CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of the Peace,
OYER AND TERMINER AND GAOL DELIVERY,
The City Of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 23rd, 1857, and following Days.
Before the Right Hon. Sir ROBERT WALTER CARDEN , Knt., M. P., Lord Major of the City of London; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Watson, Knt., one of the Barons of Her Majesty's Court of Exchequer: Sir James Duke, Bart, M. P.; and Thomas Sidney, Esq., Aldermen of the said City: Russell Gurney, Esq., Q. C., Recorder of the said City: John Carter, Esq., F.S.A.; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; Benjamin Samuel Phillips, Esq., and Thomas Gabriel, Esq., Aldermen of the said City: Thomas Chambers, Esq., Common Serjeant of the said City; and Michael Prendergast, Esq., Q.C., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 23rd, 1857.
PRESENT—The Right Hon. the LORD MAYOR; Sir JAMES DUKE, Bart., Ald., M. P.; Mr. RECORDER.; Mr. Ald. CARTER.; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the First Jury.
MR. PAYNE. conducted the Prosecution.
THERESA M'DERMOTT . I am the wife of Patrick M'Dermott, of Carter Street, Houndsditch. On Monday night, 28th Sept, about half past 7 o'clock, I was at home, going to have tea—I had occasion to go down stairs to the yard—when I was in the passage I was met by the prisoners—Mulvey said, "You old b——, I shall pay you"—I turned my head round and said, "Is it to me you are speaking?"—she up with her hand, and struck me a blow on the side of my face; I put my hand up to save myself, and she caught my thumb in her mouth and bit it through—she said, "You called my daughter a w—," which I never did—Connor said, "Give it to her, Annie, the old, diseased, rotten w—," and kicked me; they were both at me when Mulvey's daughter came forward and said, "Mother, here is something," but what it was I could not see, it was quite dark—she handed it to her mother, and I received a blow with some weapon which knocked me down, and the blood came directly—they than all three commenced beating me, and I remember no more; I did not miss my ear until I got to the London Hospital—my eyes were affected; I was bled for four days at the hospital, and cannot properly see yet—I am sure Connor kicked me when I was on the ground—my hair was pulled out by the roots, and when I got to the hospital I found part of my ear was off, and also a back tooth
out—I was a week in the hospital—I was quite sober at the time this happened.
Cross-examined by MR. RIBTON. Q. Was it a very large piece of the ear that was taken off? A. A portion of the side, and the drop where it holds my ear ring—it has not been sewn on since—I never lost my ear before; I once had an accident to it with a heavy ear ring on; it was never sewn up, some sticking plaster was put on about twelve months ago by Dr. Brown—it was not a bite, I never said it was; I fell against a chair—I might have thought it a bite at the time, I and my husband were quarrelling at the time—I told Dr. Brown I thought it was a bite—this is a lodging house; three families occupy the house—the prisoners have lived there about four months—I had not been out all the day in question, not till about half past 5 o'clock, when I went to market to buy some goods to make caps—I came home about half past seven o'clock—my husband was home before me; he had been out all day; he had been drinking—I had not, I had nothing till after the accident happened, and then I was treated to 3d. worth of brandy and a pint of ale, by Molloy, as I came from the station—I had no quarrel with my husband that night, we were never on better terms—I had no time to say anything to him, I went down stairs directly to go into the yard; I met Mulvey on the stairs—I did not push her, or touch her—they were both strangers to me, except bidding them the time of day—I never lifted my hand to her.
PATRICK M'DERMOTT . I am the husband of the last witness. I was at home on the night of 28th Sept.—I did not see the beginning of the matter, I was in my own room—I heard a voice call out, "Mack! are you going to see your wife murdered?"—I ran down and saw my wife lying in the passage, about three yards from the door, and the two prisoners by her; Mulvey had a flat iron; she struck my wife first, with what I did not know, but as she struck the second time, I caught her by the arm and took the flat iron out of her hand—it was dark; her daughter caught me by the face and tore my eyes, and tore the iron out of my hand—I saw Connor kick my wife—I was quite sober at this time; I had been drinking, but I had been two hours in my own apartment without tasting a drop of anything—I had not been quarrelling with my wife, we were the best of friends—she had not had any thing to drink that I know of, only a glass of ale that I gave her in taking her to the hospital.
Cross-examined. Q. You had been out all day, had you not? A. Yes, about three hours—I had had six glasses of ale, nothing else; I was not sober when I got home, I was sober when I went down stairs—I had seen my wife about 12 o'clock, or half past; she was then going out to the market to buy some cloth to make caps of—I went to my employ, at shoe making—I did not see her again until I was called down and saw her in the passage—she did not come up into the room, that I saw—my wife and I have sometimes had quarrels—we have been twenty-one years together, but I never sent her to the hospital; she had her ear bound up once, she fell against a chair and split it, she had on a heavy pair of ear rings—a piece of her ear was not taken off then, she was able to wear her ear ring afterwards, it was strapped up, not sewn up—she did not tell the doctor that we had had a quarrel, and that I had bitten it off—I had not had any quarrel with her on the day in question, we were the best of friends; we had had no quarrel for a month before—she does not drink; there is not a better wife or a harder working woman in London—sometimes I find fault with
her for drinking, but it is my own fault; I should like to see the female that does not take drink sometimes—she had had no drink that day.
MARY LEAREY . I have gone by the name of Mary Molloy. I lived in this house on 28th Sept., and about 8 o'clock that evening saw Mrs. M'Dermott brought out of her house by the two prisoners, by the hair of her head—Mrs. Mulvey's daughter was there—I heard Mrs. Mulvey say that Mrs. M'Dermott was a rotten, diseased w—in the streets of Dublin—she pulled her out, and she fell, and the three of them beat her as she lay on the ground; they used her shamefully, and she up got in a gore of blood—her husband lifted her up, and said, "Give my wife fair play, and she will fight anybody."
Cross-examined. Q. Did he pull off his coat to fight? A. Yes, and Mrs. Connor said that she would bring him the man to fight him, and she scratched his face with her hands—I live in service next door, but the prisoners are strangers to me—I do not know whether I am going to be married to Molloy—the first I saw of it was Mrs. M'Dermott on the ground—I heard nothing about it till a day or two after, when Mrs. Molloy and another woman called on me, and said that she had picked Mrs. M'Dermott's ear up, and showed it to me in a piece of brown paper.
PATRICK MOLLOY . I am a shoe maker, of No. 10, Gun Square, about 100 yards from Carter Street. I was in Carter Street, and saw the prisoners come into the passage—Mulvey accused Mrs. M'Dermott of calling her a dirty w—; she seized her by the hair—I tried to extricate her fingers from her hair, and she struck her several times—I called for assistance, and Mr. M'Dermott protected his wife; I then left, and saw no more till he brought her to the station, bleeding.
Cross-examined. Q. Was Mrs. M'Dermott on the ground? A. She was standing up—I did not see her on the ground—I know the last witness; I did not see her there—I have known Mrs. M'Dermott fourteen years; I heard her husband say that if they gave her fair play, she would fight any of them.
FRANCIS OWEN . I am house surgeon at the London Hospital. On 28th Sept, about 11 o'clock at night, Mrs. M'Dermott was brought to the hospital; there was a good deal of contusion about the lower part of her face, and a portion of her left ear was missing, from which blood was flowing—she was under my care till 5th Oct.—I have seen the piece of the ear, and matched it; it corresponds.
Cross-examined. Q. Was there a previous injury to the ear? A. There was a cicatrix; and if the piece was not off before, it was very nearly off; it would probably have been necessary to have sewn it—she appeared to have been drinking—her ear was bleeding, but not very much.
THOMAS BLOW . (City policeman, 616). The prisoners were given into my custody by Mr. M'Dermott, for an assault on his wife; she was in a drunken, muddled state—that was about 8 o'clock—her face was swollen and bruised—I saw no blood about her eye—she did not complain of losing her ear that night—I saw no blood—the ear was shown to me next morning; this is it (produced).
Cross-examined. Q. Did you see her in the passage? A. Yes, standing there talking—her husband was there, and they both seemed in a drunken, muddled state—she was using abusive language, and so were all of them—her husband had been drinking; he had his coat off; I did not hear him offer to fight—Connor was large in the family way at that time—I saw no marks on either of the prisoners.
MR. PAYNE. Q. Did you see Mrs. M'Dermott before the injuries were inflicted on her? A. No; when I say that she was in a drunken state, I I mean after the injuries; it was not the effect of the blows, but of drink; I know that from her appearance and her ways.
MULVEY— GUILTY. of Common Assault. — Confined One Month.
CONNOR— NOT GUILTY .
HENRY FRANCIS . I live with my mother, at No. 49, Queen's Road, Bayswater. On Monday, 2nd Nov., I was passing Miss Brown's house, and saw Tubbs in the front garden, putting his hand in at the window, which he pushed open as far as he could—I did not see what he took—Bromley was standing outside the gate—I passed the house in about an hour, and asked the servant if she had lost anything; it was about a quarter past 11 o'clock—I did not think there was anything the matter.
WILLIAM STEWART . On Monday, 2nd Nov., at half past 12 or a quarter to 1 o'clock, I saw the prisoners and another person in Holborn, walking very fast—Tubbs had a basket on his arm—I have known him nearly four years; I went down Middle Row, and turned round to Tubbs, to see whether he was the person I knew, and saw Bromley lift up Tubb's pocket, from which I saw a silver spoon or fork projecting—I followed them down Holborn Hill to Snow Hill, and through Smithfield to Bishopsgate Street, till I saw a constable; I told him what I had seen; he crossed over, and got on fifty yards; I then spoke to a sergeant, who took hold of Tubbs, and the other two made off towards Shoreditch—I saw Bromley that evening in Bishopsgate Street, and collared him—a constable took him, and told him that it was for being accessary to stealing some plate; he said, "All right."
Bromley. I did not say so; I asked what I was taken for. Witness. You said, "All right, I know about it."
ROBERT ENO . (City policeman, 94). I took Tubbs, and found on him twelve forks, a fish carver and fork, a soup ladle, ten spoons, a pair of gravy spoons, ten tea spoons, a butter knife, and a pickle fork—I asked him where he got them; he said that he found them in Cat and Mutton Fields, Hackney—he was coming, not from Hackney, but from Spitalfields Church.
THOMAS JOHNSTON . (City policeman, 663). I took Bromley, and Stewart came up, and said that he would give him into custody for being in company with Tubbs when some plate was found in his possession—he made no reply, but going to the station he said, "I know nothing about it"—the plate is worth between 8l. and 12l.
HARRIETTE WHITTER BROWN . I live at St. Peter's Place, Bayswater. On Monday, 2nd Nov., I missed some plate and a basket—this plate (produced) belongs to me and my sister; it was safe at breakfast time—the basket was found near Bayswater, and was brought back.
Tubbs's Defence. I was going round with some walnuts, and saw a piece of green baize under a wall; I found the spoons in it, and the policeman took me; I never saw the other prisoner before.
Bromley's Defence. I do not know Tubbs.
TUBBS— GUILTY .— Confined Twelve Months.
BROMLEY— GUILTY .*†— Confined Eighteen Months.
BAKER PLEADED GUILTY .— Confined Nine Months.
MICHAEL HAYDON . (City policeman). On 20th Nov. I saw the prisoners in Bishopsgate-street—I followed them from there to Cheapside—Peacock went into Mr. Burchett's shop, a jeweller's, while Baker remained outside—Peacock came out—I met Green, and we followed them to St. Paul's Churchyard—Peacock went into Mr. Smith's, a linendraper's, and came out again—she then went to Allen's, a linendraper's, in St. Paul's Churchyard—I went in by the back entrance, and saw her buying some ribbon—she then joined Baker, and they went to Mr. Spence's, another linendraper's; then to Woollett's, on Ludgate Hill—Baker remained on the opposite side—they then went to Harvey's—Peacock went in there, and came out again and joined Baker—they then went to Simpson's, in Farringdon Street—Peacock went in first, and Baker followed—they came out separately, and walked together to Finsbury—I stopped them, and said, "I have watched you for an hour"—Peacock said, "I do not know this woman; I met her for the first time now"—Baker made no reply—I requested her to produce any property she had, and she brought from her pocket eight pieces of satin ribbon, and a pair of jet bracelets—nothing was found on Peacock—neither of them had any money—at the station, Baker said, in reply to a statement made by Peacock, "I alone am guilty; I never saw you before in my life."
ALFRED GREEN . (Policeman). I accompanied Haydon, and took Peacock—she said that she did not know the other young woman; she had only stopped to ask her to come—I took her to Bow Lane, where Baker said, "I did not know this young woman before this morning."
ALFRED REID . I am assistant to Zephaniah Simpson, Nos. 49 and 50, Farringdon Street. On 20th Nov. Peacock came in for some ribbon—I showed her a box containing some—she did not buy any—these three pieces (produced) are Mr. Simpson's—they were in the box that I showed her—I did not miss them till the afternoon, when the officer brought them—they bear a private mark, which we destroy when the length is sold—they are worth 18s.
PEACOCK— GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Two Months.
MR. PHILLIPS. conducted the Prosecution.
THOMAS OGILVIE . I am a tailor, of No. 36, Worship Street. On the afternoon of Nov. 9, about 1 o'clock, I was at the corner of New Bridge Street, Ludgate Hill, a few minutes before the Lord Mayor's procession came—a rush was made towards me by several parties—the prisoner was one of them—there were three or four gentlemen at the corner of New Bridge Street, and the prisoner and two or three more made a rush at him
as he stood next to me—his coat was buttoned up, but be got it thrown right open, and I saw the prisoner draw his watch from his waistcoat pocket—I saw it distinctly in his hand, and saw the chain hanging round the gentleman's neck, in front of the waistcoat, without the watch—the prisoner passed it to one of his accomplices, and it was dropped accidentally, and picked up again—they then ran off—the prisoner ran to the opposite side of the street—I followed him, and gave him in charge, and returned with him and the constable to the gentleman, who remained in the same place—I said, "This is the party who stole your watch"—he said, "Yes"—the prisoner said, "No; I do not know you; I have never seen you before"—he opened his hand, and said, "Oh, dear, no; I have not got your watch;" and he looked up in his face as innocent as could be—I heard him give a signal to his companions; he called out, "Whoop, all right!"
Cross-examined by MR. RIBTON. Q. Was there a great crowd? A. Just on the right hand side of us there was—the gentleman was on my left, on the pavement—there was not a crowd where we stood—they rushed towards Fleet Street—there was a crowd in front of the procession, but these men were in front of the crowd—the other men pulled the prisoner by the waist away from the gentleman, to make him get the watch away—there were three or four more gentlemen standing with us, but they are in the country—I was about a couple of yards from the prisoner—I did not seize the man to whom the prisoner passed the watch, because I thought the party who stole it was of the most consequence—he was on the other side of the street when he gave the whoop—he did not know that I was after him—the gentleman told me that he had entirely given it up.
THOMAS FOWLER . I am a plumber, of High Street, Stratford. On 9th Nov., about 1 o'clock in the afternoon, I was at the corner of New Bridge Street—there was a rush towards me, occasioned by two porters bringing a large packing case, which they stood on the path, and just at that time it was announced that the procession was coming—my attention was awakened immediately, and I felt a jerk round my neck—I looked down, and saw my watch chain suspended from my waistcoat, and my watch was gone—the prisoner was immediately in front of me, breast to breast—I accused him of it—he opened his hands, felt down here, and said, "You are quite mistaken; I have not got your watch;" and I let him go—I did not observe which way he went—he was brought back shortly afterwards by Ogilvie and a policeman—it was a silver watch, and was worth 2l.
Cross-examined. Q. Were the people very close to where you were standing? A. Yes—the prisoner did not seem to have been pushed against me—he was between me and the packing case, and there were people on the right and left—the box was a regular nuisance—the first I saw of Ogilvie was when he came back with the prisoner—I have not got my watch—it is a great loss to me, as I have a large family.
SAMUEL HAMMOND . (City policeman, 342). The prisoner was given into my custody by Ogilvie—I took him to the station, and found on him two latch keys—I had seen him near the place about a quarter of an hour previously.
(He was further charged with having been before convicted, but the witness to prove his conviction did not appear.)
GUILTY .**— Confined Two Years.
PLEADED GUILTY .— To enter into his own recognizances to appear when called upon.
MARGARET REDHEAD . I am the wife of Henry Redhead. On the morning of 14th Nov., about a quarter to 12 o'clock, I was in Cheapside—as I was walking along, I felt a man's hand in my pocket; I did not see it, I felt it withdrawn—I put my hand into my pocket, and my purse was gone—I looked down, and saw the man's arm and sleeve, but not the hand—it was the prisoner's arm; he was the nearest person to me—the witness, Mr. White, was close to him; I said to him, "I have lost my purse, this man has taken it"—there were several persons passing along the street at the time, but the prisoner was quite close to me, pushing against my shoulder; I nearly caught his hand in my pocket—I had 2s. 6d. or half a crown, a 4d. piece, and some memorandums in my purse—when I told the gentleman that the prisoner had picked my pocket, he immediately ran across Cheapside; he called out, "Stop thief!" and followed him.
DAVID WHITE . I am a surveyor, at Pentonville. I was in Cheapside on this morning, and in passing the prosecutrix, she said, "That man has stolen my purse"—I saw the prisoner run from her side, I pursued him down Bow Lane, other persons preceded me, and he was stopped—I did not lose sight of him; I am sure he is the person.
Prisoner. Q. How for was it from Bow Lane that you say you ran after me? A. A very little distance; you ran from the prosecutrix across Cheapside, into Bow Lane, and there you were captured, after struggling—you turned no corner—I kept you in sight all the way.
WILLIAM MORRIS . (City policeman). Mr. White pointed out the prisoner to me, he was detained by the mob, and given into my custody—some of the people standing by said they thought he had dropped the purse down a grating—I went to the house, No. 50, Bow Lane, and the witness gave it me from the cellar.
Prisoner. I cannot say anything.
GUILTY .— Confined Six Months.
MR. LILLEY. conducted the Prosecution.
JAMES HUSBERRY . I am a tailor, and live in King Street, Covent Garden. On 11th Nov., about a quarter past 12 o'clock in the morning, I met the prisoner on Ludgate Hill; she was alone, she caught me by the arm, and asked where I was going; I said I was going home—she pressed herself very close up to me, and dragged me underneath an arch; she was talking to me all the time I was under the arch, and I felt her hands outside my breast pocket—I instantly put my hand into my pocket, and found a sovereign gone—I had received a sovereign about an hour previously, and a few shillings—the silver, 2s. 6d., was in my waistcoat pocket, the sovereign was in a purse in my breast pocket—I had felt it safe in St. Paul's Churchyard, for I unbuttoned my coat, being rather warm with walking fast; the sovereign
was gone out of the purse and the purse put back again, it was a leather purse; I have not got it here—I instantly accused the prisoner of taking the sovereign—she said she had not got the amount on her—a policeman was close at hand, and I told him the circumstances, and gave her in charge—she said, "Nonsense, you must be dreaming, I have not got such an amount on me"—on my way to the station I missed a shilling out of my waistcoat pocket.
Cross-examined by MR. LANGFORD. Q. Are you a journeyman tailor? A. No, I am a cutter—I was coming from work that I had been doing on my own account below London Bridge, Deptford or Rotherhithe—I had not been drinking, all I had taken was a little gin and water; I left Rotherhithe about half past 11 o'clock—I was only two or three yards from the arch when the prisoner spoke to me, she pulled me under the arch by the arm—I had felt the sovereign in St. Paul's Churchyard, I was feeling in my pocket for some paper—I resisted her when she pulled me under the arch, I wanted to let go her arm from mine—I told her it would suit me much better to go home to my wife than stand talking to her at that hour in the morning—she still hung on my arm—my purse was a small leather purse, I threw it away with vexation after the prisoner was locked up; I was vexed at being robbed so barefacedly—I told the policeman that I had lost a sovereign.
MR. LILLEY. Q. Did you feel her hands inside or outside your pocket? A. Inside my breast pocket.
WILLIAM BATES . (City policeman, 356). On the morning of 11th Nov., about a quarter past 12 o'clock, I was on duty on Ludgate Hill—I saw the prisoner there, and I had seen her twice before that evening, between 10 and half past 12 o'clock—she was pulling two gentlemen about—I kept my eye upon her—I saw her take hold of Mr. Husberry by the arm, and give him a turn under the arch, and hold him there; it is the entrance to Pilgrim Street—I went down the hill and up Martin's Court, and came on them at the rear up Pilgrim Street; I found them still there—I said to the prisoner, "You are out of your latitude here, I think?"—she said, "No, sir; it is all right"—I said, "I do not think it is all right;" and I said to the prosecutor, "Is there anything amiss?"—he said, "Yes, I felt her hand in my pocket, and I have lost a sovereign and a shilling"—I said, "Will you charge her with that?"—he said, "Yes;" and I took her to the station—I kept her hand confined all the way there, that she should not make away with anything—as she was standing in the station house, I saw her fumbling her hand about under her shawl—I said, "Let me see what you have got in your hand?"—she refused to do so; I took hold of her hand, forced it open, and found in it a sovereign, three sixpences, two halfpence, and a farthing—she was afterwards searched by the female searcher, who produced to me an empty purse and a latch key.
Cross-examined. Q. What was it the prosecutor said to you? A. He said, "This female has robbed me of a sovereign and a shilling; she took it out of the purse, and put the purse back again"—I swear he said that.
The prisoner's statement before the Magistrate was read as follows: "I wish you to decide it now, and not to send it for trial; I can prove I purchased a lot of things, and that sovereign was my own; I will plead guilty if you will settle it now."
NOT GUILTY .
NEW COURT.—Monday, November 23rd, 1857.
PRESENT—Mr. Ald. CARTER.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. ROBINSON. offered no evidence.
NOT GUILTY .
M'DONALD PLEADED GUILTY .
COLLINS PLEADED GUILTY .
Confined six months
PLEADED GUILTY .— Confined Six Months.
NEALE PLEADED GUILTY .
KING PLEADED GUILTY .
Confined Twelve Months.
FOX PLEADED GUILTY .
FLANAGAN PLEADED GUILTY .
Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
GEORGE TURNER . I am an engineer, and live in Berwick Street. On the morning of 10th Sept. I was returning to my home, about 1 o'clock—I was not sober—I was in Dean Street, Soho—I received a violent blow on my ear; I fell down—I had a watch on my person before, attached by a curb chain, and an appendage hanging to it—the watch was in my left hand waistcoat pocket—after I fell, I recollect that I was kicked in the side more than once—I did not see who the person was that struck me—when I got up I had not my watch on me—I saw two persons, a man and a woman; the policeman had got hold of them—this is my watch; a part of the chain is with it now—it is not in the state it was when it was round my neck; part of the chain is gone, and the seals.
Cross-examined by MR. METCALFE. Q. You got the watch back directly? A. Soon afterwards—this was in the middle of the night—I did not look
about for the watch, or for the missing portion of the chain—I did not know at that time that my watch was gone—I had 6l. in my right hand trowsers pocket, in a porte-monnaie; I knew that was safe—I received a violent blow on my ear, and fell down—when I got up I found my watch was gone.
WILLIAM DAVIS . (Policeman, C 194). I was on duty on 10th Sept., about 1 o'clock in the morning, in Macclesfield Street—I saw the prosecutor walking along, and the two prisoners following him—they were about three yards from him when I first saw them—I then saw M'Cabe strike him on the head, and he fell, and M'Cabe struck him several times on the ground—I hastened to the spot; before I could get to the spot they both ran off together—I pursued, and took them into custody—as soon as I had taken them the prosecutor came up to me, and said he had lost a gold watch and chain—I turned on my light and looked round the spot, and I saw the watch and chain picked up by a cab man—it was about twenty-five yards from where the prosecutor was knocked down.
Cross-examined. Q. Were there other persons about? A. I did not see any—I believe the cab man came down from a cab—I did not measure the distance—I was in uniform—I was twenty-six or twenty-seven yards off them when the blow was struck—I could see them; they were under a lamp—there were no other persons near at the time—the cab man came down Dean Street after I had got the two prisoners in custody.
Williams. I was in the prosecutor's company about an hour before this happened; I met him at the corner of Coventry Street.
GEORGE TURNER . re-examined. I was not in her company; I never saw her before—I came round Coventry Street, but I did not see her—I went from Coventry Street to Dean Street—I came down by Coventry Street about an hour before—I was not sober—I was not speaking to any woman; I never spoke to anybody—I did not speak to Williams and pull her about; I never saw her before—I cannot tell how she knew that I was in Coventry Street—I got what I had to drink at my friend's house, which is a little way from Coventry Street—I left there about 12 o'clock—I was an hour in getting from there to Dean Street—I cannot tell how I wasted my time.
MR. T. ATKINSON. Q. Were you seeing any one home that evening? A. Yes, I saw a lady part of the way home—it was a lady who had been at my friend's house.
JOHN WILLIAMS . I am a cab man. On the night of 10th Sept, about 1 o'clock, I picked up a gold watch—I saw a scuffle, and I saw the policeman, and I give him credit, for I never saw a man nail two people so quick in my life as he did the two prisoners—the prosecutor came up, and said, "I have lost my watch"—the policeman turned his bull's eye on, and I saw the watch, and went and picked it up.
(M'Cabe received a good character.)
M'CABE— GUILTY .— Confined Twelve Months.
WILLIAMS— GUILTY .*— Confined Eighteen Months.
OLD COURT.—Tuesday, November 24th, 1857.
Before Mr. Recorder and the Second Jury.
17. RICHARD STANLEY (17) and CHARLES DAVIS (24), Burglariously breaking and entering the dwelling house of William Chappell, at St. James's, Clerkenwell, on 3rd Nov., and stealing therein 1 watch guard chain, 9 spoons, and 1 pair of sugar tongs, value 9l.; his property: to which they both.
PLEADED GUILTY .
STANLEY— Confined Six Months.
