasion we met at the Blackwall Railway; he was coming in and I was going out; we met on the step—I was going to inquire about the Herne Bay boat.

MR. BODKIN. Q. Was he coming out of the station? A. Yes—on the same day that I saw the letter, I mentioned to some one connected with the Submarine Telegraph Company, the substance of my communication with Evans—I believe this letter (produced) to be the same that Evans showed me at the Blackwall station in point of substance; I cannot say whether it is the same paper.

MARMADUKE BLAKE SAMPSON . I have the conduct of the City news connected with the Times newspaper On Wednesday, 5th Aug., Mr. Evans came to me with reference to a letter which had been published, from Sir James Carmichael, in the Times of the preceding day, that he could controvert

the statement as far as regards the purity with which the matters of the Telegraph Company were managed; he said that he had been in the service of the Company—I asked him if he had been discharged from their service; he said, "No," and produced a letter, a testimonial, which he stated that he had received from the Company on leaving it—I then told him that I could not enter into his statement then, but that he had better put what be had to say in the form of a letter and send it to me; he said that he would do so, and there on that day the interview terminated—on Saturday, 8th, Evans called on me again, with Mr. Thorn; he then said that he had prepared the letter, and wished me to read it; I did so (it has been cut up for printing)—he said that all the statements in that letter were within his own knowledge—I said, "They may be, except in one case; you make a statement here which you cannot say is the case; you may assume it, and you may believe it, but you cannot positively know it; and if you like to put in the words, "I assume", that will meet it, but this is a very grave affair; you must be prepared to meet it, and therefore you cannot be too cautious "—I see the words, "I assume," put in here; this is the letter—I should think it was about half past 2 o'clock, at the earliest, that they came, and they were there about twenty minutes—Thorn took hardly any part in he conversation, but when I pointed out the serious character of the letter, he made a remark as if he considered that the Times must judge of that; it struck me that the remark was intended to throw responsibility on the Times with regard to it.

Cross-examined by MR. SERJEANT PARRY. Q. How long do you think the interview lasted on the Saturday? A. I think about twenty minutes—I think it must have been verging towards 3 o'clock when they left me—I said that I should not like to take upon myself the responsibility of dealing with it, and I should like them to go to the office and see the manager, and submit it to him—I very likely said that it would be useless to go after 4 o'clock, as Mr. Morriss would have left—that is the fact on Saturday afternoon—Evans also said to me that he wished to show the letter to his father, in order that he should be quite sure that the facts he was stating were correct—he mentioned that his brother was in a situation in the Admiralty, at Somerset House, and that he must go there to see him before he could deliver the letter to the Times—he possibly mentioned that his brother had been in the office with him in the instrument room, I do not recollect—the first day I saw him was Wednesday, 5th—I am sure that he had previously communicated with Mr. Mowbray Morriss; it was on the previous day—I received from him between the 5th and 8th Aug., a telegraphic message; I am afraid I have not got it, I think I very likely destroyed it—I have not looked for it, but no doubt T threw it away with the waste paper of the day—I answered the message; this is the answer (produced), it is dated Aug. 6th, and I presume I received the message on the same day; it is not a message of the Telegraphic Company in question.

MR. SERJEANT BALLANTINE. Q. You received a communication, and sent a communication in return? A. Yes—I do not think any reference was made to the telegraphic message in the conversation I had with him—the message was dated "Gravesend."

MR. SERJEANT PARRY. Q. Whatever the messages were, had they reference to the publication of a letter in the Times? A. They had—I do not think I had communicated before, to the gentlemen conducting the prosecution, that I had received any telegraphic message from the defendants—I have never directed in any way that messages should not be sent from

the continent to me during Stock Exchange hours, nor have I ever known of any such direction.

Cross-examined by MR. ROBINSON. Q. I need hardly ask you, from the way in which you have stated the interview took place, whether, besides that, there had been some considerable talk between you and Evans? A. Nothing more than I have stated.

MR. SERJEANT BALLANTINE. Q. I suppose you have not communicated any of these matters to the other side? A. No; Mr. Cadogan called on me late on the Saturday evening—my office is in Lombard Street, a quarter of an hour from Printing House Square.

MR. SERJEANT PARRY. Q. You say that he produced a testimonial; did you read it? A. Yes; my inquiry as to his being discharged was, as to the confidence I could put in any statement he made.

HON. FREDERICK WILLIAM CADOGAN . I am by profession a barrister. I was one of the promoters of what is now the Submarine Telegraph Company—from the year 1852 down to the end of 1854, I was constantly at the offices of the Company, and for long periods, daily—at that time the arrangements were almost in embryo, and were being perpetually changed—the internal arrangements in connection with the clubs and other places, and also the Continental arrangements, had to be made—those were all made from 1852 downwards to 1854—I attended constantly at the office during those periods—the course of a message proceeding to the Continent is this: it is brought by the sender to the counter on the, ground floor, where the number of words is computed; the money is paid, and the message is taken up by a lift to the transmitting room, the instrument room; the message is then sent to its destination immediately, if there is no other message on the file previously sent up; if there are other messages to be sent by the same instrument, it is placed underneath, and is dispatched in its turn—the duty of dispatching it in its turn would attach to the superintendent of the room in the first place, and to the transmitting clerk at the instrument in the second place—Evans held the position, until he was discharged, of superintendent of the submarine telegraph room—he was also superintendent of another telegraph under the same roof—he was the superintendent of the room in which the submarine telegraphic messages were received and dispatched—there were a good many other clerks, all of them under him—the history of a message coming from abroad is this: it is received on and by the instrument in connection with the foreign and Continental line, or town, as the case may be, say Paris; it is received at an instrument in a room at No. 30, Cornhill; that room contains several instruments, several clerks; in the centre, the superintendent's table, and the superintendent; in one corner is the dispatch office, with a hole in the wall, or door; it is received in manifold; that is to say, the clerk reads off the message, and writes it in manifold; that is done either by the clerk at the instrument or by his assistant—as soon as the message is complete, he hands it to the superintendent sitting in the centre of the room—that is the room where Evans was superintendent; he had complete authority; he was supreme there—having been received by the superintendent, it is read by him, the words are counted by him, the message is prepared for transmission, and all the different formularies are arranged upon it; the hour, etc., is seen to be correct—I believe the time is inserted by the superintendent, but I am not sure, or by his clerk—it is inserted or checked; then it is handed to the clerk, who sits near the door—by him it is put into an envelope, and sealed; he makes some signal, either rings or knocks, I do not

know which, and he hands the message, through a trap in the door, to the boy, the next boy on the rota for taking messages—my position is invariably in the boardroom—that is where my desk is, and that is where I sit when I am there—unless I was in the superintendent's room, I could not by any possibility have the first access to the messages—all Government messages are in cipher, except those that are upon public matters; for instance, I should think the list of killed and wounded, or the history of a battle, would not be in cipher; but, to the best of my belief, all matters of Government correspondence are in cipher, wherever it is practicable—it was not my habit to interfere with the transmission of messages, or to have one message placed before another—I have no recollection whatever of a dispatch from Lord Stratford de Redcliffe to Lord Clarendon, dated Constantinople, Dec. 3rd, and Vienna, 13th, nor of the funds falling half per cent, in relation to such a message—I cannot swear that I did not see the contents of such a message—I can swear I do not recollect it—if I did see it I can swear I did not use it for any purpose, or look at it for the purpose of using it in any way, taking it in the broadest possible sense—I have never used the contents of any such message for my own private purposes—I never employed a person named Edenstein, in London, to send a message to a person named Jacquemont, at Paris—I never heard the name until I saw it in the libel—during the time Evans was in the service I frequently looked at the contents of the forwarded, and received Continental messages—I did that for several purposes connected with the administration of the office—I never used that knowledge for private purposes, or for any purpose whatever—I have given instructions to forward news to my private residence, but not in the sense in which it may be contemplated—the only cases in which I can recollect having desired any news to be forwarded was during the war, upon questions in which I was very deeply interested, having relations engaged in the war; therefore, when the news came of the list of killed and wounded, I have on several occasions, when I have not been at the office, had those sent up to my house—they were certainly not sent up to my house until they had been made public—they never came to me until hours after they had appeared in print, or in some public source—I can swear that that was the character of the message—I never had a commercial message sent up to my house, or a message connected with the funds, or pecuniary matters—the messages that were sent to me were purely those which had reference to the engagements in which my brothers and friends were, in the Crimea—I imagine the allusion in the libel to an Indian telegraph received by Austrian Lloyds, alludes to this transaction; in 1853 the Company laid down wires to the West End, to four or five club houses; at the time those wires were opened, the Company made an arrangement with a news agent at Paris, of the name of Havarse, who is a general news agent at Paris, to supply them with a summary of news in the afternoon; and that summary of news, which he was in the habit of supplying at a fixed price, was to be sent to the different club houses, into which buildings our wires were taken—we did that more as an advertisement—it lasted a very short time—on one occasion Havarse's message arrived containing the Indian summary which belonged to the Times, and I believe, also, to the Morning Herald, who were associated with them—Havarse's summary contained the fact of this Indian message arriving at Marseilles—it was just then that the Submarine Telelegraph Company was completing its arrangements with the Times for the reception of its messages, both by Marseilles and Trieste—I gave instructions at the office that this message of Havarse's, containing

this improper matter, or rather this private matter, belonging to the Times, should be forwarded—at this distance of time, I can hardly tell what the message contained, but I desired it to be sent to the club houses—it was not sent only to my club, Brookes's—to the best of my belief, it was sent to the four or five club houses with whom we dealt, but I cannot swear that I was not at the club at the time—I had a communication with Mr. Mowbray Morriss on the subject, and I explained the matter to him by letter—there were written communications between us—I never ordered a dispatch to be forwarded to Mr. Seymour Clark—I do not know Mr. Clark—I have never seen him to my knowledge—I have never spoken to him—I have not the most distant conception of anything about Mr. Seymour Clark, except that I see his name printed up as manager of a railway company—the Rothschilds deal with us constantly, daily.

Q. Do you recollect, at any time, when there has been some convulsion in the funds, a great rush of stock brokers coming to the office? A. I have recollected that fifty times during the last six years, and perhaps 100 times—it has been reported to me, I do not know it from my own knowledge; the superintendent has come in and told me so—I never went into the office, selected a message from the bottom of a pile of messages in relation to the funds, and desired that it might be given precedence—I have never, with one exception, given any precedence to a message of Baron Rothschild's—I never desired one to be taken from the bottom of a pile, and precedence to be given to it—I can swear that Mr. Evans never remonstrated with me on the subject, and said that it was an improper thing to do—I must correct my last answer; the case to which I alluded, the only exception where I have ordered precedence to be given to a message, for aught I know that message might have been taken from the top or the bottom, I know not where it was taken from—I did not take it, and I had no such conversation with Mr. Evans as is stated in the libel—I have never given any precedence whatever to any business message, or ordered that precedence should be given, with that one exception—we have the contents of the messages in our possession, as there has not been one single message of the Company destroyed, but we have no means of fixing the date or knowing what the message named in the libel is—there is no date given to it—they are all in the hands of the officers of the Company, and they are all here—they amount to above 400—I believe every one of Baron Rothschild's messages are in Court at this moment—I have never acquired information at the office, and used it for my private purposes in any shape whatever—I say that emphatically—I first heard that Evans had been making statements in relation to the Company on Sunday, 8th Aug., about half past 2 o'clock in the day, or between 2 o'clock and half past 2—it was when I got home that I heard it—a gentleman called on me five minutes afterwards; I then learnt from him that a communication had been made to Mr. Trigg and others—at that time I was living at my father's house, No. 138, Piccadilly—when I got home, my servant informed me that Captain Thorn had called, and I saw Captain Thorn by appointment at 7 o'clock—it was not an appointment made by myself, but by him, he had told my servant that he would call at 7 o'clock—from what I knew, I desired my wife, Lady Adela Cadogan, to be in the room when he came—she was there during the whole of the first conversation, and nearly during the whole of the second—when he came in, he stated that his name was Captain Thorn, and he told me that he was come from Mr. Evans, upon the subject of a letter that was to appear in the Times—he told me that he had

not seen Mr. Evans for four days, that Mr. Evans was laid up at Gravesend with a bowel complaint—he read me a note from Mr. Evans to himself, stating that he was ill, and he showed me Mr. Evans' testimonials in an envelope; one was the testimonial of my own secretary, who is dead now, one of the secretaries of the Submarine Telegraph Company, and other private papers belonging to Evans, stating that Evans had left the matter entirely in his hands; he represented him, as he was unable to be in London himself—I asked him why he brought me this letter; in the first place he gave me the libel to read, and I read it out loud, and returned it to him—I said, "I must have a copy of it"—he objected at first, without assigning any particular reason, but subsequently he said that I should have a copy, but that it was necessary for him to consult a friend before he gave it, but he pledged his word as a gentleman that I should have a copy that night—he repeatedly drew my attention to the fact that he had had heavy pecuniary engagements with Mr. Evans and with gentlemen "at this end of London," that was his expression, that he was mixed up very deeply in money matters with Evans—he volunteered that repeatedly—I should think he said it half a dozen times—he added that he was in Evans's power, that he thought it very imprudent of Evans to write such a letter, that it must be manifestly to my interest and the interest of the Company that this should not appear; he repeated that several times, and that was pretty much the substance of the conversation, except that it was repeated over and over again—I rather think he said that he was very sorry Evans had written the letter, it was very imprudent, and he would have nothing to say to it—I think he said that, but I am not sure, but it extracted this observation from me, "What is the use of your bringing me this letter, non constant that Evans may not have sent it to the Times at this present minute?"—he said, "Oh no, the matter is left entirely to me; here are all Evans's credentials and his papers, and I am quite certain it will not be sent to the Times except through me"—that is the sum and substance of the first conversation; he then left, arranging to come back at half past 9 o'clock, after seeing his friend—he came back at half-past 9 o'clock, and then he said to me, "Mr. Cadogan, I wish you to release me from my promise of giving you a copy of the letter"—I said, "Mr. Thorn, I have no sort of idea of releasing you from your promise; and as I shall certainly take legal proceedings on this matter, I advise you to let me have a copy of the letter now, which otherwise I shall extract from you in a court of law"—he hesitated considerably, but I pressed him very much to let me have a copy, and the result was, that he sat down in the library at my father's house, and he copied the letter, and handed it to me; he signed it, I signed it, and my wife signed it with her initials—at that second interview he again alluded to the pecuniary position that he was in, with Evans, and he brought in this money question by the neck and heels, as before—he mentioned the money question on the second occasion without any allusion of mine whatever to it—he then left—I took an opportunity of communicating these circumstances to the managers of the Times, and on the following Monday or Tuesday I applied to a police court—that is the copy of the letter, signed by myself.

Cross-examined by MR. ROBINSON. (for Thorn). Q. You say you first saw Mr. Thorn about 7 o'clock? A. I did, I expected him at that time—Lady Cadogan was in the room—I should think she came into the room at the same instant he came in—he could not have been a minute in the room without her—there were no other persons in the house but servants and my own children—I returned from the City at a quarter to 6 o'clock, I think it was; I was not

in the house a quarter of an hour before Captain Thorn arrived—I had just time to tell my wife why I wished her to be present, and to ask her to sit down—Captain Thorn told me that he had come from Mr. Evans—I understood him that he was sent by Mr. Evans; no, I must correct myself I did not understand that—I must have understood this, of course, that he and Mr. Evans were acting together, but that he came on his own account—I did not understand that he was sent—he did not state to me that he was sent by Evans—he said that he had come from Mr. Evans—he stated to me that Mr. Evans was ill at Gravesend, so he could not say he had come from him—he told me that he had not seen Mr. Evans for four days—I swear that most solemnly—(The witness's deposition being read, did not contain that statement)—I adhere to my statement, that he did state that he had not seen Evans for four days—I did not state in my deposition about his having read the letter to me from Evans—I forgot that entirely—he asked me more than once to consider the communication private, and perhaps confidential, and I purposely made no answer to him on that occasion—he said that it was in Evans's power to ruin him—I cannot say that he requested me to consider it a confidential communication, and not to communicate to Evans that which he had told me; I do not recollect his doing so—I will not undertake to say that he did not, he may have said so—my firm impression is that he did not—I have a clear remembrance of telling him that I intended to take legal proceedings, before I got the copy of the letter—I made a memorandum of this conversation, I do not know when—it may have been the same night, or it may have been the next day, I really cannot tell—I should think it was within thirty-six hours of the transaction—I am on my oath, and I tell you I do not know when I made it—it was certainly not on the Tuesday—I can swear, if you like, that it was within the Sunday.

Cross-examined by MR. SERJEANT PARRY. Q. You are a director of some other companies besides the Submarine Telegraph Company? A. I am a director of four other companies in that office—there is the Submarine Telegraph Company, of which I am a director, and the European Telegraph Company, in connection with it—the Railway Signals Company, which is on the same premises, and on the same floor; one is a Steam Ferry Association—that is an embryo, and the other is a patent that was taken out by myself and the chairman of the Company, for transporting materiel for the army—it is known in the office as Balance's Patent—I am a director of all those companies—it was the instrument room that Evans had the superintendence of—I was at times constantly in that room, at other times not for almost months together, or many weeks together, sometimes—I have not been into the instrument room once a month, or twice a month, for a long time past—I have been occasionally there, continually, day after day, and several times in a day—I should have an opportunity of seeing one of each pile of messages; the top one of each pile, if I did not look further—if I looked further, of course I should have an opportunity of seeing every one—my attention was very frequently drawn to them by Evans; certainly not to every one, but to a great many—I frequently went and examined the messages of my own accord—the Government always adopt a cipher—I should imagine that nobody would know that cipher except the Government—I have been trying to recollect how many messages I have had sent up to my private house—I have never had any since the war was over, and during the war I should not think I have had more than half a dozen at the very utmost—I state that as my belief—I have constantly received

messages at my private house, private messages, such as any individual might receive—I have had messages from different parties, as any one else may have, and I have had messages on service very often—I have used our telegraph to the out stations, to Dover and those places—these were not always messages connected with the working of the office—they were frequently private messages of my own, frequently from abroad, entirely of a private character—I believe I have not constantly received public messages at my private house, sent from other parties to other parties—I cannot recollect receiving more than half a dozen messages of the description you allude to; they were only the battle messages and the events of the war, and I have had none since of any sort or kind—there is no file of public messages—I tell you, as I told you before, I have occasionally had constantly to examine the file of messages—I was not in the daily habit of examining the file of messages—it may have occurred several times a week, not examining the messages through, but doing it for a certain purpose—I am trying to give an answer that will explain the purpose—the tariff arrangements that, are made by the foreign governments were then being perpetually changed, and the working of the office to meet these tariff arrangements was being perpetually changed; there were very difficult technical questions as to the transmission of messages over foreign lines; those subjects were constantly before me, and constantly required my reference—some two or three months ago the foreign governments, if you will allow me to give you an illustration, made another very arbitrary rule about the number of words to be contained in a message at a given price; it was then for us to consider whether the reduction from twenty-five words, I think it was, to twenty or fifteen, could be made; and I should think for two or three days, two or three months ago, the superintendent on duty had constant communications with myself and with other directors upon the subject, and I dare say I must then have seen fifty private messages—it was for that express purpose, but what they were I have not the slightest notion—no particular duty was cast on me at all, but I was generally living in London, and many of the directors do not, the chairman at any rate, does not live in London—I, as one of the promoters of the concern, took a great interest in it, and virtually all the internal arrangements, at least a great many of them, were left to myself and the chairman, and were ratified by the board if they thought proper—as a question of degree, I should think I was the only director that took such an active part in the instrument room; many of the questions came under the view of the chairman as well as myself—there was an order made that nobody was to come into the instrument room without the permission of the secretary; it was made at my request and the chairman's; a printed order, I think it was; we had reason for making it—the order was that no one should go into the instrument room except the directors, unless authorised by the secretary—I do not know whether the directors were excepted in the printed order or not, but they were not de facto, because they were there—to my knowledge, complaints have not been made that I was constantly in the instrument room; never in my hearing; I do not believe it was said by Mr. Brett; this is the first time I have ever heard of it—I have not the slightest recollection of Mr. Brett complaining, in my presence, that I was too often in the instrument room; I could almost swear that he did not; the question has never arisen—I know a Mr. Edwards—I have never been charged, in his presence, with being too much in the instrument room, never that I recollect—you take me by surprise—to the best of my belief, I have not the slightest recollection

of it, or of any circumstance that could lead to it—it would not be the duty of the accountant to look at the messages on account of the alteration of the tariff; his duty would be merely to see that the moneys were paid and the tariff complied with—that would depend on the number of words sent—that was not my only object; my object was not to verify the amount taken or received, but upon the general principle; matters were then and are still perpetually being changed—there are no private companies abroad; the whole is in the power of the foreign governments, and they are perfectly arbitrary in their arrangements—I was constantly doing all this until the end of 1854, when I went to the Crimea—from 1852 to 1854 I was constantly at Cornhill, doing this, except when I was away, which was very often—I do not mean to say that there were alterations in the tariff week after week—I was not at Cornhill for the sole purpose of any question of tariff; I was there for matters, as you have extracted from me, in connection with four different companies.

Q. Have you never gone to the instrument room, taken the file of received and forwarded messages, looked at them carefully, and immediately gone out again, without saying anything to any one? A. I have done so, not frequently—it was not my habit—I should think I have not frequently gone into the instrument room, looked at the file of received and forwarded messages, and gone out again without saying anything to the superintendent, or any one else—I certainly have done so—at the distance of four years, I cannot swear positively, but my impression is, I have not done so without speaking to the superintendent—I may have gone to the file of messages, carefully read them, and left the room without speaking to any one; that is, carefully reading the message I was seeking, not the whole collectively—message is strictly the property of the party by whom it is sent, and to whom it is sent—we take every possible guarantee that in all our transactions privacy shall be strictly kept—I have availed myself of the messages precisely as the superintendent would—I mean in the same sense as any officer of the Company—I did so, because I was virtually charged, being at Cornhill constantly, and the bulk of my brother directors not being there, and a great many questions of detail arising upon the manipulation of messages, and the transmission of the telegraph business, upon which my opinion was formed by seeing the messages—I was constantly looking over the messages, in order to form my opinion as to how things were going on—in many cases I have read the messages—there were a great many messages to Paris; at certain hours of the day, scarcely anything else—at certain hours of the day the telegraph is almost conclusively confined to stock transactions between Paris and London—I can scarcely answer whether I used to read such a message or not—I might swear this, that I never read it with in object—I was certainly not in the habit of reading such messages—occasionally I must have read such a message among others—such messages are sent everywhere—the messages are all put together; one may be for Vienna, and the next for Paris, and the next for Turin; they all come in a lump—unless I went purposely to look, I should only see the top message; I must lift them up; they are in a sort of clip—I said that I had not given precedence to messages of Rothschild, with one exception; I did once order a message of his to have precedence—I do not know what message that was—Baron Rothschild's agent applied to me on two occasions during my connexion with the office since 1851, to allow precedence to be given to a message of his—the message to which I gave precedence was, to the best of my belief, a message destined for some long distance, and it was at a

time when our wires were all broken down—that message is no doubt here—we have every message of Rothschild's tied up here, therefore it must be amongst them; but I do not know which it is—(papers produced)—I have now all Baron Rothschild's messages before me; here is one dated 3rd Feb., and one dated 4th Feb—I cannot tell whether this is the message to which I was asked to give precedence; the libel states that there is a memorandum on the message—I cannot say whether either of these is the message to which I gave precedence, I have every reason to believe not—there is no note of Evans on any one message; there is none on any of Baron Rothschild's—I have not myself looked over them all for the purpose of ascertaining it, but they have beep examined for that purpose—every message is numbered—they are numbered in the instrument room, but at what period of the history of the message I do not exactly know—it is the duty of the superintendent, or the person who receives the messages, to number them according to their order, but I do not know when they are numbered—of course, "first come, first serve" is the great principle upon which we go—there is no message here bearing any mark; all the messages are here that went through' the office on 3rd and 4th Feb—they are numbered consecutively, I do not know whether it is done as they arrive—I say so most distinctly and emphatically—if half a dozen messages are brought up from down stairs, from where the public have delivered them, I do not know by what machinery those messages are separated and numbered in the course as they arrive—they have consecutive numbers, and they are registered by those numbers—I think they have almost invariably the time on them at which they are sent, but I think not always—I do not know the date of Baron Rothschild's message to which I gave precedence, I have no recollection whatever—that was the only occasion on which I gave that precedence—I did not. myself go through all these messages before the summons was heard at the police court, to see whether I could find the message of Baron Rothschild—I gave instructions that it should be done by the officers of the Company—no message has been discovered which I recognize as the one I ordered to be so transmitted—I gave order for the precedence of that message, because. I conceived it to be a case in which I could do so without injury to the public, and without giving it any unfair priority over say other persons—I never did it in more than one instance; it was applied for in another instance, and refused—I may, in the case in point, myself have taken up a message of Rothschild's, and put it forward for transmission—I should think I probably did hand the message to the superintendent to send—I should think so, I cannot swear that I did—I cannot say how many I gave it precedence over; it is quite impossible for me to say; it is three years ago; it was done as a matter of favour to Baron Rothschild—I considered it perfectly justifiable, and perfectly not wrong—that may not be very good English, but that is what I mean—certainly, the bulk of my brother directors were not aware of it, because they were not there; whether the chairman was aware of it or not, I do not know; he was aware of the second case, because I was with him at the time, and we together refused the message on account of its having the price of the funds in it, and because it was not, therefore, a private message, we refused to give it priority—the superintendent brought me the message, with the request that I would give it priority, and I believe the observation was from him, "This message cannot go, because it has got the quotation of funds in it," and we said, "Certainly not"—Sir James Carmichael was with me—I should not think any other director was with me when I sanctioned the priority in the

first instance, but I do not know—I know Mr. Woollaston—when the Company was first formed under the French law, it was formed in the name of the "Compagnie Woollaston"—he was one of the promoters; he was afterwards engineer of the Company—I am firmly convinced that I never, in his presence, took a message, not from Rothschild's, from a heap of messages, and gave it precedence—I can swear that my. firm belief is that I never did, that I have no recollection of it—I never, in his presence, gave precedence to a message of Devaux and Co. to Amie, at Paris; most certainly not—I have not any idea of doing so with a message from Uzzieli and Co.—I will undertake to swear that, in the presence of Mr. Woollaston, I did not transfer some messages from the bottom to the top, or from a low place in the pile to a higher, for the purpose of giving it priority—we might possibly have sent a service message, that is a message on the business of the Company, in priority of others—I emphatically say that I never did so with a message forwarded by parties to Paris, or any part of the Continent—I never at any time, after having so transferred a message, proceeded at once to a stock broker's office, from the office of the Company—I have, for many years past, been in the habit of speculating both in shares and in the funds; from 1848—I have no knowledge whether any other of the directors have been in the habit of doing so—I never joined any other director in speculations—I have not been in the habit of going from the office in Cornhill to my stock broker's four or five times a day—I may have gone there two or three times a day; I may have found the person out that I went to see, and come back—I cannot say that I have, immediately after looking at a pile of messages, gone over to my stock broker's—there has been no connexion in my so doing—I cannot, at this distance of time, say whether or not I have done it—I mean that I have not walked from the instrument room to my stock broker's in connexion with the business—I have certainly not, after looking at a pile of messages, gone direct to my stock broker's to give directions—I do not remember at any time a fall of half per cent upon a message from Constantinople—I have no recollection whether I bought or sold on that day—I do not know of my own knowledge whether I had any transactions on 13th Dec. or not—I do not keep books myself my brokers would; I have seen my brokers, and have asked them—I do not undertake to swear that I had not—I have not been curious enough to inquire whether there was a fall of half per cent on 13th or 14th Dec; I took it for granted that there was—no complaint was ever made to me by the Daily News; it may have been made to the office, but I do not know it—I have never selected Baron Rothschild's messages out of the heap or pile, and looked at them, and read them; I may have done so, from Baron Rothschild complaining to me of the detention of a message; he has frequently complained of his messages arriving later than other people's, and I have tried to ascertain the cause of it, and I may have gone to look at his message to see the hour at which it arrived—I am very intimate with Baron Rothschild—I have never sent any message down to Gunnesbury Park from our office—on one occasion I wrote to him, I believe, by a boy, and desired if he was not at his house in Piccadilly, that the note should be taken to Gunnesbury—that was on a Sunday—I sent a boy from the office with it—I was not in the habit of attending at the office on Sunday—I have looked at my diaries, and I find that I have attended in all six times on a Sunday—I have never sent to any of my intimate friends duplicate messages of telegrams that have arrived—I am sure of that—I think on one perhaps two occasions I forwarded an extract to my wife of the

list of the killed and wounded—I never forwarded extracts from messages of a different character—I am quite certain I never did so with a message from a banker's at Paris, I swear it most solemnly—the complaint made by the Times was made to the then superintendent of the news department, Mr. Robinson—I do not know whether it was by letter—I wrote an answer to Mr. Mowbray Morriss, the substance of which I mentioned just now; it was an apology on my part for the mistake, the message having gone to a public source.

MR. SERJEANT BALLANTINE. Q. I believe your wife is sister to Lord George Paget? A. She is—he was out in the Crimea at the time—messages from the Continent are delivered in London in the language in which they are sent—a message from Vienna, in German, would be received in London in German, and would be delivered to the recipient in German—we do not now translate messages sent to us in English for transmission, but we did in 1852—the translation of a message will very often completely alter the number of words; it is very often impossible to translate a French message of twenty words into an English message of twenty words—I looked at the messages for endless reasons connected with the Working of the office; it is impossible for me to say that that was the reason of my looking at a particular message—there was no sort of secresy about it; there were always ten or twelve persons there, looking at my doing so—I certainly never made use of any one of those messages for my own private purposes, nor have I ever published the contents of anything like a commercial or business message—I cannot recollect what the note was about that I sent to Baron Rothschild at Gunnesbury, no more does he; it was a private note, in relation to a private matter; it had no connexion whatever with the telegraph office; it was sent by a telegraph boy, because I had no one else to send; I paid him myself to go.

COURT. Q. We have been on the verge once or twice of having the explanation of what led you to authorise precedence to be given to a message of Baron Rothschild's? A. I was stopped—my reason was this; I have no recollection whatever what the message was that I gave precedence to, nor do I know the date, but my impression is that when oar wires were all broken down, and there was a very large arrear of messages (it is stated in the libel there were twenty-five; very likely) there was a heap of messages that could not pass; my belief is, that Baron Rothschild's agent requested me to send a message, destined for some distant part, which it would not reach if it did not pass out of England on to other wires at a stated time; and my impression is that I gave precedence to a message destined for some distant part, and my conviction is, that it was a message of some private kind requiring an answer, and that there were special circumstances, and that it was not a stock exchange message, and not a business message, where other could be prejudiced in any way; that is my impression.

JAMES BOWEN . I was in Mr. Cadogan's service in Aug. last, but am not now. On Saturday, 8th Aug., from 4 o'clock to a quarter past, Thorn came and asked for Mr. Cadogan—it was at No. 138, Piecadilly—I told him that Mr. Cadogan was not within—he hesitated some time, and asked when he would be in—I told him it was very uncertain during the afternoon, but he would be in by 7 o'clock, and he said he would come at that time—he did so, and stayed some time—I showed him up into the drawing room to Lady Adela, and Mr. Cadogan came home and saw him—he went out, and came again at half past 9 o'clock the same evening.

Cross-examined by MR. ROBINSON. Q. What time did he call the first

time? A. From 4 o'clock to a quarter past—I have no particular means of fixing the time, but that was about the time—I did not see Mr. Cadogan afterwards until I had shown Mr. Thorn into the drawing room—he was not at home when Mr. Thorn first called—I did not let him in—I do not know what time he came in—the hall porter attended to the door both times—he is not here that I am aware of—Mr. Cadogan and Lady Adela were only staying there for a time, and the call bell was rung for me—I was not prepared to receive Mr. Cadogan as soon as he came in—it was not my duty—Mr. Thorn did not see Lady Adela in the first instance-—she was in the room when he went in at 7 o'clock—when he entered, he found Mr. Cadogan and Lady Adela too—Mr. Cadogan was in a small anteroom.

LADY ADELA CADOGAN . I am the wife of the Honourable Frederick Cadogan. We were staying at his father's house, in Piccadilly, in Aug. last—I remember a person named Thorn coming there on Saturday, 8th Aug.—Mr. Cadogan had made some communication to me on the subject of that person before he came, and in consequence of that, I remained in the room during the whole of the conversation which took place between him and Mr. Cadogan—he came about 7 o'clock—he brought a letter from Mr. Evans, enclosing one which Mr. Evans had written to the Times—he gave it to Mr. Cadogan, who read it out aloud at the window in my presence—he said that he thought it would be a damaging letter to the Company and Mr. Cadogan, and that he had better bring it to him—Mr. Cadogan returned the letter, and asked for a copy of it—he said he must consult a friend, and he would bring him a copy of it before 10 o'clock that night—he said that he had not seen Mr. Evans for four days, that he was ill in bed at Graveseud, and had sent him this letter—he had some papers with him, and the letter from Mr. Evans to himself I understood—he could give no particular reason why he came; he said he thought it would be damaging to Mr. Cadogan and the Company, and he thought Mr. Cadogan would wish to know of it; he said that he was the greatest friend of Mr. Evans, and was mixed up in heavy pecuniary engagements with him—Mr. Cadogan said he did not understand why he should come to him about it at all; Mr. Evans could send the letter to the Times—Thorn replied that he thought it would be to Mr. Cadogan's advantage, and that of the Company, that the letter should not appear—he was there about a quarter or half an hour—he came again about 10 o'clock I think—I was not present at the beginning, but I came into the room soon afterwards—he was then sitting at a table, copying the letter, which Mr. Cadogan held in his hand; he finished it, and gave it to Mr. Cadogan—he repeated frequently that he was under heavy pecuniary engagements with Evans and with other gentlemen at the west end of town, and that he was in Mr. Evans's power—I put my initials to the copy—this (produced) is it.

Cross-examined by MR. ROBINSON. Q. How long did it take to write? A. I cannot exactly say, because I was not in the room when it was begun—Mr. Cadogan had only been in the room with Thorn a few minutes before I came in—I expected Mr. Thorn—he said he would call on both occasions—I was first spoken to by Mr. Cadogan on the subject very shortly before Captain Thorn came; directly he came home—I did not come home with Mr. Cadogan—he came home it might have been a quarter before 7 o'clock—the only inmates of the house were myself, my children, and I think Lord Cadogan was living in the house, but he was not at home at the time—there was no governess—I made a note of the conversation a day or two before the trial came on last time at the police court—I was not present at

the police court, I was-ready to be there—I cannot tell now when it was I made the memorandum—I do not recollect Mr. Cadogan making any memorandum—I have never seen any but my own—I wrote it on a scrap of paper I had by me—I have got it with me—Mr. Cadogan has never seen it—Mr. Thorn said that Mr. Evans had sent him a letter enclosing a letter that he had written to the Times—I last read my memorandum this morning—I do not think I have read it since—I do not object to your seeing it in the least—I understood Thorn to say that he was in Mr. Evans's power—he told Mr. Cadogan that he wished the communication to be considered private—I do not remember his mentioning Mr. Evans's name, saying that it was to be concealed from him, but he said he wished it to be private—I understood him to say when he left that, he did not wish to leave the letter at the Times—(Memorandum produced)—I cannot tell you on what day this memorandum was written, I do not recollect—it might have been written a week afterwards, I cannot say—I did not write it at the instigation of Mr. Cadogan at all—it was merely the suggestion of my own mind—I do not recollect that he said that he should be ruined if Evans knew that he had showed Mr. Cadogan the letter—he said that he was in Mr. Evans's power, and he wished it to be a private interview.

MR. SERJEANT BALLANTINE. Q. Were you requested by your husband to be in the room with a view to noticing the conversation? A. Yes, and I am sure it is correct.

COURT. Q. I understand you to say that this was made before Mr. Cadogan went to the police court? A. I believe it was, but I cannot recollect—I wrote it one evening, in case my memory might fail me on any little point—my impression is that it was before I went to the police court.

MOWBRAY MORRISS . I have produced the letter to the Times, written by Mr. Evans; it was left at the office, I think, on Monday, 6th Aug., but I forget the day of the month—I afterwards received a communication, and as the matter was to have publicity in another form, I did not publish it.

Cross-examined by MR. SERJEANT TARRY. Q. Did you receive a message from Evans several days before that? A. Yes, it was on the previous Tuesday—I think that was the day that the letter of Sir James Carmichael appeared—I received a telegraphic message from Mr. Evans; I do not think the expression, "Inserting that letter in the columns of the Times was used—I am not the editor; I am the gentleman to whom application should be made, if a letter was to be answered—it was from Gravesend; to the best of my recollection, I was under the impression it came from Rochester—I made a complaint to the manager of the Company as to the use of a message belonging to the Times—I had previously received a communication from G. M. Smith, of the Daily News, and it was in consequence of that that I communicated with the Submarine Telegraph Company—the communication was addressed to Mr. Robinson, the manager—I received an answer from Mr. Cadogan, one of the directors—I have not got it, I have mislaid it; this is a copy which I have examined with the original letter—(Read: "Submarine Telegraph Company, No. 30, Cornhill, 12th May, 1857. My dear Sir,—In reply to your letter to Mr. Robinson, I must beg to take the whole responsibility on myself of a mistake which occurred yesterday, in sending the summary of the Indian mail to the Clubs. I came into the office, and, seeing a dispatch of foreign news from M. Haverse, from Paris, which he sends to us under a private arrangement, I concluded that the Indian news was part of this, which I was desirous of sending to the Clubs, as a specimen of what we could do for them. It was only on my

arrival here today that the superintendent informed me that he had obeyed my orders in forwarding this summary; but that it was from Lloyd's, and was the property of the Times. My intention was to have called on you to-day, which I will do soon after 3 o'clock, to explain the mistake, and my regret that it should have occurred. Yours very truly, Fred. Cadogan")—I knew Mr. Cadogan personally—I saw Mr. Evans on the Monday, when the letter was brought to me; he showed it to me, and I read it, and made one or two very slight alterations for the purpose of rendering it more grammatical, but not altering the sense in any way; he showed me a letter written to him by the authorities of the Submarine Company, at the time he left their employment; it was in the nature of a testimonial, and he also showed me a book which he said contained memorandums of the transactions of the Submarine Telegraph Company when he was there; I did not read any of it, though he offered to read some extracts to me—a good deal of conversation passed between us on the subject—I asked him how it was that the letter had been so long delayed; he said that he had given it to his friend, Captain Thorn, on Saturday, to deliver—I said, "How came it in your possession again?"—he said that on his arrival in London, on Monday morning, he found the letter addressed to him by Captain Thorn, which very much surprised him—I asked him if he knew what had been done with the letter in the interval, because I did; he said that he did not, and I think I asked him if he would be very much surprised to learn that Mr. Cadogan had seen it; he seemed to me to be slightly embarrassed, and said that he should—I then told him that his friend, Captain Thorn, had in the interval taken the letter to Mr. Cadogan, and given him a copy of it; and that under those circumstances, until that conduct of his messenger was explained, the Times would have nothing to do with his letter—I do not know whether I put the question to him point-blank whether he authorised it being shown, but he most distinctly stated to me, that Captain Thorn had no authority from him to give the letter to Mr. Cadogan, or to anybody else; that he stated very distinctly, and he reiterated it several times.

MR. SERJEANT BALLANTINE. Q. Did he desire to have the letter published in the Times at that time? A. He did, and I objected that it had been in the hands of Thorn, and used in that manner—Mr. Cadogan had not before told me something about him, but I was well informed of every thing that had been done—I told him that the transaction was very suspicious, and if he wished publicity to be given to the letter, he should clear himself of the imputation that that letter had cast upon him; and I recommended him to go to Captain Thorn, or to write to him, and to obtain from him a very distinct statement in writing, that he had acted without instructions from him in going to Mr. Cadogan—he went away, stating that he had no doubt he should obtain it, and no further conversation took place at that time—I did not know either Thorn or Evans at the time of the conversation—I was acquainted with all the circumstances from Mr. Cadogan, and through other channels—what took place at Mr. Cadogan's did not reach me directly through him, but he communicated it to the person who communicated it to me, one of the gentlemen connected with our paper.

MR. SERJEANT PARRY. Q. Did you see Mr. Evans afterwards? A. Yes—he came and showed some letters to me on the following day—I have not got them—he read them to me—he showed me a letter, or copy of a letter, that he had written to Thorn, and a letter which Thorn had written to him in reply.

(The libel was here read, as follows:—"August 6th, 1857. To the Editor of the Times. Sir,—Having read with great care Sir James Carmichael's

letter in your paper of the 4th inst., and which I presume is intended as a complete answer to your article appearing, under the head of 'Money Market and City Intelligence,' on the 1st inst., I come forward, upon public grounds, to answer one part of the same, and will direct my attention to the sixth paragraph of Sir James's letter, which states, 'Of the cause of the delay of the messages to the East India House and Lord Clarendon, I as yet know nothing, and consequently (unlike the Times) will not hazard an opinion, or even a suspicion. But I do know that during the Crimean war, the submarine telegraph wires were not found at fault in their part of the important duty of conveying the messages of the British Government; and I may also venture to state that, since the establishment of our first telegraphic communication with France, no person in the service of this Company has hitherto been suspected of betraying the trust reposed in him by the public, nor has any message been either tampered with or delayed in any one of our offices, though, of course, we have been liable to our fair share of delays from accidental causes, for which we expected and received blame.' Now, Sir, I beg to say that I was superintendent of the instrument rooms of the Submarine Telegraph Company, at 30, Cornhill, from the 5th Nov., 1852, until I resigned my appointment, in July, 1854; that during the above period one of the directors of the said Company, viz., the Hon. Frederick Cadogan (now, I believe, the deputy chairman) was in the habit of visiting the instrument rooms, and waiting in the board room daily, say from 11 A. M. till 3 or 4 P. M., and I had special instructions from him to send up all messages of importance for his perusal; and, as a consequence, I can instance one particular despatch from Lord Stratford de Redcliffe to Lord Clarendon, dated Constantinople, Dec. 3rd, Vienna, 13th, and received by us vid Brussels, when, within half an hour after the message had been seen by the Hon. Frederick Cadogan, the funds fell half per cent. He suddenly quitted the office, and we almost directly received a message from Eversheim, London, to Jacqueman, Paris, touching this particular fall. There could be no possibility of these parties having obtained information only through us; and I am positive no clerk quitted the office during that time. That the said Hon Frederick Cadogan frequently looked at the contents of an Indian telegraph received from Austrian Lloyds, Trieste, addressed to the 'Times,' London, being forwarded to the Hon. Frederick Cadogan, at Brooks's club. Another time I remember forwarding the contents of a despatch to Mr. Seymour Clarke, by order of the Hon. Frederick Cadogan. Again, on the arrival of some important Continental news, there occurred a rise, or fall, in the funds (for the moment I cannot say which). The result was, that at about noon there was a rush to the office by the first stockbrokers of the day. The Hon. Frederick Cadogan, being in the instrument room, said, 'Well, Evans, are you busy?' I replied in the affirmative, whereupon the said Hon. Frederick Cadogan took up a batch of about twenty-five messages, lying by the side of the Paris instrument, for transmission, taking out from near the bottom a message from Rothschild, London, to Rothschild, Paris, which he placed on the top of the pile, requesting me to give it precedence, although all those which he desired me to jump over were upon the same description of business, and to the same place, viz., Paris. At the time, I told Mr. Cadogan that, all messages were sent in the order received at the counter, and that it was doing the public a great injustice; yet he desired me to do so, and I of course obeyed his commands, which can be proved if the Submarine Company will permit a reference to their file of forwarded messages, as the original message paper has a note of

mine in ink with regard to these facts, and I challenge the, Company to produce it. I have not stated a single fact in this letter but what I am in a position to prove by officers or servants who now are or have been in the Company's employ, and by reference to my diary of these circumstances I could add more, but for the present will be content with the foregoing statement, which I think, Sir, you will agree with me, completely answers the paragraph I have quoted from Sir James Carmichael's letter, and, I also think, will prove to the chairman and directors of the Submarine Telegraph Company and the public, that you do not 'hazard opinions based upon rumour only.' I in close here with the testimonials I received from the Company on resigning my appointment, and remain, Sir, your obedient servant, Thomas D. Evans, late superintendent of the Submarine Telegraph Company's instrument rooms, 30, Cornhill.")

The following Witnesses were called for the Defence.

DR. YOUNG. I am a physician, at Gravesend. I recollect attending Mr. Evans on 3rd Aug. last—he was confined to his bed on that day—I attended him occasionally, from that time until the 18th, not constantly—to the best of my recollection, he was in bed on 4th Aug.—I have here a memorandum which I made at the time—(referring to it)—on 3rd Aug. I visited Mr. Evans at night—on 4th Aug, he was in bed, by my wish and desire—I think possibly he was in London on the 5th; I am not certain of that—I saw him on the 5th, 6th, 7th, 9th, 11th, and 13th—on the 6th and 7th I believe he was still very ill—on the 9th I think he was better; he was still ill, but not confined to his bed.

Cross-examined by MR. SERJEANT BALLANTINE. Q. Are you quite sure that you saw him in bed on the 4th? A. Certainly—he could not have been in town on the 4th, I saw him morning and evening—he may have been in town on the 6th, but I saw him on that day; I think at his own house in the morning—I cannot say that he was not in town on the 6th.

MR. SERJEANT PARRY. Q. Neither can you say that he was? A. No—I believe he was not in bed when I saw him on the 6th, but he was still very ill; he was lying on the sofa—I believe he had diarrhoea, he was very ill indeed.

COURT. Q. What time did you see him on the 8th? A. I do not know—I saw him on the morning of the 7th—he may have been in town on both those days. (Adjourned.)

(New Court, Wednesday, Oct. 28. The Queen v. Evans and Thorn, continued.)

CHARLTON WOOLLASTON . I am an engineer, and reside near Derby. I was formerly connected with the Submarine Telegraph Company—I was in conjunction with the promoters, Messrs. Brett, and I acted with them in carrying out the Company—I am still engineer to the Company—I recollect the time that Evans was in their employment—I do not recollect the date of his engagement—I was a director in July, 1852, for six or eight weeks—I left the directorship in Sept.—I was very seldom in the instrument room where Evans was employed, but I was on some few occasions—I have seen Mr. Cadogan in that room—I was seldom there without seeing him there—I have seen him on more occasions than one, what I should call deliberately reading the messages over—I cannot fix the time, but I should say it was between July, 1852, and Nov., 1854, and on one occasion I saw him take a message from below others, and place it on the top of the messages to be sent—I saw the message, and can give the substance of it—I cannot fix the date; only by the subject, when certain negociations were

going on, and therefore I think it must have been Sept. or Oct., 1853 or 1854—I am now referring to a memorandum, nothing whatever to do with the message, but of the time when certain negociations were being carried on—I should say that it was between June and Oct, 1854—I did not see the person who brought it—I was in the Instrument room—my attention was merely attracted to the document in consequence of seeing it transposed—I believe Mr. Evans was in the room.

Q. Have yon any doubt about Evans being in the room at the time? A. I say I believe he was, I cannot say he was—I had so very little to do with Mr. Evans, but I believe he was superintendent of the room at the time, and present at the time—I do not recollect what time he left that night—I was not aware of his having left till some little time afterwards—(A notice to produce the message in question was here put in)—I know what the duty of a director is from having been one, and having been connected with the Company since—I should say that it certainly is not the duty of a director to interfere at all with the messages—I saw none of the other directors interfering with the messages at all while I was in the instrument room—I had never seen any of the directors interfering in the instrument room—I may perhaps have seen a director come in, but certainly not interfering, either transposing or otherwise, and I do not think I ever saw any other director read a message in the room—I have seen Mr. Cadogan come in and look at the messages, and go out very shortly, without transacting any business in the instrument room—I have not seen him go to a stock broker's while I have been in the instrument room, I could not, but I have seen him go to the stock broker's when I have been outside the instrument room, during Evans's employment and certainly more than once—I have seen him do it more than once in one day—I have seen him leave the instrument room door, and go into a stock broker's door twice in the same day, and I have seen him go into the instrument room, and then half an hour afterwards have seen him in the stock broker's.

Cross-examined by MR. SERJEANT BALLANTINE. Q. Then yon will be able to inform my friends, or those who are conducting the case; the name of the stock broker? A. Lowndes, Surgey, and Hankey, it is, I think, now; it was Lowndes, Surgey, and Bullen before—I do not know that I have told them that—they certainly have never asked me, but I do not know whether I have mentioned it—they had it in writing from me that I had seen Mr. Cadogan more than once come from there—I know the stock broker by sight—I saw him here yesterday—he was going to be subpœnaed here—I was told, in Mr. Evans's presence, that the stock broker was to be subpœnaed, either Lowndes, Surgey, for Hankey, and I saw one here yesterday, and I think I saw one going out this morning—I did hot follow him to his office—it is at No. 3, Exchange Buildings, perfectly within view of the telegraphic office—I am not in the habit of examining the messages, and reading them over and over again—I have read some, but I think my evidence said, to interfere with the messages—I certainly think it contrary to the duty of a director to read the messages—if a director reads a message in the instrument room, I conceive it is no harm—I should not consider it against his duty to read it—I do not think it is contrary to their duty to read the messages—I have not read them over and over again—I can swear that—I should say that I have not, certainly not—I must tell you that when I was a director, the instrument did not exist where it does, nor in London at all.

Q. But your eyes existed where they do, and I want to know whether

you used them to read the messages? A. I should say certainly not—I have read several—I should think a week has very possibly passed when I have never looked at one—I looked at them from curiosity—I looked at private messages while I was a director, because they were there—while I was a director I have read private messages out of curiosity, when they were before me—I read them for no purpose whatever.

Q. Did you read them from curiosity? A. I can only say that I read them with no object—I made use of the expression that I read them from curiosity, but it was without any object at all—I never was in the room, but without some other object than to see messages—I read them, because they were before me, and I may have read a few on several occasions—I volunteered to come here and give evidence—the first mention of it I heard was the day the trial was to come on—Mr. Cadogan and I have have never been friends in our lives—he did not order me out of the instrument room—I have been informed by Mr. Evans that Mr. Cadogan has on more occasions than one asked him, "What is he doing in the instrument room?"—I know that the general order is that no person should go in without the orders of the secretary—I did not apply for any order, it was not necessary; when my duty called me I went in—I have not avowed that my feeling towards Mr. Cadogan is a very angry one, nothing of the sort—I never recollect to have made use of such an expression as that I would punish him if I could, or serve him out—I will swear that I have not done so within the last twenty-four hours, or within the last week—you asked me if I did it, I say I have no recollection of it, and I believe I never have—I think I will go as far as to say I never have, that is my answer—I should say I have not said that I had a strong personal feeling against Mr. Cadogan—if I am to say what my feelings may be, I will—I will not swear that I have not said that I have a strong personal feeling against Mr. Cadogan, but I believe I never have.

MR. SERJEANT PARRY. Q. As regards the evidence you have given, have your personal feelings induced you to tell us that which is untrue at all? A. Not in the least—I am still one of the engineers of the Company, there are two—I have had no personal altercation with Mr. Cadogan—I first volunteered the information I have given, about a month since, the date that the trial was to have been—I communicated with Evans's solicitor, and said that I could give such and such evidence if it would be of any use—I do not know whether Mr. Lowndes or that firm are, still the stock broken of Mr. Cadogan—I have never been ordered out of the instrument room by Mr. Cadogan, or any other person—the only occasion when I can recollect when I have had business there was when the communication wires had been in some way deranged, and as engineer of the Company it has been my duty to see them rectified—I have never been in that instrument room in any other capacity but in the course of my duty—I have never transposed a message; it is contrary to French law, and to the charter and deed of settlement under which this Company is settled.

COURT. Q. If the messages between June and September were produced, could you point out the message in question? A. The date I am quite confident of, and I believe I could point it out—if the message was within those dates I certainly could—I will go as far as to say, that I believe I could find it between the beginning of July and the end of September—I perfectly well recollect the subject of it—I have not acted since the date which you are now speaking about, not since October, 1854—there never was any salary attached to the appointment—(The defendant Evans was here permitted

to search the file of messages for the message from Messrs. Rothschild, which was said to have been transposed.)

ALBERT DAIMOND EVANS . I am a brother of the defendant Evans, and am clerk in the Admiralty, at Somerset House. On Saturday, Aug. 8th, my brother and Mr. Thorn came there to me, between 3 and 4 o'clock—my brother showed me the letter the subject of this inquiry—this (produced) is it—it was in a sheet to the best of my recollection and belief, half a sheet of foolscap—this would make a sheet if it was put together, and I believe it is the letter; yes, it is—I had been in the employ of the Submarine Telegraph Company, from the opening of the first cable to France, and remained from Nov., 1851, till Jan., 1856, when I resigned my appointment—my brother and Mr. Thorn left about a quarter to 4 o'clock, as near as possible—I was appointed assistant superintendent at Liverpool—previous to that time I was clerk—during that time Mr. Cadogan was in the office daily—his not being there was quite an exception, unless he was out of town—he never remained long—I have known him come in and out of the instrument room three or four times in the course of the day—the messages that are transmitted are on the file, and those that are received are by the side of the instrument, in a heap, if there is any delay—if the clerk does not take quickly, or the wires are in bad order, there will be about twenty or thirty—if a message is received from Brussels or Paris, or any part of the world, it was the duty of my brother and myself to send that message off—Mr. Cadogan had no duty to perform in sending off messages, or. in their transmission from here elsewhere—I have seen him go to the messages during the time I have been acting as assistant superintendent, and have seen him take up the forwarded and received messages, and look most minutely through through them, reading the contents of nearly each—I have also seen him come and refer to the messages, and without saying a word, he would leave the room with his hat on, and his overcoat—I have seen him do that daily—I know of no matter of business relating to the Company that would render it necessary for Mr. Cadogan to do what I saw him do—it is no part of a director's duty; as in that case a superintendent would be unnecessary—I have never seen any other director do what I saw Mr. Cadogan do—he has given directions to me when leaving for the day; he has said, "Evans, if anything of importance arrives, send it to my house," meaning his private residence, and I have frequently done so; and during the day he has frequently said, "Evans, if anything of importance arrives, I shall be in the Board room"—the messages that I took were any that contained important news, whether addressed to the public, the government, or the press—any message that contained important news—I have made extracts from them in my own hand, and have sent them in an envelope to his own private residence—that was done by his instructions, distinctly—I have also seen him come in with his hat on, refer to the messages, and return immediately—he has frequently not given any orders—he did not say a word, but looked at the messages, and went out—when the House of Commons' Office was open, and communication was made to the Clubs, at Mr. Cadogan's wish, I was sent to the House of Commons, which was in connection with the Cornhill Office, and also with the Clubs—on one occasion Mr. Cadogan came in from the House of Commons in his wig and gown, into our telegraph office, and asked me to telegraph to Cornhill, and asked if there was any news—I remember a dispatch being received relating to news from the East—it was a Times dispatch, to the best of my knowledge—it was sent to Brooks's club by Mr. Cadogan's order—I recollect the circumstance well, from the word

"phases" being used in it—I thought it was "phrases," and Mr. Cadogan said, "No, no, 'phases' is correct"—I was also superintendent to the British and Submarine Telegraph Office at Dover—Mr. Cadogan came there once, I believe in passing to the continent—I cannot say that I have ever seen Mr. Cadogan move a message from the bottom to the top of the file—I have never seen any of the other directors deal with the messages in the way that Mr. Cadogan has—I have been nearly two years a clerk at Somerset House—I believe it is the practice of the Company to keep all the messages that are received; at all events for a certain number of years—if the file of messages of 3rd Feb., 1854, were produced, the numbers ought to be consecutive—there ought to be no gap—(Looking at the file) message 103 is not in it's place, if it is here; nor is 105, nor 114, nor 140, nor 147—these are forwarded messages received at the Circus Office, not at Cornhill—numbers 101 and 102 are here, and 103 should follow in the ordinary course; 104 is here—Mr. Thorn did not take any part in the discussion between me and my brother; in fact he was not present when my brother showed me the letter; he was six yards away—I anxiously looked in the Times of Monday for the letter.

Cross-examined by MR. ROBINSON. Q. I believe Thorn was apart; he was smoking a cigar, was not he? A. He was certainly apart; I cannot say that he was smoking.

MR. SERJEANT BALLANTINE. Q. You stated that you knew Mr. Cadogan for a considerable time; did you mean to convey to the Jury that you considered that Mr. Cadogan having examined the messages in the way you have stated was wrong? A. I do not certainly think he was right—I did not get the place I hold in the Admiralty from Mr. Cadogan, that I am aware of, certainly not—I am not aware that I applied to him, and that he recommended me to Mr. West, the secretary of the Admiralty, who got me the appointment—I did not apply to Mr. Cadogan to assist me to get the place—I told him that I was applying, because when I resigned my situation, he wrote a private letter through Mr. Courtenay—he said, "Are you aware that the situation you are applying for at the Admiralty is only that of an extra clerk, and that at any time you may be dismissed?"—I believe I replied that I did know it—I do not know how he came to interfere, and remind me that it was only an extra clerk's place—I did not know that Sir Charles Wood's secretary is Mr. Cadogan's cousin, till this moment; and Mr. West was not secretary when I got the appointment—I saw my brother last on Aug. 8th, when he left my office in the Admiralty, at a quarter to 4 o'clock, with Mr. Thorn—he looked exceedingly ill, and said that he was anxious to go home on account of being ill—I will swear that I did not hear from him afterwards, where he went to—I do not recollect that I asked him—I do not know that he went to Leicester Square, and do not know from him that he dined with a person named Van Bury—I know Van Bury, I saw him here yesterday—I have known him as long as I can recollect—he keeps an hotel or tavern opposite Drury Lane Theatre—I do not know whether it is the Prince of Wales—I have never known Thorn intimately, but casually, to say, "How do you do?"—I have known him about eighteen months, perhaps—I had nothing whatever to do with him at Marylebone police Court—his name is Henry James Thorn—I was not summoned with him—I have heard of this before—I was never at a police Court in my life—I have seen Thorn sometimes with my brother, but not often—I know nothing whatever of his pecuniary engagements—I have nothing to do in pecuniary matters with my brother—there were not eight piles of messages at the office—there were not two piles for each instrument—there

were only the piles of messages at the time I spoke of—they are divided into the received and the 'forwarded—there were only two instruments at the time I speak of—there were three or four instruments when I left.

MR. SERJEANT PARRY. Q. Is there the slightest pretence for saying that you were charged with an offence at a police Court, or elsewhere? A. Never in ray life.

THOMAS MARK . I was in the employment of the Submarine Telegraph Company from the beginning of Dec. or Nov., 1852, till Oct, 1853—I am now employed at the telegraphic office at Gravesend—that was in communication with this Company—I am not quite certain whether I remained in the employ of the Submarine, or whether I was a European servant—I was employed in the instrument room as instrument clerk—I knew Mr. Cadogan, one of the directors, and now the vice-chairman—I remember his coming into the instrument room—he used to come in sometimes twice or three times a day—other directors came in, but I did not notice whether they came in as often—I have seen the clip of messages handed to Mr. Cadogan by Mr. Evans, and he has taken them, and turned them over, and appeared to read them—at that time messages containing news were coming into the office from the Continent every quarter of an hour—when he came into the office in that way, I think I may say that he generally looked at the messages—supposing this was a pile of messages by the side of the instrument ready for transmission, they would lie face uppermost, to take their turn, and he would lift them up, and turn them over like this, and appear to read them—I have not seen him at any time come in a hurried manner into the instrument room—I have not taken notice.

Cross-examined by MR. SERJEANT BALLANTINE. Q. Were some messages from Brussels, some from Paris, some from Germany, and some from France, or would they be English messages? A. No; the Brussels line was not open at that time—I think, the one at the Circus, in London, was open—I cannot remember whether the messages would have to be distinguished—I am in the employ of the Magnetic Telegraph Company now—I was passed away from one Company to the other—I believe I am now in the service of the Company, of which Mr. Cadogan. is a director.

MR. SERJEANT PARRY. Q. Did Mr. Evans make any communication to you, and when, as to the publishing any letter in the Times? A. The first time I had any idea of it was having to receive the message—the servant: brought it down from Mr. Evans's house, at Gravesend, for me to forward to London, for this particular trial which is on now—I think it was on 4th Aug.—besides receiving the message, I saw Mr. Evans on 4th Aug., and be made a communication to me about publishing a letter in the Times—I am not sure; I think it was on Tuesday, 4th Aug.; but on the 6th there was another communication in the afternoon.

MR. SERJEANT BALLANTINE. Q. Do you mean that there was a telegraphic message sent to your office relating to the letter that Evans was about to publish in the Times? A. No; it was saying that if Mr. Morriss, or somebody else, would meet him at the Times office, he could give a direct explanation to Sir James Carmichael's reply—I do not think that was put among the other messages which would be examined by Mr. Cadogan, because I think Mr. Cadogan did not go to No. 72, OW Broad-street, so much as he did to Cornhill—that message would be known to some of the persons in the employment.

MR. SEBJEANT PARRY . Q. Was it a message from Gravesend? A. was so informed; he could send it.

RICHARD HUGHES . I am a clerk in the secretary's office of the South Eastern Railway Company. From July, 1853, to Aug., 1854, I was in the service of the Submarine Telegraph Company, Cornhill—I was clerk and writer to the Brussels and Paris instrument—when I left that situation, I went the next day to the one I now fill—I know Mr. Cadogan by sight as a director—I have seen him come into the instrument room—when he has been in town he has come in mostly every day, and two or three times a day—he used to walk into the office, take up the file of messages and look at them—he held them in his hand long enough to read them—he generally did so—he had nothing to do with the transmission or receipt of messages—there was a regular set of clerks and a superintendent, who attended to what was done in the instrument room—Mr. Cadogan had no business to interfere with the messages that I am aware of—I cannot remember that I have ever seen him come into the office, read the messages, and go out, without saying anything.

Cross-examined by MR. SERJEANT BALLANTINE. Q. You are not now in the employ of the Company? A. No; I left in Aug., 1854—there were two rooms, and I think there were three instruments in one, and three in the other—they did not keep the messages by the side of the instruments—they would prepare a file of all foreign messages forwarded, and all foreign messages received—they only used to keep piles of messages in the office, not files—the messages received would be placed at the bottom—Evans has not come to the Electric Telegraph Office since he left while I was a clerk there—he never made any application about messages—I never saw him after I left—I had a brother in the employment—he is not there now.

JOHN WATKINS BRETT . I am a director of this Company—it is not the duty of a director to be continually examining received and forwarded messages; I should say that it might be necessary at times—I am not able to limit what Mr. Cadogan might consider his duty, but I should not think it necessary on my own part to go two or three times a day into the instrument room to examine the messages—I was not in the habit of doing that—I understand that a great many of the clerks in the employment of our office are here, nearly the whole of them—the clerks to be appointed are generally brought before the Board after their character has been inquired into—it is the appointment of the Board with regard to the general clerks, and no clerk is admitted without the subject being brought before the Board—I cannot remember any particular complaint by Mr. Evans about Mr. Cadogan—I have a recollection of his making a remark in the office—I have no recollection of Evans complaining about it in Mr. Cadogan's presence—I reside in Hanover Square—I remember Evans calling on me there a long time since—I do not remember his bringing the order book—I recollect a matter being brought before the Board, in Mr. Cadogan's presence, relating to Evans's dismissal—I have not the slightest recollection whether anything was said at that time by Evans, in Mr. Cadogan's presence, about his dealing with messages—transposing any message from the bottom to the top is quite contrary to the rule—I did not hear of his transposing a message of Rothschild's until this inquiry.