DAVIS— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
NOT GUILTY .
20. JOHN KIKBY RICHARDS (33), Feloniously forging and uttering a request for the delivery of a cheque book; also, 3 orders for the payment of 5l., 12l. 10s., and 10l. 10s.; with intent to defraud: to all of which he
PLEADED GUILTY .— Six Years Penal Servitude.
MR. POLAND. conducted the Prosecution.
CHARLES ALDOUS . I am a sub warder of Cold Bath Fields Prison. I was on duty at a quarter to 7 o'clock on Wednesday morning, 11th Nov., in the gallery passage; my duty was to see the prisoners pass down the respective wards, and prevent them communicating with each other—I saw the prisoner leave his cell—he had his cell pot in his hand, in the usual manner—here is one of them (produced)—they are all made on one scale—as he passed by me, I took no more notice of him than I did of any of the other prisoners, neither he of me; but on passing me on my right hand side, he took the pot up in his hand as if he had nothing in it, which is a very rare occurrence, and hit me a very severe blow on my forehead: it caused me to stagger, and I was caught by several other prisoners—after striking the blow, the prisoner ran down into the yard—I have not been able to return to my duty since—he inflicted the wound which you see on my forehead—I was obliged to go to bed—I was taken up into the infirmary; I had a very severe fit through it—it bled a great deal; the blood streamed down my arm—I had reported the prisoner on the previous day—I saw him talking, and I spoke to him; he owned to laughing, but he made a laugh of it, and the second time I told him of it he said he was doing me no harm; I said, "No, but you are breaking the rules of the prison"—I reported him, and he got two days' cell and bread and water from the governor—when the blow was struck, I had my cap on, and it was cut through; the leather is four times doubled, and it cut through that, and then inflicted the blow.
Prisoner. Q. How do you know I struck you? A. I saw you pass out of your cell, and the next prisoner was five or six yards behind you; I saw you lift up the pot, and pass on at the side of me directly—I am quite sure you are the person that struck me.
HENRY WAKEFIELD . I am surgeon at Cold Bath Fields Prison. I was sent for to see Aldous; he was in the infirmary, on a bed—he had a very severe wound on the forehead, which had bled considerably—it was between two and three inches long, and it had been cut down from about a quarter to an eighth of an inch, almost to the bone—it must have been a very heavy blow—I have every reason to think that if the warder's cap had not
been on, his skull would have been fractured, or there would have been such a severe concussion that the consequences might have been fatal—I have attended him from that time to the present—he has had two threatenings of erysipelas on the scalp, in consequence of the wound—such a wound as I saw would be likely to be inflicted with this pot—I have examined it; it is bound with iron—it weighs 3 3/4 lbs., I think.
GUILTY .**— Four Years Penal Servitude. (The prisoner was stated to have been four times in custody, and to have once before assaulted one of the warders.)
MR. ROBINSON. conducted the Prosecution.
CHARLES TOWNSEND . I am twelve years old, and am employed by Messrs. Gibbs and Son, of Peterborough Court, Fleet Street, leather dressers. On Tuesday evening, Nov. 3rd, I went with Saltzman, another person in the employ of Messrs. Gibbs, with a truck, in which was a quantity of leather—we had to call at Milk Street; we stopped there, and Saltzman went into some house there, leaving me outside to mind the truck—it was just upon dark—while I was there, a boy said something to me, and afterwards Sculthorpe came up, and said, "There is a boy wants you, with a cap on;" my mate wore a cap, and I thought it was him, and I ran down the yard—I did not see my mate, and I went back again to the truck—I was not away five minutes—when I got back, I found the leather gone out of the truck—I gave information, and went and told my master—
Cross-examined by MR. SLEIGH. Q. When Sculthorpe spoke to you, did you see two or three persons standing on the other side of the Street? A. No, I saw no one.
CHARLES SMITH . I am in the service of Messrs. Gibbs and Son. In consequence of information that I had received, I went to Messrs. Summers and Isaacs, in Houndsditch, on Wednesday, the 4th—two skins were produced to me by Mr. Summers, which bore our private mark—I waited there an hour and a half, when Thorne came—I went round to some reams of paper, where he could not see me, until he advanced into the shop; I then walked round to the rear of him, took him by the arm, and said, "Where did you get that leather from?"—he gave me two or three statements in about three minutes; the pith of it was that he had been employed by some man to sell it—he said afterwards that he had been employed by a man and a boy somewhere near Petticoat Lane, to sell it; that he had been walking along with some skins under his arm, and that they accosted him, and asked him if he could sell it, or if he would buy it, and he said that he told them he could not buy it, but he would sell it for them—I asked him where they were, and he told me that two of them were outside—he took me out, and pointed me out Sculthorpe as being one of them that had employed him—I went about thirty yards before I found Sculthorpe—he was remaining with a truck—I asked him where he got the leather, and he said he had been merely employed to wheel the truck—I took him back to Summers and Isaacs, sent for a policeman, and gave them into custody—Thorne said afterwards, at the station, that if I had not been so harsh in locking him up, he would have told me everything about it, and would have given every information—he has not given any additional information to me since—there were seven dozen and nine skins stolen—I found seven dozen and one in the truck; one is still missing—the value of them is about 10l. 12s.—I recognised my marks upon them directly—I
afterwards saw six skins that were sold to Mr. Martin; the value of them was about 40s.—those also had our private mark on.
Cross-examined by MR. LEWIS. Q. Were not the words Thorne made use of, that if you had not been in such a hurry to look him up, he could have given you every information what had become of them? A. No—we had not got the six skins then—he had previously told the policeman, in my presence, about the six skins sold to Martin.
CHARLES BAKER . (City policeman, 635). On Wednesday, 4th Nov., about 7 o'clock at night, in consequence of information, I went to Messrs. Summers and Isaacs'; I there found the two prisoners, and took them into custody; I saw ninety-three skins there—I asked Thorne where he got the skins from; he said he was employed to sell them by two men and that lad—I asked Sculthorpe where he brought them from; he said he was going through Petticoat Lane that morning, he saw an old man; he asked him whether he was out of work, he said, "Yes;" he asked him whether he wanted a job, he said, "Yes;" he told him that he wanted him to drive a truck with some leather, and he said he had dragged the hides in the truck to Messrs. Summers and Isaacs'—he said the man was a stranger to him—I took him to the station house—he said he had sold the skins to Mr. Martin—I went to Mr. Martin's, and got the skins—Thorne gave me a false address—it was taken down at the station house—I have not got the memorandum here, it is at the station—he made a statement as to where he lived; I went to the place with Mr. Smith—(THE RECORDER. was of opinion that any inquiry made by the witness was not admissible; the proper mode of proof would be by calling some one from the house).
Cross-examined by MR. SLEIGH. Q. Did Sculthorpe give you his name? A. Yes, I found it correct, and the address as well—he had been living with his father and mother.
Cross-examined by MR. LEWIS. Q. When Thorne said he had obtained those goods from two men and the lad, did Sculthorpe make any observation in denial? A. He made no observation.
GEORGE MARTIN . I am a book binder, No. 80, Shoe Lane. I bought six skins of Thorne between 6 and 7 o'clock in the evening of 4th Nov.; I was to pay him 26s. for them; I paid him 12s.—I gave the skins up to the officer—Thorne is a leather dealer—I have dealt with him for about ten years.
Cross-examined by MR. LEWIS. Q. Are you in the habit of purchasing leather? A. Yes—the skins were certainly worth more than 26s., but he told me he wanted money at the time—I had not sufficient money in my pocket to pay the whole 26s.—I have never heard anything respecting his character at all.
JOSEPH DENWICK . I am warehouseman to Messrs. Gibbs and Son. I packed up the leather, and saw it taken away by Saltzman and Townsend—I have since seen, in the possession of the police, the skins that were found at Messrs. Summers and Isaacs'—they are the same skins—I have seen the six skins that were found at Mr. Martin's—they are part of the bulk.
(The prisoner's statements before the Magistrate being read, Sculthorpe stated that he knew nothing about the skins, and Thorne stated that he was
employed to sell them by Sculthorpe and two men whom he met in Petticoat Lane, on the Tuesday afternoon.) (Sculthorpe received a good character.)
SCULTHOPE— GUILTY.—Recommended to mercy. — Confined One Month.
THORNE— GUILTY .— Confined Twelve Months.
MR. POWER. conducted the Prosecution.
GEORGE SLARK . I live at No. 38, Adam Street West, Marylebone. On the morning of 29th Sept. I was walking up the Edgware Road with two friends; I met the prisoner, and asked him what time it was; he used an offensive expression—I went towards him, and he struck me with a knife; somebody caught hold of him, and when I was on the ground, having my arm bound up, he struck me on the leg with a knife; I was taken to the hospital, and was there three weeks—he was a stranger to me—he seemed sober at the station—there was a female with him—(The prisoner here handed in a written statement.)
COURT. Q. Did you strike him? A. No, I only told him that he might give me a civil answer, instead of the way in which he spoke—none of my party struck him; they were on before me, and I called out to Jefferys to come back, as he had stabbed me, and he came and caught hold of him—there was no scuffle before he struck me.
WILLIAM JEFFERYS . I live at No. 25, Adam's Mews. I was with Slark about 2 o'clock in the morning—we met the prisoner, but I was on forward, and did not see him do anything; I heard Slark call out, "He has stabbed me!" and I went back, and took hold of the prisoner.
MARTHA WEST . I live at No. 5, Adam Street West. I was with the two last witnesses—I saw no scuffle—I heard Slark ask the prisoner what time it was; he made use of very bad language, and Jefferys and I walked on; in about a minute I heard Slark call out, "Bill, he has got a knife, and has stabbed me in the arm"—I took my pocket handkerchief, and bound up the wound—I saw the prisoner fling a knife over an area, and showed the spot to a policeman—there was nothing offensive in the way Slark asked the prisoner the time.
JOHN M'GARRY . (Policeman, D 119). I was on duty in Upper Seymour Street, and heard cries in the Edgware Road—I took the prisoner, and handed him over to Joyce—in an area, which was pointed out to me, I found this blade of a knife (produced)—I found part of the handle in the prisoner's pocket; they appear to form one knife.
EDWARD JOYCE . (Policeman, D 59). The prisoner was given into my custody by M'Garry—while M'Garry had gone to the area, the prisoner said that he would give me a sovereign if I would let him go, and going to the station he said, "I did it, and I don't care if I get four years for it."
OWEN OSSIAN ROGERS . I am surgeon to St. Mary's Hospital. The prosecutor was brought there with a wound opposite the bend of the right elbow, about three and a half inches long, two inches deep, and one or two trifling wounds on the front of his left leg—he was three weeks in the hospital, and three weeks an out patient, and is not well yet; he has a slight stiffness of the arm.
Prisoner's Defence (written). I had been spending the evening with some friends, and was returning home in a quiet, peaceable manner; at the corner of the Edgware Road I passed the prosecutor, with a man and
woman, all the worse for drink; the prosecutor rudely accosted me; I passed on, and he followed me some yards, and struck me on the back of my head, which came in contact with the iron palings; I turned to defend myself, and finding that he was much stronger than myself, I was tempted to use that un-English weapon, the knife, which I shall ever regret; I most heartily express my sorrow to the prosecutor, and regret my inability to make him a suitable recompense; I was molesting no one, and had he done the same, this would never have happened; the aggression was entirely on his part.
GUILTY .*— Confined Three Years.
ISABELLA GIBBS . I am single and reside at No. 2, Little Ryder Street, in the parish of St. James, Westminster. On 4th Nov. I went to bed about a quarter past 11 o'clock—I had a gentleman lodging in the house, and he had not come home; he should have fastened the street door after he came in, but I believe he did not do so; I was awoke about a quarter past 5 o'clock, and saw a man in my bedroom standing at the drawers—I had a basket containing my plate on those drawers—I did not notice my plate basket at that moment—I moved, and the man immediately rushed out of the room—I saw his side face as he rushed out; he was a little man—I jumped out of bed and followed him along the passage to the street door—I called, "Police!" and a policeman immediately came—I then shut the door, and behind it I found my plate basket.
Cross-examined by MR. ROBINSON. Q. The policeman came to you at the door, did he? A. Yes, immediately I screamed out; he did not stop to speak to me, but ran on after the man, and as he passed I said, "That man is a thief;" he did not stop to listen to me a moment—he brought the prisoner back immediately—the door was shut when I got to it—I had to open it, the man had shut it after him as he ran out, but I was close to him, and opened it directly he shut it—my bedroom is on the ground floor, opposite the street door.
ROBERT OXER . (Policeman, C 111). On the morning of 5th Nov., about a quarter past 5 o'clock, I was on duty in Little Ryder Street, I heard some noise, and stood still and listened; I heard the bolt of a door spring back, as if some one was opening it from the inside—I went back towards it, and when I was within about five yards of the door, I saw the prisoner come out of Miss Gibbs's house, slam the door after him, and run away—as I went straight off after him, I heard the voice of a female in the passage cry, "Police!"—I followed the prisoner in Bury Street, and there apprehended him at the area railings of No. 10—I lost sight of him for about a second, just as he was turning the corner out of Little Ryder Street into Bury Street; I was about ten yards behind him, I turned sharply after him—when I turned into Bury Street he was walking; there was not a soul in the street that I saw, but him—I laid hold of his collar, and said, "I want you to go back along with me to No. 2, Little Ryder Street"—he said, "What for?"—I said, "When you get there you will ascertain what for"—I
found on him a latch key, and a pocket book—the latch key would not open Miss Gibbs's door—I took him back to Miss Gibbs, and she said, "That is the man"—he said it could not be him, for he had just come from work, it was a great mistake—I do not think he had got above a yard or so past the door of No. 10, Bury Street, when I took him; he was against the area railings when I laid hold of his collar.
Cross-examined. Q. How far were you from the house at the moment the man came out of it? A. I should think about five yards—I did not see Miss Gibbs until I went back with the prisoner—I did not see whether the door was open or not when I passed; it is the third house from the corner—the prisoner was about from fifteen to twenty yards down Bury Street when I seized him; I was running all the time—he gave me his address, as No. 19, Garden Row, Lambeth—I have ascertained that he is a furniture broker; I was directed by the Magistrate to make inquiries about him—I took a week to do so; I could hear nothing unfavourable of him.
(The prisoner received a good character.)
GUILTY .— Confined Nine Months.
MR. GIFFARD. conducted the Prosecution.
CHARLES THOMAS SHAW . I am a manufacturing jeweller, at No. 5, Dyer's Buildings, Holborn; I have manufacturing premises at Birmingham. The prisoner has been in my employment over three years—it was his duty to make sales of goods, and receive moneys for them—when he received money it was his duty first of all to enter it in a book, and give me a copy of it at the end of every month—he was either to pay the money away to my order, or remit it to me—there was an understanding that until it came to about 25l. he might retain it in his hands, and when it came to that amount, he was to remit it to me through my bankers—that was to be done once a month—the average amount that he collected monthly was from 78l. to 93l.—somewhere about 20th Oct., after something had passed between us, he furnished me with this account (produced)—it is a statement of his deficiencies up to that date—this list does not contain the three sums of 15l. 3s. 6d., 9l. 13s. 3d., and 4l. 7s.—he has never accounted to me for those sums.
Cross-examined by MR. SLEIGH. Q. Of course before you engaged the prisoner you ascertained that he had previously borne a good character? A. I did; he was first acting as clerk in my warehouse, at Birmingham, and afterwards became traveller in London—I believe he then resided at Chelsea; he acted as my agent here—I have a relation in the gold chain trade, for whom he also acted as agent—I am not aware that he acted as agent for other persons—I came to town about 20th Oct.; I had previously written to him on the subject of his accounts—when I saw him I had a conversation with him on the subject of certain moneys which he had not paid over to me, and he corrected a list which I made out—he told me he had not paid them over—that did not include the three sums in question—I asked if these had been paid, and he said they had, but had not been accounted for—he made no secret of it—I appointed to meet him on a subsequent day—I suggested that he should in the mean time endeavour to find the money to
pay me—I saw him on the Monday, and said, "What arrangement have you to propose?"—all he said was, "I have not seen my son"—I then gave him into custody—at the same time he handed me this corrected list—no particular date was fixed for the 25l. to be remitted; he was to be allowed 5l. per cent. commission beyond a certain amount, but that amount has never been realized, and therefore never claimed—I believe the prisoner has a large family—the apology he made for this matter was, that his daughter was ill, and was obliged to go into the Middlesex Hospital.
MR. GIFFARD. Q. At the time he gave you this list, did he say anything about having retained these sums as per centage, or anything of that sort? A. No—this is the list he handed to me; he went home and prepared it, and brought it to me on the Monday (By this the prisoner's deficiencies appeared to amount to 247l.)—the heading and casting up of this is mine; it extends from March to Sept. of the present year—I had not the slightest idea that he had sums of this magnitude in his hand—he regularly furnished me with the ordinary accounts from March to Sept, in the way of business—those accounts are here, none of these sums are included in them.
JAMES JOHNSON . I am a member of the firm of Johnson and Walker, wholesale jewellers, No. 89, Alderegate Street. On 18th July I paid the prisoner 9l. 13s. 3d. on account of Mr. Shaw, and took his receipt for it, which I have here.
WILLIAM JAMES BAILEY . (City policeman, 271). I took the prisoner into custody—he said he hoped Mr. Shaw would give him time to make it up, as he had promised to do so—I asked him where the account books were—he said I should find them in the cupboard in the parlour of his house, at Chelsea—I went there, and found this book with others—they are sale and account books.
MR. SHAW. re-examined. It was the prisoner's duty to make disbursements in London, to my order; not at his own discretion—he would, on my instruction, pay certain things out of what he received—the invoices came to me—I have given him credit in this book for all the money he has paid.
(MR. SLEIGH. submitted, on the authority of Reg. v. Hodgson, that there was no embezzlement in this case, the prisoner having rendered an account, and being authorised to retain the money, and that offence not being complete unless the retention was a fraudulent one, with intent to deprive the owner of the money. THE RECORDER. was of opinion that there was evidence for the Jury that the embezzlement was committed long before the 20th Oct., when the account was rendered.)
(The prisoner received a good character.)
GUILTY.—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Six Months.
MR. PLATT. conducted the Prosecution.
half past 10 o'clock—I had seen that the house was quite safe, and as I went up stairs to bed the parlour windows were both shut down and fastened—there was some sherry in a decanter on the table, the property of Mr. Charles Burton Musgrave—I had seen it before I went to bed—there was also a desk in the room, and other property there—about 2 o'clock in the morning I heard a noise on the second floor; I got out of bed, and came down stairs immediately, and opened the parlour window, and called out, "Police!"—I afterwards opened the street door to bring in Redmill, the constable—I looked round the parlour, and found that the sherry was gone out of the bottle—the desk had been removed and broken—it was whole when I went to bed—I saw Redmill bring the prisoner down stairs.
THOMAS REDMILL . (Policeman, C 114). On this night, about a quarter to 3 o'clock, I heard a cry of "Police!" from Miss Austin's house—I went there, and was admitted by her—on going up to the second floor, I found the prisoner against the window in the second floor front room—I took him into custody—he said, "I have made a d—fool of myself, drinking so much of that wine; no b—policeman would have taken me if I had not"—he then said, "But I shall not split on my two companions; I would sooner go over the herring pond myself than they should be in the mess"—the property in the room was scattered about, and a great deal of property disturbed—I took him to the station—I returned to the house, and found this screw driver; I went to the window which he had forced up in the parlour; I put the screw driver to the marks, and it corresponded—I put it by the side, not into, the marks—it corresponded where the fastening was broken off—I have the fastening here—he gained access to the house by getting over the area railing—there is an iron railing covering the area—he could stand on the top and make his way in at the parlour window—the desk was broken open, and papers were about the room—he had no boots on when I took him into custody—I afterwards found a pair in the parlour, which he wanted; I would not let him have them; he said they were his.
Prisoner. It is all false; that fellow would swear my life away.
GUILTY .**— Six Years Penal Servitude.
NEW COURT.—Tuesday, November 24th, 1857.
PRESENT—Mr. Ald. CARTER.; Mr. Ald. PHILLIPS.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Six Years Penal Servitude.
PLEADED GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
THOMAS PENN . (Policeman, S 151). I produce this certificate from Mr. Clark's office—(Read: "Central Criminal Court, Sept, 1854; Elizabeth Gilson, Convicted of uttering counterfeit coin; Confined one year")—the prisoner is the person—I was not in the Court when she pleaded guilty—I had her in custody when she was committed—she is the person.
JOHN TAVERNER . I keep the Red Lion, in Drury Lane. On the night of 13th Nov. the prisoner came for a half quartern of gin and a half quartern of rum; they came to 4 1/2 d.; she gave me a bad shilling—I detained her, and kept the shilling till the policeman came, and gave it him.
Prisoner. Q. Was I alone? A. No, there was another woman with you—I believe it was not the other woman who gave the shilling—my sister said she believed the bottle was the same that the other woman had brought before.
HANNAH GREEN . I am the wife of George Green. I searched the prisoner, and found in her mouth two bad 4d. pieces, two sixpences, and one shilling good—I gave them to the last witness—the prisoner resisted her mouth being opened very much.
Prisoner. I was just going to be discharged; the Magistrate said there was no case against me, and you got up and produced the two 4d. pieces.
Witness. I was not called the first time; I was there the second time—I gave the 4d. pieces to the officer the first night, and when I got up he gave them to me to produce.
Prisoner's Defence. I do not think the publican can tell whether it was me or the woman that was in the public house with me that put down the shilling.
COURT. to JOHN TAVERNER. Q. You detained both the women till the officer came? A. Yes—the other woman was discharged, but this one was detained.
GUILTY .— Confined Two Years.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
MICHAEL SNAPPER . I keep a shop in Red Lion Court, Spitalfields. In the afternoon of 30th Oct. the prisoner came, and asked for 1d. worth of bread and some other articles, which came to 4 1/2 d.; she paid me a shilling—I gave her the change, and she went away—I put the shilling into the till, where I had no other money—half an hour afterwards I sent a little girl to a baker's for a loaf, with that shilling; they said it was bad—it was bent when it came back—I kept it apart from all other coin till I gave it to the policeman, on 3rd Nov.—on that day the prisoner came again to my shop—my wife attended to her; I saw her in the shop.
COURT. Q. Did you mark the shilling before it was brought back? A. No, I marked it when it came back—I had noticed it before I gave it to the girl.
RACHEL LEVERSON . I am ten years old. On 30th Oct. Mr. Snapper gave me a shilling; I went to the baker's for some bread—I gave the shilling to Mrs. Fuller; she took it off the counter, and bent it, and gave it me
back—I took the same shilling back to Mr. Snapper, and gave it him—I am sure it was the same shilling.
REBECCA SNAPPER . I was in the shop on 3rd Nov.—the prisoner came for three farthings' worth of tea—she gave me a bad florin—I told her it was bad, and that she was in the shop on Friday, and gave a bad shilling—she did not say anything—I gave the shilling and the florin to the policeman.
GEORGE QUINLEY . (Policeman, H 125). I took the prisoner—she said she was an artificial flower maker, and she had been to Hoxton Square and sold some flowers to a lady, who had given her the florin—she afterwards said she was away from home for eight days, and she did not know anything about the florin, or where she got it—she said she had not given the shilling.
NOT GUILTY .
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
MARTHA HOLDERNESS . I am bar maid at the Prince of Wales, Albion Road, Hammersmith. On 16th Oct. the prisoner came, about a quarter before 8 o'clock in the evening—she asked for a half quartern of gin—I served her—it came to 2d.; she paid me a shilling—I gave her change; she went away—I put the shilling into the detector and broke it—it was bad—I had put down the change before I tried it—I called her back, and told her the shilling was bad—I tried it in her presence, and said, "This is a bad shilling"—she ran away, and took the change with her—I sent the potman after her; he came back, and could not overtake her—I saw her again on the 24th, the following Saturday, near 10 minutes to 8 o'clock—I knew her again directly—she asked for a half quartern of gin—I served her, but I went first into the parlour to tell Mr. Lee—the prisoner paid me with a shilling; I tried it in the detector, bent it, and told her it was bad, and that she had passed one the week before—she said she had never been in the house before—I am quite sure she is the same person—I gave the shilling which she gave me on that occasion to Mr. Lee—a policeman was sent for, and she was given into custody in my presence—I gave him the first shilling that I took of the prisoner—these are the two pieces.
WILLIAM LEE . I am landlord of the Prince of Wales. I was there on 24th Oct.—the last witness came to me; I went into the bar, and saw the prisoner served—she gave a shilling, which the last witness tried, and it was bad—I detained her, and gave her into custody, with the shilling.
HENRY HOARE . (Policeman, T 51). I was sent for, and the prisoner was given into my custody—this is the broken shilling and the other shilling—the prisoner said she lived somewhere, but she did not know where.
THOMAS MOBBS . I am a grocer, and live at Brook Green, Hammersmith. On Saturday, 24th Oct., the prisoner came, between 7 and 8 o'clock in the evening—she asked for half an ounce of tea; it came to 3d.—she put down a shilling; I saw it was bad—my wife took it away—I told her the shilling was bad—she said she was not aware of it, a gentleman gave it her—I told her she had been there on the Wednesday before, and given me one—she said she belonged to the unfortunate class—I kept the shilling, and let her go—my house is nearly a mile from Mr. Lee's.
Prisoner. I was in the shop on the Wednesday, and his wife went out with the shilling, and brought two sixpences.
took it from the counter, and tried it, and it bent—I found it was bad—I returned the same shilling to my husband—on the Wednesday before, the prisoner came and bought some tea; she paid with a shilling—a person was speaking to my husband, and I went next door to try to get change—the person had not got change, and she lent me sixpence—I gave the prisoner change, and I found the next morning that the shilling was bad, and my husband threw it behind the fire—the shilling was kept in the till, and there was no other silver there—I had seen the prisoner before.
Mr. Mobbs gave me this shilling.
GUILTY.— Judgment Respited.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
HENRY THOMAS CURLINE . I keep the Fox public house. On 28th Sept. the prisoner came to my house, about 8 o'clock in the evening—my barman showed me a half crown, and I found it was bad—I asked the prisoner where she got it—she said from her master—I sent for a policeman, and she was taken into custody—she had tried to get away; she left the bar, and I went and brought her back—I gave the half crown to the officer.
GEORGE EADDS . (Police sergeant, G 17). The prisoner was given into my custody, and I received this half crown from the last witness—the prisoner was taken before the Magistrate and remanded, and was discharged on 6th Oct.
JOHN WHEELER ., I keep the Queen's Head, in Whitechapel. On 29th Oct. the prisoner came to my house, between 12 and 1 o'clock in the day—I served her with a half pint of beer; she gave me a shilling; I bent it with my teeth, it was bad—I chucked it down on the counter, and said, "Go and pass your bad money somewhere else; don't come here any more"—she went away without drinking her beer—when she left I followed her—she went into Whitechapel Road, and got into company with a man about eighty yards from my house, and I saw the man put his hand into his pocket and pull out a lot of shillings; he gave her either one or two—they then went on to the White Raven—the prisoner went in there, and the man stood outside waiting—I went into the White Raven in three or four minutes, and the prisoner was standing before the bar—I said, "Why are you here again, passing your bad money?"—she made no reply, but Mrs. Kerridge, the landlady, said to me, "Do you know her?"—I said, "Yes, she left my place five or six minutes ago, trying to pass a bad shilling to me"—the prisoner made no reply—the shilling which she had uttered to me I gave her back, after bending it with my teeth.
CATHARINE KERRIDGE . I am landlady of the White Raven. On 29th Oct. the prisoner came, about 1 o'clock—I served her with 1d. worth of peppermint—she gave me in payment a shilling; I bit it in two, and I said, "I think you know this is a bad shilling"—she said she was sure she did not—I said, "I shall send for a constable, to see if you are known"—I sent my man for a constable, and while he was gone Mr. Wheeler came in—I gave the prisoner into custody, with the shilling.
GUILTY .— Confined Nine Month.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
WILLIAM VINCENT . I am a chemist, of Walham Green. The prisoner came to my shop about three weeks or a month ago; she asked for 2d. worth of barley powder—she gave me a shilling; I tried it in the detector, and broke it—I told her it was bad, gave her the pieces, and she went away—I had never seen her before—I saw her again at the Hammersmith police station, about three weeks afterwards—I have not the least doubt that she is the person.
ELIZA MITCHELL . I am barmaid at the Somerset Arms, in the Fulham Road. I was there on 4th Nov.—the prisoner came in, between 6 and 7 o'clock in the evening—I served her with half a pint of 6d. ale—it came to 1 1/2 d.—she put a Victoria shilling on the counter; I bit it, and said, "This is a bad shilling"—she said, "Is it, indeed? I did not know it"—Mr. Holford came in, and said, "You knew that shilling was bad when you came to my brother's for the milk"—I had then given her back the shilling—she said to Mr. Holford, "You are quite mistaken; I have not been anywhere for milk; I have only just this moment come out"—she paid me with a good sixpence, and left with the bad shilling.
Prisoner. You said it was some one like me, but you were not certain; I was not there at all. Witness. I said I was quite positive it was you, but I should not like to swear it—you were in the bar about two minutes—the gas was lit—I had seen you on the Friday week previous in our house.
COURT. What you said was, "I am almost positive it was her."Witness. I said I should not like to swear to her, but short of that I am positive.
JAMES HOLFORD . I am a dairyman, at Brompton. On 4th Nov. the prisoner came to my house in the evening, for half a pint of milk; it came to 1d.—I served her, and she tendered me a Victoria bad shilling—I told her it was bad; she said she was not aware of it, and she would go back to her mistress—I took her milk back, and she took her shilling, and went away—on 29th Oct. she had come for two eggs, which came to 2 1/2 d. she then tendered me a Victoria bad shilling, but I did not know it—I put it into my pocket, where I had only a sixpence and a few coppers—about an hour afterwards I found it was bad—I had not put any other money into my pocket, and am sure it was the same shilling she gave me—I took it to a public house; they tried it, and broke it, and gave me the pieces, and I threw them away—when the prisoner came on 4th Nov., my brother was there; I called him to go after her, and see where she went to.
ABEL ASH . I am a poulterer, at Walham Green. On Saturday evening, 4th Nov., the prisoner came to my shop about 5 o'clock—I served her with two black puddings; they came to 2d.—she paid me with a bad shilling; I said to her, "Where did you get this from, and have you any more?"—she said, "Why, what is the matter?"—I said the shilling was bad; she said she was not aware that it was bad—she put her hand into her pocket, and said, "I don't know that I have got any more"—she found a sixpence, and said, "You must take it out of that, my husband gave it me"—I said, "I am not satisfied with that, I want to know your name and residence"—she said, "You need not suspect me, I am a respectable person, I live close by; if you like to go to see my husband, you may"—I said, "I am quite willing to go if it is not far"—we went out together, and she then said, "It is not so very near"—I said, "I will not go any further"—I sent for a constable, and gave her into custody—I marked the shilling, and gave it to him.
WILLIAM BAKER . (Policeman, V. 16). On 14th Nov. the prisoner was given into my custody, with this shilling—I asked the prisoner where she lived, and what her name was; she said, "I am a respectable woman, and live close by"—I asked her where, and she refused to say; but after that she said, "I don't live so very near, I live at Wandsworth"—that is nearly two miles off—on the way to the station, she said, "I live in the New Road, Chelsea, I am a respectable woman;" and when at the station, she said, "I have no fixed residence"—there was nothing found on her—I asked her how she got the shilling; she said, "I don't know, except my husband gave it me in his money last night"—she said she did not know where her husband was.
Prisoner's Defence. I went into Mr. Ash's shop, not knowing the shilling was bad; the other witnesses are mistaken, I was never in their shops.
NOT GUILTY .
MESSRS BODKIN. and POLAND. conducted the Prosecution.
JAMES TYDEMAN . I am foreman to an oilman, at No. 181, Bishopsgate Street On 10th Nov. the prisoner came to the shop; I served her with some candles and some starch—she gave me, a half crown; I gave her change, and put the half crown into the till; it made a peculiar sound—I did not lose sight of it—I found it was bad—the prisoner had just left the shop—I laid the half crown on the writing desk, and it remained there all night and the next day—on the following evening the prisoner came again; I served her with some soap, some soda, and some mustard; she then gave me a florin—I recognised her again, and went round the counter, and said, "If you wait a minute, I will give you change; "I then called a constable, and gave her into custody—I accused her of being there the night before; she did not deny it, but said she did not know the half crown was bad—I gave the half crown and the florin to the constable.
WILLIAM PARNELL . (City policeman. 653). The prisoner was given into my custody—I received this florin and half crown—the prisoner stated that she lived in Hoxton Market—we made every inquiry in Hoxton Market, but could not find any one who knew her—she said she did not know the number of the house.
GUILTY .— Confined Four Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
HARRIET HOOPER . My husband keeps a baker's shop on Holborn Hill. On Wednesday evening, 4th Nov., Sheppard came at a quarter before 5 o'clock—he asked for two loaves, which I served him with—he gave me a 5s. piece; I gave him 4s. 4 1/2 d. change—while I was giving him the change, another man came in, and bought two buns; I served him, and he paid me in coppers—Sheppard tied up his bread, and left the shop—I think he and the other man went out together—I put the 5s. piece on a shelf by itself—after they left, a policeman came in, and from what he said I looked at the 5s. piece, and found it was bad; I gave it to the constable—I am sure it was the one that Sheppard gave me—I went to the station the same evening, and saw both the prisoners there—I did not see the
other man who came into the shop—I knew Sheppard was one of the men—the policeman brought both the prisoners to my shop before I went to the station.
WILLIAM SMITH . (Policeman, A. 340). On Wednesday, 4th Nov., about half past 4 o'clock in the afternoon, I saw Springfield and another man who is not in custody in Little Queen Street, and from information I followed them—they went away together, and, when opposite Day and Martin's, Sheppard joined them, and the other man passed something to Sheppard; I could not see what—they walked together down Holborn Hill until they came to a baker's shop—Sheppard went in first and spoke to Mrs. Hooper; the other two stopped at the door—the other man followed into the shop immediately—Springfield was about a yard from the door at the time—I was on the other side of the way—Sheppard and the other man remained in the shop about a minute and a half—the other came out first, and then Sheppard came out with a bundle—he touched Springfield on the left arm, and they both ran away together in the direction of Leather Lane—the other man went down Snow Hill—I went into the shop and spoke to Mrs. Hooper, who found the crown was bad—I then went to Leather Lane—I saw Sheppard walking on the left hand side, and Springfield on the right—I followed them till I saw Sheppard cross and join Springfield—they just entered into conversation, and I went up and took one in one hand, and the other in the other—I told them I charged them with passing bad money—Springfield said, "Me? I never saw that man before"—Sheppard said he knew nothing of the other man—I took them both to the baker's, and then to the station—Springfield gave his address correctly—he had lived there three or four weeks—Sheppard said he had been living at Gravesend—I found on him 4s. 7 1/2 d., the change from the bread—I found 1s. 4 1/2 d. on Springfield—the man who went down Snow Hill I have not seen since.
WILLIAM THOMAS WEBBER . I am landlord of the Running Horse, in Little Queen Street. On Wednesday, 4th Nov., Springfield and a man who is not in custody came to my house about half past 4 o'clock—the man not in custody called for a half quartern of gin, and put down a half crown—I took it up, rung it on the counter, and said, "This won't do"—Springfield said, "I thought not by the sound of it," and he pulled out 2d. and paid for the gin—the half crown was bad; I bent it—they wished me not to bend it—I said, "It is a bad one; you don't want to try to pass it; it won't matter whether it is bent or straight"—the other man said, "I can take it back to where I took it"—I said, "You can show it as well as if it was straight"—he and Springfield left, and a man in my house told a policeman, and he followed them.
The prisoners' statements were here read, as follows.—Sheppard says. "I am not guilty of any guilty knowledge." Springfield says. "I know no more of Sheppard than you; I may have met him in Holborn."
Sheppard's Defence. I had sold a lot of clothes for 12s., and the crown was part of the payment; I had no idea it was bad; on my way down Holborn I met these parties; I asked them the way to Fetter Lane; they said they were going there, and I went with them; I went to the shop and gave the crown, but had no idea it was bad; it was a wet night; any person would run such a night as that.
Springfield's Defence. I was with a man hawking, and as we came by the house he said, "Will you have a drop of gin?" I said, "Yes;" he laid down a half crown, and I said, "I don't think that is good;" the landlord
said, "I don't think it is;" we came out and came down Holborn, and this man came and said, "Is this my way to Fetter Lane?"—I said we were going that way; I came down to Fetter Lane and bid them good night; I went on to Leather Lane, and was taken.
SHEPPARD— GUILTY .— Confined Nine Months.
SPRINGFIELD— NOT GUILTY .
MESSRS. CLERK. and POLAND. conducted the Prosecution.
(The prisoner, being a Lascar, had the evidence interpreted to him.)
THOMAS WILLIAM FULTMENK . I keep a coffee house at Poplar. On 24th Oct. the prisoner came, and I served him with 1d. worth of bread—he gave me a sixpence; I gave him 5d. change—he left, and I examined the sixpence which I had put into the till—I found it was bad, and threw it on the fire—it melted readily—I am sure it was the sixpence the prisoner gave me; it was the only one I had—I saw the prisoner again on Saturday, 7th Nov.—he came and wanted to know the price of a small loaf in the window—I said, "A halfpenny"—he asked the price of a saveloy—I said, "A penny"—he bought the loaf and he gave me a sixpence—I put it into my mouth and bent it—I told him it was bad, and that he had been there a fortnight before and given me a bad one—he said, "Me no more; me no more," which I understood was that he had not been there before—I asked him if he had any more money, and he offered me a halfpenny for the price of the loaf—I asked him if he had any more money—he said, "No"—I told him I would send for a policeman, and he put his hands on each side of his face, and said that he had no mother nor father—I gave him into custody with the sixpence.
WILLIAM BUTLER . (Policeman, K. 0). I was called to the house of the last witness on the evening of 7th Nov.—I took the prisoner—I asked him if he understood English—he said, "Me no English"—I found one halfpenny in his hand, and 5d. in his pocket—I received this sixpence from the last witness.
Prisoner's Defence. I do not wish to do anything wrong; a gentleman gave it me in the street; I did not know whether it was good or bad.
GUILTY. Recommended to mercy by the Jury. — Confined Four Months.
OLD COURT.—Wednesday, November 25th, 1857.
Before Mr. Justice Coleridge and the Third Jury.
PLEADED GUILTY .— Four Years Penal Servitude.
40. JOHN MARKS (36) was indicted for that he, having been adjudged a bankrupt, feloniously did remove, conceal, and embezzle part of his personal estate, with intent to defraud his creditors; and SAMUEL MARKS (24), and ABRAHAM SIMMONS (49), were charged as accessaries, being principals in the first and second degree.
JOHN DREWETT AUSTIN . I am a messenger of the Court of Bankruptcy. I produce the proceedings in the bankruptcy of John Marks, bearing the seal of the Court—I have the petition for adjudication, dated 28th May, 1857; the affidavit verifying the petition, the adjudication, the Gazette. and the declaration of insolvency—(These being put in, it appeared that Stephen Stringer was the petitioning creditor, and that the adjudication was Dated. 28th May, and that the bankrupt was required to surrender himself on 8th June, and on. 10th July, to finish his examination.)
Cross-examined by. MR. HUDDLESTON. Q. C. (with MR. SLEIGH., for Simmons). Q. Has he passed his final examination? A. No, he has not—it has been adjourned—the last meeting was on 11th Sept.; it was adjourned to 16th Dec.
STEPHEN STRINGER . I am a coach plater and lamp maker. I have known John Marks for some years, and during that time he has been trading as a coach maker and coach builder—I am the petitioning creditor under the bankruptcy—at the time of my petition the bankrupt was indebted to me between 200l. and 300l., for goods delivered in my trade.
Cross-examined by. MR. SERJEANT BALLANTINE. (with MR. ROBINSON., for John Marks). Q. How long has he dealt with you? A. Ten or fifteen years—I have found him during that time a respectable man as far as I know—I cannot tell you the amount that he owed me in former years, but a large amount—I have taken of him, perhaps, in some years, it might be 300l. or 400l., and more in some years—he was always regular in his payments.
Cross-examined by. MR. SERJEANT PARRY. (for Samuel Marks. Q. Do you know Samuel Marks at all? A. Yes—there were dealings between him and his brother—he used to buy and sell—he dealt in just the same things as his brother—I supplied lamps, handles, and everything in my trade—I have supplied Samuel Marks with goods perhaps for ten years—he was a coach maker also—he carried on his business in Long Acre—I had not dealings to the same amount with him as with his brother—they were a great deal less—he is not indebted to me at all—I was never present at any money dealings between the two brothers, Samuel and John—I do not know anything of Samuel having advanced money to John.
Cross-examined by. MR. HUDDLESTON. Q. Did you know that Simmons was carrying on business in partnership with Samuel Marks? A. Yes.
MR. JAMES. Q. How long had you known Simmons? A. About three or four years—I never knew him before Samuel Marks got married to his daughter—it was somewhere about that time that he commenced business with him—I did not know him before he was in business with Samuel Marks.
COURT. Q. That you say was about four or five years ago? A. I am not quite certain.
STEPHEN STAIGHT . In Nov., 1856, I was manager to Messrs. Collins, ivory cutters, Charles Street, Hatton Garden; they deal in pianofortes. John Marks called upon me in that month—he said that he had sent a pianoforte, which he had bought of us, I think to Melbourne, and from the return sale of that he had an order for twelve to give me—I said twelve was a large number to order at once; but he said, from the account that he had had of the description of instrument that was wanted, he should not hesitate to
have the twelve—he said they must be ready by a certain time—he named a time—I said it was impossible for us to get them by that time, the description of instrument that he wanted—I then showed him what we had in stock, and, being nearly the same description of instrument, only some were rosewood instead of walnut, he said that they would do—I said that I could not decide then on letting him have the twelve, until I spoke to Mr. James Collins—I saw him after that, and told him that Mr. James Collins objected to taking his acceptance for the whole amount of the twelve, but if he gave satisfactory references we would take his acceptance for half, and customers' bills for the remainder—the six were delivered to him—he gave the references, one was to a house in Houndsditch, and the other to his banker, Sir Claude Scott—the six were delivered on Nov. 27th, to a man that he sent in his own van—(Molloy was here called in.—I think that is the person who came with the van, but I have no recollection of ever seeing him before or since—three were delivered the first time, I think—the van went twice with them—the other three were delivered the same day, I think—the invoice price of those six pianos was 234l.—the cases were paid for—a bill was drawn for the amount, and John Marks, after the delivery of the goods, accepted that bill—it was not paid—it fell due Aug. 23rd, 1857.
JOHN UNITE . I am a rick cloth manufacturer, in the Edgware Road. I have had business transactions with John Marks for some years—I remember seeing him about Nov. last—up to that time he had always paid me for goods with which I had supplied him—when he called in Nov., he gave me an order for goods which he said he wanted to go to Australia—I sold him goods to the amount of 400l. at different periods, between Nov. and May last—they were delivered at the bankrupt's premises, in Bell Street, Marylebone—he accepted two bills for the amount of those goods—I have got them with me—they became due in July, on the 4th and 5th July—they have never been paid—I have proved under the bankruptcy—one bill is for 119l. 0s. 9d., and the other for 282l. 12s. 7d.—John Marks came to me after the bankruptcy, one Sunday afternoon, I cannot tell how long ago; it was just after he was in charge, a few weeks after the goods were found at Ipswich—he said he wanted me to speak in favour of him—I think that was the principal of what he said; he wanted me to speak for him, and that I should not lose anything.
Cross-examined by. MR. SERJEANT BALLANTINE. Q. You had known him for some time? A. I had—he always paid me—I do not think he referred to that when he asked me to do what I could for him—he came on the Sunday, and I said I did not do business on the Sunday; I wanted to get rid of him—I do not remember the woods he used.
WILLIAM MOLLOY . I was in the service of John Marks, the bankrupt, from ten to twelve years before his bankruptcy, as foreman of his establishment, at Bell Street, Edgware Road—he had an establishment also in Long Acre, which he took about two years ago; I managed the business in Bell Street—I know Samuel Marks, his brother, and Abraham Simmons—the first time I saw Simmons was when Samuel Marks came from Melbourne—I saw Mr. Simmons in the prison, in Kingsgate Street; that was the first time I saw him—he was not carrying on any business at all—he lived at Rockingham Row, Kent Road—I cannot say what time that was; it may be two years ago, two and a half; or three years; Samuel Marks went away in 1853, and came back in about fifteen months afterwards—I went there to see Samuel Marks, and I saw Simmons with him—I know that Samuel Marks married Simmons's daughter—that might be about six or seven months
after he got out of his trouble, out of Whitecross Street—Simmons and Samuel Marks carried on business in Long Acre as coach makers—their place of business was very nearly opposite to that of John Marks—at the latter end, I think, of last Nov., I was requested by John Marks to go to Mr. Collins's with a van for some pianos—I brought away six, by John Marks's directions, from Mr. Collins's; three each time, in John Marks's van, which he had had made by a man of the name of Lee—I took them to a mews in Great Queen Street, Long Acre—there was a coach house there, where they used to put carriages in—I have seen Simmons and Samuel Marks in that coach house; they helped me unload the last three that I brought there—when I took the pianos to this coach house, I saw a man of the name of Bill. I do not know his other name, that used to work for Samuel Marks—Simmons and Samuel Marks were in the coach house while these pianos were there, and they told me I was to put them at the further end of the coach house, which I did—they remained there till I took the first load of varnish to the Eastern Counties Railway—that might be about three weeks or a fortnight after I brought them; but you will see by the Eastern Counties' Railway date, that was the day I took the first load of four pianos away by the directions of Simmons and Samuel Marks—John Marks told me that his brother Samuel wanted to see me, I went to him, and he told me he was going to get a van and horse of Mr. Bewer, a man who lets out horses and carts in Bedfordbury, and they were to go away—I took the pianos away after I had received those directions, in the van and horse—he did not tell me where to take them—he told me I was to drive over Waterloo Bridge, and Simmons and Samuel Marks would meet me over Waterloo Bridge—I started with the van and pianos, and went over Waterloo Bridge, and they met me just over the bridge, where the public house is, on the left hand side—they got up there, and instructed me to drive on—I had four pianos in the van—I turned to go along the Cornwall Road—they told me to turn round the turning, and keep on there until I got to Kent Street, in the Borough—they wanted me to stop back there, but I made some demur, and they had some conversation between each other, and I went on—they got out of the van—I turned up to Mr. Mandeville's back premises, where there is a public house at the corner—they got some man to help unload the pianos, and I stopped in the van and helped to get them out—that was the first time—I took two more pianos there by their directions, on the following Monday, and two crates of canvas—they were the pianos that had come from Messrs. Collins—it was on the Saturday that I took the four, and on the following Monday I took two, and some crates of canvas which had been bought by John Marks, of Mr. Unite, of St. Alban's Place, New Road—they did not go with me on the Monday; I was ordered to go down to St. Martin's Lane, by John Marks; he wanted to see me, and he ordered me to take them where I took the others—he asked me if I thought I could find the place out; I said, "Yes"—I saw Simmons also—he was up stairs, in Mr. Marks's room—he told me to be careful—I left those things there—I never saw Mandeville before—I never received any directions as to bringing those goods back—I had no more to do with them—I did not pack the canvas in the crates.
(MR. JAMES. now proposed to give evidence of another transaction with respect to different goods, not included in the present indictment. MR. SERJEANT PARRY. objected to such evidence being received. MR. JAMES. contended that the evidence was receivable, as it applied to goods which had been removed before the bankruptcy, and therefore could not be made the subject of any
charge; and he tendered the evidence as showing concert between the prisoners, and as bearing on the intent to defraud, upon which the Jury had to decide. MR. SERJEANT PARRY. submitted, that the intent to defraud must have reference to the particular goods charged; and that general evidence of such an intent was inadmissible. MR. HUDDLESTON. urged the same objection, and referred to Reg. v. Oddy, as establishing the principle of the objection. MR. JUSTICE COLERIDGE. was of opinion, that the evidence ought to be received.)