Cross-examined by MR. SERJEANT BALLANTINE. Q. I suppose there might be a particular message of great importance, to which he would give precedence? A. It might be done, if it was thought not to injure the business,

and not contrary to the good faith of the Company, or affecting the public—Evans complained, at the period of his dismissal, that he thought he was treated harshly by Mr. Cadogan; I thought it referred to Mr. Cadogan—I had a very good opinion of Evans, as a very faithful servant—I cannot bring it to my mind that I ever remonstrated with Mr. Cadogan on his going into the instrument room—I have no other duties than those of a director, and when I am in England I am generally there, and for the first two or three years I was a great deal there—I am assisting in carrying out the Mediterranean telegraph, in connection with the electric telegraph—during the early part of the business, Mr. Cadogan and Sir James Carmichael certainly worked very hard, and were daily at the office in many instances.

MR. SERJEANT PARRY. Q. You say that Evans complained of Mr. Cadogan having ill-treated him; was that to the Board? A. There was something took place at the Board—from having heard it in Court, I have tried to bring an instance to my mind of Evans complaining of Mr. Cadogan having come too frequently into the instrument room, and have not been able.

SEYMOUR CLARK . I do not know Mr. Cadogan.

WILLIAM WEST . I was formerly in the employment of the Submarine Telegraph Company; I left on 11th July last—I entered the Company in 1853, as messenger; I was afterwards employed on the line, and since that I have been assistant porter about six months—I have often seen Mr. Cadogan come into the instrument room—in 1852 the instrument room was altered from where it is now; there was a long passage to it, and it was my duty to take messages along that passage, and I have seen him go into the room often—I have seen him read the messages, I may say several times, but being a messenger I had not the opportunity always—I was not employed in the instrument room, and was very seldom in there, but it was my duty to be there to take messages—I have taken messages up to Mr. Cadogan's private house frequently, but I took parcels principally, which were left at the office, but I have taken messages and notes—I have seen Mr. Cadogan there, lately, as late as 12 o'clock at night.

Cross-examined by MR. SERJEANT BALLANTINE. Q. Do you recollect the night service being opened? A. Yes—it was in March or the beginning of May that I saw Mr. Cadogan there at 12 o'clock at night—in Jan., 1854, the office was open at night for anybody to receive messages, and I was there to take them; it was in May—I never saw Mr. Cadogan in the earlier part, but I heard he was there.

FRANCIS EDWARDS . I am one of the directors of the Submarine Telegraph Company—I am not solicitor to the Company; I am a solicitor—I take no active part, I am a sleeping partner in London and Bristol—I have not given any evidence to the attorney for the defence, I have merely received a subpœna—from 1852-to 1854, I scarcely missed a Board meeting—I went into the instrument room very seldom indeed, not once in six months—I never on any occasion read the forwarded and received messages—no complaint has been made to me of Mr. Cadogan dealing with the messages under any circumstances—I know that he was in the habit of going into the room, but not so frequently; I had no means of knowing it—he never stated at any of the Board meetings that he was constantly in the habit of reading the messages—I should say that it would be unquestionably wrong to transpose a message, and give priority to it, except under some very extraordinary circumstances—the proper judge of that would be, I suppose, under ordinary circumstances, the Superintendent, the Chairman,

or the deputy chairman—if a message was transposed, it would be known in the Superintendent's office—I never until yesterday heard of a message of Rothschild's being transposed by Mr. Cadogan.

MR. WETTENHALL. On 13th Dec, 1853, the funds fell three-eighths per cent., and about the same on the 14th (looking at a book).

Cross-examined by MR. SERJEANT BALLANTINE. Q. Then the first fall was on the 13th, was it? A. Yes, there was three-eighths per cent, fluctuation each day, I mean a fall—95 5/8 was the highest price, to 95 1/8; that is half per cent, fluctuation—the closing price on the 28th was 94 3/8—they opened on the 13th at 94 ¾, and closed at 94 ¾.

MR. SERJEANT PARRY. Q. I suppose the fall was intermediate between the opening and the close? A. No, they opened at 94 ¾, and closed at the same—94 ¾ was the lowest price on the 13th, and on the 14th they went to 94 1/2, that is, a quarter per cent lower, and closed at 94 ¾, which was the same again.

COURT. Q. I understand you that there was a fall of three-eighths on the 13th, and again on the 14th? A. The closing price on the 13th was 95 ¾, and on the 14th 94 ¾—the fall on the 13th was maintained on the 14th.

GUILTY .— Confined Twelve Months each.

NEW COURT.—Tuesday, October 27th, 1857.

PRESENT—Sir HENRY MUGGERIDGE ., Knt., Ald.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18571026-1008

1008. RICHARD WOOD (16), Unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1009

1009. WILLIAM DAVIES (37) was indicted for a like offence: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1010

1010. ELIZABETH BAKER (22) was indicted for a like offence: to which she

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1011

1011. MARY ANN SMITH (18) was indicted for a like offence: to which she

PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18571026-1012

1012. HANNAH BRYANT (37) and HANNAH BRYAN (45) alias Ann Thomas , were indicted for a like offence: to which

BRYANT PLEADED GUILTY .— Confined Eighteen Months.

BRYAN PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18571026-1013

1013. JAMES MILNE (19) and JOSEPH SERGEANT (50) were indicted for a like offence.

MILNE PLEADED GUILTY . to this indictment and also to having been before convicted.— Four Tears Penal Servitude.

MESSRS. ELLIS, JUN., and CLERK. conducted the Prosecution.

LEWIS DENNIS . I live at Little Missenden, in Buckinghamshire, and am a fruit dealer; when I come to London I am at a stand in Covent Garden Market On 17th Sept., about half past 7 o'clock in the morning, I was there, and the prisoner Sergeant came first, about half past 7 o'clock—I served him with a flat of blackberries for 3s.—he gave me a half crown, and said he would fetch a basket and bring the other 6d.—he went away, and did

not return—directly he was gone Milne came up, and purchased a parcel of sloes for 1s.—he gave me a half crown, I gave him 1s. 6d. change, and he passed on towards the market—I saw no one with him—the porter who was standing close by me when Sergeant gave me the half crown said, "You, have got a bad half crown "—Gould, the beadle, was close by, and I gave both the half crowns to him—I took no other half crowns that morning but the two I took of the two prisoners.

Cross-examined by MR. RIBTON. Q. Did you sell many blackberries on that morning? A. Yes, about twenty flats; some at 3s. apiece, some I made more of—I might have sold half a dozen before the one I sold to Sergeant—I had been paid in shillings, two shilling pieces, and sixpences—I had put my money into my bag—I had no other bad money amongst what I had received that morning—I showed the beadle my bag—I do not believe I had put the half crowns into the bag; I cannot swear whether I had—when I gave the half crowns to the beadle, I showed him the bag with the money in it—I did not see Sergeant again till he was at the police court—there was not a crowd about—it was just opposite the road at Bow Street—there were a great many stands of persons who sell blackberries and other fruit—I saw a great many persons like the prisoner baying fruit—I believe I sold some for half a crown—I believe I asked the prisoner 4s. for it; he offered me 3s.—I had lost sight of Sergeant completely when Milne came up—several customers came up, and I was looking after them, not at the customer that was gone.

PHILIP KAUFFMAN . I am a porter in Covent Garden Market I was there on the morning of 17th Sept I saw both the prisoners; I saw Milne first, about half past 7 or a quarter to 8 o'clock—I saw him buy half a flat of sloes of Mr. Dennis; he paid him a half, crown—I was near enough to see it, and it was bad—I did not see Sergeant at that time; I saw the prisoners both together afterwards—after Milne had bought the sloes he went across the line—I did not see him join Sergeant—I saw Sergeant come back from the crossing where Milne went down—the first purchase was of the sloes by Milne, and when he left I saw Sergeant come across and buy the flat of blackberries—I saw him pay for them with a half crown—I noticed the half crown, and it was bad—after Sergeant had bought the blackberries, he went away across the road towards Milne—I did not take notice whether they went close together—I went and told the beadle.

COURT. Q. While Sergeant was buying the blackberries, where was Milne? A. In the crossing, seven or eight yards off, where the people go up and down the market.

MR. ELLIS. Q. Did you go with the constable? A. Yes, and found Sergeant and Milne and two or three women together—(I had never seen the prisoners together before; I have seen Sergeant in the market)—one went one way, the other the other—Sergeant was taken into custody, and Milne went towards Little Russell Street—I and Gould ran after him, and caught him in Lincoln Court.

Cross-examined. Q. You say that Milne came first, and bought some sloes? A. Yes—there were a great many persons about—I was with the constable when he apprehended Sergeant—I told him to take him; he was coming towards Dennis's stand, and Milne was going away—I did not hear Sergeant say he had been trying to get a basket to take his fruit—I did not hear the constable say anything to him; I was on the opposite side—Milne ran away—on the morning when blackberries are sold, a great many men like the prisoners are in the market—those people buy and sell again—bad

money sometimes gets into circulation in Covent Garden Market—there is a good deal about; I never got any but once, a 2s. piece; I found it out before the woman went away—she was taken, and tried here—the 2s. piece did not deceive me; I saw it was bad before I shot the apples.

WILLIAM GOULD . I am beadle of Covent Garden Market I was on duty on the morning of 17th Sept; the last witness came and spoke to me, and from what he said I went to Dennis's stand—he gave me two half crowns out of his pocket; I examined them, they were both bad—these are them—I went to Little Russell Street, Covent Garden, with the last witness, and saw Sergeant and Milne standing close together with two woman—they separated, and Milne went towards Drury Lane—Sergeant came towards the market, and was taken into custody by a sergeant of policeMilne went towards Drury Lane, I followed him, and was a few yards behind—he turned when he got to the corner of Little Russell Street; he saw me coming, and ran away; I ran after him, and overtook him at the bottom of Lincoln Court—I took from his mouth a half crown and two counterfeit shillings—these are them—the two shillings were wrapped in paper, one on each side of the half crown—I took him to the station, and found on him 7s. 6d. in silver and 3d. in copper, which was given up to him.

Cross-examined. Q. When you first came up, did not you see Sergeant and two women coming towards the market, and Milne about twenty yards off, going in an opposite direction? A. No; when I followed Milne he was twenty yards off, but when we came up first, Kauffman said, "There they are," and there were the two prisoners and two women—it was on the pavement I saw them—Sergeant was coming towards the market—Dennis told me that Sergeant had left his fruit, and was coming to pay for it.

JAMES HASPINALL . (Police sergeant, F 1). I took Sergeant into custody on 17th Sept., at 8 o'clock in the morning—I took him to Bow Street station, and asked him if he knew what he was charged with—he said, "No"—I told him he was charged with passing a bad half crown to a man in Covent Garden Market—he said that he had bought a flat of blackberries for 3s., and had given him a half crown, and was to give him 6d. when he fetched the blackberries, and he was going back to give him the 6d.—I found on him two good 3d. pieces, which he stated he was going to give the man for the blackberries.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These two half crowns are bad, and from the same mould—these three pieces taken from the mouth of Milne are all bad, and the half crown is from the same mould as the other two.

SERGEANT— NOT GUILTY .

Reference Number: t18571026-1014

1014. WILLIAM RICHARDSON (42) was indicted for a like offence.

MESSRS. ELLIS, JUN., and LAXTON. conducted the Prosecution.

JUDITH CUMBERPATCH . I am the wife of George Cumberpateh, of No. 5, Lower Grosvenor Place, Eaton Square. On 9th Oct I had some apartments to let, and a notice to that effect was in the window—on Friday, 9th Oct., I saw the prisoner in the passage—he had been let in by the servant—he asked if I had apartments to let—I told him yes, the ground floor—he asked me what the rent was—I told him a guinea a week—I asked whether he wanted them for himself—he said for himself and his wife, and that his wife should come in the evening, or on Monday, and make an arrangement with me—he agreed to take the rooms, and wished to leave a deposit on them to secure them, till his wife had seen them—he asked me

out his sovereign, and laid it on the counter—I swept the silver into my if I had got any change—I told him no, I had not, but I would lend out for change—he told me no, he did not want that, had not I got any change—my servant called out that she had got 6s., and she brought it up to me, and gave it me, and I gave it to the prisoner—he said he would accept that, and he gave me a half sovereign which he took from his purse, and there was one more piece of gold in it—he then went away—after he waft gone I found that the half sovereign was bad, and followed the prisoner, and found him going up the yard of a house in Ranelagh Street, where there was a card in the window—I said to him, "I beg your pardon, sir, but the money you gave me is bad"—he said, "No, it is not"—I said, "Yes, it is"—he said, "If it is, give it me back"—I said, "No, I shall not"—he then caught hold of my shawl, and threw me back in the yard—I did not fall flat, but he pushed me back, and ran away—I called out, "Police I"—a policeman came—I told him—the prisoner was still in sight, just Crossing—I held the half sovereign in my hand the whole time, and gave it to the constable—the prisoner was brought back—I followed him to the station—he is the same person, I am quite sure.

Cross-examined by MR. PAYNE. Q. Between tile time of his offering to leave a deposit and his stating about his wife calling, had you not asked for a reference? A. Yes, and after that he said ha would leave a deposit—he was not ten minutes in the place—I am quite sure he is the person—it was not five minutes after the man left my house that I saw him stop at another house, in Upper Ranelagh Street—I saw him up the steps—I went into the garden to him—I had never seen him before.

WILLIAM SPEAR . (Policeman, B 254) I was in Ranelagh Street on 9th Oct; something was said to me by the last witness, and I pursued the prisoner—he was running away in the direction of Chester Square, and I saw him throw something away with his right hand—it was either a half sovereign or a sovereign; it glistened like gold—I afterwards searched, but I did not-find it—I was about twenty yards from him when he threw it—he was in the road, about two yards from the railings—I caught him at last, and told him he was charged with passing had money, and must come back with me—I took him back to the last witness in Ranelagh Street—another constable had come up to her just as I was bringing the prisoner back—he had a penknife in his hand, and was marking the half sovereign—the prisoner made a grab at it with his left hand, and it fell down in the road—the constable who had marked it picked it up—the last witness charged the prisoner with passing the bad half sovereign—he made no reply—I took him to the station, searched him, and found on him this purse, with two half crowns, one shilling, and a medal, but no gold—I told the inspector, before the prisoner, that I had seen him throw away something, and the inspector sent me back to see for it—I said I saw the prisoner throw away a half sovereign or a sovereign.

Cross-examined Q. Was not the prisoner five or six yards from the railing when he threw something away? A. About two yards; I cannot say exactly—I will not swear he was not five or six yards from the rails—I was about twenty yards off.

JUDITH CUMBERPATCH . re-examined. This purse appears like the one the prisoner had—the change I gave him was two half crowns and one shilling.

JOHN DILLON . (Policeman, B 81) On Friday, 9th Oct, I saw the last witness in Upper Ranelagh Street; she gave me a half sovereign—I marked it with a penknife, and while I was marking it the prisoner came up—he

snatched at it, and pulled the knife across my finger—the half sovereign fell on the ground; I picked it up, and produce it.

WILLIAM WEBSTER . This half sovereign is bad.

GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1015

1015. ALEXANDER HOLLYFIELD (22) and JOHN LOVE DAY (19) were indicted for a like offence: to which

HOLLYFIELD PLEADED GUILTY .— Confined Twelve Months.

MESSES. ELLIS, JUN ., and LAXTON. conducted the Prosecution.

JOHN CLAYTON . I am a general dealer, and live in Three Colt Court, Worship Street I know Mr. Mudie's shop—about half past 3 o'clock on 9th Oct. I saw several persons come there, and I saw Loveday looking in at the window—Hollyfield was inside the shop—Mr. Mudie had a bad 2s. piece in his hand, and was showing it to Hollyfield—Hollyfield came out, and joined Loveday, and they went away together to the corner of King Street about twelve yards from the shop—they went towards Long Alley—I have known Loveday two or three years—I am quite positive he is the person who was at the window—when I went over to the window, he walked away about twenty yards from the shop, and walked back again—he was four or five yards away from the window when Hollyfield came out Loveday. He did not see me; when I was in Worship Street, he came to me, and said that a policeman was after me, and gave me a bit of card with the policeman's number. Witness. I am sure he is the person—I did not say that a policeman was after him—I did not give him a bit of card with the policeman's number—I watched him from Worship Street to near Spitalfields Market, and when I got there, there were several of his pals, who threatened to knock my brains out—that was after Hollyfield was remanded.

EDITH MUDIE . I keep a baker's shop in Wilson Street, Finsbury. On 9th Oct, about half past 3 o'clock in the afternoon, Hollyfield came in, and asked for a 2d. loaf—he gave me a 2s. piece; I examined it, and told him it was bad—I called my husband, and he said it was a rank bad one—I weighed it in his presence against a good one, and rather than it should be passed to any other person I took my rasp, and chopped it in two—I gave it to the prisoner, and he left the shop with the pieces—he left the loaf.

CHARLES HENRY DRING . I am a grocer, and live in Long Alley, Finsbury. On Friday, 9th Oct, Hollyfield came to my shop about 2 o'clock for some tea and sugar, which came to 4 1/2 d.—he gave me a 2s. piece—I gave him change, and put it into the till—I think I gave him 1s. 6d. and 1 1/2 d.; I am certain I gave him some silver—he went away—the next morning there was a bad 2s. piece; I cannot say whether it was the one he gave me—Loveday came in about half an hour after Hollyfield for an ounce of tea and a quarter of a pound of sugar; they came to 4 1/2 d.—he gave me a half crown; I gave him change, and he went away—after he was gone, I looked at the half crown, and took it over to my father—it was bad—I gave it to the constable when he came to take Hollyfield—I had kept it separate from other money—I marked it—I should know it again.

Loveday. I never was in the shop; I know nothing about it.

GEORGE JAMES MORTON . (Policeman, G 84). I took Hollyfield on 9th Oct, at No. 118, Long Alley—this crown was given to me by Mr. Dring—I got this half crown at the station.

COURT. to CHARLES HENRY DRINO. Q. Did you give this crown to the constable? A. Yes—it was given to me by Holly field on 9th Oct.—he came again between 5 and 6 o'clock, for an ounce of tea and a quarter pound of sugar, and the same quantities again; they came to 4 1/2 d.—he gave me a bad 5s. piece—I told him it was bad, and I must detain him—he crouched down, and tried to get away; I caught hold of his wrist, and detained him, sent for a policeman, and gave him into custody, with the crown.

JOSEPH BALL . (Policeman, G 99). On 14th Oct. I took Loveday—I charged him with passing a bad half crown to Mr. Dring—he said that he was not guilty of tendering it to Mr. Dring, but if he got into a mess he should bring some of his associates into it.

WILLIAM WEBSTER . This 5s. piece and half crown are both bad.

LOVEDAY— GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1016

1016. JAMES DAY (19) was indicted for stealing, whilst employed under the Post Office, a post letter containing money and stamps; the property of the Postmaster General: to which he

PLEADED GUILTY .— Five Years Penal Servitude.

Reference Number: t18571026-1017

1017. JAMES BROOKS (25), GEORGE COOPER (23), and SAMUEL KNIGHT (30), Unlawfully uttering counterfeit coin: to which

KNIGHT PLEADED GUILTY .— Confined Nine Months.

MESSRS. ELLIS, JUN., and LAXTON. conducted the Prosecution.

EDWIN BAINBRIDGE . I am barman at the Fortune of War, at Camden Town. On Tuesday, 15th Sept, I observed the prisoners sitting together at a table outside our house—there was no one else there—Knight came into the house—he called for a pot of half and half, and gave a bad shilling—I bit it, told him it was bad, and gave it him back—he said he did not know where he got it—he put it into his porte-monnaie, and went away—he took the beer outside, and joined the other two prisoners, who were at the same place—one of them gave him a sixpence, and he came in and paid for the half and half—they sat at the table, and all drank together—I spoke to my master—after the prisoners had drunk their half and half, they went away together, and my master followed them.

FREDERICK MOSELY . I am the landlord of the Fortune of War. On 15th Sept I saw Knight in my house—the other two prisoners sat outside—my servant said something to me, and I followed them all three down the King's Road—one of them went into Mr. Smith's, a baker's shop—I saw him come out, and join the other two, and I went in and asked what he had given—I examined a groat, and it was bad—I came out and followed the prisoners—I saw one of them come out from Mr. Betts's shop, and he went and joined the other two—Mr. Smith pointed the prisoners out to the constable—I did not see them taken—I went to the station afterwards.

ANNA MARIA SMITH . I am the wife of William Smith, a baker. On 15th Sept the prisoner Brooks came into my shop, about 20 minutes before 6 o'clock—he asked for a penny loaf—he gave me a groat—I gave him change, and put the groat into the till—there was no other groat there, I am quite sure—Brooks left, and went down the road—Mr. Mosely came in, and my husband went to the till and took the groat out—there was no other groat there—it was the one that Brooks gave me.

WILLIAM SMITH . I examined the groat, in consequence of what was said to me—it was bad—Mr. Mosely was in the shop—there was no other groat

in the till—I put it into my waistcoat pocket, and Mr. Mosely and I fol. lowed the three prisoners, and they were taken into custody—I did sot see them taken; I saw them in custody afterwards—I gave the groat to the inspector.

ELIZABETH BEITS . I am a widow, and live in Cook's Terrace. On 15th Sept Cooper came into my shop, about 10 minutes before 6 o'clock—he bought half an ounce of tobacco—it cams to 1 1/2 d.—he gave me a 4d. piece, and I gave him change—Mr. Mosely came in, and I went to the till, and took the groat out—I gave it to Mr. Mosely—there was no other silver in the till—Mr. Mosely gave me the groat back, and told me to mark it—I marked it, and gave it the policeman—this is it.

JOSEPH WEST . (Policeman, S 307). On 15th Sept. I saw the prisoners in Old St. Pancras Road together, about 100 yards from Mrs. Betts's shop—I followed them, and took them into custody—I found on Brooks two sixpences, two 4d. pieces, and 2 1/2 d., all good—on Cooper one penny, good, and a tobacco box, with some tobacco in it—Mrs. Betts gave me this 4d. piece.

DAVID ROBERTS . (Policeman, S 90). I assisted West in taking the prisoners to the station—Knight seemed very uneasy in going along, and when he got to the station I saw him drop this paper, containing two counterfeit shillings—I found on him this porte-monnaie, containing two sixpences and 3d. worth of halfpence, all good—I told Knight he was charged with passing bad money—he said he had not insulted any one.

WILLIAM WEBSTER . These two 4d. pieces are bad, and from the same mould—these shillings are bad, and from the same mould.

Brooks's Defence, Knight gave me a 4d. piece, and told me to go and get a loaf; I did so, and offered it to Knight; he told me I might have it; I gave him the 3d. out of the 4d. piece.

Cooper's Defence. I came out with Brooks, and we met Knight, who asked us to nave something to drink, and he gave me a 4d. piece; I went into a shop, and got some tobacco—he took the 2 1/2 d.; we went on, and the constable was sent after us; I did not know whether the 4d. piece was bad or not.

BROOKS— GUILTY .

COOPER— GUILTY .

confined Nine Months.

Reference Number: t18571026-1018

1018. FREDERICK WILLIAMS (22) was indicted for a like offence.

MESSRS. ELLIS, JUN., and LAXTOX. conducted the Prosecution.

MARTHA FOSTER . My husband keeps the Earl Grey, in North Road, Hoxton. On 15th Oct. the prisoner came, with another man, between 6 and half past 6 o'clock—the other man called for a glass of bitter ale; it came to 2d.—the prisoner asked for a glass of half and half, which came to 1 1/2 d.—they were 3 1/2 d. together—the prisoner tendered, in payment, a good sovereign; I put it into the till, and took out a half sovereign, which I rang on the counter, three half crowns, and two shillings, making 19s. 6d.—immediately I put it on the counter, the prisoner put his hand over it—I am quite sure that the half sovereign which I gave out was a good one—the prisoner got the change with his right hand, and his left hand was on the counter at the same time—I looked rather hard at him, and he lifted up his hand, and said, "Here is only 19s. 6d. "—I said, "No"—he had not the money in his hand, it was lying on the counter—I said, "I have some halfpence to give you"—the other man said, "Are you changing a sovereign? I have coppers enough;" and the other man paid me 3 1/2 d. in coppers—I said to the prisoner, "You don't want your change now"—he said, "No, not now my friend has paid"—I opened my till again, and took out his sovereign, and laid it on the counter—I swept the silver into my

hand, and put it into the till—I picked up the half sovereign, and it seemed brighter and lighter than the one I had put down; I rang it on the lover counter, and said, "This is not the half sovereign I put down, I you have changed it"—I am positive it was not the one I gave him—he put his hand towards his mouth, and I said, "You are swallowing it"—he said, "I have not touched your change"—whether he said that before he put his hand to his mouth or not, I cannot say—I called my husband, who was on the other side of the partition—immediately I charged the prisoner with changing the half sovereign, the other man rushed out, and went away—when I said the prisoner was swallowing the half sovereign, he said, "It is impossible, I cannot do it," or something to that purpose—he reached across to attempt to take the sovereign, but I detained it—when my husband came, I stated what I have to you, and the prisoner said, "This lady must be mistaken, I have not touched her change, I will call my friend to prove it," and he made a dart to the door for that purpose.

Cross-examined by MR. SHARPE. Q. Did you ever say before that the prisoner made a dart to the door? A. Yes, or he moved to the door, which is the same thing—he made a sharp step to the small door in the partition—I just interposed between him and the door—the bar is open over the top—they come right into the bar from the front door—very likely somebody had been in just before the prisoner—they had not paid a half sovereign—I do not recollect that I had received a sovereign through the day; I will not swear it—I took my own good half sovereign out of the till—when I was sweeping the silver into the till, I took up the half sovereign—I did not sweep that into the till, I am sure—before I rang it, I was sure it was not the same—I had not some doubt about it—it was brighter and lighter than the good one—I do not know exactly why I rang it—he did not get the sovereign; I caught hold of his hand, and held him with both my hands—the policeman came in; I gave him in charge—he took a piece of tobacco, and said, "This is what you saw me put into my mouth, "but that piece of tobacco was quite dry—I was there the whole time—I went to the station, and gave the charge—the prisoner either swallowed the half sovereign or passed if to that other man—it is my opinion that he swallowed it—I said before the Magistrate that I suspected he swallowed it—he might have passed it to the other man as he passed by.

COURT. Q. Was any other half sovereign in the till? A. Yes, one half sovereign and the good sovereign.

ROBERT FOSTER . I am husband of the last witness. On 15th Oct I was called into the bar, and saw the prisoner there—my wife accused him of ringing the changes with the half sovereign—she said, "This is not the half sovereign I gave you, you have rung the changes"—she gave me a bad half sovereign—I gave the prisoner into custody, and gave the bad half sovereign to the policeman—I marked it by his request—I gave the good sovereign to the constable.

Cross-examined Q. How soon afterwards did the officer come? A. In seven or eight minutes—the half sovereign and the good sovereign were in my hand.

PETER LUGG . (Policeman, 199). On 15th Oct I took the prisoner about half past 6 o'clock in the evening—I received a counterfeit half overeign and a good sovereign from Mr. Foster—when I took the prisoner, Mrs. Foster said, "I think he has swallowed a good half sovereign, I saw him put his hand to his mouth"—the prisoner showed a bit of tobacco in his hand, and said, "This is what you saw me put into my month," but it

appeared to be dry—I searched him at the station, but found nothing on him—when the inspector took the charge, he asked him hit address—he said he had no fixed residence in London, that he was a tailor or a tailor's assistant.

Cross-examined Q. Were there any means taken to find the half sovereign? A. No.

WILLIAM WEBSTER . This half sovereign is bad.

GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1019

1019. BENJAMIN HARPER (52) was indicted for unlawfully having counterfeit coin in his possession.

MESSRS. T. ATKINSON. and LAXTON. conducted the Prosecution.

EDWARD DARTER . I live in Paul's Head Yard, Westminster. On 21st Sept. I was acting as clerk at the Charing Cross railway station—the prisoner came there between 12 and 1 o'clock; he gave me a parcel, and asked me if we booked for Nottingham—I said, "Yes," and asked him 2d. for booking the parcel—he said, "Is it all right?"—I said, "Yes," and he left the parcel with me—I marked it "No, 2," and booked it in the usual way—this is the parcel; here is my mark on it now—about half past 2 o'clock the same day this parcel was shown to me by a police constable; it was in the same condition in which the prisoner gave it me, sealed and tied up—I know it by the writing on it—I saw the prisoner at the time, and said to the officer, "That is the man that brought the parcel"—the prisoner replied, "I did bring a parcel, I don't know whether it was that or any other."

Cross-examined by MR. SLEIGH. Q. Is your's a regular booking office for all parts of the kingdom? A. Yes—the prisoner came in the day time between 11 and half past 1 o'clock—I never remember seeing him before.

ALEXANDER HUDDY . (Policeman, B 199). On 21st Sept I saw the prisoner about a quarter past 10 o'clock—I kept him in sight about half an hour, I then lost sight of him—I saw him again about 20 minutes after 12 o'clock—and another officer followed him—we took him to the Great Northern Booking Office, Charing Cross—when I took him I said, "I want you for that parcel that you left this morning at the Booking Office, at Charing Cross"—he said, "I left no parcel at the Booking Office, I never saw a parcel"—I said he must go with me to the Booking Office, and on the road he said, "I did take a parcel to the Booking Office, Charing Cross, this morning "—I asked him where he got it—he said it was no business of mine, at first; and then he said that a man gave him 2d. to carry it from the corner of Peter Street—I took him to the Booking Office, and the clerk said, "That is the man that brought the parcel"—he said, "I know I brought a parcel here this morning"—I went to King's Cross station, and got this parcel—it was tied up and sealed.

Cross-examined. Q. When you saw the prisoner, was Poultney with you? A. Yes—I mean to tell the Court and Jury deliberately, on my oath, that the prisoner said that he left no parcel—he said, "I never see a parcel, I never took a parcel—Poultney, being with me, must have heard it—I mentioned this before the Magistrate, but to no one else—before I took the prisoner to the Booking Office, we went to a public house, he wanted half a pint of beer—I drank nothing that he paid for—I have been eleven years in the force—it is not my usual course, when I take prisoners, to go to a public house—it was not my proposal—it was before I took him to the Booking Office—it was before I went into the public house that I put the questions

to him about the parcel—I did not tell him he was not bound to answer those questions—I have heard Magistrates caution prisoners that they need not say anything unless they like.

SAMUEL POULTNEY . (Policeman, B 219). On 21st Sept. I went to the Booking Office at Charing Cross, and then, to the terminus of the Great Northern Railway, and got this parcel; and we took it and the prisoner to the office at Charing Cross—Mr. Darter was at the door, he was six or eight yards from the prisoner; he said, "That is the man that gave me the parcel," pointing to the prisoner—after we had been to the Booking Office, I took the parcel to the station and opened it—I found in it twelve half crowns, wrapped in separate pieces of paper, and nine 5s. pieces, wrapped in separate papers, and wrapped in this brown paper, and then bound round with these posting bills, which have been posted up, and made into a parcel, tied with string—I was with them when they went into the public house—I could not say who asked to go in, for I was behind Huddy and sergeant Loomes, so that I could not say—they went into the house; I went in with them—I do not know what the prisoner had to drink—we had some ale—what the prisoner had he paid for—I paid for the drink for myself—I was present when the prisoner was taken—the last witness asked him what he had left at the Booking Office at Charing Cross—I cannot say that I overheard all that was said—the prisoner said, "I left no parcel there "—those were the words he used, as near as I can remember—Huddy said, "You must go with me to the Booking Office"—he afterwards acknowledged taking the parcel to the Booking Office.

Cross-examined. Q. Have you ever before stated one word about your hearing Huddy ask him about the parcel, and his replying, "I left no parcel?" A. No.

MARK LOOMES . (Police sergeant, B 11). 'On 21st Sept I saw the prisoner or in custody of Huddy and Poultney—I said, "You are charged with leaving this parcel at the Booking Office, Charing Cross, to be sent to Nottingham"—he said, "Yes, I did leave a parcel there; met a man in Orchard Street he gave me 4d. to carry it there "—I asked him what it contained—he said, "I know it contained money, but I do not know whether it was good or bad"—he was searched, but not by me—I said to him, "If you give me a receipt, you can have the good money found on you"—he gave me this receipt; "Received 21st Sept, 1857, of Mark Loomes, 9s. 6 3/4d.—I saw him write this—I had seen him write on two occasions before—I believe this direction on this parcel to be his writing—(Read:" To Mr. A. Moss, to be left at the Rail way Station, Nottingham, till called for.")

Cross-examined. Q. Did you bear the charge against the prisoner? A. Yes, of having a parcel in his possession—I employed these two officers to take him—I suggested to him to write on a piece of paper in order that I might see his writing.

WILLIAM WEBSTER . These coins are all bad; the crowns are from the same mould, and so are the half crowns.

GUILTY .— confined Eighteen Months.

OLD COURT.—Wednesday, October 28th, 1857.

PRESENT.—The Right Hon. the LORD MAYOR.; Lord Chief Baron POLLOCK.; Mr. Justice ERLE.; Sir ROBERT WALTER CARDEN ., Knt., Ald, M. P.; Mr. Ald.CUBITT, M. P.; Sir HENRY MUGGERIDGE ., Knt., Ald; Mr. Ald.HALE.; Mr. Ald. PHILLIPS.; and Mr. COMMON SERJEANT.

Before Lord Chief Baron Pollock and the Fifth Jury.

Reference Number: t18571026-1020

1020. DAVID RODEN (30), Stealing, whilst employed under the Post-office, a post letter, containing a half sovereign, 6d. f and 24 postage stamps; the property of Her Majesty's Postmaster-General: to which he

PLEADED GUILTY .— Five Years Penal Servitude.

Reference Number: t18571026-1021

1021. BRIDGET KAVANAGH (30) was indicted for the wilful murder of her female child.

MR. COOPER. conducted the Prosecution.

JANE HART . I am a widow, and live at No. 32, Fitzroy Market. The prisoner lodged in the same room with me, and slept in the same bed for about a fortnight—she had an infant named Julia, I understand; it was about three months old—it was in perfectly good health all the week before Sunday, the 13th—after the prisoner had fed it that morning it turned sick—after that she began to give it more of the same food—I said to her, "You are only punishing the child; you see it will not lie on its stomach; why don't you give it the breast?"—she made some sullen, muttering reply, I could not exactly say what—I have seen her rather cross with the child, and once or twice she has said, "I wish you were dead; I wish you were in heaven;" and she has often said, "I know it won't live long"—on Monday morning, about 10 o'clock, as I was washing up the breakfast things, she came to me, and said, "Is there something can be had from the doctor's to make a child sleep?"—I said I did not know, I never had anything to make my baby sleep—nothing more passed then, she left the house about an hour afterwards—I had occasion to go out on an errand, I returned about 1 o'clock, or a quarter to 1, and she came in about half an hour after—the baby seemed very well then; a little girl of the prisoner's, about seven years old, was carrying it about—I have heard that the prisoner has three other children, but not in this country; I know nothing of that myself—she was a stranger to me before this-an old lady was sitting in the corner, with the baby on her knee, when the prisoner came in with a pair of socks; she throwed them down, and said, "What a fool I was to boy them!"—she "afterwards took the child on her knee, and began feeding it out of a tea cup with a tea spoon—after she had given it the stuff, whatever it was, the child went to block it up, and she put her hand on its mouth, and put it back, and made it swallow it—I said, "What are you giving the baby?"—she said, "Nothing but a little cold milk "—I did not see what was in the cup then, I did afterwards—she then called me over, and said, "Come here, and look at the child; I am sure it won't live "—it was then on her knee—I said, "I do not see why you should say that, I do not see any deathly signs about the child"—she said, "Come, and look at its eyes"—I went, and looked at the baby's face; its little eyes looked rather glassy—I said, "The baby is asleep, put it to bed, and let it have a sleep," and she got up, and made a bed on the large arm chair, and put it down, and covered it up—she then came over to the old lady in the corner, Mrs.

M'Carthy, the landlady's mother, whose is quite deprived of sight, took her finger and thumb so, and said, "I know it will not live long, for its little nose is pinched in here"—she then went up stairs, and began to clean her bedroom up stairs—the baby was asleep, as I thought—presently I had occasion to go over to the drawers, and I saw a bottle with a new label on it—this is it (produced)—that bottle was in the house all the time I was in it: it was used the day before for aniseed; the label was newly put on; it is, "Laudanum, poison"—I can read—I do not know whether or not the prisoner can read—I took the cork out, and smelt it—I went directly to the cup that she had been feeding the child out of, and smelt it, and it smelt the same as the bottle—I cannot say that I know the smell of laudanum, but it had a wild, fierce smell, something I cannot describe—I then went directly, and looked at the child, for it reminded me of a question she had asked me in the morning—I had heard her at various times speaking to the baby, and the night before I had heard her wishing it was stiff before morning; that was in the course of the Sunday night—when I went and looked at the baby, I saw it lying on its back, and its eyes turned round in its head, the hands out, and the eyes wide open—I called out, "The baby is dead"—the prisoner came down stairs, and said, "Is it dead?—I said, "Yea, it is "—she came over, and looked at it, and then she began to call out, "My baby, my baby "—I said, "The cruel woman, you have been giving it laudanum, you have poisoned the child"—I then sent her for a neighbour, and I sent the little girl to fetch some one—I said to the prisoner, "Bring some one, and don't sit there making a noise; bring a doctor, see what can be done for the child"—with the noise the landlord, Mr. Maynard, came in from the workshop, and Mrs. Ward, a neighbour—Mr. Maynard took the child to the hospital, and I sent the bottle by a neighbour.

Cross-examined by MR. PAYNE. Q. Did the prisoner go to the hospital? A. Yes, with Mr. Maynard—I had only been living at the house three weeks on the Wednesday, as this happened on the Monday—the prisoner was living there before me—I did not go to lodge with her, I took an apartment, and my bed was not ready, and the landlady asked if I had any objection to sleep with the prisoner till it was ready, and I said no—I slept in the same bed with her very nearly three weeks—everything went on well till Sunday, 13th Sept.—she gets her living by carrying milk for a dairy—she went out at 5 o'clock in the morning, and returned at 6 in the evening; sometimes she would not be home quite so soon—when I first went there, an elderly woman was taking care of the baby—when she left I was asked if I would look after it for a day—I said, as I was disengaged, I would, and they must get some one after that—I did so for a week—I saw the baby every day during the time I was there, and almost every hour in the day—I went out, as it suited my business—I am a cook by profession—I go out to cook dinners, but I had not been out while I was there—I attended to the baby the last week; I nursed it, kept it clean, and fed it—there had been nothing at all the matter with the child up to the 13th—I never saw a more hardy, healthy little child in my life, and I have seen hundreds—there was nothing the matter with it during the week I had it; it was in perfect good health, and got quite fat—it had not diarrhoea then, nor while I had it; it might have had it before I came there, I do not know—when I first went there, they said it was purged, and they got a draught from the doctor and stopped it; but it was quite well the three weeks I was there—I was lying in bed with her when I heard her say she wished the child would be stiff in the morning—I had been talking to her several

times during the night, when the baby was rather tiresome; I said, "Give it the breast "—it was a little restless, as babies will be at times—I know that she had milk to give it. I have seen it suck many a time—she did not give it the breast when I told her—I do not know that there is some stuff sold by doctors to sleep children, I have seen a little aniseed used some times in the food to comfort the bowels—I never heard of Godfrey's cordial—I do not know whether she can read or write; I never saw her write, or heard her read—I never heard of anything being given to children to make them sleep; I have brought up three fine children of my own, and I never gave them anything of the kind—she had taken the child to the hospital about three weeks before; it had a purging, and they gave it a little draught which stopped it, and it was in perfect good health afterwards—on the Sunday night the child was a little fractious—I did not hear it suck—she changed it from side to side several times, and she shook it, and said, "I hope you will be stiff before morning"—she seemed in a passion, rather spiteful.

COURT. Q. What was it that passed about the socks? A. I had brought them in on the Wednesday, and said if she would be 3d. I would be 6d., and buy them for the baby—reluctantly she did so, but she said she should not wear them till the Sunday—it never did wear them; and on the Monday morning this happened she said, "What a fool I was to buy those socks; she will never want them, she will never live to wear them."

SELINA WARD . I am the wife of James Ward, a sawyer, and live at No. 33, Fitzroy Market On the Monday that the baby was takes ill I went to the prisoner's room, about 2 o'clock; I saw the baby lying on a chair, apparently dead, or dying—I went and looked at it, and said, "Why, this child is dying; why don't you take it to the hospital?"—the prisoner made no reply—the landlord came in, and took the child to the hospital—Mrs. Hart gave me a bottle, and I gave it to Mr. Maynard.

Cross-examined. Q. Do you live in the same house? A. No, next door—I had seen the child about half an hour before, in perfectly good health—I had seen it for about a fortnight before, passing and repassing my window—I cannot tell how long the prisoner has lived next door—I had known her there about a month or five weeks.

MR. COOPER. Q. You say you had seen this child often; what appearance did it present? A. About half an hour before this it appeared very well—it passed my shop, and I gave it a small cake.

JOHN MAYNARD . I live at No. 1, Fitzroy Market On this Monday afternoon, between 2 and 3 o'clock, I went into the prisoner's room, hearing a noise from a woman—I saw the baby lying on a chair, it appeared to be dying—I took it up, and carried it to the hospital; the prisoner followed me—I saw that same child there after it was dead—this bottle was gives to me—I put the child into the prisoner's arms at the door of the hospital and bade her take it in—I then returned, and as I returned Mrs. Ward gave me this bottle—I gave it to the medical man at the hospital.

GEORGE TOOTILL . I am assistant to Mr. Carter, a surgeon, of No; 7, Upper Fitzroy Street. On Monday, 14th Sept, between 12 and 1 o'clock in the day, the prisoner came for some laudanum; I asked her what she wanted it for—she said to give to a woman to make her sleep—she asked how much she was to give, and I told her ten or fifteen drops—I than served her with a drachm—this is the bottle; I put this label upon it—it came to a penny—there are sixty minims in a drachm; a minim is a large drop—I told her it was poison.

Cross-examined. Q. Did you know her at all? A. No—I did not ask

her where she lived—I believe we are at liberty to sell poison without the presence of another person—I sold it to her without asking any other question, except what she wanted it for—she did not ask for sleeping drops, she asked for laudanum—I had never seen her before; she was not many minutes in the shop—there was no one else in the shop at the time—I am quite sure that she bought laudanum—she asked what quantity she was to give; she told me it was for a woman—I did not ask her whether it was for a person in sickness, or a person of a strong constitution.

WILLIAM BOYD MUSHETT . I am resident medical officer at University College Hospital, Gower Street On 14th Sept., the baby was brought to me, into the hospital—it was insensible, and apparently from a narcotic poison—this bottle was brought in at the time—there were only a few drops in it, I should think about ten minims; it smelt strongly of opium—I asked the prisoner what she had been giving the child—she said some aniseed—she said she had given it about two hours previously—I gave the child an emetic, which was repeated, it acted very slightly; it was wrapped in flannel, and motion used—I did not apply the stomach pump, owing to the tender age of the child; it would have been difficult and dangerous, I think it would hare suffocated it; moreover it appeared So be almost dead when it was admitted—the second emetic I gave it operated slightly; I got a little warm water down with difficulty—it died fifty-four hours afterwards; it appeared to be dead three hours after its admission, but it revived; I sat up all night with it—it was a flabby, ill nourished child—the day alter its death I made a post mortem examination; I examined the brain, and all the vital parts—the appearances of the body were insufficient to account for death; death did not appear to be due to natural disease—taking into consideration the symptoms during life, and the absence of any sufficient cause of death, I Was convinced that the child died from narcotic poison—poison in a fluid state would be absorbed more rapidly than if it were solid—two drops have caused death in a child.

Cross-examined. Q. Did you see the child when it was first brought into the hospital? A. Immediately—several persons brought it in; the prisoner, I think, followed it—I found it in the out-patients' room—the prisoner followed me into the ward—she remained from about 10 minutes past 8 o'clock until she went away with the policeman, about 6 o'clock—the child was not dead then—she was taken away on suspicion—she could not attend to the child between that time and the time of its death; there was collapse of the lungs after death, which is a very common appearance in young children—it is generally an indication of debility, of a failure of power and tone—that had nothing whatever to do with the effects of narcotic poison; it is seen in children dying under many different circumstances, it is not the least indication of death by poison—it is not an indication of death from something else—I have not known children die from collapse of the kings; I did not say so, I said you frequently find collapse of the lungs in children dying under different circumstances; indeed I should anticipate collapse in this case, or any other where a child dies from failure of power, without any poison at all—I lay no stress upon the collapse of the lungs in this case—I have not known many children die from it; children who die from exhaustion exhibit that symptom—it is an indication of debility, which debility ends in exhaustion, causing death—it has nothing to do with the cause of death, it is a sequence—if I had not been told anything about a narcotic poison, I should have suspected that the child did not die fairly, if there had been simply collapse of the lungs; there must have been something to cause that

collapse, something first of all to produce the debility upon which collapse of the lungs supervenes—exhaustion from any cause will produce it—what I mean to say is, that collapse of the lungs is an indication of death from debility—I should state that there were some other indications of disease in the child—there was some solidification of the lower lobe of the right lung but I think that had nothing to do with the death; it was subsequent to the other symptom, not antecedent; there was limited pneumonia.

MR. COOPER. Q. What was the cause of that? A. That might be due, and I think was due, to gravitation, the child being kept in the position it was—it is also a common sequel of opium poison to have more or les solidification, of the lung, because the respiration is interfered with, and the blood stagnates; it is what medical men call hepatization, which is a common sequel to a narcotic poison—if the child had died at an earlier period, I should say it arose from coma or insensibility, but, the symptoms being so protracted, I should say it was rather due to exhaustion, the effect of the coma having more or less passed off, vegetable poison having a tendency to become eliminated—assuming a larger dose of laudanum than would be consistent with health to be given, I think that would account for debility causing collapse of the lungs, the child living so long—if narcotism immediately proves fatal, it would be by coma; if remotely, it would probably be by exhaustion—collapse of the lungs may supervene upon any state of exhaustion whatever.

GEORGE DAVIS . (Police sergeant, E 1). I took the prisoner into custody on 14th Sept., at the hospital—on the way to the station, she aid she had bought 1d. worth of aniseed at a public house at the corner of Grafton Street.

COURT. Q. Did she specify the exact place where she bought it A. She did.

Cross-examined. Q. Where was she when you took her into custody? A. In the hospital, in the same room with the child—I took her on suspicion of poisoning the child—I was sent by the inspector.

The prisoner's statement before the Magistrate was read as follow: "They are wronging me in what they have said; I never fetched any laudanum myself; I sent somebody for something, but I did not mean laudanum."

GUILTY. of Manslaughter. — Confined Six Months.

Before Mr. Justice Erle and the First Jury.

Reference Number: t18571026-1022

1022. JOHN RYAN (23) (a soldier), Feloniously cutting and wounding Joseph Botterell, with intent to do him some grievous bodily harm.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

JOSEPH BOTTERELL . (Policeman). On 5th Oct. I was on duty at Isleworth between 12 and 1 o'clock in the morning, and as I passed the gate of some gardens belonging to Mr. Wilmot, in the Hounslow Road, I heard footsteps in the garden, went towards the gate, and saw the prisoner coming over it—(there were a quantity of pears on the ground by the gate)—I asked the prisoner what he had got in his bag; he said, "Nothing"—I asked him again, and he said that it was nothing to do with me—I said, "These are pears in the bag," and that I believed they had come out of Mr. Wilmot's garden, and I should take him into custody for stealing them—he said that he should not go with me—I took hold of the bag of pears, and of him by the collar of his coat—he struck me in the face with his fist, put his legs between mine, and threw me down; we both fell together—when we were on the ground, he tried to gouge my eye with his

thumb; he put it on the side of my eye in a very severe manner, but I wrenched his hand away; he then took hold of my collar, and tried to throttle me while I was lying on the ground—I called out for assistance, got partly up, and sprang my rattle—he threw me down again, and after a good deal of struggling I got the best of him, and got up, and drew my staff; he took hold of it, and pulled me on top of him; he flung his legs round mine, and said that if I did not let him go, he would jump my b—guts out—I still kept hold of him, and would not—the string of my staff broke, and after a great deal of struggling the prisoner got possession of it, and struck me across the bridge of the nose with it while we were still on the ground—I was not able to more for two or three minutes, and when I lifted myself up, the prisoner was about twenty yards away from me—he came back, and struck me across the head, which caused the blood to flow; he also struck me on the back of the right ear, and I was not able to stir for some time—there was a very great deal of blood; it was flowing from my nose and also from the wound in my head—the prisoner went in the direction of Brentford; I was not able to follow' him—I called a party to assist me to a surgeon's, and gave information to another constable—I saw the prisoner in custody from 2 to half past 2 o'clock in the afternoon, and I have not the least doubt of his being the person.

ROBERT COLE . I live at Isleworth, and am in the employ of Miss 8 quires, a basket maker. I live near Mr. Wilmot's—on Monday morning, 5th Oct., I was awoke by a cry of "Murder!" and saw a policeman scuffling with another man—I saw the man go from the policeman, and return, and hit him, and go away, and return and hit him again—he hit him on the head with something which he had in his hand—I did not see enough of the man to be able to say who he was—I did not see his dress.

JOSEPH JACOBS . (Policeman, T 178). On 5th Oct, about 1 o'clock in the morning, I was on duty in New Brentford, and saw the prisoner coming in the direction of Old Brentford from Hounslow and from Wilmot's—it is about a quarter of a mile from Wilmot's to where I was standing—he was in his shirt sleeves, and had his coat on his arm—I asked him where he came from; he said that he had turned in with some of his mates, and the landlord found that he was not billeted there, and turned him out—I turned my light on him, and saw that his face was smothered with blood—I told him that he had blood about his face, and that I suspected he had been fighting—he said, "I had a scrimmage with some of my mates"—he showed me a scar on the right side of his neck, but there was no wound bleeding at the time—he said that he had been in the war, and was wounded—the blood appeared like a smear from a hand—after talking several minutes, he went on from me—I afterwards received information of what had happened to Botterell, and went after the prisoner with another constable—we met him about 1 o'clock the same afternoon, coming from Brentford, in the direction of Hounslow—I said that he was the very man I wanted to see, that he was charged with assaulting a police constable in Hounslow Road; he said that he had been in London all night—I am quite sure he is the person I met at 1 o'clock in the morning, in New Brentford—I took him to Botterell's house that afternoon.

JOHN LOVER . (Policeman). I was stationed at Brentford, and on 5th Oct, about a quarter to 2 o'clock in the night, I was on duty, and met a man with his coat on his arm, going towards Kew Bridge, away from the Hounslow side of Brentford—I stopped him, and he asked me if I knew where he could get a lodging, that he had been knocking at his billet house"

a long time, and could not get in—I turned my light on, and saw a scar on the right side of his face—the prisoner is the man—he stood loitering about for ten minutes, mumbled something which I could not understand, and went towards Kew Bridge.

THOMAS COXEDGE . I am a surgeon, of Isleworth. On 5th Oct I was called to see Botterell; he was supported by a policeman and another person; he was much exhausted, and covered with blood and dirt—there was a wound on the top of his head, and he was in a very exhausted state—I should say that he had bled a great deal—he was only under my care a sufficient time to get him into a state to walk home—the wounds on his nose and head had been inflicted by a blunt instrument.

Prisoner 's Defence. I was in London at the time.

GUILTY .— Four Years Penal Servitude.

Reference Number: t18571026-1023

1023. CHARLES STEWART MILLS (17), Feloniously forging and uttering an order for the payment of 250l., with intent to defraud.

MESSRS. BODKIN. and LAXTON. conducted the Prosecution.

JOHN LENT . I am a clerk to Messrs. Hankey, of Fenchurch Street On 13th June this cheque (produced) was presented by a youth whom I had known before as coming from Mr. Hewitt's, and I presume it was Mr. Hewitt's clerk—I paid it—I do not recognize the prisoner—his appearance is so altered, if he is the person—he is about the same age—I had never seen him without his hat, and altogether a different costume, but I knew the youth quite well as one who was in the habit of paying in money from Mr. Hewitt—I paid him a 100l. note, No. 34139, 10th Feb.—(we do not take the year); two 50l. notes, Nos. 35698 and 40030, both of 9th Feb., and fifty sovereigns—there was an alteration in the figures of the cheque, which led me to make some inquiry whether it was a post-dated cheque—I asked him who had filled in the date, and when it had been done—he said, "This morning, and the date was filled in by a clerk in the office," Mr. Hewitt's office, I concluded—judging from the position in our books, I should say that it was between 11 and 12 o'clock.

Cross-examined by MR. DOYLE. Q. Do you mean that only one person pays you money to the credit of Mr. Hewitt? A. I have no recollection of any other—his cheques, of course, were brought by many people—I cannot tell whether it came from his house or not—I was well acquainted with the person, but will not undertake to swear to him.

WILLIAM MINTER TODD . I am a clerk in the issue department of the Bank of England. I produce a 50l. note, No. 35698, Feb. 9th, 1857, which I changed for gold on 13th June—it was towards the end of the day, between 3 and 4 o'clock—it has on it, "t Farley, 3, Newcastle Street, Strand "—the "t" of Robert is left—the person who presented it gave me that name and address.

Cross-examined. Q. Did you take any notice of the person? A. No—the name was not written in my presence on the back—I cannot say whether the person who wrote that name was the person who presented it.

MR. BODKIN. Q. Did the person who presented the note for change answer to the name upon it? A. Yes.

EDWARD WOOD MORLEY . I am a clerk in the issue department of the Bank of England. I produce a 100l. note, No. 34139, Feb. 10th, 1857, and a 50l. note, No. 40030, Feb. 9th, 1857—I exchanged them for gold on 16th June—"Robert Silvester, Manor Street, Clapham," is written on both the notes.

Cross-examined. Q. Was that written in your presence? A. No—I do not know whether the person who presented the notes wrote the name—I have no recollection of the person.

ROBERT FARLEY . I keep a coffee house at No. 3, Newcastle Street, Strand. The name on this note is not in my writing—I know nothing of it's presentation at the Bank—I saw the prisoner in my coffee room about a month or five weeks ago—I knew nothing of him in June last.

Cross-examined. Q. Did not you notice him in June? A. No—this is not an imitation of my writing—there are very likely other Farleys—the prisoner was only once at my house, to my recollection, and then he had no money—his bill came to 1s., and I detained him till he sent for a friend to borrow 1s. to pay me.

ROBERT SILVESTER . I live at Manor Street, Clapham. These endorsements on this 100l. note and 50l. note are not my writing—I did not authorise anybody to sign my name there—it is possible I may have seen the prisoner in Mr. Hewitt's outer office, who is my attorney.

Cross-examined. Q. Have you heard something about this cheque before to-day? A. Yes; Mr. Hewitt wrote to me, when I was in Essex, to know if I could throw any light upon it—I spell my name in this way, but I write a round hand, and this is a large scrawling hand.

ARTHUR TURNER HEWITT . I am a solicitor, of Nicholas Lane, Lombard Street I have a banking account at Hankey and Co.'s—the prisoner was in my employ rather more than a year—he and a clerk named Bunning were the only two clerks I had—this (produced) is my cheque book—I kept it in the drawer of my writing table, which was locked when I went away at night, but not during the day—I never allow anybody to sit in my room when I am out—my office is at the back, and the prisoner's in front, on the same floor—the prisoner and Bunning sat at one large desk, which was separated—this cheque is not in my writing, or written by my authority—it is an entire forgery—nearly all my cheques were filled up by myself, but occasionally by Bunning if he was there, or anybody else, and I signed them—I have not missed any cheque from my cheque book, but this cheque exactly corresponds with a foil at the end of the book, where I cut out cheques to carry about with me—it fits here, and nowhere else—my cheques are all one number throughout the book—I receive weekly from my bankers cheques which have been paid in and are cancelled, and about every four or six months it was the prisoner's business to sort them according to the dates, and do them up in a parcel—I have not personally looked into the bundles since this has occurred to see if they are there—it was most probably Mr. Bunning who examined them—I have had frequent opportunities of seeing the prisoner write—I believe the writing on the 100l. note, and on one of the 50l. notes, to be his, but to the other I have some doubts—I last saw him in my office on the morning of 13th June—I left by the 12 o'clock train that day for the country, and the probability is that it was at half past 11 o'clock—I have no doubt he was there when I left—he was there in the morning—I was not aware that he intended to leave me—I sent my clerk to inquire for him after the following Tuesday, hut heard nothing of him till Oct, when he was taken into custody—he is about seventeen years of age—he wore jackets then—he received from 20l. to 25l. salary, which was paid weekly—he was sent to Hankey's probably every day he was with me to pay in money, and get cheques changed.

Cross-examined. Q. I believe his family and connections are very respectable? A. I believe highly so—up to the time he left, he conducted

himself entirely to my satisfaction—the writing on these two notes is as like as it is possible to write, and the "5" and the "7" in "1857" are joined at the top in all three, but I never noticed that he wrote "1857" in that way—there is a similarity to his writing—I cannot say that the body of the cheque is his writing, but now you ask, I see that the "5" and "7" are joined in the cheque as well—the writing on the cheque is different from the notes—when I first saw the signature, I had some doubt whether it was mine; it is very like mine—Bunning said that it was very similar to his writing, that he had some recollection of filling up a cheque for something of the kind—I am quite positive that the signature is not mine, and there is no foil for it—I know no person named Farley—I have torn cheques from the book without filling them up—it is just possible that I may have torn this cheque out myself, but not to fill up for 250l.—I never carry a cheque about with me signed—it might have been lost, and found by some body—I have had this book in use nine months, and during that time three persons have been employed in my office, any or all of whom might have had access to the cheque book—the prisoner was not the only clerk who went to the bank to pay or draw money; they all went—I will not say that the writing in the cheque is the prisoner's—I say again I believe the writing on the notes to be the prisoner's—there is a very great similarity in the style, in two of the notes particularly.

MR. BODKIN. Q. When you took a cheque out for any casual purpose, where did you carry it about you? A. In a. pocket book, fastened in by India rubber—I have never missed a cheque before.

JOSEPH JOHN BUNNING . I am clerk to Messrs, Clutton, solicitors, is Southwark. I was clerk to Mr. Hewitt nearly two years—I left him about the middle of August, I think—the prisoner was fellow clerk with me, and Sat in the same office—I am acquainted with his handwriting—I believe the writing on this 100l. note and the 50l. note, "Robert Silvester, Manor Street, Clapham," to be his—there is so striking a resemblance, that I believe it to be his—I cannot say as to this other one; my impression is not so strong as to the other two—I sometimes filled up the body of cheques for Mr. Hewitt—I have no belief whatever as to whose handwriting it is on this cheque—it is very much like mine—the signature is very much like Mr. Hewitt's—I had not anything to do with the writing, either the body or signature of that cheque—the prisoner, doubtless, knew that I sometimes filled up the body of a cheque, as he changed the cheques generally—he often used to go to the bankers'.

Cross-examined. Q. Did not the prisoner generally write a round, clerk like kind of hand? A. Sometimes he wrote very stiff, and not at others, but in a careless-manner, which would very much correspond with the indorsement on these two notes—the words "Manor Street is very mach more characteristic of the prisoner's handwriting than the other—I believe it to be his—the name of "Farley, Newcastle Street, Strand," appears to be different, and my belief is not so strong as to that—I believe the prisoner might. imitate that writing—I cannot say there is any resemblance to his whatever in that—the writing of the cheque is different from all three—I said it was my writing upon first looking at it—I swear positively now that it is not my writing—I said at first I had some recollection of filling a cheque for this amount, and now I say it is not my writing—I filled up a cheque of a large amount very shortly afterwards, and that led me astray—the signature is a good imitation—if I had seen that signature to a note or order without knowing more, I should have acted upon it as Mr. Hewitt's—I

can only say, as I have said before, that the" writing is a striking resemblance to my own, but I did not write it—the strongest reason I have for saying so is that all the cheques I filled up for Mr. Hewitt I know what the amount was for—I never heard of the name of Farley before.

COURT. Q. Unless you had a recollection of the circumstance, from the mere inspection of the handwriting yon could not deny it to be your's? A. No, I could not—I know the reason for every cheque I filled up and there was no reason whatever for filling up a cheque for 250l. in the name of Farley—there never was a transaction for 250l. in the name of Farley.

HENRY THOMPSON . I keep a coffee house at No. 24, Charing Crose The prisoner first came to lodge at my house on 18th Aug.—I did not know anything of him till then—he was there three weeks altogether—he gave me "Frederick Rutland" as his name—I did net know him by any other name than that—I last saw him on Sunday, 6th Sept.

Cross-examined. Q. I believe he got into your debt) A. He did, 10l., and had no money to pay me with—he paid' 10s. deposit for a bed when be came there, and he borrowed 4s. of me for a cab, and 10s. afterwards—he said he was going to Hankey's bank—he said his father banked at Hankey's, and he was going there in the morning, and it would save him the trouble of going to his bankers'—he did not show me any money.

GEORGE CORDING . I keep a jeweller's shop, at No. 232, Strand. I remember selling the prisoner a chain on 16th June last, for 10l., and taking a chain of 6l. 10s. in exchange—he gave the name of Rutland, and gave his address, something about clapham—he was not dressed in uniform—he had purchased the chain on the 13th, for 6l. 10s.—I sold him a watch on this same occasion for 21l.—he paid me on that occasion 21l., because he gave me a silver watch in exchange for 3l. 10s., so that that cleared the difference of the chain, and he paid me for the watch—I do not remember where he took the money from—to the best of my belief it was in gold.

Cross-examined. Q. You are not positive? A. As positive as I well can be; I am not absolutely positive, but when this was mentioned to me I remembered that he had paid me in gold—I was not examined at the police office—Huggett, the detective, called on me—he asked me if I remembered a person buying a watch; I said, "I do, I remember the person quite well, and I think he paid me in gold "—the person who bought the watch said he had bought a chain on the Saturday—I did not know him by sight till then—I never saw him that I know of till that day—he came twice on. that day—when he came he said he had bought a chain on the 13th, of my assistant, and I recognised the chain as one of mine—I was taken into the yard in Newgate, and saw the prisoner pass round with others—his features were quite plain to me, I had no doubt of him; he was not there at first, but he was afterwards brought down, and marched round the yard—he was in those clothes—those are not the clothes he wore when he called on me—there were no other boys of his age and appearance amongst those marched round the yard—the others were mostly men—he was the only lad so well dressed amongst them—I had not the least doubt, when I saw him, but that he was the person, nor have I now.

MRS. BRYANT. It was my duty to clean the office of Mr. Hewitt, in Nicholas Lane—latterly I have noticed the prisoner there, after the rest of the persons have left—I saw him take the pen into Mr. Hewitt's room several times after they were all gone; he looked at Mr. Hewitt's diary first and then took the pen and wrote inside his own desk with the lid resting on his head—he took Mr. Hewitt's pen. off Mr. Hewitt's table into his own

room, and wrote something in the bottom of his desk—I think he did that regularly of an evening for about a week after the rest were gone—I had a reason for noticing it, because I was afraid Mr. Hewitt might think it was my children—I think this was about the latter end of May.