Q. Do you remember receiving any directions from the bankrupt John Marks to take any goods from Bell Street in a van to the Lyceum Theatre? A. Yes, in May—there were about 110 cases then at Bell Street, I should say, of harness cloths, clothes, boots, and riding saddles—I should say the value of the goods taken might be about 6, 000l. or 7, 000l.—I know some of the tradesmen from whom John Marks had bought those things—some were of Beckley and Rands, in Oxford Street; some of a Mr. Morris, some of a Mr. Solomons, some of a Mr. Williams; there were some bought of a Mr. Cox, some of a Mr. Lundy, and some of Messrs. Wilkinson and Kidd, the army saddlers, of Oxford Street—I first was told to take them to the Adelphi, and afterwards I was given instructions to go to the Lyceum Theatre—I commenced moving those things in May—John Marks and Samuel Marks, and Simmons, helped me load the first load—Samuel Marks sent his man up next morning with a horse, and I helped put the horse in the van, but I was not to say anything to his man, and of course I did not; I put the horse in, and I met him and Mr. Simmons—it was about 7 o'clock when I met them the first morning—Mr. Simmons was the first person to come, and Mr. Samuel Marks the next—Simmons came with a pair of morning slippers on, and he drove the horse and ran away, and Mr. Samuel Marks took me to a coffee shop, and kept me there some time—I did not know at that time where Simmons had driven the van with the goods to—from some suspicion I had, I employed two men, named Richardson and Young, to watch where they drove the van to—I took about eight van loads of goods from the bankrupt's premises to the Lyceum Theatres—the value of the cases, as near to I can guess, was about 7, 000l.—I never knew myself to what place in London the van with those goods was driven; I never saw the van, but I went with William Young, on Sunday, to Wool Quay, and there saw one of the packages with the direction turned over, directed to Ipswich—I there identified one of the cases that I had driven in the van from Bell Street; it had three pairs of wheels in it—I knew it again—in consequence of some information which was conveyed to me, I sent Young down to Ipswich; I did not go there myself—when I took the goods from Bell Street, Paddington, to drive them to the Lyceum Theatre, they were not directed, only numbered in rotation—I wrote on them outside, in pencil mark, what the cases were; sometimes Mr. Samuel Marks used to come and put it down in a book, No. 1 contains such an article, and Mr. Lee used to come up stairs, and help me mark them, and plane the writing off—there was no address—I remember the bankruptcy of John Marks happening on 28th May—before the bankruptcy, John Marks told me I was to go and get shaved, and put on my coat, and go along with him; I did not put on my coat; I put on a jacket, and went with him—he told me I had no business to send the man Young down to Ipswich; I denied it to John Marks, but he took a cab. with me, and in the cab. he questioned me about it, and I still denied it—he took me in the cab. to Bernard Street; that is the residence of Samuel Marks; the first I saw there was Samuel Marks, then I afterwards saw Simmons, and we
went up stairs into Mr. Samuel Marks's back drawing room—John Marks said, in the presence of the three, that he would not have me forfeit my word for 500l.; they were all talking to me, and I said I could not answer all three at one time; if they put any questions to me singly, I would answer—Mr. Simmons said, "What have I done to you? had you not sent Young down, we should have been all gentlemen"—I did not learn, until the Saturday night, that anything had happened at Ipswich; when I saw Mrs. Simmons in the cab. with the crimson curtain drawn down; I waited till John Marks came down, and he told the cab. an to drive to the Surrey Theatre; he told me that he had had a telegraphic message from Ipswich, that Samuel Marks and Simmons were locked up, and they would not take bail for them—I saw Samuel Marks on Friday, 29th May, at his house, in Bernard Street—I never saw the goods again that I removed to Ipswich—I know a person of the name of Forsdick, who lives near Reigate—I have seen him there—I was down there with Simmons—he is a game keeper, and has a small cottage and a barn about two miles from the station—Simmons took me down there on Friday, June 5th—that was after the bankruptcy—I went in a dog cart; I met him the other side of Kennington Gate; he had brought Harriet Jones with him—he asked me to go down with him to remove those goods that were in the barn, for the man belonging to the barn had sent a letter stating, I believe, that if he did not remove the goods, he would throw the barn gates open immediately—when we went down, Simmons pointed the barn out to me—we went on to Mr. Forsdick's house, and slept there that night, and had supper, and I returned with him on the Saturday morning—I saw pianos, iron bedsteads, cloths, riding saddles, harness saddle rugs and clothes, in the barn—I had seen them before—I met Simmons and Samuel Marks sometimes in Trinity Square, and sometimes at a public house called the World turned Upside Down—I had taken those goods from Bell Street on a four-wheeled truck to that place, and Simmons and Samuel Marks together took them into the South-eastern Railway—I had given them sometimes into Simmons's, and sometimes into Samuel Marks's care—I had never taken them to any railway or place by which they might have left London—I identified the cases that I saw in the barn at Reigate as those I had removed from Bell Street, and given into the care of Simmons and Samuel Marks—I had a plane, to plane the numbers off them—Simmons, and Samuel Marks, and John Marks, had given me directions as to that—one of them had bought a plane for that purpose—Simmons had it in the dog cart, and it was done up; I thought it was a bar of soap—I could identify those goods, as having removed them—I had commenced removing them from Bell Street in January, 1856 or 1857, and giving them in their care—there were ninety-four large packing cases for exportation—the goods that were there might be worth 8, 000l. or 9, 000l.—I did not remove them all in January—I removed them at different times—Simmons wanted me to stop at Reigate, but I told him I should not stop then, I wanted to go to Brighton—I returned with him; he wanted to put me down this side of Waterloo Bridge; I would not; he drove me over, and he said, "It does not look well to see you with me; you must go up to Samuel Marks's house, and be careful how you go up there"—I received directions to go down to Reigate from Samuel Marks, John Marks, and Simmons, and they told me to be very careful how I removed those goods—I was to go down to get the goods away from the barn—I went to Brighton on Saturday night by the 8 o'clock train, and I returned by the express, which I was not
aware did not stop at Reigate—got out, and got into the Parliamentary; and when I got to Reigate, I met a Mr. Liddell there—the directions given to me were to plane all the numbers off, and mark them "C" and a diamond, and send the goods on to the Bricklayers' Arms, from Mr. Forsdick to Mr. Coleman, left till called for—I took the cards off that were on the packages, and left them in the barn—these (produced.) are the cards which I took off—I took those off in the barn where the goods were—they had not those cards on when they left Bell Street—some of these are in Simmons's handwriting, the others are in Samuel Marks's—when I left the packages at the World turned Upside Down, and gave them into Simmons's and Marks's care, they had no address on them—having taken the addresses off the various ninety-four cases in the barn, I went to a Mr. Burrell, a carrier, at Reigate, and made arrangements with him to remove the cases—when I got to Reigate, Harriet Jones was down there, and told me something—I got Burrell, the carrier, to take them down to the railway station, and forward them to Reading by the cross line—goods go that way to Liverpool by the Great Western—saw the whole ninety-four cases so sent; they were addressed from Coleman to Coleman, Coburg Dock, Liverpool, left till called for—I left them there to be sent to Liverpool—I came to town that night, and went to see John Marks—he began swearing at me, and asked if anybody had seen me—I said, "Yes, Mr. Liddell"—he said, "I know that"—he told me I was not to stop there, that he had been examined at the Bankruptcy Court, and had sworn that he did not know where I was; and if they knew that I had had an interview with him, they would take him up for perjury—he told me to go to his brother's house, which I did—I took a cab. from the Yorkshire Stingo to Russell Square, got out there, and discharged the cab. and walked on to Samuel Marks's house, and slept there that night—that was the night after I came from Reigate—I saw Samuel Marks and Simmons next morning at Samuel Marks's house—I told them what I had done, and gave Samuel Marks the receipts of the railway for the goods—there were some things at my place, and they told me to get a horse and cart, and remove them away that night, for the officers of the Bankruptcy Court were going to search my house, and if the thing were found there it would hurt them; this was on Friday, 12th June—before I went down to Reigate, they told me that if I was seen by anybody, I was to tell them that I was removing the goods for the benefit of the creditors; they might get hold of the goods, but they were not to get hold of me, I was to escape if I could—on Saturday, 13th June, I received directions from Samuel Marks to go to Cambridge; Simmons and John Marks were present—I was to have 20l. at first, but they afterwards gave me 10l.—Samuel Marks gave me the money—I was to go to Mr. Brown, a shoe maker, at Barnwell, which is about a mile from Cambridge, and I was to tell Brown that I had come down to pack up the things that he had got—I did not see any quantity of goods there that night, I did the next morning; I saw the varnish, the black japan, and the gold size; it was all loose—I had to go and buy a lot of timber—I bought three different lots of timber, and had a carpenter named Bradbury to make the cases.
ALFRED MANDEVILLE . I am a rope maker, and carry on business at No. 101, Kent Street, Borough. I have known Simmons seven or eight years—he was a publican when I first knew him, and had a house next to the Surrey Theatre, called the Surrey Coal Hole—in Nov., 1856, he came to me and asked me if I would oblige him by minding some goods for a friend of his for about six months—I said I would do so if it would oblige him—he said the party bought them of a man that was in want of money, and he said he
would satisfy me for the warehouse room—I remember the goods being brought over—they were in a van, I think—Molloy was the party that came with them, and Samuel Marks—I do not think Simmons came with them—I did not see Simmons while the goods were being brought—I am not positive, I was very busy that evening; I took the goods in—they came twice—I do not know what the goods were—they were packed in wooden cases—I have seen pianofortes packed for exportation—they were like those—I saw Simmons about five months after the goods were deposited with me—I am not satisfied whether he said he would pay for the warehouse room or the party—he said, "You shall be paid"—I think he drove up to my door—he gave me a ticket for the Surrey Theatre—the goods remained with me till Monday, 17th Aug—a day or two before the goods were removed, Samuel Marks came to my place, and said he should call in a day or two and take his goods away—he did not say anything about a van then—he came again on Monday, 17th Aug., and said he had been trying to get a van, and he could not; did I know any one about the neighbourhood that could—I had got one—I said I had nothing for my horse and cart to do that day; if he liked to pay me, I could take the goods away for him—he said that would do very well—my man drove the goods away with my horse in this van; I do not know where he went to—two or three days afterwards Samuel Marks and Simmons came to my place—Marks said, in Simmons's presence, that he had heard there had been some parties at my place concerning the goods that were left in my care—he said he was very sorry that I had been inconvenienced, but that he had bought the goods and paid for them honestly—I do not know exactly what I said—Simmons did not say anything—I think he was sitting in the chaise, and Marks came to me and spoke—the messengers and officers from, the Bankruptcy Court came there the day after the goods went away—when Marks alluded to my having got into trouble, that had reference to the Bankruptcy officers having been—Marks told me that they had bought them of a party that was in want of money, and he wanted a place to put the goods in to oblige a friend—I have not seen them since.
CHARLES CHETTLEBORO . I am in the employment of Mr. Mandeville. In Aug. last I received instructions from Samuel Marks to cart some cases to his place in Queen Street, Lincoln's Inn—there were five crates and cases—I took them from Mr. Mandeville's to a mews in Queen Street—the cases were something in the shape of pianofortes—the day after I had removed them, the officers from the Bankruptcy Court came and searched my master's premises.
GEORGE BEWER . I am a carman, carrying on business at Bedfordbury, Covent Garden—I have been in the habit of supplying horses and carts to John and Samuel Marks for some time past. On Saturday, 13th Dec., I lent a horse to Samuel Marks, and on the Monday following I lent him a horse and van—my man did not go with it—it is a usual thing, but Mr. Marks never had my man—on 18th Aug. I let two horses to Samuel Marks—there was also a horse and cart let that day to him—no man went with it.
HENRY LANGLEY . I am a shipping foreman in the London Docks. I have an entry on 17th Aug. of six cases containing pianos, shipped in the name of George Thompson, jun., and Co., shipping brokers, marked C in a diamond—those goods were shipped on the 18th, which I have a receipt for—it appears by this entry that we had a receiving order for thirteen.
Hackney Road, and asked whether I would ship some goods—I wanted to know the reason, and he said he wished to take his wife to Ramsgate, as she had been very bad, and it would cause him a deal of trouble to come up and down, and if I would ship them for him he would be obliged to me; consequently I did so—he took me to Messrs. Capper and Woolley, of Fenchurch Street, and instructed me to make arrangements with them for ninety-four cases of goods to Liverpool—I was directed to go down to Reading to see if the goods had been forwarded on to Liverpool—when I got there I did not find the goods, or get any information about them——I afterwards went to Liverpool, and saw on the jetty a number of cases, which I understood were the ninety-four cases I had gone about—they were marked with a diamond and C in the centre—a man was employed to take care of them until they were shipped for Australia—I did not employ him—they were shipped in the Boanerges. for Sydney—I gave directions for them to be shipped—I have not heard of them since—I got the bills of lading and sent them to Samuel Marks—(David Harris, managing clerk to Messrs. Wilkinson and Stevens, solicitors to the prosecution, proved the service of a notice on each of the prisoners, and also on their attorneys, to produce these bills of lading and other documents.—they were bills of lading of musical instruments, saddlery, and general merchandise—no value was specified to my knowledge—I sent them from Liverpool to Samuel Marks through the post—I afterwards saw him—I may have said, "I suppose you got the bills of lading all right?" but I really cannot recollect—he did not tell me that he had not received them—I never received directions from him distinctly about shipping pianos; they were always for musical instruments—I saw Messrs. Thompson and Co. about shipping some—I cannot say whether it was in Aug. he requested me to effect a policy of insurance on them—I did not do so—I saw Mr. Thompson or one of his clerks—I think it was one of the clerks at first; I saw Mr. Thompson afterwards—Samuel Marks did not go with me when I went to ship them; he went with me afterwards—there was an embargo laid on the bills of lading by the assignees—he wished to know from Mr. Thompson the reason why the bills of lading were not sent—he thought it rather strange that they should not be delivered when the goods were properly shipped—Mr. Thompson told him that he had received a notice from the solicitors of the assignees of John Marks, and he had got a letter to indemnify him, and therefore he could not give them up without their sanction—I afterwards attended, with Mr. Wilkinson, the solicitor, at Messrs. Thompson's offices, and endorsed the bills of lading to the assignees—this (produced.) is one of the bills of lading—here is my writing at the back.
Cross-examined by. MR. SERJEANT PARRY. Q. As regards these packages, you do not know of your own knowledge what they contained? A. No; I never saw the contents of any package—I know nothing more than the instructions I received—I was told they contained such and such articles, and that was what I told Mr. Thompson—I do not know John Marks; I never saw him—I know nothing of any dealings between him and Samuel.
MR. JAMES. Q. Who was it told you what those packages contained? A. Samuel Marks—I knew nothing at all about them except what he told me—I had no interest in it, and made no inquiry—these (produced.) are the written directions I gave Mr. Thompson—they are called pianos here I see; it escaped my memory—they are marked C in a diamond—I wrote this from instructions I received from Samuel Marks.
Helen's. In Aug. last Mr. Coleman left these written instructions with my clerk—they are described here as seven cases of harness—I made arrangements for their being shipped by the Walter Hood for Sydney—one of Messrs. Wilkinson's clerks afterwards called on us and informed us that they had reason to believe the goods were shipped fraudulently—I had not then delivered the bills of lading to Coleman—I had never known anything of Coleman before—after receiving this notice, he and Mr. Marks called on me and asked why we would not give them the bills of lading; and on our mentioning that they had been arrested in our hands, they said it was very strange, and they could not understand it, and left to take the opinion of their solicitor on it.
GEORGE MOORE . I am a solicitor, and an agent for my cousin, the Rev. Mr. Moore, of Great Bealing, in Suffolk. On 22nd April I received this letter (produced.—I afterwards saw the prisoner Simmons on the subject of it at Woodbridge—he came to hire a house at Great Bealing—he referred to this letter—he wished to go and look at the house—he went on 24th April; he returned and said he would hire it, and give 70l. a year—something was said about references, and he said he would pay the 70l. in advance—he afterwards sent 77l., which was agreed on—he passed in the name of Alfred Smith—I have the draft agreement which was made between us—it was sent up to him, and returned signed "Alfred Smith"—the word "Alfred" is written "Ab. red" as if the "Ab. had been written in mistake—from circumstances that afterwards occurred, I saw him, and refused to allow him to have the house—I allowed him to retain possession for three days—I returned him the rent all but 18l. 5s.—Samuel Marks was with him when I saw him at Woodbridge—Simmons introduced him to me as his brother—I saw him once afterwards at Ipswich; that was after I had refused to allow Simmons possession of the house—I also saw him at the time I refused possession; that was at Woodbridge—they were both present; and Samuel Marks said I had no right to interfere in their private conduct.
COURT. Q. In this agreement Alfred Smith is described as of "46, Chandos Street, Covent Garden, London;" where did you get that information from? A. From his own letter—(Letter read. "Sir,—Will you be kind enough to forward the full particulars of the house advertised in the Times. of to-day.—Yours, A. Smith. 31st April, 1857. 46, Chandos Street, Covent Garden."
RICHARD FRANCIS JENNINGS . I am a solicitor at Ipswich. On Friday evening, 22nd May, I was consulted by Mr. Beckley and Mr. Brown, who were creditors of John Marks—I went with them to Mr. Paul's warehouse at Ipswich, and saw a large quantity of goods—in consequence of information a warrant was obtained by the superintendent at Ipswich, upon which Simmons and Samuel Marks were taken into custody—I saw sixty, seventy, or eighty cases of goods there; I forget the exact quantity; there was a large warehouse full of them—the prisoners were taken before a magistrate on the Saturday, and remanded till the Wednesday, when the case against them was withdrawn in consequence of an arrangement—I only knew Simmons by the name of Abraham Simmons at that time—on the Wednesday morning that the case was to have been heard, John Marks and his attorney, Mr. Solomons, called on me at my office—on the night the other prisoners were taken, or when they were remanded, Simmons stated, "The goods belong to John Marks, who is a respectable coach builder in the Acre; he bought them, and paid for them, and if he is
telegraphed for, he will come down and satisfy you that they belong to him, and that we are innocent parties, and ought not to be here"—he also said, when before the Magistrate, that the goods were brought down to Ipswich for sale, to be turned into money at John Marks's request—on the Wednesday morning there was a declaration of insolvency, which was the act of Bankruptcy—I came up on the Wednesday night, and John Marks was made a bankrupt on the Thursday morning—at the time the declaration was signed, John Marks also made an assignment for the benefit of his creditors, to enable us to take possession of the goods immediately—we then went before the Magistrate—I explained the matter to the creditors present, and stated, that as the goods were given up to them, and John Marks had signed a declaration of insolvency, we wished to withdraw the case, to which the Magistrate consented, and they were discharged—I then took the three prisoners into the adjoining room, the Grand Jury room, and Mr. Solomons and two or three other parties came with them—I said to Simmons and Samuel Marks, "I think you ought to know upon what terms you have been discharged"—I then told them that John Marks, to save them, as they were innocent parties (Marks had used those words), had made an assignment for the benefit of his creditors of all his effects, and had also made a declaration of insolvency—I was going on to put a question to them about some other goods, but Simmons or Samuel Marks interrupted me by saying that the van and two horses belonged to Simmons; they were not the bankrupt's—there was a van and two horses, and a well bred mare that Simmons had been riding about the country on—I did not observe what name was on the van—Samuel Marks said, "The van and two horses belong to me and Simmons, and the blood mare to Simmons"—I then said to them, "It is your duty to tell me if you know of any other goods which have been secreted, or in any way belong to John Marks. I have been told you have sent some other goods to Norwich; have you done so?"—Simmons said, "We have not sent any goods to Norwich or anywhere else, and we have no other goods but these"—Samuel Marks said, "Quite so; this is all we have;" and John Marks added, "They cannot have done so; this is the whole lot"—I came up to London that same evening, and the Commission was opened next morning—I saw Samuel Marks at the Bankruptcy Court, and I think I saw Simmons, I will not say actually in the Court room, but in the building.
COURT. A. Whereabouts is Woodbridge with reference to Ipswich? A. About seven miles further down the coast from London—you get there by coach from Ipswich, or by water.
PETER SKIFFARD . I am warehouseman to Mr. Paul, of Ipswich. I remember a number of cases coming in May last, and after that two gentlemen, whom I believe to be Simmons and Samuel Marks, came—Marks came into the warehouse, and asked me if there were any goods lying there, and whether he could see them—I got the cases, and he saw the goods—as we walked up the warehouse, he asked me, if he paid, could the goods lie there such a thing as twelve months—I said it rested entirely with my governor, Mr. Paul, but it was not usual for goods to lie there that length of time—I opened the doors to give light to the warehouse, and he said, "They are all right, and lie well"—they were afterwards taken away in a van.
JOHN GREEN CHAMBERLAIN . I am a merchant, at Wivenhoe, near Colchester. On Monday, 20th May, Simmons and Samuel Marks called upon me—they asked my son if I had any warehouses to let, and he told them that he believed I had; in consequence of which, I saw them—I did not know
their names then—they both spoke to me, and they went and looked at them, and agreed to take them—I do not know that any particular name was given the first time, but afterwards Simmons gave the name of "George Green, 46, Chandos Street"—an agreement was signed by Simmons in the name of George Green—I have a copy of it here; I have not got the one which was signed—after it was signed it was given up to Simmons—the date of the agreement was 21st May—when the warehouse was taken, I asked particularly what kind of goods were to be deposited there, because I thought there might be some gunpowder; and they said, "Cases and crates, and there might be some carriages"—they told me that they were goods intended to be sent to Australia, but the markets there were very bad—the rent was paid the same day, without my asking for it—I have not seen either of them from that day until the present time.
BENNET FORSDICK . I am a gamekeeper to Mr. John Morris, of Perry Vale, Forest Hill, and reside at King's Wood, near Reigate. I have known Simmons ever since about last Jan. or Feb.—I know Samuel Marks—I did not know John Marks until I saw him in Court—in the spring of this year Simmons came down to my cottage—I cannot say to two or three weeks when I first saw him there, but it was some time about Jan. or March—he wanted me to take in some furniture, to take care of it for about eight months—I showed him a little room in my house, and I said I had got two empty attics up stairs where he could stow away a few things—he said, very well, he should send them; and, after about a fortnight or three weeks, a letter came to me—he came down again after I had the first parcel of things—the things were too many for me to take them—I took my pony and cart to fetch the few things I expected; when I got there, there were twenty-five packages, something like that, more or less—I came back with my pony and cart, and met Mr. Burrell coming with his carts and horses, and I asked him to go down and fetch them, and I would pay him for bringing them up; and he said he would—afterwards a large number of cases of goods came from time to time—there were about twenty-five at first—I cannot tell how many came altogether—I put them into an empty barn—Simmons and Samuel Marks came down to see the goods in the barn—Marks said to me, talking to Simmons at the same time, that it was a very nice place, and it was very convenient, and he should like to engage it for eight or twelve months—the goods remained there until Whitsuntide week—I know Molloy—he came down with Simmons to my place, with a horse and chaise, or dog cart—in consequence of something I had heard, my wife wrote a letter to Simmons, to tell him to come and take the goods away the next day, or I should open the barn doors and expose them; and he and Molloy came down the next day, and the goods were taken away—somebody that they employed in the place superintended the goods being taken away; I never went nigh the place at all—they remained, I should think, three or four days till the goods were taken away—Burrell, the carrier, fetched them there, and fetched them away as well—I never saw anything of Simmons, or Samuel Marks, after the goods had been taken away.
ROBERT BUNCE . I am the station master at the Reigate station—I have the entries here of a number of packages coming down consigned to Forsdick—I knew Forsdick lived at King's Wood—I knew him as a gamekeeper
in the neighbourhood—there were ninety-four packages altogether—I sent ninety-four away on the 11th, received from Forsdick, consigned to Coleman, at Liverpool.
WILLIAM WHITMORE . I am the official assignee under John Marks's estate. After the bankruptcy, I was in the habit of seeing John Marks occasionally for several months—he came to me as a bankrupt attending at my office—I asked him questions about giving up all his property the second time I saw him, I think, at my office; the first time, I think, he was not well, and wished to go away; it was the second time he came that I particularly asked him with regard to his property—I think that was between Monday, 8th June, and the following Saturday, 14th; I think it was that week—I have seen him at other times, but I never charged him so distinctly at any other time as I did that first week as to his property—I charged him particularly to tell me whether or no there was any other property of which he was possessed, of which I had no knowledge, that was not included in his house in Bell Street, and in Long Acre, and the property he had at Ipswich—he told me that he had none—he never told me of any other property.
Cross-examined by. MR. SERJEANT PARRY. Q. Did Samuel Marks make a claim against the estate for 600l., money lent to his brother? A. He made a claim against the estate; I forget for what amount—I cannot say how much it was; I have it down here as a disputed claim of Samuel Marks of 760l. for goods and cash—I remember his claiming some carriages that were in the possession of the bankrupt—there was also a claim on the estate of 1, 600l. on some mortgage property; I forget whether that was a claim of Samuel Marks, or of Simmons; it might be a joint claim (referring to the proceedings.; it appears to be a joint claim—the accounts that appear on the proceedings were made up by the accountant to the assignees.
MR. JAMES. Q. Have those claims ever been investigated? A. Not to the full, I think—I think they have never attempted to prove.
JOSIAH WILKINSON . I am a member of the firm of Wilkinson and Stevens, solicitors, conducting this prosecution. I do not recollect exactly when the prisoners were given into custody; I think it was some time in Sept. last—Samuel Marks and Simmons have never attempted to prove a debt, they have made a claim—the cash deficiency in the bankrupt's account is 3, 924l.—that is the result of the accounts, which I have investigated carefully.
MR. SERJEANT BALLANTINE. Q. He has not passed his last examination? A. He has not—the accounts have been completed by the accountant of the assignees, Messrs. Butler and Canning, and I have verified them upon the foundation of the books, and vouchers, and the statements made by the bankrupt himself—I believe the books and vouchers are here.
MR. JAMES. Q. Then the result of your examination of the bankrupt's books and vouchers shows a deficiency of how much? A. 3, 924l. 10s., and the deficiency of goods purchased and not accounted for, is 6, 588l. 10s. 4d., and 6, 629l. 17s. 9d., on two different accounts—that is as the accounts stood up to 7th Sept., when he was given into custody.
Cross-examined by. MR. SERJEANT BALLANTINE. Q. I do not understand as to these two sums; do you mean that there were no assets to represent that amount? A. I mean that, upon carefully going through the invoices of the goods and the debts proved by the several creditors, and comparing them with the goods realized under the estate, there was a deficiency of those two amounts—the goods realized 4, 800l. under the estate—that was under a forced sale, that is, an ordinary sale by auction; they were not sold at an
enormously diminished value; the goods which were purchased for 6, 562l. 12s. realized 4, 800l., after deducting the expenses of sale; without deducting the expenses of sale, they realized more than 5, 000l.—I ascertained the cash deficiency of 3, 926l. from the cash book, the check books, the various items in the cash account, and the vouchers—by a cash deficiency I mean that the books do not account for it, nor has he given any explanation of it—I find by the books that he has had it, and I also find by the books that he has not disposed of it.
MR. JAMES. Q. How much of the 4, 800l. which the goods realized, consisted of the goods seized at Ipswich? A. I cannot tell exactly, but I should think nearly 4, 000l. of that sum.
MR. SERJEANT BALLANTINE. submitted, that by this indictment, founded on the. 251st sect, of. 12 & 13 Vict., c. 106, three distinct offences were charged; it was usual to have separate Counts for removal, concealment, and embezzlement; here they were all combined in one Count, and he submitted that the prosecution should be called upon to elect upon which charge it was intended to rely. MR. JUSTICE COLERIDGE. was of opinion, that before the prosecution could be called upon to elect, it must be shown that some inconvenience was suffered by the defendants; here no real difficulty could occur, it was not that two or three different charges were made, but different modes of stating the same thing, and it would be for the Jury to say whether the evidence brought the offence within either of those modes of charge. MR. SERJEANT PARRT. contended, on behalf of Samuel Marks, that there was no case for the Jury as against him; the evidence, if believed, clearly made out that he was a principal, and if so, he could not be convicted as an accessary before the fact; see Hales' Pleas of the Crown, p. 615, and Reg. v. Pearce and others, Sess. Paper, Vol. 15, page. 387; he further contended, that no person but a bankrupt could commit the principal felony here charged, that the section in question applied only to a bankrupt, for in the. 209th sect, the word "person" was used in contradistinction to the word "bankrupt," and, with that exception, the whole statute related merely to bankrupts and creditors, and contemplated no other class; and if any other person did such acts as in an ordinary felony would make him a principal, that would prevent his being liable as an accessary before the fact; further, that it was proved that the bankrupt had not passed his last examination, and the case of Rex v. Waller went to show, that until he had, he had a locus penitentize, and could not be indicted for a criminal offence. MR. HUDDLESTON. (for Simmons. relied upon the same objection; if the legislature had contemplated any other person than a bankrupt being guilty of this offence, they would have stated so in express terms, and used the words "if any person," instead of, "any bankrupt;" in the case of concealing the birth, the words of the statute were, "if any woman shall conceal," etc., and there was an express section to enable a man to be convicted as an accessary to that offence; he also relied strongly upon the objection, that until the bankrupt had passed his last examination, the felony was not complete within the meaning of the statute, and although the case of Rex v. Waller had been partially overruled by a case in the Exchequer, it was not overruled in such a way as to disentitle it to consideration. MR. EDWIN JAMES. with respect to the first objection. (that being the only one which the Court called upon him to answer., contended, that by 4th Geo. 4, an accessary before the fact might be indicted and convicted either before or after the conviction of the principal; therefore, accessaries to a statutable felony might be convicted as principals; the. 11 & 12 Vict., c. 46, sect. 1, regulated the pleadings; the indictment proceeded upon that statute; it alleged that the prisoners were accessaries before the fact, and therefore liable
to be indicted as felons, and the statute enabled them to be indicted as accessaries, charging them as principals in the first degree. MR. GIFFARD. was heard on the same side. MR. SERJEANT PARRY. in reply, stated that what he contended was, that no person but a bankrupt could be a principal under this section, and that if another person, with a full knowledge of the bankrupt's fraudulent purpose, received goods from him and disposed of them, that person could not be an offender within the meaning of this statute; that the evidence here showed the parties to be principals, and that where a party became a principal in a felony, he could not be convicted as an accessary, because that accessorial act was rather an act of the mind than a physical act. MR. JUSTICE COLERIDGE. (with MR. BARON WATSON. did not feel at all impressed with the second and third objections, but with regard to the first, it was a matter that it might be right to consider; at present they were not convinced that the objection stood on a good footing, but in so grave a case, if the result rendered it necessary, it should be reserved.
(Several witnesses deposed to the good character of John and Samuel Marks.)
JOHN MARKS— GUILTY .
SAMUEL MARKS— GUILTY .
SIMMONS— GUILTY .
Eight Years Penal Servitude.
(There were other indictments against the prisoners, which were postponed until the decision on the point reserved.)
NEW COURT.—Wednesday, November 25th, 1857.
PRESENT—Mr. RECORDER. Mr. Ald. HALE. and Mr. Ald. GABRIEL.
Before Mr. Recorder and the Fifth Jury.
41. GEORGE ROUSE (49), Burglary in the dwelling house of Henry Charles Fox, and stealing 1 set of harness and other articles, value 20l. his property; having been before convicted of felony: to which he
PLEADED GUILTY .— Confined Nine Months.
STYLES PLEADED GUILTY .— Confined Twelve Months.
MARSDEN PLEADED GUILTY .— Confined Four Months.
MR. COOPER. conducted the Prosecution.
CHARLOTTE HOUGHTON . I resided with Mrs. Sarah Parker from 23rd May last—she at that time lived at No. 8, Old Manor Street, Chelsea—she had 40l. a year to live on, I believe—she received that from the Royal Exchange, but she had the rent of No. 16, Sloane Street—I remember the prisoner coming to her; I and Mrs. Parker were present—I think it was 28th or 29th May, but I know the advertisement was 27th May—when the prisoner came he asked which was Mrs. Parker, and of course she answered—he said he had seen an advertisement in the Times. and he should be happy to undertake her business—she replied she should be happy to put it into the hands of any respectable solicitor—he said, "I will undertake it for you, and carry it through, and all expenses will amount to 60s." she said, "Then undertake it certainly; I am a very poor woman, I can't
afford to pay much"—he said it would be the first and last expense; 30s. was given him then, and 30s. on the day following—she stated that she was the widow of Christopher Shepherd Parker, and her brother, Mr. Neagus, had drawn out of the bank 80, 000l. of her property, and her sister, Susan Branch, 20, 000l. for her daughter Sarah to go to Australia, and previous to that, 15, 000l. to pay her husband's debts, and that her husband's nephew, the Rev. Mr. Close, had come and taken out some, and all she had left was 180, 000l. in the Bank, the Roebuck tavern, and two houses in Dowgate Hill—the prisoner said, "In that case, you are a person of large property?"—she said, "Yes"—he said, "I can get it for you, and will do so immediately, but I must have money to serve writs on different parties"—he asked if there was a will—she said yes, but it was at Messrs. Seton and Nicholson's, in the Adelphi—she produced her husband's father's will—she said that she had had three children—he said, "Then the property has been willed to your children?"—she said they had all been poisoned—he appeared to make notes; he was constantly writing all that Mrs. Parker stated—she said, "Now you can proceed, of course"—he said, "No, I cannot without money"—she said, "How much?"—he said, "2l. "—this was not at the first interview, it was the second or third—the first time he came he stated his name to be Jervis, but he did not say where he resided—he said he had both a town and country house, and kept a carriage—he said, "I am a solicitor"—I think that was very nearly all that passed the first time—the second time he came for the remainder of the money—he said he was going to Merton or Morden, to search for the registers of the deaths of those children—Mrs. Parker gave him the money, and he said he should go on the following day—during that second visit it was stated about the 80, 000l. and the 20, 000l.—I remember his coming in July; I do not remember on what day—he then wished to have more money, for the purpose of going down to Bury—Mrs. Parker said to him, "There are very few lawyers or solicitors of the name of Jervis; are you related to Sir John Jervis?"—he said, "Oh, yes, I am the son of Sir John Jervis"—she said, "Have you any brothers or sisters?"—he answered, "I have a sister"—she said, "Is she married or single?"—he said, "She is married to the Turkish ambassador"—Mrs. Parker said, "I thought you were some great man, you bear the stamp of it;" and, turning to me, she said, "Do you not think so, my dear?"—I said, "I must beg to differ in opinion with you"—I then turned to him, and said, "I have many times asked you for your address; you told me you had a town and country house, and kept a carriage; will you favour me with your card?"—he said, "Unfortunately, I came out without my card"—I said, "Then will you favour me with your country or town address, and I will put it down on paper"—he answered, "This is quite irrelevant to the point, and it is not customary to question solicitors"—he said he was a solicitor of forty years' standing—I asked him, if he kept a carriage, if he would occasionally give me a ride—he said he would be happy to do that—at that time he required 50s., to go down to Bury—Mrs. Parker said, "I cannot give it you, I have but 2l.; but I have no doubt my friend here" (pointing to myself) "will accommodate you with the other 10s. "—he had 50s., and he left immediately on receiving it—he said that he had filed a bill in Chancery; that was before he received the money—he said the business was going on, and Mrs. Parker would receive 10l. on the Saturday, which he would bring her, and that she would receive 10l. a month till the case was concluded—I remember his coming again after that—that was in
Oct.—at one time he received 1l., but I cannot tell the date—before he received that 1l. he stated that he had been down to Bury, and he had seen Mrs. Parker's brother, and had served him with a writ, and that her brother must come up; he said it was highly necessary—he inquired the state of Mrs. Parker's mind when she was absent one morning; I cannot recollect the time—on several occasions he called when she was absent, but waited till her return—he received altogether upwards of 18l.
Prisoner. Q. How soon did you first see me after 23rd May? A. The advertisement was inserted on 27th May; you replied to it, and called immediately after—I wrote the advertisement, and Mrs. Parker herself inserted it—this paper (Looking at one. is my writing—I had never seen you when I wrote this—when you called you gave your address, No. 62, Newman Street—you had written a letter, and given your address—that letter was received, I have no doubt, by Mrs. Parker—I mean to persist in saying that you came up stairs, and said, "Which of you ladies is Mrs. Parker?"—most decidedly you did so—you might have seen Mrs. Parker previously, and left your address; she saw many persons—when you first came, Mrs. Parker did not answer the door and begin to introduce you to me—I did not interrupt her by getting up and stating, "In short, Mr. Jervis, I am the wife of a solicitor, and I have written the advertisement, and I mean to act as her friend in the matter, as she has been greatly robbed"—you stated that you called to know whether she could make out anything, and what she could show you—she produced the probate of her husband's father's will—you looked at some of the other papers, and premised to call on the following day.
Q. On the following day, 1st June, did I call and read that probate over to you? A. All I can say is, that I got so weary of it that I went to sleep—the first time you had 30s. from Mrs. Parker, and 30s. the next—you said you would carry it through for the sum of 60s.—Mrs. Parker told you she had three children, most decidedly, and you asked me if it was true—you said, on reading the probate, "Then it will go to your husband's children," and she said, "Yes, I know that; I have had three children;" and you asked whether they were living, or, if dead, where they were buried.
Q. Did she not give me instructions to go to search for their burials and baptisms at St. Martin's in the Fields, at Merton, and at Morden, and was not money given for that purpose? A. Money was given—I believe you came the next day, and said you had searched Morden and Mitchan, and advised that Doctors' Commons should be searched, and you went with Mrs. Parker to Doctors' Commons—you were constantly coming for money, stating it was for this and for that—I believe you told Mrs. Parker that you could only interfere with one thing at a time, and you would only go at first under the will of her husband's father—my husband is not a solicitor, he is a law stationer—I cannot tell you where he resides; I do not reside with him—for the last three years I have resided with Mrs. Parker—I did not separate from my husband; there has never been any separation—he leaves me, and returns when he has what he calls his spree.—I have not seen him for three years, but we parted very good friends—he does not maintain me now—I summoned him before a Magistrate, and the consequence was he was compelled to maintain me—Mrs. Parker said she had 180, 000l. in the funds, and that her brother had sold out 80, 000l., and her sister had sold out 20, 000l. for her daughter to go to Australia, and 15, 000l. to pay her husband's debts—I never went out with you and Mrs.
Parker, but down to the Roebuck—we met you at the station, and she said, "I have brought my sick friend with me; as she is ill, and it is so fine a day, I think a ride will do her good"—we went to Buckhurst Hill—I heard something of the people at the Roebuck directing you to Mr. Jury—I went to the Roebuck with Mrs. Parker when you were not there—I lodged with Mrs. Parker from 25th May till Oct.—I was invited on a visit—I paid her 7s. a week—you asked me one morning the state of Mrs. Parker's mind—I mentioned about a child by George IV., and four children by the Duke of Wellington. (The deposition of the witness was here put in and read.)
Q. Did you ever receive a letter from the Duke of Wellington? A. Yes, when I was eighteen or nineteen years of age—you told me you were going to throw up the case, and when Mrs. Parker came in you said it was a good case—you said so most decidedly—I asked for your card; you told me your letters were to be addressed to Newman Street—you said you kept your carriage—you said that Sir John Jervis was your father, and your sister was married to the Turkish ambassador—you said both in answer to questions—I have not known you to wait two or three hours for an omnibus—I know Mrs. Parker received the rent of her house in Sloane Street—she said you bore the stamp of being a great man—I have been with Mrs. Parker to the City—I told Mr. Ingram I could not state on oath when the 50s. was paid till I referred to my friend, and I find you received it on 11th Aug.—the signatures at the bottom of these sheets of paper are my handwriting—by direction of Mrs. Parker, I signed Sarah Parker at the bottom—I did not read it; you did—I do not know whether you left it two days to be read—it might be two weeks for what I know—in all probability it was—I suppose you read it yourself—Mrs. Parker said to me, "I approve of that; my dear, I will trouble you to sign it." (This purported to be a statement by Mrs. Parker of property to which she was entitled, and particulars relating to her family.)
Q. You talk of the service of writs; was it not the service of notices? A. You called them writs—I signed many—I did not read them all—I glanced over several—I never saw Mrs. Parker pay you any money except at Manor Street—she did not pay you 2l. at Buckhurst Hill—most decidedly not.
Q. Did she not come and put the two sovereigns on the table before me, and did you not see it, and tell me to take them up? A. At the Rein Deer that might have been, not at the Roebuck—she went to the Rein Deer to pay money, but what I do not know—I was there, she paid you something, I cannot say what she paid you—you did not say before persons had a bill filed it was necessary to know what it was about, and she had better give the proper notice to know what it was, nor did I say it was perfectly correct—I signed some of the notices by Mrs. Parker's request—there were one or two which I did not approve of—you left some one night, and I kept them till the next day—I do not recollect receiving a letter by post on 11th Aug. (looking at one.—I recollect receiving this envelope—but this other paper was not enclosed in it—I positively swear that I could not enclose it in it—the signatures to all these sheets are mine—I do not know when I signed it (This purported to be a statement by Mrs. Parker, that large sums to which she was entitled had been withdrawn from the bank by her nephew, George Neagus, her brother, and other parties.—I persist in stating that you told her you had filed the bill—I did not read these papers that I signed—you read them over, but I had not time to listen—you stated that the way
was fair, everything was right, that she would have 10l. a month, and 10l. the next Saturday—I do not know whether you told Mrs. Parker that if she would make an affidavit that she was not worth 5l. in the world, besides her wearing apparel, after the payment of her just debts, that the Court of Chancery would assign her a solicitor—I do not know whether you showed her a petition—this is my writing to this paper (This was a petition of Mrs. Parker to the Court of Chancery, applying for permission to plead. in forma pauperis)—this paper might have been left with me two or three days before it was signed—I do not recollect—I have heard you say to Mrs. Parker, "My dear madam"—I recollect going with her to Newman Street, to see a piece of writing—you did not put her to any expense for refreshment; you refused to take any refreshment with her.
Q. Were you in custody for being tipsy on 30th Aug? A. So it was stated—"I dined with Mrs. Parker that day—I really cannot recollect whether she prepared a shoulder of lamb for me, or whether I went out after dinner—I went out on that day, if it was 30th Aug.—I do not know whether I am bound to answer whether I got drunk, but I would say, "No"—I was taken up by the police, by Mrs. Parker's direction—I found myself in custody, and I said I knew not why I was there—I should say I was not in liquor—Mrs. Parker certainly came and got me out—I was not often tipsy when with her, not if she treated me—I was not often tipsy there, most decidedly not—I was not tipsy when I kept the papers all night—I was able to sign them, but I did not choose to sign them that night—I was not always more anxious to know about Mrs. Parker's business than she was herself—I did not always give the instructions; certainly not, only when she directed me—she keeps ardent spirits by her, and wine—she locks them up, and her tea and sugar, and other things—it was stated about her being mad before you produced a letter from her brother, on 16th Aug.—I did not say I could prove to the contrary, and offer to leave the house and go to a neighbour, and fetch the doctor who was attending on her; most decidedly not—she and I had a quarrel, which generally began in consequence of her referring to my husband—she used to market for herself, and she was under no restraint—I was her lodger, but she did everything as housekeeper—she kept house, and did as other people do—she did not talk as other people do—this letter (looking at one. is my writing—I recollect your coming perfectly.
Q. Did I tell Mrs. Parker that I had come in answer to your letter, to tell her I had not filed her bill at present, but I should want to see her probate again first? A. What passed before I entered the parlour I cannot tell—when I entered, her niece came in immediately afterwards—I am not aware whether you asked Mrs. Parker for money—the first that was stated was, "They come to interrupt our business"—her niece said she had searched and found that you were no attorney, and there was no bill filed—you did not tell her there would be one filed—you distinctly told her the bill was filed—I am positive of it—the niece did not call her aunt a liar, and tell her she had had no children, nor did I get the doctor's bill and receipt to prove that she was not crazy—I did not say I was sorry that the niece had conducted herself in such a way, and say that I was afraid to go down into the kitchen to her—the niece said, "If I have insulted the gentleman, I beg his pardon;" and she laid a stress upon the if.—you said you were an attorney, and you had a client very near, for whom you had done business for many years—you never said anything about having a clerk—I was not
in the house on 31st Oct., I was then an inmate of the Cancer Hospital—I was admitted there on 27th Oct.
MR. COOPER. Q. You were taken once by the police; were you tipsy on that occasion? A. Mrs. Parker asserted that I was, but most assuredly I was not—I never gave instructions for those papers which have been read.
GEORGE NEAGUS . I live at No. 45, London Road, Southwark. I was in the service of the Rev. Mr. Oaks, of Bury St. Edmunds; I had been living with him some time—I left him in consequence of a letter received by that gentleman; I came to London—I saw the prisoner at my aunt's, Mrs. Sarah Parker's—she was residing then at Battersea—I went to my aunt's at 1 o'clock, and the prisoner came at 3 o'clock in the afternoon—I was present when he came—he asked my aunt who I was—she told him I was her nephew, and he went on telling me that he was the son of Sir John Jervis, that his father lived at No. 47, Eaton Square, that he had a town and country house, and his sister married the Turkish ambassador, that he kept his carriage, that he was an attorney, and that he could not only act in one Court, but in all the Courts, as a solicitor—he asked my aunt to fetch him the probate of her husband's father's will, and he began reading it—my aunt asked him why he had not come before—he said he had filed the bill in Chancery, and he had been taken up all day in selling the Man in the Moon public house—he said he had sold it for 12, 000l.—when my aunt went up stairs to get the probate of the will, he said to me, "She is cracky. all her relations say that she is; what do you think?"—I said, "She never has been right"—when my aunt brought down the probate, he read it all over, and told her she would come into possession of money, and he would bring her 1, 000l. in a week's time—she complained that that was very little, and he said in a few weeks after he should bring her 10, 000l.—after he had been there some time, he said the bill was not filed, his time had been so taken up with the Lord Chancellor—he told me to stay with my aunt, and not to leave her, as she was coming into a great deal of money, and I was to have 8, 000l. a year and a title—he made an appointment to come at 6 o'clock on the following Tuesday, to bring the bills for me to read over to them, to let me see that he was about filing them—he said he had had a great deal of trouble.
Prisoner. Q. Who opened the gate when I came to the house? A. I cannot say; I did not—you did not tell my aunt that you came to know what she wanted—you did not tell her you wished to have the probate to correct her two statements—you asked for the probate after you said that you had filed the bill.
Q. Did I say one word about my being the son of Sir John Jervis, or the 8, 000l. a year, or any one part of it? A. Yes, you did—you did make an appointment to come on the Tuesday, at a quarter before 6 o'clock, and bring the two statements, that I might read them to her before anything else was done—that was after you had said that you had not filed the bill—you at first said that you had filed the bill—you said my aunt would come into money, and she would keep her carriage—I recollect your coming on Tuesday, 3rd Nov.—my aunt and I, and the servant, were there—you said you had brought the two statements for me to read over to my aunt—my aunt looked it over, and read a sheet of it—you invited yourself to tea—I did not hear you refuse to take tea, because you had somebody waiting for you in a cab.—you said you had some one waiting for you—my aunt did not send me to fetch that person in—I did not come in and say, "That woman
is dead"—I said the cab was stopped, and when you went down I gave you into custody—I did not go back to my aunt, and beg and pray of her to give me a glass of gin—the first time you were at my aunt's I came out with you, and walked to the bridge, and after I came out you said I was coming into a great deal of money and a title—there was a woman with you—I never made any inquiry for you in Newman Street.
MARY ANN GRIST . I am a niece of Mrs. Parker, and was staying with her at No. 5, Denbigh Terrace, Battersea. I saw the defendant at my aunt's, at Battersea, on 29th Sept.—my aunt came out of the kitchen at the same time that I let him in—he went into the front parlour with my aunt, and she shut the door—I went into the back parlour, where I can distinctly hear what passes in the front parlour—I heard the prisoner say—to my aunt, "My dear madam, I have had a trouble to find you; who do you think is in town?"—she said she did not know—he said, "Your brother; and I have sent one of my clerks down to him to say that I could not see him without I have my fee"—he said, "You know, my dear madam, I cannot give up my time unless I am paid for it"—he said, "Have you made your will?"—she said, "Why?"—he said, "If not, your family will take your property"—she said, "No, not one farthing"—I then knocked at the door twice; it was not opened, and I thought it my duty to walk in—he said, "My dear madam, who is this woman that interrupts our business?"—I said, "I am her niece, and I come to protect her, and you come to extort money from her"—he said, "It is false, it is my intention to file a bill in Chancery on Friday next"—I said, "If you do, I shall then consider it no better than swindling, as no respectable man would take the case in hand"—I told him she never had a child in her life, and there was no money—he said, "It is false, there is plenty of money," and he then said, "I am in a condition to prove that you are in league with your uncle to rob her, and you have drawn large sums of money from the Bank"—I told him I had never drawn a farthing in my life—he said that was to be proved—he then said, "My dear madam, I have been so taken up with the Lord Chancellor concerning this business, that I had not time to come before"—I said it was false, as I had been with her to several gentlemen concerning this property, and I asked him who and what he was—he said he was a respectable solicitor, residing at No. 62, Newman Street, Oxford Street—he then pulled a paper out of his pocket, and said, "Can you Read?"—I said, "No, Sir, not that"—he then asked Mrs. Houghton to put her bonnet on, and go down the road with him, as he had a client waiting for him—I forbade it, and wished to go myself; and he would not allow me to go—he said to my aunt, "My dear madam, turn her out of the house this night; you are not safe so long as she remains"—he said I was a dangerous person.
Prisoner. Q. On this 29th Sept. how long was I in the house before you rushed into the room? A. I beg pardon, I knocked twice; I walked into the room—I heard you speak to my aunt about a will distinctly, and that was why I came into the room—you shut your eyes, and I said, "If you are an honest man, look me in the face like one"—I said, "You are very genteel indeed"—you spoke about a will, and you said her brother had come up; and did I not say, "It is false, my uncle is a poor, hardworking man, and cannot come when he likes"? and I said, "My aunt has no property, and she never had a child in her life, and you cannot file a bill in Chancery"—you did not produce my uncle's letter—you said you had sent to him—you did not produce a letter from him, and tell me to read it, nor
did I say I could neither read nor write—I am a very good reader, though I have had but a poor education—my aunt did order me out of the room, as you said I was a very dangerous person, and you would take me before a Magistrate—I told you I wished you to do so, and I should then know who and what you were.
SAMUEL NEAGUS . I live at Bury St. Edmunds, and am a plumber and glazier. I am uncle of the last witness, and brother to Sarah Parker; she is the widow of Christopher Parker, late of the Stock Exchange—about forty years ago she threw herself out of a window, and she has never been sane since—Mr. Parker had a female keeper, from an asylum, for her, and introduced her to Mrs. Parker as a companion—she has never had any family—in consequence of a communication made to me, I wrote this letter—I did not receive any answer to it—I came to town, to try to see the prisoner—I was in town a week, trying to see him, but I could not—I never received any writ—I do not know of any property coming to my sister—I have never drawn any money out of the Bank, of her's—I never drew 80, 000l.—her income is about 40l. a year; that is a pension from the Stock Exchange.
Prisoner. Q. How long had Mrs. Parker a keeper? A. That I cannot say—her husband has been dead about thirty years—he was a stock broker—I don't think he was a solicitor—I do not know whether she was under any person's care at her husband's death; she ought to have been—he did not leave anybody to take care of her that I know of—I got a letter some time in August; it was to know George's address, not mine—I called in Newman Street two or three times during that week—I was on the pavement when my relation called, and I was to call again—I called again, and you were just gone—I could not see you—I was with them that did call; I waited close by—I never received a notice from you—I never received one signed Sarah Parker without your name—I received no notice of intended proceedings in Chancery at the suit of Mrs. Parker—I do not consider her right now; certainly not—she manages her own affairs, but very badly—I have given persons instructions to have an eye to her—she received the rent of Mr. Winterbottom—I do not know whether she received it to 29th Sept.—she kept her affairs very secret—I did not receive a notice—I got one that Mrs. Lofts received—it had not my name on it.
MARY ANN MOULE . I am the wife of George Moule—he is a coachman—I live at No. 26, Grosvenor Mews, Bond Street—I knew the prisoner seventeen or eighteen years ago—about three years ago he came to see my husband as a friend, and from that time till he was taken into custody he has been lodging at my house occasionally; not constantly there, but there more or less—I do not know whether he had any other place of residence—he paid me at times what he thought proper—when I first knew him he had a carriage—for the last three years he has not kept a carriage.
Prisoner. Q. Do you recollect being with me on the 31st Oct. at Mrs. Parker's house? A. I recollect being there on a Saturday—I could not swear to the day—Mrs. Parker opened the door—when you came out I saw George Neagus come out—I walked with him and you to the bridge—I have heard what he has said to-day, that you were to get him 8, 000l. a year and a title—I did not hear anything of that kind said—the words I heard you say were, that Mrs. Parker was very poorly, and had got very bad legs, and he had better take care of her—when we came to the tavern we went in and had some brandy and water—you told him you should come with Mrs. Parker's statement on Tuesday at a quarter before 6 o'clock.
MR. COOPER. Q. In what way did you walk? A. I took hold of Mr. Jervis's arm, and that young man walked on the other side—I could not say whether I heard all that was said—they did not stop any time to talk—I was with them the whole time—the defendant lodged with me three years—I have been friendly with him—I have seen him since he has been in custody—I have seen him three or four times—I have gone to him to take him his clean linen—I had his washing done for him—he has not paid me for it since he has been in custody; certainly not.
Prisoner. Q. Were you in the cab with your nephew, and accompanying me to Battersea at the time I was taken? A. Yes; I saw you taken into custody; you were coming towards the cab, and a female held up her arm, and said, "At your peril turn up there;" and this young man and two or three more came and held you from getting into the cab, and you were taken into custody.
CHARLOTTE GOLDRIDGE . I live at No. 62, Newman Street, Oxford Street, with my brother in law. I have known the defendant about four years—he first of all came to our house to visit a lodger—that lodger received letters and messages addressed to Mr. Jervis—that lodger left more than twelve months ago, and the defendant came and asked if we would allow any letters or messages to be left, and my mother did so.
Prisoner. Q. Do you recollect Mrs. Parker coming there on several occasions? A. I do; you asked permission to use our room when persons came, and it was always granted—Mrs. Parker was one of the visitors—she came several times.
Q. Do you recollect any persons coming and asking for me, and stating that they came from the country, and they would call next week? A. I cannot recollect exactly the words they used—I recollect your saying, if they would leave a note and appoint their time, you would be there and meet them—I do not recollect seeing the person who says he called—you always said, if anybody came for you, if they would write a note, and leave an appointment, you would write to them—I recollect Mrs. Parker coming about the end of August, and she said she wished you to come—I recollect her coming first, and she said, "Have you received a letter? I sent a letter, but I thought I had better come myself; I have had applications from others, but I should rather see Mr. Jervis"—you never denied yourself there—you were never denied to any person—it was always said, if they would leave a letter or message, it should be given to you.