Cross-examined. Q. You were not examined before the Magistrate, I believe? A. No; it is not my wish that I should be examined now—I heard about the forged cheque some time after the prisoner had left, and I told Mr. Bunning what I had seen—Mr. Huggett never spoke to me about it—I spoke about it to Mr. Bunning, and I think last week to Mr. Hewitt, or the week before—I told Mr. Bunning about it before the prisoner left the office—Mr. Hewitt's pen is different to the clerks' pen—Mr. Hewitt's is a steel pen; I should know a pen like it, but I did not take notice much—it has a flower on the top, and the handle pushes in—it is different from the clerks'.

JOSEPH HUGGETT . I am a detective officer of the City. I took the prisoner into custody on 4th Oct., at a coffee house, in Farringdon Street—I found him in bed there—I told him that I should charge him with forging a cheque on Messrs. Hankey for the sum of 250l. on 13th June last, purporting to bear the signature of his master, Mr. Hewitt—he said, "I don't understand it"—I said, "You must get up and dress, and go with me"—while dressing himself, he said, "I confess I know something about the cheque you mention, but I have not committed forgery"—I had been looking for him since 6th July last.

GUILTY. of Uttering .— Six Years Penal Servitude.

NEW COURT—Wednesday, October 28th, 1857.

PRESENT.—Mr.RECORDER.; and Mr. Ald. CUBITT.

Before Mr. Recorder and the Third Jury.

Reference Number: t18571026-1024

1024. JOHN EDWARDS and JAMES SIMS (17), Unlawfully setting fire to certain furze; the property of Sir Thomas Maryon Wilson and others.

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

JAMES WICKS . I live with my father at Frogwell, near Hampstead; he is the heath keeper. On 13th Sept. I and John Roe were on the heath in the Spaniards Road, about half past 7 o'clock in the evening—I saw the prisoners there; Edwards struck a lucifer, and put it under the furze on the heath; he said to Sims, It will burn up, presently "—it blazed very much, and they went away when they found that the people were coming up—I was on the other side of the footpath, with merely the width of the road between—I knew them before, and went and told my father.

Cross-examined by MR. COOPER. Q. Were you not driving some donkeys with Scott at half past 7 o'clock? A. Yes—one of the prisoners did not give me a wopping once, nor did I say that I would give them a wopping—I know a chap named Clements—I do not a know a fellow named Platt—I saw the prisoners that evening, between 5 and 6 o'clock, with several other young fellows—there were two other fires the same night, after they were taken into custody—I do not know who lit them.

MR. PAYNE. Q. Were you driving the donkeys past at the time they set fire to the heath? A. Yes—there is no bad feeling between me and them.

JOHN ROE . I am a labourer. On 13th Sept. I was with Wicks at

Hampstead, between 7 and 8 o'clock—I was coming from the Spaniards—I saw Edwards passing by where the heath was burning, and another person with him, whom I could not see, as it was getting dark—Edwards was on the path, laughing, and I said to him that it was a pretty game; he never spoke to me, and I passed on with the things which I was driving—I had seen him before—I did not see the fire lighted; it was alight.

Cross-examined. Q. He might have said to you, "It is a pretty game" I A. Yes, but I had the first word—I saw many more lads as I walked along—I have seen the furze blaze before, and those who do it generally run away.

COURT. Q. Did you see the furze blaze up? A. Yes; at that time Edwards was eight or ten yards from it—no one was with him but Sims—Wicks was with me, and I had as good an opportunity of hearing Edwards speak as he had—I did not hear Edwards say, "It will soon blaze up."

JEREMIAH WICKS . I am a labourer, and work at Sir Thomas Wilson's; he is the lord of the manor of Hampstead—my son took me to a place on the heath, and I found that two and a half poles of furze had been burnt—the damage was about 10s.—Mr. Hodson's place was in danger from it.

NOT GUILTY .

Reference Number: t18571026-1025

1025. GEORGE PAYNTER PRIESTLEY (32), Stealing 1 purse, 1 order for the payment of 5l., and 21l., in money; the property of Amelia shaw, from her person.

MR. COOPER. conducted the Prosecution.

ARTHUR ROLES . I am clerk to Messrs. Hoare, bankers, of Fleet Street; Lady Shaw has an account there. On 15th Oct this cheque (produced) was brought to the counter by the prisoner, about half past 11 o'clock—it had been previously stopped by Lady Shaw, and I asked him where he brought it from; he rather hesitated, and said that some person had given it to him to get changed—he was taken into an inner room, and Lady Shaw, who happened to be there at the time, gave him into custody.

Gross-examined by MR. SLEIGH. Q. Did not he say that a person down at Whitechaped had given it to him to get changed? A. Yes—he did not say in my hearing, that if a person could be sent with him, he could find the person.

LADY AMELIA SHAW . I reside at Kensington Gore. I drew this cheque for 5l., on Tuesday, 13th Oct., before I left Brighton, intending to change it if I wanted it, but I did not—it was in my porte-monnaie, where I had a half sovereign and some silver—on the Wednesday I went to Messrs. Hoare's, as I was going out of town next day, and got change for 20l.; there Were two 5l. notes and 10l. in gold—I put them, in their house, into a small worsted purse, and 2l. in my porte-monnaie—the cheque was then safe, for I took it in my fingers—I also had a penny piece, and I put them all into my pocket together, at a little before 1 o'clock—I walked up Chancery Lane to a friend's house in Bedford Place, and have no impression of anything touching me during that walk—I went in the evening to a meeting about the Indian sufferers, and when I came home I missed my money.

ALEXANDER PARSONS . (City policeman, 329). I was sent for to Messrs. Hoare's, and found the prisoner there, and Lady Shaw, who gave him into custody—the cheque was brought to me by one of the clerks, who said, "This cheque, which was stolen from Lady Shaw's pocket yesterday, the prisoner has now offered me for cash"—the prisoner said that a man gave it to him in Whitechapel, and gave him 5s. to get it cashed, and he had engaged a cab for 1s. 6d. to come there—he told the inspector that a man

gave it to him in a barber's shop in Osborne Street, Whitechapel, Mr. Pinch. beck's—next day I went to the shop of Mr. Pinchbeck—I searched the prisoner, and found on him this snuff box, two duplicates for a coat, knife, and a pair of boots, a counterfeit shilling, an empty purse, and these letters.

Cross-examined. Q. On the way to the station, did not the prisoner offer to pay for a cab if you would go with him to the barber's shop, to try to find the man who had given him the cheque? A. No; it was when he was in the cell that he mentioned Pinchbeck's name—he did not, while he was in custody, ask me to take him to Pinchbeck's to try and find the man, but he wished me to go to Mr. Pinchbeck to give him a character.

HENRY JOSHUA PINCHBECK ., examined by MR. SLEIGH. I am a hair dresser, in Whitechapel. I have known the prisoner four years as a customer; he is a dealer in clothes, and I believe that during the whole of that time he has been a hard working, honest man—on Thursday morning, 15th Oct, he came in to be shaved—I was very busy all the morning—another man came into the shop, whom I did not know; he and the prisoner were talking together—the prisoner said that he had not time to be shaved, and went away—the next I heard of him he was in custody.

MR. COOPER. Q. What did the other man say? A. I heard him say, "Will you go!" as they passed out at the door—I did not notice anything pass between them—I cannot say what they talked about—they did not seem to be old friends, they seemed distant at first—they went out together—they stopped in the shop to wash themselves, and perhaps they ware there ten or fifteen minutes—I did not bear the prisoner say that he was going to hear Cardinal Wiseman—I was called for the prisoner before the Magistrate—he does not always get shaved at my shop, but sometimes two or three times a week, and sometimes not once—I never saw the other man before; my boy shaved him, but the prisoner only adjusted his neckcloth and washed his hands.

COURT. Q. What time was it that he was there? A. I had no breakfast that morning, as I was so busy, but it was between half past 3 and 1l. o'clock—I have no clock in my shop—I did not see them go away in a cab.

MR. COOPER. to LADY SHAW. Q. You went to a meeting that night; was it to hear Cardinal Wiseman?" A. No.

(The prisoner received a good character).

NOT GUILTY .

Reference Number: t18571026-1026

1026. JOHN MARTINI (20) and JOHN MORFEE (24), Stealing 17 pairs of boots and 1 pair of shoes, value 9l. 9s.; the goods of Richard Speak: to which they.

PLEADED GUILTY. Recommend to mercy. Confined Three Months each.

THIRD COURT.—Wednesday, October 28th, 1857.

PRESENT—Sir HENRY MUGGERIDGE ., Knt., Ald.; Mr. Ald. CUBITT, M. P.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18571026-1027

1027. GEORGE FITZPATRICK (30), Embezzling the sums of 12s., 15s., and 22s., which he had received on account of Joseph Moses Levy, his master; also, obtaining money by false pretences: to which he

PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18571026-1028

1028. GEORGE INGRAM (27), Stealing 1 cwt of coffee, value 6l.; the goods Of Thomas Barrington Sparkes: to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18571026-1029

1029. RICHARD HOLMES (29), Stealing 1 coat, value 1l. 5s. 6d.; the goods of William Thomas Sharp; 1 coat, the goods of Reginald Thomas Hall; and 1 cape, the goods of Georgina Maria Townsend; having been before convicted of felony: to which he.

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18571026-1030

1030. GEORGE SINCLAIR (17), and ALFRED SMITH (23), Breaking and entering the warehouse of Richard Fenning, and stealing 53 pairs of boots and other articles, value 13l. 10s.; his property: to which

SINCLAIR PLEADED GUILTY .

SMITH PLEADED GUILTY .

confined Six Months.

Reference Number: t18571026-1031

1031. GEORGE CLARK (32), Embezzling 5l. 8s. the moneys of James Edwin Hall: to which he

PLEADED GUILTY .— Confined One Month.

Reference Number: t18571026-1032

1032. WILLIAM SUTTON (15), WILLIAM HENRY KING (16), and PATRICK COLLINS (16), Stealing 1 purse and other articles, value 17s. 6d.; the goods of Edward Charles Carpenter Nash, from the person of Millicent Nash: to which they

PLEADED GUILTY .— Confined Twelve months each.

Reference Number: t18571026-1033

1033. EDWARD BURDETT (29), Stealing 108 yards of cloth, value 3l.; the goods of James Motley and others; having been before convicted: to which he

PLEADED GUILTY .— Four Years Penal Servitude.

Reference Number: t18571026-1034

1034. OWEN TURNER (17), unlawfully obtaining 1s., the moneys of Patrick Smith, by false pretences: to which he

PLEADED GUILTY .— Confined Fourteen Days.

Reference Number: t18571026-1035

1035. ELIZA WALKER (21), was indicted for unlawfully uttering counterfeit coin.

MESSRS: TINDAL ATKINSON. and W. J. PAYNE. conducted the Prosecution.

ELIZABETH WOOD, JUN . I am daughter of John Wood, a chandler, in Maddox Street On Thursday, 17th Sept., between' 9 and 10 o'clock in the evening, the prisoner came for three nice eggs; my mother served her, and she paid a half crown'; my mother' gave her 2s. 3d. change, and she left—my mother opened the drawer, took out a Shilling, and tingled the Half crown with the shilling'; She then put the half crown in the scale and! found; it was bad—she wrapped—it up in a piece of newspaper, and put it into a drawer—next morning the prisoner came again, between 8 and 9 o'clock, for three nice eggs; I served her—she paid with a half crown; and I took it up stairs to my father—he came down into the shop, and the prisoner was given into custody-my father gave the first half crown to the policeman; I saw my mother take it out of the till and give it to my father—it was still in the paper—we marked them.

Prisoner. It was a half Crown your mother took out of the till Witness. No, it was a shilling, I am quite sure—I was in the parlour when my mother put the half crown into the till, but I could see what she was doing—when my father came down the next day, he had not two half crowns' in his hand—he asked you if you were not there last night, and you said; "Yes." and you gave a half crown, but did not know it was bad:

JOHN WOOD . On 18th Sept., about half past 8 o'clock in the morning, my daughter brought me a half crown; I found it was bad—I came down into my shop, and found the prisoner there, and my wife and daughter—I said to the prisoner, "You tendered this half crown, and you brought one here last night"—she said, I did"—I said, "It was a bad one"—she said, "I did not know that"—I asked her where she got them—she said, "I am an unfortunate girl, like a great many more, and I had them given to me "—I sent for a constable—my wife gave me the half crown that the prisoner had passed the night before; she gave it me out of a bit of newspaper in the drawer.

ELIZABETH WOOD . I am the wife of the last witness. I was present on both occasions when the prisoner passed the half crowns—I have heard the evidence of my daughter and my husband; it is true.

THOMAS WEST . (Police sergeant, C 56). I was called, and took the prisoner into custody—I received these two half crowns—the prisoner would not give her address.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These are both bad.

Prisoner's Defence. I am an unfortunate girl; I had them given me; I did not know they were bad.

NOT GUILTY .

Reference Number: t18571026-1036

1036. ANN GILLAM (30), was indicted for a like offence.

MESSRS. TINDAL ATKINSON. and W. J. PAYNE. conducted the Prosecution.

WILLIAM LEDGER . I keep the Coach and Horses, on Holborn Hill. on Friday, 18th Sept., about 20 minutes before 12 o'clock at night, the prisoner came for a glass of 6d. ale; it came to 1 1/2 d.—she placed a shilling on the counter, I noticed that it was bad, and I told her so—she said she thought not—I put it into the detector, and bent it double—I left it on the counter—the prisoner gave me a good half crown, and I gave her 2s. 4 1/2 d. change—she did not drink the ale, and was very abusive—I called for a policeman—as she did not drink the ale, I gave her back 1 1/2 d.; I gave he the full change—I gave her liberty to go, but she would not; she kept saying the shilling was not bad—there was time for her to have gone away if she had liked, but when I went round the counter to call the policeman, she could not have gone; I was between the prisoner and the door—the policeman was near the door outside; I called him, and gave her into custody—the prisoner took the bad shilling up; I grasped her wrist, and the policeman opened her hand, and it dropped on the counter—this is it.

Prisoner. I was in liquor at the time. Witness. She was a little in liquor.

ROBERT SHIP . (City policeman, 244). I took the prisoner; I opened her right hand, and these two good shillings fell out of it, and this bad shilling—I took her to the station in Smithfield—she had this leather purse in her right hand; I took it from her, and found in it two good sixpences and two bad shillings, and 6 1/2 d. in coppers—I afterwards took her to the station in Bagnigge Wells Road; on the road she said, "Policeman, oh, dear! I am guilty; will you let me go home to my children?

SUSAN MARSHALL . I am the searcher at Smithfield Station. The officer brought the prisoner in, and said it was a case of smashing—the prisoner said, "Yes, for bad money; did you never have any?"—I took her into the cell, and searched her; she was very violent—I found in her hand a good shilling, and between her dress and her petticoat a bad half crown—I picked it up, and told her it was a bad one—I marked it, and gave it to the officer—this is it.

WILLIAM WEBSTER . This shilling that was uttered is bad—the other one is bad, and from the same mould—this half crown is bad.

Prisoners Defence. I had been drinking all day with a gentleman, and the money must have been given me by him to compensate me for my misconduct.

GUILTY .— Confined Twelve Month.

Reference Number: t18571026-1037

1037. CATHARINE O'BRIEN (30) was indicted for a like offence.

MESSRS. TINDAL ATKINSON. and W. J. PAYNE. conducted the Prosecution.

ANN HUBBARD . I live at No. 88, Holborn Hill On Saturday, 17th Oct., between 8 and 9 o'clock in the evening, the prisoner came in with a dark man; she asked for some ale, and paid a bad shilling—my daughter took it up, and said it was a bad one—I said, "It is, give me a knife;" and I took a knife, and cut it, and handed it back—the prisoner gave me a good sixpence, and I gave her change—she did not go away, she remained at the counter—in half an hour afterwards she asked for some rum—she paid for that with a good florin, and I gave her change—some time after that she called for half a pint of gin, and put down a bad florin—I told her it was bad—she said she did not think that—one of the customers then went to look for a constable, and I gave the bad florin to him—I marked it—this is it—there were two or three other persons drinking with her—the shilling which I cut has not been found.

Prisoner. I opened my gown, and put the shilling in, and said I would not put it with the others; I was very much intoxicated when I entered your house. Witness. No, you were not; if you had, you would not have been served—you were there about two hours, you were drinking with persons who came in—I did not notice that you put the shilling in your bosom—I saw you had a bundle with you.

SUSAN MARSHALL . I am the searcher at the Smithfield station. On Saturday night, 17th Oct., between 12 and 1 o'clock, the prisoner was brought in—I found this bad shilling, which she dropped from her clothes when she went to the cell—she said she had no money, but when I undid her clothes this fell from her.

MICHAEL CANNAAN . (City policeman, 223). I took the prisoner—I produce this pocket, which she was wearing in front of her, under her apron—I found in it 3s. 8 1/2 d. in good money, and two bad shillings—I produce this shilling given me by the last witness.

Prisoner. Q. I was very much intoxicated; have you ever seen me in bad company? A. You were intoxicated—I have seen you in bad company—I know the man that ran away from you—you gave a false address.

WILLIAM WEBSTER . These are all bad.

(The prisoner's statement before the Magistrate was here read, as follows: "I am the wife of a decent mechanic; I deny all knowledge of the bad money; my husband gave me a sovereign on the Saturday night; I laid out 5s. 9d. in tea and sugar, which was taken from me with my marriage lines and a duplicate; I was very much intoxicated; the people who were with me, I know them not; I never was before a Magistrate before.")

Prisoner's Defence. I am quite innocent of the charge; I had a sovereign, and laid out 5s. 9d., and bought some things, which were taken from me; I do not know where I was, nor where I got the bad money; I am very sorry I came to London; I am brought here quite innocent; my husband is a hard working man; my mother died eight months ago.

GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1038

1038. JOHN MILLS (49) was indicted for a like offence.

MESSRS. TINDAL ATKINSON. and W. J. PAYNE. conducted the Prosecution.

EDWARD CUMMING . I live in New Street, Cloth Fair, On Friday night, Oct 16th, J was in St. Paul's Churchyard—I went to Black Swan Court; the prisoner was standing at the corner of the court, and he asked me to go and get him a quartern of gin, and said he would give roe a half. penny—he gave me a bottle and a half crown—I went to the Black Swan, and asked for the gin, and gave the half crown which the prisoner had given me to Mrs. Barton, and in consequence of what she said, Mr. Kingston came out with me, and I wont to where the prisoner was—he was standing between St. Paul's Chain and the court—Mr. Kingston said to the prisoner, "You have told this boy to go and get a quartern of gin 'V-the prisoner said he had never seen me before—the prisoner had a, coat on his arm, and the person who gave me the half crown had a coat—I am sure he is the same man.

Prisoner. When the man that was with you asked you if I was the man, you said, "Yes" he asked you if you was sure; you said "Yea, it was a man with a coat on his arm I offered to go back with you, and I went back to the Black Swan.

MR. T. ATKINSON. Q. Having heard the prisoner speak to-day, are you sure he is the same man? A. Yes.

COURT. Q. How far was it from the place where you first saw him to where he was when you came back? A. I do not think it was so far as the length of this Court—when Mr. Kingston and I went back, I walked straight up to the prisoner—I do not know whether he saw me—he might have seen me, I walked close up to him—Mr. Kingston said, "Is that the man?"—I said, "Yes"—when we got to him, Mr. Kingston said, "You told this boy to get a quartern of gin?"—the prisoner said, "I never saw him before"—he said, "I will come back with you," and we all three walked back—I had never seen the prisoner before—I looked at him—I know him by his face and the coat on his arm.

HANNAH BARTON . I have the management of the Black Swan. On 16th Oct, this lad came in for a quartern of gin; he laid down a half crown—I saw it was bad—I called the waiter, Kingston, and gave him the half crown, and sent him out.

HENRY KINGSTON . I went with this lad to the corner of Black Swan Court—he pointed out the prisoner, who was standing between Paul's Chain, and Black Swan Court-the boy said, "That if the man"—I went to the prisoner, and told him he had sent that boy for a quartern of gin—he said, "I never saw no boy"—I told him he must go back with me—I took him by the coat, and he said, "Leave go my coat, I will walk quietly," which he did—he walked as if he were perfectly sober—when we went back, I sent for a policeman, and gave him into custody—I marked the half crown, and gave it to the policeman—the prisoner had a coat on his arm.

Prisoner. Q. Was I not rocking about as if I was intoxicated? A. You was rocking about, but when I spoke to you, yon walked steadily enough.

WILLIAM BLEACH . (City policeman, 363). I took the prisoner on Friday, 16th Oct., about 6 o'clock in the evening—I found on him 4s. in good money—this is the half crown that was given to me—I found on the prisoner one penny, and he gave a correct address.

EDWARD HARDING . I am inspector at Fleet Street station—I was on

duty when the prisoner was brought in—he was taken into the charge room, and just as he was taken away, I saw this bag where he had been standing—I opened it, and found in it two counterfeit sixpences, wrapped separately in a piece of paper, and a small piece of tobacco—I sent for the prisoner back—I said to him, "Is this your bag?"—he replied, "Yes, that is my bag"—I told him I had found in it two counterfeit sixpences—he made no reply to that.

WILLIAM WEBSTER . This half crown is bad, and these two sixpences are bad, and from the same mould.

Prisoner's Defence. I was in St. Paul's Churchyard, and this lad came with this man, and they took me; I had never seen the lad before; I was taken to the station, and the money stated found on me; the officer sent for me, and said, "Is this your bag?" I do not know anything about the bag, or anything in it; I never saw it.

EDWARD HARDING . re-examined. I said to him, "Is this your bag?"—he said, "Yes, that is my bag"—the other officer heard it as wall as I did.

GUILTY .— Confined Twelve Months.

OLD COURT—Thursday, October 29th, 1857.

PRESENT—Lord Chief Baron POLLOCK.; Mr. Justice ERLE.; Mr. Justice WILLES.; Sir JOHN MUSGROVE ., Bart., Ald.; Sir ROBERT WALKER CARDEN ., Knt., M. P., Ald.; and Mr. COMMON SERJEANT.

Before Lord Chief Baron Pollock and the Fourth Jury.

Reference Number: t18571026-1039

1039. WILLIAM SULLIVAN (33), and JAMES BOLYNE (28), Feloniously forging and uttering a 5l. Bank of England note.

MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.

CHARLES COWLAND . I am a tailor, at No. 65, St. Martin's Lane. On Tuesday, 13th Oct, the prisoners came to my shop—Sullivan said, "Show this gentleman a coat," pointing to Bolyne—I showed him some, and he tried on several—Sullivan examined them, and told him whether they fitted—at last they chose one—Sullivan said, "I think that fits you very well," and Bolyne said, "Very well, we will have it"—the price agreed upon was 28s.—he then asked to be shown a waistcoat—I showed him several—he chose one at 8s., 6d.—Sullivan said to Bolyne, "You had better pay for them," and Bolyne gave me a 5l. note—I looked at it, and thought it was not a good one—I gave it him back, and told him to write his name and address on the back, which he did—this (produced) is the note, and this is what I saw him write, "William Walters, 16, Princes Street"—I then said, "I must go and get change"—I went out, and showed it to Mr. Clarke, at Bull and Wilson's—I then returned to the shop—I looked in, and, thinking the prisoners were still there, I ran over to Luxmor's to be certain whether it was good or not—when I came back neither of the prisoners were there—I had seen a policeman when I went out, and told him to watch them—I went with him in search of them, and as I returned I saw Sullivan standing in a doorway on the opposite side of the way—I immediately went over to him, and said, "It is a strange thing your friend should go away and leave the 5l. note and the change; I have the change for him; where is he?"—he said he had only gone to get a glass of ale, he would be there directly—a

man and woman were passing at the time, and he spoke to them, and was going away with them, but I beckoned the policeman over, and gave him into custody—he was asked about the note, and said he knew nothing about it—the place where he was standing was the doorway of an empty house, about three doors down on the opposite side of the way to my shop—it was dark there.

Cross-examined by MR. RIBTON. Q. What time in the evening was this? A. Between 5 and 6 o'clock—I rang down one of my men while they were in the shop, and another one came in, and I left him there, while I went for the change—there was no one in the shop with me at the time they came in—I am sure Sullivan spoke first—they may have been there five or ten minutes—Sullivan did not leave the shop before I did—I am sure of that—I am positive Sullivan was in the shop when Bolyne gave me the note—he was close to him—Cook was in the shop at the time—he is a worker up stairs—I called him down to stay there—I do not know whether he was in the shop when Bolyne gave me the note; I am not certain—I am quite positive that Sullivan had not left the shop—it must have been very near 6 o'clock when I found Sullivan standing in the doorway—I saw nothing of Bolyne—he did not say then that Bolyne had asked him to go in with him and see the coat tried on—I believe he said so at the police court; no, I believe it was Mr. Lewis that said that—I did not hear Sullivan say it—I did not hear either of them address each other by any name in the shop.

GEORGE THORNTON CLARKE . I am a partner in the firm of Bull and Wilson, cloth merchants, at No. 52, St. Martin's Lane. On the evening of 13th Oct. Mr. Cowland made a communication to me; in consequence of which, I went to his shop, and saw the prisoner Bolyne there—I did not see the other—Bolyne said that Mr. Cowland was a long time in getting change—I said he would be back in a moment; he had better wait—he said be would go and get a glass of ale, and walked out—I pointed him out to Mapstone, the policeman, and told him to watch him.

Cross-examined. Q. Was there anyone else in the shop at the time you saw Bolyne there? A. Two or three of Mr. Cowland's workpeople were there when I first went in—I saw Mr. Cowland seven or eight minutes afterwards—I saw Bolyne leave the shop and cross the road, and then left the policeman to watch him.

GEORGE MAPSTONE . (Policeman, F 92). On 13th Oct., I was passing down St. Martin's Lane; in consequence of something Mr. Cowland said to me, I went into a shop next the house—I saw a man come out and followed him, but I lost him while turning round to speak to Mr. Cowland—I afterwards returned to where I had been standing before—Mr. Cowland beckoned to me, and I took Sullivan into custody—I told him the charge; he said he knew nothing about it—he gave the name of William Sullivan, and said he was living with his father, at No. 6, Short's Gardens, Seven Dials—I went there, but found nobody corresponding with Sullivan.

JOHN COOK . I am in the employment of Mr. Cowland. On the evening of 13th of Oct. I was in the shop, when he went out to get change for a 5l. note—the prisoner Bolyne was in the shop—I saw another man leave the shop as Mr. Cowland was about to leave to get change—he left as Mr. Cowland took up the note.

Cross-examined. Q. You did not see them come in? A. No—I saw Mr. Cowland take the note as I came into the shop—I did not see who gave it to him—Bolyne was sitting in a chair by the counter—the other man

was standing by the inner door, about a yard from him—he was not looking out of the window.

HENRY WEBB . I am a detective officer of the City police. On 17th Oct I apprehended Bolyne at the corner of a street, in Foley Street, Fitzroy Square—I told him I wanted him for uttering a forged note, at a coffee shop in Holborn, on or about the 1st Sept—he said "I know nothing about it; I thought you wanted me for a 30l. bill"—I took him to the station—he there gave the name of John Bolyne, but refused his address.

Cross-examined. Q. Was he searched? A. I searched him—I found on him a betting book; he said he had been engaged in betting on the turf for sometime—he did not say that he had received any money lately due to him.

ARTHUR STEADMAN . I am landlord of the house at No. 6, Short's Gardens, Seven Dials—neither of the prisoners lived there to my knowledge—I do not recollect either of them.

Cross-examined. Q. Is it a lodging house? A. Yes, there are a great many lodgers—I cannot tell what persons may visit the lodgers—Sullivan may have slept there for aught I know.

COURT. Q. Do you know whether Sullivan's father lodges there? A. No, I do not—I have got a tenant named Sullivan, but he only came on the 10th Oct—he is much older than the prisoner—he may possibly be his father—I cannot say—he is still there.

ROBERT PILSON . I live at No. 16, Princes Street, Leicester Square—I do not know either of the prisoners—Bolyne has not lived there within the last four years to my knowledge—that, is the time I have lived there.

JOHN PHILLIPS . I keep a coffee shop in High Street, St. Giles—on the last Tuesday in August, Bolyne came to my house with two females—they had refreshments—while he was there I saw him take out a quantity of bank notes, as I supposed, out of his pocket—they looked like bank notes—I told him he had better put them in his pocket, because, perhaps, he did not know the neighbourhood he was in—I was afraid he would lose them—he put them back into his pocket—in the course of the day he said, "I wish you would get me change for a fiver "—I told him I could not change it myself but I could get it for him—I went out and showed it to one or two of my neighbours—I then came back and offered to give him change if he would write his name at the back of the note—he did so—this (produced) is the note—he wrote, "William Howard, No. 5, Albany Street, Regent's Park."

GEORGE WHITE . (Policeman, S 230). I was living at No. 5, Albany Street, from the 29th Sept 1856, to the 29th Sept 1857—it was an empty house, and I was taking care of it—neither of the prisoners lived there, nor anyone except my wife and family.

RICHARD LEMON . I keep a coffee house at No. 22, Compton Street. On Sunday, 11th Oct, Bolyne came to my house with two others—they had something to eat and drink, and he paid for it with what appeared to be a 5l. note—this (produced) is it—he wrote this name on it, "Jonathan Ricards, 31, Percy Street"

JOSEPH MARSHALL . I live at No. 31, Percy Street, Tottenham Court Road—Bolyne never lived there.

JOSEPH BUMSTED . I am inspector of notes to the Bank of England. These three notes are all forgeries, and from the same plate.

CHARLES COWLAND . re-examined. I can undertake positively to say that Bolyne is the man—I have not always been certain—I had a doubt at the police court—he was so altered; but I am perfectly satisfied he is the man—he

was dressed very differently then, and had a slouched fur cap over his head.

BOLYNE— GUILTY .— Fifteen Years Penal Servitude.

SULLIVAN— GUILTY .— Four Years Penal Servitude.

Reference Number: t18571026-1040

1040. MARY ANN WOOD (18), Feloniously setting fire to the dwelling house of the Directors and Guardians of the poor of the parish of St. Mary. lebone, Richard Thomas Tubbs and other persons being therein.—2nd COUNT, With intent to injure the said directors.—3rd COUNT, Feloniously setting fire to certain oakum, with intent to set fire to the said dwelling house.

MR. METCALFE. conducted the Prosecution.

JOHN NODES . I am one of the directors and guardians of the poor of the parish of St. Marylebone. On Oct. 9th, I attended a meeting of the board, and afterwards; in company with some other gentlemen; I went round to see the state of the house—when I came to the ward in which the prisoner was, I discovered a great quantity of water on the floor—I went in and saw that a quantity of oakum had been, burnt, and the floor was burnt about three quarters of an inch down in depth; it was very much charred for about two feet round—there were four females in the ward—I asked who had set fire to the oakum, and the prisoner replied, "I have done it, and I will do it again "—I fetched the master and matron, and they gave her into custody—over this ward is the sleeping ward of the elderly women.

MARY QUINLAN . I was an inmate in the workhouse on Oct 9th, in the same ward with the prisoner—I did not see her do anything on that day—I saw the oakum on fire on the floor, and I fetched a pail of water, and threw it on the fire—I do not know who set it on fire; I did not see anybody set fire to it—I did not see the floor burning, only the oakum—the prisoner was in the yard when I threw the water on it; she had been in the ward before that.

RICHARD THOMAS TUBBS . I am assistant overseer of Marylebone parish—the workhouse is in that parish—after the fire, I saw the prisoner in the able bodied women's ward, where Quinlan was and two others—I saw about eight or nine pounds of oakum burnt on the floor, and a space of somewhat more than a yard in extent charred to the depth of about three quarters of an inch—we' have since had it taken up and examined—I inquired who had set it on fire—the prisoner was just outside the ward door, throwing her arms about in rather an excited manner—she said, "I did it, and I will do it again "—she went some little distance across the yard; and said; "I will fire the b—place; I won't work."

ELIZA PARKER . I am assistant matron of the workhouse. On the day before the fire, at nine o'clock in the morning; I went into the ward, and said to the prisoner, "Are you at work?" she said, "No, I won't do any work while I am in the workhouse; I will burn the b—place down first; I will go to prison before I will work"—I said to her, "Don't burn; do anything else but burn; there: are so many old ladies around your ward; we could not assist them; wait till the next board day, and I will speak to the gentlemen, and they may move you to some other part of the house."

Prisoner Not one word she says is true; did you hear me say "I will burn the place"?, Witness. Yes; and the other girl were there.

Prisoners Defence. None of us could do the oakum; we were going to throw it down the closet; one of them said, "No, it will stop it up; let us burn it;" three of them gave me the oakum, and I set light to it; and three of them went out into the yard, and left me there by myself.

GUILTY., on 3rd Count.—Recommended to mercy. — Confined Twelve Months.

NEW COURT.—Thursday, October 29th, 1857.

PRESENT—Mr. RECORDER.; Sir HENRY MUGGERIDGE ., Knt., Ald.; and Mr. Ald. HALE.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18571026-1041

1041. ROMAINE DELATOIRE (22), Embezzling 25l.; the moneys of Henry Booth Clark, his master: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1042

1042. WILLIAM ROBERTS (36), Burglariously breaking and entering the house of Frederick Gayford, and stealing 2 frocks and 2 petticoats, his property: to which he

PLEADED GUILTY . *— Three years Penal Servitude.

Reference Number: t18571026-1043

1043. LEON THOMAS (20), Embezzling 1l., 13s., 11l. 17s.; also, 1l. 19s. 4d., 16l. 14s., and 26l. 12s.; the moneys of Levin Lee and another, his masters: to which he

PLEADED GUILTY .— Confined Twelve Months

Reference Number: t18571026-1044

1044. WILLIAM SNIPE (39) and GEORGE WRIGHT , Stealing 6 bottles of wine and other articles, value 1l. 13s. 6d.; the goods of Charles Hickey Bowen, the master of Snipe: to which

SNIPE PLEADED GUILTY .

MR. LAXTON. conducted the Prosecution.

JOHN MOSS . (City policeman). On the morning of 26th Sept I watched the premises of Mr. Bowen—I saw the prisoner Wright; he placed himself at the and of a passage leading to Mr. Bowen's premises—after he had been there about a quarter of an hour, he went inside, and Snipe came out, apparently to look round—he returned in again, and Wright came out with a hamper—I followed him with the hamper to No. 28, Cannon Street Road—he went up to the door, and inquired for Mr. Brierly, and he produced this note, which I took from him and opened—Mr. Brierly came to the door, and Wright said he had brought this hamper from Mr. Snipe—Brierly said he knew nothing of it—Wright said, "This is No. 28 "—Brierly said, "Yes, but there are more twenty—eights than this"—Wright said, "I have got a note from Mr. Snipe"—I then came up, and said to Mr. Brierly, "Your name is Brierly"—he said, "Yes, but I know nothing of this "—I then asked Wright what he had got, and he said a hamper, which he had brought from Mr. Snipe, in Fenchurch Street—this is the note he had—(Read:"To Mr. Brierly. Please let the bearer have 10s.; I am hard up. I shall see you this evening;, with something else. W. Snipe")—I left Wright in charge of an officer—I went in, and searched Brierly's house—I came out, and took Wright to the station; Brierly was taken, but was discharged.

CHARLES HICKEY BOWEN . I am a wine merchant, of No. 1 Fenchurch Street Snipe was my foreman and manager—I know a little of Wright; he was once, employed there—I was dissatisfied with him, and desired the foreman not to let him come there—I was away, in the Isle of Wight, for a few weeks—the bottles which are in this hamper are mine.

WRIGHT— NOT GUILTY .

Reference Number: t18571026-1045

1045. WILLIAM SNIPE was again indicted for embezzling 4s.; the moneys of Charles Hickey Bowen, his master; and GEORGE WRIGHT for aiding and abetting him to commit the offence: to which

SNIPE PLEADED GUILTY .— Four Tears Penal Servitude.

No evidence was offered against

WRIGHT— NOT GUILTY .

Reference Number: t18571026-1046

1046. EDWARD SAUNDERS (29), WILLIAM EDWARDS (26), and ELLEN HOWARD (22) were indicted for burglariously breaking and entering the dwelling house of Charles Venables and others, and stealing therein 4 coats, value 10l.; his property.

MR. SLEIGH. conducted the Prosecution.

HENRY GROVE . (Policeman, H 72). On the morning of 17th Oct. I was on duty about 3 o'clock, in Commercial Street, Whitechapel—I know Mr. Venables' premises—I saw the prisoner Edwards drop from the leads over the first floor—I was about thirty yards from him; I immediately ran after him, and sprang my rattle—I followed him about 300 yards—he went into a dark yard, and was brought out by another constable—I am quite certain he is the man—when Edwards dropped, I saw Saunders standing about five or six yards from the place, and Howard was very close to Saunders—when I pursued Edwards, they ran the same way that Edwards did—I passed both of them about forty yards from the spot—in a few minutes afterwards I saw them both in custody—on their being secured, I went into Mr. Venables' premises, and just at the spot where I saw Edwards drop I picked up this knife—I showed it to Edwards afterwards at the station, and asked him if he knew anything about it; he said it was his—I examined the premises, and found the window over the leads of the shop open about two feet, and there were foot marks along the leads to that window, and also marks where some person had been in, and in the room, on the carpet, were several matches that had been lighted—I think that window could not have been fastened—such a knife as this would have raised up the sash.

Cross-examined by MR. METCALFE. Q. There was another woman taken? A. Yes, she was discharged.

Cross-examined by MR. SHARPE. Q. Was Howard some hundred yards from the shop? A. No, about forty or fifty yards—she was on the same side as the other two prisoners, the same side as the shop is—when Edwards dropped off the house, I pursued him at once.

Edwards. Q. Did you see me drop from the premises? A. Yes—I was about twenty yards from you—I did not see you taken—I passed three or four lamps; I could see you very plainly.

MR. SLEIGH. Q. Have you any doubt that Edwards is the man? A. Not the least—Howard was thirty or forty yards off when I was pursuing Edwards.

COURT. Q. Did you see his features till after he was taken? A. No—I pursued him, and saw him turn into the court—I had not lost sight of him before he turned into the court—he was brought out in not more than one minute—it is a court where there is no thoroughfare—I saw no one else there but a carman with his horses.

WILLIAM LOWE . (Policeman, H 152). I heard a rattle spring, and saw a man run into a private yard—I was about twenty yards from him when I first saw him running—I saw the last witness pursuing him—I got into the court first—I did not lose sight of the man till he got over a wall in the yard—I got over after him—there was no other man at that time within my sight—when I took Edwards, he was quite out of breath—I handed him over the wall to the other constable.

GEORGE NETTLEFIELD . (City policeman, 648). On that morning I was on duty at the corner of Petticoat Lane—I heard the rattle, and saw Saunders and Howard standing in the middle of the road—I took Howard into custody—I found this bundle with her, which she was carrying under

her shawl under her arm—I said, "What have you got there?"—she said, "What is that to you?"—I turned my lamp on, and saw the body of a coat in the bundle—I said, "You have got a coat there"—she said, "Yes, I know I have, it belongs to my husband"—I said, "That won't do for me, you must go the station"—she threw herself down, and called, Fred!" several times—while conveying her to the station, she said that the bundle was given her by a sailor, in lieu of payment—it contains five coats—while I was with Howard, I saw Saunders with a female; he ran, and was pursued by an officer.

Cross-examined by MR. SALTER. Q. What distance were these two persons from the premises? A. It might be fifty yards—they were walking;—when they saw me, the man ran away.

Gross-examined by MR. SHARPE. Q. Howard did not run away?A. No—I have seen her frequently about—she was sober, I believe; I have always said so—I should say she was sober; she might have had a glass or so—(The witness's deposition, being read, stated: "I took Howard to the station; she was not sober.")

MR. SLEIGH. Q. What did you mean by that? A. She might have been drinking; she was not drunk.

THOMAS WARNER . (Policeman, H 207). I saw the last witness take Howard into custody—I saw Saunders at that time—he Ran away, I pursued him; I did not lose sight of him till I caught him—I brought him a few yards, and then he threw me on my back, and kicked me when I was down—I got up and pursued him again, and he made a run at me in a court in Whitechapel—I caught hold of him as he was passing over me—another officer came and caught him, and rescued me from him.

Cross-examined by MR. SALTER. Q. Where was the last witness? A. Two or three yards ahead of me—I saw him take Howard in charge—it was about forty yards from the place where I first saw Saunders to where he tripped me up, in about three minutes from when I first saw him—when I first saw Saunders, he was about forty yards from the prosecutor's premises, and when he tripped me up he was about thirty-five yards—he was not going in a direction towards the prosecutor's when I saw him.

WILLIAM DUNNAWAY . (Policeman, E 129). I saw Saunders running, and I ran towards him—I saw the last witness knocked down, and Saunders fell on him—the last witness said, "The city man has got the woman, and got the bundle"—I seized Saunders, and said, "I have got him safe"—he commenced kicking me on the legs violently—the other officer got up and assisted me, and we got further assistance, and got him to the station—he gave his address, Edward Saunders, No. 19, Hungerford Street—I have been there, and there is no such number in the street—I made inquiries for a person named Saunders—I could not find any such person.

Cross-examined by MR. SALTER. Q. Have you made inquiries how many Hungerford Streets there are in London? A. He gave his address No. 19, Hungerford Street, Commercial Road—I think there are twenty-two houses in the street, but there is no No. 19—there is an old dead wall—the houses have been pulled down some time, and there is a large factory built—I cannot say whether there are any other numbers missing—I inquired at several houses, and there was nobody living there of that name.

SARAH CUTTS . I am in the service of Mr. Venables—it was my duty to shut the windows and doors—I went to bed about 11 o'clock on the night before this, I did not go round to see that the doors and windows

were fast the last thing—I saw the window over the leads was shut down at half past 4 o'clock—I found some lucifer matches in the room over the leads the next morning—I had not put them there.

SAMUEL WAYMAN . I am porter to Mr. Venables—I fastened the doors on the night before this—the door under the leads was safe—I was called by the police, and found some of the fastenings of the back door had been removed which I had put up the night before.

CHARLES VENABLES . I am one of the proprietors of this establishment—I have two partners—this coat is mine, and was safe the night before—this other coat belongs to my brother—my house is in the parish of St. Mary, Whitechapel.

WILLIAM GARDNER . I am assistant to Mr. Venables. This coat is mine—it was sale the night before.

Edwards Defence. The constable was twenty yards off, and it was dark; I fell down, and got up and ran away; the other constable lost sight of me while I got over the wall; the first constable only saw my cost and cap, and how could he swear to me by that?

GUILTY .— Four Years Penal Servitude each.

Reference Number: t18571026-1047

1047. WILLIAM WALDEN (22), Embezzling 53l. 17s. 4d. 10l. 8s. 121l. 13s. 11d.;also 16l. 1s. 6l. and 9l. 12s. and 3d.; also 15l. 17s. 6d., 1l. 19s., and 10l. 6s.; also 54l., 72l. 13s. 2d., and 36l. 14s.; also 11l. 19s., 1l. 13s., and 5l. 8s., the moneys of the South Yorkshire and River Duit Railway Company, his masters; to which he

PLEADED GUILTY .

He received a good character.—Recommended to mercy by the Prosecutors,— Three Years Penal Servitude.

Reference Number: t18571026-1048

1048. WILLIAM WILLIAMSON (38) and THOMAS FLETCHER (46), Stealing 3 gallons of oil, value 18s.; the goods of Thomas Keating the master of Williamson: to which

WILLIAMSON PLEADED GUILTY.—Recommended to mercy by the Prosecutor. — Confined Eighteen Months.

MR. COOPER. conducted the prosecution.

STEPHEN MANSELL . I am errand boy to Mr. Keating—I was in the habit of going to his warehouse behind his house—I have seen Fletcher there hanging about—I have seen him speak to Williamson—on the Morning of 19th Sept. I looked down the trap door, and saw this bottle being filled by Williamson.

WILLIAM MILLS . I live at No. 3, Oxford Arms Passage, and am carman to Mr. Pritchard. On 19th Sept., between 8 and 9 o'clock at night, I heard a noise in the passage of my house as I was coming down stairs; I stopped a few minutes to ascertain what it was—I came down and heard some one under the stairs, and stopped a minute and saw Williamson with a bag on his shoulder—I asked what it was; he said a bottle he had to carry to the docks, and he was too late for the docks—I did not feel satisfied with the story, and he took the bag and went on towards Paternoster Row—I followed him, and saw him meet Fletcher, and give the bottle off his shoulder on to Fletcher's shoulder, and Fletcher gave him four or five shillings in silver—I let Williamson go down Ave Maria Lane, and I followed Fletcher to the top of Cheapside, where I saw Policeman 428—I took him with me, and we followed Fletcher, and came up with him in Cannon Street—I gave him custody on suspicion of having stolen property—the policeman asked him what he had got, and he said stuff he brought from Blackfriars Road, and he had made it to fry fish with, and was going to take it to some person

in Love Lane—he did not state at that time where he lived—he did at the station.

Cross-examined by MR. RIBTON. Q. How far were you from them when you saw Williamson go to Fletcher? A. Three or four yards—I did not hear what was said—I was near enough to see the silver pass—Fletcher gave the money to Williamson, I cannot tell how much—I will swear Williamson did not give the money to Fletcher—Fletcher took it out of his pocket and gave it to Williamson—I saw it was silver—I could tell it was shillings—I am not certain of the number—he shot it out of his hand into Williamson's.

JESSE BUSHROD . (City policeman, 428). Mills gave me information, and I followed Fletcher—I came up with him in Cannon Street and asked him what he had in his bag—he said a bottle of oil he had made himself, and was going to take it to some person in Love Lane to fry fish with—I took him in custody—he gave his address, No. 25, Broad Wall, Blackfriars—I went there, but could not find such a person—he said he was a hair dresser—I afterwards found his residence.

Cross-examined. Q. Is not oil what hairdressers was? A. I do not know—I followed Fletcher to Cannon Street—I tapped him on the shoulder—I do not know whether he was alarmed or agitated—he did not say any thing about Williamson—it was about a quarter before 9 o'clock in the evening he did not say Williamson had asked him to carry it—when he was a Guildhall the next day, he said Williamson had asked him to carry it—he said he had to carry it to the docks, and he acted as porter to Williamson.

MR. COOPER. Q. Did you take Williamson? A. Yes, the same night—there was 4s. 4½d. found on him, and 1s. 3d. on Fletcher.

THOMAS KEATING . I am a chemist, of No. 79, St. Paul's Churchyard—I have warehouses behind my house—I had a large quantity of cod liver oil—on that morning I had ordered Williamson to draw off a quantity of it—I believe this oil (produced) belongs to me.

Cross-examined. Q. How long had Williamson been with you? A. Four or five years—I have not seen Fletcher there—I have not heard that he was security for Williams to a loan society.

(FLETCHER received a good character.)

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

Reference Number: t18571026-1049

1049. WILLIAM EDWARDS (16), Feloniously putting and placing on the North London Railway certain wood, stones, and bricks; with intent to obstruct and injure the engines and carriages using that railway.

MR. BODKIN. conducted the Prosecution.

JOSEPH REYNOLDS . I am in the service of the North London Railway Company. On 21st Sept. I was on the line between Highbury and Kingsland—there is a curve in the railway there—a regular passenger train passes there besides the goods train—about 3 o'clock that afternoon I saw the prisoner and another lad on the bank, but the prisoner was alone when he was on the line—there is a brickfield near that part—I saw the prisoner and the other come down the bank, and put bricks and stones on the outside rail of the up line—they went up the bank—a train soon after passed the up line—the prisoner and the other boy then went up the bank, and another train passed—the prisoner and the other then crossed to the down line, and put on it a piece of stick, which appeared about the size of the handle of a shovel—on our calling out they took that off and went up the bank again—I came round to the prisoner, and asked him what he had done that for,

and took him into custody—I only saw the prisoner put the things on the line—I took him to the station—I then went down to the railway, and saw the bricks and brickdust on the up rail, and the piece of stick on the other rail, which had been run over, and cut through.

Cross-examined by MR. METCALFE. Q. How far were you from the boys? A., About 150 yards; no one was nearer than I was—this was going on for half an hour or more—we had plenty of work to do without going to them—when we called to them, we expected they would go away—there were two other men with me—some of the bricks were whole, and some bits of bricks.

ME. BODKIN . Q. What were you doing? A. I was at work on the line, repairing it—after the first train passed I called to the boys, and they went up the bank—I saw them come down a second time—before the second train came, there was a coal train passed—after that I had not time to go to them before the train came—they run there every seven minutes.

CHARLES COWDERY . I am a plate layer on the North London Railway, I was at work near the same spot with the last witness—I saw the prisoner come down the bank, and lay something on the line—there was another boy with him—after that they went up the bank—they then went down again to see what was done, I suppose—they then went up the bank, and sat down for two or three minutes—they came down again, and crossed on to the down line, and put a piece of wood on that—they went up again, and directly the train came, and then this boy came down and took the piece of wood up.

ARTHUR LAWRENCE . I am a watchman in the employ of the North London Railway. I was at Highbury station when Reynolds brought the prisoner, between 3 and 4 o'clock—he stated, in the hearing of the prisoner, that he had been putting some stones or bricks on the railway—I said, "Are you certain this is the boy?"—he said, "Yes, I never lost sight of him"—the prisoner said he only put some pins on—I said, "You have put bricks and stones"—he said, "I only did it to four trains"—I went to the place and saw the bricks, and they had been crushed—I found the piece of wood.

THOMAS GARTON . (Policeman, N 111). The prisoner was given into my custody—I went to the place pointed out by the witnesses—I found these bricks on the line, which had been fresh cut—I also found this stick.

NOT GUILTY .

Reference Number: t18571026-1050

1050. JOSEPH HIRD (22), Stealing 1 watch, value 4l.; the property of George Jackson, from his person; and JAMES NIXON (44), Feloniously receiving the same: to which

HIRD PLEADED GUILTY . *— Six Years Penal Servitude.

NIXON PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18571026-1051

1051. GEORGE REDPAT (23), and JOSEPH ORCHARD (29), Stealing 354 lbs. weight of yellow metal, value 15l.; the goods of Edward Budd and others, in a barge, on the Grand Junction Canal: and THOMAS GOODMAN (34), Feloniously receiving the same.

MESSRS. COOPER. and METCALFE. conducted the Prosecution.

CHARLES THOMAS GAYLOR . (City policeman). On 2nd Oct. I marked five tons of yellow metal, at Messrs. Vivian's, at Castle Baynard Wharf—on the following Tuesday I saw the barge start with that metal on board—I went

to Brentford about 6 o'clock—that evening, and saw the barge come uthe canal; Redpath and Orchard were on board of it—after they got under Brentford Bridge, they pulled on one side, and Redpath left and went into Brentford town—I saw him go into the Half Acre, and lost sight of him—the back of Goodman's premises leads into it—I saw Redpath return in less than half an hour—he went to the barge again, and they went through the lock—they then pulled on one side, and Redpath and Orchard both left the barge, and went into the Six Bells public house, near Brentford Bridge—the next morning I was with Fielder, and saw Goodman driving a cart nearly a quarter of a mile from where the barge drew up—Fielder hailed him, and asked for a ride—he did not stop—I then got up into the cart, and found in it three bags, which contained these sheets of yellow metal—I asked him how he accounted for what he had got—he said it was some metal he had bought of a man named Redpath, a bargeman, who was gone on to Bull's Bridge—I asked what weight he had got—he said he did not know, he had not weighed it—I examined the metal, and saw it was the same that I had marked previously—I told him he must consider himself in my custody—I sent him on with Fielder, and went with Allen to Bull's Bridge—I saw Orchard there, and took him; the superintendent asked him whether he had stopped on the road; he said that he had not stopped anywhere, he was positive—he was asked if he was sure he had not left anything at the Cherry Tree; he said, "No," he would be on his oath he had not—I took him into custody, and went on board the barge, I searched the cabin and found in it 50 lbs. of pieces of metal which were marked—they were doubled up, and were under Redpath's bed—when I had seen the metal put in the barge it was in flat sheets, and screwed down with boards—they were in 5 cwts.—I afterwards searched Goodman's house—I found a book there, but there are no entries in it.

Cross-examined by MR. RIBTON. Q. Was Redpath captain of the barge? A. Yes—the other man acted under him, I believe—the barges usually stop at Brentford Bridge—that was the first time Redpath got out—he went to the Half Acre, and there I lost sight of him—he came back, and he and Orchard both went on, and stopped at a public house for about two hours and a half—I believe there were other bargemen there—Orchard came out, and I followed him to the barge—I did not go into the barge, it was then laid up for the night—I saw it the next morning, and the only copper I found was under Redpath's bed.

Cross-examined by MR. SLEIGH. Q. The copper you found with Goodman he was driving in an open cart? A. Yes—he keeps a marine store dealer's shop—he deals in old iron, and rags, and bones—I asked him what he had got before I looked in the sacks, and he immediately replied "Old metal."

ROBERT ALLEN . (City policeman, 321). On 6th Oct, I accompanied the last witness to Brentford—I got there about 5 o'clock in the afternoon—I saw the barge—about half past six o'clock I went to the Six Bells—I saw the three prisoners there in the parlour—they were by themselves, till I sat down at the same table—I saw Goodman leave the house, and about five minutes afterwards Redpath followed him—they were absent about five minutes—they returned, and Redpath sat down by the side of Orchard, and I heard Redpath say to Orchard, "The horse and cart will be at Windmill Bridge in the morning"—I saw Goodman pay for several pints of beer which the other two prisoners partook of—at a later part of the evening I heard Goodman ask Redpath what time the barge horse would be ready in the

morning, and Redpath replied, "At half past 4 o'clock"—they left the public house about 10 o'clock—on the following morning I went to the end of a lane leading to the premises of Goodman; I saw him come out with an empty cart, he went down the Half Acre, in the direction of the Hanwell Road—I was unable to keep pace with the horse, and I lost sight of him—it was about half past 6 o'clock when he left the Half Acre; and he went in the direction of Windmill Bridge—about 8 o'clock I saw him return in a direction from the Cherry Tree beer shop—I saw there was then some thing in the cart, in sack—I followed and called, and saw the cart stopped—I found in the barge a windlass handle, I fitted it to the screws which screwed the plates of metal down—it fitted them exactly.

EDWARD FIELDER . (Policeman, T 157). I accompanied Gaylor; I stopped Goodman in the cart, and found the metal in it—I remained in change of Goodman when Gaylor went away—Good man said he was going to give 6d. a pound for the metal, and he should get 7d.—he afterwards said he gave 50s. to Redpath—I took him to the station.

JOSEPH WEBB . I am a carter, in the employ of the Great Western Railway Company. (On Wednesday morning, 7th Oct., (I took a barge with two horses, from Brentford to Bull's Bridge—Redpath was captain, and Orchard was on board—when we were at Windmill Bridge, Redpath ordered me to stop, and three bags were taken out of the barge by Redpath and Orchard—they were taken by the Cherry Tree—I could not see what was in them—they were like these produced—I cannot swear to them—they were left, and I drove on.

Cross-examined by MR. RIBTON. Q. How near to the Cherry Tree was they left? A. I cannot say; I suppose about a quarter of a mile—then are two or three other public houses over on the other side of the bridge—the Cherry Tree is the nearest—this was about 7 o'clock in the morning.

THOMAS FINNIS . I live at Castle Baynard Wharf, and am in the employ of Messrs. Edward Budd and others, who trade under the firm of Vivian and Co.; they have works in Wales. On 5th Oct., a constable came and marked some metal—I saw it; it belonged to my employers—I saw it put in the barge, which went away in charge of Redpath, as captain, and Orchard, as mate—they were to take the whole of that to the Great Western Railway, to go to Wales—there ought to have been five tons, exactly—I after wards went to Bull's Bridge and saw the cargo there—I weighed it, and it was 325 lbs. short of weight—the metal was worth from 11d. to 1s. a pound—what was missing was worth about 15l.—I saw the metal in possession of Gaylor; I saw the marks, on it.

COURT. Q. Have you weighed that which was found under the bed A. Yes; it weighs about 20lbs.

Cross-examined by MR. LAXTON. Q. Was that old metal? A. Yes, going to be melted—I do—not know the price of new metal.

JOHN MITCHELL . (Police inspector). On 7th Oct, I took Redpath into custody—I told him he was charged with stealing metal from the barge—he said he did not steal it—he asked if I had seen the manager—I told him yes, and he charged him with stealing some found under his bed.

Cross-examined by MR. RIBTON. Q. Do you know that Redpath lives in the Half Acre? A. I know it now. (Goodman received a good character.)

REDPATH— GUILTY. of Stealing. — Confined Eighteen Months.

ORCHARD— GUILTY. of Stealing. — Confined Twelve Months.

GOODMAN— GUILTY. of Receiving. — Confined Twelve Months.

Reference Number: t18571026-1052

1052. CHARLES GOODWIN (18), Breaking and entering the ware-house of Robert Leighton, and stealing 35 books, value 40l.; the property of Robert Leighton and others.

MR. SLEIGH. conducted the Prosecution.

RICHARD GROSE . I am a bookbinder, in the employ of Messrs. Leighton and Co. On 29th Aug. I was engaged in binding some books for them—about 5 o'clock that afternoon I left the premises safe, leaving the books there—on returning, on the following Monday morning, some books were gone, value twenty guineas each—there were two copies of these—the premises are covered with a skylight—that had been broken, so that a person could get in and out—on leaving on the Saturday night, the glass was entire—I left at 5 o'clock.

CHARLES THOMAS GAYLOR . (City policeman, 348). On the Monday morning I went to Mr. Leighton's premises—I found the skylight broken, and on the roof were footmarks—I traced them to the next premises—a person from those leads could get into Mr. Leighton's warehouse—I found some marks of boots on the dust bin—I compared the marks which I saw with a pair of boots which I procured with a duplicate which was found on the prisoner—I took the boots to the prisoner, and he said that they were his—here is one of the boots, which has three nails on each side, and a vacancy—the scratches corresponded with these nails—I got these books from the prisoner's brother.

Prisoner. I said that I had bought these boots. Witness. He said he had bought them of a person named Kendall, in Long Lane, five days after the robbery—he said the second time that he had bought them of a man of the name of Lee; that he did not buy them till after the robbery.

THOMAS PROCTER . I keep an oil and colour shop in Shoe Lane—there is a leaden flat over my parlour, by passing over which a person could get to Mr. Leighton's premises—the prisoner's brother lives on my premises at the top of the house—on Saturday night, 29th Aug., about 10 o'clock, I heard a noise of some person on the flat—I raised the skylight, and inquired who was there—the answer was, "Me"—I lighted a candle, and went and looked out, and said, "Who is there?"—the answer was, "It is all right, Mr. Procter; it is only me "—I imagined the voice to be the prisoner's—I knew him by seeing him come there repeatedly—I was quite familiar with his voice—in a quarter of an hour or twenty minute afterwards I saw the Prisoner come down stairs, and go through the shop into the street—he had been in the habit of coming every two or three days to his brother's.

Prisoner. Q. Can you swear it was my voice? A. Yes.

JAMES HAGGER . I remember hearing a noise on the flat on that Saturday night—it was something like glass breaking—I saw the prisoner on the lead—I did not say anything to him—I was going for a pail of water—the prisoner came out, and said that he only did it to frighten me—I saw him again one Saturday afterwards, I cannot say when.

ROBERT ALLEN . (City policeman, 321). I took the prisoner on 14th Sept—I asked him whether he had been at his brother's on the Saturday a fortnight previously—he said, "Yes"—I asked him what time—he said, "At 8 o'clock"—I asked whether he had been there after that—he said, "No, certainly, not"—I told him I should take him, for committing a burglary at Mr. Leighton's, in Shoe Lane, on 29th Aug.—I took him to the station, and found on him the duplicate of a pair of boots.

EDWARD JAMES GOODWIN . I am the prisoner's brother; lama bookbinder. The prisoner was in the habit of coming frequently to me—I gave these books to the officer, Gaylor—I found them on the Sunday

morning in my own kitchen—I had seen my brother at my place on the Saturday—he had been there all day—I saw him as late as 10 o'clock at night—while he was there during the evening I heard some glass break, and I sent Hagger, my apprentice, to see what was the matter—I saw my brother again on the Monday—I did not see him afterwards, because I told him to stop away.

Prisoner. Q. Do you know what boots I wore? A. You never wore those boots that have been produced, in my place—the boots you had were very bad ones.

MR. SLEIGH. Q. Did you make any particular observation on his boots that day? A. Not that I am aware of.

COURT. Q. Was he at work for you that evening? A. No.

NOT GUILTY .

THIRD COURT.—Thursday, October 29th, 1857.

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

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18571026-1053

1053. JOHN WILSON (54), Stealing 1 metal pot, value 1s. 3d.; the goods of William Inman: to which he

PLEADED GUILTY .— Confined Six Weeks

Reference Number: t18571026-1054

1054. JOHN BRADY (17), Stealing 1 watch, value 4l.; the goods of Edwin Bell, from his person: to which he

PLEADED GUILTY . *— Confined Twelve Months.

Reference Number: t18571026-1055

1055. GEORGE THORN (19), Burglariously breaking and entering the dwelling house of William Barrie, at St. Marylebone, and stealing there in 1 pair of boots, value 5s., the goods of Mary Ann Burnell; and 1 watch, value 19l., and 1 box, value 5l., the goods of the said William Barrie: to which he PLEADED GUILTY .— Confined Two Years.

Reference Number: t18571026-1056

1056. JOHN WILLSON (27), Burglariously breaking and entering the dwelling house of William Bull, at St. Pancras, and stealing therein 8 spoons 1 seal, and other articles, value 4l., and 6d. in money, his property; and 2 shawls and other articles, value 5l., the goods of Susan French: to which he

PLEADED GUILTY .— Confined Two Years.

Reference Number: t18571026-1057

1057. WILLIAM OLIVER . Embezzling the sums of 2s. 7d., 7s., and 5s.; the moneys of William Augustus Frederick Powell and another, his masters.

MESSRS. SLEIGH. and LEWIS. conducted the Prosecution.

WILLIAM AUGUSTUS FREDERICK POWELL . I am a partner in the firm of Powell and Sons, stone bottle manufacturers, of Bristol; we have a branch at No. 27, Endell Street, Soho. I am also a partner in the firm of Powell and Ricketts, glass bottle manufacturers; the prisoner was in the employ of both those firms—they both contributed an annual sum to his salary—it was part of his duty to get orders in London, and to forward them to us; we then send the goods up to him invoiced to the parties, but the invoices passed through his hands; they were made out in the name of William Powell and Sons—the prisoner was authorised to receive money for us, and he used to return a monthly account to us of such receipts—in Nov., 1856,

I sent up some goods for Messrs. Keys and Son, value 2l. 6s. 7d., through the prisoner—this (produced) is his cash account for Nov.; it is in his writing—here is an entry in it of cash received from Keys and Sons, on 28th Nov., 1856) 2l. 4s., and 2s. 7d. is allowed as discount—I have no record of goods valued 14s. sent up to Messrs. Keys; but I have a record of 7s. paid—in the list on 24th Dec., here is a receipt from Messrs. Keys of 2l. 1s. 6d. cash; paid 1l. 18s.—there is also a receipt of 7s. 7d. on 23rd Dec, but the name has been erased, and Messrs. Hicks' name introduced instead—there is also an account of 7s. on the 29th, but the pen has been run through the name, and the name of Hicks inserted—I do not know in whose writing that name is; but the name "Keys" is in the prisoner's writing—I believe the name Hicks is not his, but I should not like to say—on 10th Feb., this year, some goods, amounting to 5s. 6d., for Mr. Murrell, were delivered from the stores; here is no receipt for that—Mr. Murrell's name does not appear in the account at all.