WILLIAM WELLS . (Policeman, V 334). On the 3rd Nov. the prisoner was given into my custody by Mr. George Neagus—the charge stated was for obtaining 50s. under false pretences of Mrs. Parker, his aunt—the defendant said he knew he had drawn 50s., and he had received about 18l. in all—I found on him a number of papers, and amongst them was this letter signed by Mr. Neagus on the 19th of August.
JOHN JERVIS, ESQ . I am the son of the late Sir John Jervis, Chief Justice of the Common Pleas. I do not know the prisoner—I never saw him till he was at the police court—my father's age was fifty-six—he died twelve months ago—a sister of mine never married the Turkish Ambassador; certainly not.
at Michaelmas, 1832—he has omitted to take his certificate out since Nov. 15th, 1850, and he was part of the time previous to that without a certificate—he could not take proceedings in the Court of Chancery—I have searched the Record Office in the Court of Chancery—no bill has been filed at the suit of Sarah Parker.
Prisoner. Q. The certificate of 1850 would reach over 1851? A. It expired in Nov., 1850—I have searched the Court; I find you had taken proceedings in 1852—in 1849 you were without a certificate—you have not taken your certificate regularly.
(The prisoner, in the course of a long defence, read the various papers produced, and contended that, although he had not been in a condition to take out his certificate, he was still entitled to practise, and to charge for his business in the same way as an auctioneer or accountant; that his introduction to Mrs. Parker was from an advertisement in the Times, requesting to see the gentleman who had recovered some property for a poor woman; and, as he had recently succeeded in recovering some for a poor woman, he imagined it might refer to him; that he saw Mrs. Parker before seeing Mrs. Houghton, and therefore her statement that he had inquired which was Mrs. Parker could not be true; indeed he submitted that her evidence was altogether unworthy of credit: that he had various interviews with Mrs. Parker, and was constantly occupied in investigating her affairs; that he still believed that she had a good case as regarded a part of the property, though, perhaps, not as to the whole; that the 50s. and other sums (altogether amounting to about 18l.) he received for the business performed; that he never represented himself as the son of Sir John Jervis (although he believed himself to be a second cousin), or that he had kept his carriage (although he had formerly kept two); that he had not stated that he had filed a bill, but only that he was about to do so; and that he had not obtained a farthing by false pretences, but that the case against him was a conspiracy in order to prove Mrs. Parker mad, and so get rid of her.)
The following Witnesses were called for the Defence.
SARAH PARKER . I had an advertisement inserted in the Times for an attorney—I recollect your calling on me—I think I was alone—you told me you came about the advertisement—I told you I had several applications—you gave me your address—you had never seen Mrs. Houghton then—I directed her to write to you—I received a letter from you that you would come, and you did come—I took you up stairs, and introduced you to Mrs. Houghton—I do not know that you asked which of those ladies was Mrs. Parker—I think you knew me—I think Mrs. Houghton said she was a law stationer's widow—I am not aware that I produced my husband's father's will on that day—you promised to come on the following day and take copies—you read the will over to me and Mrs. Houghton, and you said the first thing to be done was to get up a case—you asked if I had any children—I told you I had three children, two born in Paris, and the two sons and a daughter, and I think they died suddenly within a few years—I believe you told me it was necessary to search for the certificate of their baptisms and their deaths—I cannot tell where they were buried—I think I gave you the name of a clergyman to go to at Morden—I might give you something on that day; I would not positively swear that I did—I do not know that I asked you for any card; I think Mrs. Houghton did—you never told me that you were the son of Sir John Jervis; I know his children quite well—I
never heard that your sister was married to the Turkish ambassador before I heard it in the Court—I cannot tell whether you called on me, and told me that you could not find the certificates of the deaths of my children—I went with you to Doctors' Commons—I was taken very ill—we looked at several wills, and perhaps we referred to fourteen or fifteen others—I did not go with you to the Consistory Court—I do not recollect your telling me a day or two afterwards that you could find no wills of any of the parties—I think I paid 30s. for the search—you never refused Mrs. Houghton to go into the city with me—I believe on 5th Aug. you sent me a statement of my case—I think Mrs. Houghton read some of it; it was too much—I believe I said I was satisfied with it—I thought you were going on right—very likely when that statement was put in, there had been 12l. or 13l. paid—I recollect going with you and Mrs. Houghton to Buckhurst Hill—I do not know what I said to you when I brought her to the station—she wished to go down—I recollect signing this paper on 11th Aug.—the second part of this statement relates to my late husband's property—that was begun as a separate charge against the parties—you said you should give the parties notice—I thought not—I do not recollect your telling me you had filed a bill in Chancery.
COURT. Q. What did he say? A. He said he had drawn up the documents, and he should put it into the hands of a very good counsel, and he would have an interview with the Lord Chancellor.
Prisoner. Q. Did I not tell you that that statement should go before Counsel to prepare a bill, and that would go before the Lord Chancellor? A. Yes—I never called you "My dear" in my life—I do not recollect that you ever called me "My dear"—I should have been rather surprised if you had—I never reproved you for being rude—when we went out together you never put me to any expense—you would not take anything yourself—I never accused Mrs. Houghton of having an illegitimate child by George the Fourth, and four by the Duke of Wellington—she must have been tipsy when she said so—I recollect the 30th Aug. very well—I had a leg of lamb and a greengage pie for dinner—Mrs. Houghton said she was going to receive the sacrament—when she came home she was tipsy, and she put her things on, and went out—she often got drunk—she did tell you that she thought I had a very good case, and that my relations had robbed me, but she does not know what she says—you charged me for omnibus hire—I never heard you say you kept your carriage—I recollect that on 11th Aug. I heard you brought one statement; I do not know that I saw it—I heard some of it—you told me you should want 50s. for the service of notices—I thought you always honest—I thought you were going on right—I did not give instructions for you to be taken into custody; certainly not—I think I have paid you 18l. in the whole—I do not recollect your saying that part of that was for writs—Mrs. Houghton paid me 7s. a week, and I gave her her breakfast, dinner, tea, and supper—I have been several times to Newman Street—I never heard you say you had a country house—I believe you mentioned about a petition in Chancery for me to proceed in forma pauperis—you said you could get me 10l. a month—you said that as soon as any money was paid in they would make me an allowance, and appoint an attorney and counsel—you read the petition to me—I believe you called on me on 29th Sept.—I really do not know whether Mrs. Houghton was present—my niece was there—I never heard you ask me to make any will—you said you were going to file a bill—I recollect my niece came into the room very quickly—she said you were an impostor, and came to extort money—you
might say that you had not come for money, but you were money out of pocket—I believe she did say she had been to the Chancellor, and there was nothing done—I believe she begged your pardon—you might offer to show her her uncle's letter—I think you pulled your certificate out of your pocket—I do not know whether Mrs. Houghton said she could prove I was not insane—it is very likely I called at Newman Street about the end of Aug., and request you would come and see me, as I was alone—I did not accuse my niece of stealing two tons of coals—I missed some Brussels carpet out of my house, and she had the care of it—I recollect your coming to my house on 31st Oct.—my nephew chanced to come in—I did not know he was in London—you might tell him that I was going to file a bill in forma pauperis—you had better have kept it to yourself—he told me that you told him that I should have 1, 000l. in a week—you asked me for the probate, to examine it with the dates—I did not hear you tell him that you kept your carriage—I never heard you tell him you were the son of Sir John Jervis.
Q. Did I ever in my life get any money from you under the representation that I was the son of Sir John Jervis and brother in law to the Turkish ambassador, and kept my carriage and country house? A. I have repeatedly told you "No"—I did not ask you why you did not come sooner after I had called at Newman Street—you did not ask me for any money that day—I do not recollect your bringing any affidavit—I believe you said you should return on the following Tuesday—I do not recollect that you opened the probate and began to read it—it was so sudden, about the person being ill in the cab, that I do not recollect anything more—I recollect your bringing the statement, and putting it into my nephew's hand, but he would not read it—you said you brought it for him to read to you and I—I asked you to tea, and you said you should like the lady to have a cup of tea, and you went out and came back, and partly fainted away; I gave you a glass of gin—I followed in the rear, and said I had nothing against you, and told them to leave you alone.
Cross-examined by MR. COOPER. Q. You wanted an attorney to carry out your business, and this gentleman came and said he could manage it for you, after he had drawn it up? A. Yes—when he came he said he had read an advertisement in the paper—I do not know whether my brother, Mr. Neagus, had or had not sold out a great deal of property—Mrs. Branch has always been a burden—I do not know whether she has sold out; I do not know what she did—I do not know what she took from me altogether—she wanted her daughter to go to Melbourne—I do not know what she sold out, or what I sold out—I told him that somebody had taken my husband's jewellery and trinkets; Mrs. Alwright did—it must have been a contrivance—I cannot say whether I told the prisoner I had 180, 000l. left; I cannot say whether I did or not—I know my husband left money in the bank—I cannot tell whether I told the prisoner that all I had left was 180, 000l.; I cannot recollect—he told me mine was a good and clear case—he did not say he would do the whole for 60s.; he said he would do as much as he could for 80s. or 4l.—I said I would pay him as much as I could—I cannot say whether he said that would be the first and the last expense—I said I should depend on him—I gave him 2l. the first time, because he said he would make out a clear and good case, and I believed him to be an attorney—I recollect the next time he came I looked at the Court Journal—I do not know whether I said I did not see many lawyer's names like his—I mentioned Sir John Jervis to him—he said he was related to Earl St. Vincent—he did not say he was the son of Sir John Jervis—I have not been to see
the prisoner since he has been in custody—I am sure I did not say to him, "Are you related to Sir John Jervis, the Chief Justice?"—I did not remark on his coming to the house all weathers without a carriage, because I knew he had not a carriage; he always came in an omnibus or a cab.
Q. Where had you those children? A. They were born in Paris, the girl first, and the two sons, who were twins—I had them in 1814, and they lived till 1851 or 1852—I think my daughter died in 1852—I do not know what they died of—I was going to have this bill in Chancery to get my property at Buckhurst Hill and at Dowgate Hill—I do not know whether there is money in the Bank; most likely there is some there now—I have very little intercourse with my brother—he is my elder brother, but I have been away fifty-two years from the family; they never came forward to assist me in getting through my trouble—I claim house property and land—I told the attorney who my relations were, that he might prepare the bill—I did not tell him that my brother had robbed me of 80, 000l., and he never said that I did—if he said so, that was wrong; I did not hear him say so—I do not know who has robbed me, or whether any one has or not.
COURT. Q. Did the prisoner tell you he was an attorney? A. I cannot say that; he said he was in the law courts—he said he could have it done—he told me I should have 10l. a month, because he thought I wanted something better to live upon.
Q. Did he say what proceedings had been taken at all, so that you should have that 10l. a month? A. I cannot say; he said he could take me to the Lord Chancellor some morning.
JOHN JONES . The house where the prosecutrix lives belongs to my son; I am his agent. I let the house to the prosecutrix—I considered her the same as other people; I do not think her out of her senses—she bargained as other people—I do not consider her insane.
MR. COOPER. Q. Have you had conversation with her about her own affairs? A. Yes—she said she considered she had great property belonging to her; I do not recollect that she ever said any particular sum—I cannot say that she did or did not tell me she was worth 180, 000l.—she paid me the rent.
EDWIN JOHN WINTERBOTTOM . I was a tenant of Mrs. Parker's to 29th Sept., for the house No. 16, Sloane Street; I had been so about seven years—I paid her 90l. a year—I would rather decline answering the question whether I considered her in her senses—she applied for her rent, and brought a proper receipt, and I paid her, and thought I had done with her—I did not consider her in her proper mind.
GUILTY.—Recommended to mercy by the Jury. — Confined Eighteen Months.
THIRD COURT.—Wednesday, November 25th, 1857.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Two Months.
45. JOHN JONES (33), Burglariously breaking and entering the dwelling house of Robert Merton, at St. Andrew's, Holborn, and stealing therein 4lbs. weight of cigars and 1/2 oz. of tobacco, value 16s. 2d., and 17s. 10d. in money, his property; having been before convicted: to which he
PLEADED GUILTY .**— Four Years Penal Servitude.
46. GEORGE PATRICK WALSH (19), Stealing 1 order for the payment of 14l. 4s., and 15l. in money; the property of James Wilde and another, his masters; also, Feloniously forging and uttering an order for 14l. 4s., with intent to defraud: to both which he.
PLEADED GUILTY .*— Four Years Penal Servitude.
PLEADED GUILTY ., and received a good character.— Confined Six Months.
48. GEORGE WILLIAM BERRY (23), Embezzling 21l. 19s. 5d.; also, the sums of 6l. 7s. 8d., 6l. 12s. 9d., and 6l. 18s. 3d.; the moneys of Charles William Cookworthy Hutton and another, his masters: to both which he
PLEADED GUILTY.—Recommended, to mercy by the Prosecutors. —He received a good character.— Confined One Month.
49. THOMAS HAYDON (31), Stealing 1 pair of sugar tongs, value 11s.; and, within six months, 1 candlestick, value 10s.; and, within six months, 1 ewer, 1 bason, 29 knives, and other articles, value 40s.; the goods of Richard Stephen Waylett, his master.
MR. O'CONNELL. conducted the Prosecution.
ABRAHAM SEDGWICK . I am a sergeant of the West Riding constabulary. The prisoner was in my custody in May last, and has since been in prison in Yorkshire—I brought him up to town on 19th Nov.—on 1st May I searched his lodging at Huddersfield, and found this sugar bason, cream jug, knives, and steel forks (produced), also some duplicates—I sent instructions to London to make inquiry at the pawnbrokers.
THOMAS EDWARD SMITH . I am assistant to Mr. Minns, a pawnbroker, of the Edgware Road. I produce six silver tea spoons; I was present when they were pledged, for 24s., on 24th Nov. last year, but cannot swear to the prisoner—this duplicate (One of those found at the prisoner's house) was given with them.
WILLIAM HENRY POWELL . I am a pawnbroker, of No. 16, Upper Park Place, Dorset Square. I produce two table spoons and six dessert spoons, pledged for 10s., on 16th Dec. last year—I do not remember the person—I find among these duplicates the one I gave, and this (produced) is the counterpart—this tea pot was pledged for 12s. on 20th Dec.; I find the duplicate of it here.
WILLIAM BESANT . I am assistant to Mr. Brooks, a pawnbroker, of No. 30, Orchard Street. I produce two dessert spoons and six tea spoons, pledged on 20th Oct., 1856, for 2l. 2s.; a pair of sugar tongs, on 9th Oct.; two plated table spoons and six dessert forks, on 11th Dec., for 9s.; and a candlestick, on 30th Dec., for 4s.—I cannot identify the person, or say whether it was the same person, but they are all in one name.
Cross-examined by MR. ORRIDGE. Q. Are they all new? A. I believe not—it is a common thing for us to have things pledged by people in the trade.
prisoner was in my service for six years; he left in Oct., 1856—about a month after he left, I missed a cream ewer and bason, and some knives and forks—I did not examine my stock when the prisoner left—these articles produced are mine; my name is on these knives, and these silver tea spoons have my private mark, "3290"—this candlestick is of the same manufacture as one I had, but I did not miss it.
Cross-examined. Q. When did you miss it? A. About a month afterwards—I knew that he went into Yorkshire; I gave him a character to go there about four months afterwards—that was three months after I had missed the things—these knives have my name stamped on the blade; I have not sold any to the prisoner—my private mark is scratched on the tea spoons; that is not removed when I sell them—these sugar tongs have my private mark, "3123"—the prisoner bought a few things of me for a friend, and I charged him cost price—I sold him some spoons, but he had them engraved with his initials—anything that he bought of me would be in my books, but he has had so very few things of me that my memory is clear on that point—I sometimes mark my goods and sometimes do not—these have been in my stock seven or nine years—I sold the prisoner some sugar tongs three or four months before he left, but he had them marked with his initials by my engraver, and I saw them on the counter—the pawnbroker showed me a plated cameo brooch and other articles, which I know the prisoner bought of me; they were suitable for a person of his condition—I have no assistant but my wife; she is not here.
MR. O'CONNELL. Q. Did you ever sell him any knives? A. No; and these steel forks are very peculiar, they are never wanted by my customers; I have had them by me for years—this invoice (produced) was found on the prisoner by the policeman.
COURT. Q. Did he apply personally for a character? A. No, by letter.
GUILTY. of Larceny. (A certificate of the prisoner's conviction of a subsequent offence, at Huddersfield, was produced, which was also for stealing plate of his then master.)
Confined Two Years.
50. JAMES SANKEY (27), WILLIAM BURNETT , MATILDA ROSS (18), and ELLEN MILLS , Stealing 1 coffee pot, and other articles, the property of Sarah Aikman; 1 tea urn, and other articles, value 400l., of John Robertson Aikman; and 1 bracelet, and other articles, of Georgiana Robertson Aikman, in the dwelling house of Sarah Robertson Aikman.
MR. ORRIDGE. conducted the Prosecution.
HUGH HENRY ROBERT AIKMAN . I live at No. 75, Westbourne Park Villas, and am a Magistrate. My mother, Sarah Robertson Aikman, has a house at No. 68, Great Portland Street—I gave the prisoner Sankey charge of that house, furnished, about two or three years ago, and he and his wife remained in the house until Oct. last.
Cross-examined by MR. THOMPSON. Q. Is she here? A. No, she is too ill—the deeds of the house are in a legal process in Scotland, on a family question not relating to this property, but to Scotch property—I went to Marylebone station, and applied for a man to take charge of the house—I reside in Scotland, but when I am in London I call once a day at the house in Portland Street, for my letters—I was in London from Feb. to the end of June, and was back again in July for a fortnight—I lived at my house, No. 75, Westbourne Park Villas—I always called at No. 68, Great Portland Street, and generally saw Mrs. Sankey, if he was on duty; they lived in the kitchen, and all the other rooms were locked up except the dining room—I think the kitchen was empty, except what they took in themselves.
MR. ORRIDGE. Q. Did Sankey know of these boxes being in the rooms? A. He knew it was a furnished house; the drawing room door was locked, and all the other keys were on the table in that room.
JOHN ROBERTSON AIKMAN . I am a brother of the last witness, and am a solicitor; I live at Cavendish Hotel, Golden Square. No. 68, Great Portland Street, is the property of my mother—I went over it a fortnight or three weeks before 22nd Oct.—everything was then safe, as far as I could see—I received information on 22nd Oct., and went to the station house first—I was then accompanied to the house by two inspectors, and in the passage we found two of my sister's travelling trunks broken open, and the back parlour door was forced open—I then went up stairs to the drawing room, and found the doors locked; we conveyed the trunks to the station—there was nothing in them but bits of old dresses, nothing of any importance—I do not know what they had contained—this portmanteau (produced) is my sister's, but I had not seen it for some months—I afterwards got the keys of the drawing room, and went over the house with a policeman—we found every box and every safe broken open; both drawers, and desks, and wardrobes—some had the locks broken, and some were merely opened—at least 500l. worth of property was stolen.
Cross-examined. Q. This portmanteau has the name of Gardner on it, is that your sister's name? A. No; it was too large for Mr. Gardner, and he gave it to my sister in exchange for her's, before going to Australia—when I went to the house, a fortnight or three weeks before the robbery; I only went up the passage, and into the parlour—my mother kept the key of the back drawing room—I used to call once or twice a week.
COURT. Q. When you went on the 22nd, did you see Sankey? A. No; a person who said she was his mother opened the door to me—I saw his mother late in the evening.
JOHN ROBSON . I live in East Street, Marylebone. I know Sankey and Ross—I have known Sankey for a length of time—he took a lodging of me on 3rd Oct.—Ross came with him, and took possession of the place, and he came backwards and forwards, and visited her—they remained till 20th, when Ross left in a cab, about 9 o'clock in the morning—she took nothing with her—I did not see Sankey again—I had seen him the day previous, about 10 o'clock in the morning—they only paid one week's rent.
Cross-examined. Q. Do you know anything about that portmanteau? A. I found it in the room—I did not see it brought—the room was 6s. a week—Sankey came backwards and forwards, sometimes twice a day, and sometimes once in two or three days—I am a marine store dealer, and deal in second hand furniture—I am generally at home—I have been in communication with the police.
MR. ORRIDGE. Q. Was this portmanteau in the room when they came? A. No; it is not my property.
WILLIAM CARL O'BRIEN . (Police sergeant, D 25). I know Sankey—he was a constable in my division—I knew he had charge of the house in Great Portland Street—he had been absent on the sick list for two days, and on 22nd Oct., I went to the house to ascertain how he was—he had been reported sick on the 20th, and was away from duty—his mother opened the door, but I did not find him—I went there again in the latter part of the day with Mr. Aikman and sergeant Pierce, and found three or four boxes broken open in the passage; one room door broken, and a box in that room broken open—I did not see Sankey again till he was in custody—I went to Robson's house.
O'Brien to Great Portland Street, on 22nd Oct., about 5 o'clock in the afternoon, and found four boxes down stairs broken open—on the following Saturday I went all over the house with Mr. Aikman, and found all the drawers, bookcases, and wardrobes broken open and empty—there had been considerable force used to some of them—we found no plate or jewellery in the house—the doors of the rooms were locked, but on going into the front room we found the keys of them—the door was forced open.
Cross-examined. Q. Did you go into that room on the 22nd? A. No; Mr. Aikman had not the keys—it was the parlour door we forced open.
THOMAS ARMSTRONG ROE . I am head constable of the city of Cork constabulary. On Saturday, 1st Nov., I apprehended Sankey and Ross at Myddleton Street, Cork—they were in bed together—I told Sankey I was head constable of police, and told him to get up and dress—I then took him into another apartment, and asked him who he was, and what he was—he gave me the name of Henry Williams, and said that he was on a tour of pleasure—I asked him if he had any luggage, and had this box brought out of his sleeping room—I had the canvas taken off it, and found that it suited the description which I had—I then accused him of being James Sankey, of the London police, charged with a robbery to the amount of 500l.; he began to laugh at the idea of it—I directed the girl to dress, and went in and asked her her name—she said, "Ross"—I took her into custody—I found in the box this flask and nail brush box—Sankey asked her if she had his watch; she said, "Yes," and gave him this watch (produced), which I took—this gold breast pin I found in a small picture which hung up in the bedroom—I asked him if it was his; he said, "Yes"—this bracelet was found in my presence in the room, by a sergeant acting under me—Ross said that it was valueless—here is a purse, but it is not identified—there was also some wearing apparel in the box, which is not identified.
Cross-examined. Q. Was the box identified? A. No; I understand it is his own.
GEORGIANA ROBERTSON AIKMAN . I live at No. 75, Westbourne Terrace. I identify this flask, ivory box, bracelet, and two gold pins—the ivory box belongs to a travelling case which was up stairs—the other articles were left in the back drawing room—I saw them there safe five months ago in my boxes there—I have seen those boxes since, and they have been broken open—this portmanteau is mine, and was in the house.
Cross-examined. Q. How do you know this flask? A. I can only swear that it resembles one I had—it was in the same case with the ivory box—there is no mark on them nor on the bracelet—these pins are peculiar—they were in a brown trunk, in the back drawing room, belonging to me—I had been to it to get out some things which I required—I did not look to see whether everything was there, but I found the things much the same as I had left them.
Cross-examined. Q. Is there any particular mark upon it? A. The name of the maker on Cornhill; Harris, I think—I know my brother generally dealt there—I do not know the number of it—I know the guard also.
MISS AIKMAN. re-examined. This purse is my mother's—it is silver, not steel—it is very peculiar—you will not see another like it.
THOMAS POTTER . (Police sergeant, D 16). On a Friday morning, about the 6th Nov., the day after Sankey arrived in London in custody, I was told that he wished to see me in his cell at Marylebone police station—I went to him, and he said, "Sergeant Potter, I believe you are engaged in this case?"—I said, "I am"—he said, "I wish to tell the truth"—I said, "What have you to say?"—he said, "I find I have been entirely deceived by a man of the name of White, and two men whom White introduced to me as his friends; and them first two men took me home drunk, and I fell asleep, and they robbed the house; after they had taken me home, they went out to get more drink, and I believe they let others in; when they awoke up in the morning, I found the house had been completely ransacked; the articles which were found on me were left in the dining room; and those things I put into the portmanteau and intended to take to the station, and report the case, but being afraid the case would be put on my shoulders, and being distracted in my mind, I took the woman, and went off with the things, instead of taking them to the station"—I did not take that down in writing—this was about an hour and a half or two hours before I went to the police court—last Thursday week, at a quarter before two o'clock, I went to Earl Street, Seven Dials, to the attic, with two officers—I knocked at the front room door, received no answer, and broke it open—we went in, and found Burnett and Mills in bed together—I said, "Have you got any jewellery or property here which does not belong to you?"—they both said they had none, and Mills jumped out of bed—I said, "Are you sure you have no watch or jewellery here—she said, "No; we have no watches and no jewellery"—I thought she took something quickly from a table that was standing by the bed—I said, "What have you there?"—she said, "Nothing but money" I said, "Let me look?" and took from her hand this red purse (produced), containing seven sovereigns and some silver—I asked her whose it was—she said her's, and that she had had it for years—I said, "What have you in the other hand?"—she said, "Nothing"—I took hold of her hand, and found a lady's gold watch—I asked her whose it was—she said, "Mine"—I searched, and found two pillow cases, two or three towels, and some napkins—I left sergeant Pierce and Joy there, and searched the landlady's room, where I found a quantity of sheets—on the next day I made a further search in Burnett's room, and, on removing a cupboard which was standing on a shelf, I found twenty-six skeleton and latch keys, and large door keys of all descriptions; a centre bit, and two picklocks—I told them that I took them on a charge of robbery in Great Portland Street—Burnett said, "I do not know Sankey"—Sankey's name had not been mentioned then—I said, "Why do you mention Sankey; no one here has mentioned his name?"—he made no reply—Sankey was in custody at that time, and committed for trial—this was last Thursday week, and he was committed on the Friday—there had been a report, and the prisoner Sankey had given me the names of Bill and Harry—Burnett is the one whom he described as Bill—I know White—he was taken into custody before Sankey was apprehended, and remanded—he has since absconded.