Cross-examined by MR. LILLEY. Q. You carry on a considerable amount of business, I believe? A. Yes—there is great pressure of business in small matters just before Christmas—the prisoner has been in the employment full seven years; he succeeded his father, who was in our employ many years up to within the last eighteen months or two years—I have not known the prisoner and others in the employment to be occupied from 5 o'clock in the morning till late at night—I never gave authority for two small orders to be clubbed together—I am not aware who Mr. Hicks is—we do not allow discount on little transactions of this kind—a commission is allowed to agents from 5l. to 10l. per cent, according to the transaction.

MR. SLEIGH. Q. Was it the prisoner's duty to return item for item what he sold? A. Yes; it was his duty to set forth the commission he allowed, but not the name of the person—if he allowed John Smith 5s., he would not state it in the account; he would keep a book for that purpose.

JOHN THOMAS KEYS . I am one of the firm of Keys and Son. We have been in the habit of paying money to the prisoner on account of Powell and Sons—this receipt for 2l. 6s. 7d. I paid to him myself, and this one for 14s. is his writing.

Cross-examined. Q. What year was it? A. Last year—a carman came with him once or twice; I do not know his name—he assisted the prisoner with the bottles into the house, and the prisoner receipted the bill.

---- MURRELL. I keep the Hercules Pillar public house, No. 18, Great Queen Street In Feb. last, I paid the carman 5s. 6d. for goods delivered to me by him previously—the prisoner was not with him.

ROBERT REEVES . I am a carman in the employ of Powell and Sons—I received 5s. 6d. on this receipt, and handed it to the prisoner.

Cross-examined. Q. When? A. On 11th Feb., at the depots No. 34, Endell Street—there is a great deal of business just before Christmas—the men come to business at 6 o'clock in the morning; they do not continue after 9 o'clock—independent of customers obtained by agency, there are a number who come to the establishment for small orders—I keep an account of the money I receive.

The prisoner received a good character.

NOT GUILTY . (See page 804).

OLD COURT.—Friday, October 30th, 1857.

PRESENT—Lord Chief Baron POLLOCK.; Mr. Baron MARTIN.; Mr. Justice WILLES.; Mr. Ald. ROSE.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.

Before Lord Chief Baron Pollock and a Jury half composed of Foreigners.

Reference Number: t18571026-1058

1058. JOSE DE ROSARIO (22) was indicted for the wilful murder of George de Mettras: he was also charged on the Coroner's Inquisition with the like offence.

MR. SLEIGH. conducted the Prosecution.

ALICE WHITEHEAD . I am an unfortunate girl, and live at No, 10, Cock and Neptune Court. I knew the deceased George de Mettras—he was a Greek sailor—on Sunday evening, 20th Sept., between half past 8 and 9 o'clock, I saw him in the Cock and Neptune public house—a girl named Neale was with me, and the prisoner was talking to her—the prisoner gave me a slap in the face; that was outside the public house—the deceased asked him why he struck a girl—he replied that he did not care, he would strike English, Spanish, or Greek—they stood talking together, and I went into the Cock and Neptune—I saw them again about five minutes afterwards—the witness Walter came in, and said they were going to fight, and I went out; they were then against the last window of the Cock and Neptune, and the witness Peters was taking a knife away from the prisoner—the deceased was then on the ground, by Mr. Rockle's door, doubled together—I heard him say, "I am killed."

Cross-examined by MR. ROBINSON. Q. Do you live in that neighborhood? A. Yes; I had known the deceased about a couple of days—I had not been with him at all, no. more than drinking, in company together—I had never been with the prisoner—I first saw him on the Sunday night, between 6 and 7 o'clock; I was not in company with him, only in the same public house—Neale and I were having' a few words, through the prisoner having offered me a shilling on the Saturday evening; I refused it—there were several people in the public house, not a great many people like myself; the prisoner had asked me to go with him on the Saturday, not on the Sunday; we had no words together on the Sunday evening until he struck me—it was outside the Cock and Neptune that he struck me; I was standing between him and Neale, whom he was talking to; she was telling him what I had been saying to her about him—I said nothing to him—I did not hear the deceased ask the prisoner to fight; I did not see them fighting; I saw no blow given on either side, I only saw the knife taken from him—there were a great many people round; they appeared in an excited state.

COURT. Q. What countryman is the prisoner? A. A Spaniard—it was dark; this is quite a low neighbourhood—I was examined before the Coroner—I was not there at the fight—they had words together in their own language—I did not hear the deceased ask the prisoner if he would fight English, nor hear the prisoner say, "Yes," and see them fight—I did not see them fight at all, or see an open knife in the prisoner's hand.

ELLEN WALTER . I am servant to Mr. Rockle, a lodging house keeper, at No. 3, Neptune Street. Between 8 and 9 o'clock on this Sunday night I saw the prisoner and deceased by our door, about twenty yards from the Cock and Neptune; they were scuffling together, I mean having some words—the prisoner had hold of the deceased by the wrist, and he wanted him to come to the dark, to fight; the deceased said, "No, come in the light"—it

was light where they were standing, but further up the street it was dark—they came into the light, and the deceased said, "You have got a knife "—the prisoner said, "I have got no knife," and with, that he pulled out the knife, and gave him three or four stabs; I did not see him fall—I ran down into the kitchen, where I lived, and made an alarm; when I came up again, a number of people had collected round—the deceased was standing when the stabs Were given, and then he fell down close by me—I had not seen him strike the prisoner before he gave him the stabs; I saw no blows whatever.

Cross-examined. Q. You say when you first saw them they were scuffling; what do you mean? A. They were having some words; the prisoner had hold of the deceased by the hand, trying to pull him along; the deceased was not doing anything; he did not seem to have any power—the prisoner had both his hands in his one hand—the deceased had no power; he did not make any attempt at a blow, or anything else—the prisoner took him all unawares with the knife—the blows were all done in a minute—I was about two yards from them at first—the witness Emblow was there, but not quite so near—I did not notice any one else there.

RICHARD COULE . I am a bricklayer, and live at No. 2, Princes Street, Whitechapel. Between 8 and 9 o'clock on Sunday evening I was walking along Neptune Street, and saw the prisoner and deceased quarrelling, as I thought—I saw the prisoner stab the deceased once with a knife, and run away—I was there just in time to see the last blow given; I ran after the prisoner, and stopped him, and the policeman H 98 came up.

Cross-examined. Q. How near were you when you saw the blow struck? A. Within six yards—I saw several other persons; they seemed excited.

CHARLES GASCOIGNE . (Policeman, H 98). I took the prisoner into custody, and took him to the station; I told him I had got him in custody for stabbing a man—he said, "Yes, me stab him twice"—he was in a very excited state when I first took him—he was running.

ELIZABETH COLVERT . I live at No. 10, Neptune Court, the same house that Whitehead lives in—I was in Neptune Court on this Sunday night—I heard the deceased say to the prisoner, "What did you strike the girl far?"—he replied he did not care, he could fight either English, Spanish, or Greek—the deceased said, "If I was there, I would not let you or anybody else strike either Alice or Betsy while I was there"—with that I do not know what occurred in their own language.

ANNE EMBLOW . I am the wife of Charles Emblow, a tailor, in Neptune Street—on this Sunday night I was in Neptune Street, and saw the prisoner and deceased quarrelling—I could not understand what they said—the deceased said, "Come to the light," and the prisoner said, "Stop here," and they scuffled together—the deceased said to the prisoner," You have got a knife;" the prisoner said, "I have got no knife," and then he drew a knife from his left side, and stabbed the deceased two or three times—he fell to the ground saying, "I am stabbed "—I ran for assistance—I had not seen the deceased strike the prisoner at all.

Cross-examined. Q. You say they were scuffling together? A. Yes, I mean they seemed to be shoving one another about—there were only me and the servant there—the prisoner and deceased were in the road by themselves—the deceased was a tall man, rather thinnish—I had known him six or seven months living about there—I had never seen the prisoner before—I had seen him that night before this happened—he was not with either of the girls—he come out of the King's Arms, which is two or three doors from

the Cock and Neptune—I had not seen Whitehead or the other girl that evening—I know them by sight—I believe the prisoner speaks English very imperfectly—the deceased could speak it better.

GEORGE PETERS . I am a Greek sailor. I used to lodge in the same house with the prisoner—I knew the deceased—on the night this happened I was in Neptune Street—I saw the prisoner and deceased in the street—they had words together first; I could not understand what they said—I understood the deceased to say that if he had any wish to fight, he would fight in English fashion—the prisoner had his hand constantly in his breast—he told the deceased he should like to fight in the English fashion, but he was constantly telling him to come away from the light, beckoning with his finger—the deceased accused him of having a knife, and the prisoner said, "I have no knife about me"—the deceased laid hold of the prisoner by the elbow; the prisoner then lowered himself, took a knife out, and gave the deceased three stabs on the abdomen, and when he went to arrest him from stabbing any further, he gave him one on the breast; that made four stabs—I put the prisoner between my legs, and then took the knife away from him—this is the knife (produced).

Cross-examined. Q. It is a sailor's knife, is it not? A. Yes, they keep them in a sheath by their side—the deceased was not a friend of mine—he kept a boarding house of late—the deceased laid hold of the prisoner by the elbow with both hands before he stabbed him, and he said, "If you have no knife, now is the time to fight English fashion."

WALTER WIGGINS . I am barman at the Cock and Neptune. On this Sunday evening I was at an open window, and saw the prisoner and deceased in the street—some girls were there at the time—I heard the prisoner and deceased have two or three words, quarrelling about a shilling; they began to come quite to high words—I then went down to the tap room, and, on hearing a noise outside, I went out.

Cross-examined. Q. You heard a disturbance in the street before you saw anything, did you not? A. Yes; that was what induced me to go out—I went up the street about fifty yards, and saw the deceased lying on his back on the ground—that was after he had been stabbed—I saw the prisoner run away from the crowd—there was a crowd round the deceased.

ANDREW GERNON . (Police inspector, H). The prisoner was brought to the station on this Sunday evening—I afterwards proceeded to where the deceased was lying, and found Mr. Stuckey attending to his wounds—he stated in the deceased's hearing that he was dying, and that he could not live more than ten minutes—he died within a very few minutes after he had said something to me—he did not say himself whether or not he thought he should recover. (THE LORD CHIEF BARON. under these circumstances was of opinion that it was very doubtful whether any statement of the deceased could be received as a dying declaration.)

HENRY STUCKEY . I am a surgeon in Wellclose Square—I was called to the deceased on the Sunday evening—I found him in a state of collapse—on undressing him, I found two wounds in the abdomen to the right of the navel, one to the left, and another on the left breast, between the sixth and seventh ribs, and another in the left armpit, and down to the back of the left shoulder—all the three wounds in the abdomen had penetrated the bowels, but not injured the bowels; the one on the breast had penetrated the right ventricle of the heart—he died within ten or twelve minutes of my getting to him—his death was caused by the wounds—such an instrument as this would cause such wounds.

Cross-examined. Q. How far had the wound on the breast penetrated? A. It would depend on the position of the heart at the moment; if. the ventricles were full of blood, it would be in contact with the side of the chest—a slight wound would not then be sufficient to penetrate the ventricles—it must be more than an inch in depth, it would probably be an inch and a half GUILTY. of Manslaughter. — Fifteen Years Penal Servitude.

NEW COURT.—Friday, October 30th, 1857.

PRESENT—Mr. RECORDER.; Mr. Ald. CARTER.; Mr. Ald. ROSE.; Mr. Ald. HALE.; and Mr. Ald. GABRIEL.

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18571026-1059

1059. JAMES NICHOLLS (41), Feloniously forging and uttering an order for 3l. 7s. 6d.; with intent to defraud: to which he

PLEADED GUILTY .— Confined Three Months.

Reference Number: t18571026-1060

1060. JOHN BROWN (17), Stealing 1 watch, value 12l., the goods of Henry Helsham, from his person: to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18571026-1061

1061. FREDERICK DAWSON (35), Embezzling 18l.; the moneys of Charles Blake and another, his masters: to which he

PLEADED GUILTY .— Confined Two Years.

Reference Number: t18571026-1062

1062. JOHN BADDAM (21) and MARY ANN GOUGH (21), Stealing 6 neckerchiefs and 2 handkerchiefs, value 2l. 7s. 6d.; the goods of George Harborrow: to which they

PLEADED GUILTY .

The prisoners were further charged with having been before convicted: to which GOUGH (only) also

PLEADED GUILTY.— Confined Twelve Months.

JOSEPH BLADDER . I was formerly in the City police. I produce a certificate of Baddam's former conviction—(Read: "At this Court, on 24th Oct, 1853, John Robinson was convicted, on his own confession, of stealing some paper and stamps, and ordered to be confined one year")—Baddam is the person—I took him into custody; I am sure he is the same person.

Prisoner. Cannot the officers from the House of Correction come here to identify met? am innocent of the charge. Witness. I was at his trial; I saw him again in this goal, and picked him out among other prisoners.

JOHN HUMPHRY . I am a turnkey of Newgate. I remember the prisoner being tried and convicted in the name of John Robinson, in 1853—he is the same man.

Prisoner's Defence. When I came in, you put me in the "known" ward; I told the Governor I ought not to be put there; the witness did not pick me out BADDAM—NOT GUILTY. of the previous conviction.— Confined Twelve Months.

Reference Number: t18571026-1063

1063. JOHN TOTTENHAM BARRY (40), Forging an acceptance on a bill of exchange for 67l. 10s.; with intent to defraud.—2nd COUNT., Uttering the same.

MR. LILLEY. conducted the Prosecution.

GEORGE PELL . I am a solicitor. I have an office, No. 13, George Street, Mansion House—there is no other person of the name of George Pell residing or carrying on business there to my knowledge—the acceptance

to this bill of exchange (looking at it) is not my writing—it was not written by my authority—I did not give the prisoner authority to accept it, or any one.

Cross-examined by MR. METCALFE. Q. Have you any other place of business? A. Yes, I have an office in Northampton—I reside there—I have Been the prisoner about half a dozen times between Nov. and March—I have had no transactions with him of any kind—he called on me from a person of the name of Knight, a solicitor—I have known him in that character—I am solicitor to a family of the name of Wright—it was not about that that the prisoner called upon me—he did not call upon me repeatedly respecting them, and threaten to file a bill in Chancery against me because he could not get me to make out the account—nothing of the kind—I was called on, some two years ago, to make out the accounts—I made them out, and produced them to the family a year ago, and delivered them to them—the only transaction I have had with the prisoner was his calling on me from a person of the name of Knight—he came to me as solicitor of Mr. Knight, saying he was about entering into business, and requesting me to afford him some assistance—I agreed to advance him 100l., and I gave a bill, and I believe it was brought to me by Barry—I had to pay the bill, and I found the indorsement after my name was Barry—according to my belief, Barry brought the bill to me as Knight's solicitor—I did not dishonour the bill—I was sued on it, but Mr. Knight was to pay it—I first heard about this bill on the day after it was presented at my office—it is dated 27th May, and would be due on the 30th Aug.—I have no doubt it was presented—I heard of it the day afterwards—I knew it was not my bill—I did not see Mr. Bracher upon it—I never saw him till the day I went to the Mansion House—I did not take any steps on it—I. had no communication with Mr. Bracher—when I first heard of the bill, I said I had no recollection of it—I was then in the country, and my clerk, in his letter, said a bill had been presented, drawn by Parry—I have not "the letter with me, and, knowing I had a number of Welsh clients, I did not recollect anything of it—I think I heard of this on the Sunday, and on Tuesday my clerk wrote and said he had made a mistake—it was a person of the name of Barry—I came up the moment I was requested to come—certainly not before the writ was served at my office—the writ was served immediately.

MR. LILLEY. Q. Have you any doubt whether this is your acceptance or not? A. Not the slightest; my doubt arose from Parry being mentioned instead of Barry.

GEORGE WELLINGTON BRACHER . I am a tailor, and live at No. 2, Copthall Buildings. The prisoner had offices in the same buildings—I had business transactions with him previous to 27th May—he was my tenant—about 27th May he called on me with respect to a bill of exchange for 67l. 10s.; this is the bill; he presented it, and asked me to get it discounted—there was an over due bill of his for 28l.—he wanted me to get this one discounted, to take up the others, and to take the 20l. he owed me for clothes and rent, and give him the difference—I got the bill discounted—I retained 20l., and he borrowed 3l. of me, I think, the same day—I 'handed the balance over to him; I think it was something under 20l.—this is the bill; it has my endorsement on it—when it had run the three months, it was returned to me—I let it go on about a week, and then gave information to the police—the prisoner was apprehended, and I appeared at the Mansion House on 18th Sept.

Cross-examined. Q. The bill was due on 30th Aug.? A. Yes; I believe it was presented that day at Mr. Pell's—it was not in my hands—I received a communication from Mr. Pell about two days afterwards—I heard it was a forgery about the third day afterwards—I saw a letter which Mr. Pell had written—I saw the prisoner; he told me it was all nonsense if I saw Mr. Pell, I should get the money—I think I did tell the prisoner that Mr. Pell was humbugging about coming to town, and I should commence proceedings against him, because the prisoner told me it was Mr. Pell's acceptance—I did not ask Mr. Pell to come to town—I don't think I wrote to him about it—I called at the office three or four times—I think I told the prisoner I could get no satisfactory answer from Mr. Pell—I took steps against the prisoner, I think, two days before 17th Sept—I saw the prisoner every day for about a week after the bill was due—I think I told the prisoner that Mr. Pell said he did not recollect the bill—the prisoner might have said, "That is tantamount to accusing me of forgery"—it is very probable he did say so—that was two or three days after the bill was due—the other bill I spoke of was in Jan. or Feb. last.

MR. PAYNE. Q. Was what you said about Mr. Pell's humbugging respecting his not coming to town? A. I said I could not get a satisfactory answer, Mr. Pell was not in town.

COURT. to MR. PELL. Q. Did you ever see that bill after it became due? A. No.

EDWARD LAFONT . (Policeman,. M 159). I was applied to by one of the City officers to assist in taking the prisoner on 17th Sept, between 9 and 10 o'clock in the evening—I went to the back gardens of the houses in Stanley Terrace, Lower Deptford Road—the prisoner resided at No. 4—I found him in a garden, three or four gardens from the garden of No. 4—when I first saw him, he was endeavouring to get over a wall—I think he was then coming towards No. 4—I had to get over two walls after I first saw him—I found him in one corner of a garden—I told him I must take him for forging an acceptance to a bill of exchange—he said it was all through a woman—Huggett was waiting outside—there was no way in which he could have got out into the road just there—he would have had to get over several more walls to do that.

JOSEPH HUGGETT . I am an officer of the City. On 17th Sept. I went to No. 4, Stanley Terrace, Lower Deptford Road, to apprehend the prisoner, on a charge of forgery—I was there between 9 and 10 o'clock—I saw the prisoner get out of an omnibus, and go into the house No. 4—I then went to the gate of the front garden—the gate was locked—previous to the omnibus drawing up, a female had stood at the gate for a few minutes—the prisoner went in, and the gate was locked—I went and made a noise at the gate—a female came to the gate to me—I asked to see Mr. Barry—she said she knew nothing about Mr. Barry; he did not live there—I got the assistance of a Metropolitan officer, and placed him at the back of the premises—I got over the garden gate, and knocked at the street door—a party answered me from the parlour window, and said he was not there—I said, "I know Mr. Barry is in the" house; I saw him come in, and I have since seen him at the up stair windows"—I had seen him on the first floor—after waiting a considerable time (I should think half an hour), the door was opened—I went in, and they said, "Your bird has flown; you are liberty to search the house"—I was about to search when the constable brought the prisoner to me into the front garden—I showed him this bill of exchange, and said to him," My name is Huggett; I am an officer of the City of London, and I have instructions to apprehend you for forging and

uttering this bill of acceptance to Mr. Bracher, of Copthall Court, in the City"—he said, "Have you seen Mr. Pell yourself?"—I said, "No, I have not; but my instructions are from Mr. Bracher; he has seen Mr. Pell, and Mr. Pell has pronounced this signature to be a forgery "—he said, "That is strange; but I shall be able to prove that that is Mr. Pell's signature "—I brought him in custody to the City.

Cross-examined. Q. He went quietly with you? A. Yes, he did.

GUILTY. of Uttering. — Six Years Penal Servitude.

Before Mr. Baron Martin.

Reference Number: t18571026-1064

1064. In the case of MARIA CLARK (34), indicted for the wilful murder of Maria Sarah Clark, it appearing, upon the evidence of Mr. Gibson the surgeon to the goal, that the prisoner was not competent to plead, the Jury found her INSANE.— Ordered to be detained till Her Majesty's pleasure be known.

Reference Number: t18571026-1065

1065. DANIEL CASEY (42), Feloniously cutting and wounding Eugene Sullivan, with intent to do him some grievous bodily harm.

MR. PLATT. conducted the Prosecution,

EUGENE SULLIVAN . I am a tailor, and live in Sussex Place, Leadenhall Street The prisoner lives on the same landing, in the same house with me, and his wife lives there with him—on 4th Oct, about 9 o'clock, I was not in bed, but I had laid my head down on the bed—I was awoke up by hearing a noise between the prisoner and his wife—I came out, and the prisoner said, "B Sullivan "—I asked him what he meant by that—he gave me a filthy answer, and I was about to go back into my room—as I turned to go, he took one or two steps, and said, "Take that," stabbing me with a knife between my shoulders—I cried out, and my wife came—I lay senseless through the bleeding—I saw the knife in his hand—my wife came to look at the wound with a light, and she returned back to the prisoner and asked him why he did so—he made use of the same foul word as before, and she got a stick and hit him with it on the head—she then screamed, and I got to her assistance, and then I got these three wounds on my forehead—I do not indeed know how they were inflicted—I did not see anything in the prisoner's hand at that time—I was taken to the hospital, and remained there three or four days—I got well in about a fortnight.

Cross-examined by MR. TINDAL ATKINSON. A. Had you had anything to drink that day? A. Yes, I had had a little drink, and had gone to lie down—I had been up all the night before at work, and lain down to take rest about 3 o'clock, and this occurred between 9 and 10 o'clock at night—this is the stick that my wife had—it is part of a chair—it has not been used on me—I had never seen it used before—it is used for firewood—I have two children; one is thirteen years old, and one is eleven—I had not had this in my hand before I saw my wife come with it—I got into the prisoner's room that night to get my wife out—I did not break the door open; I did not see the door shut—I did not see my wife strike the prisoner—I do not know whether he was in a dreadful state—I saw two cuts on his head—I heard my daughter scream—she was on the landing of the stairs—I did not see that the prisoner was eating bread and cheese in his room—he has lodged in that house perhaps for twelve months—I do not know whether I hare told anybody that I did not believe he wilfully stabbed me—he has stabbed me—I do not know whether he meant to kill me or not.

ANN SULLIVAN . I am the wife of the last witness. I was in the house

on that Sunday night—I left my husband in bed when I went down stairs—about a quarter before 10 o'clock I heard a cry of "Murder!"—I went up stairs, and said, "What is it?"—I saw my husband with his back stabbed, and the blood trickling down—I saw the wound was on his back—he had nothing on him but his shirt—the prisoner was in his own room—I went into his room, and asked him why he stabbed my husband—he had his hand up to his head, inside his own door—he made use of some bad expression, and came out on the landing—I took up this stick and beat him on the head with it—it is part of a chair—I brought it out and used it on Mr. Casey—he caught me by the shoulder, and beat me on my head with a little poker—I screamed, "Murder!" and my husband came and got me, and Mr. Casey struck him on the head, I do not know what with.

Cross-examined. Q. Did you hold this stick with both hands when you struck him? A. No—he did not go down with the first blow—I dare say the blood followed the blow—I gave him two blows—after I gave him No. 2, he took the poker—my daughter, who was screaming, is eleven years old—she was in our own room, and this occurred on the landing—I fetched this piece of chair from my own room—it is an instrument that has been useful to me—it has not been used more than once—it has never been used on me—I never felt the weight of it—I kept it in a corner, which is a sort of lumber place, near my own door.

COURT. Q. Was the prisoner sober? A. He and his wife had been drinking—he was neither drunk nor sober.

WILLIAM TURNER . (City policeman, 641). I heard the noise, and went to the second floor front room, where I saw Sullivan bleeding from three or four wounds—I took the prisoner, and asked him why he did it—he said that he was coming up stairs, and Sullivan struck him on the head with the leg of a chair; that he had a knife in his hand using, and he struck Sullivan in his own defence—in going to the station he gave me the knife.

Cross-examined. Q. How long have you known the prisoner? A. Four or five years—I never knew anything wrong of him—he is a quiet man.

---- THORNE. I am a surgeon, and live in St. Mary Axe. I was called in to examine the wounded man—he had four punctured wounds, three on the forehead and one in the back—this knife would have inflicted the wound on the back—it was about an inch deep—the wounds were not dangerous in themselves—I saw him again about the 12th, and he then had erysipelas from the wounds in the forehead—had that been carried on to any extent I cannot say what might have occurred.

Cross-examined. Q. Did you examine the prisoner? A. Yes—he had scalp wounds—one was very severe.

GUILTY. of unlawfully Wounding.— Confined Three Months.

Reference Number: t18571026-1066

1066. JOHN FRANKLIN (39), Feloniously uttering a forged order for the payment of 270l., with intent to defraud.

MESSRS. SLEIGH. and ORRIDGE. conducted the Prosecution.

THOMAS EDWARD HUMM . I live with my father, at No. 3, St. Michael's Alley, Cornhill I shall be fourteen years old next birthday—on Friday, 25th Sept., I was on Finsbury Pavement, about a quarter before 12 o'clock—the prisoner came to me, and said if I would go on an errand for him, he would give me a shilling—I said I would—he took me across the road; he gave me a paper, and told me to take it to the Union Bank of London, and to come back to him at the same place—I went to the Union Bank—I saw Mr. Lewis; I gave him the order, and he gave me a cheque book—I took

it to the prisoner; I did not find him where I first saw him—he had turned round the corner—he gave me a shilling, and said if I would be there to-morrow about that time, I might do something else for him, as he had more business about the City—this is the paper the prisoner gave me, and which I presented at the bank—(Read: "Please let the bearer have a cheque book for Jules Levy Hewley")—I went the next day with Mr. Haydon—I did not see the prisoner there.

Cross-examined by MR. RIBTON. Q. Had you ever seen the prisoner before? A. No—I cannot say how long the interview lasted, it was a very little time—when he met me on Finsbury Pavement, he asked me to go on an errand, and took me across the road—he gave me this paper, and I went off immediately—when I came back I gave him the book—when I saw him afterwards, it was at the Mansion House—the officer came to me, but I was not at home—he said I was to go on to Bow Street, he did not say he had got the man—I had given a description of the man; I said he was a man who had some whiskers—when I saw the officer I do not know what he said—I do not remember whether he said he had got the man—I went expecting to see the man who had given me the, forged order—I went by myself to the Mansion House—Mr. King told me I should go on to Bow Street—he did not tell me what for—I have never taken an oath before only at the Mansion House—when I went to Bow Street, I thought I was going to pick out the man—I do not remember any one telling me he was there—I thought they had got him, because they sent for me—I was taken into the cell by Mr. Haydon—I do not think he said anything to me—he took me at once down to the cell—I think there were more than half a dozen there—Haydon left me outside, and he came for me again, and I went in and said this was the man—I cannot say whether the other men who were there were all taller than the prisoner—I said he had whiskers—he has got what I call whiskers—I told that to Mr. Haydon and to the gentleman at the bank, and I said he had on a light brown over coat, and an umbrella in his hand—I do not remember saying anything more of him.

MR. ORRIDGE. Q. Have you any doubt that he is the man that gave you the order? A. No, I have not.

JOHN HILL . I am cashier at the Union Bank, in Princes Street On Friday, 25th Sept., the last witness came to the counter; he brought this order—it is similar to the handwriting of Mr. Hewley—I gave the witness a book which contained 100 cheques, from No. Z 12501 to 12600—this cheque is the second out of the book I gave to the boy.

CHARLES BENJAMIN ROBINSON . I am a cashier in the Union Bank. On Saturday, 26th Sept, this cheque was presented to me for payment by the prisoner—I stopped it immediately—Mr. Jules Levy Hewley is a customer, who keeps an account there—the prisoner was handed to an officer.

JULES LEVY HEWLEY . I am a merchant, and live in Jewry Street, Oldgate. I keep an account at the Union Bank—this order and cheque are not my writing—they were not written by any person who was authorised. by me—Monday, 28th Sept, was one of our holidays—I know nothing of the prisoner—these are very good imitations of my writing.

MICHAEL HAYDON . I am a City officer. On 26th Sept, about 1 o'clock I was at the Union Bank—the prisoner came in, and presented the cheque—I told him the cheque was a forgery, and requested him to go with me—he told me the cheque had been paid to him that morning by a person of the name of Bland, at the Three Colts public house, London Wall, for money that he had won at Doncaster on the St. Leger—he offered to go with me

to the house, and he left the bank for that purpose—when we got to the corner of Moorgate Street, a cab was standing by the kerb, and a man was inside the cab—the prisoner pointed to him, and said, "That is the man who gave me the cheque"—I spoke to the man in the cab, and he said, "I know nothing at all about it; I did not give him a cheque"—I asked that man his name and address, and he refused to give either—he was taken into custody, and discharged—I took the prisoner to the Mansion House—(Cheque read: "25th Sept, 1857. Pay to Mr. A. Bland, or bearer, 270l. Jules Levy Hewley.")

Cross-examined. Q. Did you search this man's place? A. Yes—I found a paper with the name of Bland on it, and some other writing beside—the other man was examined five times—he was about seventy-six years old—he gave the name of Kirkman—the cab was about 300 yards from the Three Colts.

MR. SLEIGH. Q. Before the prisoner reached the cab, had he mentioned the name of Bland to yon? A. He had—he said the man in the cab was Bland, and that person afterwards gave the name of Kirkman.

JURY. Q. Did you go the Three Colts? A. Yes to inquire whether the prisoner had been there, and they had no knowledge of him.

GUILTY. of uttering. — Seven Years Penal Servitude.

Reference Number: t18571026-1067

1067. ROBERT ANNERLEY (20), Feloniously uttering 2 forged orders for goods, with intent to defraud Edward Esdaile Jackson.

EDWARD ESDAILE JACKSON . I am a book binder, and live in Hoxton, I have known the prisoner some time; he was in Mr. Lorimer's service—on 8th Sept. he came to my place, and gave me this order—he said, "My master is out of town, he will settle for them when he returns from the country"—I made up the goods mentioned in the order, and gave them to the prisoner—on 27th Sept. he came again, and brought another order; he said, "My master is not returned, he will settle for the two orders together"—I tied up the books, and he took them away with him—the value was 3l. 12s.—(Orders read: "Sir,—Please to send by bearer two dozen of Carpenter's Spellings. J. Lorimer." "Sir,—Please to send one dozen of Spellings for J. Lorimer; he will be in town in a few days, and will call and pay.")

JOHN LORIMER . I am a book binder; I live with my father. The prisoner was in his employ; he left about ten weeks ago—these orders are not my writing nor my father's—I never authorised any one to write them—they are in my name.

GUILTY .— Confined Six Months.

Reference Number: t18571026-1068

1068. ROBERT POWELL (28), Burglariously breaking and entering the dwelling house of John Milburn, and stealing 2 pairs of boots, value 19s.; his property.

MR. J. PAYNE. conducted the Prosecution.

JOHN MILBURN . I carry on business at No. 18, Fetter Lane. I have a house there, and sleep there; it is in the parish of St. Dunstan's—I am a bootmaker, and have a shop—on the night of 19th Oct I looked up the place, at 10 o'clock; I did not lock the street door; it was fastened, but not locked—no one could get in without a key—it was closed when I went to bed—there is a door leading from the passage to the shop; that door was, fastened with a padlock and another lock—I had some boots in my shop—two pairs of boots were afterwards shown to me, which were found on the, cellar stairs; they had been in the shop window—I was disturbed by the, policeman about half past 2 o'clock in the morning; I found the door wide

open leading from the passage to the shop; that was the door which had been fastened by the padlock—the padlock was on the floor; the officer picked it up—the officer had the prisoner—these boots are mine; they were safe in my shop window.

Cross-examined by MR. SHARPE. Q. Is there any mark on them? A. Yes, my initials, "J. M."—I saw the prisoner in the passage, in the custody of the policeman—I have lodgers in my second floor, and some in the attic; they have a key, and come in when they like—I have a man and his wife and son, and a man and his wife and three children—I believe my lodgers were all in that night.

JOHN PRING . (City policeman, 377). I was on duty in Fetter Lane that night; I found the prosecutor's door fast at half past 2 o'clock; I tried it, and went to the end of the court—I then heard a noise in the shop window; I waited half a minute, and I heard a second noise; that roused my suspicion; I looked through the key hole, I could see no light—I went to the private door; I pressed it, and it flew open—I turned on my light, and I saw the door in the passage wide open—I looked into the shop, and saw no one; I went-in and sat down, and I saw the prisoner come out of the cellar—I said to him, "Bob, what do you do here?"—(I knew him before; he lives in West Harding Street)—he said he had been to the water closet—(I should think it would take about a quarter of a minute to get from there to West Harding Street)—I saw these two pairs of boots close behind where the prisoner was—I called Mr. Milburn, and told him the shop door was open—I found no one else on the premises—I had seen the prisoner about a quarter of an hour previous to this, after he came out of his own house.

Cross-examined. Q. In what state was he? A. Slightly the worse for liquor—when I saw him again, he was not worse than he was before—I have known him some time; I never heard anything against him—he had asked me to call him at 4 o'clock that morning—I found no housebreaking implements on him.

EDWARD O'CONNOR . (City policeman, 370). I was present when the prisoner was found in the house—I found this padlock, which belongs to the shop door; it was under the prisoner's feet as he stood in the passage.

GUILTY. of Larceny. — Confined Six Months.

Reference Number: t18571026-1069

1069. JOHN CHARLES BAUERS (29), Stealing 10 collars and 2 pairs of sleeves, value 3l.; also, 16 collars, value 5l.; the goods of William Demuth and another.—2nd COUNT., Receiving the same.

MR. RIBTON. conducted the Prosecution.

WILLIAM DEMUTH . I live at No. 20, Lawrence Lane, and am an importer of foreign goods I have one partner—in consequence of a communication made to me, I went, on 24th Sept., to No. 17, Vincent Terrace, Islington; I saw the prisoner in company with my cousin—I sent the prisoner out, and had some communication with my cousin—the prisoner came in, and I asked him for the parcel he had received from Charles Demuth just before, upon which he asked Charles Demuth whether he ought to give it up or not; Charles Demuth answered, "Yes," and the prisoner handed me a parcel out of his pocket—there were in it sixteen collars—I asked Charles Demuth for what purpose he had handed that parcel to the prisoner; he told me that the prisoner had asked him to steal that parcel, and others before that, which he had handed to the prisoner—the prisoner did not say anything to that—I sent for a policeman, and gave him in

charge—these are my collars; I have a mark on them, the number and price—I am able to say positively they are my property, and have never been sold—I received them with certain marks on them, which are on the collars—they are not entered in my books as sold—I had often seen the prisoner at my warehouse, and he had an opportunity of seeing these collars there—the value of this parcel might be 5l. or 6l.—after the prisoner was given into custody, I went with the officer to his lodgings, at No. 15, Blomfield Street, London Wall; I there found this book, an old cancelled cheque, and several letters from my cousin, addressed to the prisoner—in consequence of finding a card with the residence of Mr. Bradley, we went there, and found these other collars, which are mine; they have my private mark on them—the value of these might be from 5l. to 8l.

Cross-examined by MR. LILLEY. Q. What countryman is the prisoner? A. A German—I am a German, and my cousin is a native of Germany—my cousin was with me when I went to Vincent Terrace—I spoke in German, and the prisoner answered in German—I am quite sure of that—some collars were given by the prisoner—he first asked my cousin whether he should give them up, and he said "Yes," and the prisoner gave them up—I swear these collars had not been sold, because I know the marks on them—the same marks are not on all collars consigned to me—I have not sold collars marked like these—these are marked with ink—the others were marked with pencil—the form of the mark was the same—I will not pledge myself that I never received any marked with ink before these.

THOMAS BRADLEY . I keep a shop in Cranbourne Street, Leicester Square. I produce some lace collars and sleeves—this parcel was found at my house; the last witness inquired, and I produced them directly—I bought them from the prisoner; here are the receipts he gave me for them—on 7th Aug., I bought ten collars for 1l. 3s.; on 18th Sept. I bought some—I did not know the prisoner before—he said they were samples, little job lots that were to be sold cheap—he said he had them from Paris.

Cross-examined. Q. Was the price asked for them a fair and reasonable price? A. I thought so, for these sort of goods, because they are continually changing the pattern.

CHARLES DEMUTH . (Through an interpreter). I am cousin of the prosecutor. I recollect the day when he came to my lodging, at Islington—I saw the parcel of collars given up to him on that occasion—I gave them to the prisoner—he came to my cousin's warehouse, where he saw me very often; he asked me to give him my address, which I did, No. 17, Vincent Terrace—he came there to me, and asked me whether I was inclined to go with him to the Eagle—he had two girls with him, and one of the girls had a collar similar to these; and that girl who had the collar round her neck asked what was the price of such a collar in this country—I said I did not know—the girl went away, and the prisoner asked me if I was not able to supply him with similar collars to that one which the girl had, for some girls—I gave him some—the first time was three samples; and after some few days he came to me, and asked me if I could not supply him with more collars of a similar sort, because he saw an opportunity of dealing advantageously with them—as far as I can recollect, I gave him some five or six times—I know I have stolen them on account of the instigation of the prisoner.

Cross-examined. Q. How long have you known the prisoner? A. About three months—he did not pay me directly for the collars, but he very often invited me, and took me out and treated me; and sometimes he allowed me some money—I do not know how much—I received money three or four

times—it was at the third or fourth time, when he called at the warehouse, that he asked my address, he had no duty at my cousin's establishment—he was not there every day—I was there every day—I was not employed by my cousin, I was reading English—I know that the prisoner sells on commission—I have seen him at my cousin's about selling on commission, offering books coming from the Rhine, for sale—I have not been quite five months in this country.

BENJAMIN FREDERICK PEARCE . I am a bootmaker; I do some work for Mr. Demuth, at his warehouse in Lawrence Lane. I was there on some day in Sept., about 4 o'clock in the afternoon; I saw the last witness there—he went to the back part of the warehouse where there were some parcels lying—there were boxes with lace collars in them—I saw him open two boxes, and take some collars, but how many I could not say—there were as many as he could hold in his hand—he brought them to the front of the warehouse, he tore a piece of loose paper from under the table, he rolled the collars up in it, put them in his right hand coat pocket with his left hand, and went away—I made a communication of it the same evening to Mr. Demuth.

WILLIAM DEMUTH . re-examined. This blue paper contains my property—on the same evening I received the information from the last witness, I went to my cousin's lodging—I never authorised the prisoner to sell on commission, nor authorised my cousin to give him any property.

JURY. Q. When you sell the collars, do you take the private mark off A. These are samples; I sell them only to one house, and I take off the tickets.

GUILTY. of receiving. (The prisoner received a good character.) Confined Three Months.

THIRD COURT.—Friday, October 30th, 1857.

PRESENT— SIR JOHN MUSGROVE ., Bart., Ald.; Sir ROBERT WALTER CARDEN ., Knt., Ald.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18571026-1070

1070. JOHN WILLIAMS (32), Burglariously breaking and entering the dwelling house of Samuel Copestake and others, and stealing therein 14lbs. weight of sugar, and 7 lbs. weight of coffee, value 17s., their property; and 1 mantle, and 2 pairs of stockings, the property of Isabella Holloway.

MR. CAARTEN. conducted the Prosecution.

GEORGE BALL . (Policeman, E 64). On Friday morning, 16th Oct., about half past 8 o'clock, I went to No. 4, George Street, St. Giles's, and found the prisoner in the kitchen with two males and a female—he had on these two coats, and this other coat was lying by his side, and also nine pounds of coffee, fourteen pounds of loaf sugar, a silk mantle, and three pairs of stockings (produced)—he had a cap on his head—in the pocket of one of the coats I found this letter and a pocket handkerchief—in his own coat were these four keys, a pencil, a gimlet, a bradawl, and this little religious book—I asked him whether all the property by his side belonged to him—he said, "Yes"—I asked him how he accounted for it, he said, that he bought the coats and the mantle and stockings in Petticoat Lane, and the sugar and coffee at Phillips's, in King William Street—when I entered the kitchen, one of the other men ran out towards the back yard—I did not

follow him—I took the prisoner to the station—going along I asked him what that man had run away with—he said, "A pair of gold Scales, and five weights, which I used to weigh gold dust with in California, four years and a half ago"—I took him to the station, returned to the house, and the man whom I had seen run out, gave me this scale—he took it from the coal cellar—I was with him—it was under some large coal knobs and some coke—I took these weights also—I asked the prisoner at the station if they were his property—he said, yes, and that he brought them from California—he refused to give any address.

Prisoner. Q. What time had you received information? A. Five or ten minutes before I apprehended you—two thieves and a prostitute were present—nobody else lives there—the weights were not taken out of your pocket and given to the inspector, they were with the scales in the cellar—I put them in a piece of paper—the information Mrs. Hine gave me was, that she expected some man who had got some of the property had gone into one of the brothels there.

MARY ANN HINE . I am the wife of Thomas Hine, of No. 9, Crown Street, Soho, a pianoforte maker; he also deals in second-hand clothes. On Friday morning, 16th Oct, about a quarter past 7 o'clock, the prisoner came there and brought some coffee, lump sugar, three coats, some gold scales, a mantle, and a brush—I said, "Good morning, you are out early"—he said, "Yes, I have been at the Coal Hole all night"—he asked my husband to buy this coat, but refused to ask a price for it—he asked half a sovereign for this other coat, but my husband would not buy it—I said, "What are you going to do with these scales?"—he said, "I am going to have new ones like them, as I am going to Australia next week"—I said, "What are you going to do with the coffee and sugar?"—he said, "You can buy it if you like, but do not buy it unless you like, in case it should be stolen"—I said, "If I buy it, I shall give you the full price"—he said that he got them from his lawyer, who had a brother who let him have things instead of money which was-coming to him—I bought nothing, but he made me a present of this small book, which I gave to the constable—while he was there, I went two or three times to Mr. Harris, the publican, and he called a policeman, and spoke to him, but he refused to interfere—I followed the prisoner into George Street, No. 3, I believe, and sent a little boy for a policeman—Ball came, and we both went into the kitchen.

Prisoner. Q. Did not you steal a lump of Sugar out? A. I admit that I took a piece, and said, "What hare you got here?"—you had two cups of tea, and a slice of bread and butter at our house—I knew you before.

ISABELLA HOLLOWAY . I am single, and am in the service of Mr. Sampson Copestake, at No. 28, St. Andrew's Hill—that is his private house it is where the young ladies sleep who are in the business in Bow Churchyard. On Thursday evening, 3rd Oct., I heard my fellow servant close the door of the house at a quarter past 11 o'clock, and chain and bar it—the back door leading to the yard was shut, but on the latch—I went to bed, leaving no one up—I sleep down stairs—I was awoke by a policeman, next morning, about a quarter to 7 o'clock, went into the kitchen, and found Floret there—I missed a black silk mantle, and three pairs of stockings Of mine, also fourteen pounds of sugar, and some coffee in separate parcels, which were supplied by the firm for the young ladies.

ISAAC FLORET . (City policeman, 57). About half past 6 o'clock on Friday morning, 16th Oct, I went to No. 28, St. Andrew's Hill—Cockrell, the policeman, was outside—we found the front door standing wide Open, and

the back door open also—I went to the promises occupied by Messrs. Muggeridge, at the back, and found apparently foot marks of one person leading over the wall and across the leads of a kitchen into Messrs. Copestake's yard and also in their yard—they were not marks which I could compare.

DANIEL COCKRELL . (City policeman, 314). On the morning of 16th Oct about half past 6 o'clock, I was on duty on St. Andrew's Hill, and found the door of No. 28 open—I rang the bell, bat had not gone in before the sergeant came—I hare heard his evidence, it is correct—none of the fastenings of the front door were broken, and the back door had none.

ISABELLA HOLLOWAY ., re-examined. The door was shut, but not fastened—any body could get in by turning the handle after clearing the wall—the house is in the parish of St, Andrew by the Wardrobe.

Prisoner's Defence, I know I had the property, but I can prove where it was bought; there is nothing very important about the stockings and mantle.

GUILTY. ** of Housebreaking. — Eight Years Penal Servitude.

(There was another indictment against the Prisoner.)

Reference Number: t18571026-1071

1071. WILLIAM OLIVER (see page 786) was again indicted for embezzling the sums of 5s., 7s., and 8s.; the moneys of William Augustus Frederick Powell and others, his masters.

MESSRS. SLEIGH. and LEWIS. conducted the Prosecution.

GEORGE MURRELL . On 14th Feb. I paid the carman who delivered this invoice (produced) 7s.—this is the receipt.

Cross-examined by MR. LILLEY. Q. Have you any recollection of the transaction except from the invoice? A. I remember the circumstances, because I particularly wanted the bottles for use—they were stone glased bottles—I paid on delivery.

ROBERT REEVES . I am carman; to Powell and Sons, I went to Mr. Murrell's, and delivered some stone bottles on the day set forth on this paper—he paid me 7s., which I delivered to the prisoner the same afternoon.

Cross-examined. Q. What date was it? A. Feb. 14th—the, prisoner enters the amounts in the book as a voucher for me—I saw him write his name—I was not paying him other sums at the time—I paid him other sums the same afternoon—retail customers come in from time to time, and it was part of his duty to attend to them—there are four of us Servants now, there are sometimes six—the prisoner and Mr. Ray keep the books—I know Baker, he obtains orders for the establishment—I have seen the prisoner and him together several times.

COURT. Q. I suppose you keep this book yourself? A. Yes, it is my discharge from Oliver—at the time I pay the money to him he puts it down, and puts his name under—he also enters the amount in another large book—I do not know what that is called—I call out the names of the sums, he enters them down here in a book which he has before him, and I go away.

MR. SLEIGH. Q. Had yon anything to do with the other books in the establishment? A. Nothing—I have no knowledge of what he entered, or what he did not—I suppose he used to make those entries—I know the prisoner's writing—this receipt on the bill is the same writing as a bill I had in my possession.

JOHN MAYFIELD . I am a clerk to Corbin and Co., wholesale druggists I wrote the discount off this bill for 8l. 9s. 6d., and Mr. Messer paid the money, 8l. 1s., in my presence—the discount was 5 per cent, that is 8s. 6d.—the money was paid to the prisoner in our counting house—I saw him receipt this invoice, and it was handed me to file.

Cross-examined. Q. Was the in company with anybody? A. I saw nobody—I wrote the order, and sent it to Bristol—I know it from the amount—I have seen the goods which were received, as the result of the order I sent—I never received applications from any agent for orders—I never saw any one there besides the prisoner—the goods came by a-carrier—we do not get them till the invoice has been looked at by the ware houseman—my business is to post the books, and write the orders—I wrote this order specially to Bristol, because it is a house Which we do not generally deal with.

WILLIAM FREDERICK AUGUSTUS POWELL . I am one of the firm of Powell and Sons, of Bristol The prisoner was in our employ—it was his duty to account for goods which he received, every month by means of a written order—these (produced) are his accounts for Feb, and May—in the Feb account he accounts for 4l. 18s. 6d. from Winsor and Newton, instead of 5l. 3s. 8d.—he charges me with 10s. 3d. discount allowed—he was not authorised to allow that—the amount of the receipt is 4l. 18s. 6d., and discount deducted 10s. 2d.—on 14th Feb. there is not the sum of 7s. accounted for from Mr. Murrell, nor does his name appear—the entries in this book are the prisoner's writing—it is the carman's book—in the May account our account against Corbin and Co. was 8l. 9s. 6d.; discount 16s. 6d. has been deducted, and the prisoner has received 8l. 1s., net cash 7l. 13s.—that is all he has accounted for from them—these three invoices-are in his writing—they are not the invoices which were sent up from Bristol with the goods—it was his duty to deliver them to the customers, not to substitute others for them—I know of my own knowledge that invoices were sent from Bristol with the goods—it is the uniform custom.

Cross-examined. Q. Suppose the goods which are sent up are broken, what would be the course? A. A deduction would be made to the parties—it was the prisoner's duty to open the packages, to see that they are correct and correspond with the invoices, and if any of them are broken, it would be his duty to communicate with the house, and an alteration would be made in the books—we could not supply the damaged goods at once, because the names of the parties are printed on them—some of them are plain—I am not aware of the number of agents we have—that has been arranged by the prisoner—I never saw James Powell but once, and that was since this charge—I, have heard since that he has been acting as an agent—I have been told that Baker is an agent—it is not usual for me to see every parcel of goods sent from Bristol, but every entry in the books is examined by me or my brother.

MR. SLEIGH. Q. Were either Powell or Baker authorised to act for you? A. No, I do not know them—I never heard of them till after the prisoner was taken—if there was any breakage, it was the prisoner's duty to report it to us, that we might recover it from the carrier.

COURT. Q. Was the prisoner in the service of both the firms? A. Yes, they both joined in paying him—he did not fill precisely the same capacity in both—my brother is a representative of the glass works, what we call the retail department—the prisoner was paid 25s. a week as salary, and his residence, and also 10l. per annum as a gratuity—he had no commission—it was his duty to allow commission to agents—it was about 5 or 10 per cent, according to arrangement—if his own active exertions had brought a customer, it would be most irregular and wrong for him to pay himself—on this bill, over the 5s. cash, here is, "5 per cent discount"—that is written by Messrs. Corbin's representative—it is in the course of business—it is

the prisoner's duty to enter the amounts received in his office cash book-there is no other book which would be a record of the transaction—this (produced) is the cash book.

JOHN MAYFIELD . re-examined. I wrote this "5 per cent, discount" on my bill, but not on this bill—I did not write it, I merely calculated it—8s. 6d. would be 5 per cent, within the nearest fraction.

NOT GUILTY .

Reference Number: t18571026-1072

1072. WILLIAM OLIVER was again indicted (see page 706) for unlawfully obtaining the sums of 5s., 2s. 3d., 9s. 10d., and 10s. 9d., the moneys of Thomas Utley, with intent to defraud.

MESSRS. SLEIGH. and LEWIS. conducted the Prosecution.

WILLIAM AUGUSTUS FREDERICK POWELL . I am a partner in the firm of Powell and Sons, stoneware manufacturers, and of Powell and Ricketts, glass bottle manufacturers. We charge 3s. 9d. a dozen for quart stone bottles, and 2s. 9d. a dozen for pints—I never authorized the prisoner to charge 4s. 6d. for quarts, and 3s. 6d. for pints—the two gallon stone bottles marked are 15s. per dozen—I never authorized the prisoner to charge 16s. per dozen—this last item in this account, "73 quarts at 3s. 9d., 1l. 2s. 10d. "is correct—but this is not the original invoice: this is made in the name of Powell and Ricketts—the prisoner had blank invoices; but it was his duty to deliver to the customers the invoices he received from me, and not to make out fresh ones—this invoice is in his writing, and so it the entry in the book—they correspond—we have no quarts for which we charge 3s. 9d. per dozen—on 10th July we sent up some goods to Mr. Truelove Utley—I find here an entry, "Twenty-seven two-gallon upright bottles, printed, at 15s.; amount carried out 1l. 13s. 9d. "—this receipt is in the prisoner's writing, "Twenty-seven two-gallon upright bottles, at 16s.—1l. 16s. "—the invoice is in the name of Powell and Ricketts—it is a substituted invoice—on 15th Aug. here is an entry in the book to Truelove Utley "141 quart upright bottles, at 3s. 9d., 2l. 4s. "—that is the proper price, and is in the prisoner's writing—this invoice (produced) is "141 quart upright bottles, at 4s. 6d., 2l. 14s. 10d. "—that is also a substituted invoice of Powell and Ricketts—on 17th Aug. I find "Nine quart upright bottles" charged to Mr. Utley, at 3s. 9d.—here is also 172 pint bottles at 2s. 9d.—that is the correct charge, and is in my brother's writing—this invoice (produced) is a substituted invoice: the charges in it are 4s. 6d. and 3s. 6d. respectively, instead of 3s. 9d. and 2s. 9d.—this cash book is in the prisoner's writing—on 15th Aug. here is an entry, "T. Utley, 5l. 18s. 5d. "—that corresponds with the invoice made by the prisoner, and with his book—I have tested each of them, and find that the price charged in the cash book with which the prisoner debits himself is correct, but the price charged to the customers is more—this account (produced) is also in the prisoner's writing—the monthly account tells with the cash book and day book in all the transactions.

Cross-examined by MR. LILLEY. Q. Are you able to pledge your oath that these various items were sent up, within your own knowledge, from Bristol? A. I can pledge my oath that the invoices were sent from Bristol—I did not forward them myself—agents would not undertake business unless they were paid a commission—their commission is charged in the accounts—these invoices correspond with the goods sent up, and I received no information of any breakages—the gross amounts shown in the monthly invoices tally with our invoices.

COURT. Q. Are the wholesale and retail prices the same? A. Yes—we

have only one price, whether a small or large quantity is taken, except: under special circumstances—we print the names on the bottles for the parties—we make a special agreement with the trade; but, as respects publicans, there is no variation in price.

THOMAS UTLEY . I am a publican, carrying on business in Newington Causeway—I dealt with Powell and Sons, of Bristol, once—I bought eight glass upright bottles and seventy-two quart bottles—this is the invoice of them (produced)—I saw the prisoner previous to their being sent, and he told me the price would be 4s. 6d.—I subsequently paid him 4s. 6d. per dozen for the quarts—I should not have paid him that, unless I had believed that that was the price fixed by the house in Bristol, and that he was authorised to demand it from me.

Cross-examined. Q. Was he alone? A. No; a man named Powell was with him, who dealt in glass—that is he (pointing to him)—I knew him before I knew Oliver—I paid the money to the carman, Reeves, in Powell's presence—when I bought them, I asked him the price, and he told me—I said, "It is a great price"—he said, "That is our price"—I said, "Very well, I must have them"—that was in the presence of Powell.

ROBERT REEVES . I recollect Mr. Utley paying me 6l. 3s. 3d.—I delivered it to Mr. Benjamin Powell on the same day.

TRUELOVE UTLEY . I am a publican, of the Dover Road. I have bought stone bottles of Messrs. Powell and Sons, of Bristol, through the prisoner—on 27th April, I gave an order for two gallon bottles to a man named Powell—I ordered the others of Oliver; he told me that the quarts were 4s. 6d., and the pints 3s. 6d.—he gave me a written list of all the prices—I subsequently paid him the amounts in this invoice, at 4s. 6d. and 3s. 6d. respectively—I should not have paid him those prices, unless I had believed that they were the prices charged by Powell and Sons, of Bristol.

Cross-examined. Q. Was not Powell present when lie gave the orders? A. Not all of them; only the two gallons—I had known him a long time before I knew Oliver—he mentioned the firm to me—he was present when I paid Oliver for the two gallons—I did not pay the amount myself, but 1l. 16s. was paid for them to Oliver in Powell's presence—I paid Reeves for the quarts myself; 2l. 12s. 10d., and here is Oliver's name at the bottom.

ROBERT REEVES . re-examined. I received 2l. 12s. 10d.—I paid it to Benjamin Powell.

BENJAMIN POWELL ., I am the brother of William Powell, and am the manager of the works at Endell Street, Soho. This invoice is my writings—it was made out by Oliver's written directions—I was not aware at the time what Messrs. Powell's charges were—he left me these instructions as he was going out on a tour: "If pint stone bottles arrive for T. Utley, you will invoice them 3s. 6d. per dozen"—this (produced) was an account I kept during Oliver's absence—he was away for a week—I made it at the time I received the money—I paid the money over to him, and have his receipt—I received 2l. 12s. 10d., 6l. 3s. 5d., and, on the 17th, 2l. 15s. 5d., from Reeves—he gave me this receipt.

Cross-examined. Q. In whit position were you acting during the prisoner's absence? A. Previous to that I was agent and manager to Messrs. Powell and Ricketts—I managed their business—I am not a member of the firm, I am salaried manager; that is the London firm—I was resident in London at the time, and for two months previously—I and the prisoner have had no quarrel previous to this transaction; we had about a week before he was arrested—that arose from his shutting up the place at 3 o'clock.

and absenting himself; but it was not a quarrel—I told him I would insist on his doing his duty—I did not threaten what I would do to get him out of his situation—I used no threats—the usual dinner hour is between 1 and 2 o'clock—I do not know that pressure of business caused it to be delayed—he said that the men were away at dinner—I have not threatened him since this matter has gone on—I have not threatened his poor old mother, nor him, that I would transport him; it never took place—nor yet anyone else—I do not know Mrs. Carotty, one of the witnesses to character, who was here yesterday—I never heard the name till this moment—I do pot know the prisoner's sister—I have not stated in her presence that I would do what I could to transport him—I said in his presence, that I thought it would be better for him to have a summary trial, than to get transported—I had no opportunity of persuading him to have a summary conviction. Witnesses for the Defence.

JAMES POWELL . I am no relation of the prosecutor. I am a dealer in china and glass, and do an immense business among publicans, both in stone and glass bottles, and have done business with Messrs. Powell nearly thirteen years—I have known Mr. Truelove Utley a long while, but Mr. Thomas Utley, I believe, has not been in London long—I introduced the orders of them both to the firm—some years ago, Mr. John Utley, another brother, who was keeping a house in Tower Street, gave me orders for a great quantity of bottles, just before Christmas—they did not arrive in time, and he told me that he would never deal with Messrs. Powell any more; and, owing to that, Thomas Utley never gave them any orders; but in the last two years and a half I have been endeavouring to get their custom for the firm, and ultimately took an order from him for thirty two gallon stone bottles—I cannot tell you the exact date, but they went on the Thursday previous to the bill being paid—on the Friday I was at Mr. Truelove Utley's, soliciting orders for goods, and I said, "Have you heard anything of your bottles?"—he said, "They came in yesterday"—I said, "How do you like them?"—he said, "Very well"—he had told me that he had got a farther order, but would not give it to me till these were delivered—on the Saturday morning, I said to Oliver, "If you go with me down to Mr. Utley's, I have got my cart and will drive you, and no doubt they will pay you, and you can take his order for the others"—it was not my place to receive the money—we went down, and Mr. Utley paid for the twenty-seven two gallons—I said, "Mr. Utley, what about the others?"—he said, "Well, I have got an order for you from my brother at the Causeway"—I took out one of my bill heads, similar to this, and wrote it on that—he gave me an order for another gross and a half of gallon bottles, marked, and of three various sizes; it came to 2l. 0s. 6d.—he then gave me an order for half a gross of one gallon stone bottles, and half a gross of half gallon stone bottles; that was for his brother—I then said, "What do you want for yourself?"—he said, "I want one gross of quarts, stone, and one gross of pints"—they were to be lettered, "D. Utley, Eltham Place, Dover Road," and those for his brother were to be printed, "T. Utley, Wine and Spirit Stores, Newington Causeway"—I explained that if the name was on a seal, instead of down the side, one seal would do for all the bottles—he said, "You had better call at the Causeway, and tell my brother the difference, as 7s. 6d. would do for the whole three sizes"—we drove to Newington Causeway, at half past 12 o'clock—I saw Mr. Thomas Utley, and said, "I have got an order of your brother for some bottles for you"—he said, "Well, I think half a gross of stone bottles, gallons, would be too many for me"—I said, "As they are ordered, you had

better have them now"—he said, "I do not know where I shall put them"—he did not seem to care much about it—I came with Oliver up to the stores, and had a similar bill made out, and laid the pen on the desk for him to copy it into his order book—the price was never mentioned—the order was given not to Powell and Ricketts, but to me—I laid this paper on the desk, and said, "I can cart these goods myself, and I will pay you cash when I fetch them away"—I said, "The price I am going to charge for the glass bottles will be 26s. a gross for pints, and 22s. for the half pints, 18s. for the other sizes, and 7s. 6d. for engraving the seal for the lot"—the price for the gallon stone bottles was to be 8s., the half gallons 6s. 6d., the quarts 4s. 6d., and the pints 3s. 6d.—I wrote it in pencil against each item, and he copied it to a certain extent—some one came in, and he could not finish it, and I left it with him—on the following week I had occasion to go there for some plain stone bottles, which I paid for and took away, and had an invoice made out in my own name.

COURT. Q. Did you afterwards, receive any money from the Utleys? A. No; I never received anything from them—I have been paid for them—I went, in the course of business, several times to Mr. Truelove Utley; ha said, "What about my bottles?"—I said that it would take about six weeks to get them—he asked me to write about them—I did not tell him I was going to Endell Street; he thought I should write to Bristol about them—I went there, and said, "Do not forget to let me know when they come in"—I afterwards heard that they had been delivered, and Oliver paid me my commission and my overtime—I generally left it in his hands till it was something worth taking—I was there from about 12 to 2 o'clock—the commission was charged upon Powell's prices—Oliver did not retain one penny of it—the commission on the order amounted to 1l. 2s. 2d., but there was some small amount which had been in his hands two or three weeks—I do not think Messrs. Utley's orders amounted to that price.

Cross-examined by MR. LEWIS. Q. Did Mr. Truelove Utley, to your knowledge, know Oliver before? A. Not to my knowledge—I got all the orders from Mr. Truelove Utley, and here is my signature for the commission—he did not ask the price and I did not tell him; I believe he knew it—as far as I know, he did not know the price, as he had not dealt with the firm for years—it will be to my prejudice to say whether this is the first transaction in which I have charged any of Mr. Powell's customers 4s. 6d. for quarts, and 3s. 6d. for pints—the charge for two gallon bottles in 15s. printed, and 14s. plain, and the half gallons 8s. printed, and 7s. plain, and quarts 3s. 9d., and pints 2s. 9d.—at the time I went to obtain these orders I was fully aware of the prices—if the price had been charged to me, I should have charged the sane, rather than have lost it—I told Oliver I was going to charge is 4s. 6d., and he made me no answer—the goods were delivered a week before I knew that they had arrived—I did not deliver any of these invoices to the Utleys, but all these were taken by me from both brothers—they were not made out in my presence—I left him the list—no price was mentioned—I am independent of Messrs. Powell; I am not in their service—I have charged other customers extra prices; it is impossible for me to tell how many—I considered that I was conducting this for myself—I asked Oliver to be particular in sending the orders down to Bristol, and he showed me in the book afterwards where he had copied it, to see that each letter was right on the bill—I have seen invoices arrive from Bristol—I did not see any of these invoices made out—I did not ask what became of the original invoices—I used to receive 10l. per cent discount—I used to

let it run for three or four months—the extra money was paid at the time that my commission was paid—I explained that to Mr. Benjamin Powell—the commission and the other sums made up the exact amount I received to 1d.—my name is to this receipt in this book for 1l. 13s. 8d.—my discount is calculated on these different items—the commission amounts to 1l. 2s. 2d. of that—Oliver would not receive 1d. out of that.

NOT GUILTY .

Reference Number: t18571026-1073

1073. JAMES WALL (47), WILLIAM BURNS (21), and ARCHIBALD TAYLOR (20), Stealing 1 gallon of beer, value 1s.; the goods of Henry Larchin and others, in a barge on the Thames.

MR. GENT. conducted the Prosecution.

RALPH FIELD THOMAS . (Thames police inspector). On 15th Sept., between 8 and 9 o'clock in the evening, I was on board a police galley, and saw a barge laden with butts lying outside the Victoria Dock entrance, made fast with a rope—I saw three men on board of her—I drew my galley closer, and watched for about a quarter of an hour—during that time the barge had been unfastened, and drifted nearer to me—I then saw two of the prisoners on top of a barrel, and the other had a rope in his hand, in the act of checking the barge—I then heard a man in the barge sing out, "Is there anybody in that barge?"—I said, "Yes"—he said, "Why to h—do not you come and hawl your own barge down, for I am d—if I am going to do it," letting go the rope—they then came to the eddy, and the barge was drifting without any guide—a butt was on the stretcher of the barge—that was the one I found tapped—I stepped into the barge, and turned my light on—I had seen something spirting from a hole in the butt, and the prisoners were near enough to touch it—it was about the height of their breasts as they stood up—Wall walked round behind me on the barges behind—I ordered a constable to fetch him, and at that moment Taylor dropped this pint pewter pot (produced), and beer fell from it—I found two pieces of wood, two inches and a half long, projecting from the cask, very clumsily put in, and beer draining from one of them—they were not proper spiles—I drove them in with my knife, and cut the ends off—on searching, I found this piece of wood, of the same sort, and several chips; also, this gallon stone bottle full of beer, without any cork—it had a rope to it—it was in the head sheets—I examined the other butts, and there was no leakage—I said, "Halloo, what game is this? what business have you here? your lighter is Inside"—they said that they had come to assist Taylor—I said, "Instead of assisting him, you are putting him away"—it was Taylor's master's barge.

Cross-examined by MR. LANGFORD. Q. How long have you known Wall? A. Thirty years; he has been many years on the river—I never knew anything against Burns's character—the tide was very strong just outside, where the barge was lying—they dropped up against the dummy—it was a dark night—Wall and Burns said, "We know nothing about it, we came to assist Taylor in the dark, with the barge."

MR. GENT. Q. How far were you from them when you saw this pot fall? A. Within a yard and a half—I am sure that porter fell from it; I caught part of the splash on my trowsers—I pounced on them; I stepped 6 feet out of my own boat—Hogg was with me.

JOHN LANDER . I am in the service of Henry Larchin and others, of the Queen's Head Brewery. On Monday, 14th, I caused forty-six butts of porter to be put on Mr. Hughes' barge; they were going into the Victoria Docks—every one was in a sound and perfect state; there were no spiles in any of them.

WILLIAM HUGHES . I hired the barge, John—I received forty-six butts of porter from Messrs. Larchin; they were loaded in the night, and lay there till next day—they were to be taken to the Iris, in the Victoria Docks—Taylor had charge of the vessel; it was his business to go with her into the docks; I left him in her—I saw the butts of porter on board, there were no spiles or pegs to my knowledge, but I did not look round—I do not know this pot or the stone jar—I had not employed Wall and Burns, I know them by sight.

Cross-examined. Q. Was Taylor your apprentice? A. Yes; he was a hardworking honest boy—barges very often get adrift from their moorings, and then they generally call some of the lightermen to their help—no complaint has ever been made of the state of the butts before—when they draw the dock gate up, it would flush the craft out, and they would want a little assistance.

NOT GUILTY .

FOURTH COURT.—Friday, October 30th, 1857.

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

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18571026-1074

1074. HENRY WILSON (18), Feloniously assaulting Elizabeth Sayers, and robbing her of 3s. 6d., her money.

ELIZABETH SAYERS . I am a laundress, living at No. 33, Hoxton Square. On 27th Sept., I was standing near the London Apprentice public house, at a quarter past 11 o'clock at night—I had a pocket handkerchief in my hand, and there was 3s. 6d. tied up in one comer—I was waiting for my sister-in-law—I saw the prisoner pass by two or three times—I am sure he is the person—he rushed at me, struck me in the face, knocked me down, took the money out of my hands, and kicked me at the back of the head when I was down—there were two or three girls with him—when he took the handkerchief out of my hands he passed it to one of the girls—he knocked me down again, and then set the two girls upon me—I did not see him again until five minutes afterwards, when he was brought back—I was not at all intoxicated; I had just left my house.

JOSEPH ROBERTSON . I was near the London Apprentice on the night of 27th Sept. I saw the prosecutrix there—I saw a mob, and then I ran across to see what it was—I saw the prisoner strike the prosecutrix; she went reeling into the road; two or three girls then took off their bonnets, which they gave to the prisoner to hold, and fought her—they knocked her down, and while she was down, two of the girls got upon her—I pulled one of the girls off, and another man pulled the other off—I then ran after the prisoner, who had run into the Vinegar Ground—I lost sight of him, but I caught him, and, a policeman coming up, I gave him into custody—I am sure he is the person; I was close to him.

Prisoner. Q. When I saw you running, I started to run, and did you not say to me, "You run; you can run faster than me"? A. I did not tell you anything of the kind.

COURT. Q. When you were running after him, did you speak to him until you caught him? A. I caught him in the Vinegar Ground, on turning a corner; he said to me, "What's the matter?"—I said, "Some have robbed a party of 3s. 6d. "—I Knew it was the prisoner, and I said that, because I thought he would have turned round and hit me.

JOHN WEBB . (Policeman, R 350). The last witness gave the prisoner in charge to me—I took him to the prosecutrix—she identified him—he did not say anything; on his way to the station, he said that he came from the London Apprentice, with the rest, to catch the thief, and afterwards he said he did not know where the London Apprentice was.

Prisoner's Defence. I know nothing about it; I ran, and this young man ran after me, and when I got up to the young woman she got hold of him, and says, "I think you are the one that picked me up," and then she turned round, and said, "I think you are the man; "then the policeman took hold of me directly.

GUILTY .— Confined Two Years.

Reference Number: t18571026-1075

1075. JAMES ROBERTS (29) and JAMES RANDS (32), Stealing 1 gown and other goods, value 68l. the property of Elidor Freudentheil: and 1 trunk and other goods, the property of Gottlieb Adolph Freudentheil.

MR. COOPER. conducted the Prosecution.

HENRY HENDERSON . (Policeman, H 78). From information I received on 12th Oct. I went to Ford Street, Spitalfields—I saw this trunk (produced) standing in a door way in Steward Street—I saw the prisoner Roberts standing at the corner of Ford Street, five or six yards from where the trunk was standing—I was going towards the trunk, when a boy said, pointing to Roberts, "There is the man that carried the trunk"—Roberts then took to his heels, and ran away—I caught him about 400 yards up Ford Street, towards Duke Street—he asked me what I wanted with him; I told him, "For being concerned, with others, in stealing a trunk from a cabin Steward Street"—he said he knew nothing about it—I then took him to the station house—a young boy named Gardner came there—I went out to assist Gardner in bringing in the trunk, and I met him on the road—the trunk, is not easily carried by one man—it would not be easy for one man to take it off the cab.

Cross-examined by MR. METCALFE. Q. You said Gardner was carrying the trunk? A. He had a little boy helping him—Gardner said when he got to the station, "That is the man"—Roberts could hear him—pointing to Roberts, he said, "That is the man who was carrying the trunk in front of him"—Roberts then said, "You're a liar, you false-swearing vagabond"—I first saw the trunk in a door way, or close to the door way, in Steward Street, three doors from the corner—I did not see a cab—Roberts was standing at the corner of Ford Street and Steward Street—Gardner was standing against the trunk—I do not know where the boy is who came with him to the station—the boy ran to the station when he saw some persons take the trunk off the cab, and gave information—he is not here; we have not been able to find him—I did not see any other persons but Roberts and Gardner.

HENRY GEORGE GARDNER . I am a lithographic printer, and live at No. 10, Devonshire Street. I was in Steward Street on the Friday evening in question; I saw a cab pass with two trunks on it—in a few minutes afterwards I saw a man carrying a trunk in front of him, on his knees; Roberts is that man—that is the trunk—it was not very easy to carry in that way; it was very heavy—I saw him, soon afterwards, put it into a door way; then he took it out again, put it under a window, and walked up the street—I afterwards helped the policeman to carry it to the station—it was a heavy weight for two to carry; we could hardly manage it.

Cross-examined. Q. How long were you standing by the corner? A. About a quarter of an hour—I was standing close by; I then walked

On—when I first saw Roberts, I thought it was a man carrying a load; but when I found he put it in a door way, I thought it was a robbery, as he walked away from it—I afterwards found it very heavy, so that a person would be likely to rest it.

WILLIAM HUGHES . I am a cab driver, and live in Whitecross Place, Finsbury. On this occasion I took two ladies and a gentleman from St. Katherine's Dock—the luggage was put on the cab and inside—two trunks were put outside—that is one of them—that was on the top of the cab—I did not put a strap across, as it was heavy, and I thought it would not require it—there was a rail to keep the luggage on—one trunk was on one side of the cab, and the other on the other side—I looked round in Steward Street to see if the luggage was safe—I found it safe then, and when I got to the corner of the street I found one gone—there were three men at the back of the cab—one of them was the prisoner Rands—I got down from my cab, and spoke about the robbery; one of the men ran away and left me with Rands and another—I walked up the street with them. and they offered to show me where the man was gone—Rands told me he would show me where the trunk was gone, and he took me to Spitalfields Church, and then the other man ran away and left me with Rands alone—I then walked with him down the street until I got to Fashion Street, where I saw a policeman, and gave him in charge—I know where the trunk was found—this was quite away from it—he took me from where the box was—when the policeman came, Rands was just going to start up Fashion Street.

Cross-examined. Q. Were there three men round the cab. A. Yes—Rands is one I can identify—the height of the rail round the cab is hardly three inches—the street was paved with stones—I first discovered the loss when I turned the corner of Steward Street—the cab did not go differently—I happened to turn round—I generally look round—it is impossible to drive fast there—I was only going at a jig-jog pace.

ELIDOR FREUDENTHEIL . I was one of the ladies who came from the continent to England on the day in question—we landed at St. Katherine's Docks—I did not see the luggage placed on the cab; my brother saw it—that is the box—some of the articles in it belong to me, and some to my sister—her name is Sarah Freudentheil—Gottlieb Adolph Freudentheil is my father.

Cross-examined. Q. Have you examined the things in the trunk? A. Yes—the gown is still there—it was there when I landed at St. Katherine's Docks.

GEORGE FREUDENTHEIL . I am the brother of the last witness. The trunk is my sisters' luggage—my sisters, are under age.

JOHN REDDING . (Policeman, H 214). I took Rands into custody at the corner of Fashion Street—on the way to the station he said, "He thinks he is very clever, but he did not see us take the box off the cab"—he said that several times—when the cab man gave him into custody, he called him a b—vagabond, and said he would pay him out for it to-morrow.

Cross-examined. Q. Where did you first see him? A. At the corner of Fashion Street; he had just started to run—he had got three or four yards—he had seen me—as I ran across the road, he started to run and I caught him—I knew the man I had got hold of—when I got him he said, "I shall go with you to the station"—he made the remark I have stated two or three times.

COURT. Q. Before he made that remark, had you stated what you charged him with? A. Before I charged him, he asked what I charged him with; I said, I charged him, with others, for being concerned in stealing a trunk from a cab.

JURY. Q. What material is the trunk made of? A. Leather or canvas—there are no marks on it as if it had fallen from the cab—it has been in my custody ever since, and has not been cleaned.

ROBERTS— GUILTY . **— Confined Two Years.

RANDS— GUILTY .

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

WILLIAM HENRY MASKELL . (Policeman, G 4). I produce a certificate—(Read: "Central Criminal Court, William James Dowling, Convicted and imprisoned for one year.")—I was present at the trial—Rands is the same person.

RANDS—GUILTY. **— Four Years Penal Servitude.

Reference Number: t18571026-1076

1076. HENRY ENTWISTLE (20), Burglary in the dwelling house of Henry Brook and another, and stealing 16 bundles of cigars, value 5l., their property.

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

HENRY BROOK . I am a tobacconist, and live at No. 9A, Mortimer Street, Cavendish Square. I have a partner. On the night of the 1st Sept., I went to bed about 12 o'clock—before I went to bed I put up the shutters myself, and the house was secure—there was a bar across the shutters—I was awakened about two hours afterwards—when I went down, I found the shutter bar had been forced, and the shutter slid down on one side—the bar was not taken from the wall, but merely sprung—the window was smashed, and I observed a number of cigars had been removed—I missed from fifteen to seventeen bundles, about ten pounds weight—they are of more than 5l. value—they were safe in the window when I went to bed.

CAROLINE LEWIS . I live at No. 11, Riding House Street. About half past 1 o'clock on the morning of the 2nd Sept., I was going home, through Mortimer Street—I had to pass Mr. Brook's house—when I got to his house, I saw, standing in front of the shop, the prisoner and two females—the shutter was down and the window broken—the prisoner was taking the bundles of cigars out, and putting them into one of the women's apron—I went on, and told a police constable—there was no light there, but I saw him—I have no doubt he is the person.

Cross-examined by MR. RIBTON. Q. What are you? A. I am a dressmaker. On the night in question, I had been to the theatre with my sister, and had just left her at the corner of the street—I was on the same side of the street as the prisoner—I passed close by—from curiosity, I stopped at the railing, as if to tie up my boot lace, to see what they were doing—I was close to them—the prisoner's face was towards, me as he was taking out the bundles and giving them to one of the females—I had not gone past the shop; I was standing by the corner, at the railings—it is a corner shop—he had his hand in the window, and was talking to one of the females—that was for a minute or two—I had seen him in the neighbourhood before—I did not know him more than that—I did not see him after that night, until I saw him in custody at Marlborough Street—the policeman told me he had "the man" in custody—I went there to identify him—the policeman asked me if that was the man—I said it was—I have not seen the two women since—I should not know them—I do not think I could swear to the women, but I am not sure—I gave the address of "No. 11, Riding House Street, Portland Place"—I am known there by my own name—I live with my sister—she has the whole house—she is married—her husband's name is Lewis.

MR. W. J. PAYNE. Q. Did you go back with the policeman that night? A. I did—they were all gone then.

JOSEPH LAMBERT . (Policeman, E 68). I went to the last witness, in consequence of what I heard on the day following—I apprehended the prisoner

on 15th Sept.—I told him he was charged with stealing seventeen bundles of cigars on the morning of 2nd Sept., from a shop is Mortimer Street—he said, "Oh! I know all about that; but, so help me G—, I have none of the stuff. Pat Redman sold the cigars; I saw you and the inspector at Kay's coffee house, Brydges Street, one night last week; Pat Redman was with me, and he said, 'There are two policemen, we'll go'"—he also said he saw Pat Redman the next day morning—I searched the coffee house—I found twenty cigars in the third floor back room, Mr. Kay's bed room—the prisoner gave me his address—he said he lived in a first floor front room in Clement's Lane—he described the shop, which was a cheesemonger's—I found he lodged there—I found this crowbar (produced) in his room, in a cupboard—I have taken it to Mr. Brook's house, and compared it with the marks on the shutters—they correspond—there is also some paint off the shutters on the crowbar.

Cross-examined. Q. Have you found out Redman? A. No, I have not been trying to find him—I cannot say whether he lived at Kay's coffee house—I spoke to Mr. Kay about the cigars—I did not take him into custody—at the time the cigars were stolen Miss Lewis lived in Charles Street; she removed two days after the robbery—the address she gave at the police station is correct.

JOHN PETHERS . (Police inspector). I produce the cigars found at Kay's coffee house—I will not be positive that I saw the prisoner there, but I saw two parties with two females—I know Pat Redman; I did not know him when I was at the coffee house; I know him since—I cannot swear that I saw him there.

HENRY BROOK . re-examined. To the best of my knowledge, these are my cigars; they are Lopez Cubas—they are the same description as those I had.

GUILTY .—The prisoner was further charged with having been before convicted.

PHILIP HEFFER . (Policeman, E 99). I produce a certificate—(Read: "Middlesex Quarter Sessions; Henry Seeley, Convicted, January, 1856, of larceny; Imprisoned for Nine Months")—the prisoner is the same person—I have had him in custody before and since, for stealing lead—he has been sentenced to three months for stealing lead in this year.

GUILTY.— Four Years Penal Servitude.

OLD COURT.—Saturday, October 31st, 1857.

PRESENT—Lord Chief Baron POLLOCK.; Mr. Justice WILLES.; Sir JOHN MUSGROVE ., Bart, Ald.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.

Before Lord Chief Baron Pollock and the Second Jury.

Reference Number: t18571026-1077

1077. THOMAS ROBERT DAVIS (40) was indicted for the wilful murder of Martha Davis: he was also charged on the Coroner's Inquisition with the like offence.

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

HENRY BILES . I am the brother of the deceased Martha Davis, I know nothing about the circumstances of the case.

MARK WELCH . I live at the Royal William public house, in Ball's Pond, and am a waiter. I knew the deceased, and her husband, the prisoner—I was at the public house on the night of the 6th Oct.; I left it at 5 minutes to 11 o'clock—I saw Davis and his wife at that time, going down the street together—Mrs. Davis had got the child in her arms, and Davis had a pint of beer in his hand—he asked me to carry it for him—when I got to the door

I gave it to him in his hand—he was the worse for liquor at that time; I do, not know whether his wife was, I did not observe anything about her—nothing passed between them as they went along—I gave him the beer at the door, bade him, "Good night," and went on to Phillips's, which is near there, to deliver a pot of beer—in coming away from Phillips's, I had to pass the prisoner's house—the street door was open—I did not hear anything said—I saw a light in the bed room—this was at 5 minutes to 11 o'clock at night—the light in the bed room showed light into the passage—I saw the prisoner and his wife struggling against the cellar door, which faces the street—the next thing I saw was the child stamping its feet, and saying, "Oh, you b—" to the prisoner—the child was about four years old—after that the woman ran out into the street; she was bleeding from the neck—the child was running after her, catching hold of her dress—the child was covered in blood—the deceased held up her arms, and said, "Oh dear, Mrs. Harman!"—Mrs. Harman was looking out of her window—I ran up the street, home, to where I live—she did not say anything to the prisoner when they were in the passage together, just before she ran out—I did not see anything in the prisoner's hand myself.

Cross-examined by MR. SLEIGH. Q. The husband and wife had been in the habit of coming to your master's public house, had they not, frequently? A. Yes—he always appeared to act very kindly towards his wife—I believe he was staggering drunk on this night—he reeled against me—he could stand very well—the distance I had to go beyond Davis's door, with the other pot of beer, was about the length of this Court, not further—when I came back, I saw the man and woman struggling with each other in the passage, by the cellar door.

JOHN AUSTIN . I am landlord of the Royal George public house, Lower Road, Islington. I know the prisoner and his wife; they were very seldom indeed at my house—they were there on Tuesday night, 6th Oct—they came in at 20 minutes to 11 o'clock—they had a quartern of rum and a pint of beer—the deceased had a child with her between four and five years old—they took away the pint of beer in a little can—the prisoner had been drinking, but he was not tipsy—this was the night before the Fast Day—it was manifest that he was not perfectly sober, bat I feel confident that he was well aware of all he was doing—his wife sat down all the time she was there, with the child across her knee—she appeared to be sober—they were only in my house three minutes—a man named Bentley came in; the prisoner asked him to stand something, and he said, "Yes, let them have what they like;" and Davis said, "Let it be a quartern of rum," which I gave him; he poured out a glass of it, and handed it to his wife, and said, "Here, my dear, you drink first;" she did so, and he drank some of it, and they left, Davis carrying the beer, and she having the child in her arms.

SARAH STUMP . I am the wife of John Stump, and live at No. 11, Dorset Street, Ball's Pond, at the same house that Davis and his wife lived. I occupied the second floor; they lived down stairs on the first floor, just under me—on Tuesday night, 6th Oct., I was in bed, and about 11 o'clock I heard a grumbling noise in the bed room, the back room—I heard the prisoner call his wife a b—w—, and she said, "No, Davis, don't call me that; I have got enough of you, without any more"—the next thing I heard him say was, "I will go and get it"—I said to my husband, "Jack, for God's sake, get up; he is going to kill her"—my husband got up, and on my suggestion we went down stairs, and our neighbour, Mrs. Day, went down too—before we got down stairs, I heard her call him a rogue, and she

said, "You are a-going to kill me"—that was before I came down—I did not hear any more words before I came down stairs—as we were opening our door, we heard both her and her child call out, "Murder!" three times—when I got down stairs, I saw Mrs. Davis staggering along the I passage, and Mr. Davis coming out of the door; they were both dressed—they had been in doors about a quarter of an hour—Mrs. Davis ran into the street, and the child followed after her—I could see the blood, and that was all—I saw a razor in the prisoner's hand—my husband laid hold of the prisoner, and said to him, "Bob, for God's sake, what have you done?"—the prisoner said, "I have done the deed for her this time, I have done it to rights"—he said he gave himself up—he said, "This is what I have done it with, and I will give it up to you"—he was smothered in blood, his face and all—he was half drunk and half sober—he was not so drunk as I have seen him.

Cross-examined. Q. You sleep up stairs on the second floor, as I understand you? A. Yes—when I heard this quarrelling begin, I and my husband were both in bed, and my husband was asleep—we went to bed about 9 o'clock—I was awake at the time they came home; my husband was asleep—I awoke him—it had only been going on a very few minutes before I awoke my husband—the struggling and quarrelling was such that I thought it right to wake him.

MR. PAYNE. Q. What do you mean by saying that the struggling and quarrelling was so great? A. I did not Bay that, I said I heard a grumbling in the bed room—I did not hear her say anything more than I have stated.

SARAH ANN DAY . I am the wife of George Day, a chimney sweep. I live on the second floor of the same house that Davis and his wife lived in—ours is the adjoining room to Mrs. Stump's—I remember Davis and his wife coming home on Tuesday night, 6th Oct., about 11 o'clock—when he was in the first floor passage I heard him say, "You b—soldier's w—"—she said, "No, Davis, don't say that, I have enough of you, I want no more"—they then went into their bed room, the back room—the bed room door was shut to—after they had gone into the bed room, and the door was shut to, I heard a grumbling noise; I could not hear what was said—at last I heard him say, "You b—w—, I will go and get it, and do it"—he came out of the bed room door, and locked the door, and locked her in, and he went to the front room door, and kicked that open—he then went back to the bed room, and opened the door again, and went in—I did not hear the door shut—I heard her say, "You b—rogue, you are going to kill me"—I did not hear him say anything to that—I then heard her and the child scream "Murder!" three times—the child said, "Oh! father, you b—, you are a-killing of my mother!"—Mr. and Mrs. Stump and myself all went down stairs together—when we got down I saw the deceased staggering from the bed room door through the passage with the child by her side—I saw Davis standing between the stairs and his bed room door with the razor in his hand—he was shaking the blood from his hand and the razor—after I had seen Mrs. Davis stagger through the passage with the child, I heard the prisoner say, "Come along, jack" (meaning Mr. Stump), "I will give myself up to you"—I then heard him say, "I have done it, Jack, I have done for the b—w—this time"—he then said, "I am a happy man now"—he said, "Here I stand, like a man, and will not flinch, but die for it"—he was not sober.

Cross-examined. Q. Were you in bed when you heard the commencement of this? A. No—I was up in my room, sitting up for my husband in the second floor back room—I heard them open the hall door to come in—he

called her a soldier's w—as soon as he came in at the door—it continued up the stairs, and in their room.

JOHN STUMP . I live in the same house with Davis and his wife. I was in bed on the night of 6th Oct.—I was awoke by my wife—I heard the kicking at the door, and screams of "Murder!" from below—Mr. Davis's rooms are down below—I went down stairs—I saw the prisoner standing against his bed room door, smothered with blood, and an open razor in his hand—I said, "Bob, what have you done?"—he said, "I have done the deed for her this time; come on, Jack, I will give myself up to you"—I then took the prisoner by the arm, and placed him against the wall; I said, "What a foolish man you must be, Bob, to do this"—he said, "I have done it; I am a happy man now, and I will die for it"—I then took the razor out of his hand—he said, "Stand on one side a minute or two, Jack, while I go out into the back yard"—I said, "No, Bob, you are in my hands, and I shall not let you go out until the arrival of a policeman, and when the policeman comes he will let you go out where he thinks proper"—the policeman came some few minutes afterwards, and I gave the prisoner into his hands, for killing his wife, and likewise the razor, which was covered with blood—I saw the wife stagger along the passage—it seemed as if she was bleeding from her throat—the prisoner was rather worse for drink.

Cross-examined. Q. I am afraid he was very often the worse for drink; was he not in the habit of being in drunken fits? A. At times—I did not remain in bed, I dare say, more than two or three minutes after my wife called me, before I went down—I went down stairs as soon as I heard the screams—I did not hear a good deal of scuffling between them—I went down because I heard the woman kicking at the door, and screams of "Murder."

MR. PAYNE. Q. Did you hear any quarrelling between the man and the woman? did you hear her use any violent expressions against him? A. No, I did not.

EDMUND PHILLIPS . I am a provision dealer in Albion Place, Ball's Pond, adjoining Dorset Street. I knew the deceased and her husband the prisoner, as customers—I saw them on the night of 6th Oct. about twenty minutes to 11 o'clock—they were standing outside Mr. Austin's public house, the Royal George—I did not take any particular notice of them at that time—they were standing outside, bidding somebody good night—about five minutes to 11 o'clock I was bolting my door, and heard a scream—I could not tell where it appeared to come from, till I opened the door—I then saw the boy Welch looking into Davis's passage—I next saw the deceased run out of the house, across the road, towards the boy—there was a light in the window where Mrs. Harman lives—Mrs. Davis held up her arms, apparently to Mrs. Harman, as though she was asking for Mrs. Harman—she staggered across the road towards me—when she got to the edge of the kerb I thought she was going to fall, and I put my arms out and caught her on my right shoulder—I asked her what was the matter—she could not answer—she put her hands up to her throat—I saw her throat was cut, and the blood pouring violently from it—I held her until Mrs. Harman came—I called out "Murder!" and "Police!"—Mrs. Harman came up and went back again, and I held her till she came again—I kept on crying "Police!" and when Mrs. Harman came I delivered the woman to her, and went into my shop, on account of my wife fainting there.

MARY ANN HARMAN . I am the wife of Edward Harman, of No. 17, Dorset Street. I know the house where Davis and his wife lived—my house is facing the door of theirs—my husband being out on the Tuesday, I was sitting up for him; when he came home, I went up to the top of the street with him

to the William public house to have a drop of beer with him—we came back; my husband went into the yard; I went up stairs—I heard a noise, and opened my window—I heard Mrs. Davis screaming "Murder!" and the little child crying out "You are killing my mother"—a few minutes afterwards Mrs. Davis rushed out of the passage across the road to me, put her hands up, and said, "Oh dear, Mrs. Harman"—I ran down stairs immediately, as fast as I could—when I got to the door, she had got across the road to Mr. Phillips, and fell in his arms—I ran back again as fast as I could, and screamed for my husband to fetch a doctor—her throat was bleeding very fast—I took her in my arms—she died a few steps from her own door.

JAMES WILLIAMSON . I am a surgeon, and live at 6, Mildmay Place Ball's Pond. On Tuesday night, Oct. 6th, I was called to the deceased, who was lying on the pavement in Dorset Street—she was dead, but warm—I examined to see what had caused her death, and found her throat cut—there was no doubt at all that she died from the cutting of the throat—it was such a wound as a razor would inflict.

JAMES HOLLIDAY . (Policeman, N 518). On the night of the 6th Oct. I was called to Dorset Street—I received the prisoner in charge from John Stump, at No, 11, Dorset Street; he also gave me this rater (produced).

HENRY BOVIS . (Police sergeant, N 1). I went to No. 11, Dorset Street, on the night of 6th Oct.—I saw the prisoner in the passage there—he was in custody—he did not say anything to me then—I was in the front room, and be sent for me—I went; he asked me if I would shake hands, which I did: he did not say anything at that time—I went into the next room to assist the deceased—he sent for me the second time—he said, "Well, sergeant, will you shake hands?" I did so—he sent for me the third time, and he said, "Well, sergeant, what am I charged with?"—I said, "You are charged with the wilful murder of your wife"—he said, "I wish I were in India, to kill some of the b—s there"—he then said, "Sergeant, I shall want you to take charge of all my things, as I shall want it for counsel"—he then pointed to a work box—he said, "There is something in there"—I opened the work box, and found a piece of paper which contained a certificate of the marriage—he told me to take care of that—I have got it—on the way to the station he asked me if his wife was dead—I told him yes—he then said, "It is a bad job; it can't be helped now; it was all done in a moment"—he was drunk—I had cautioned him two or three times previous to his saying anything.

GEORGE LANGDON . (Police inspector, N). On Wednesday morning, about ten minutes to 1 o'clock, I was at the station—the prisoner said, "Mr. Langdon, I want to speak to you"—I proceeded to the cell door; seeing the state he was in, I said "Davis, you are not in a fit state to make any statement to me; go and lie down; I decline to listen to anything you say?—at half past 3 o'clock he said, "Mr. Langdon, are you there? I want to speak to you"—I then went to his cell again; I then said, "Davis, you had better be careful what you say to me; this is a very serious charge, and whatever you say to me, I might have to use it in evidence against you on your trial"—he said, "I thank you"—he then said, that they had been out all day together, his wife and he, and had spent a comfortable day together; he had been carrying some work home to Peckham Rye, and when they got home to their residence at Ball's Pond, he went out to get a pint of beer, some rum, and a pound of meat for their supper; when he returned home this occurred momentarily; he did not do it—he said, "I did not do it"—he then said, "Is she dead?"—I said, "She is"—he said,

"Good God, a better wife never walked English ground"—on the way to the police Court, the following day, he said, going along in the cab, "It's a bad job; I did not do it; I liked her too well to serve her in that way."

GUILTY .— DEATH .

Reference Number: t18571026-1078

1078. ALEXANDER MOODY (41) was indicted for feloniously killing and slaying Mary Ann Moody.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

MARIA APPLETON . I live with my husband, at No. 30 A, Grosvenor Mews. The prisoner and his wife live in rooms adjoining ours—it is a different house, but only the wall separated them—on 17th Aug. I was in company with Mrs. Moody after 11 o'clock at night—when I returned home she was in a neighbour's room—we went to the Coach and Horses, I and my husband, Mrs. Turner and her husband, and the deceased—this was about a quarter or 20 minutes past 11 o'clock—we were at the Coach and Horses about ten minutes—we had half a pint of gin there among the five—the deceased merely tasted it; she drank about a spoonful—I cannot say whether she had had anything to drink before that; I was not at home—she appeared to have had a glass, but was not at all tipsy—I think she had had a little—I left the Coach and Horses with her about 20 minutes to 12 o'clock—I saw her go into her own house—I went into mine—I am able to hear in my room what passes in hers—I am certain she went into her room; I could hear her there—I went to bed directly—between 2 and 3 o'clock in the morning I heard the prisoner come home in the next house—I had been asleep, and the dog barking awoke me—the prisoner came into his room, and shut the door, and began d—g his wife, and calling her filthy names—he said, "You d—b—, where have you been? where have you been?"—that repeatedly, three or four times, and "Who have you been with? where did you get the drink? where did you get the money?" repeating the words a great many times—she said, with a cry, "I have not any; I have not been paid"—after that I heard him say, "Hold up your head, hold up your head, hold up your head;" and I heard three distinct blows struck—he said "Hold up your head" after I heard the blows—I heard no more after that—about 8 o'clock the prisoner called me, and I went into his room—he said, "Here is a pretty thing; I came home, and found her beastly drunk"—I said, "No, not beastly drunk; she might have had a glass, but she was not beastly drunk; but I heard you beat her through the night"—he said, "I only hit her with my open hand; I hit her a pat or two with my open hand"—he then said, "What shall I do? we are going out for a day's excursion; I am nearly mad; I have a d—good mind to take the hammer and finish her"—he was very much agitated at the time, but he appeared to be quite sober—he said, "Look on the floor; that is what has flowed from her mouth while she laid on the floor; I do not know how long she had been there"—the deceased was then lying on the bed; she was quite cold—she was not under the clothes, or covered up; she had got her petticoat and stockings on—she had not undressed the previous night; she had her gown off; she never wore stays—I saw something on the floor; it appeared as if she had vomited there—I felt her, and spoke to her several times, but she was insensible—I remained there a few minutes—the prisoner said, "I would give the best 20l. that ever was, if her face was not like that"—her face was bruised very much, from the back of the right ear down to the neck, and her eye was entirely closed; the lid was very much swollen—I was then called out of the room—I said I would come in again

presently—when I went back the door was fastened, and I could not get in—I knocked several times, and I went through a person's room to the front door, and that was locked also—there are two entrances, one by my door, and one in Bruton Mews—both doors were fastened—I called to her several times during the day, every twenty minutes or so—there was a little piece of wood in the door that I knocked down, so that I could put my mouth quite inside the door and speak to her, but I never got any answer from her during the day—Mrs. Turner was with me all the day—she fetched a policeman—he broke open the door, and I went in with him, and my husband, and Mrs. Turner—the deceased was on the bed, as I had left her in the morning—she had never moved—the policeman spoke to her first—she was sensible—we roused her, and I asked her if she would have some tea—she said, "Yes," and I gave her two cups of tea—she spoke very little—I went out, and met the prisoner in Cork Street—he said, "Have you seen my beauty to-day?"—I said, "Yes; I have had a policeman, and opened the door, and given her some tea"—he said "I have prayed to God all the day that I might find her a corpse"—I went on—I afterwards went to her room again, and we washed her, and put her to bed comfortable—I and to the prisoner, "Are you going to fetch a doctor?"—he said, "Oh, yes," and he went for one—when I washed her I saw no bruises about her body—she was quite wet with vomit all over the shoulders—I was there when the doctor came—he sent some medicine, which I gave her—I attended to her all the next day, while the prisoner went out fishing—I did not do anything for her after that day, merely ran in to see her from time to time until 29th Aug., when she was taken to St. George's Hospital—I went with her, and the prisoner also—he told the doctors that she had fallen out of bed in a fit—I cannot say to whom he said that; there were five or six round—I had never had any quarrel with the prisoner before this—he was always a very good neighbour—I had a dispute with him afterwards, before this charge was made against him—he used to come out every now and then and abuse me very much—I had great forbearance with him, which he took me before the Magistrate, Mr. Bingham, on 22nd Sept., and made me pay for—I was fined two guineas, or one month's imprisonment—I do not know what it was for—he said that I hallooed up and down the street at him, "There goes the murderer; there goes the thief; that is the man that killed his wife"—I never said such a thing—I told the policeman, who opened the door, the state she was in, and that I did not think she would ever get well.

Cross-examined by MR. SLEIGH. Q. I think it was not until after he made a charge against you before the Magistrate, that you made any charge against him of ill usage to his wife? A. I never made the charge at all—I did not appear against him until I was called up—the deceased was taken to the hospital on the Saturday, and died on the Sunday night; I do not know the day of the month—I do not know on what day this matter was first investtigated before the Magistrate—after she was dead the prisoner complained to me of having kept his wife's company, and caused her to drink—I kept her company but very little; I am not a drinking woman—I had seen the deceased in the morning of the 17th Aug., she borrowed my ironing stool of me, I was not drinking with her—the prisoner never begged of me, before this occurred, not to lead his wife into drinking; he never said anything of the kind to me—I have not been very often with her at the Coach and Horses, drinking; the most it might occur would be once or twice in a year—the prisoner did not find his wife and I there two or three days before

this occurred, I positively deny it—I was not there with her on the Friday previous—I lived next door to them, the wall that divides our rooms is wood and brick or plaster—there used to be a door between, and that is only lath and plaster—they slept on the ground floor and so did I—I think there are three floors to the house, but they did not occupy them the head of my bed came to the side of their bed—I do not know who else lived in the house, because those who lived over us did not come into our yard—in our room there was my husband, myself, and two children—my husband was in bed with me at the time this occurred—in the next room to us there was Mr. and Mrs. Turner, and three children—the prisoner lived on one side of us, and the Turners on the other, and in front of us there was another family, but the yard parted us—I do not know the name of the policeman that came on the next evening, his number is 168 C—I have not seen him here to-day—I never knew the deceased to have a fit of apoplexy whilst she lived next to me, and that has been turned seven years—I did not know her before—she never had a fit of any kind during that time—never heard the prisoner say so; I never heard of her having a fit till he said it to the doctors at the hospital—I remember inspector Webb going to the house with an officer named Crabb, for the purpose of ascertaining what could be heard from one house to the other—I was present—Webb made no remark to me about it—the relatives of the deceased did not come daily to see her—the prisoner's sister came to see the deceased one day before she was removed to the hospital, and I believe on one occasion her own sister came; and I believe her mother, was there once, but I was not in the house at the time—I saw the sister there, I let her in the day after it happened, her name is Jones—she and I talked about this—I did not tell her that he had beat her so severely, I merely said he had beaten her; she said he had hit her with his open hand, she knew he did not hit her with his fist—I said very little to her—the prisoner was not there at the time, he was out fishing—he must have seen Mrs. Jones before I did, because he had been to tell her to come—she said she could see it was only done with the open hand—I never had any dispute with the prisoner or his wife before her death.

JOHN HENRY TROUNCER, M. D . On the night of 18th Aug., I was called in to see the deceased; I found her lying on the bed on the ground floor—she was in a state of partial insensibility, she could answer questions slowly—she said, "Yes," or "No;" I asked her but few questions while in that state—I found the right side of her face, the right temple, and the right side of the neck considerably swollen; on the surface of the right temple I found redness and contusion; the right eye lid was congested with blood, and swollen, and perfectly paralysed; the right arm was perfectly paralysed, and the right limb partially so; the right pupil was considerably dilated the left natural—the prisoner was present at the time I saw his wife—he came for me and accompanied me back—when I saw the state she was in, I remarked generally, "How did this happen?"—from some one, I cannot say whom, in the prisoner's presence, I learned that he had returned home between 2 and 3 o'clock in the morning, that he had stated he had found his wife intoxicated, and that he had given her a blow with the open hand—I then asked the prisoner if that was correct, and how it had happened—he stated that he had returned home, found his wife beastly drunk, and gave her a slap or two, but only with the open hand—I remarked that it was my opinion he must have used more violence than that to have produced such a result—a great deal of mischief may be done with the open hand, but from the appearances at the time I thought it could not have been produced by

the open hand; the appearances were so considerable, they extended over the entire lace and neck—the hand would cover that space, and I believe now that it could have been produced by the open hand—it appeared to me to be more likely to be by the open hand than the fist—the fist would have made a different impression, and there would have been more discoloration—I think it must have required a very severe blow to produce the swelling and contusion I saw—the prisoner remarked, either then or previously, that she must have fallen out of bed, otherwise he could not account for it—the bed was very low; in my opinion, a fall from the bed could not have produced the appearances I observed—I attended her up to 28th Aug., at their own residence, and on 29th she was removed to the hospital—she had recovered to a considerable extent—she recovered the use of her limb, she was able to stand and walk a little, but finally she relapsed, when she was taken to the hospital—I did not see her there alive—I saw the result of the post mortem examination; I saw the brain—there was considerable effusion of blood; it appeared to be of some days' standing—it would have caused the partial paralysis I had observed—I did not observe any other injury about the deceased, except those on the head and face—the effusion was the consequence of a rupture of some small vessel; any violence affecting the head might produce that—I attribute the cause of death to the violence on the head and face—I observed no other violence.

Cross-examined. Q. The proximate cause of death was the effusion? A. Yes; that effusion might be caused either by violence, or by disease, apart from the circumstances of the case—similar appearances would be presented after death in a case of apoplexy, whether the apoplexy resulted from disease or from violence: the appearance of the brain in the two cases would be different—if I had been called upon to examine the interior of the skull, without having been told anything of the circumstances of the case, I cannot say that I should have said that the proximate cause of death was apoplexy—I should have expected to find an indication of the brain, or the vessels, being diseased—apoplexy from disease generally occurs in the centre of the brain, in the substance of the vessels, not where we found it here; this was over the right hemisphere, between the membranes, on the surface—the brain was exhibited to me after it had been taken out of the head—that did not give me so advantageous an opportunity of judging as if I had seen it actually taken out—from only seeing this brain, I should not have been able to decide as to the cause of death, decidedly not—Mr. Holmes showed me the brain—it has been the case that persons have died of apoplexy, and, upon a post mortem examination, no disease of the brain has been apparent, but not with the blood in the position this was found, to my knowledge—anomalous cases are found, and this case was one—you can sometimes trace where the exact rupture is—I did not do so here—in cases of effusion of blood, I believe a vessel must be ruptured, either by disease or by violence—you do not always find fracture of the skull where a vessel is ruptured by violence—it is so as a rule, but not without exception—it is more generally so—extravasation is frequently found between the scalp and the cranium when a blow has caused effusion of blood—the proximate cause of death was the effusion of blood—I certainly do pledge myself that the effusion was caused by violence, knowing the history of the case—I do not think, in this case, that the apoplexy might have been superinduced by intoxication, because I saw the amount of injury.

COURT. Q. Was that the opinion you formed when you saw the brain? A. It was; the patient died on 30th Aug., and I think I must have seen the

brain on the Wednesday or Thursday following—when I found a certificate had been given, I went to the hospital to inform them of the case—I communicated all the particulars I have now done, to the hospital authorities—I saw none of the friends of the deceased.

MR. CLERK. Q. Did you make a communication to anybody besides the people at the hospital? A. Yes, to Mr. Wakley, the coroner; that was more than a fortnight after the death—no inquest was held—if the case had died under my notice I should have had an inquest immediately; but the case was not under my notice when she died, therefore it was out of my jurisdiction—I supposed that the history of the case would have been well known to those in charge, and I considered that I was exonerated from further interference in the matter; but when I heard that a certificate had been given, stating apoplexy as the cause of death, I thought it necessary to call on the hospital authorities, and inform them of the history which had been given me, and which I believed to be correct, and then, finding nothing come of it, I wrote to Mr. Wakley.

TIMOTHY HOLMES . I am curator to the Museum of St. George's Hospital. I examined the body of the deceased there—there were no bruises about the body—there was an extravasation of blood over the surface of the right side of the brain, between two of the membranes, of very considerable thickness, and apparently of many days standing—it was partly solid and partly fluid, as if the blood had been extravasated or effused at different period, the solid parts having lost their colour a little—I should suppose there had been different extravasations, but it is entirely a matter of opinion—I could not say with what interval—I mean that one extravasation had gone on and stopped, and then another had occurred at a different period, then a third, and possibly more—the first extravasation must have been of several days' standing, because the blood had partly lost its colour; if it had been of several weeks' standing, I think it would have been more firmly adherent—I think it very possible that a part of that extravasation might have taken place a fortnight before I made the examination, which was on 31st Aug.—I do not think it is possible to date these things with any accuracy—the texture of the brain was perfectly healthy, except that one of the ventricles was slightly distended with fluid—the deceased was stated to be thirty-five years of age—I could not come to any conclusion as to what part of the brain the ruptured vessel was in—I searched pretty carefully, but all the vessels I had the opportunity of examining appeared perfectly healthy—of course there must have been a rupture of some vessel, but I could not find it—there was sufficient effusion on the brain to account for death—that was the cause of death—I showed the brain to Dr. Trouncer—at the time I made the examination, I had heard that the patient had received a blow on the eye—I heard that casually—I forget who told me—there were no appearances of any such blow, or of any external injury at the time I made the examination.

Cross-examined. Q. If you had examined the head without any previous knowledge of the facts, would not your conclusion have been that the patient died from apoplexy? A. Yes, in my judgment—that was my opinion, and that was stated in the certificate—Mr. Potter, and several other gentlemen, were present at the examination—apoplexy sometimes takes place where no visible cause is present—there were no external appearances of violence that I could make myself sure of—where effusion on the brain is induced by external violence, we generally find a fracture, more often than not—there was no fracture here—there are cases in which persons have lived for months, and even longer, with extravasation of this kind produced by violence, and

they occasionally recover altogether—it is usually the case that persons die in a shorter period.

COURT. Q. Could you form an opinion, with reasonable certainty, that the cause of death was this slap on the face? A. I think, considering the appearances which Dr. Trouncer found when he was called in to the case, that the cause of death must have been external violence—I do not think that is a matter of mere conjecture—I feel very confident that the effusion of blood must have been produced by external causes—I did not see the deceased before her death.

HENRY POTTER . I am house apothecary to St. George's Hospital. I remember the deceased being brought there, on 29th Aug.—the prisoner and Mrs. Appleton accompanied her—she was then slightly sensible—I asked her if she had any pain in her head, and she tried to put her hand up—she had all the appearances of apoplexy—there was a drooping of the eyelid, and partial paralysis on the right side—there was the very slightest possible mark on the top droop of the eyelid—it was so slight that I took no notice of it—it was a slight discoloration like the end of a bruise—she died on Sunday—I was present at the post mortem examination made by Mr. Holmes—at the time the prisoner came with the deceased, he told me that she had had a fit, and had tumbled out of bed, and he thought she had hurt her head—Mrs. Appleton was present so as to hear that—she made no observation to me at all on it—she did not contradict it at all.

Cross-examined. Q. Did the prisoner further say, in your hearing, that his wife had had two previous fits? A. I asked him if she had ever had a fit before, and he said, "Yes; two"—I attended her throughout as labouring under apoplexy—I saw Mrs. Appleton in the ward after she went to bed, but I never saw her afterwards—she never made any statement to me of any violence towards the deceased—it was my opinion, from the post mortem examination, that she died from apoplexy—I have attended a great many post mortem examinations—this was an unusual form of apoplexy, but not one. that you could object to—the effusion was in the cavity of the arachnoid, and not in the substance of the brain itself—it is most usual to have a fracture of the skull where effusion is produced by external violence, and extravasation of blood under the scalp—intoxication is one of the exciting causes of apoplexy.

MR. CLERK. Q. Does death sometimes occur from external violence, without any fracture of the skull? A. I believe there are such cases, but I am not quite prepared to say—they are very rare—if a person were in a state of intoxication at the time external violence was used, she would certainly be more disposed to have the vessels ruptured, and death would be more likely to ensue, because she would have congestion of the brain.

COURT. Q. Congestion is a species of apoplexy, is it not? A. Yes, which the stammering speech and the unsteady gait indicate.

MR. SLEIGH. Q. Suppose a woman, in a state of intoxication, felling out of bed, might she not, by her head coming in contact with the floor, sustain such an injury as to produce the effusion? A. I think it very likely.

CHARLES WEBB . (Police inspector, C). I apprehended the prisoner on Monday morning, 12th Oct., about 1 o'clock—that was not the first I had heard of the charge against him—I had received my first information about three weeks previous to that, from the Commissioner of police—he was at his own door in North Bruton Mews—I had been there three weeks previously, he was not than at his house, but he was in the neighbourhood—when I apprehended him, he said that it was a cruel thing; that it had been got up

by Mrs. Appleton; that he had had her before a Magistrate, and she had been fined 42s. for calling him a criminal man, or a man of crime, or some words to that effect; that it was well known that his pretty little dear had had a fit, and had fallen out of bed; that he found her so on the floor, with secretion round her mouth; that it was known she had died from apoplexy, and the doctors at St. George's Hospital had given a certificate to that effect; that she had left him for six weeks at a time, and was brought back from the "Dials" without a petticoat to her bottom—I had seen Mrs. Appleton before I apprehended him—I went to the prisoner's house, in order to ascertain whether a person could hear from Mrs. Appleton's room what was passing in the prisoner's room—that was after I had taken him into custody, in the same week—I went into the prisoner's room, and placed a constable in Mrs. Appleton's room, desiring the constable to speak in an ordinary tone of voice, and I afterwards placed him in the prisoner's room, and went myself into Mrs. Appleton's room—I could hear a muttering, but I could not hear distinctly what the constable said—he is not here—the result was the same when we changed places, except when I told him to call, and then I heard what he said—it is a brick partition between the two houses; I suppose about a four inch brickwork—I cannot say whether it was brick throughout—at the time I was there, which was the middle of the day, there was a mangle going overhead, and the ordinary business was going on in the mews—I could hear the words the constable used when I told him to call, but not when he spoke—I had not told him what to say.

Cross-examined. Q. When did you first hear of the death of this woman? A. Shortly after it occurred—I read the account in the newspaper.

COURT. Q. Had you any warrant for the apprehension of the prisoner? A. I had not—I apprehended him by instructions to take him before a Magistrate on the best evidence that might be got—I took him on 12th Oct.—I made an inquiry some three weeks previous to that—no evidence was taken then—I imagine that I am the prosecutor in this case—the law was set in motion, I believe, by Mr. Trouncer first applying to Mr. Wakley to hold an inquest—that is only what I have been informed; and then it came to the police—I made some inquiries—the prisoner made a complaint before the Magistrate against Mrs. Appleton for using abusive language—the inquiry was going on at that time—no persons were examined on oath—the depositions were taken down afterwards.

HENRY POTTER . re-examined. Sickness very commonly attends apoplexy.

MR. SLEIGH. to MR. TROUNCER. Q. Did Mrs. Appleton, on one or two occasions, while the deceased was ill, bring her brandy, contrary to your directions? A. I did not see her at the hospital; that did not occur at her own house, to my knowledge.

MARY ANN TURNER . I was one of the party at the Coach and Horses, with Mrs. Moody, on the night of 17th Aug. I saw her go home—at that time she had had a little liquor—she was able to walk by herself, and to walk straight—she had to walk about a hundred yards from the Coach and Horses to her own door—she walked without assistance—I did not see her again till 7 o'clock the next evening.

Cross-examined. Q. Do you not know that the deceased had had an attack of apoplexy? A. Yes; nearly two years ago; and I heard from her own lips that she had been previously attacked by apoplexy many years before, and Dr. Harding, of Cardigan Street, attended her—I nursed her during her illness, after this occurrence—during the time she was ill, Mrs. Appleton brought her gin twice—the doctor had forbidden it—the prisoners

sister came to see her on the Wednesday, and her own relations came on the Tuesday following—during the time I have known the prisoner and his wife, he has conducted himself as a fond and affectionate husband, as far as I know—I never heard them quarrel—latterly the deceased has been addicted to drinking at times, and at times she was in the company of Mrs. Appleton, at the public houses in the neighbourhood—I know that the prisoner was continually complaining to Mrs. Appleton of the change in his wife's habits.

MR. CLERK. Q. Did you ever see her suffering from any fit? A. No; she had one fit two years ago, and one nine years ago—she was telling her sister of the one two years ago, and her sister reminded her of the other that she had had in Cardigan Street—that was in her own house, while she lay ill—she stated that she had been obliged to have mustard poultices applied to the back of her neck, and that after the death of her infant, she had a numbness all down her back and side.

HENRY POTTER . re-examined. I think if she had had an attack of apoplexy before, we should have seen some symptoms of it in her brain—I heard that she had had such an attack, both from her own mouth and from her sister—if she had, she would be more likely to have another—she would be more predisposed to it.

(The prisoner received a good character, and, amongst others, from the deceased's brother and sister.)

NOT GUILTY .

NEW COURT.—Saturday, October 31st, 1857.

PRESENT—Mr. Baron MARTIN.; Mr. Ald. CUBITT., M. P.; Mr. Ald. HALE.; and Mr. Ald. GABRIEL.

Before Mr. Baron Martin and the Seventh Jury.

Reference Number: t18571026-1079

1079. RICHARD GENNS (21), Feloniously attempting to set fire to an out house belonging to Joseph Hedge, with intent to injure him.

MR. LEWIS. conducted the Prosecution.

THOMAS HARRIS . I live at No. 46, Middlesex Street, Somers Town. I have part of the same yard with Mr. Joseph Hedge, a cow keeper—on 6th Oct. Charlotte Hedge came to me; I ran down the steps, and turned my eye round, and saw the hay in the shed on fire—that shed was not more than twenty yards from the back door of Mr. Hedge—I went and extinguished it—there were three trusses of hay on fire when I went in, and then one more burst out—there were thirty-six trusses of hay there—the prisoner had been at work with me before breakfast—when Mr. Hedge came home, he began abusing him—the last time I saw the prisoner was about ten minutes before I saw the fire—I had turned him out of the yard—there was no one on the premises between 3 and 4 o'clock but the prisoner.

Prisoner. I went down the yard, and the cow keeper said I had been wanted; I went to Mr. fledge, and said, "Do you want me now?" he said, "No, come on Tuesday morning;" I went on Tuesday morning, and Mr. Hedge said he would give me some dinner; I went up stairs to him, and he was writing a letter; I was standing at the door, and he said, "If you don't go down, I will kick you;" I went down, and left the yard; I did not come down to the yard again; I did not know that I had any lucifers with me.

WILLIAM WRIGHT . I am cow keeper to Mr. Hedge. I have known the prisoner twelve months—I saw him on the premises on 6th Oct.; I ordered him off about half past 3 o'clock—he said he was not going to hurry, and after he got outside he said, "You have no occasion to be so bounceable, you won't be there long"—I asked him the reason, and he said, "That it my business"—this was about half past 3 o'clock—I had seen the hay safe about five minutes before—I saw the prisoner no more till he came and tapped at my window to call me, at 4 o'clock—he said, "You are wanted;" he did not say for what—when I was going across the road, I understood him the hay was on fire—it was in the shed—it was the back part of the hay that was on fire—no one could have got easily at that part.

ELIZABETH BURDETT . I am a widow, and am housekeeper to Mr. Hedge. At 20 minutes before 4 o'clock I was in the kitchen; the prisoner passed the window—I had previously heard the cow keeper order him out of the yard—I did not see any one else on the premises—I afterwards heard the little girl scream.

CHARLOTTE HEDGE . I live with my father, at No. 46, Middlesex Street. On 6th Oct. I saw some hay on fire; I called attention to it—I had not been near the hay before I saw it on fire—I had no lucifer matches with me—I had seen the prisoner on the premises not long before I saw the fire—I had seen no one on the premises between half past 3 and 4 o'clock but the prisoner.

JOHN CROOK . (Policeman, S 198). I took the prisoner into custody on 6th Oct., about half past 4 o'clock; I told him he was charged with setting fire to the premises of Mr. Hedge—he said he had not been in the yard all day—on the way to the station, he said there were some children in the yard, and he said it could not be him that set fire to the premises, for he had no lucifers about him—I attempted to search him at the station; he resisted, and attempted to tear his waistcoat in two—I found four lucifer matches in his right hand pocket—here is a part of the hay that was burned—it was set on fire at the back.

Prisoner. I did not set fire to the hay; I was not near it; I did not know that I had those lucifers in my pocket; I had a pipe of tobacco in my pocket; Mr. Wright said nothing to me about going out of the yard.

NOT GUILTY .

Reference Number: t18571026-1080

1080. ALI (25) and MAHOMET , Feloniously wounding Mariano Francisco, with intent to do him grievous bodily harm.

MR. LAXTON. conducted the Prosecution.

(The prisoners, being Arabs, had the evidence explained to them by an interpreter.)

FRANCIS OWEN . I am house surgeon at the London Hospital. On Sunday, 27th Sept., Mariano Francisco was brought to my place, about 8 o'clock in the evening—I did not see him immediately on his admission—when I saw him, he was in bed—he had a small wound in the chest about an inch long, but as it had been closed I did not open it; it was over the breast bone, and apparently made with a knife; it was about two-thirds down the breast—a knife like this (produced) might have inflicted the wound.

MARIANO FRANCISCO . (Through an interpreter). I am a Manilla man. I was a seaman on board a vessel; I do not know the name of it—on Sunday, 27th Sept., I left the ship, with my comrade, about half part 5 o'clock in the evening—we took a walk, and as we were going along the

street there were a great many persons—I saw Ali; he came towards me, and struck me with a knife, without my giving him the least provocation—I had not seen him before—he struck me on the breast—I was not taking part in any fight.

Ali I do not know this man at all.

ANN ALLEY . I live in Victoria Street, Shadwell. On Sunday, 27th Sept., I went into the Royal Sovereign public house with the Manilla men—there were about fifteen persons—the two prisoners were there—I did not see any other men come in—Ali began calling the Manilla men names; be spoke in English as well as he could—the Manilla men wanted to fight, and Ali got up, and wanted to strike me in the public house, and Mahomet kept him back; Ali then went out of the public house, and I went out—I saw one of the Manilla men strike Ali, and he fell; he got up, took a knife out of his pocket, and called for his countrymen—the other Arabs came out; they had ropes and knives and sticks in their hands, and all the Arabs got fighting with the Manilla men—I observed Mariano Francisco; he was passing by—he had nothing to do with the fight that I saw—I saw him receive a stab in the chest from Ali.

Ali. I do not know this woman; I do not know this man; I do not know anything about the matter.

MORRIS LANE . (Policeman, K 397). On Sunday, 20th Sept., I took Ali into custody about half past 5 o'clock—he attempted to take this knife out of his pocket; I got hold of his wrist, and another officer got the knife from him—it was covered with blood.

Ali's Defence. My vessel came with my friends; we went to drink at the public house; I saw a mob, and I was taken by the policeman; I do not know this matter at all; I had this knife, as sailors always have; I never hit anybody. (The Superintendent of the Sailors Home stated that the prisoners had been seven weeks there, and conducted themselves well.)

ALI— GUILTY. of Unlawfully Wounding.—Recommended to mercy by the Jury. — Confined One Day.

MAHOMET— NOT GUILTY .

Reference Number: t18571026-1081

1081. ALI and MAHOMET were again indicted for unlawfully wounding Mariano Francisco, on which no evidence was offered.

NOT GUILTY .

Reference Number: t18571026-1082

1082. WILLIAM BROWNHILL (40), Feloniously cutting and wounding Caroline Brownhill, with intent to do grievous bodily harm.

CAROLINE BROWNHILL . I am the prisoner's wife; we live in Bethnal Green. On 18th Sept. I was in bed; my husband was at work—it was between 2 and 3 o'clock—we had had words the previous day—he had been wandering about the place—he has been bad in his bead several times—I did not think he was so bad as he was—I had hit him with a broom, and he turned away—on that morning he cut me a little—I was in bed; he was standing at his bench—I aggravated him—he came to the bed side, and took hold of me, and I did the same to him—he gave me one or two small cuts; I believe it was an accident—I consider I was the worst of the two—he was a very kind man, and very affectionate.

Cross-examined by MR. ORRIDGE. I believe he had been ill two or three weeks before this? A. Yes.

WILLIAM BROWNHILL . I am the prisoner's son. I heard my mother scream that morning, and I went up stairs; I met my mother coming away—I saw my father there; he did not say anything to me—he did not say, "Oh, Bill, I have cut your mother's throat"—they had quarrelled two or three times the day before, and my mother bit him with the broom.

Cross-examined. Q. Has your father been kind to your mother? A. Yes—he is a shoe maker—he has been ill, and he used to walk about, and not know what to do with himself.

---- ----(Policeman, H 116). I went to the prisoner's house that morning—I saw his wife outside the door, bleeding; I took her to her brother's—I went back to the house, and when I got inside I saw the prisoner coming down stairs—I asked him what he had been doing—he said, "I have cut my wife's throat"—I said, "What did you do it for?"—he said, "I do not know, I did not know what I was doing"—I asked him how he did it—he said, "With a knife which was up stairs"—I went up stairs, and found the knife—he said, "I have done it, but I did not mean to do it."

Cross-examined. Q. Did you find any other knife? A. Only this one—it is a shoe maker's knife.

RICHARD WALLIS . I am a surgeon. I examined the prisoner's wife—I found she had five or six wounds; two or three of them were two or three inches long—they were superficial.

Prisoner's Defence. I do not recollect anything of the circumstance; I was in an unconscious state of mind when I did it.

GUILTY. of Unlawfully Wounding. — To enter into recognizances to appear and receive judgment when called for.

Reference Number: t18571026-1083

1083. CHARLES ROBERT FRENCH , Stealing 9 lbs. weight of sugar, value 3s., and 9 lbs. weight of sugar, value 3s.; the goods of the directors of the poor of the parish of St. Pancras.

MR. GIFFARD. conducted the Prosecution.

CHARLES HIBBERT . I am clerk to the directors of the poor of the parish of St. Pancras. The prisoner was the cook at the workhouse—he was paid a salary by the directors—he had a room appropriated to his use in the workhouse—he did not sleep there—on 21st Sept., I went with some other persons to his room—it was locked; I obtained the key from the master—I found a brown paper bag on a table, and two cupboards locked up—I left them locked, and sealed them up—there was a locker locked up, which I sealed, and the window was sealed also; I locked the room—on 23rd, I went again with the prisoner—I opened the room, and the cupboards and locker were just as they were left—the cupboards and locker were unlocked by the prisoner, he had the key—in the locker was a quantity of loose sugar, and a broken basin, which was all over sugar—the sugar was left there; in the cupboards was a large bag of sugar which was afterwards weighed, and which weighed, I think, 40 lbs.—I think the sugar in the locker was about the same weight, and there was a lump lying by the side, about the size of my two hands—the prisoner said he should wish to explain as to the sugar, as the storekeeper might get into some trouble—he said it was sweepings, and had accumulated for two years and a half.

Cross-examined by MR. METCALFE. The storekeeper was sent for? A Yes; Mr. Young was present—the prisoner said it was quite necessary to send for the storekeeper, and for him to make explanation—it was almost immediately after he said it was sweepings—I went on the 21st, and sealed the place up till the 23rd, from Monday till Wednesday—the prisoner was suspended on the 15th, and he did not return to the workhouse till the 23rd—he was desired not to do so, and as far as I know, he did not—the directors meet once a week for general business, and other times for standing committees—it was said that the directors dined there once a week

on the meat supplied to the paupers--the directors made a very active search, not in consequence of that, but after that—these complaints were made at the time of the election in May, last year—there have been many great complaints of the expenditure and waste at the workhouse.

Q. Did not one of the directors say he would not work without he was paid? A. I believe there was something of that—the meat for the directors comes out of the ratio—Mr. Young is a director—he never dines there to my knowledge—up to the time the prisoner was charged, he bore a very good character—he has been there since Aug., 1849—I have no doubt he bad a good character when he came.

RICHARD RYAN . I am storekeeper at the workhouse; it was part of my duty to supply the prisoner with sugar—I supplied him daily, and also weekly—the weekly supply was on Wednesday—I daily supplied him with 26 lbs. in two cans of 13 lbs. in each—his duty was to supply the kitchen, and to sweeten the tea of the paupers—the whole of the tea was put into a copper—the Wednesday supply was nine bags of 28 lbs. in each—that was to be weighed out in half pounds to a certain class of inmates who were allowed to sweeten their own tea—the quantity fixed was to be delivered out by him—I have seen the bag found in the prisoner's room—it was the same kind of bag as those which contained the sugar I supplied—I was sent for, and saw the sugar found in his room—it was the same kind of sugar as I supplied to him.

Cross-examined. Q. Did you supply two cwt and a quarter on Wednesdays, and 26 lbs. on other days? A. Yes; the weekly supplies were sent to the kitchen, and the daily supplies to the prisoner's room—that was delivered to the officers, who are paupers—I do not know that they are paid 1s. a week for doing their duty—I was storekeeper at St. Marylebone, and was promoted to the office of master—there was some disturbance, and I resigned, and I think about a month afterwards I was taken on at St. Pancras.