Burnett. Q. Did not you remove the cupboard the same night? A. No; on the day after—I locked the door and took the key when I left, and found it locked when I came back—I had been watching your house three days, and you neither went in nor out; but I had reason to know that you were there.
MISS AIKMAN. re-examined. Q. This purse is mine, and this watch is my mother's.
HENRY JOY . (Policeman, A 338). I accompanied Potter to No. 7, Earl Street, and found this watch and chain between the bed and the mattress, and under the bed this gold ring; in the drawers this skirt of a dress, partly made up, and a piece of new calico, a towel, and a pillow case—on the side table I found a jemmy, two skeleton keys, and four files, which are generally used to make skeleton keys—they were wrapped up in the black bag—(produced)—I found these two crucibles in the drawers; they are used for melting jewellery, and in a portmanteau in the room I found two more crucibles—I found five duplicates on a chair by the side of the bed, two of which relate to property which has been identified—after the remand, I went with sergeant Pierce to the house, and compared this jemmy with the marks on the boxes and drawers, which had been forced open; and both ends corresponded exactly, some marks with one end and some with the other—one end is much larger than the other—it is my firm belief that they were made with this instrument.
Burnett. Q. Where did you find that jemmy? A. By the side of a movable sofa, which I at first thought was a fixture—you were there the whole time I was searching.
MISS AIKMAN. re-examined. This tartan skirt belongs to my mother.
Burnett. Q. How do you identify them? A. By the marks, and here is some of my mending.
JAMES PIERCE . re-examined. I went to Earl Street, Seven Dials, and saw a portion of these things found—I produce another flask, found in Burnett's apartment—I was with Joy when he compared the marks with the jemmy, and think there cannot be the slightest doubt that that is the instrument which they were broken open with.
EDWIN JOHN SEAGER . I am assistant to Mr. Yardley, a pawnbroker, of Tottenham Court Road. I produce a satin skirt pledged by a man on 22nd Oct., I cannot say by whom—I have never seen Sankey before, but Burnett was in the shop at the time.
Burnett. Q. What time was it? A. In the middle of the day—I cannot say whether you came with it—I was writing tickets for the foreman—he said, "Write a ticket for" so and so, and my attention was taken off, and I did not see you go out—I will positively swear you were in the shop in the middle of the day on the 22nd.
FREDERICK JOHN THOMPSON . I produce a cloak and cape pawned on 20th Oct.—I do not know the party—I gave this duplicate, which I find here with them; it corresponds with mine, and relates to this property.
MISS AIKMAN. re-examined. This skirt is mine; this cloak is my mother's.
Mills's Defence. I was not aware that the property was stolen.
Burnett's Defence. If Sankey speaks the truth, he cannot say that he has had any transaction with me in his life; on 10th Dec. Henry Deane, a marine store dealer, called on me, and stated that he had some goods to dispose of which would answer my purpose, and I purchased of him a portion of the articles produced; having known him upwards of twelve months, and met him at various sales; I concluded that they were his own, and did not
suppose they were stolen; on 12th instant, about half past 12 o'clock in the morning, I was aroused by persons bursting the door open, and charging me with being connected with the robbery; I said that I knew nothing about it, and they searched and found the property; I gave the watch and purse, as presents, to Mills directly I purchased them, and she wore the watch exposed at her side upwards of three weeks; I gave, immediately, every information in my power as to whom I purchased it from; I have no knowledge of the housebreaking instruments found in my apartments, or by whom they were brought there; on the day Mr. Seager says I was in his shop, I left for Andover, in Hampshire; the street door has no lock, it is open night and day; you can push it open, and put anything into my room, and pull the door to again, and anybody would think it was quite fast.
(Sergeant Potter gave Sankey a good character.)
ROSS— NOT GUILTY .
SANKEY and BURNETT— GUILTY . of Larceny.
MILLS— GUILTY. of Receiving. —She was further charged with having been before convicted.
THOMAS ROACH . (Policeman, F 38). I produce a certificate—(Read: "Middlesex Sessions, July, 1854; Mary Williams, Convicted of stealing a watch from the person; Confined twelve months")—I was present—Mills is the person.
GUILTY.— Four Years Penal Servitude.
SANKEY— Six Years Penal Servitude.
BURNETT— Four Years Penal Servitude.
OLD COURT.—Thursday, November 26th, 1857.
Before Mr. Baron Watson and the Fourth Jury.
MESSRS. BODKIN. and CLERK. conducted the Prosecution.
ROBERT SLADE . I reside at Pankstone, near Poole, in Dorsetshire. I have a son named William Jolliffe Slade, in London—on 30th Oct. I obtained a money order for 40s. at the post office at Poole, for my son, and inclosed it in a letter to him—this is the letter, and it was an order similar to this (produced)—I addressed it to Mr. W. J. Slade or Mr. Slade, care of Mr. Symes, No. 422, Strand, London, W. C.—I posted the letter myself at the Poole post office, on the evening of the same day, before post time.
JAMES JOHN CASE . I am a clerk in the post office at Poole, in Dorsetshire. On 30th Oct. I issued this money order for 2l.; there was no signature to it then—I gave it to Mr. Slade, who applied for it; and, according to the practice, I transmitted an advice to the Post Office in London, of my having issued that order, and sent it by the post of 30th Oct.—the names in it are "W. J. Slade, 2l. remitted by Robert Slade"—if a person comes for the 2l., they must be prepared to state who is the sender, and who is the person to receive—the money order is, "Credit the person named in my letter of advice 2l., and debit the same to this office."
SAMUEL SPINNEY . I was a porter in the employ of Mr. Symes in Oct. last—on 31st Oct. Mr. Symes was staying at No. 59, Guilford Street, and Mr. William Jolliffe Slade was residing there with him—on Saturday morning, 31st Oct., about 9 o'clock, I went to Mr. Symes's premises, in the Strand—I found three letters there, two for Mr. Slade, and one for Mr. Symes; I
put them all into a large envelope, put two stamps on it, and posted it that same morning at the Charing Cross post office—I addressed it to Mr. Symes, at Guilford Street.
JAMES SYMES . On 31st Oct. last I was staying at No. 59, Guilford Street, and Mr. William Jolliffe Slade was staying there with me—I did not receive a packet of letters on that day, one addressed to me, and two to Mr. Slade; I never received any.
EDWARD SPENCER . I am a clerk in the principal money order office in London—this letter of advice arrived at our office on the morning of 31st Oct., and would authorise the payment of 2l. to Mr. William Jolliffe Slade—on Monday morning, 2nd Nov., Mr. William Jolliffe Slade came to the office—in consequence of some representations which he then made, I filled up an application—this is the form of application issued when an order of this sort is missing—I filled that up, and then a duplicate order was issued, and the money paid; then the gentleman who drew out the order indorsed the original advice with the duplicate order "paid," so as to prevent its being paid a second time—that is the course of business—about half an hour after Mr. Slade had gone away, the prisoner Embleton came, between 11 and 12 o'clock, and produced this letter and this original order, of which I had had advice, just as it is now—from what I saw of that, and from the fact of my having paid the order before, I made a communication to the comptroller, and he was taken into the comptroller's room.
WILLIAM JOLLIFFE SLADE . I was expecting, in Oct., the arrival of a letter from my father, containing a Post Office order for 2l., but I did not receive one—on the morning of Monday, 2nd Nov., I went to the Post Office about 11 o'clock, and made application there to have some money paid to me, and 2l. was paid upon a duplicate order—these signatures of "J. Slade" and "W. J. Slade" are not mine—I did not authorise any person to receive any money order for me, or to sign my name—I was staying with Mr. Symes, in Guilford Street, on 31st Oct. and 2nd Nov.
ROBERT TYRRELL . I am a police constable attached to the Post Office. My duty is principally in the money order department—on Monday, 2nd Nov., I was called into the office—I found Embleton at the granting window—I was desired by Mr. Spencer to take him round to the comptroller's office—I did so, and received this letter and order from Mr. Spencer—the Comptroller said to Embledon, "This is a forgery;" and he was asked where he got the order from—he said, "I received it from a person of the name of J. Slade, or commonly called Jem Slade, on Saturday night, about 8 o'clock, and I was to receive half a crown for my trouble"—he said he was to take it back to Slade, at No. 13, Brydges Street, Covent Garden, that Slade lived there—I asked him what trade Mr. Slade was—he stated that he was a pen maker, and that he himself sold pens about—I asked him how long he had known him—he said he had known him a long time, he knew him when he lived at Chelsea; he then said, "I have been at the office before, with the order, and signed it 'J. Slade,' and it was refused in consequence of its wanting another Christian name;" he said, "I went back to Brydges Street, and from there to Broad Street, Bloomsbury, where I saw Slade; I told Slade I could not obtain the order, in consequence of its wanting another Christian name;" and he said, "'Why did you not tell me you had another Christian name, as I only knew you by the name of Jem Slade?'"—I then took him to the Bow Street station, and left him there—as I was going out of the station, I said, "I suppose I shall have no difficulty in finding Mr. Slade at No. 13, Brydges Street?"—he
said, "Not 13, 11; and if you do not find Slade there, ask for Bagley"—I went to No. 11; I found no such person as Slade; I then inquired for Bagley—I went up stairs into an upper room, and saw Bagley sitting there in his Post Office dress—I said, "Is your name Bagley?"—he said, "Yes"—I asked if he knew a person of the name of Slade—he said he had heard of the name—he said he had seen such a person—I asked if he knew where he lived—he said, "No"—I then said, "You sent a person of the name of Embleton to obtain a Post Office order for 2l. "—he said, "Yes, I did"—I asked where he got that order from—he said, "I was on my delivery on Saturday morning, in Broad Street; a person tapped me on the shoulder, produced the order, and asked me where it was made payable; I looked at the order, and told him it was payable at the General Post Office; he asked me to get the order cashed for him, and he would give me half a crown; I said, 'I cannot go myself, but I will get a person to go for you;' he then gave me the order and the letter, first tearing off one half of it; he said the money was to be brought to him (Slade), at No. 56, Broad Street, St. Giles's, at 11 o'clock on Monday morning; he said it was the house next to the workhouse"—I found it to be a public house—he said that Embleton brought him the order back on the Monday, saying that he could not get payment for it—he said, "I then took and signed the order, as it is now produced, 'Wm. J. Slade,' and gave Embleton the order and letter back"—before I left the station Embleton said, "I took the order back to Slade, and told him that I could not receive the payment of it, in consequence of it wanting another Christian name, and Slade replied, 'Why did you not look at the letter?'" and he (Embleton) replied, "I was not going to look into other people's letters."
Cross-examined by MR. RIBTON. (for Bagley). Q. How long did the conversation last between you and Bagley? A. Perhaps a quarter of an hour or more—I did not take it down in writing—no one was present—he was having his dinner.
Embleton. He is entirely mistaken when he says I knew James Slade; I distinctly told him that I knew James Bagley, and knew him to be a pen maker, and knew him upwards of nine years, as living at Chelsea. Witness. I never heard the name of Bagley till I was going out of the station house—I am sure he said he knew Jem Slade as a pen maker.
MARY ANN BOWDEN . I live at No. 11, Brydges Street, Covent Garden. In Oct. and Nov. no person named Slade was lodging at that house—the prisoner Bagley lodged there for a fortnight before he was taken up—I never saw Embleton there till I answered him on the Monday morning, about half past 11 o'clock—he asked me if Bagley was at home—I went up to his wife to ask if he was at home, described Embleton to her as well as I could, and she asked me to send him up—he went up—I did not see him go out again.
THOMAS GAPES . I am an inspector of letter carriers at the West Central Office, Southampton Street, Holborn. A letter addressed to Guiford Street posted at Charing Cross on Saturday morning, 31st Oct. would be sent to our office—the prisoner Bagley was on duty there that morning, assisting in sorting the letters—such a letter would be sorted at our office.
Cross-examined. Q. What department was Bagley in? A. He is a letter carrier at the West Central Office—there are sixty-nine letter carriers there—it does not follow that this letter must have come into his hands—Guilford Street is not in his walk, it is in Partridge's—a letter so directed would only come into the prisoner's possession in the course of
sorting, all the sorting is done by letter carriers—only twenty-three would be on duty at that time—a letter for Guilford Street might come into the posession of any of them—a portion of the letters which come from the head office, come partially sorted into two divisions, F and G—Guilford Street would be in the F division, the Strand would be in the G—the prisoner belongs to the G district—a vast quantity of the letters come unsorted; they sort as many as they can, and then send the rest to be done at our office—a letter properly sorted at the head office for Guilford Street would not come into Bagley's possession.
PARTRIDGE. I am a letter carrier of the West Central District. Guilford Street is in my walk—supposing this letter to have come there on 31st Oct., it would have been my duty to deliver it—I delivered all I had accurately that day—I had no letter in the name of Slade or Symes that day.
Embleton's Defence. I am perfectly innocent; I knew of no forgery.
(Bagley received a good character.)
BAGLEY— GUILTY .— Four Years Penal Servitude.
EMBLETON— GUILTY. of Uttering. — Confined Eighteen Months.
Before Mr. Justice Coleridge.
MR. SLEIGH. conducted the Prosecution.
BARZILLAI WOOD . I am assistant clerk at the Worship Street Police Court. On 18th July last there was a charge pending against two persons named David Gould and Nathan Houltman for forgery—I have not got the charge sheet here—these (produced) are the original depositions in the case, and were returned to this Court as such—I know it to be a fact, that those persons were charged with a felony before Mr. Hammill, the presiding Magistrate at Worship Street, on July 18th—that was the last examination—they had been remanded from time to time—I believe an application was made to admit them to bail—I was not present in the Court when any person offered himself as bail—I was in an adjoining room, where the recognizances are always taken—some one came into the office, and gave the name of Thomas Powles, No. 6, Portland Terrace, Victoria Park Road, as bail for David Gould and Nathan Houltman—I do not remember that person—he described himself as a hosier—I took the recognizances—the bail was for 20l. each prisoner—I stated the conditions of his recognizances to that party in the usual manner—I first asked him his name—he gave me his name and address, which I entered in a book—I then told him that he was bound in the sum of 20l. on condition that David Gould, and also the same sum of 20l. that Nathan Houltman, should appear at the next Session, at the Central Criminal Court, to answer a charge of forgery—I gave him at the same time a notice to that effect—he said he would acknowledge himself—he said he was content—I said he was to acknowledge himself in the sum of 20l. on condition that David Gould, and a like sum of 20l., that Nathan Houltman, should appear at the next Session, at the Central Criminal Court, to answer a charge of forgery; and then he acknowledged himself—the recognizances were not made out at that time—these (produced) are the recognizances that I returned to Mr. Clark at this Court in that case, in the regular and ordinary way—they were made out by me—they bear the signature of the presiding Magistrate, Mr. Hammill, who heard the charge against Gould and Houltman.
Cross-examined by MR. METCALFE. (with MR. POLAND.). Q. When were these recognizances made out? A. A few days after; I cannot say how long; it might have been a week perhaps—they were made out before it was discovered that the wrong person had been taken—they were forwarded before the Sessions commenced—they were never shown to the prisoner that I know of—they were read over to him by the book—I have told you all that was done, as far as I know—I was in the room adjoining the Court—I do not remember the exact words the prisoner used when I told him he was bound in 20l., but he said he would acknowledge himself, as far as I can remember; I would not be exactly certain—he said that he would be bound—I will swear that, or else I should not have let him go—he used words to that effect—I cannot exactly remember the words, from the time that has now passed—I will undertake to swear that he bound himself for both of them, and that he answered to both, but I do not recollect the exact words—on that, the prisoners were discharged—they had come into the office together, the prisoners and the bail—nothing further was done after that until the recognizances themselves were made out, some days afterwards—this (produced) is the book which I read from to the prisoner—the entry is in my own handwriting. (This was an entry to the effect that Thomas Powles and William Saxe became joint bail for Gould and Houltman in the sum of 20l. each.)
JAMES M'BRIDE . I am the chief usher at the Worship Street Police Court. In July last, two persons of the names of Gould and Houltman were charged with felony—the last examination was on July 18th—I was present on that occasion—I heard an application made by the defendant's solicitor that they should be admitted to bail—Ms. Hammill, the Magistrate, consented—two persons were brought forward who were represented to be respectable housekeepers—the prisoner was one of them—they each gave me a card with their name, address, and description—I destroyed them—I asked them, "Are you the person you describe yourself to be as becoming bail?"—I put that question to both—the prisoner replied, "I am"—Mr. Hammill desired their bail should be taken—I took the prisoners into the room adjoining the clerk's office with the two bail, the prisoner being one, and their recognizances were entered in this book in my presence, and the prisoners discharged—the first step that was taken was to open the recognizance book—the names of the prisoners were entered—I then told Mr. Wood that the two persons, the prisoner being one, were the persons who had presented themselves before Mr. Hammill in Court, and on that the recognizances were taken—I heard the prisoner acknowledge himself in the usual and ordinary way—he was asked, "You acknowledge yourself to be bound in the sum of 20l., and the condition is that you do personally appear at the next Session, and produce the prisoners to take their trial"—I have not the slightest doubt that I heard Mr. Wood say that to the prisoner, and that he nodded his head, as much as to say, "I do;" in fact, he would not have been allowed to depart the Court unless he had—I am sure the prisoner is the person who so represented himself on that occasion—the recognizance is taken in the adjoining room for convenience—it is a room immediately adjoining the Court, and the door between the two is left open.
Cross-examined. Q. Do you mean that the Magistrate can hear what goes on in that room? A. Certainly not; it is always done in that way purposely, in order not to interfere with the business of the Court—other business was going on at the time.
present at the last examination—I heard an application made for bail, and acceded to by the Magistrate—the prisoner came forward as one of the bail—I believe the Magistrate asked him if he was willing to become bail—he said his name was Thomas Powles, No. 6, Portland Terrace, Victoria Park Road, and he pointed to an officer in Court who knew him to be a respectable man—he said he was a hosier—his bail for Houltman was first taken in the amount of 20l., and then Gould could not get another bail, and he went bail for him in 20l. more—I heard the Magistrate accept him as bail, on the faith of the officer knowing him to be a respectable man.
JOSEPH DEEBLE . (Policeman, H 195). I was present at Worship Street Police Court on the last examination of Houltman and Gould—I saw the prisoner there—I was present when the application was made for bail—I knew the prisoner very well, and knew that his name was Powles, but did not know whether it was Thomas or Mark—I was present when the recognizances were taken—in consequence of information, which reached me subsequently, I went to the Holloway prison about two months ago—I found the prisoner there, and told him that only one of the two men that he had been bail for had appeared—he said it was a bad job; he had only been bail for one.
JOSEPH HOLLETT TICKELL . I am a clerk in the office of Mr. Clark, of this Court. I produce the original recognizances in the case of Houltman and Gould—they were returned from the Worship Street Police Court, and filed—from a minute of mine here, I should say that Houltman did not surrender.
THOMAS POWLES . I have been a hosier. I am residing at No. 6, Portland Terrace, Victoria Park Road—I did not attend on July 18th, or at any other time, at the Worship Street Police Court, and become bail for any person of the name of Houltman or Gould—I did not authorise any person to do so in my name—I was not privy to, or consenting to, that proceeding—the first intimation I had of it was from a lawyer in Bow lane, calling my attention to it—the prisoner is my son; his name is Mark Nicholas—I never gave him authority to use my name in this matter.
Cross-examined. Q. Was he living with you at that time? A. I think not; I cannot recollect—he came home very ill from a situation, but I believe at that time he was from home—I will not swear that he was not at home—I have other sons—I never had any conversation with the prisoner on this subject.
THOMAS GEORGE POWLES . I am a son of the last witness, and brother of the prisoner. I never went to Worship Street Police Court to become bail for two persons of the name of Houltman or Gould—I never authorised any person to do so in my name—I am not a hosier—I live with my father—I have no brother named Thomas Powles.
Cross-examined. Q. Where was it that your brother came from when he was ill? A. Hammersmith—he was an assistant to a hosier there; that is his trade—I don't know exactly when it was he returned—he was at home three months ill.
DANIEL CARTER . (City policeman, 82). I was here in the August Sessions—Houltman did not surrender to take his trial—I was at the Police Court when he and Gould were admitted to bail—I was present when the bail was accepted, and when the persons went into Mr. Wood's office.
Cross-examined. Q. Gould was tried, I believe? A. He was, and acquitted.
(MR. METCALFE. submitted that the recognizances in this case were not taken in such a manner as to justify a conviction of the offence charged: the room
in which they were taken not being the Court in which the Magistrate sat, or within his hearing, and the statute prescribing that they should be taken before a Justice of the Peace. THE COURT. was of opinion that the proceedings were sufficiently within the cognizance of the Magistrate.)
GUILTY .*— Confined Fifteen Months.
Before Mr. Baron Watson.
MR. RIBTON. conducted the Prosecution.
WILLIAM OLDHAM . I am a wine merchant of No. 15, London Street, City. The prisoner has been nine years in my service—on 4th Nov. I gave him a cheque for 31l.; odd—this (produced) is it—I gave him instructions to pay the duty on a butt of wine that I had to send to the Earl of Leicester—the customary way to pay it is to get the cheque cashed at your bankers, and give them the money, as they will not receive cheques at the Custom House—at the same time he made out an invoice, and I wrote a letter to his Lordship, which I gave into the prisoner's hands to forward—in the ordinary course of business he would post it that night or the next day—on 6th Nov. he asked me for 3l. for petty cash—I was in a hurry, and I foolishly signed a cheque without filling it up—it was a blank cheque for his usual allowance for petty cash, as his book will show—on Monday, 9th Nov., when I came to town, I found he was not at the office—I thought he might have been ill—I subsequently searched his desk after I had ascertained that he had filled up the cheque for 96l.; I found in his desk the invoice and the letter to the Earl of Leicester, which ought to have been posted on the Friday previous—in consequence of that I communicated with the police—he was not apprehended—we got a policeman to look after him, but could not catch him.
Cross-examined by MR. SLEIGH. Q. Previously to your giving him into custody, had you not an interview with him in the presence of Mr. Sherman? A. No, certainly not—I have known Mr. Sherman within the last two days by name, as a friend of the prisoner's—when we were going to arrest him I certainly had an interview with the prisoner and Mr. Sherman—you can hardly call it a conversation, inasmuch as I had no conversation with him—I had with Mr. Sherman—the prisoner did not tell me that he was unable to pay the duties because the wine had not yet been racked off; nothing of the kind—he did not tell me he had the money in his pocket, and that he carried it about with him, because it was not safe to be left at the office—my office had not been broken open a short time previously, to my knowledge—the desk, in which moneys and securities were kept, had not been forced open, to my knowledge—I can hardly say that I have had a great many money transactions with the prisoner irrespective of the relation of master and servant—he has occasionally got a cheque from me for 20l. three or four days post-dated, and paid in the money to my bankers for that, and when my cheque was due that has been paid back—he has certainly got my postdated cheques cashed by his friends for my convenience, as I have often done through other parties—he has not got my bills of exchange discounted for my accommodation through his friends—he has never, to my knowledge and belief, lent me a penny—he has not lent me money, except on a postdated cheque—he has never advanced me a penny—he has certainly got money on post-dated cheques from a friend five, six, or seven times in the course of nine years—he has not done so as many times in the course of last year, to the best of my knowledge and belief—I should be very sorry to
take an oath without looking at my book—I dare say he has to the extent of five or six times; I cannot say he may not have done it eight times—I have latterly been, like other mercantile men, hard up for money—the prisoner has not been the means of frequently extricating me from temporary pecuniary difficulties within the last year; nothing of the kind—I do not know of his having put himself to personal inconvenience to raise money for me—I have a son grown up—I have not from time to time authorised the prisoner to make advances to him on my behalf—whatever he advanced to my son was included in a cheque at the end of the week, and, if I had to give him 3l. for petty cash expenses, I have drawn it for 1l. 7s. or 1l. 10s., or whatever it might be, for the use of my son—the prisoner has not repeatedly, and by my direction, advanced money to my son; it would be quite contrary to my direction—to my knowledge, he has never advanced him money which I have promised to repay—I know of nothing at all of the sort—I have within the last four months accepted a bill of exchange for 75l. for the prisoner—he purchased some things on his own private account, at a rummage sale, and he asked me if I would be kind enough to take some candles and a few bottles of sweets that had come back from the Crimea—he afterwards came to me, and asked me if I would be kind enough to accept a bill to the amount of 74l., or something like that; which I did—I have frequently asked him for a statement as to why he drew that bill for 74l., and I could not get it from him—I do not believe I was indebted to the prisoner for more than 13l. or 14l. for what I have purchased of him—that was for the candles and six bottles of preserved fruit—I do not know who discounted the bill—I know nothing at all about it, further than I paid it, at least my bankers did—I swear I did not owe him that amount of money when he drew the bill on me—there has been no relation between us but that of master and servant—I have been in the habit of entering wines in the Docks in his name; every merchant in the trade does the same—I have done according to commercial usage—he has entered them in his name—I have never entered them in his name—he has entered them in mine—that would be regular and proper—wines which were my property have been repeatedly entered in the Docks in his name—there is none there now in his name—the wines for the Earl of Leicester were not in his name—they were in the name of Turk, Barclay, and Co., to whom my wines go consigned, and he applied to them for a transfer of this butt to send to the Earl of Leicester, but it has never been sent—I do not know whether the transfer was made in his name—it was not by me if it was—I am indebted to a small amount at the Docks, but they do not annoy me about it—they did not stop my wine—at the interview I had with him before he was given into custody, he did not tell me that he had been unable to pay the duties because the wines were not racked off, nor did he say, "You must come to a settlement with me as to the money you owe me;" nothing of the kind—Mr. Sherman was present at the interview—it was at my solicitor's office—I was there when the prisoner came in with Mr. Sherman—a police officer was sent for immediately—he was not in attendance before the prisoner came—the prisoner did not say that I must settle the account with him as to what I owed him, before he parted with the money—I am not aware that at that time a judgment had been registered against me—I know what a judge's order is—to the best of my knowledge, I was not at that time under a judge's order, liable to an immediate execution if I did not pay an amount of money—I can swear that I was not—I was not at that time in communication with my solicitor as to the propriety of placing myself
in the Gazette—there was nothing of the kind at the period you are alluding to.