JOSEPH ROBERTS . I am an inmate of St. Pancras workhouse. I was this summer employed under the prisoner, in the kitchen, to assist in the cooking, and to serve out the supplies on Wednesdays to the inmates—I was there while the sugar was being weighed out—it was not all weighed out—what was not weighed was taken to the prisoner's room—on Wednesday I used to fetch nine bags of sugar from the storekeeper's office to the kitchen—I used to empty eight bags, and of the ninth bag the prisoner would say, "Empty about half that bag; "and he would take that sugar and put it in his room.

Cross-examined. Q. Were you an officer? A. No; I had no pay, only a pint of beer a day—I fetched the sugar from the storekeeper's to the kitchen, it was weighed by the prisoner—the warders used to take the sugar away; they were paupers also—I believe all the sugar was always sent for—I do not know how it was there was any left—there used to be this left when they were all served, and that the prisoner took to his own room—the prisoner charged me once with taking some sugar—I left about 1 lb. of sugar in a bag, and when I had done, the prisoner said, "What have you got there?"—I said, "Bags," and he took it, and found this sugar, and he emptied it into his half bag, and took it to his room—that is about two months ago—I never said anything to the master about the prisoner talking this to has room—I went to Mr. Young first—I heard about the house that there had been some sugar stolen—I have not been promised anything to give evidence—the gentlemen said they were aware that I knew something, and if I would speak the truth I should have something—I have got into

a better berth by order of the doctor—I was examined about twice by Mr. Young.

MR. GIFFARD. Q. Have you been ill? A. Yes—I had diseased lungs, and I was sent into the infirmary—all the persons there are treated better.

JOHN HAGGARD . I am master of St. Pancras workhouse. It was my duty to issue orders to the storekeeper to deliver sugar and other things to the cook—I never issued orders to deliver sugar for the prisoner's own use—the quantity of sugar was calculated in proportion to the persons requiring it—a list was brought to me every day—my calculation was not made from a report made by the prisoner, but what I received from the nurses and assistants—if there was any alteration I should have been made aware of it by them, not by the prisoner.

JOHN COOK . (Policeman, S 198). I took the prisoner into custody—I told him he was charged with stealing 60lbs. weight of sugar, the property of the directors of the poor of St. Pancras—he said, "They cannot make stealing of it; I never took it off the premises"—I produce the sugar—there is 81lbs. of it.

RICHARD RYAN . re-examined. This sugar is not the accumulation of years—it is in a moist state—when sugar is old it loses it's moisture and It's stickiness—this is the basin that was found.

CHARLES HIBBERT . This is the bag I found in which the sugar was, in the cupboard—this is the basin that was found with the loose sugar in the locker—this brown bag was found under the bed.

MR. METCALFE. to JOHN HAGGARD. Q. Did the prisoner occasionally send for extra sugar? A. The nurses would sometimes apply for it.

MR. GIFFARD. Q. Who supplied them? A. The cook would apply to the storekeeper on the Wednesday for extra sugar if the quantity served out was not sufficient for the persons to whom it was supplied—he would get it from the storekeeper, by an order by me.

JURY. Q. Was the cook applied to supply the extra sugar out of his own room, or was it to go from the storekeeper? A. The duty would be to apply to me—I should make an order on the storekeeper, and it would be supplied—it would not go to the cook at all—occasionally the cook has been short of sugar, and he has come to me for another order, and he would get it from the storekeeper's, not from his own room—I never heard any complaint from the paupers that they were short of sugar.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18571026-1084

1084. CHARLES ROBERT FRENCH was again indicted for stealing 9lbs. weight of sugar; the goods of the directors of the poor of the parish of St. Pancras.

MR. GIFFARD. conducted the Prosecution.

(The evidence of Charles Hibbert, Richard Ryan, Joseph Roberts, and John Cook, was read to them by the COURT, and they stated that it was correct.)

GEORGE SPITTLE . At the beginning of this year I was in St. Pancras workhouse—I left it in Feb.—while I was there I was employed under the prisoner in the kitchen—on Wednesday I helped to carry the sugar from the store to the kitchen—it was not all served out—what was not served out was taken to the prisoner's room, in a dish—it was sometimes taken by me, by the prisoner's order—I put it into the cupboard.

Cross-examined. Q. I believe when you were first asked, you said that you knew nothing at all about it? A. I never said what I have now till I was in a public house—the person who asked me gave me same beer, and paid for it—I told him what I have told you.

CHARLES MILES . I was an inmate of St. Pancras workhouse last Easter. I assisted the prisoner in the kitchen in weighing the sugar—I emptied it out of a bag into a can, and into a bowl—all the sugar was not served out—some was taken to the prisoner's room in a dish and some in a bag.

Cross-examined. Q. Where did you say anything about this? A. In Mr. Young's house—I believe it was after the prisoner was in custody—I have not been long in the workhouse this time—I have been there before, when I was compelled to go in, when I could not get work—I have been once remanded—there was a person with me, and he got twelve months—I lodged in the same house with Martin Burke—I will not tell what I was in. custody for—I was never convicted of any criminal offence.

JOHN HAGGARD . (This witness's former evidence was read by the COURT.)

MR. GIFFARD. Q. On 15th Sept., when the prisoner was suspended, who had the key of his room? A. It was in my possession—he was in the habit of leaving his key in my office—he could have gone and taken it.

NOT GUILTY .

(There were two other indictments against the prisoner, on which no evidence was offered.)

THIRD COURT.—Saturday, October 31st, 1857.

PRESENT—Mr. RECORDER.; Sir ROBERT WALTER CARDEN., Knt., Ald.; Mr. Ald. HALE.; Mr. Ald. GABRIEL.; and Mr. COMMON SEBJEANT.

Before Mr. Recorder and the Eighth Jury.

Reference Number: t18571026-1085

1085. JOHN BRILEY (57) and JAMES PRITCHETT (37), Stealing 330 lbs. weight of bristles, value 35l.; the goods of Isaac Solomon Joseph and another, in the dwelling house of Edward Humphreys.

MESSRS. BODKIN. and METCALFE. conducted the Prosecution.

WILLIAM PALMER . I am clerk to Messrs. Vanganseywinkle and Muller, general merchants; they carry on business at Paris, and at No. 17, Mark Lane, City. On 25th Sept. I saw a case of bristles landed at Fresh Wharf from the Panther, marked J T/C 74—I saw it examined by the Custom House officers—it was from Messrs. Turner; that is the ordinary way in which their goods are marked—the bristles were packed in small parcels like these (produced), done up in these blue papers—on 28th Sept I sent a carman to fetch it and other goods.

Cross-examined by MR. CHAMBERS. Q. What are you? A. Shipping clerk—I only saw one case opened.

Cross-examined by MR. GIFFARD. Q. What was the weight of the case? A. Two hundred and twenty pounds.

JOHN BASSETT . I am carman to Vanganseywinkle and Muller I was sent to Fresh Wharf, and brought a case marked J T/ C 74 delivered it at Joseph and Turner's, in St. Mary Axe.

Cross-examined by MR. CHAMBERS. Q. Have you got your carman's book? A. I have no book but this way bill (produced)—the last witness made that out himself—I did not bring all these goods at one time—I am not a common carman—Joseph and Turner have signed here as receiving it from us—I do not recollect taking any other case to them on that day—I sometimes go there once a week, and sometimes twice.

EDWARD WENTWORTH . I am clerk to Messrs. Joseph and Turner, of St. Mary Axe. On 28th Sept. I saw a case brought by Bassett—I saw the way bill signed by Mr. Turner—J. T. means Joseph Turner—C. means Cheville-Lodde, and 74 is the number of the case—it was placed in the hall in front of a large empty cask which had contained Russian bristles and several other full cases—I last saw it safe on Tuesday night, 29th Sept.—I did not miss it till I was asked for it—that was on Thursday morning, 1st Oct. about 9 o'clock, or half past 9, when Mr. Cohen came.

Cross-examined by MR. CHAMBERS. Q. I suppose you never saw either of the cases opened? A. No—the mark on the other cases was J T E 180—we are bristle dealers and general merchants—there were six cases of bristles in the hall with No. 74—I do not know how anybody could get there to carry one away—we open at 9 o'clock in the morning, and close at 6—I should think it would be almost impossible for people to come in and take them away in the day time, because there is a man down stairs, and it must make a noise—when things are brought in we are always prepared, because we have a bill of lading first—Mr. Humphreys, the landlord, sleeps up stairs, but we lock our warehouse up—there is only a little half door to the hall—we lock it inside, and I generally unlock it in the morning—I do not recollect finding the door in any different way on the Thursday morning—there was nothing to lead me to suspect that anybody had been in in the night—we had not sent out a case of bristles—we sell them by the case and half case—Mr. Cohen knows more about it than I do, but every delivery note comes through my hands, and I must have known it if they had been sent out.

MR. BODKIN. Q. What time was it on the Tuesday that you saw it perfectly safe? A. At 6 o'clock at night—a few minutes afterwards I ran out to get some foreign postage stamps, and as I came in I noticed the case—when I left I pulled the door to after me—I came back in the morning at 9 o'clock—the place was not open, and I opened it—no fresh bristles had arrived at that time—the letter on the other cases was "E"—that is the initial of the name of another manufacturer—we bad other French bristles in stock, but not in the hall.

GEORGE WATKINS . (City policeman). I was employed by the prosecutor to trace out this robbery. I bad this bill printed (produced), and delivered a copy of it at the chief bristle dealers in the City—I delivered one at Pritchett's house: he is a brushmaker in Kent Street—I gave it into his hand—he looked at it, and laughed, but made no observation—this was between 4 and 5 o'clock on the Friday after the robbery—on the following Monday, I went again to his premises with another officer, and Cohen, who went in, and we remained outside till be returned, and in consequence of what he said, we proceeded to Briley's stables, about a quarter of a mile off, in Castle Street, Kent Street—Briley was not with us—one of our people went to look for him, and returned with him and Pritchett—we searched Briley's stable, but did not find anything with reference to this case—we did not state what we were searching for—we then returned to Pritchett's warehouse, and found a man in the act of burying a cask in a hole in the warehouse, about four feet deep, and three across—he was standing with a shovel in his hand—I asked him, in Pritchett's hearing, what he was doing there—he said, "You can see"—I asked him what he had in the cask—he said, "Hair; what you have come after"—I asked him who told him to bury it—he said, "Mr. Pritchett, my master"—Pritchett made no answer—I got a crowbar, and knocked out the head of the cask—it contained

bristles—they were shown to Cohen, who said that it was part of the stolen bristles—Brown, who was with me, asked Pritchett where he got them—he said, "I bought them of a man I do not know "—he was asked whether he had any invoice with them—he said, "No "—he asked him what he gave a pound for them—he said that he did not know—he said that Briley had brought him a sample, and I told Briley that I should take him into custody for stealing two cases of bristles, at Joseph and Turner's, No. 18, St. Mary Axe—he said, "I did not steal them; I was employed with my horse and cart by a man, named Tom Harden, who went with me to a house in Brick Lane, on Wednesday, and left me there; and a man I do not know put two bags of bristles into my cart, and we drove over to Mr. Pritchett's place, in Kent Street; I carried one of the bags out, and the man carried the other into Mr. Pritchett's place"—I asked him if Mr. Pritchett paid for them—he said, "Yes, at 1s. 10d. per pound"—Pritchett made no observation—both the prisoners were taken to the station house—I do not know Tom Harden, but I have heard that he is a pipemaker—I have not seen him since this matter.

Cross-examined by MR. CHAMBERS. Q. I see that at the head of this bill "25l. reward" is put; do you recollect, when you went in, saying to Pritchett, "Here is 25l. reward for you?" A. Yes, "If you can get it"—it was after that that he laughed—I put the bill on the desk—I have used every exertion to find out something about the other bristles, but have not been able to succeed—I did not go in with Cohen—it was from two to three hours afterwards that I went to Pritchett's house—I had not left any one to watch his premises—I had never heard of Briley before Cohen went into Pritchett's house the first time, and then he made a communication to me, and my brother officer went to look for Briley—we took him with us to Pritchett's—I had not had any communication with Briley before I saw the man burying the cask—I brought the bristles away in two baskets, but not the cask—I have kept them ever since—the witness Wentworth weighed them—Pritchett said that he did not know the man, but Briley brought him a sample—he said something about Briley bringing him a sample of the short hair, but I cannot remember the exact words—it was stated that the hair was of different lengths and sizes—I cannot recollect whether it was before or after that that my brother officer asked him how much he had given for them—I did not go all over the premises—my brother officer searched after we had seen the cask, and I remained in charge of Briley—I saw Pritchett's wife there; she appeared to be in great distress, and Pritchett was very much affected and excited—he has a large business, and a good many men in his employment—I have heard that he bears a very good character—I have been after Harden, but have, not been able to find him—Briley said that he had been to a house in Brick Lane, but he did not say where, and we could not find it—I have been once since to Mr. Pritchett's foreman, and have made inquiry—I believe Mr. Frinneby is a bristle merchant—I have not been there—I do not know him—Briley stated that he got the bristles from the stranger, not from Harden, and that it was between 4 and 5 o'clock on Wednesday afternoon.

Cross-examined by MR. GIFFARD. Q. Did Briley take you to Tom Harden's house? A. Not me—I have been there—it is at No. 153, Kent Street, not very far from Briley's place—Briley is a greengrocer—I do not know whether he is a carman too—I have been to his premises—I have not noticed a picture of a horse and cart, with "Goods removed at any hour, on the lowest possible terms "—Briley said that it was a house in Brick lane,

he did not know where, not that he did not know the number—Brown, my brother officer, was present—Briley said that he would go to Brick Lane, but he did not, as I took him into custody.

CHARLES BROWN . (City policeman, 654). On Monday evening, 5th Oct., I accompanied Cohen and Watkins to Pritchett's, and, after sitting a little time in the cab, I and Cohen went to Briley's; we saw him at the door, and, after searching his stables and finding nothing, we went back to Pritchett's—on. going into the warehouse, we saw the foreman digging a hole, and burying a cask—I asked Pritchett for the samples that Briley gave him, and he gave them to me in Briley's presence—these are them—I asked Pritchett whether the cask contained the same bristles as the sample he gave me; he said, "Yes"—I asked Pritchett of whom he bought them—he said, "Of a man whose name I do not know "—T asked him whether he made any entry in his book; he said, "No"—I asked him whether he had had an invoice of them—he said, "No"—the cask was then opened, and found to contain these bristles as they are now—there were no papers on them—when we first found the man, Watkins asked him what he was doing—he said, "Burying some hair"—Watkins said, "What hair?"—he said, "The hair that you have come about"—Watkins asked him who told him to bury them—he said, "My master," pointing to Pritchett—I took him into custody.

Cross-examined by MR. CHAMBERS. Q. Did you search Pritchett's house? A. Yes, I and Mr. Cohen—we went up to the room in which his children were in bed—there were three or four of them—they were not alarmed, they were apparently asleep—I did not see his daughter, eighteen yean of age—his wife remained down stairs—I asked Pritchett some questions, and my brother officer asked him where he got what we were unpacking—he said, "I bought them of a man"—he asked him his name, and he said, "I do not know"—if he had asked anything else I must have heard it—I did not ask him where the samples were that he had taken to Mr. Frinneby, nor did my brother officer in my hearing—Frinneby may have been at the Mansion House, I do not know him—these samples (produced) are part of what Pritchett gave me—I have kept them separate in a brown paper parcel—here are three in blue paper, and three without paper.

Cross-examined by MR. GIFFARD.? Q. Did you go to Briley's? A. Yes—I did not notice a picture of a horse and van, with the inscription "Goods removed "—it was not outside the door—I have been there since—I was at his stable, but did not go in—he gave me every assistance.

MR. BODKIN. Q. You said that these were samples that Briley gave Pritchett; how do you know that? A. I asked Pritchett for the sample that Briley gave him, and he gave me these six (produced).

JOSEPH ISAAC COHEN . I am managing clerk to Messrs. Joseph and Turner, of St. Mary Axe, general merchants—on Tuesday morning, 29th Sept., I noticed the case marked on the premises—I missed it on Wednesday morning—handbills were printed and circulated by the firm for that and another case which was missed at the same time, which was marked JT/E 180 the letter underneath is the initial of the manufacturers name—the case was not opened at any time—on the Monday following, the prisoner Pritchett came about 1 o'clock and brought the six samples of bristles and a parcel—three or four of them were in blue paper, and some were without paper—he said that he had called to show them to us in consequence of a statement made to him by Mr. Frinneby, who is a bristle merchant, and whom he had seen on Friday; that a man had called at his shop to offer

him some bristles for sale, on the Wednesday, of which these were, the samples; that he offered them at 2s. 9d. a pound, and he had gone to Mr. Frinneby to offer them to him at 3s. a pound, less 2 1/2 per cent, nett cash; that Mr. Frinneby had asked him for the samples, and he, had taken them to him; that he then asked to see the bulk, and he told him that he had not got it; that he received the sample back from Mr. Frinneby on the Friday, who stated that he believed they were part of the stolen property referred to in the bills—it was then Monday at 1 o'clock, and I said that I should like to know how it was that he had not come and told us before, since he had been told this on the Friday and had received the bill, offering the reward, on the same day—he said that he thought we were closed on Saturdays—I asked him why he did not go to the inspector on duty at the station, as he did not close on Saturday—he made no reply—he showed me the bristles, and I told him that I recognised them as the stolen property—I asked him for a description of the man—he said, "A man about your height, very pale, as white as a sheet, with little or no whiskers, and dressed in dark clothes;" that he stated to him that he had been recommended to him by some one whose name he had forgotten, as he was very busy at the time, and that he then offered him the bristles for sale, and that the man was to call on him again to receive his answer whether he would buy them or not, and that he might even then be at his warehouse, in which case he had given his foreman orders to take him into custody—I asked him distinctly whether he had the bulk, and he said that he had only the sample—he then left, taking the sample with him—about 7. o'clock that evening I went to Prichett's premises—I had not intimated to him that I intended to come—I had officers waiting in a cab outside—I went in alone, and saw Pritchett in his counting house—I said that from the wilful delay that had taken place, he had placed us in a very difficult position, since whatever clue we might have gained was thereby lost, and that it was necessary that he should give me a more specific account or description of the man who had called on him on the Saturday—he said that he would give me every assistance in his power, and again gave me the description, which I wrote down on one of his invoice papers—this is it—(Read: "Five feet six or seven inches, dark coat, short, respectably dressed, fair, pale, no whiskers; stopped about ten minutes, busy; gave precaution; no name; recommended by Smith; did not ask his address; Wednesday, 13th Sept., between 3 and 4 o'clock: Thursday to Frinneby, between 10 and 11 A. M.: had no samples with him, 3s., less 2 1/2 percent.; Friday afternoon, 3 or 4 o'clock: took samples and left them; came home and saw a man, who left bill at half past five; on Friday, Sellers' friend called")—that is the second man—after I had taken this down, I asked to see the foreman—he beckoned to him, and the foreman came—I asked the foreman, in Pritchett's presence, what the second man had said to him—he said that he had called when he was busy, and asked if the governor was at home—I asked him whether he was certain the man said governor—he said, "Something of that sort;" that he told the man that Mr. Pritchett was not at home, and asked him if he could do anything for him, and that the man said that he had come to ask when Mr. Pritchett would receive the bristles—I then told him to go, as I did not want him any longer—he described the person as a man with a red face, small whiskers, and dark clothes—I told Mr. Pritchett, that in the discrepancy between his account and that of the foreman the affair wore a very suspicious aspect, and I was determined to get at the bottom of it, and that the police had asked us what we were going to do with Pritchett—he said that he would

give us every assistance in his power—I told him that at 12 o'clock that night the affair would be out of my hands entirely, but that I should return again in half an hour, when I expected he would have a statement to make that would prevent further disagreeable proceedings—I then left him—I returned in half an hour, and asked him if he had anything to say—he said that he had been over to a friend of his, but that his friend was out of town till evening, and would not be there till next day—I asked the name; he Briley—I asked the address; he said No. 78, Kent Street—I told him to remain where he was, and that I should go round to Briley's—I went round to Briley's place, but did not see him—I subsequently saw him in the neighbourhood with an officer, and he accompanied us; but when I found that Briley was not there, I went back to Pritchett, and took him with me to show me Briley's stables, and when I came back with Pritchett, Briley was standing outside his door in Kent Street—the stables are in Castle Street—Pritchett pointed him out as Briley—after searching the stables we all went back to Pritchett's house—I told Pritchett that the more I saw of it the worse it appeared, that it seemed more and more suspicious; that he had a name and a business, and that if he knew of the thieves or of the property, to give me the information in reference to it, and on my word of honour as a gentleman, I would assist him to the best of my power—he said, "Do not move in this affair any further till 9 o'clock to-morrow, when every hair you have lost shall be returned to your office"—I said "No; the affair is gone too far for any compromise, and to-night shall settle it"—we then went on to Pritchett's house, went in, and saw the foreman with a spade in his hand, and saw a cask buried in the earth, but not covered—on opening that cask we found the bristles which are produced here—they ought to have been all in blue paper, each done up in a parcel—when they are used as samples the paper is torn off—we always send them out in blue paper—the bundles would tumble to pieces if the paper was torn off—these cost 800 francs the case, less 1l. per cent. discount—the cost is 3s. per pound, reckoning the freight and other expenses—the selling price was then about 3s. 6d., so that these were bought very cheaply—I asked Pritchett to give me the proportions of the case which the man had given to him, and the weight of each size of bristles—he took some torn pieces of paper up from a corner of his office, and, putting them together, showed me a list of the contents—I have not got it—I left it there, not thinking it of any particular consequence—I know that the proportions in the case were peculiar—I never opened it to see, but I had given the orders myself for it's preparation—the ordinary cases contain a certain number of each size—a written order is given to our house in Paris.

Cross-examined by MR. CHAMBERS. Q. The description given in the waybill is "Two cases of French bristles, "giving the marks; what do you mean by cases? A. They come over in flat cases, not in casks—when I speak of marks, I mean the marks on the cases—Frinnebys are bristle merchants in Cannon Street, and do a large trade; they are very well known—I have had no communication with Mr. Frinneby—I was afterwards told that he attended at Guildhall; I do not know him—I was at the Mansion House—I did not deem it my duty to go and make inquiries of Mr. Frinneby; I referred it to the police—a policeman was in the place at the time he called—I knew nothing of Pritchett previously—he gave me his card in the first instance, and I have it now (produced)—he did say that he had left samples with Messrs. Frinneby—I only saw one foreman and two or three shopmen at his premises, but it was seven o'clock in the evening—they are extensive premises,

they run through to Great Dover Street, and he has both houses—no one was present when I first saw him, that was the same occasion that I had the conversation with the foreman—when I returned from the stable, I stated that he had a name, and a business, and a wife and children—I did not say "five children"—I also said, "I entreat you, if you know anything of these thieves, give me the information that I may get them"—he was throughout the whole conversation very much agitated—the long bristles are the most valuable—the value depends on the proportion of size in a quantity, and on the colour and strength—the price varies at different times—our firm buy bristles—we are not commission agents—we did not expect to make a large profit—Mr. Joseph, the senior partner, arranges the price—I have taken measures to look after Tom Harden—I cannot get at him at any time I like, I should be glad to put my finger on him—I have not said that I could do so; I have said that he was under the surveillance of the police, and that they could put their hands on him whenever they chose; I was told so, and I stated so—I heard it on the same evening that I went to Pritchett's, and it was there that I stated it—I have only made a memorandum of what took place on one occasion.

MR. BODKIN. Q. Did you know nothing of Mr. Frinneby being at the Mansion House? A. No; Mr. Lewis told me yesterday, but I knew it before that.

AUGUSTE CHEVILLE-LODDE . (Through an interpreter). I am a manufacturer of bristles, and reside in Paris. Messrs. Joseph and Turner are customers of our's, in London—in Sept. last we manufactured a case of bristles to their order—Messrs. Delavalle and Forey, in Paris, are agents for the house in London; Mr. Forey gave me the order—the bristles were prepared by numbers; the case was 100 kilogrammes—they were tied up in blue papers, like these, and were marked on the root—I identify these as part of them (Opening a fresh packet)—I believe well that these are my bristles, but I cannot seriously affirm it—I recollect the composition of the case from memory, but it is also written in my books—there were fifteen kilogrammes of No. 2, sixteen of No. 3, twenty-seven of No. 4, twenty-seven of No. 5, ten of No. 6, and five of No. 7; there were none of No. 8—that was the only order we have made containing No. 7—the order was sent in my vehicle to the house of Delavalle and Foret.

Cross-examined by MR. CHAMBERS. Q. Who actually made the bristles? A. The workmen at my place—about thirty workmen are employed—the number put on the bristles is not a measure, it is put to distinguish each size—we export the principal part of our bristles to Joseph and Turner, and the remainder to America—I have made from 5, 000 to 6, 000 kilogrammes this year—I did not sell them all—all that I export are wrapped up in these blue papers, and all goods of this description are marked in this way, "Beau blanc, No. 7"—that is the common trade mark for fine white bristles—there are four houses in Paris, counting myself, who export bristles, and there is only one other throughout all France who make the Beau blanc, and the fifth house is not the same work—a written order was sent for the bristles before they were manufactured—I brought it with me the first time, but left it in Paris the second—the orders are entered in a book—some one employed on the premises looks to the packing, under the surveillance of my brother or myself—we always have to do with the weighing of the bristles—at the time they are weighed and packed an entry is made in a book—I saw to the weighing and packing of this case myself, and my brother

made the entry in the book—he is in Paris—all workmen can work them from the root—it depends on the parties for whom they are wanted whether they are worked from the root or the flag—if they are ordered on the root I deliver them on the root—we do not keep many in stock—we deliver as we make them according to order.

MR. BODKIN. Q. Did your brother, in your presence, make out this invoice? A. Yes; after the order was weighed—I know the ticket on these packages to be from our house—(Order read:—"Paris, Sept 11th, Messrs. Joseph and Turner, en kilos Beau blanc, two to seven, at eight francs, 800 francs.✗.")

MR. CHAMBERS. Q. Is not this the common printed ticket used by all bristle exporters? A. It is mine; but other houses have tickets also—we sometimes find the numbers written, but they are generally printed.

MR. BODKIN. Q. Do all use a particular coloured string to tie round the bundles? A. This string is always white, and the other, rose colour, in our manufacture.

MR. CHAMBERS. Q. Will you venture to say that other manufacturers do not use this rose coloured string as well as you? A. I know a manufacturer who makes the same bristles, but does not use the same string—I cannot swear that none of the other houses use rose coloured string to tie them up, but am not aware of any.

PIERRE ALPHONSE MIGNARD . I am packer in the service of Delavalle and Foret, of Paris. On 19th Sept., we packed a wooden case of bristles, marked✗—it was addressed to Messrs. Joseph and Turner, and the carman took it away—we use the house of Vanganseywinkle and Muller for the sending away of goods—the whole packet weighed about 100 kilogrammes—the bristles were of the manufacture of Cheville-Lodde.

Cross-examined by MR. CHAMBERS. Q. Do you recollect anything about this, except by looking at books and papers? A. No; I have looked at my book of debits—my partner and myself make that out—this (produced) is the entry; it was made by my partner in my presence: "A case, marked ✗, of 92 long, 40 wide, and 42 deep"—those are the interior measures—the weight is not entered.

EDWARD WENTWORTH . re-examined. Since this matter has been under investigation, I accompanied M. Cheville-Lodde to the station in Bishopsgate Street where the prisoners were—he sorted the bristles, and I weighed them—there were six different sizes—I took them down at the time—there were fifteen kilometres of No. 2, sixteen of No. 3, twenty-seven of No. 4, twenty-seven of No. 5, ten of No. 6, and five of No. 7; of No. 6 there were two or three ounces short—there were not any of No. 8—supposing them all to be packed up in paper, that would weigh something.

Cross-examined by MR. CHAMBERS. Q. Where did you get the weights with which you weighed them? A. At a scale maker's, next door to Bishopsgate station—they were English weights—I understood the number of kilogrammes by being in Joseph and Turner's office, and having continually to weigh bristles—a kilogramme weighs 2 lbs. 3 ozs., and a slight fraction hardly definite—this (produced) is the memorandum I made at the time—I had a bit of slate and a pencil, and put it down in kilogrammes, because Mr. Cheville-Lodde did not understand our weights, and I put it down for him—I make ninety-eight kilogrammes altogether.

MR. BODKIN. Q. Did you go to Pritchett's house on the Monday evening?

A. On Monday afternoon, a little after 4 o'clock, before Mr. Cohen went there—I saw Pritchett there—the officer had some communication respecting the bristles, and I asked him if he could tell me what sort of man it was that brought the samples—he said that he could not, for his shop was so dark, and that no doubt the man would have brought the bulk, if the bill which we had issued had not been stuck in his window.

MR. CHAMBERS. Q. Is this the first time you have mentioned this? A. I mentioned it to Joseph and Turner, and it was from that that Mr. Cohen went again—I went with the officer, Watkins, to follow a man of whom we had suspicion, and the officer said that he had to go to Mr. Pritchett, and we might find the man.

ISAAC SOLOMON JOSEPH . I am one of the firm of Joseph and Turner—the cost price of these bristles as imported is eight francs the kilogramme—they are worth 3s. 7d. per pound at our establishment—this was an order specially written for these dimensions—the arrangement of the proportions is different from what is ordinary, and of the numbers also, because the numbers usually are from two to eight.

Cross-examined by MR. CHAMBERS. Q. Do you deal largely in bristles? A. Yes; we have many from France—the beau blanc are the finest—other persons deal in fine white bristles—after the cost is paid, we add the expenses to it—we had a special order for thin from Edward Edwards, of Hoxton Square—the charge of 3s. 7d. is according to the market price in this country—at the bottom of each invoice there is the commission charged by our agents Delavalle and Foret, also what we give to the packer for drink, and there is 7s. 6d. for freight.

MR. BODKIN. Q. Have you made any calculation of what they cost you by the English pound in your establishment, including rate of exchange and all other expenses? A. About 3s.—the difference of exchange is included in that—we should have charged our customers 3s. 7d.—they were ordered at 3s. 7d. with 2 1/2 per cent. off, for cash.

MR. CHAMBERS. Q. Were you acting as commission agent? A. No; they were bought and paid for by ourselves.

(The prisoners received excellent characters.)

NOT GUILTY .

FOURTH COURT.—Saturday, October 31st, 1857.

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

Before Mr. Common Serjeant and the Jury.

Reference Number: t18571026-1086

1086. GEORGE ALLEN (32) and CHARLES SMITH (20) Burglariously breaking and entering the dwelling house of William Thomas Green, and stealing therein 2 coats, value 2l., and other goods, the property of William Thomas Green and others.—-2ND COUNT., Feloniously receiving the same.

MR. TALFOURD SALTER . conducted the Prosecution.

WILLIAM THOMAS GREEN . I live at No. 27, Albert Street, St. Pancras, and am an engraver on wood. On Thursday night, 9th Oct., I retired to bed at 11 o'clock—Mr. Woodward was the last person up—the doors and windows were then secured, except a water-closet window—on Friday morning, at half past 5 o'clock, I was called up by the police—on going down stairs, I missed a number of articles, amongst which were two table spoons, fire silver tea spoons, and also two coats, and some boots and shoes which were not mine—the

value of them was quite 10l.—there was no breakage in the house, but the water-closet window was left open—I believe it was large enough for the prisoners to get through—it always has been left open for the last nine years.

MARTIN WOODWARD . I lodge with Mr. Green. On Friday morning, 9th Oct., I missed a coat and a pair of boots, between 3l. and 4l. in value, which were safe on the Thursday night.

RICHARD MARRACK . I am a solicitor, and lodge with Mr. Green. On Thursday night, I had in his house two coats, an umbrella, a hat and necktie, a scarf and a pin, in the front parlour, worth about 5l.; I had seen then safe the night before—I lost a coat of this description (produced), but should not like to swear to it, being so common a sort.

WILLIAM BENDALL . (Police sergeant, S 33). On 13th Oct., I went to the back of Albert Street, about half past 1 o'clock, in the morning, and found the two prisoners concealed in a washhouse, in Arlington Street, which abuts on Albert Street—I knew there was some one there, and I got some constables and placed them at the places where I thought any one could escape, and three or four went with me to search at the back; we went to No. 19, to search for them, and found the two prisoners concealed in the washhouse, lying down beside the copper—they were not lying down when we went to the door—they did so when we forced the door—we traced their foot marks there—I took them into custody—they resisted—when I took them to the station house, these two coats were on a rail, and on searching both prisoners, I made them pull their coats off, and threw them on the rail by the side of the other two that were left there, and I gave Allen one of the other coats to put on—he said, "It is not mine"—Smith said, "It is mine"—I said "He owned that coat, you see," and then he noticed it, and said, "No, it is not my coat," and pulled it off again—he heard what I said—there was a necktie taken from Allen, which was on him (produced)—this (produced) is the coat that Smith put on.

Smith. Q. Did you hold the four coats up when you took up the coats after you had taken them off of us? A. No—the two coats were on a rail in the station before I took the coats of you—I did not ask you which was your coat out of the four—when you pointed out one coat, I did not chuck you another—you were very near me, about a yard off—I am sure I chucked you the one that you pointed out—I did not say, "You must keep that one for the present."

GEORGE WHITE . (Policeman, S 290). On Friday, 9th Oct, at half past 5 o'clock in the morning, I was on duty in Albert Street—I passed No. 27, about a quarter past 4 o'clock, and the door was fast—at half past 5 o'clock, I passed, and the front door was open—I went in, and found the back door open also—I went outside, and on a low wall, there was a pair of boots—these (produced) are them—the wall was under the watercloset window—I went into the back parlour, and there found two coats—there was a pair of boots there, which Smith has been wearing since—that is the one found in the parlour of the prosecutor's house—I fitted the shoes that I found on the wall, on Allen at the station, and I could not get one of them on very easily, and he said, "You have got the tongue down, I can put it on"—they appeared to fit him very well.

Allen. Q. Did not five of you throw me down in the station, and force them on? A. No—there was no violent conduct on the part of the police—they were not obliged to hold you—the shoes did not go down at heel—they fitted you very well—I saw the boots taken at Albert Street.

JOHNCOWLEY. (Policeman, S 212). I found these men at the back of No, 57,

Arlington Street, when they were apprehended—I produce a pair of boots that Smith was wearing at the time, and a scarf found on Smith, on the morning of the 13th.

RICHARD MARRACK . re-examined. This scarf is mine—I saw it on the evening of Thursday—I had worn it on the previous day—I bought it in August, just before I left the country—I had worn it in the country several times—I know it by the pattern.

Smith. I think it is a very curious thing to swear to a scarf only because of the pattern on it; there are hundreds in the shops of the same pattern.

Witness. I have never seen any like it—I can swear to it by the pattern and the colour—I had it about five weeks—I have had it on an average about two or three times a week.

MARTIN WOODWARD . re-examined. These are my boots—I can tell them by this slit here—I forgot to have it mended—I had seen them safe on Thursday evening—I had worn them on the Thursday—they were shown to me by the policeman on the 13th.

Smith. He might only have seen that slit at the station house, and swear to it by that. Witness. I know them by the general appearance—I have not tried them on—I have no doubt as to their being mine.

Prisoner. It is the fashion now to wear those sort of shoes; it is true that I had the scarf and the shoes on, and they took them away from me.

Allen. At the time they say this robbery was done I was at Henley on Thames; I think it is very hard that I should be brought into a robbery; I was not in London until the Saturday morning, at 10 o'clock, and was taken into custody on Sunday night; this was done the week before; as for the shoes, I never saw them before they gave them to me at the station house—I have had the handkerchief above eight, months; I bought it at Oxford; I asked for my silk handkerchief which they had taken from my throat; the Magistrate said I was to have it given up to me, and I never had one to put round my neck; I think it is very hard that I should be brought into it when I was not near the place—I never had any intention of house breaking—I never had anything about me for house breaking.

GEORGE WHITE . re-examined. I did not see the boots put on Smith—I took them to the station on the morning of the 9th, and left them there—that is all I know of them.

JOHN COWLEY . (Policeman, S 212) re-examined. The sergeant at the station said they were Smith's boots, and put them on him—he said nothing against them—he has been wearing them ever since.

Smith. I asked what they were going to do with them, and they told me to put them on; I put them on and thought no more about them.

GUILTY. of Larceny. — Confined Six Months.

Reference Number: t18571026-1087

1087. HENRY PARKER (34) and BENJAMIN DICKINSON (27), Burglariously breaking and entering the dwelling house of Dionigio Samorini, and stealing therein 2 sheets, Value 7s. 6d., and other goods, his property: to which PARKER

PLEADED GUILTY .— Confined Six Months.

MR. COOPER. conducted the Prosecution.

DIONIGIO SAMORINI . I live at No. 16, St. Martin's Court. On Wednesday night, 14th Oct., I went to bed about 12 o'clock—the house was then shut up in every way—between three and four in the morning the policeman came and said that some one was in the house—I got up, and was going out of the house, and I found Parker in the custody of the police—the policeman and myself looked over the house—I saw a bundle with something

in it—that was afterwards discovered to contain some of my property—everything in it was mine—its value was about 21.

BERNARD SHANLEY . (Policeman, C 208). About 3 o'clock on the morning of 15th Oct., I was in St. Martin's Court I saw the prisoner Dickinson with Parker and another—I watched them for some time from the court—in about twenty minutes or half an hour I missed Parker—I watched the others, and saw them go into a coffee house, at No. 17, Castle Street—when I first saw them, they were about ten or twelve yards from the prosecutor's premises—I waited outside the coffee house till they came out—the other man, whom I was unable to get, left Dickinson—I rubbed Dickinson down to see if I could find anything in his pockets, but I could not, and then I let him go—I went round the court again, and met Parker—he had his hand in his breast, as if he had something there—I took him into custody—I went after Dickinson the same night—I found him about half past 11 o'clock the following evening—I told him I wanted him for a burglary at St. Martin's Court—he said he was not there—I am quite sure he was there.

Prisoner. Q. Did not the man in the coffee house come up, and say that I was not the man? A. No.

AARON BALDWIN . (Policeman, C 136). I was in Castle Street about a quarter past 3 o'clock on the morning of 15th Oct., and saw Dickinson there alone—he was opposite a coffee shop, and under a burning gas light, about fifteen or twenty yards from the prosecutor's house.

Prisoner. The man at the coffee shop said that I resembled the man, but that I was not the man.

NOT GUILTY .

Reference Number: t18571026-1088

1088. WILLIAM SHANNON , Stealing 2 hampers, value 4l., the goods of George Ward.

WILLIAM SMITH . I am a carman. I saw the prisoner, with a companion, about ten minutes to 7 o'clock on the night of 27th of this month, in the Minories, near Page's public house—there was a truck there and two hampers on the ground—the men that belonged to the things were taking a flat of stout into the house, and I saw the prisoner and his companion each take a hamper, and put it on the truck—the prisoner took the handle of the truck, and drew it away, and his companion pushed behind to the top of the Minories; he then left it, and turned round by Moses', towards Leadenhall Street—the prisoner went on alone with the truck towards Aldgate—I told a policeman, and he went after him—I saw him take him—when he was within a yard of the prisoner, the prisoner dropped the truck and ran away.

WILLIAM HENRY HALE . (City policeman, 625). I received information from the last witness, and went after the prisoner—I saw him drop the truck, and run away—I ran after him, and secured him at the corner of Petticoat Lane—I did not say anything to him—he said, when I caught hold of him. "Don't choke me"—I do not know that he wheels trucks about Whitechapel.

JAMES MILLS . I am a porter to Mr. George Ward, a wine merchant, of Old Broad Street The beer in the hampers was Mr. Ward's.

Prisoner's Defence. As I was coming down by the Minories, a man asked me if I wanted a job, and I said, "Yes," and he asked me to put those two hampers on the barrow, and take them down to Whitechapel; and while I was doing that, the man. ran away, and I did not know it; and when I found it out, I thought it might have been stolen, and ran away, as I did not want to get into trouble.; that is the way I get ray living; the officer knows I wheel trucks about, Whitechapel; I can read.

GUILTY .— Confined Three Months.

Reference Number: t18571026-1089

1089. HUMPHRY DESMOND (23), Stealing the sum of 3s., the moneys of Ellen Desmond.

ELLEN DESMOND . I am a widow, carrying on my business as a marine store dealer, at No. 10, Golden Lane, Cripplegate. I am the prisoner's mother—on the afternoon of 19th Sept. I put about 3s., I think, I am not sure, in a mug on the shelf behind me—I saw it safe a little time before I missed it—I did not see it go—I missed it after my son asked me for a little money—I did not give him what he asked for—he went behind me, and went into my room, and after he went out I missed it—he asked for 6d., and I gave him 4d.—he threw it away, and said he would not have less than 1s.—I said I would give him none at all then—he went away, and then I missed the mug off the shelf, and I found it in my room empty all except two or three halfpence—he owned himself that he took it—I said he should give it me back, and then he said he did not take so much, but afterwards he owned that he took 4s. 2d.—I could not say how much it was: I said 3s.—he helps me in my business sometimes—I do not want to hurt him, because he is a cripple, and he has been six weeks in prison now.

Prisoners Defence. The money is just as much mine as it is her's; I took it to mend my boots, and I said "I have taken it, "and when she asked me where it was, I said I had taken, it to mend my boots.

NOT GUILTY .

Reference Number: t18571026-1090

1090. JOHN M'OROW (45), Unlawfully wounding William Whitham.

WILLIAM WHITHAM . I am a fish dealer at No, 1, London Court, London Passage, Whitecross Street. On 17th Oct. I was in a coffee shop in Botolph Lane, between 12 and 1 o'clock—I was eating a haddock there, and I asked for some pepper—the prisoner was sitting beside me—I did not know him before—I said, "Who has got the pepper box?"—the prisoner made use of bad language—I took no notice of him—he was sitting at my right hand side—he drew a knife, and said he would stick any one that insulted him—Worster then said to him, "You are a dirty old man"—after that he got larking with him, and got out of temper—Worster was in fun, and the prisoner got angry—the prisoner had got a stick in his hand, and he said he should hit any low-lived fellow on the head that insulted him—Worster got chaffing him again, and he got out of temper, and he up with the stick—I catched the stick, and as soon as I did so, he picked up the knife, and stuck it in my hand, on the middle of the fore finger, and on the palm of the hand—I ran out to fetch a constable—I said "Don't let him go, I will take him up"—I then ran to the doctor's, and the doctor said I most go to the hospital—I ran there, and they dressed it.

Prisoner. Q. Which hospital did you go to? A. St. Thomas's—I had it dressed there—I did not state before the Lord Mayor that it was Guy's Hospital—you were not eating half a pint of peas when I first saw you—you were afterwards—I heard come of the conversation between you and Worster—Worster did not look round to me, and say with an oath "There now, listen to what this fellow says, strike me dead"—nothing of that sort passed—I did not come forward, and say that you ought to be the last who would call any one low-lived—all I said was that you ought to be the first one to be hit with your stick, for the language you made use of—I did not then immediately look round, and tell the other people in the shop what you had said, and then throw some tea in your face—I saw tea or coffee thrown in your face afterwards, I do not know who by—there was nothing else that I saw—the others were scolding you—when you put up your hands to wipe

the tea or coffee from your face, I did not say that some of the people took the stick away—I attempted to take the stick from your hand when you went to hit Worster—they did not throw the tea till after you cut my hand—you were not rubbing the tea from your eye at the time the stick was raised to hit Worster—I did not see anyone else throw anything afterwards—nobody hit you—when my hand was cut, I did not look round to Worster and two or three others, and say, "G—strike me dead, look how my hand is cut!"

GEORGE GRABHAM . I am house surgeon at St. Thomas's Hospital. Mr. Whitham came to me with his hand cut—I ordered it to be dressed—there were two clean cuts, which had evidently been made by some sharp instalment like a knife—the one in the palm of the hand was in a very dangerous situation: it might have been very dangerous—I believe they are nearly well now.

HENRY WORSTER . I was in this coffee house on the day the prisoner was there—I was eating a bit of haddock—the prosecutor was there, and he asked for the pepper box, and the prisoner made use of a very bad expression—it went on, and he said, "The first man that makes use of a bad expression, he ought to be hit on the head with this stick"—he then pulled a knife out of his back coat pocket, placed it on the table, and said, "Anyone that insults me, I will stick him with this"—he then got on the table to hit me with the stick; Mr. Whitham tried to protect me, and the prisoner stuck him with the knife—I did not see any tea or coffee thrown in his face; I believe there was some, but I did not see it—there was some tea thrown on the table—I said to him, "Do you see what you have done!" after he struck the man; and one said, "You ought to know better, "and others threw some tea in his face—Whitham was gone to get a constable then—I cannot say exactly where the prisoner was—he had got off his seat.

Prisoner. Q. Were not you the first that spoke to me? A. No—I did not put my fingers through the peas while you were eating them, and say, "Old man, give us some peas"—there had been no chaffing before you used the bad language—I do not recollect what I said when you said you would not allow any fellow to interfere with you—I do not recollect looking round and saying "Strike me dead, hear what this fellow says!"—I said you ought to know yourself better—if the prosecutor has sworn that I said "You are a filthy old man, "it is false—I only said, "You ought to know yourself better, an old man like you"—I do not know what Whitham said when he came afterwards to the station—he never said or did anything to you that I heard—the table was about a yard and a half wide—I was sitting up at the corner, and you were at the other end, and you said you would not allow any low-lived fellow to interfere with you, and then you pulled the knife out of your pocket, and said that was the way you would serve them—you had two knives—you had no knife in your hand when you got on the seat—you were not on the table, you were on the seat.

ANTHONY WILSON MONGER . (City policeman, 564). I took the prisoner into custody—I asked him for the knife; he said, "I have thrown it away under the settle"—I afterwards received it from one of the waiters, who is not here—this (produced) is it—this one (produced) I found on the prisoner when I searched him at the station, the black handled one—he said, "That is not the knife I stabbed him with"—this other one belonged to the coffee house—I did not see any blood on it; I examined it very particularly but I was told that they had wiped it.

HENRY WORSTER . re-examined. One of these is the knife he struck the prosecutor with.

GEORGE GRABHAM . re-examined. Just such a knife as this would have caused the wounds—either of them would have done so.

Prisoners Defence. I had no intention of getting into any mess; I went in there, as I had done some ten or a dozen times before, to get a little refreshment, because it is a cheap place; I was sitting very quietly, and a man came round with some peas, and I got half a pint, and was eating them with a knife; Whitham was sitting nearly opposite me at the table, and he put his fingers through the peas, and I told him not to do so, and he looked round to his mate, and said, "Strike me dead, see what this man has done;" and some one said I was going to hit him with a stick; there were four of them there; two working men came to the police station to speak for me, but they were not called for some time, and their dinner hour expired, and they had to go back to their work; I felt some one pulling my stick out of my hand, and I caught hold of it for fear they would take it away with them; I had the knife in my hand, and the prosecutor put up his hand, and through that he cut the palm of his hand; I have been locked up since the 17th of the month, in danger of losing my situation.

GUILTY.—Recommended to mercy on account of the provocation. — Confined Three Months.

Reference Number: t18571026-1091

1091. JOHN BAKER (33), Stealing, on 7th Sept, 3cwt. 3 qrs. 11 lbs. weight of brass bearings, value 40l.; the goods of Sir Samuel Morton Peto, Bart, and others.—2nd COUNT., Feloniously receiving the same, knowing them to have been stolen.

MR. COOPER. conducted the Prosecution.

EDWARD GAMBLE . (Policeman, K 49). From information given to me, I went on 7th Sept, and examined the premises where the brass was—I was told that an entrance had been effected by forcing the door open, by lifting up a bar which fastened the two gates—I believe a person who had seen and known the inside of these gates could have undone them—I likewise examined the door at the other end of the premises, and found that the lock had been taken of and was lying by the side of the door—I afterwards found my way to Griffiths, in the evening of the 8th; I saw him—he did not show me anything at that time; he afterwards showed me some brass—I left it with him—I obtained some from him on the Thursday following—this (produced) is part of the brass which I saw—there were some more pieces—it weighed altogether 3 cwt. 3 qrs. 14 lbs.—there is one piece of brass weighing 3 lbs., which was delivered by Mr. Griffiths at the station, which was not identified by the prosecutor—I went to the prisoner's house on the night of the 8th—he lives about a quarter of a mile, or rather more, from these engine sheds—I saw him there—I went in, and said, "Mr. Baker, I want you; I am a police sergeant; I want you on suspicion of stealing a quantity of brass from Sir Samuel Morton Peto and others"—he said he knew nothing at all about it—I then took him to the station house—I told him I had found where the brass had been sold—he did not say anything, but appeared very excited.

SARAH GREEN SLADE . I live at Plaistow Marsh, close to Baker's house. I know him—I remember one Monday seeing a quantity of brass lifted from Mr. Baker's shed into Mr. Barber's cart—there was a tall man assisting Baker; I do not know who it was—there was no one in the cart—after they had done that, Mr. and Mrs. Baker rode in the cart, and the other man followed it walking—I did not look to see what kind of brass it was.

Cross-examined by MR. T. ATKINSON. Q. How did they find you out about this? A. Mr. Gamble came to me, and questioned me about it—he said, "Do you know anything about Mr. Baker's having some brass?" and he asked me if I saw it carried away in a cart—he put all the questions to me, and I answered him—it was just as we had done our breakfast that I saw it.

MR. COOPER. Q. Did you answer him truly? A. Yes, and what I have said here is true.

THOMAS BURROWS . I live at No. 4, Mary Street, Stepney. On Monday afternoon, September 7th, a person came and brought some stuff to me—I should not like to swear to the man—he is familiar to me, but I do not know him by his features—there were two men—they brought four parcels of brass, in four small bags—it was between 12 and 1 o'clock, as near as I can guess—it was not left there—it was fetched into the place, and I cut one of the bags open, and asked the master if he knew what he had got, he said, "No, "and I said, "You had better come and look what it is"—we refused to buy it, and it was taken away—it was not on our premises ten minutes.

JAMES GRIFFITHS . I am a marine store dealer, at Poplar. About 4 o'clock on Monday afternoon, 7th Sept, Baker and another man came to my shop with a horse and cart, and offered me this quantity of brass for sale; he said he had bought it of a vessel lying in the Victoria Docks—he showed me a sample of it—I weighed it; there was 3 cwt. 3 qrs. 14 lbs.—I bought it at 9d. a pound, the price of old gun metal—Baker took the money—my book is here—he gave me this receipt for it: "Sept. 7th, 1857. Mr. Baker, 4, Rathbone Place, Plaistow. 3, 3, 27 of metal; Win. Baker," on the stamp, with a cross at the bottom, here is" his mark"—I sold it afterwards to a man named Cowan, and I went and had it back again—I afterwards gave it up to the police.

Cross-examined. Q. Had you had dealings with him before? A. Yes—I had known him about two years—I had never seen the party who was with him, before—he did not come into the shop at all, he came up to the door with the cart, and remained outside—Baker is a trade dealer; he buys articles of this description, and of marine store, in the docks—I should not have bought the brass if I had not known him—he is a man of respectable character for buying and selling.

JAMES SMITH . I am an engine fitter, in the employ of Sir Samuel Morton Peto. On Saturday, 5th Sept., about half past 12 o'clock, I went into my employer's engine shed; there were four engines there, two of them in pieces, undergoing repair—the things were all right then, and in their proper place—I saw these pieces of brass there on the Saturday—I went to the shed on Monday at half past 1 o'clock, and found several parts of the engines lying on the floor, all deranged—they had been moved, and the brass taken out from them—even the duplicate parts of an engine will not fit with the engine itself—this is a piece belonging to one of the engines where the brass was taken off—it is marked with a cross, and so is the brass; so that any individual who is a mechanical man would know how to fit this engine so as to be ready for it to work—if this had been lost, it would have cost 50l. or 60l. to fit up, perhaps more—I do not know the prisoner; I might have seen him there, but I do not remember having done so—I recognise this brass as being the property of Sir Samuel Morton Peto.

SAMUEL SMITH . I am an engine fitter, and know Baker by sight—I

have seen him frequently in the Docks, selling fish and so on—he belonged to a coal shed.

Cross-examined. Q. He was a man known about the place? A. Yes.

GREGORY HARRISON . I am a jobber, and live at Plaistow Marsh. On Monday morning, 7th Sept., about 9 o'clock, Baker came to my house, and asked me if I would lend him a horse and cart, to fetch an acquaintance of his wife's from London Bridge station—he brought them back about 4 o'clock in the afternoon—I said I thought he had been longer than he ought to have been—he said that the person did not come by the train that he expected, but he said the horse had had no harm, as he had given him some corn.

GUILTY .— Judgment Respited.

Reference Number: t18571026-1092

1092. JOHN GARDNER was indicted for bigamy: to which he

PLEADED GUILTY .— Confined One Month.

Reference Number: t18571026-1093

1093. WILLIAM LASSETER (40), Embezzling the sums of 8l. 11s., 3l., 12s., and 9l. 13s. 10d.: also, for embezzling the sums of 5l. 8s. 6d., 12l. 16s., and 7l. 7s.; the moneys of Solomon Hyam Andrade, his master to both which he

PLEADED GUILTY .— Four Years Penal Servitude.

Reference Number: t18571026-1094

1094. CAROLINE CROSS , Stealing 2 coats and 1 waistcoat value 23s., the goods of Hyam Cantor; 1 cloak, value 6d. of Elizabeth Cantor; and 2 mantles and other articles, of Julia Cantor: to which she

PLEADED GUILTY .— Judgment Respited.

OLD COURT.—Monday, November 2nd, 1857.

PRESENT.—The Lord Chief Baron POLLOCK.; Sir GEORGE CARROLL ., Ald.; Sir JOHN MUSGROVE ., Bart., Ald; Mr. RECORDER.; Mr. Ald. Mr. Ald. HALE.; and Mr. Ald. GABRIEL.

Before. Mr. Recorder and the Fifth Jury.

Reference Number: t18571026-1095

1095. LAMBERT PHILIP MOLLEDONN (37) was indicted for feloniously forging and uttering a warrant and order for the delivery of 300 quarters of linseed, with intent to defraud.

MR. ROBINSON. conducted the Prosecution.

GEORGE ANTON . I am a corn merchant, carrying on business on the Corn Exchange and Fenchurch Street. Since Jan. this year I have had a great many transactions with the prisoner—he carried on business in Mark Lane—on 7th Sept. he came to me with this bill of lading (produced)—it is now just in the same, state as when he presented it to me—he said he wished an advance upon it, as he had several payments to make to Mr. Roach, and' that they had drawn on him for it, for the cargo—he said he wanted 750l.—I gave it him—afterwards, when I went down for the cargo, I found, there was another endorsed bill of lading—I could not get the linseed—I made further inquiries, and eventually gave the prisoner into custody upon the evidence of Mr. Roach—the prisoner showed, me this letter (produced)—he did not give it me—he gave me the invoice—the is it (produced)—I read the letter at the time—(This was the letter inclosing the bill.)

PETER WILLIAM HEINRICHSON ANGEL . I am a partner with Thomas Driver Roach; I carry on the business at Altona, and Mr. Roach carries on the business at Hull. I recollect shipping 300 quarters of linseed on board the Katarina.—the captain delivered to me these two bills of lading (looking at

them)—on the 3rd I gave one of those bills of lading, properly endorsed, to Young and M'Donald—this endorsement is my writing—I gave it to them on Change; they have an agent there—on the same day I addressed a letter, with the other bill of lading, to the prisoner—I did not send this endorsement on it—there was nothing written on the back—I gave no one authority to endorse it as it is endorsed—I do not know the handwriting—I have no person in my employ of that name, or anything like it.

Cross-examined by MR. SLEIGH. Q. How long have you been doing business with the prisoner? A. About three months—I have sent him several cargoes of goods in that time, and bills of lading unendorsed—I do not know that he has obtained the goods which I so sent him; I did not see him—I have been paid for them by him—I sent him one endorsed bill of lading once—when I sent him the unendorsed bill of lading of this cargo of linseed, I did not at the same time draw on him for the amount, 799l.—I drew the day before; I sent the bill the day before—I was not a partner with the prisoner in this cargo of linseed; I had not a joint interest with him—I know what partnership means—I had no partnership with the prisoner in this cargo of linseed, nor in another cargo which had just previously been sent from Altona to London—I had no joint interest with him in the cargo of linseed, only when it was sold; not before—when it was sold he and I were to share the profits between us—I do not remember in how many different transactions he and I had a joint interest, to share the profits, within the last three months; I think no more than this; I do not remember whether there were three or four, I cannot say; there were not so many as five or six; most of my transactions were sales to him—we had a joint interest in the linseed, and a cargo of barley was shipped to him—I do not remember another cargo—we had a joint interest in the cargo of barley—I had not a joint interest with him in a cargo of oats; I never shipped oats to him—I might have sent him a sample of grey oats; I do not remember—I remember mentioning in the letter a sample of a cargo of grey, about 500 quarters; that transaction was never done here; that cargo has not gone to London—I do not remember, previous to 3rd Sept, having a joint interest with him in a cargo of oats which were sent—there was not a cargo of oats, between Sept and Aug., in which I and he had a joint interest, and divided the profits; I say that positively—I do not remember how many bills I have drawn on him during the time I have done business with him; a great many—whenever I sent him a cargo of goods, and sent him the bill of lading, I did not always draw on him at the same time; I drew sometimes afterwards; sometimes I drew at the same time, and sometimes afterwards.

COURT. Q. You sometimes drew on him at the time you sent him the bill of lading; did you do so with this particular cargo? A. I cannot say that, it was on the general account—I cannot remember how I sent it.

MR. SLEIGH. Q. But at the time when you sent this particular bill of lading, you then enclosed the bill of exchange on him for 700l. odd? A. No, I did not—I requested him to send me the bill immediately, as I wanted to make use of it.

MR. ROBINSON. Q. At the time that bill was sent, was the prisoner, quite independent of that cargo, indebted to you or not? A. Yes, he was, about 580l.—that was on what I call the general account—I had bills of him—what I mean by having a joint interest with him in the profits is this, if he had paid for the cargo, and it had been sold, and it had given a profit more than he had paid for it.

COURT. Q. If he had paid for the cargo, and then sold that cargo for a price beyond what he had given, he then would have shared anything beyond that? A. Yes, in the profit.

MR. ROBINSON. Q. When would, he in the ordinary course, have any authority to sell the cargo? A. When I had got my money; I mean what he owed me; that would have been a good deal, much more than 580l.—he would have authority to sell the cargo just when he had paid the money he owed me—he owed me 580l. on the 2nd—at that time he would have had the cargo on paying the bill that was drawn on him, and the general balance he owed me—when the bill was paid, the bill of lading that I had sent to Young and M'Donald would have been delivered to the prisoner by me—it would have been returned to me by Young and M'Donald, as soon as the bill was paid—the prisoner would have had no authority at all to sell the cargo until that endorsed bill of lading which I had given to Young and M'Donald was placed in his hands.

MR. SLEIGH. Q. Did you not attempt to cash that bill of exchange the moment you received it at Altona? A. No, it was not discounted, I did not try to discount it; I handed it to some person for money, but I did not discount it.

MR. ROBINSON. Q. Will you explain; was the bill placed in the hands of anybody for discount as soon as you had received it? A. I placed it in the hands of Young and M'Donald, and they at the same time held the endorsed bill of lading—I drew the bill of exchange on the 2nd; I suppose it would become payable on the 26th, it was at twenty-one days.

COURT. Q. What was the object of sending him the bill of lading, if he was not to use it in any way? A. He owed me a good deal of money, and I must have his acceptance—I was compelled to send him the bill of lading to get an acceptance from him upon it—the bill of lading sent to Young and M'Donald was only kept; it was only a security—supposing the prisoner paid what he owed me, and for that cargo, the other bill of lading would have been sent back to me—the bill of lading was of no use at all—he was to pay me all that he owed me on the general balance, and for this cargo, before he had any bill of lading that could be of use—I have sent him bills of lading before; some unendorsed, by steamers, and he has obtained the cargo with those bills of lading—he must have obtained those goods—I knew, when I sent him this bill of lading unendorsed, that he had previously obtained possession of cargoes by bills that I had sent to him unendorsed.

THOMAS DRIVER ROACH . I carry on the business at Hull, and am in partnership with Mr. Angel. I had not seen the prisoner with reference to this particular transaction before the bill of lading was received by him—in my judgment the endorsement to this bill of lading is the prisoner's—I could not undertake to swear it—I gave no authority to him or any one else to endorse it—we have no clerk in our service of that name, or any person answering to it.

JOSEPH HUGGETT . I am an officer of the City. I took the prisoner custody at the suggestion of Mr. Anton; Mr. Roach was present—I produced the bill of lading to the prisoner; and told him I had received instructions to apprehend him for forgoing the endorsement to it he said, "I must beg pardon both of Mr. Roach and likewise of Mr. Anton; that bill of lading is in the same state now as it was when I received it."

NOT GUILTY .

Reference Number: t18571026-1096

1096. LAMBERT PHILLP MOLLEDONN (37) was again indicted for feloniously, forging and uttering a bill of exchange for 453l. 19s. 3d. with intent to defraud.

MR. ROBINSON. conducted the, Prosecution.

GEORGE ANTON . At the end of March the prisoner came to me, and said that he had had an offer from Young and M'Donald, for whom he was agent, of 700 quavers of barley, for which he had got a buyer on the northeast coast, and which he was. willing that I should purchase, as there was a margin of profit upon it; and also that he had at the same time got 300 quarters of barley, making in all 1, 000 quarters, which he would find a buyer, for, and I should have no trouble about the matter, as he would be able to place it immediately; virtually he was, to sell the 1, 000 quartos, I paying for them in the, first instance., and he giving me that which he sold them for—in pursuance of that, I paid; him 1, 554l. for them—he handed me bills to the amount of about 1, 500l.; among them was this one for 453l. 19s. 5d., and this for 235l. 14s. 6d., both purporting to be drawn by Giles Hall and Co.—the 453l. bill is drawn on John Taylor, late Taylor and Francis, Nottingham, and accepted by John Taylor, payable at the Westminster Bank, and the other on Richard Day, seed-crusher, Earl-street, Maidstone, Kent, and accepted by Richard Day—the first of the bills was paid, that was for 83l. odd—one was dishonoured, and the other is not due—they were, both drawn by hall, and accepted in the, name of Chaplin—I said to the prisoner, I must have a remittance from Hall to cover these bills—he said he would write to hall and ask him for the remittance, but instead of a remittance he gave me another bill of exchange, which I was up willing to take—it was neither of these—on 23rd July this bill for 237l. 14s. 6d. came due, and was returned—there were several other, bills due at the same time, and I said to the prisoner. "You must see Hall about it; I can't have the bills coming back in this way"—two or three days after he said he had heard rumours of Hall being likely to stop payment—on) the Saturday after that I saw him again, and he said would go down and see Hall at Gloucester—on the Monday afterwards I saw him in the morning early; and asked him whether he had seen Ball—he said h, e had not been down, but he had bad a letter that morning from Hall to say, that he should be, obliged to defer his payment for two or three months—I said in that case I must have some security, and he gave me one, on a cargo of oil-cake, which has not realised yet, and an acceptance—these two bills have never been paid—after the case of the bill, of lading, inquiry were made, at my instance, at Nottingham, Gloucester, and Maidstone.

Cross-examined by MR. SLEIGH.; Q. How long have you had transactions with the prisoner? A. Since January last, to the amount of some thousand of pounds—I have been paid some thousands by him, by bills, goods, and money.

MR. ROBINSON. Q. How much is he indebted to you now? A. I cannot say until the securities are realized—I should say about 2, 000l., that is allowing for the securities that may possibly be realized—I understood from the prisoner that he was at one time a paper maker near Guildford.

EDMUND EST COURT . I am superintendent of police at Gloucester—I have inquired after Giles Hall and Co. there; I have inquired at the post office, the overseers, the commercial rooms, the custom house, and other places, but have not been able, to hear of any such person or firm.

Cross-examined. Q. How long have you lived there? A. All my life.

WILLIAM TAYLOR . I am a wholesale stationer at Nottingham, in a considerable

way of business. I am the senior partner in the firm of Taylor and Francis—in Dec., 1855, there was a change in the firm, but no change in the name; it was merely the substitution of Mr. Francis, the son, for the father—there is no other firm of Taylor and Francis at Nottingham—I have been acquainted with Nottingham all my life—I know several John Taylors there in professions; I cannot call to mind one in business, nor any connected with the name of Francis—I know nothing of the acceptance to this bill; the signature is not mine, or that of any member of our firm.

JOHN BLUNDELL . I am superintendent of police at Maidstone. I Have made inquiry there after a Mr. Richard Day, seed crusher, Earl Street, Maidstone—there is no such person there, and never was—I have been there upwards of four years.

LEIGHTON ASHTON . I am a clerk in the London and Westminister Bank, Lothbury. No such person as John Taylor, of Nottingham, has any account with us.

LEWIS DAVIS WIGAN . I am a partner in the Maidstone Bank. Masterman and Co. are our agents—I know no such person as Richard Day, seed crusher, of Earl Street—I never heard of him—no such person has any account at our bank.

Henry Bachelor, merchant, and George Ashton, merchant, Mark Lane, deposed to the prisoner's good character.

GUILTY. of Uttering Four Years Penal Servitude. There were two other indictments against the prisoner.

Reference Number: t18571026-1097

1097. JAMES DRISCOLL (13), was indicted for, and charged on the Coroner's Inquisition with, killing and slaying Charles Pearcey.

MR. LANG FORD . conducted the Prosecution.

MARY ANN PEARCEY . I am the wife of Charles Pearcey, of No. 13, Thomas Street, Bromley. On Monday morning, 21st Sept, I saw my child Charles Pearcey alive about 9 o'clock, and told him not to go away, as I wished him to go with me—he was turned ten years of age—I afterwards saw him at Mr. Garman's, and saw him die there—I cannot tell what time that was.

ELIZABETH GODDEN . I am the wife of John Godden, a sawyer, or No. 2, Coventry Cross Row, Bromley. On Monday morning, 21st Sept., about half past 9 o'clock, or 20 minutes to 10, I was in St. Leonard Street, going to Bow, and saw Driscoll come from the gap of the hedge and go up to Pearcey, and make a blow at him as he stood by Mr. Pitsford's big gates—I was at a distance from them, and could not see in what part of his person he hit him, but I saw the blow, and a few moments after little Pearcey dropped—I was three or four yards off—I only saw one blow—it was with the clenched hand—Pearcey did not lift his hand—I did not hear him say anything—I should have seen more but for my cough, I have a bad asthma, and I had a child and a bundle in my arms—I went on my way—two young women and two sailors came up, and Mr. Strong, and little Pearcey's head nearly caught Mr. Strong's feet as he fell—I afterwards saw him brought out of Mr. Garman's quite dead—I did not see any blood on him before.

SARAH FOWLER . I am single, and live at No. 32, Mary Place, Poplar. On Monday morning, 21st Sept., about half past 9 o'clock, I Was in St. Leonard Street, Bromley—I saw Pearcey lying on the ground, and the prisoner standing with his hand on Pearcey's right breast—I lifted his hand off—it was quite closed—I then stooped down and opened Pearcey's slap, and saw blood on his shirt—he did not speak—he was then taken away in a cart.

Cross-examined by MR. METCALFE. Q. The prisoner had no knife with

him had he? A. I did not see anything—I do not think I should have seen it if he had it, from the manner in which he held his hand—the boy was lying a yard or so from the gap in the hedge—I did not see him till he was on the ground.

CHARLES STRONG . I am a labourer, and live in Hunt's Yard, St. Leonard Street, Bromley. On Monday morning, 21st Sept., between 9 and 10 o'clock, I was passing along St. Leonard Street—there is a quickset hedge on one side, and a wall on the other—there is a gap in the hedge over a piece of piping—I saw Driscoll come out first and seat himself in a corner, and close after him in a fierce manner I saw Fearcey come up, and rush up at him as if he was going to claw his eyes out, as if Driscoll had got something belonging to him—he had scarcely got up to him, before he called out, "Oh!" three times, and I immediately saw him stagger backwards for about four yards till he came to the side of the path and then he fell on his bottom first, and then on his back—I helped him up, and placed him in a cart, and he was taken to Mr. Garman's—the prisoner followed the deceased boy, and said to him, "You are not hurt"—I did not hear the deceased say anything.

Cross-examined. Q. How far was it from the hedge that Pearcey fell? A. About six yards—I was about a dozen yards off when I saw them come out of the hedge—I saw them deliberately stoop their heads and come through the gap—I saw no blow struck on either side—it was a sort of scrambling, as if they were trying to take something one from the other—if a blow had been struck I must have seen it.

JOHN JORDAN . I am a sailor, and live at No. 3, Back Street Row. I picked up the boy Pearcey, and put him into the cart—I saw nothing before that.

CORNELIUS EDWIN GARMAN . I am a surgeon, at Bow. On 21st Sept., a few minutes past 10 o'clock, the boy Pearcey was brought to my surgery—he was not then dead—he died in about eight or ten minutes afterwards—the cause of death was a wound in the aort A. which is a large vessel emerging from the heart—the wound was caused by a sharp pointed cutting instrument with one edge only—a small bladed knife might do it—it was from about an inch and a quarter to an inch and a half in depth—it entered between the second and third ribs—I do not think it would have required any force to pull the knife out again—in my opinion, the boy could not have walked or run six yards after the blow was inflicted—I do not think he could have spoken afterwards.

Cross-examined. Q. That is assuming that the knife first went into the heart? A. Assuming that it went into a more important part than the heart, that is the aorta—I do not think that a vital part might not have been reached at first, and that by the exertion of running or jumping the laceration might have extended, and thus reached a vital part—I will not pledge myself that it could not have been so, but I should think not—the boy had on a linen blouse, and a linen shirt, no waistcoat—the blow must have been inflicted with some violence—the direction of the wound contradicts the assumption that it was done by the one boy running against the other—it does not so positively contradict the assumption of his falling upon the knife—the superficial wound was upwards, and the direction was inwards and downwards—if it had occurred in a fall together from a plank, I do not see how it could take that direction—it would be possible if they were pitched almost head foremost, but I think under such circumstances the wound would have been of a different character, there would have been more laceration—it is scarcely possible that it could have occurred from a fall on the knife—it

is barely possible—I think a little boy like the prisoner could have inflicted such a blow—his arm must have been raised to do it.

JOHN PAGE COOPER . I am a surgeon at Bow—I assisted Mr. Garman in the post mortem examination—the cause of death was a penetrating wound on the right side of the aorta; it was about an inch and a half in depth—it was such a wound as would be likely to be produced by a boy's knife, sharp on one side, and blunt on the other.

ISABELLA SIMPSON . I live with my parents, at No. 9, Jane Street, Bromley, On 21st Sept., about ten minutes to 10 o'clock in the morning, I met the prisoner coming from Leonard Street; he passed me, and then came after me, tapped me on the shoulder, and asked if I came from Bromley—I said, "Yes"—he said, "Did you see a boy lying in the road? "—I said, "No, bat I saw a great many people standing round, and they said there had been a boy stabbed"—he said, "I am the boy that done it, I will show you my knife"—he took a knife out of his pocket, and showed me the little blade—he opened it, and said "This is the blade I done it with; do you think this blade would stab anybody? "—I said I did not know—he said, "Do you think I shall be hung? "—I said I did not know—he then left me, saying, "I am off along to the mill, and shall not come home until I know how the boy is," and he went off in that direction.

WILLIAM CONDER . (Policeman, K 321). I took the prisoner into custody on the morning of 21st Sept—I said to him, "Is your name Jemmy Driscoll?"—he said, "Yes, it is; is my mother here? "—I said, "No, she is not"—he said, "Is the boy dead? "—I said, "Yes, he is"—he said, "Will they hang me?"—I said, "No, they won't hang you"—he said, "I did it, but I could not help it"

ELIZABETH GODDEN . re-examined. It was directly I saw the boys that I saw Driscoll's arm go—there was no one with me—I saw them come through the hedge—I did not see Pearcey run up to Driscoll—I only saw Driscoll run through the hedge—Pearcey came first—there is no ditch outside the hedge, I did not look inside.

JOHN PAGE COOPER . re-examined. I do not think it possible that a boy could have gone six yards after receiving the stab, he might have gone a pace or two, but not more—if the wound had been done in running or jumping, the weight of the knife would have been down, and then it would have gone further in. Witness for the Defence.

CHARLES BROOKS . I am a greengrocer's boy, living at Bromley. On the day in question I was with Pearcey and Driscoll, on some ground near the railway, we were playing at see-saw on a plank; I was at one end, and the two little boys at the other—I gave the prisoner a piece of apple—shortly afterwards some one called out, "Here comes a man"—we were not allowed to play there—I got off and ran away, and the plank fell and tipped them up—they both fell together—I cannot say whether the prisoner had taken out his knife to cut the apple—I saw no knife—we ran through the gap in the hedge—I ran first—in about two minutes I came back, and then I saw Pearcey lying down.

Cross-examined. Q. Did you go before the Coroner? A. No, nor before the Magistrate—I do not know the Driscolls well—I know them by sight—I did not see any blow or any scuffle between the boys.

COURT. Q. How far was the see-saw from the hedge? A. About three yards—there was no ditch to get over"—Pearcey was nearest to me on the seesaw—the boys were not quarrelling at all.

The prisoner received a good character.

MR. LANGFORD. proposed, in reply, to call a witness for the purpose of showing that the prisoner had used threats towards the deceased upon a previous occasion. THE RECORDER. was of opinion that this could not be done in reply; the proper time for such proof would have been to tender it as party of the evidence in chief.

NOT GUILTY .

Reference Number: t18571026-1098

1098. GEORGE GROUNDWELL (22) and HENRY RUBRIDGE (28), Feloniously killing and slaying William Hodgkins.

MR. ORRIDGE. conducted the Prosecution.

HENRY JAMES COOPER . (Policeman, D 67). On Wednesday, 21st Oct., I was on duty at the station in Molyneaux Street, Harrow Road. The prisoner Groundwell came to me there, in company with his father, and said, "I wish to give myself up to you, Cooper"—I said, "What for? "—he said, "I have been fighting with a man this morning, and I have since heard that he is dead; I stood the same chance as him, and I am very sorry for it"—I then went to St. Mary's Hospital and found that the man was dead—on the 22nd, Rubridge was brought in by sergeant Beckley for violently assaulting another man—I said to him, "I have been looking for you, Harry"—he said, "What for?"—I said, "For being a second to one of those fighting this morning, and the man is dead"—he said, "I was a second to the deceased, and I meant to give myself up after the Coroner's inquest."

Cross-examined by MR. RIBTON. Q. Did you know the deceased? A. Yes, he was a plasterer; Groundwell is a bricklayers' labourer.

SYLVESTER THRUSH (Police sergeant, D 4). On the morning of 21st Oct., I was on duty in the Harrow Road, and saw a crowd of persons going from Paddington towards the Harrow fields—I followed them—I noticed Groundwell and Hodgkins, the deceased, in the field; they stripped off all their clothes except a pair of drawers—I spoke to several as they were going down, and begged them not to go fighting—I saw them begin to fight, and I saw them both fall to the ground—I then went and got the assistance of three more constables—When I returned I saw the deceased fall the last time, as I entered the field—I Was not near enough to see what caused the fall—we went to the spot and found that he was insensible—with the assistance of the constables and his brother, we got him to the road and got a conveyance to St. Mary's Hospital.

EDWARD MOUNTFORD . (Policeman). I went with Thrush and other constables to the field, and saw the deceased, he was insensible.

Cross-examined. Q. Did you see anybody there with a brandy bottle? A. I saw a man with a bottle, but I do not know whether there was brandy or beer in it, it was an earthen bottle—I did not see anything given to the deceased; he never spoke during the hour and a half that I remained with him.

JAMES HODGKINS . I live at No. 15, Lisson Street. The deceased, William Hodgkins, was my brother—on the morning of 21st Oct., I saw him and Groundwell—I saw a blow given by Groundwell, it was nothing but a fair stand-up fight, the last blow caught him in the jaw, and he fell, and did not rise again; he was taken to the hospital, and there died.

Cross-examined. Q. They had had some quarrel, I suppose? A. No, they had a fight about three years ago in a tap room—they agreed to go and fight it out—I went with them; I think it lasted about an hour, but there was nobody to keep time—it was a fair stand-up fight throughout—my brother had a small drop of brandy—he had a bottle full, about half a

pint, but he drank it on the road, I do not know whether he had had any before that—he had been drinking all day along with me, in fact, he had been drinking all the week—I do not believe any laudanum was given to him—I never heard any one ask him to discontinue the fight; he had the best of it all through—they were fighting for 2l.—I do not know who gave the challenge.

JAMES SHAW . I live at No. 28, Exeter Street, Lisson Grove. On 21st Oct, there was a contest between Groundwell and the deceased—Rubridge was there, he did not act as second to the deceased more than any of the other friends who were there—as the men fell they were assisted up by their friends—I saw Rubridge lift the deceased up once or twice—I saw Groundwell at last give the deceased a blow, and he staggered and fell inspectable.

Cross-examined. Q. I suppose you saw blows exchanged? A Yes, many, they were knocking one another about—I do not know who gave the challenge—I knew the deceased well, he worked in my employ off and on—when he was in liquor he was rather irritable, and would as soon strike a man as look at him—I have known him fight before—he was very drunk, indeed, the night before this—I saw one draught of brandy given to him daring the fight, only about a table spoonful, there was no more to give him, he had drank it before he got to the ground, he seemed to be intoxicated when he was fighting, he could not stand firmly on his legs, he was staggering about—he was very anxious to continue the fight, he had considerably the best of it up to the last moment—I do not think they were both drunk—the fight lasted about an hour.

OWEN OSSIAN. ROGERS . I was house surgeon at St. Mary's Hospital. On 21st Oct., when Hodgkins was brought there, he was in a perfect state of insensibility, he died in two or three hours—I was present at a part of the post mortem, examination—I believe the cause of death to have been a blow—the remote cause was effusion of blood into the cavity of the skull, thereby compressing the brain; the immediate cause I believe to have been a blow whilst in a state of intoxication, the vessels thereby being in a fall or congested state.

Gross-examined. Q. A fall might do it, might it not? A. It might—there were no evident marks of a blow at the time he was brought in, merely a slight cut on one lip and a little swelling, of the right, eye lid—those could not have caused the injury; it might Have been a fall.

MR. ORRIDGE. Q. Did you notice any contusions afterwards? A. Yes; after death contusions appeared on several parts of the head and on the jaw, and there was a very slight mark under the left ear—the man lived so short a time that there was scarcely sufficient time for black marks to be noticed.

COURT. Q. Could you connect the effusion with the mark of any blow? A. There is no reason to suppose that effusion into a particular part of the skull must be caused by a blow upon any one part; the cause of the effusion would probably be the concussion, not the direct consequence of the blow; a simple fall on level ground might have produced it, in the congested state of the vessels from intoxication.

ARTHUR LAWRENCE . I was house surgeon at St. Mary's Hospital On 21st Oct. I made the post mortem examination—the cause of death was extravasation of blood, under the left hemisphere of the brain, the excitement of drink, and opium being the pre-disposing cause, the blow—being the immediately exciting causer-the left eye was very much bruised; there was effusion of blood into the lids, the skin over the left temple was vary much

bruised, also beneath the temporal muscle, and there was extravasated blood there—it is impossible to say whether a blow on the head would be likely to produce the effusion I saw—I do not know the force of the blow given.

Cross-examined. Q. Might a fall have caused it? A. Yes; it would quite depend upon what he fell on—I believe he had taken a good deal of drink—I heard he had had opium—I did not use the stomach pump, but it was used by Mr. Rogers; that would not be injurious if there was a quantity of drink in the stomach—a fall would be more likely to produce the injury if the man was intoxicated—a blow on the jaw might produce the effusion, but I think not without a fall.

HENRY BECKLEY . (Policeman, D 29). On 22nd Oct. I apprehended Rubridge—I told him it was on suspicion of being one of the seconds at the fight the day previous—he said, "You make a mistake, I know nothing about it; what is my name?"—I said, "Rubridge"—he said, "That is not my name"—I told him it was, for I knew him—he then said that he did not second the deceased; but if he had taken his advice, he would have left off twenty minutes before.

MR. RIBTON. to MR. ROGERS. Q. Supposing the man had been drinking brandy that morning, and drinking for some days previously, might not the natural excitement of the fight, acting upon the then state of the vessels be sufficient to cause effusion, without either a blow or a fall? A. It might, but I should think not; it is just possible.

Groundwell received a good character.

GROUNDWELL— GUILTY .

RUBRIDGE— GUILTY. Strongly recommended to mercy by the Jury.

Confined Six Months.

Confined Two Months.

Reference Number: t18571026-1099

1099. MARCELIN ROLAND (27) was indicted for a rape upon Harriet Anne Anderson.

MR. SLEIGH. conducted the Prosecution.

GUILTY. of the attempt. — Confined Eighteen Months.

NEW COURT.—Monday, November 2nd, 1857.

PRESENT—The Right Hon. the LORD MAYOR.; Mr. Baron MARTIN.; Mr. Ald. COPELAND.; Mr. Ald. WIRE.; Mr. Ald. CUBITT., M. P.; Mr. Ald. HALE.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.

Before Mr. Baron Martin and the Sixth Jury.

Reference Number: t18571026-1100

1100. CHRISTOPHER ROBINSON (19) and SAMUEL VAREY (22), Stealing 1 ream of paper, value 9s. 6d., the goods of Samuel Morgan and others; Robinson having been before convicted: to which ROBINSON

PLEADED GUILTY .— Confined Twelve Months.

MR. COOPER. conducted the Prosecution.

ROBERT ALLEN . (City policeman, 321). I was with another officer in Aldersgate Street on 15th Sept. I saw the two prisoners; Robinson was carrying a ream of paper on his shoulder, wrapped in this wrapper—they were in conversation—I asked Robinson what he had got there—he said some paper—I asked where he brought it from—he said from where he worked—Varey was near, and could hear it—I asked where he worked—he said in Hand Court, Thames Street—I asked where he was going to take the paper—he said to a printer's, a little further on—I asked what printers, and he refused to tell me—I afterwards showed the paper to the prosecutor—this is it.

JOSEPH JAMES HOOK . I live in Gravel Lane, and am carman to Charles Morgan and others, wholesale stationers, in Cannon Street West On 15th Sept, between 9 and 10 o'clock, I had 182 reams of paper put on my cart at Bread Street Hill—I went with them to Cloak Lane, at the back of Cannon Street—they were delivered there, and there was one missing.

JAMES GARRATT . I live in Hatfield Street, and am warehouseman to Charles Morgan and Co. On the 15th Sept., the last witness delivered 181 reams of paper at their warehouse; he ought to have delivered 182—I have seen this ream (produced)—it is my employers' property, to the best of my belief—it is covered like the others, and corresponds in every respect—here is a number on it, and this number was missing—this is worth 9s. 6d.

Varey's Defence. I was in a public house in Warwick Lane with Robinson, and he asked me to take a walk with him; I met the officers, who took me into custody.

VAREY received a good character. NOT GUILTY .

Reference Number: t18571026-1101

1101. ALEXANDER MARNEY (38), Stealing 1 ham, value 14s.; the goods of William Fletcher. (See page 619).

ELIZABETH COLLINS . I am married, and live at No. 32, Milton Street. On 25th Aug., I was standing between Milton Street and Fore Street, about five minutes to 6 o'clock in the evening—I saw the prisoner take a ham from Mr. Fletcher's, go a little way up Milton Street, and give it to Watkins—they went up Flying Horse Yard, and when they came out they did not have the ham with them—I had known the prisoner before, and am quite sure I saw him take the ham.

Cross-examined by MR. LILLEY. Q. Had you known the other man, Watkins? A. Yes, by seeing him about—I know his brother—I never spoke to this prisoner—I was on the same side of the way as the prosecutor's shop, standing two or three inches from it—there were not a great many persons passing—it is a great thoroughfare—I did not give the prisoner into custody—he was not in custody for a month after—I gave information at the same time to the police.

CHARLES WINGROVE . I am in the service of Mr. William Fletcher. His shop is at the corner of Fore Street. On the 25th Aug., a few minutes before 6 o'clock, a ham was taken from his shop—I had seen it safe a few minutes before.

GEORGE BROCKLEY . (City policeman, 115). I received information from the inspector at the station. I apprehended the prisoner on 19th Sept—I had searched for him before, but I believe he was away—I apprehended him in Cripplegate Buildings; he was talking to another person—I charged him with stealing a ham from Mr. Fletcher's shop—he said he knew nothing about it.

THOMAS ROBINSON . I am potman at the Greyhound public house. On Tuesday evening, 25th Aug., I was cleaning the windows, about 6 o'clock—I saw two men come in a direction from Mr. Fletcher's shop; one of them was Watkins—I saw Mrs. Collins pass by me, going towards Mr. Fletcher's—when I first saw her, she was thirty or forty yards from the shop—about five minutes after I first saw her, I saw the men coming from Mr. Fletcher's shop—I cannot swear that I saw this prisoner on that occasion—I saw the receiver—I saw the ham passed to Watkins.

GUILTY .

(The prisoner was also charged with having been before convicted: to which he PLEADED GUILTY.) Judgment Respited.

Eighth Jury.

Reference Number: t18571026-1102

1102. JOHN HOLDER (37), Embezzling and stealing 1, 153l. 10s., the property of our Lady the Queen: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18571026-1103

1103. WILLIAM CLARKE (29) and MARY BURKE (28), Stealing 1 jacket, 1 handkerchief, and 1 cap, value 1l. 17s. 6d.; the goods of William Davidson, from his person.

MESSRS. THOMPSON. and GENT. conducted the Prosecution.

WILLIAM DAVIDSON . I am a seaman, and live in Tower Street. On 29th Sept. I do not know where I was in the latter part of the day—I had my clothes on in the first part of the day—I found out, at 12 o'clock at night, when I was locked up, that I had lost my coat, my waistcoat, and handkerchief, and cap and shoes—this is my coat, I know it by my own work on it—I had this on in the morning of that day—I was then strolling about, knocking round with four or five of my shipmates—I do not know where I was—it was near where I live—I got drunk that morning.

WILLIAM CHARLTON . I am a seaman, and live in Shad well. I was in Rosemary Lane on 29th Sept. about 3 o'clock in the afternoon; I saw the prisoners—I saw Burke first, then Clarke came up, and two more men—Burke was holding on to the prosecutor, and taking his jacket off his back—Clarke was in front of the prosecutor, and he took his black silk handkerchief off his neck, and put it up the left side of his guernsey, and he was overhauling his pockets—I saw Burke taking his jacket—this is it—it is what I call a pea jacket—it is the same—I never lost sight of it—I followed Burke to the pawnbroker's—I saw her go in, and saw her out again—Clarke was standing outside, waiting for her—he went as far as the pawnbroker's door—he did not go in—I was about five yards from them at the outside—I would not go too close, in case I might be observed by them—I never left them above five yards, till I saw them in custody; the other two men went to the pawnbroker's, and waited outside, like Clarke—they were not doing anything—they were looking on—I gave information, and they were taken just outside the public house, in Cable Street—I am positive the prisoners are the persons—I never lost sight of them.

Cross-examined by MR. T. ATKINSON. Q. Will you swear you never lost sight of them? A. I followed them to the pawnbroker's; I never lost sight of them; the pawnbroker's is in Cable Street, a quarter of a mile at least from the place where I first saw them—I mentioned before the Magistrate that I saw Clarke take a handkerchief from the prosecutor's neck—I swear that; I signed my name to the deposition—it was read over to me—I swear that I told the Magistrate, and it was taken down, that Clarke took the man's handkerchief, and put it on the left side of his guernsey frock—(The witness's deposition, being read, stated: "I saw the woman take the coat of his back; I followed, and saw her take it to the pawnbrokers.")—I mentioned the handkerchief in the Police Court—I saw the woman taking off the man's jacket—the man was there at the same time—he came up, and took the handkerchief—I am a seaman, in the coal trade—I went up, but I could not make the prosecutor sensible, he was very tipsy—I did not like to trust myself amongst them—I might have got my head broken—I went up, and spoke to them after this—I said I would see the prosecutor righted—he was a shipmate of mine thirteen months ago.

FREDERICK PARKER . I am assistant to a pawnbroker, in Cable Street; I

produce this coat—it was pawned by the prisoner Burke on 29th Sept. for 10s.

GEORGE COX . (Policeman, H 138). I took the two prisoners on 29th of Sept, in Cable Street, just after three o'clock, from Charlton's information—that was about 300 yards from Rosemary Lane—I told the prisoners the charge, and Burke said, "He gave me the coat to pawn it"—Clarke said he knew nothing about it.

Cross-examined. Q. Where did you take Clarke? A. About six doors from the pawnbroker's shop—Burke was standing by his side, talking to him and another man, who went away—he was a tall man, five feet ten, or five feet eleven—there were a number of men hanging about there—it was close to a shipping office.

MR. GENT. Q. When you took them, were other men near those persons? A. Yes—I went to take another man, and Charlton said, "Not that man, this is the man." Witnesses for the Defence.

HENRY RAMSEY . I am a painter and glazier, and live in Peter's Court, Royal Mint Street On Tuesday, 29th Sept., I saw Clarke in the public house, at the corner of Sparrow Corner—it was 2 o'clock when I went there, and he was there till a quarter to 3 o'clock—there was then a drunken sailor passed by without coat or shoes on, and the woman's husband asked me to go and see what the sailor was doing at her stall; I went, and Clarke followed me out.

Cross-examined by MR. GENT. Q. What was Clarke doing when you went into the public house? A. Standing against a rum puncheon—there were eight or ten ether persons—there are two pain of doors—Clarke was not speaking to any one—he went out when I went out, about a quarter before 3 o'clock—he might have shifted himself, but he did not go out till I went: I saw the drunken sailor when I went out—he passed the corner—when I and Clarke went out, there might have been other persons following us—I am a painter and glazier—I am out of work at present—I have been out of work about four weeks at my own trade—I have known Clarke by hearing that his name was Clarke—I have seen him in the public house—when I looked at him at that time he was standing against the run puncheon—I did not watch him all round the room—I did not see him drink—he might have gone amongst other persons—he could not have gone out without my seeing him—I was drinking a pint of beer—he went out when I went out—I do not know where he went—I returned to the public house—I first saw the drunken sailor outside the door when Clarke went out, he went down the lane—I did not hear him say anything—I went back to the public house, and he went away—I did not go to the Police Court—I heard in the public house, on the Tuesday, that he was in custody.

COURT. Q. Why did not you go before the Magistrate? A. I went round to the Police Court; I walked in to ask what Clarke was charged with—a man told me to go out, and I came out.

JURY. Q. Which way did Clarke go when he left you? A. Down towards Cable Street.

CHARLES FORDYGE . I am potman at Mr. Edwards's beer shop, in Rosemary Lane. I saw the sailor pull off his coat, and give it to a young girl at the time he was having a row with a black fellow—I saw two girls walk down the lane with the sailor's coat, and the sailor said to the black fellow, "If you come out, I will break your b—head"—the lodging house keeper would not let the dark fellow come out—this was in a court the Branch, at the side of the public house.

CHARLES EDWARDS . I keep the beer shop. On Tuesday, 29th Sept, there was a disturbance outside; I went out, and saw the prosecutor and two girls; Burke was one—they were making a dispute about some reckoning—a black man came out of a lodging house, and shoved against the prosecutor, and he was going to fight the black man—he took off his coat, and gave it to the girls.

Cross-examined by MR. THOMPSON. Q. How long have you kept your house? A. Twelve months—I have seen Clarke come to my house, not more than two or three times—a sister of the prisoner applied to me to come and give evidence—I know Burke; I can swear to her being one of the girls—I read the next day, in the newspaper, of Clarke being taken—I did not give any information to the policeman—this was on Tuesday, 29th Sept., about a quarter before 3 or 3 o'clock—the other female is not here; she was similar to this sort of person—I do not know who she was—Clarke was not in my house—I know the public house described by the other witness; it is the Blue Boar: it is about a minute's walk from my house—I heard nothing of this till I read it in the newspaper in the morning—I first gave information to Clarke's brother, on the Thursday after—he asked me if I would be a witness for him, and I said I would—my wife is at home, minding my business; she did not see this occurrence—there was no policeman with the drunken sailor at the time that the two women were doing what I describe—I gave information of this to Kelly, the policeman who belongs to that beat.

COURT. to WILLIAM CHARLTON. Q. Did you see any black man engaged in this matter? A. No—I did not see the witness Edwards there at all.

CLARKE— GUILTY .

BURKE— GUILTY .

(The prisoners were also charged with having been before convicted.)

THOMAS WEAKFORD . I am an inspector of police. I produce a certificate—(Read: "Central Criminal Court, November, 1849; Burke, Convicted of larceny, from the person; Confined Six Months")—I was present—Burke is the person.

JOSEPH BRAY . (Policeman, H 43). I produce a certificate—(Read: "June, 1853; Convicted of larceny, from the person, and Transported for Ten Years")—I was present at that conviction—Clarke is the person.

CLARKE—GUILTY.— Judgment Respited.

BURKE—GUILTY.— Confined Eighteen Months.

Reference Number: t18571026-1104

1104. HENRY HOCKETT (21), Stealing 1 cruet stand, 1 liqueur stand, and other articles; the goods of Martha Home.

MR. HORRY. conducted the Prosecution.

MARY HAYES . I am a dress maker. I know Mrs. Martha Home, of Strayfield, near Enfield; she is a widow, and holds a little farm—on 9th Sept. I was at her house—I left the house in the evening about 20 minutes or a quarter before 11 o'clock—I had fastened the back of the premises about half past 6 o'clock, just after the men left work—Mrs. Home saw me out, and I heard her fasten the street door after me—on the next day I went to the premises, and the first thing I missed was two copper kettles—on Saturday, the 12th, I searched for them, and discovered that a copper coffee urn was gone, a liqueur stand, and other things—I have seen some produced by the officer—I am positive they are her property.

Cross-examined by MR. RIBTON. Q. When had you seen these things before? A. I could not say to the day or the week; they were in a kitchen that we do not often use—I was there on the 9th, and on the next day I

missed two copper kettles—Mrs. Home is. not here; she is an invalid—she is a widow, and very aged—I have no mark on these things—I know that I missed them—I go to her house every day—Mrs. Home and I went down together, and missed the copper kettles—I know these things; I have seen them so many times.

WILLIAM STONE . I work for Mrs. Home. On Wednesday, 9th Sept., I shut up all the back gates at 6 o'clock in the evening—I was there about 6 o'clock next morning, and before I got to the gate I saw the gate was burst open, and a parcel of hay bands lying about—I found a box outside; I took it inside, and gave it to Mrs. Home—she said it was a box she had had ever since her mother died—I went into the house, and found the latch of the door had been cut out—I did not miss anything out of the house—when I went away, I left Mrs. Home in the house.

JAMES PANNELL . (Police sergeant, N 54). I received information of this on Friday, 11th Sept.—I went to Mrs. Home's, and the lattice work of the back door had been cut large enough to admit a man's hand over the lock—I found on the kitchen window two slight impressions, as if a person had forced back the window, where, no doubt, the entrance had been effected—I went on the Tuesday following to Mr. Edwards, a marine store dealer, in Edmonton, where I found this copper coffee. urn, this cruet stand and bottles, and this liqueur stand and bottles—Mr. Edwards had bought some candlesticks, but he had sold them—I afterwards took the prisoner at Brentwood, in Essex, on 30th Sept.—I had known him before, and I knew he lived in Parson's Lane, Enfield—I looked after him, but could not see him till I found him at Brentwood—I told him I took him for breaking into this house on the 10th, and stealing a cruet stand, a liqueur stand, a coffee urn, a coffee mill, two kettles, and other things—he first said, "I know nothing about it"—on the way to the station, he said, "I knew there had been something done in the house where I lodge; I saw a cruet stand and decanter stand, but I know nothing about it, nor had I anything to do with it."

Cross-examined. Q. Do you know anything of a man of the name of Allen? A. Yes—they both lodged in the same house; the prisoner had one room, and Allen had one room—the landlady lived there; I do not know her name—there was no one else lodged there—Allen's wife lodged there—I heard the prisoner say, at the Police Court, that he bought the things of Mrs. Allen.

WILLIAM EDWARDS . I keep a marine store shop at Tottenham. On the afternoon of 10th Sept, the prisoner came in a pony and cart to the door, and a female and a boy were in the cart besides—the boy drove the cart—the prisoner came into the shop, and brought these things in a bag—he took. out the tea urn, the liqueur stand, and cruet stand, and two candlesticks—he offered them for sale—I asked where he got them—he told me he bought them at a sale—he gave the name of William Darkin.

Cross-examined. Q. Had you seen him before? A. No; he told me he had bought these at a sale, and being like sale goods, I bought them—I am sure it was on the 10th; I booked them in my book—I sold the candlesticks to Cuddiford.

WILLIAM CUDDIFORD . I deal in clothes wherever I can buy and sell them. I live in Corbett's Court, Brown's Lane, Spitalfields—I bought two candlesticks of Edwards; I sold them again, I do not know to whom—they were like this one (Looking at one brought from the prosecutrix's house.)

JOHN REED . I am servant to Mr. Denton, a baker, at Enfield. On 10th Sept., about 4 o'clock in the afternoon, I took a horse and cart to the prisoner's

lodging—I saw him there, and Mrs. Allen put a box into the cart—the prisoner went on, and told me to drive on till I overtook him—I overtook him by Silver Street, Enfield—he did not get up there, he told me to go on—I went on by the railroad; he got up there, and I drove on to London, a little past Shoreditch Church—the prisoner then drove, and he turned round and went up Kingsland Road, and stopped at a rag merchant's, named Campbell—the box was then opened, and the things taken out—the prisoner called me to hold a bag open, and this urn, and mill, and candlestick, and other things were put into it—I then drove to Tottenham, and he went to a rag shop—we then went to Mr. Edwards's; he took the things from the bag, and left them there—he brought the bag back, and put it into the box.

Cross-examined. Q. Do you know the house the prisoner lodged at? A. Yes; I do not know the landlady's name—my uncle told me to go there—I saw a woman at the house—the young girl who was in the cart asked the prisoner to give her a ride.

HENRY EARL . I am a general dealer, and live in Baker Street, Enfield. On 10th Sept, I was going down Parson's Lane, and I was called by a young woman, supposed to be Allen's wife—the prisoner was there—she said to me, "We are going away, and we do not want to take these two copper kettles, are they worth anything?"—I said, "Yes;" and I gave her 6d. for them and this coffee mill—I broke the kettles up and gave the pieces to the policeman.

Cross-examined. Q. Do you know Allen? A. Yes—this was in a room on the ground floor—I think there are only four rooms in the house.

BENJAMIN WILLIAMS . (Policeman, N 49). I produce the pieces of the copper kettles which I received from the last witness—where the prisoner lives is about a mile and three-quarters from Mrs. Home's.

MR. RIBTON. to JAMES PANNELL. Q. You found the prisoner at Brentwood, and he had enlisted for a soldier? A. Yes; in the name of Henry Bush—I believe he had been in the Artillery before.

(The prisoner's statement before the Magistrate was read as follows: "I have nothing to say, but that I bought the things of Mr. and Mrs. Allen.")

GUILTY. of Receiving.

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

JOHN LAND . (Police sergeant, G 8). I produce a certificate—(Read: "At this Court, April, 1856, William Darkin was convicted of larceny, and Confined nine months)—the prisoner is the person.

GUILTY. *— Six Years Penal Servitude.

Reference Number: t18571026-1105

1105. THOMAS NOLAN (23), Robbery on John Murdock, and stealing a watch, value 6l., his property.

MR. WAY. conducted the Prosecution.

JOHN MURDOCK . I am a painter, and live in Eccleston Place. On 19th Sept., about 10 o'clock in the evening, I was passing St. Martin's Place; I saw the prisoner and several others, I cannot tell how many—they were in the act of passing me—they closed upon me, and struck me—I had three blows on my right arm, and Nolan immediately snatched my watch—I called out, "I have lost my watch, stop thief!"—he knocked me down—I got up, and he had not got so far as from me to you before he was stopped—I had been drinking, but I knew what was taking place.

Cross-examined by MR. SHARPE. Q. I believe you were not quite sober? A. Not quite—I had only been in one public house—I do not know what I had been drinking—several persons came up—more than two—I was going

on, and they met me—the prisoner was in the middle of them—I was going down St. Martin's Lane, towards Trafalgar Square—I was beyond the Provident Institution, and the passage into Tooke's Court—I had my hands in my coat pockets—the prisoner threw me down, I got up and pursued him—I cried out, "Stop thief!" when I found my watch was gone—Mr. Ball and a railway porter were passing—several persons pursued him—it was a few minutes past 10 o'clock, because I was making for the Park, which closes at 10 o'clock—all this occurred in a few minutes—the prisoner never got more than five yards from me.

ROBERT BALL . I live in Whitefriars Street. On 19th Sept. I was in St. Martin's Place—I saw Mr. Murdock a little intoxicated—I saw the prisoner and two other men in company; the prisoner was in the middle—there was a little bit of a scuffle between them, and the prosecutor called out, "I have lost my watch, "—the prisoner turned and knocked the prosecutor down, and I saw something pass from his hand to another man—with assistance I detained the prisoner—the other men were had up, and I was brought to swear to them, but I could not.

Cross-examined. Q. Was it after the prosecutor said, "I have lost my watch," that the prisoner turned and threw him? A. I do not know; the prosecutor said he had been struck in several, places—I heard him say, "I have lost my watch"—I did not see anything besides the struggle, and something pass from the prisoner to one of his companions—when the policeman came up there was a railway porter assisting him—there were two other men with the prisoner.

THOMAS CARACTLY . (Police sergeant, A 11). On 19th Sept. I received the prisoner from Mr. Ball at the end of Tooke's Court—I was in plain clothes—I ran across, and the prisoner was in the hands of Mr. Ball and a railway porter—I took him to the station.

GUILTY .— Confined Eighteen Months.

Reference Number: t18571026-1106

1106. JOSEPH HARRIS (23) and GEORGE JUKES (22), Robbery with violence on George Hoser, and stealing from him 17s. 6d.

MR. LILLEY. conducted the Prosecution.

GEORGE HOSER . I am a groom. On 23rd Sept. I was in the King Alfred public house, in Lisson Grove, at a quarter pat 1 o'clock in the morning—the two prisoners were there—I was very little affected by liquor—I was able to tell what I was about—about a quarter past 1 o'clock I left the public house to go down John's Yard—the prisoners accompanied me, and while there they knocked me down and robbed me—I had 17s. 6d. as nearly as I can tell—I had my money safe when I was in the public house—I thought in the first instance that I had a sovereign—I afterwards recollected that I had changed that in North Street—I mentioned that before the Magistrate—I do not recollect anything after I was knocked down till the policeman spoke to me, and I told him I was knocked down—I did not tell him by whom—my pockets were turned inside out—I followed the policeman to the station—I found the two prisoners there—I said they knocked me down—Harris struck the blow—Jukes was close to my side—he had hold of my arm—I recognized them.

Cross-examined by MR. AUSTIN. Q. Do you recollect anything clearly about the whole matter? A. Yes, I had two pints of beer in there, and I had had a glass at my supper—I had beer for my dinner, and some for my supper—I swear I had had no spirits—it was dark in that place; there was a glimmering lamp like—I had seen the prisoners in the public house.

COURT. Q. Had you spoken to the prisoners about going down the yard? A. Yes, I wanted to go to a place of convenience, and I asked them if there was such a place, and they said they would show me.

BENJAMIN THORNE . (Police sergeant, D 9). Early in the morning of 23rd Sept. I was on duty near the Alfred public house—I saw three men come out of the house and go up the yard—I did not know at the time who they were—I was ten yards distant across the road—I heard a man call and some groaning—I went opposite the yard, and I saw Harris coming up the yard—I said to him, "Joe, you have knocked that man down—"he said to him, "No, I did not; he is drunk, and fell down"—I had my suspicion, and stood watching—I saw the two prisoners go into the public house again—I then went to the prosecutor, who was standing holding his head, and his pockets were turned inside out—I said, "What is the matter?"—he said he had been robbed—I topped at the corner till I got assistance; I then sent in and took the prisoners—the prosecutor stood at the corner when we brought the prisoners out, and he said, "They are the two men"—I took the prisoners to the station—the prosecutor followed, and said again they were the two persons.

HARRIS— GUILTY .

JUKES— GUILTY .

Confined Eighteen Months.

THIRD COURT.—Monday, November 2nd, 1857.

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

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18571026-1107

1107. GEORGE KING (26) was indicted for an indecent exposure.

MR. GIFFARD. conducted the Prosecution, and MR. RIBTON. the Defence.

NOT GUILTY .

Reference Number: t18571026-1108

1108. THOMAS WILLIAMSON (38), Unlawfully obtaining 2s. 6d. from William Hay Kirkcaldy, by false pretences: to which he

PLEADED GUILTY .— Confined Three Months.

Reference Number: t18571026-1109

1109. THOMAS GLOSS , Unlawfully obtaining by false pretences a cheque for 25l., and bills of exchange for 25l., 15l., 4l., and 50l.; the moneys of Henry Fitzpatrick.—Other COUNTS., for uttering a certain picture, it having forged upon it the name of John Linnell.

MESSRS. METCALPE. and ORRIDGE. conducted the Prosecution.

FREDERICK WILLIAM ADAMS . I am a frame manufacturer, of No. 9, King Street, Covent Garden, and am employed occasionally to sell pictures on commission. On 24th July the prisoner called on me, and said that he had a picture by Linnell, and if I showed it to Mr. Fitzpatrick he would buy it, as he knew him by sight, but not well enough to speak to him—I asked him whether it was a genuine picture by that master—he said, "It is, and Mr. Fitzpatrick has seen it"—I said, "Is it the one he saw at Mr. Smart's?"—he said, "Yes"—I told him that if it was not genuine I would have nothing to do with it, but, if it was what he represented, he could send it round, and I would show it—he asked me when I should see Mr. Fitzpatrick—I said, "In half an hour"—I had an appointment with him in the City—he deals very largely with me for frames—his pictures always come to

my place—he said, "I will send it round in a case; it is not far off; but do not mention my name to Mr. Fitzpatrick"—he said that he was very much pressed for money, and would part with it at a sacrifice, and he should not like any one to know the price he sold it at—I went into the City direct, and afterwards found this picture left at my place (produced)—it has "John Linnell" on it—it is exactly in the same state as when it was brought to me, and is in the same frame—it was inclosed in a rough case—Mr. Fitzpatrick came home with me—he opened the case, and asked me that I thought of the picture—I said I thought it was a great deal of money for so small a picture—Closs had told me to get him 135 guineas for it, and I asked 160l.—I told Mr. Fitzpatrick that a party had brought the picture to me, and that it was the one he had seen at Mr. Smart's—he said, "Yes, it is," and asked me if I thought there was any doubt about it being genuine, and he took it up, and rubbed the name—I told him that I was not a sufficient judge to give an opinion on it, never having had one in my possession, and I thought he had better go to Mr. Linnell before he bought it—I told him that the person was pressed for money, and that it was considerably less than Mr. Smart had sold it to him for; and Mr. Fitzpatrick agreed to buy it if it was genuine—I told him that I believed it was genuine, from what I was told—he said that it was too far to go to Mr. Linnell's, as he should lose the train—I then told him to go and ask Mr. Smart, as the picture was painted for him—he said, "I will give 110l. for it, and will go to Mr. Smart"—he went away, returned again, and said, "It is all right; Mr. Smart says it is the picture"—during his absence, I went and saw Closs, and told him that I could not get him what he wanted—he said, "If you bring me 120l. I will give you 10l.;" and when I came back, Mr. Fitzpatrick said, "Well, I will give you 130l. "—he went away with the picture, and gave me a cheque for 24l., and two bills of exchange, making altogether 130l—he told me distinctly to ask Mr. Closs about it being genuine, and if I could get a warranty I was to do so—I handed the cheque and two bills to Closs, and asked him if he would give me a receipt or warranty—he said that Mr. Fitzpatrick had been to Mr. Smart's, aha he would sooner have given him 5l. than he should have done so, and that Mr. Smart had said that it was genuine, and what more did he want—I said, "As you ay it is so, that is sufficient.

Cross-examined by MR. SLEIGH. Q. How much did you get from Mr. Fitzpatrick for the picture? A. 135l. Closs was to give me 10l. if I sold it, but I should get more if I could, and I did so—if I had got 160l. for it, I should not have given the difference to him, I should have kept all over that—I was not to receive a commission, and he did not ask me what I had got, and I did not tell him—I told him I had got 120l. for it—I afterwards told him I had got 10l. more; that was before the matter was before the Magistrate—the difference between what I accounted for and what I put in my pocket I handed over to Mr. Fitzpatrick; I never gave it to Closs—no one was present at the interview between Closs and me; it Was in my front shop—when I spoke to Closs about the warranty, I had the money in my hand—I did not ask him to give a warranty at the time I went and told him that Mr. Fitzpatrick would only give 110l.—Mr. Fitzpatrick had not said before he went to Mr. Smart's that he must have a warranty from the party, nor did he ask me to get one art that time—he did not ask me to get him a warranty to save him the trouble of going to Mr. Linnell's or Mr. Smart's, nor did he do so when I returned from Closs—when Mr. Fitzpatrick was in a cab going away with the picture, he said that he was

satisfied that it was the picture, but if I could get a warranty I was to do so, and I was not to part with the bills unless Closs would say positively that it was the genuine picture by Linnell—I had not mentioned Closs's name but Mr. Fitzpatrick knew who it was, because he said, "It is a tall gentle-man with a moustache;" and I said, "I will not say that it is not"—Closs said, "If he is not satisfied he can have his money back, for I lose 40l. by it."

MR. METCALFE. Q. Is Mr. Fitzpatrick a regular customer of yours? A. Yes—I do not believe Closs knew him—I took back a 15l. bill, and handed over to Gloss a cheque for 25l., a bill for 40l., and a bill for 50l., making 115l.—I subsequently received from Closs 5l. as part of my 10l.—the bill for 15l. I kept in my hands some time—as soon as I found that only a copy had been sold, I returned the money, so that I lost everything—I saw Closs, and told him that he had acted in a very disgraceful way—I then found that the original picture was sold the same day to Mr. Closs at Mr. Lloyd's—the 40l. bill was left with my wife—I went to Mr. Smart; he was takes into custody and discharged by the Magistrate; the defendant was bound over in his own recognizances to appear here.

LOUISA ADAMS . I am the wife of the last witness—on 23rd or 24th July, the defendant came and asked if Mr. Adams was within; I said, "He is not;" he said, "I have brought this picture round for a gentleman to look at"—I did not see if it was in a case—he said, "Do you know who I am?"—I said, "No"—he said, "My name is Closs, and if Mr. Adams comes in do not mention my name in the presence of the gentleman who he is going to show the picture to"—he told me to be sure to take it up stairs, for it was a very valuable painting, and I was not to allow any one to see it—my husband came in two or three minutes, and they unscrewed the case and took the picture out—this is it.

HENRY FITZPATRICK . I am a carver and gilder. On, I think, 22nd July, I was at Mr. Smart's shop, in Titchborne Street, and saw a picture by Linnell; he asked 200l. for it, and I would not buy it—I have since ascertained that it was the genuine picture—on the 24th I went to Mr. Adams, and he told me he had got the picture in his shop for sale that was at Mr. Smart's; or, "I have got the picture by Linnell"—this is the picture that he then showed me—he told me that a gentleman had left it with him who wanted money for a bill, and who did not want his name mentioned at all—I said, "Did the gentleman say that it was the picture I saw at Mr. Smart's?"—he said, "Yes"—I asked him the price of it—he first said 140l.—I desired him to go to the gentleman and inquire the lowest price he would take for it, if it was the picture I had seen at Mr. Smart's—he came back, and we agreed on 130l.—I then asked if the gentleman would give a warranty with it—he said, that the gentleman would not have his name mentioned in the matter at all—I said, that I should take the picture to Smart's, and if he assured me that it was the picture painted for him by Mr. Linnell, I should be satisfied without a warranty—I went the same day to Mr. Smart's, but he was not at home, it being 7 o'clock; he had gone to Hammersmith, where he lives—I went next morning and produced the picture, to him; he looked at it, and I held it in the light at the door for him to see and asked him how it was that the gentleman did not come forward, and how he got it—he said that he got it on a bill for 200l.—I asked him if it was a good bill; he said that he thought it was—I held the picture to him, and he said that there was no doubt of it being a genuine picture—it was the copy—I went back and told Mr. Adams that I was perfectly satisfied, having known Mr. Smart a long time—I bought the picture, but told Mr.

Adams not to give up the cheque and bills till I told him—at the time I parted with my money, I believed it was a picture by Linnell—the name on it is almost a warranty—I knew him to be an artist of eminence.

Cross-examined. Q. The copy is so like the original that you would not like to swear which is the original and which is the copy? A. Yes, I can, having seen it at Mr. Smart's house, and from seeing his picture I should have known—I believe artists do copy their works, so as to produce a duplicate—I should not have been satisfied unless I had gone to Mr. Smart; I doubted the genuineness of it—I do not think I should have parted with my money from anything Adams said to me—when Mr. Smart told me that there was no doubt about it, I was satisfied—I had given Mr. Adams the money on the 24th, but told him to retain it—I did not consider my purchase complete until I had satisfied myself that my purchase was genuine—I wrote Adams a warranty, and told him if he could not get it signed, to get him to state that it was a picture by Linnell—he never, gave that to me signed—Adams told me he was sure he would not sign it, because he would not give his name—it is not usual to get a warranty in buying original pictures; we never buy any except of men of character—I generally buy of the artist.

MR. ORRIDGE. Q. An invoice is generally considered a warranty? A. Yes—I am a carver and gilder—the representations made by Adams that the person he was dealing for had said that it was the same picture I had seen at Mr. Smart's, induced me to deal for it, and from it being the same looking picture.

MR. SLEIGH. Q. If Mr. Smart had told you that it was not the same picture, would you have parted with your money? A. Certainly not—I should have endeavoured to get back the money from Adams, if Mr. Smart had told me that it was not genuine.

COURT. Q. Was Adams at liberty to go and pay the money immediately you gave it into his hands? A. No—I gave him the money, and then went to Mr. Smart's, but he was not at home, and I returned to Mr. Adams and told him not to part with the money till the following day—on the following day I called, and told him that I had seen Mr. Smart, who had satisfied me that it was the picture which he bought of Mr. Linnell, and for which be gave 175l.—the name of the canvas maker is Reeves, of Tottenham Court Road.

(THE COURT. considered that the Counts for false pretences entirey failed).

SAMUEL BOYDELL . I am a solicitor, No. 41, Queen Street, Bloomsbury. I produce a bill for 40l., dated 24th July, drawn by Joseph Truley, and accepted by Henry Fitzpatrick; endorsed "Joseph Truley, Thomas Closs"—I received it from Adams.

JAMES LLOYD . I am a partner in the firm of Lloyd Brothers, of Grace-church-street. On 24th July we purchased of Closs a picture by Linnell—this is it (The original), it is in the same frame, and the canvas maker is Reeves—we afterwards sold it—the value of the copy, two weeks' work at 2l. a week, with 2l. for the frame, would be 6l.

JOHN LINNELL . I am an artist, and live at Red Hill, near Reigate. I believe I painted this picture for Mr. Smart, in Dec., 1856, and finished it in Feb. 1857—I certainly did not paint the other—I did not paint my name on anybody else's picture.

FRANCIS LUSLEY . I am foreman to Mr. Rought, picture dealer, of Regent Street—he bought the original picture of Mr. Lloyd, in this frame, but it is not the frame we sold it in.

GUILTY on all the Counts except the first .— Judgment Respited.

Reference Number: t18571026-1110

1110. WILLIAM KETCH (55), Unlawfully assaulting William Shorety, with intent, etc.

GUILTY. * of an indecent assault. — Confined Six Months.

OLD COURT.—Tuesday, November 3rd, 1857.

PRESENT—Sir GEORGE CARROLL . Knt., Ald.; Sir JOHN MUSGROVE ., Bart., Ald.; Mr. RECORDER.; and Mr. Ald. GABRIEL.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18571026-1111

1111. JOHN BENTLEY (22) was indicted for a rape upon Sarah Catherine Harding.

MR. SLEIGH. conducted the Prosecution, and MR. METCALFE. the Defence.

NOT GUILTY .

Reference Number: t18571026-1112

1112. JAMES BUTLER (21), ANN SCANLAN (17), MARY ANN MOODY (17), and JOHANNA SMART (15), Burglariously breaking and entering the dwelling house of William Nelson, and stealing 4 pairs of boots and other articles, value 36s., his property.

MESSRS. METCALFE. and SHARPE. conducted the Prosecution.

WILLIAM WHITLEY . (Policeman, D 91). On the morning of 6th Oct., I was on duty in Northumberland Street, New Road. I met the four prisoners and another—I watched them, and saw them stop opposite the prosecutor's shop—I ran round into Nottingham Street, which leads out of Northumberland Street, and saw the male prisoner with his hand in the prosecutor's shop window—I saw him take out boots and shoes, and hand them to the three female prisoners—they saw me, and they all ran away—I ran after them, and captured Butler about thirty yards from the window—I found on him a pair of Wellington boots; he was carrying them on or under his arm—the females ran away—I saw each of them drop boots and shoes and lasts as they ran—I told Butler, when I took him, that it was for breaking into Mr. Nelson's shop—he said if it was not for the drink, it would not have happened—I found the prosecutor's shutter down, and a pane of glass broken—I have no doubt of the identity of either of the three females—I did not take either of them—I knew them before—I was well acquainted with their faces—I saw them standing at the window three or four minutes, and I had seen them all together before that.

Cross-examined by MR. RIBTON. (for Butler). Q. How far were you from Butler when you say you saw him put his. hand into the shop window? A. About fifteen yards—I saw it distinctly—I have not got the boots here that I found on him—the prosecutor saw them before the Magistrate, and they were given up to him by the Magistrate's order.

WILLIAM NELSON . I am a shoemaker, No. 17, Northumberland Street. On the night in question I closed the premises about 11 o'clock, and went to bed about 12 o'clock, after seeing all safe—the shutters were up, and the window closed, it is not made to open—there was no hole or crack in the glass—the policeman called me up about 2 o'clock—he was holding the male prisoner by the collar, and my boots and shoes were lying about the pavement—they belong to me—some were in an unfinished state—I made them myself.

WILLIAM HARPER . (Policeman, D 37). On the night of 6th Oct. I was on duty in High Street, Marylebone, and saw Butler, Scanlan, and Moody near the Shepherd and Flock, at the corner of Weymouth Street—I do not know Smart—there was another female and another man with them, but I did not

know them—I afterwards saw the same five persons in High Street, about half past 1 o'clock, going towards the New Road, and about half past 2 or quarter to 3 o'clock, I saw Scanlan and Moody running down Beaumont Street towards Woodstock Street—I stopped them, and asked them where they were running to—they said they were going home—I said, "Where have you been to?"—they said they had been to the play—I think Scanlan said this—I do not think Moody said anything—I said, "You have not been to the play, for I have seen you several times"—about five minutes afterwards. I saw Butler in custody.

WILLIAM BURT . (Policeman, D 192). I was on duty in the New Road, near Northumberland Street. About 2 o'clock on Tuesday morning; I saw the four prisoners and a man walking along opposite Marylebone Church, about three or four minutes'. walk from Mr. Nelson's—I did not see where they went to, I saw them pass on towards Mr. Nelson's—I did not know them before—I am quite sure they are the persons.

Cross-examined. Q. Was Butler very drunk? A. He did not appear so.

WILLIAM HAMMOND . (Policeman, A 573). I took Scanlan into custody, at No. 14, Little Chesterton Street, at 12 o'clock, on the 6th, in a back kitchen—I told her it was for being concerned with James Butler in committing a burglary—she said, "I have been with James Butler all the morning, but I was not with him when he did the job; I left him at 12 o'clock, at the Shepherd and Flock"—I took Moody in Northumberland Street, about 3 o'clock on the 6th, after the others had been before the Magistrate—as soon as she saw me, she ran away—I brought her back, and told her it was no me her running away—I told her what she was charged with—she said she knew nothing about it.

JOSIAH LANE . (Policeman, D 216). About 2 o'clock on Tuesday morning I saw. Smart in Northumberland Street, about four or five yards from Mr. Nelson's shop—she was running away from the shop—I stopped her, and asked what she was running for, so early in the morning—she said she was running away from a cab man—at that time I knew nothing, about the burglary—I let her go—I saw no cabman.

Smart. He never saw me, neither do the other prisoners know me, I was in bed at 11 o'clock.

WILLIAM BURT . re-examined. I took Smart into custody in Marylebone Lane—I asked her what time she got to bed in the morning, she said about 3 o'clock.

Moody's Defence. I am quite innocent of it, I had nothing to do with the robbery, I did not go through the street.

Smart's Defence. I am innocent of it, I have my two sisters to prove I was at home.

MARY SMART . I am the prisoner's sister, and live at No. 26, Henrietta Street My sister lived with me until she was taken up—she slept in the same room—when I came home from Brompton on this night, at half past 10 o'clock, she was in the room, and also in bed before 11—I awoke in the morning at 20 minutes to 7 o'clock, and she was then in the room—she could not have left without my knowing; it—she never did leave the room—I was very restless, having the face ache—I am a servant, I had only left my place the Wednesday before, at No. 21, South Street, Alexander Square—I had been there four months, and before that I was in a place for six months, and before that for ten months—she was taken into custody on the 6th, from my mother's barrow in Marylebone Lane—my mother and father and sister all slept in the same room the night before, and I assure you she never

left the room after half past 10 o'clock—she is not acquainted with the other prisoners—she only came from the country in May—she was at a cotton factory, where she had been sent by a lady—since May she has been in a situation at 1s. a-week in Grosvenor Market, and she had only left there on the Sunday afternoon.

ELLEN CONNOR . I am a sister of Smart. I am married, and live at No. 24, James Street, Oxford Street—I heard of my sister being taken into custody on the Tuesday night—on the Monday I saw her about 6 o'clock in Marylebone Lane, and again about a quarter to 10, when the constables go on night duty, she was at her mother's barrow with the oysters—I went with her home to my mother's, about 10 o'clock, to ask her to let one of my sisters sleep with me, as my husband was going out—I stopped there till just on 11 o'clock, till they were in bed—I went again in the morning, about 7 o'clock, and my sister was just getting up—I went before the Magistrate to tell him this, but they contradicted me, and said I was a bad character.

DENNIS SMART . I am the prisoner's father. On the night before she was taken I was with her at the corner of Marylebone Lane, at half past 10 o'clock—she drove the barrow home and took the tub of oysters up stairs, and went to the Lamb and Flag, at the corner of Henrietta Street, to know what time it was, and it was five minutes to 11 o'clock—I went up to my room, and on the virtue of my oath my daughter was in bed at that time, and did not get up till between 7 and 8 o'clock in the morning.

WILLIAM WHITLEY . re-examined. The prisoner's sisters were before the Magistrate—I have known Smart, by being on duty round there, for five or six months, I should think—I have seen her with a barrow of oysters, mostly with her father and mother.

BUTLER— GUILTY . **— Confined Eighteen Months.

MOODY— GUILTY .— Confined Six Months.

SCANLAN— GUILTY .

SMART— NOT GUILTY . (Scanlan was further charged with having been before convicted of felony.)

JOHN FRANCIS . (Policeman, D 72). I produce a certificate—("Westminster; Ann Scanlan, Convicted of larceny, March, 1857, Confined Three Months")—I was present at the trial—she is the person.

SCANLAN—GUILTY.— Confined Twelve Months.

NEW COURT.—Tuesday, November 3rd, 1857.

PRESENT—Sir GEORGE CARROLL ., Knt., Ald.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Eighth Jury.

Reference Number: t18571026-1113

1113. PETER O'BRIEN (29), and SIMON O'BRIEN (26), unlawfully and maliciously inflicting on John Whittaker grievous bodily harm.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

MAURICE GIBBONS . I am an engineer, and live at Chelsea. On 23rd Aug. I was near Battersea Bridge, on the Chelsea side—I saw the two prisoners on the bridge—it was about half past 12 o'clock on Saturday night or Sunday morning—I had heard some disturbance which caused me to go on the bridge—when I got on I saw a row—the two prisoners were having some words with some women—I tapped Peter on the shoulder, and said, "Go home, old fellow, don't get yourself into trouble"—I should say there were very nearly twenty persons on the bridge—when I tapped Peter on

the shoulder he gave me a good blow on the face with his fist—I did not bit him again—I said, "Thank you for that"—he then struck me again, and got me against the rails of the bridge—he attempted to throw me over—whether he intended it or not I do not know—I got my legs through the rails—at that time I saw the policeman Whittaker—he came on the bridge and I offered to give Peter O'Brien in charge for assaulting me—the constable replied, he did not see the blow struck, and he could not take him into custody—the constable went away—after I had made the first complaint to the constable Peter O'Brien tried to throw me over the bridge—I called to the constable, and said, "Did you see that?" but he did not answer me—Peter O'Brien then left me, and went on and struck the constable—I cannot My where he struck him—I had quite enough to do to look after myself—Peter O'Brien made some remark to the constable before he struck him—I could not hear what—the constable said to him, "Go home, or I must take you to the station"—it was after he said those words that Peter struck him—I did not see what was the effect of the blow—I saw Simon O'Brien striking the constable—I do not know whether that was before or after Peter struck him—I saw the constable on the ground, and the two prisoners striking him.

Cross-examined by MR. LILLEY. Q. Did you not get out of the row as soon as you could? A. Yes; but I was not off the bridge—I was not taking notice of the number of persons who were on the bridge after I got the first blow—when I first spoke to the constable I was on the bridge—there was a good deal of shouting and hallooing, and confusion when the constable came up—I saw him coining up towards the crowd—I did not see him actually walk on the bridge—I was not on the bridge when I first noticed the disturbance—I was standing by the Adam and Eve public house—there were four or five females there—I saw the prisoners taken to the station.

JOHN WHITTAKER . (Policeman, V 303). I was on duty on 23rd Aug., near Battersea Bridge. About a quarter past 12 o'clock I heard A noise—I went on the bridge—a young man spoke to me—I cannot recognise him—he complained of an assault, but I did not interfere as I saw no assault committed—I saw Peter O'Brien clapping his hands together, and calling for any b—rascal to fight him—I desired him to go home quietly, and not be making any disturbance there—he said, "Is it for you that I am to go home? I will go home when I think proper"—he still continued to call for any rascal to fight him—I said it was better for him to go home quietly and not get himself into trouble, or I would be obliged to take him to the station—I did not see Simon at that time—Peter went towards home, and Simon joined him, and I followed in the same direction a few yards—I saw them quietly off the bridge—as I was following them, the young man who had spoken to me asked what was the reason I did not take him in charge, and I was explaining it to him—he asked my number, and said he would report me at the station—while I was talking to him Peter O'Brien turned back and came to me—he said he would not go home without fighting some b—rascal, and on that he struck me—I had not interfered with him in any way, except in saying what I have stated—he struck me on the head, and on the shoulder several blows—one of the women returned with him, and she got behind me, and put her arm round my body—Simon O'Brien came up and struck me several times on the left side of the head and the shoulder—one of those blows knocked me down—I fell against the kerb stone of the bridge—when I was down Peter O'Brien got on the top of me,

and put his hands in my stock—my hat had fallen off—when Peter knelt on me Simon kicked me in the lower part of my stomach at the side while I was lying on the ground—I then became insensible—when I recovered my senses I found a person of the name of Henry near me—soon afterwards two constables of the A division came up—at that time Peter O'Brien had hold with his two hands in my stock—he was shaking my stock, and choking me—I desired him to let go—one of the constables tried to unfasten his hands from my neck, and could not—he then knocked Peter O'Brien down, and by that means his hands got loose—I had got up from the ground, and the two constables assisted me to the station—when the constables had knocked Peter down I found myself up—I was confined to my bed seven or eight weeks—I lost a great quantity of blood by the bowels—that stopped on Sunday week last—I did not know either of the prisoners personally—I might have seen them.

Cross-examined. Q. When your attention was first called to the bridge, was there a great number of persons and great confusion? A. I saw no confusion—only one person spoke to me—I do not think there were so many as thirty persons—there had been persons coming up from the time it occurred till I took them in charge—there were not so many when I first went—Peter O'Brien had hold of my stock—it was a common leather stock which fastens behind with a clasp, something similar to military stocks—I saw two women at first—I saw three afterwards—I gave the prisoners no provocation—I am an Irishman.

THOMAS HENRY . I am a greengrocer at Chelsea; I have a stable close to Battersea Bridge. On Sunday morning, 23rd Aug., I heard some disturbance on the bridge—I went on the bridge and saw the policeman lying on his back on the narrow pavement—Peter O'Brien was kneeling on his stomach, and his hands were in the policeman's stock—I did not see Simon O'Brien then, he was a little way from me—I ran up and said to Peter O'Brien, "Good God! don't kill the constable"—I took hold of his right arm and pulled him from under the man—Peter had still kept hold of his collar—I tried to get the constable on his seat, and his head fell on one side, and I heard a gurgling noise—Peter had still hold of his throat—I tried to get him away, and one of the A. division came up, and he had a scuffle with Peter, and we got the policeman from him—I did not see Simon do anything to him—several of the A. division came up—I got the constable's hat, and put it on and walked away.

Cross-examined. Q. How did the A's release the constable from Peter? A. They had a scuffle—I will not say whether the constable and Peter were both down, but Peter was down I know, and they turned over, and that released his hold—there were a goodish few persons came up.

EDWARD PEARMAN . I am foreman to a butcher in Chelsea. I was standing at the shop door, which is within 200 yards of the bridge—hearing the noise I went on the bridge—I saw Gibbons there—I heard him complain to Whittaker of his not taking somebody into custody—there were several persons there, and the two prisoners—Whittaker said to Gibbons, "I did not see any blow struck, I can't take him"—I heard him say to the prisoners, "You had better go home quietly, and not make any disturbance"—I then saw both the prisoners strike the policeman several times with their fists on his head and shoulders—I went up to them and said, "That is not right, two on to one"—I caught hold of Simon, we had a scuffle, and I got him down, and there held him till the other policemen came up—after I had taken him away, Whittaker and Peter both fell to the ground—I

did not see what Peter did to him when he was on the ground—I was holding the other man—Whittaker's hat was off when he struck him first.

Cross-examined. Q. There were a number of persons; were they shouting out? A. There was a disturbance certainly, for the police to come to the assistance of this man—that was the cry, and when Peter O'Brien was on the policeman, it was to release him—it was about the middle of the bridge.

HENRY STANDAGE . I am a waiter at Cremorne. I was coming by Battersea Bridge from the gardens after having left my work at a quarter past 12 o'clock—I heard a disturbance and cry of "Police!"—I came up and saw Whittaker on the ground—there was a number of persons, and I saw both the prisoners—Peter had got his hands in Whittaker's stock, and was kneeling on him—Simon was scuffling about, and another man got hold of him—Peter was shaking Whittaker up and down on the kerb stone—Mr. Henry said, "Don't kill the man"—he caught hold of his arm, and I caught hold of his arm, and we got him away—he was quite exhausted, quite gone—he could not move for several minutes—I did not see Simon do any thing to the policeman—I was not there in time for that—two of the A's came up, and one of them tried to get Peter away from Whittaker, and they scuffled and fell—Peter hit him as hard as he could, and told him he would serve him the same.

Cross-examined. Q. Did you hear anything said by either of the prisoners about their wives and families being insulted? A. I heard them say so at the station—I rather think they were the worse for liquor.

JOHN HILLIER . (Policeman, A. 282). In consequence of a cry of "Police!" I went on this night or morning to Battersea Bridge—I found Whittaker there, and Peter O'Brien holding him by the stock—he appeared very nearly strangled, he could scarcely speak—I requested Peter to release his hold—he said, "No, I will choke the b—and throw him over the bridge"—I then threw Peter on the ground, and succeeded in releasing his hold—Whittaker appeared very exhausted; he was obliged to rest on the kerb a few minutes before he could get up—Peter struck me several times and said, "You b—, I will serve you the same"—Simon was lying on the ground—some parties had hold of him—I did not see him do anything.

Cross-examined, Q. Did you take Peter to the station? A. Yes—he said at the station that he and his wife had been insulted by some parties on the bridge.

JOHN CLARK . (Policeman, A. 273). I came on Battersea Bridge that morning—I took Simon O'Brien in custody—there were three civilians with him trying to keep him from making his escape—he said to me, "If so many of you had not come up, I would have killed the b—"—he made several attempts to strike me, but I kept him off with my truncheon.

Cross-examined. Q. Did he do anything at the station? A. He attempted to strike me there, and he kicked me in going into the station—they were both drunk.

FRANCIS GOODRICH . I am a surgeon. I saw Whittaker four or five days after this—I have attended him ever since—he is still under my care—at that time serum and blood was being passed with the urine from the kidneys till about a fortnight ago, and also from the bowels, which indicates great internal injuries—I consider him in a dangerous condition—I think, if he goes on even in the best way that we can expect, he will never be fit for duty again, for any active employment or hard work—blows or kicks on

the abdomen would account for the blood passing from the bowels, and blows on the back for blood passing the other way.

PETER O'BRIEN— GUILTY .

SIMON O'BRIEN— GUILTY . *

Confined Three Years.

Reference Number: t18571026-1114

1114. SOPHIA WRIGHT (21), Unlawfully endeavouring to conceal the birth of her child.

NOT GUILTY .

Reference Number: t18571026-1115

1115. WILLIAM RYAN , Unlawfully assaulting Thomas Mears.

NOT GUILTY .

OLD COURT.—Wednesday, November 4th, 1857.

PRESENT—Mr. RECORDER.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18571026-1116

1116. FREDERICK SPAIN , stealing 1 sack of flour, value 2l. 6s.; the goods of Samuel Prettyman Mumford and others.

MR. HORRY. conducted the Prosecution.

ARTHUR BRAIN . I am delivery man to Mr. Samuel Prettyman Mumford, a miller, at Greenwich. On Thursday morning, 17th instant, I delivered twenty five sacks of flour into a van for Mr. Nunn, a baker in Brewer Street, Somers Town, about 10 o'clock—the sacks were all marked with Mr. Mumford's name—Taylor had charge of the van—I knew the prisoner—he has sometimes been with the van when a man has not been well—he was not employed by Mr. Mumford, or by me, but by the carmen—he was not in Mr. Mumford's employment at this time.

Cross-examined by MR. T. ATKINSON. Q. I suppose the carmen require extra assistance in getting the sacks out of the van? A. No: that is not allowed—a sack of flour weighs 2 1/2 cwt.—a man can manage that himself—I know that they do sometimes get help—the carman is responsible for the flour.

WILLIAM COOPER . I am in the employment of Mr. Curtis, a cow keeper, at Somers Town, opposite Mr. Nunn's. On Thursday evening, 17th Aug., about 7 o'clock, I saw the prisoner in a van of Mr. Mumford's, helping the man to unload—I saw all the sacks removed but one—I saw the prisoner get out of the van, and draw the horses round into Smith Street, and then he got up into the van again, and covered the sack over—he was then about four houses from Mr. Nunn's—Smith Street is a dark street, with nothing but private houses—after he had covered the sack over, he drew the horses round into Penny Street, by the Independent public house—there were five vans there—I did not follow the van.

Cross-examined. Q. Then you did not see it stop at the public house? A. Yes: all the five vans stopped there, and the carmen all went in—I suppose the prisoner went in also—I did not see him.

HENRY BAILEY . I am in the service of Mr. Ibbetson, a cheesemonger, opposite Mr. Nunn's. On Thursday evening, the 17th, I saw the vans of flour delivered at his shop—I saw the last van at the door—I saw the prisoner partly conceal a bag of flour in the van with the tarpaulin—he then got out of the van, and drew it round into Smith Street. I did not see any more.

NOT GUILTY .

Reference Number: t18571026-1117

1117. ELLEN HOGG (28), Unlawfully concealing the birth of her child.

MR. SHARPE. conducted the Prosecution, and MR. LANGFORD. the Defence.

GUILTY.—Strongly recommended to mercy. — Confined One Month.

Reference Number: t18571026-1118

1118. CHARLES FOULD, alias De Fleury (34), Unlawfully obtaining 340l. worth of blankets, the goods of John Foster Sykes, by false pretences.

MR. SLEIGH. conducted the Prosecution.

JOHN FOSTER SYKES . I am a flannel and blanket merchant, of No. 72, Aldermanbury. The prisoner was introduced to me by a person named Knight, whom I knew something of—I asked him for a reference, and sold him a parcel of goods on credit, amounting to 144l.—he called on me on the 20th of the same month, May, and told me that he expected to haves contract with the French Government for blankets—he had given his name as Fould and Co., No. 3, Cannon Street, and told me that he was related to Monsieur Fould, the Prime Minister of France—he said on the second occasion that he expected to have an order from the French Government for blankets for the camp at Chalons, and he should have an order for me—I sold him a parcel of goods amounting to 113l.—he called on me again about the first week in June, and said, "I want you to get me some samples of blankets, to see if I can obtain that contract; they are going to be put before the French Government, and I want samples from you as well as from other houses"—I asked him what quantity he should want, and he wrote it on a paper, and gave it to me—I have looked for it, and cannot find it; I believe it has been torn up—I left my books and papers at the office of Mr. Child, the inquiry agent—it was an order for 200 or 300 blankets; fifty pairs of nine-quarters, fifty pairs of ten-quarters mediums, fifty pairs of nine-quarters supers, and fifty pairs of ten-quarters supers—a few days afterwards he called again, and told me that the goods had been placed before the Government, and said, "I have got the contract, and it is for you; you must supply the goods"—I said, "Very well"—the paper was in French, and I did not understand it—it was headed, "Gouvernement de Francais"—he said, "Here is the contract for the French Government"—it was partly printed, and partly written—there was a printed form on one side, and when you turned over the leaf there was the order on the other—it looked like a very large order—I could understand the numbers, but not the writing—there was a column of figures—he said that he wanted 5, 000 pairs a month, or upwards, and a fortnight after every delivery I should receive the money for them—I procured the goods, and then went over and saw him at 3, Cannon Street—it is two or three offices, up three flights of stairs—I told him that a portion of the goods had come up, and said, "Where are they to be sent to"—he said, "Send them into Arnold's, the packers, in Barge Yard: shall I send a cart over, or will you send them?"—I said, "Just as you like"—he said, "Very well, let them lie at your place until I send a cart for them"—a cart arrived, and they were given into the charge of the carman in my presence—that order was not entirely completed—there were 200 pairs in the first lot—I delivered 200 pairs more on 18th June, and on 23rd June 100 pairs large size—he had told me on the 18th or the 23rd that he wanted larger sizes of the same qualities as I had sent in, and gave me an order for 100 pairs, which I got for him—he said something about a better class for the officers—I should not have parted with those goods if I had not believed his statement, that he had an order from the French Government—I last saw him between the 6th and 24th of Aug.—I found him there two or three

times, but not on the last occasion—I did not see him for several weeks, though I made efforts to do so.

Cross-examined by MR. TINDAL ATKINSON. Q. Are you not an agent? A. Yes, for Schofield and Co., of Rochdale—they do not manufacture blankets, only flannels—Knight is a party who was formerly in the employ of Whitesell and Co.—he was my town traveller at this time—the reference the prisoner gave me was to Mullett and Co., of Fenchurch Street—I went there, and was satisfied with what they told me—that was the foundation of my credit with him—I drew on him at first in two bills for 113l. 2s. 2d. and 144l. 4s. 6d.—the 113l. bill was honoured, and the 144l. was not—I never borrowed 20l. of him—I went and got money on account, and gave him an I O U—I suppose that was after I had taken the bills, but it was not before he had got goods worth a great deal more than that from, me—I had got two bills on the 21st—I did not borrow 20l. of him, that I am aware of, on an I O U, on 19th May—I had a paper cancelling all the I O U's, but have torn it up—I should not enter 20l. borrowed in my cash book; I did not ask him to lend me the money; I asked him if he would give me so much on account—there is a small sum on the 20th, of 7l. 10s., for goods supplied to him—I cannot tell the date, or whether I got 5l. on the 29th—I have had several small sums—I could not take upon myself to say that I have not—I may have had money from him on the 29th May—I cannot go into dates—I am not aware that I had money from him when it was not due for goods—I might have had money from him two or three times during a week—he told me that he could not find the I O U's, and gave me a paper cancelling them—they were not given up—they amounted to 100l., a little over or a little under—I cannot say whether I left a blue covered sample book of blankets on 9th June for his inspection—I do recollect the fact of taking it over there, and after it had been there some time I may have seen him on the subject of the purchase of the blankets—I recollect his giving me an order for 200 samples, and 1, 200 pairs at my convenience—the order for the 1200 pairs was not given to me at the same time—they were ordered perhaps three or four days afterwards—they were to be delivered as soon as possible—I stated, in Mr. Schofield's presence, that I had an interest in the concern—I was not in any way interested as a partner—the 1, 200 blankets were to be paid for, fourteen days after their delivery—this is the order for them (produced)—this large writing is the defendant's—I began to deliver the blankets upon that order on 27th July—I have had several amounts of money on I O U's—on 8th July I went to him and got a settlement—that was nothing further than an I O U—I told him that my friends were anxious for me to get money for them, and that I wanted to balance the account—he said, "Very well, we will go into if"—that was about 5th July, and on 8th July I told him what was due to me—I cannot say what it was, but it was a large amount—he gave me some money on that day, and it was added to the I O U to make up the balance, and I drew on him—I told him that I should draw bills on him—I got bills from him for the balance—I found that, on 8th July the amount he owed me was 518l., after deducting 100l., the amount of I O U's—that did not take in the 113l. which had been met—that was crossed off the two first transactions—we cancelled the I O U's and began with a clean slate—just before 24th July, when the 113l. bill became due, I began to make a little inquiry—I did not make inquiries of his housekeeper—she was brought before me in his presence to say that a party in Manchester, one of my friends, had been making inquiries about him, and I said that the reference

I had had was very satisfactory to me, and it would induce me to trust him to any amount—I have handed Mr. Schofield's account over to him, and he has put it into the hands of his solicitors—I was before the Magistrate at the Mansion House, and was cross-examined by Mr. Sleigh for the prisoner—I did not threaten Mr. Brunell, that if the money was not paid I would prosecute this man—I told him I wanted the money, and if I could not get it by fair means, I must take other means—I have never offered to withdraw this charge if my lawyer's bill was paid, and sufficient given me to pass through the Bankruptcy Court—I said nothing about the Bankruptcy Court—I said something to Mr. Fould's servant, but I was so excited I could scarcely know what I was saying—I saw Mr. Fould under the Mansion House; I had to go out the back way, and he asked if I wanted to speak to him; I said, "No, except to say that I am very sorry indeed to see you placed in this position"—he said, "Well, do not appear against me at the Old Bailey"—I said, "I am bound over in 40l. to appear against you"—he asked me to feel for him and his wife and his two children; I said, "Her's is a position that I should not like to be placed in myself"—he asked me if I would go up to his house and see his wife, and tell her that he was quite well, and pacify her a little—I said, "I do not like going up there, but as it is your wish, I will do so," and I went and told Mrs. Fould what had passed, and that he wished me to withdraw the charge, and if I did and he got his liberty again, I should not lose one farthing, but that I was bound over to appear or forfeit 40l., which I was not in a position to do, and, besides that, there was 20l. solicitor's expenses—I did not say that if that was paid I would withdraw—I was prosecuting the defendant at that time—I find that I have been very wrong in going there, for he has written to his wife, and says that if he is released, he shall come against me for false imprisonment, and I think that is a very nice way of paying me for my kindness—I was not in the habit of going backwards and forwards and lunching with the defendant while this business was going on—I have had wine with him at his office; he has asked me to do so several times—I have, of course, removed from Aldermanbury—he has ruined me, and I have been obliged to give up my place—I have nothing to remove—I have left.

MR. SLEIGH. Q. What is the value of the property which this man has obtained from you, and which you are still a sufferer by? A. 838l. 5s. 4d.—none of those bills which were given to make a clean slate have been paid—when I made inquiries at Mulletts', they said they had known him some months—he told me that I could also inquire at the Unity Bank, but I did not wish to go there—it was he that spoke to me at the Mansion House, from the cell—the cell doors have wires, and I was passing by and he called out to me—he told me in that conversation that he had not had a contract from the French Government, and that if I would not prosecute him, he would get money of his friends and I should not lose one farthing—he had then been fully committed for trial.

COURT. Q. You said on one occasion, that you had received a satisfactory reference and could trust him with 1000l.; what do you mean by saying that you would not have supplied the goods if you had not believed his statement that he had orders from the French Government? A. Well, I should have asked him something further about that—of course I spoke in the same way as Mulletts', the party I got the reference from—the goods only came to about 800l., but then he had given me an order for some 1000 pairs of blankets—if he had ordered them without a reference, of course I must known something further about him, although I said that I would

trust him with 1000l.—I should like to have had another reference first—I did not ask for another reference—I, perhaps, might have trusted him to the extent of 8001. if he had said nothing about the French Government—I do not think I should have trusted him to the extent of 800l. on the reference alone—I should very likely have trusted him to a great extent if he had not said a word about the French Government.

NOT GUILTY .

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18571026-1119

1119. JOHN NASH (27), Stealing 1 pig, price 30s.; the property of Thomas Connolly.

MR. M. J. O'CONNELL. conducted the Prosecution.

CHARLES CONNOLLY . I live at Stratford. On 21st Oct., I had two pigs in my possession—they were my brother's—on that morning, I let the pigs out of the sty about half past 6 o'clock, into the yard—at a quarter to 7, I missed one of them—I went in search of it, but could not find it—I got some information from a neighbour—on the Friday morning following, I went towards Stratford—I saw the prisoner about 100 yards from where I live, driving the pig—there were two or three men with him—I said, "Who owns this pig?"—the prisoner said, "I do"—I asked where he got it from; he said he bought it—I asked who he bought it of; he said, of a man down Stratford—I asked if he knew him; he said he did not—I said, "You will have to find him, for that pig belongs to my brother"—I said I would fetch him, and shut the prisoner and the pig in the Church school room yard.

Cross-examined by MR. METCALFE. Q. How long were you absent? A. About a minute and a half—I found they were gone—I looked for them and found them about three quarters of a mile from where I had left them, going towards Bow—he had the pig tied to a string—I do not know whether he had it tied when I first saw him—I then gave him into custody—he was going in the same direction as when I first saw him, towards where he lives.

THOMAS CONNOLLY . I am a ginger beer maker, and live at Stratford. I had two pigs in my brother's custody—I remember one pig being lost on the 21st Oct.—on the Saturday, I saw it at the station—it has some marks on it by which I know it.

JOSEPH BRYDON . (Policeman, K 157). The prisoner was given into my custody on Friday, the 23rd of Oct.—he was charged with stealing a pig—I asked him how he came with the pig in his possession; he told me he had bought it of a man and paid 25s. for it—I asked if he could give a description of the man—he said, "No," and I took him to the station—the pig was shown on Saturday morning to the last witness, and he claimed it.

(The prisoners statement before the Magistrate was read as follows: "How I got the pig was, my brother-in-law sent for me to know if I had got a place to put the pig in until it was claimed by some one; he told me the pig broke into his place, and broke one of his large geraniums; when I was taking the pig away, I saw Mr. Connolly, and he says, 'Where did you get that pig from;' I says, 'Why?' he says, because the pig belonged to him; I says, I would not give up the pig before I saw my brother-in-law about it; I would not let any one have the pig, and this man took me to the station.")

Witnesses for the Defence.

CAROLINE LEE . I am the wife of James Lee, who lives at Stratford. On Wednesday, 21st Oct., a pig came into my house—I was lighting my fire, and I heard a noise in the front room; I turned round, and saw two pigs there—I drove them out; I had lighted my fire when one came in again, and I drove it out into the back yard—I let it remain until my husband caine home—it broke a glass lamp, standing on the table, and a case of stuffed birds—I was trying to drive it out with a broom, when my husband came home I told him a stray pig had come in; he asked me what mischief it had done—I told him; he said, "Let it remain," and he would send to the police station, and give information about it—it was there from the Wednesday until the Friday—on that day the prisoner came for the pig—my husband was not at home, and I gave him the pig to keep until the owner was found; that was the agreement between my husband and him.

COURT. Q. Did he come for it, and drive it away from your premises? A. Yes; he tied a string to its leg, and drove it off—that was, I think, about half past 6 o'clock at night.

Cross-examined by MR. O'CONNELL. Q. How far does the prisoner live from you? A. I do not know the distance—he lives at Bow—I gave him the pig to keep until an owner was found, because we had no place for it—we were afraid we should not be allowed to keep it—he has a different place for keeping it, a field—I did not see him from the time I gave him the pig until I saw him in custody.

JAMES LEE . I live at Stratford, and am foreman in Mr. Burford's manufactory. I have been there ever since I was nine yean of age—when I came home on the day in question, I asked who broke the case of birds; my wife said a pig came in the place and ran underneath the table, and upset the case—I was very angry, and said I would keep the pig until I found the owner, and would make him pay for it—I asked my lodger to write a letter for me to take to the station house, on the Thursday; he said he would take it; he delayed it—I asked him for it on Friday; he gave it to me, and I took it to the station as soon as I had done work, about 9 o'clock—I went to where my brother-in-law works, and asked him if he would take the pig until I could find an owner, as I had got no place to keep it—he did so—when I went to the station they said they knew nothing about any pig.

Cross-examined. Q. Where did you see the prisoner about taking care of the pig? A. At the wharf, where he was at work—it is about half a mile from my place.

NOT GUILTY .

Reference Number: t18571026-1120

1120. HENRY DENBY (26) and JOHN HOLBROOK (25), Stealing three curtains, and other goods, the property of Ann Mary Halwell and Robert Wright.

MR. HORRY. conducted the Prosecution.

ANN MARY HALWELL . I am cook to Miss Hall, of Leyton. On 30th Sept., I had been washing some articles—I hung them out to dry between 4 and 5 o'clock, in the afternoon, in Miss Hall's drying ground, adjoining the lawn—these (produced) are the things; some are Miss Hall's, some mine, and some the coachman's; some have not been found.

Cross-examined by MR. SHARPE. Q. When did you miss them? A. At a quarter to 6 o'clock—the church clock was facing me, and I looked at it; it is about four minutes' walk—I do not know how far I walk in that time—it was near the end of September, but I can always see the clock—I know these things belong to Wright, because I have washed for him occasionally

for six years; I also helped to make them—I know my own work.

ROBERT WRIGHT . I am coachman to Miss Hall. I saw these things safe at 5 o'clock, on the day in question—I missed them at a quarter to 6 o'clock—the lines had been cut, and taken away—these scarves are mine.

Cross-examined. Q. Were you examined before to-day? A. Yes, at Ilford; there is no mark on the scarves by which I know them—they are exactly like mine—they were found in Mr. Charrington's Park.

JAMES CHOAT . I am a labourer, living at Stratford. On 30th Sept, I saw the prisoners together at Leyton—that was a quarter before 5 o'clock—Denby had a bag with him—there was nothing in it.

Cross-examined. Q. What were you doing? A. I was carrying a pail to fetch water; I spoke to Denby, but he made no answer—I had seen him a great many times—I stopped on the road, and these two went up towards Miss Hall's place; I took particular notice of the bag, because it was slung over his shoulder; and Holbrook asked me in the morning, whether I had seen anything him—I had known Holbrook before—I said, at the Police Court, I had known him.

JOHN WILDING . I am an appraiser and house agent, living at Leyton. On 30th Sept., I was standing at my garden gate, near Miss Hall's, about 5 o'clock—a gentleman came, and spoke to me—in consequence of what he said, I looked towards Miss Hall's—I there saw some things on the line, and, in an instant, the things went down, as if the line had been cut; presently, I saw two men come away directly from the spot; they went through the church-yard, towards Leyton—I went up the pathway, towards Miss Hall's drying ground, and saw the two men come through; one had a bag—I know the jacket one had on—the prisoner Denby had on that jacket he has now; Holbrook followed him—I only saw they had a bag with something in it; I then went round the path, towards Leyton, to look for a constable, so as to come round and meet them.

Cross-examined. Q. Did you ever see Denby before? A. I have seen both of them; all this occurred in a very little while; the nearest man was about two hundred or three hundred yards off; it might not be so far—I did not see them after this until they were in custody at Ilford.

RICHARD NEALE . I am a cow keeper, at Leyton, near to Miss Hall. On 30th Sept., my attention was called to the two prisoners; I had seen them before—Holbrook was pulling the clothes off the line—Denby was kneeling down, putting them in the bag—I was standing at a window—they then went towards Leyton Churchyard—I then gave information to the police.

Cross-examined. Q. Do you know Denby?. A. Yes; he goes about collecting rags and bones—I was not near the last witness, nor did I speak to him—there was a field between me and Miss Hall's, about 200 yards—I am sure Holbrook is the man who was taking the things off the line—I was examined before the Magistrate at Ilford—I could not swear to the man then—I might have seen Holbrook before; Denby I have seen come round for the rags and bones—when before the Magistrate, I did not "only believe" that Holbrook was the man who was taking the clothes off the line—it might be that I never saw him before, but I know him—he was the smaller man of the two—I did not see him afterwards until he was in cutody at Ilford.

THOMAS PORTER . I am a coal dealer, living at Stratford. On 30th Sept. I was driving a horse and van near the Blackbird public house, at Leyton;

I was driving towards Stratford—I saw Holbrook on the road—he came up to me—I stopped the horse—he then stepped back, and beckoned the other prisoner—he came up in a few minutes with the bag—they put the bag in the waggon, got up, and rode as far as the Castle inn, at Stratford—they there got down and walked away.

Cross-examined. Q. At the time Holbrook came up, did you notice the other man? A. No, I did not for the moment—Denby was carrying the bag—there was another man got into the waggon at the same time—he was carrying a basket of china, and the prisoners helped to lift it.

GEORGE HUNTER . (Policeman, N 357). On 2nd Oct. I took Holbrook into custody, in East Street, Stratford. I told him it was for a robbery—he asked me where it was, and I told him at Leyton, on Wednesday—he said, "I was not there on Wednesday"—I then took him to the Walthamstow station.

Cross-examined. Q. Did you tell him it was for stealing linen in the first instance? A. I did not; I told him it was for a robbery at Leyton, at Miss Hall's—where I took him was about two miles from Leyton.

CHARLES CARPENTER . (Policeman, N 477). I found the prisoner Denby at Stratford—I asked him whew he was on Wednesday last—he said, "I was at home"—I said, "Be careful; I am a police constable; I am going to take him into custody"—he said, "What for?"—I told him for a robbery of wet linen at Leyton—he said, "I was at home on Wednesday"—he afterwards said, "I was at Leyton on Saturday last"—after that, he said he was there on Tuesday, but was at home Wednesday and Thursday—I asked him who was with him—he said, "Chitty Holbrook."

ANN MARY HALWELL . re-examined. This (produced) is the sort of line on which the things were; the other part is left on the post.

ROBERT WRIGHT . re-examined. I found these things in Mr. Charrington's park, about 8 o'clock, on 1st Oct.—the gardener told me of them, and found them just inside the park, near the walk through the churchyard—they are not all the things that were lost.

DENBY— GUILTY .

HOLBROOK— GUILTY .

(The prisoners were further charged with having been before convicted).

JOSEPH BENTON . (Policeman, K 381) I produce the certificate—(one of these certified the conviction of Henry Revell in May, 1848, of Larceny; and the other, the conviction of John Holbrook, of Larceny)—I was present at the trial of Henry Revell—Denby is the person so described—he has been getting an honest living since 1848—Holbrook is the person mentioned in the second certificate.

DENBY—GUILTY.— Confined Nine Months.

HOLBROOK—GUILTY.— Confined Twelve Months.

Before Mr. Common Serjeant.

Reference Number: t18571026-1121

1121. JOHN MURRAY (32), Unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18571026-1122

1122. EDWARD HEWLINGS (38), Stealing 5l.; also, embezzling 15l.; the moneys of William Henry Dean, his master; to which he

PLEADED GUILTY .— Confined Three Months.

(The prisoner received a good character.)

KENT CASES.

Before Mr. Recorder.

Reference Number: t18571026-1123

1123. JOHN BUTLER (16) and JOHN CROWLEY (16), Stealing 7 purses, value 5s.; the goods of Thomas Robinson: Butler having been before convicted: to which

BUTLER PLEADED GUILTY .— Confined Two Years.

CROWLEY PLEADED GUILTY .— Confined Three Months.

Reference Number: t18571026-1124

1124. WILLIAM JAMES (17) and GEORGE SHEFFARD (14) Stealing 1 shawl, value 5l.; the goods of Alfred George Kennedy.

MR. HORRY. conducted the Prosecution.

ABRAHAM HAMMOND . I am in the service of Alfred George Kennedy, of Lime Grove, Lewisham. On 5th Oct., between 10 and 11 o'clock, I was at work in the garden—from information I received, I went round to the front of the house—the front door was open—it was not open when I left it—I missed this scarf shawl from the passage (produced)—I saw some footmarks on a stone against the front door—they were not very large; like the toes—I had last seen the scarf hanging up in the hall about half an hour before—I saw two lads walking, dressed in black coats and caps—I only saw their backs—I went after them, and they ran away directly they saw me—they were a long way before me, and I lost sight of them—the prisoners are about the height of the boys I saw—I found a police officer, and told him—we went to Lewisham Bridge; near Hanover Street we met two boys—they were dressed like those I had seen in the field—they both turned round, and ran away—the officer ran after them, and we took them—I am sure the prisoners are the same persons—James said he would not go—he got hold of the policeman's leg, and threw him down—the policeman had hold of the other one—James got his coat torn down the back—they both got away—I did not see them again until they were in custody—the next morning I went into the field, and found this scarf shawl about 150 yards to the left, away from the direction in which the boys ran—it was under a hedge in a ditch—it was not in a place where people often walk—I believe there was no footpath there—it would take two or three minutes to go from the street door to where I found the scarf—when I looked out in that direction I saw two persons; I was not able to see them until they got some distance up the field, so as to be in a straight line—I could not see the shawl from the house, because of the ditch.

ELIZA COPE . I am servant to Mr. Phillips, who lives next door to Mr. Kennedy's. On 5th Oct., between 10 and 11 o'clock in the morning, I was up stairs, in the front of the house—I saw the two prisoners—they came through the Grove, from the direction of Mr. Kennedy's house—I saw them about 10 o'clock, first, coming up the Grove; they passed our door—I saw them about five or ten minutes afterwards; they then went into the fields—I saw one lying down, and the other leaning against a post—after a short time they went away towards Lewisham; James walked first, and the other walked behind him—in consequence of what I saw, I spoke to Hammond—he went into the fields where the prisoners were seen going—I know where the scarf was found—Hammond pointed it out—I saw the prisoners near there—one of them was stooping while there.

James. Q. When you saw me in the field I was leaning against the post,

was I not? A. Yes—you were doing nothing—you had something beneath your coat, under the left arm.

James. I had a nose-bag.

COURT. Q. When you first saw them, were they very near? A. Yes; they were close under my face—I was up stairs—I am sure these are the persons who were standing where the shawl was found.

JOHN TUFFERY . (Policeman, R 155). On 5th Oct. I was on duty at Lewisham—Hammond came to me—I accompanied him to Lewisham Bridge—we there met the prisoners—they turned round, and ran down Hanover Street—I overtook them—when I caught them, James asked what I wanted with him—I had them both, one in each hand—I told them they were charged with stealing a shawl at Lewisham—James said he had not been there—Sheffard stooped down, caught hold of my legs, and threw me down—James pushed my shoulders—I let Sheffard go—he went off, hat returned just as I was in the act of getting up, and seized James—his coat was torn, and he slipped away—when I charged them, they both said they had not been at Lewisham that morning—I afterwards went to the field, and Hammond pointed out where the scarf was found—there is no thoroughfare through the fields.

ALFRED JOHN CROUCH . (Policeman, R 92). On 13th Oct I was on duty at Greenwich police station—the prisoner James came to the door of the station, and said very abruptly, "What is it you want me for?"—I asked him to be kind enough to step in, and I would show him—he came in, and I produced the printed information—I asked him if he could read—he could not, and I read it to him—I told him I should take him into custody, as he was charged with stealing, in the company of George Sheflard, a scarf shawl—he said that he knew nothing about it, he had not been there at all—I asked him why he ran away from the constable when he was taken into custody—he said that he did not go away from him, but he let him go—I asked him where he had been in the interval—he said at Croydon Pair—I then locked him up—about 3 o'clock on the same day I went to Lewisham, to apprise the parties that James was in custody—when I came back, Sheffard was waiting at the station—he asked me what I wanted him for—I produced to him the printed information, and he read it—he said that he knew nothing at all about it: he was not at Lewisham—I asked him why he ran away from the constable, and he also said he did not run away, but that he let him go—he said he had been at work at different places—I then locked him up.

James's Defence. I was going up the Grove to look after my father's mules; I had a nose bag under my arm; I saw Sheffard, and I asked him to come with me, and look after the mules; I had found them there before; Sheffard sat down to do something to his shoe; I walked straight up the fields; I then went to Green, to go down to Lewisham; I never had or saw the shawl before.

Sheffard's Defence. I was at work all the week for Mr. Coleman, in the brickfields; but, being wet that day, I could do no work; James came up, and I went with him; I never saw the shawl.

JAMES— GUILTY . **— Confined Two Years.

SHEFFARD— GUILTY .— Confined One Month.

SURREY CASES.

Before Lord Chief Baron Pollock (with Mr. Baron Martin and Mr. Justice Willes).

Reference Number: t18571026-1125

1125. ANTONIO DE SALVI (29) was indicted for the wilful murder of Robert Henderson Robertson. (See page 568.)

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

(On the part of the prisoner, a plea of autrefois acquit was pleaded at the last Session, to which the Crown demurred, and the matter now came on for argument.)

MR. BODKIN. submitted that the plea was bad in point of law, as it did not aver that the crime with which the prisoner was now charged was identical with that upon which he had been previously tried; it only alleged that the cause of death was the same, which would not support the plea. It was not a necessary ingredient in murder that there should be an intent to commit that offence; murder might be committed where it was manifest the party had no such intention, as in resisting a lawful apprehension, where the only intention might be to escape, or in administering drugs to procure abortion; yet in such cases, if death ensued, the crime would be murder; and an acquittal, on a charge of wounding with intent to murder, would be no answer, in the form of the present plea, to that charge.

MR. EDWIN JAMES ., Q. C., in support of the plea, contended that the wounding with intent to murder, charged in the first Count of the former indictment, and of which the prisoner was acquitted, was in effect the same accusation as the present. It was not disputed that it arose out of the same transaction and from the same wounding. It was clearly laid dawn in Chitty's Treatise on the Criminal Law, p. 455, that it was not in all cases necessary that the two charges should be precisely the same in degree; it was sufficient that an acquittal of one would show that the defendant could not be guilty of the other. The present case fell within that principle; the wounding was the Same, the penalty was the same, death in either case. The mere fact of the death of the party wounded did not affect the question; for, although not the ordinary course, there was no reason why, if the death had occurred at the time, the prisoner should not have been tried for the very offence of wounding with intent to murder, of which he had been acquitted; nor would it have been any answer to such a proceeding to say that, because the man was dead, therefore the prisoner could not be tried on such a charge. It was analogous to the case of a party acquitted of a common assault, which he might plead in bar to any future indictment for a felonious assault, there being but one assault, and the felonious intention and the transaction being identical with the assault of which there had been a previous acquittal. As an authority for this proposition, see the Crown v. Robinson, 5 Deas and Anderson's Reports, 26l. also 5 Law Chronicle, Regina v. Walker, 2 Moody and Robinson, 446. upon these and other authorities (to be referred to), he contended that this case came within that principle of the law which declared that no man's life should be placed in jeopardy twice for the same offence.

Upon MR. SERJEANT PARRY. proceeding to address the Court on the same side, the LORD CHIEF BARON. expressed the opinion of the Court that only one Counsel could be heard. After some discussion, it was arranged that Mr. M'Mahon should conclude the argument commenced by Mr. James; but the COURT. desired that, in permitting this course, under the present circumstance,

no precedent should be drawn from it that more than one Counsel had a right to be heard.

MR. M'MAHON. apprehended that the Court would consider the case upon the record only, abstractedly of the facts. The plea stated that the prisoner was, upon a former occasion, indicted for cutting and wounding, with intent to murder, and that he was acquitted of that offence; the plea did not allude to any second Count, nor did the Crown reply that Count; he was therefore clearly acquitted of the wounding which caused the death, and the Court could take no notice of the grounds, of that acquittal; the acquittal was of the whole offence, of everything essential to be proved against him; for if it had been possible, on the facts, to convict of an unlawful wounding, the Statute enabled the Jury so to do. As to the general rule, that a party cannot be tried twice for the same offence, the learned Counsel referred to Blackstone, 2 Hale's Pleas, ch. 35 and 36; 4th Cooke, p. 40, (Darley's case), Hudson and Lee; Yaux's case, Holcroft's case Sparrow's case; 5 Cooke, p. 6l. As to case of pardon, he referred to Hale's Pleas, 426; Plowden, 401, (Cole's case); Cooper v the Hundred of Basingstoke; 7 Modern Reports; also, 2 Salkeld, 614; Holt's Reports, 638; and 2nd Raymond, 826, Hales and Pettit; Plowden, 262; Cole's case, Nicol's case; Foster's Reports, 64; and Rex v. Jenning, Russell and Ryan, 388. From these cases he urged that, if the Crown, instead of prematurely proceeding to trial before the death, had granted a general pardon of all felonies and offences, it was quite clear that the prisoner could not have been afterwards tried for the murder, and the case was exactly the same upon pardon, punishment, or acquittal. The case of Rex v. Vandercourt and Abbott, 2 East, 519, and Leech's Crown Law, 316, was very much in point; to an indictment for burglary, with intent to steal, was pleaded a former acquittal of burglary and stealing; but as, upon the first indictment, there was no proof of stealing it was held to be no bar to the second. This established the principle that unless the first indictment were such as the prisoner might have been convicted upon by proof of the facts contained in the second, an acquittal on the first indictment could be no bar to the second; and this principle was a very striking test to apply to the present case. He therefore submitted, as well upon the general principle as upon the authorities referred to, that, first, upon the ground of the pleadings, the prisoner had substantially been acquitted of this offence; and, secondly, if the pleadings were to be amended, and the Crown permitted to reply the conviction on the second Count, that, then the prisoner would be punished twice for the same offence.

The Counsel for the Crown were not called upon to reply.

THE LORD CHIEF BARON . "I believe we are all of opinion that this is not a good plea. The prisoner is, on the present occasion, indicted for murder, and murder may be committed without any intent to kill. If a man intends to maim, and causes death, and it can be made out most distinctly that he did not mean to kill, yet if he does those acts and use those means for the purpose of accomplishing that limited object, and they are calculated to produce death and death ensues, by the law of England that is murder, although the man did not mean to kill. On the former occasion the prisoner was charged with wounding, with intent to kill. The Jury found that he did not intend to kill, and there the intention was of the essence of the crime; that is not so on the present occasion; it is not necessary here to prove any intention to kill; it is only necessary to prove an intention to inflict an injury that might be dangerous to life, and that it resulted in death; that is quite sufficient to sustain the present charge. Try this by the very test which Mr. M'Mahon has presented to us; he says that it is no bar to the second indictment that a

party has been acquitted on the first, unless the facts proved on the second indictment might have produced a conviction on the first; why, a party may be convicted upon an indictment for murder, by evidence that would have no tendency to prove that there was any intent to kill; nay, by evidence that might clearly show he meant to stop short of death, and even took some means to prevent death; but if that illegal act of his produces death, that is murder. Two authorities have been cited with reference to an acquittal or a conviction in a Police Court; one of them was a case before Mr. Justice Coltman, which turned entirely upon a particular Statute (9 Geo. 4, c. 91, sec. 28); and as to the case in 5 Law Chronicle, it is evident that proceeded upon some Act applicable to Scotland; or, if it did not, I entirely dissent from the doctrine there laid down. The only suggestion that raised, for a moment, a doubt in my mind was from Mr. M'Mahon, to the effect that as acquittal of an assault with intent to kill, was an acquittal both of the assault and of the intent; but I think that is not so; the acquittal of the whole offence is not an acquittal of every part of it, it is only an acquittal of the whole; therefore the result of such an acquittal would only be, that the acts were not done with intent to kill; and although it was urged that, under a recent Act of Parliament, it was competent to the Jury to convict of unlawfully wounding, I am not sure, if the whole record had been before us, that that would have presented any sort of answer; but the record is not before us; all we have is, that the Jury acquitted the party of the wounding with intent to kill; that is the only thing we have to deal with. It appears to me, therefore, with reference to all the authorities that have been laid before us, that the two offences are not the same, that the plea cannot be supported, and that the prisoner must answer over. I am authorised to state that Mr. Justice Crompton and Mr. Baron Watson, before whom the case came at the last Session, have looked into the matter, and concur in the view now taken."

MR. BARON MARTIN . was of the same opinion. After alluding to the peculiar form of the plea, which omitted to aver the identity of the crime now charged, with that of which the prisoner had been acquitted, and which omission, in his opinion, was fatal to the plea, he referred to that portion of the argument founded upon the maxim in Hale and other authors, that no man could be tried twice for one and the same crime; that maxim presented a true criterion by which to test this question; was the crime here one and the same? now the offence for which the prisoner had been tried was one of intent, and was therefore complete the moment the stab was given; whereas, the offence for which he was now indicted, could only be consummated by the death of the party. To the mind of any lawyer, this must be deemed conclusive as against the plea, which, on the grounds already referred to, was not to be supported.

MR. JUSTICE WILLES. gave judgment to the same effect. In order to support this plea, it must be shown that the former acquittal was an acquittal of all that state of facts which might constitute the party a murderer. Now, on comparing the two indictments, it was clear that the Jury had not so acquitted him; all that was then disposed of was, that he did not wound with intent to kill; it could not be assumed that they negatived the wounding; therefore, if the wounding, coupled with circumstances not showing an intention to kill, might constitude murder, the prisoner ought now to be tried for that offence; and that this might be the case, was clearly shown by the fact, that persons inflicting wounds whilst engaged in the commission of burglary or robbery, without any intention to kill, would be guilty of murder where death ensued. The learned Judge, after noticing the various points of the argument, concluded by observing that as, in

his opinion, the same matter was not again in discussion, the demurrer must be allowed, and judgment given for the Crown.

A Jury, composed half of foreigners, was then sworn, and the prisoner was given in charge, both upon the indictment and Inquisition, for the wilful murder of Robert Henderson Robertson.

RICHARD THOMPSON . I am an attorney at law. In 1856, I was acting as attorney for the prisoner—he had not consulted me in July last—I spoke to him—I was written to by Mr. Robertson to see him—I did see him on some business—on 8th July last, I went to the Queen's Prison, with the prisoner and Mr. Gower—I had spoken to De Salvi as to an arrangement being made for the discharge of Mr. Robertson, who was at that time a prisoner in the Queen's Prison—De Salvi was one of his detaining creditors, Mr. Gower was another, and there were others—it must have been about 2 o'clock when we went to the prison—we went to Mr. Robertson's room—he was not there at the time, he came in afterwards—there was Mr. Robertson, the prisoner, Mr. Gower, and myself in the room—a conversation took place between the different parties—Mr. Robertson took his seat near the window, I was on his left hand side, the prisoner was standing about four or five, or six feet in front of Mr. Robertson, and Mr. Gower was standing a little further off—I spoke to Mr. Robertson as to his making some proposal to the prisoner and Mr. Gower for his discharge—Mr. Robertson, addressing himself to Mr. Gower, made an explanation as to a debt of 200l. to De Salvi, he said, "The 200l. is owing by a Mr. Brown, it is not my debt"—on that the prisoner said, "I let you have my money, you owe me the money"—Robertson said, "No, Brown had it"—he denied it, and then there was an angry feeling between the prisoner—he seemed vexed at his denying that he had received his 200l.—the angry feeling was expressed by the prisoner—he said, "You had my money"—I cannot recollect exactly the words used by him, but I saw that he was angry with him for denying owing him the 200l.—he repeated the denial more than once—after he had so repeated it, De Salvi got nearer to him, and I saw him strike Robertson with his right hand, placing his left hand on his shoulder, and striking with the right—Robertson was sitting in his chair at the time—he struck him on the right side, in the neck—I should think there were four or five blows given—I could not see anything in the prisoner's hand.—after the blows were struck, Mr. Robertson got forward about four feet, and went to the ground—I immediately jumped up from my seat—De Salvi left the room, and I saw that Robertson was bleeding from a cut in the temple, and I immediately took hold of him, and supported him on the ground—De Salvi left the room immediately after the blows were struck, and Mr. Gower also—I called for assistance—some one came into the room, and I said, "Stop those men"—the deceased was afterwards placed on a bed, and attended by a surgeon.

Cross-examined by MR. EDWIN JAMES., Q. C. Q. How long have you known the prisoner? A. Early in 1856 I brought several actions for him—I understand he has been a courier—he was introduced to me as a client—I understood to had saved from 900l. to 1000l. in service—I cannot tell what Robertson's occupation was—he had an office in Old Broad Street—I do not know that he carried on any business; "Mr. Robertson's office" was on the door—I understood that De Salvi had entrusted to, or lent him, 500l.—Mr. Ashley brought an action against him for 200l. odd, and I brought an action against him for 200l.—I understood that that was money advanced to him out of his savings—on 2nd July, Mr. Robertson addressed a letter to me,

requesting to see me professionally at the Queen's Prison, and I saw him on 3rd July; and he asked me to speak De Salvi about making some arrangement for him—he went with me to the prison on the 8th, in consequence of my sending to him—I saw him prior to the 8th July, and told him if he and Gower would take a sum of money from Robertson, I though I might get the matter arranged—I made an appointment with De Salvi, to accompany me to the Queen's Prison, on the 8th, with Gower, for the purpose of making some arrangement—during the conversation in the prison, it transpired that Robertson had been under some Scotch sequestration or bankruptcy—he was detained in the Queen's Bench for 200l., part of the money De Salvi had advanced to him—he denied having had the 200l., and said it was Brown's debt, not his—it was upon that that the angry feeling arose—both the parties became excited; that is, Mr. Grower and Mr. Robertson were much excited, and on Mr. Robertson addressing Mr. Gower, as "My dear sir," he said to him, "Don't call me my dear sir, call me Mr. Gower;" and he told him he had opposed him in Scotland, and he should oppose him here—he accused Robertson of fraud—Mr. Gower is the gentleman who keeps the repository in Barbican—it was on Robertson stating to De Salvi that he had not had his money that De Salvi became excited—De Salvi made use of a good many words to him, but I cannot recollect them—he charged Robertson with falsehood in stating that he had not had his money—the blows followed very shortly upon that—it wets within a very short space of time—the angry feeling continued until the blows were struck—there was no preparation, or I should have seen it.

MR. BODKIN. Q. If I understand you, the angry feeling was principally between Mr. Gower and Mr. Robertson? A. It was by both of them; Mr. Gower first stated that he had opposed him in Scotland, and he should oppose him at his meeting in the Queen's Bench, and when he went up to the Insolvent Debtors' Court—I think Robertson's words to De Salvi were "It is no debt of mine, it is Mr. Brown's," and, "Mr. Brown had your money."

CHARLES EDWARD WILDE . On 8th July last, I was a prisoner in the Queen's Bench Prison. About 2 o'clock that day, I observed the prisoner, Mr. Gower, and Mr. Thompson, go up stairs towards Mr. Robertson's room—about five or six minutes after they had gone in, I heard a scuffle, and I saw the prisoner run out of the room, and Mr. Gower after him—they ran along the corridor towards the stairs—I went immediately to Mr. Robert son's room and found him wounded and bleeding, supported by Mr. Thompson—I then followed the direction that the prisoner and Gower had taken, but did not come up with them—I returned towards Mr. Robertson's room—before I got there, I saw this knife lying down on the ground between Mr. Robertson's room and the stairs to which the prisoner and Gower had run; it is in the same state as it was then, except that there were some marks of blood upon it—I then went down stairs and found the prisoner and Mr. Gower detained—I said to the prisoner, "You are the assassin; your name is Salvi"—he made no answer, but started back in voluntarily.

JOHN WILCOX WAKEM . I am a surgeon, and attend at the Queen's Bench Prison. On the afternoon of 8th July, I was called to see Mr. Robertson, he was in his room—I found him wounded; he had one wound on the right temple, one by the side of the face, one on the right side, another over the collar bone on the right side, and one at the nape of the neck, five in all—I attended him from that day until the 22nd Aug., when he died in the prison—at that time the whole of the wounds had healed

externally—after death I made an examination—I found a portion of knife adhering to one of the vertebrae—it had transfixed the spinns process of the vertebrae and completely passed through it, the point emerging at about the anterior portion of the neck, to the extent of about a quarter of an inch—the division of the spinal marrow was the cause of death—about three-fourths of it was divided, he was entirely paralyzed on one side and partly on the other—I have here the portion of the spinal cord with the portion of knife in the position in which I found it (producing it)—it must have required very great force, indeed, to inflict that blow; the portion of bone cut through is extremely hard—I have compared the knife produced with this portion in the spine; it appears to be a portion of it.

CHARLES COLWELL . I am chief turnkey at the Queen's Bench Prison. I was on duty there, on July last, when this occurred—I took the prisoner into custody—I also detained Mr. Gower, who was with him—I placed De Salvi in a room separated by a glass door from the room in which Mr. Gower was placed—De Salvi wished to speak to Gower, and Gower refused to have any conversation with him—De Salvi on that said, "I did it; no other person had anything to do with it."

The Rt. Hon. Earl Granville; Rev. E. Goddard, Vicar of Eartham, Sussex; Richard Buckner, Esq., artist; James Lockhart, Esq., gentleman; Thomas Thomas, Hatchard's Hotel, Piccadilly; and the Rev. Dr. Manning, deposed to the prisoner's good character.

GUILTY. of Manslaughter. Fifteen Years Penal Servitude, to be concurrent with his former sentence, only commencing from the present conviction.

Before Mr. Common Serjeant.

Reference Number: t18571026-1126

1126. HENRY FOLEY HALL , Feloniously forging and uttering 3 forged orders for the payment of 5l., 2l. 12s., and 3l., with intent to defraud: to all which he

PLEADED GUILTY .

(The prisoner received a good character.)

Confined Six Months.

Before Lord Chief Baron Pollock.

Reference Number: t18571026-1127

1127. MARY ANN JONES (28), Feloniously and knowingly uttering a forged 5l. Bank of England note.

MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.

THOMAS GRAY . I am a steam engine smith, in the employment of Messrs. Moseley, of Westminster Road. On 28th July last, I was at the corner of the Tower public house, at the corner of Tower Street, Westminster Road, and saw the prisoner—I had some conversation with her—I did not know her before—two of my children were there during the time—she said she had been a governess, but was out of a situation, and that she could teach my children in the way they ought to be brought up—she asked me if they could say their prayers and their hymns, if not, she could teach them—after a little time she called me out of the house, and asked me if I was known there, and said she was not in her own neighbourhood, and she was short of cash, would I be so kind as to get her a 5l. note changed—she produced a roll of paper out of her pocket, and inside those, fifteen or sixteen pieces of paper—it was rolled up, and at last the 5l. note was produced, and I aid, "Is it a good one?"—she said, "Yes; or I would not ask you to change it"—I took it into Mr. Salisbury, the landlord, and he changed it for me, and I gave the change to the prisoner—I wrote my name on the back of the note; that (produced) is my name—we sat there, and had something to drink for some considerable time afterwards, when it was proposed for us

to go to the Victoria Theatre—I had to go by my house to go there and we went there to have some tea.

Cross-examined by MR. LILLEY. Q. At what time in the day did you first meet with the prisoner? A. It might be between 2 and 3 o'clock in the afternoon—other persons were with me—I continued drinking with her for some time prior to this happening—we were drinking with one another, and we treated one another—it might be two or three hours after the note had been changed that she left—I dare say it was as much as between three and four hours—my attention was first called to this matter after 28th July, on the 3rd or 5th Aug., I will not be sure which—I continued in her company up till nearly 12 o'clock at night—I did not find out what her calling was—I did not discover that she was what is called an unfortunate girl—I swear that—after the theatre, we went to a public house, and had some gin, and I never saw her afterwards till I saw her at the station house a fortnight ago—I am a widower with four children—two of my children were with me all the time—one is nine and the other in seven.

EDWARD SALISBURY . I keep the Tower public house, in Westminster Road. I remember changing a note for the last witness on 28th July last—I wrote my name on it two days afterwards when I paid it away—this is the note—Gray wrote his name on it.

Cross-examined. Q. You saw the prisoner there, did you, on the same occasion that Gray was there, and had the note changed? A. Yes; she was sitting in the bar in company with Gray, and two or three of his fellow workmen.

EDWARD NEWTON . (Policeman, L 76). I took the prisoner into custody on 12th Oct., in Webber Street. I told her that I wanted her for passing a forged 5l. note, at the Tower public house—she said, "If I did, I did not know it was a bad one, as I had it from a gentleman"—she lives in Granby Street, Waterloo Road—that is about one of the worst streets in London, a regular den of brothels and thieves—a woman who was not a prostitute would not be likely to be seen there—there are but two decent women there.

Cross-examined. Q. You had known her as an unfortunate girl, had you not? A. Yes; some time—there are two or three respectable persons in Granby Street; there is the public house, and the greengrocer's shop.

NOT GUILTY .

Reference Number: t18571026-1128

1128. SUSAN HUMBY (26), Feloniously and knowingly uttering a forged 10l. Bank of England note.

MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.

GEORGE THOMAS TOBY . I am a shoemaker, and live at No. 41, Wellington Street, London Bridge. On Monday, the 12th of this month, the prisoner called at my shop about 10 o'clock in the morning—she brought a written order for boots and shoes, and said she wished the goods sent to the Wandsworth Road—I asked her what name, and she gave me the name of Stevens, Cavendish Terrace, Wandsworth Road—No. 7, I think it was—I wrote that on the order—the order is not here; it was mislaid and lost—it was a ready money transaction, or supposed to be so, and of course was not filed—she said if the goods were sent that evening, the money should be returned, that they were to be sent by 6 o'clock, because they were going to open a new shop—the goods were sent that evening—the man came back, and brought back a 10l. note with the name of Stevens, Cavendish Terrace, written on it—this (produced) is the note—I thought it was a bad one, and I put my initials on it—I paid it into the bankers the

following morning the first thing—they sent it back about 11 or half past 11 o'clock that morning—I and Lock went to No. 7, Cavendish Terrace, the same morning—I found the house empty, and the people gone—I went into the house—I did not find my goods there—I afterwards went to Mr. Finch, No. 5, Gray's Buildings, Lambeth, about 3 o'clock in the afternoon, and saw the prisoner there—I gave her into custody.

Cross-examined by MR. LILLEY. Q. You found that her father lived at No. 5, Gray's Buildings, did not you? A. I did not know it was her father—I know it since then—it is in George Street, Lambeth—I told her that I wanted to see Stevens, and she then answered me that she thought Stevens would be there about half past 5 o'clock—I went at half past 5 o'clock, and there was no one in the house at all, and I went at 7 o'clock and found the prisoner there, and gave her into custody—there was no one there then—I told her she was given into custody for uttering a forged 10l. note—she said she was not aware it was a bad one—she did not say she could not read or write.

MR. GIFFARD. Q. What did she say about Stevens? A. She said she expected him there about half past 5 o'clock in the morning—she said they were going to open a new shop in Cavendish Terrace, and thought it would do very well because it was near the station.

JOHN LOCK . I am Mr. Toby's shopman. On 12th of this month I went to Cavendish Terrace with some boots and shoes—a man opened the door—the prisoner was within hearing—the man asked me what I wanted—I told him I had brought some boots and shoes—he said to the prisoner, "Here is the man with the boots and shoes"—she said, "Tell the man to walk in"—I went in, put the boots and shoes on the floor, and gave her the invoice of them—she opened the invoice—the bill was 10l. 7s. 3d.—she said that they were out—she did not mention the names, and there was only a 10l. note left, thinking what little there was over would be discount—I told her it was nett cash, no discount could be taken off, and she called in the man who was standing outside the door, and as they had no change to pay me the difference, it was agreed on that they were to call and pay the balance the first time they were passing—the prisoner spoke—I then counted out the goods on the counter, and was paid with a 10l. note by the prisoner—I did not observe where she took it from—the man was standing by the side of her, and I wished him to put his name at the back of it, and he put the name of "G. Stevens, Cavendish Terrace"—I gave that same note to my master.

Cross-examined. Q. The man was present, was he not, when the invoice was opened? A. No; he opened the door and asked me what I wanted, and I told him I had brought the boots and shoes—I put them down on the floor directly I got in the shop—the man and woman did not count them; I did myself—I did not see where the note came from—the woman gave it to me—I did not see the man give it to the woman—it was not given to the woman in my presence—the man put his name on the back of it.

JOHN WHITE . (Policeman, L 39). On Tuesday, 13th of this month, I went to No. 5, Gray's Place, Lambeth—the prisoner was given into my custody—on the road to the station, she told me that a gentleman of the name of Miller gave her husband the note, but she did not know where he lived.

Cross-examined. Q. Did not she also say, when you took her, that the man with whom she lived had put his name on the note? A. Yes; her husband, she said, and she paid it away—I did not know her before, nor her father.

JOHN LASH . I am shopman to Mr. Brier, 44, King William Street, City. On Friday, 9th Oct., the prisoner came into Mr. Brier's shop, and brought a written order for some haberdashery and hosiery—I was scarcely able to read it, and I asked her by word of mouth for her address—she gave, "Mrs. Humby, Cavendish Grove, Cavendish Square, Wandsworth Road, the corner shop"—I told her that the goods would be sent on—they came to 5l. 7s. 3d.

Cross-examined. Q. How was the order written? A. In pencil—I had not seen her before I served her—she was in the shop above an hour—she knew nothing about the goods she was purchasing; she left it to me.

JAMES JOSEPH COLTMAN . I am a warehouseman in the same employ as the last witness, and have the management of the parcels department—I sent a parcel by a porter, named William Brown, to Mrs. Humby—it was sent three times to that address; on the 9th, 10th, and 12th—on the third time, the 12th, he brought back a 5l. note in payment of the goods—I wrote, "Mrs. Humby, Cavendish Terrace, Wandsworth Road, 12, 10, 7." upon it—this (produced) is it.

WILLIAM BROWN . I am a porter in Mr. Brier's employment I took a parcel of goods on the morning of the 12th of this month—I took it once before, on the 10th, but I did not deliver it because I found no one there; the shop was closed—I took it on the 12th to Cavendish Grove, at the corner of Cavendish Terrace, Wandsworth Road—I looked in at the doorway; there were two shutters down—I saw the prisoner in there—I knocked at the door, and she came and opened it—I told her I had brought the parcel from Mr. Brier, of London Bridge, for Mrs. Humby—she said, "Come in, it is all right"—I took the bill for the goods out of my pocket, opened it, and gave it to her, and told her the amount of it, 5l. 7s. 3½d.—she opened a till underneath the counter, and took out two notes, one a 5l. and the other a 10l.—she gave me the 5l. note—I asked her whether she had not got any silver to pay the remainder—she said she had not any more money besides those two notes; the gentleman had not left her any money, but she expected him in a minute or two—I waited there half an hour or more, but found no gentleman ever came—I told her I must go; she said I must take some of the goods back to make the money balance—I looked in the parcel, and saw a dozen hose at 6s. 9d., and I took them back—the balance over was 7s. 3½d.—I selected something as near as I could to it—there was 6½d. more to come to me—I then left the shop, and brought the 6s. 9d. parcel along with me and the note, which I gave to Coltman when I got back.

Cross-examined. Q. She made no objection to your waiting? A. No; she said the gentleman would be in a few minutes.

JAMES HENRY TURNER . I keep the Globe public house, Regent Street. Lambeth. On the 8th of this month the prisoner came to my house, and asked me to oblige her with change for a 5l. note—she placed one on the counter I looked at it, and I said it was a funny looking note, and I did not like to change notes for strangers—she said, "You know me very well; we have dealt here for years; it is for my father; you may rely upon its being good for he took it at Somerset House"—I never knew what her father was; I have Known him by sight for years; I asked her name, and she said, "Finch, No. 5, Gray's Place"—I asked her to write her name and address on it; she said she could not write, would I write it for her; and I wrote, "Finch, No. 5, Gray's Place"—that is the note—I gave her four sovereigns and 1l. in silver, change.

Cross-examined. Q. You did know her father by sight? A. Yes—I have known him about the neighbourhood—I have not been in business long—I have not seen a great many Bank of England notes—it was different from the one I had—I compared the two—I do not know whether her father is in Court here—(he was here brought forward)—that is the man I mean—I afterwards saw the father—he did not say he had sent it—he said, "It is a bad job, I will make it good to you."

JOSEPH BUMSTEAD . They are all forged—the two fives are from the same plate.

JOSEPH FINCH . (examined by MR. LILLEY.). I live at No. 5, Gray's Place. I am the prisoner's father—she was formerly married to a man named Humby, who committed suicide, and that had so great an effect upon her that she was an inmate of a lunatic asylum for, I should think, about three months; and since that time she has been rather simple minded—I know a man named Stevens, and I knew that he was paying his addresses, intending to be married to my daughter, and the banns were published—after this bad job about the note, inquiries were made after Stevens, and he was not to be found—I do not know a young woman named Jordan—I know her mother—the young woman was missing at the same time as Stevens was missing—I had so much confide