MR. RIBTON. Q. You say, when you gave him post-dated cheques, he obtained the money for you, and they were subsequently paid at your banker's? A. Yes, three or four days afterwards—the 74l. bill was not entirely to accommodate the prisoner—I might at that time have been owing him 15l. or 20l.—the remainder was to accommodate the prisoner, to the best of my belief—he came to me, and asked me to accept the bill for him—he said he wanted the money for his own use—I have paid that bill within the last two months—it was on 21st Oct. that I accepted it—at the time I gave him the cheque for 31l. 12s. I was not indebted to him; he was indebted to me—his salary had been paid up to the very day that he ran away—I paid him 1l. 18s. 6d., which was entered in his own name—that salary was paid to him weekly—it was paid out of the petty cash—there is no truth whatever in the insinuation that there was a judge's order against me.
MR. SLEIGH. Q. Look at that letter of 5th Aug., 1857, commencing, "Dear John;" is that addressed to the prisoner? A. Yes—that is my writing—having looked at that letter, I say that I was not contemplating going into the Gazette on 5th Aug.; and if I had been, what would that have had to do with this subject?—this list of duplicates refers to my own plate, which was pledged six months ago for me by the prisoner—the prisoner has not paid a considerable amount of Dock duties for me, which were comprised in the 74l. bill—he has not paid Dock duties for me out of his own pocket, nor was that amount included in the 74l. bill, nor for Customs duties—I was in want of money some time ago—a bill came back protested, and I pawned my plate to save my credit.
MR. RIBTON. Q. You wrote to the prisoner as a confidential clerk? A. Yes, as I would have written to my own son—at that time I wanted to get time from the creditor alluded to in that letter, and he was kind enough to grant it me—I have not since then been in the Gazette.
MR. SLEIGH. Q. Have you not to-day offered to Mr. Sherman to leave these matters to arbitration, and withdraw from the prosecution? A. No, I have not; Mr. Sherman came to me, and asked me, if he was to pay the money, would I leave it to arbitration, and I said, "Well, pay me the money, and I will"—I did not say I would forego the prosecution—I said if the prisoner would plead guilty I would, and after he had pleaded guilty I would submit everything to arbitration, and recommend him to mercy.
FREDERICK GEORGE FROST . I am a clerk in the Commercial Bank of London, in Lothbury; Mr. Oldham keeps an account there. I know the prisoner—on 5th Nov. he presented this cheque for 31l. 12s. 2d. for payment—I paid it in one 20l. and one 10l. note, and 1l. 12s. 2d. in money—the number of the 20l. note was 56, 240—this is it (produced).
WILLIAM BRADSHAW . I live at No. 1, Market Street, Finsbury. I was in Mr. Oldham's employment at the same time as the prisoner; I am sure I do not know whether it was Mr. Oldham's or Mr. Leveridge's; Mr. Leveridge employed me, at least he took me to the office; Mr. Oldham, when he came into the office, said, "I will not say anything; Mr. Leveridge will employ you"—I was under the prisoner, he was chief clerk—on 7th Nov. he gave me a cheque for 96l. 2s. 2d., and a 5l. and 20l. bank notes—I cannot speak to the 20l. note; I had two that day, and I cannot say which he gave me, and which I had from the Commercial Bank; I wrote Mr. Leveridge's name upon it—I find it on this note—he told me to cash the cheque at the Commercial Bank, and then to get the notes changed at the Bank of England—it
was a cheque of Mr. Oldham's—I got it cashed at the Commercial Bank for a 50l., and a 20l., and a 5l. note—I afterwards got gold for all the notes at the Bank of England, and gave the money to the prisoner.
Cross-examined. Q. How long have you been in this establishment? A. Eleven months—I know that Mr. Leveridge was in the habit of paying duties out of his own pocket for Mr. Oldham—I know there was a bill drawn, I think for 75l., I think by Leveridge on Mr. Oldham—I was not present at any conversation between them on the subject of that bill; I do not, of my own knowledge, know what the subject matter of that bill was—there was a desk in the counting house which we thought had been opened or tried, it opened rather hard, and three were marks; we noticed it about three weeks or a month ago—since that time I am not aware whether money has been left in it; I had nothing to do with leaving money in it—I know of the sample room having been opened with a false key, two or three months ago—I went to the docks about the wine for the Earl of Leicester, on the Friday—it had not then been racked off so that the duty could be paid—I went to the docks and made inquiry about it—I did not ascertain what the duty was that was payable upon it—I cannot tell whether the duty can be paid on wine before it is racked off.
ANTHONY WILLIAM LOVE . I live at No. 8, Salisbury Street, Strand, and am a clerk in the Receiver General's Office, at the Custom House. I have searched the books for duties paid by Mr. Leveridge or Mr. Oldham, from 4th to 10th Nov. inclusive; there is no such sum as 31l. 12s. 2d. paid on Mr. Oldham's wine by the prisoner; if it had been paid in the course of business, I should have found it there—I can say positively that that amount has not been paid.
Cross-examined. Q. Do you know whether that wine is racked off at the present moment? A. That I cannot speak to—I cannot say whether the amount due can be ascertained until it is racked off, I have nothing at all to do with that—I know nothing of the state of Mr. Oldham's account with the Customs—ours is a ready money trade—I am not aware whether it is so at the docks.
WILLIAM OLDHAM . re-examined. When I had the interview with the prisoner at my solicitor's office, he never acknowledged that he had had the 31l. 12s.—he did not deny it, because there were no questions put to him; I did not say if he would give me up the 30l. I would say no more about it—(looking at a paper) I promised the prisoner 100l. under certain conditions, if he acted honestly and honourably towards me for a twelvemonth—the top part of this paper is my writing—it was a conditional agreement, that if he would serve me honourably and faithfully for twelve months from the period I made him that allowance, he was to have a bonus of 20l. and 30l. for 1856 and 1857—I made that arrangement with him, as I found he had been endeavouring to raise money on my security.
The following Witnesses were called for the Defence.
GEORGE FORTINS . I am a clerk in St. Katherine's Docks. I do not know of any wine of Mr. Oldham's; there was wine in the name of Leveridge there, from a vessel called the Peninsula—on 7th and 9th Nov. that wine had not been racked off so that the duty could be paid—the duty would be paid at the Custom House—it was racked off three or four days ago—the duty cannot be paid until the wine is racked off—the prisoner has
been in the habit of coming to the docks for many years—he sent me an order through the Long Room, for racking off this wine, this is it (produced)—it is signed by the prisoner, it came to me from the Long Room, attached to the warrant for the goods; it reached me on 6th Nov.—there have been several casks of wine entered in Mr. Leveridge's name, but whether they belonged to Mr. Oldham, I cannot say—I have nothing to do with the accounts—the Dock Company have outstanding accounts against many of the merchants for dock dues—I know nothing, of my own knowledge, of Mr. Oldham's account with the dock, it is not in my province—this letter (produced) was written by me to the prisoner; it relates to five butts and eight hogsheads of wine in the docks, which had been fined by Mr. Leveridge's order, and it could not be racked because there were full casks on the top of it.
Cross-examined by MR. RIBTON. Q. Are you quite correct in saying the duty cannot be paid on wine until after it has been racked off? A. Unless the merchant chooses to pay the duty on a risk—I have known such cases, but not often—this document came to me from the Long Room; who left it there I cannot say; it has Leveridge's signature—this entry in pencil, "Lodged on the 6th," is my writing.
COURT. Q. The duty is payable upon all that is put in bond, subject to certain reductions? A. Yes; it is paid on all that goes out—the Customs gaugers ascertain the quantity on all goods at the time they go out; you are not obliged to account for duty on the whole lodged in bond; there is a gallon allowed for waste.
WILLIAM SHERMAN . I have known Mr. Leveridge seven years; during the whole of that time I never knew anything adverse to him—I have never been present when he has had interviews or business with Mr. Oldham—I have had very many post dated cheques of Mr. Oldham's handed to me by Mr. Leveridge—I have cashed them, and also a bill for 75l.—on Monday, 9th Nov., I went with Leveridge, at his request, to Mr. Oldham's office; there was no person there; it was about 10 minutes past 4 o'clock in the afternoon—the office door was locked when Mr. Leveridge tried to get in—he rang the bell, and requested to see the housekeeper, and asked her if anybody had asked for him—next morning, about 20 minutes past 10 o'clock, at his request, I went with him to the office of the prosecutor's solicitor, Mr. Ennis, in Billiter Street—we found Mr. Ennis and Mr. Oldham there—I have a memorandum of what passed, I took it down in black lead at the time, and copied it out shortly afterwards, in ink—Mr. Leveridge asked what authority they had to go to his house, and charge him with forgery, and threaten his wife that they would placard the front of his house with bills offering 50l. reward for his apprehension—Mr. Oldham begged of Mr. Ennis to have a private interview with me, and I believe it was granted by Mr. Ennis and also by the defendant—Mr. Oldham then told me that he did not believe the defendant knew what he was doing, and he wished, if he had done anything wrong, he would state so, and if he had taken more than belonged to him, that he would hand it over—I could not make any reply, because Mr. Oldham was in a distinct part of the room—Mr. Oldham did not say anything to him about this 30l., nor did Leveridge to him, only as far as this, he said that he had done nothing that he considered to be wrong, and he was justified in what he had done—we were not there, I should think, more than half an hour—during that time the conversation went on between Mr. Leveridge, Mr. Oldham, and Mr. Ennis—Leveridge desired to be given into custody if Mr. Oldham presumed
to charge him with any offence; he would not undertake to make any compromise, or say he had done wrong—there was some conversation between Mr. Oldham and Mr. Leveridge that I did not hear—there was a great deal of conflicting matter; Mr. Oldham told the prisoner that he could transport him, and I heard the defendant say that he could transport him—at last Mr. Oldham sent for a policeman, and gave the prisoner into custody for embezzlement—I do not think the prisoner made any reply to. that charge—I have seen Mr. Oldham to-day about this building; he said to me that this was a serious affair, in his opinion; in my opinion, it was not so serious; and it was his, Mr. Oldham's, wish that half the money that he found Mr. Leveridge a defaulter of should be paid to him, and he would withdraw the affair—he proposed that the prisoner should plead guilty, and he said he would recommend him to mercy; he said he would like the facts of the matter to be committed to arbitration, and whatever the third party thought the prisoner was a defaulter in, he would take half the amount, and withdraw the matter.
Cross-examined. Q. What are you? A. I keep an ale and luncheon house at Millwall, Poplar. I am not engaged at all in betting—I have never been mixed up in betting transactions with the prisoner—I have had a great many money transactions with him—he was indebted to me in Nov. 70l.; I cannot say exactly how much—since his incarceration, he has owed me nothing—I did not say he owed me 70l.—I presume if I said 70l., it referred to the bill—I do not think he owed me 50l. at the beginning of Nov., nor 40l.; he might have owed me 30l.; I would not swear he did not owe me 50l.—he is not indebted to me now; he has paid me since—I think he paid me on 5th or 7th Nov.; I think it was the 5th, but I cannot tax my memory when he paid these amounts—he has never paid me what he owed me, because he still owes me a little; he paid me part; during the last seven years he has continually paid me part—on 7th Nov., or I would rather say on the 9th, which was Monday, I received 3l. 10s. as part and parcel of what he owed me—I have not said what he owed me in Nov.; he owed me some amount; he is not indebted to me now—I am quite sure he paid me 3l. 10s. on the 9th—when I say he paid me the balance, he did not pay me in cash—I had goods, goods that belonged to me, that he held in his possession—I had advanced him various sums of. money to purchase goods, and I have had those goods to sell for him, and the profits to be divided, as I presume, between me and him; and when he found he could not sell, they were retained in my possession, and I hold them now—that was what I meant when I said he owed me 30l. at the beginning of this year; I meant to the value of that amount—they were wines that he had purchased to sell; they were not sold, and they were returned to me—I had given him money to purchase the goods with—I took the goods myself from a cellar which he had in Jewry Street, Crutched Friars, on the 10th or 11th—I should think that was to the amount of 30l.—some was bottled wine, and some wine in cask—I will swear that was either on the 10th or 11th—I was present when he was given into custody; that was on the 10th—he did not give me up the wine, he gave me the authority to take it, and I got it in consequence—that was not the only money transaction I had with him—I have had a very great many money transactions with him—when I advanced him the money, I did not know what he was going to speculate in—I had arranged to have half the profits—he gave me the order to get the wine, in Limehouse, at 3 o'clock on Monday, 9th Nov.—it was on the 10th or 11th that I took it—he gave it me on the 9th,
before we went to Mr. Oldham's office—I delivered it to the landlord of the cellar—I did not take away all the stock that was there; I left some there—I first saw him on the 9th, at 3 o'clock.
(The prisoner received a good character.)
NOT GUILTY .
(There was another indictment against the prisoner, for which see Old Court, Friday, page 91.)
NEW COURT.—Thursday, November 26th, 1857.
PRESENT—Mr. RECORDER.; Mr. Ald. ROSE.; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the Seventh Jury.
MR. COOPER. conducted the Prosecution.
JOHN O'CONNER . I live at No. 2, Finsbury Market, and am a general dealer. On 13th Nov., about 12 o'clock at night, I was returning home with Mary Casey—when near Red Cross Street, I had occasion to leave her for a short time within two doors of Whitecross Street, and on my return I saw her and the prisoner—there was a lamp close by where she was standing—she said the prisoner had indecently assaulted her—I asked him why he had done it—he made use of a most beastly expression, and I said, "I shall lock you up"—I directed Casey to go to the corner of Golden Lane, where I had seen a policeman a few minutes before, and tell him I wanted him—I said, "I will take care of the prisoner"—he said to me, "Do you mean to lock me up?"—I said, "Yes, I do"—he said, "If that is what you mean, follow me," and took to his heels—I followed him down Lower Whitecross Street, and into a court—the entrance of it is very narrow, but at the top is a square—I followed him there, and on the left hand there is a recess, and he fixed himself in it, and as I came by he fetched me two violent blows on my face—they came so unexpectedly, that I was knocked down—I could see it was the prisoner—I jumped up and grappled him—I could have mastered him, I believe, but I found there were two more, who knocked me about most dreadfully, and kicked me about—I had a silver watch and a silver chain—I was knocked down three or four times, and the last time I was knocked down the prisoner seized my waistcoat, tore it open, and took my chain from round my neck, and the watch from my fob, while I was on the ground—I do not believe the prisoner kicked me, he struck me, and the others kicked me—I jumped on my feet, and made a last effort to get my watch—the prisoner had a muffler round his neck—I seized it, and he struck me again—I received three or four more blows, and fell with the muffler in my hand—it was all over soap suds, the same as my coat—there were soap suds in the gutter or drain—the prisoner dragged the muffler from me—I received some more kicks from the others, and they all left me—after I had recovered myself a minute, I went to where I had left Mary Casey—I saw the officer, and he went back with me to the place—I saw where the soap suds had been mopped up from the ground with my things—I told the officer what kind of man the prisoner was—he took me to the yard where the prisoner was taken, and I went to the station in Moor Lane; I saw the prisoner there, and charged him—I am sure he is the man—this muffler was taken
from his pocket, but it had been refolded; I told them to open it, and the mud and soap suds was on it—I told the officer to take off my coat and let the inspector smell it, and it had the same soap suds on it.
Cross-examined by MR. SLEIGH. Q. Had you never seen this person before? A. Never—it was not a mile from my dwelling—Mary Casey is living with me as my wife—it is out of my power to make her my wife, because I had the misfortune to be married to an abandoned character—I was going home—I had been to several places; I left home about 4 o'clock in the afternoon; I left Casey to mind my business—I met her at a friend's house, at near 12 o'clock that evening, where we had supper—I believe I had been in two public houses that evening, not after Casey joined me—the place where the robbery took place was in a court—I do not know whether it is a thoroughfare—I believe there is a lamp in that court—it was not a dark night nor a dark court—I gave a description to the officer of the prisoner's dress and features, and the officer asked me how he ran, and I said, "Bandy legged"—I said at Guildhall about there being soap suds in the gutter; I do not believe I said it before I went there—I have been tried to be tampered with about this case, but I declined it—his sister has been in my shop—I do not believe I have mentioned it to any one—I was in this Court about two years and eight months ago, as a prisoner—I have never been in any other Criminal Court beside this—I have been at Liverpool—I belong to Liverpool—I was charged here about a box of ivory; I left without a blemish on my character—since that I have never been in custody, nor taken on any charge—I believe I was fined 10s. for an assault—I never was charged with felony—I saw the prisoner in custody of Turner, he brought him out of a hayloft in custody—I have heard that the prisoner was asleep in his father's loft—I did not say after the prisoner was taken, that the shawl fell in the mud.
Cross-examined. Q. When did you see him in custody? A. The same night—I saw him in the yard with Mr. O'Conner and the policeman—I had previously described him to the policeman—I was not in the court when the robbery took place.
JOHN TURNER . (City Policeman, 162). On 13th Nov., I was on duty, and saw the prisoner about a quarter past 12 o'clock in Beech Street, with two other parties with him—that is but a very few yards from Redcross Street—I knew the prisoner before; I passed them on the other side of the street, and about five minutes after I left them, I heard some person running and screaming—that turned out to be Casey—she made some statement to me, and I walked with her—in about four minutes O'Conner came to me—his face was swelled on one side, and covered with blood, and the back of his coat was nothing but mud—he told me he had been assaulted, and he described the person—I went in pursuit of the prisoner to his father's, at No. 2, Silk Street, and, not seeing any light there, I went to his father's stable, in Whitecross Street—I found the prisoner up in a hay loft, and took him into custody; he runs bandy legged—I took him to the station; I found in his coat pocket this shawl—the prosecutor said, "If you unfold it, you will find marks of mud"—I unfolded it, and found them, and the mud was moist—I went to examine the yard where the assault had been committed—there is a lamp in the centre of the court, it is a very light court—there is a gutter in it, where there had been some soap suds thrown down—the prosecutor's
coat and this shawl had soap suds which resembled that in the gutter.
Cross-examined. Q. Did you remember about the gutter and soap suds when you were before the Magistrate, and about the prisoner having bandy legs? A. Yes, I did, but I omitted stating it—I took the prisoner at his father's place—his father is a keeper of cabs—the prisoner was lying on a truss of hay, he was not asleep—I knew him well—I called him by name, and he jumped up directly—the prosecutor had given me a minute description of his dress, and likewise of his running away—this is the prisoner's shawl, the one that the prosecutor said the prisoner had on—this shawl fell down in the yard after I had the prisoner—it was damp where it fell; some water had been spilt—I told him I took him for robbing a person—he said, "You don't mean to be nasty"—he said he was innocent.
COURT. Q. Were the marks of mud outside the shawl? A. No, inside—the lamp is about three yards from where the scuffle took place.
(The prisoner received a good character.)
NOT GUILTY .
MR. COOPER. conducted the Prosecution.
JOHN JOHNSON . (City policeman, 134). I was on duty in Fore Street on 5th Nov.—I received information, and went to Bowling Alley, Whitecross Street—I saw the woman Parsonty lying down, with a wound in her neck—a surgeon was attending her—I went to No. 14, Bowling Alley, saw the prisoner, and told her she must consider herself in my custody, for wounding Mrs. Parsonty—she said that she had done it by throwing two tea cups—after I had taken her into custody, I went back to the room, and found this knife and a broken saucer under the fireplace—a man, whom I believe to be her husband, opened the door of the room.
Cross-examined by MR. SLEIGH. Q. What time was this? A. About a quarter past 7 o'clock—the prosecutrix was lying down, and apparently very much exhausted from the loss of blood—I could not form any judgment whether she was in liquor—there were no marks of blood on the knife or the saucer.
MARGARET PARSONTY . I am the wife of John Parsonty; we live in King's Arms Yard, Whitecross Street. On 5th Nov. I went to No. 14, Bowling Alley, about half past 7 o'clock, to ask for a half crown that the prisoner had taken from me that day—she came in directly after, and I said to her, "Mrs. Brewer, you try to make a piece of work; you might have thought that I wanted that money"—she began to abuse me, and I thought she was going to strike me—I went back, and she said, "You so and so w—, I will have you," and she took a knife from the table and stabbed me, and blood came into my mouth—I wanted to get home, but I was obliged to lie against the wall, and two women came and covered me with a cloth—I was taken to the hospital on the Saturday, and was not fit to come out till the Wednesday week afterwards.
Cross-examined. Q. Did Mr. Timothy, the doctor, attend you? A. Yes—he attended me once before for an injury on my finger—he has not attended me for blows or bruises—I have known the prisoner sixteen years—we were never bad friends—she asked me to let her have the half crown till the evening—I did not ask her to take care of it for me—it was in my own house—I had been in a public house with her that day, I think it was the Grapes—my husband did not take me out of the public house—he did not
complain of my having been there—I am not in the habit of going to that house—I was not in it with the prisoner more than two or three minutes—when I went to the prisoner in the afternoon I was not the worse for liquor—her husband was in the room, and her son John came in—her husband did not beg of me to go out of the room quietly, and not to make a noise—I did not call the prisoner a liar; I called her no names whatever—I had not a dispute with her in the presence of her husband—she threw two cups at me—I had not been at a public house with her after I had been at the Grapes that morning—I did not tell her that my husband had been knocking me about because I had been at the public house; my husband did not knock me about—I did not fall in the room till she knocked me down after she had served me so.
PETER VINCENT TIMOTHY . I am a surgeon, at Barbican. On the evening of 5th Nov. I was called to the last witness—I found her suffering from great loss of blood, and an incised wound in her neck, between one and two inches long—it was not deep—it appeared to have been done with a blunt instrument—such a knife as this would cause it.
Cross-examined. Q. Might it not have been inflicted by the patient having fallen on any sharp edge, as of a saucer? A. It might, supposing the instrument to have been in a peculiar position—I believe I have attended the prosecutrix within the last twelve months; I cannot tell when, but by the parish book I find it was for bruises—she had been drinking, but was sober.
(The prisoner received a good character.)
GUILTY. of unlawfully Wounding. — Confined Six Months.
56. WILLIAM DENTON (23), Burglariously breaking and entering the dwelling house of Joseph Goss, and stealing therein 1 metal tap and leaden pipe, value 1l. 4s.; the goods of John Maunders, and fixed to a building; and 1 shirt, and other articles, value 2s. 6d.; the goods of John Goss; to which he
PLEADED GUILTY .— Confined Six Months.
JAMES BENTLEY . I live in Northumberland Buildings. The prisoner is my wife—on 14th Nov. I was at home—she came in tipsy, and began calling me names—I did not like it, and I told her it was not her place to do such a thing—she began abusing me, and I shoved her away from me—she stabbed me with a knife on my shoulder—the surgeon saw me that night.
Prisoner. Q. Did you not strike me, and jump on my chest, with the knife in my hand? A. No, I never got off my chair.
WILLIAM SAINT . (Policeman, D 183). I saw the prosecutor just by Northumberland Mews, bleeding very much—he said, "I shall want you; my wife has been stabbing me"—his clothes were all bloody—I went into the house—the prisoner was sitting in a chair by the side of the bed—this knife was lying on the bed, near her left hand, and a small streak of blood was on it—I told her I should take her, for stabbing her husband—she said, "I did not do it; he did it himself, against the panel of the door"—there were two stabs on the prosecutor's coat, and he had one—this is the shirt he had on—the prisoner was drunk.
Prisoner. When my husband got up from kneeling on my chest and throttling me, he made to the door—there was a break in the door, and he did the wound himself.
Marylebone on the night this happened—I found the prosecutor in a very low state—he had a wound about an inch above the collar bone, on the left hand side—it could not have been formed by anything but a stab—it was such a wound as this knife would have made—the bleeding had just stopped, in consequence of a swelling which took place—there was only one wound.
Prisoner's Defence. He was more intoxicated than I was; I was only an hour and a half out, at market, and when I came in he said, "You b—wretch;" he began to swear at me, and knocked me down; I got up, and he struck me down again, and kneeled upon me; I got up as well as I could, and I found the knife in my hand; I worked harder to keep him than ever I did in my life; I never lifted my hand against him, but he has to me; I never had black eyes to go to gentlemen's houses till he gave them me.
GUILTY. of unlawfully Wounding. — Confined Six Months.
58. WILLIAM JONES (20) and GEORGE SMITH (22), Stealing in the dwelling house of Richard Browning, 260 postage stamps and other articles, and 2 buckles and other articles, the goods of John Giles, and burglariously breaking out of the said dwelling house.
SMITH PLEADED GUILTY .— Four Years Penal Servitude.
MR. W. J. PAYNE. conducted the Prosecution.
RICHARD BROWNING . I am a timber merchant, at No. 36, Windmill Street, near Golden Square. On the night of 2nd Nov. I went to bed about 11 o'clock—my staircase window was one or two inches open—I have a yard in front of my house, in which were two or three ladders—between 3 and 4 o'clock on the following morning I was awoke by what appeared to be a single knock at the street door—I listened and heard a noise below—I got out of bed and opened my bed room door—the sash of the staircase window was thrown wide open—I waited about a minute, and saw a light come on the wall, which disappeared again—I went to the head of the stairs, and saw two men in the kitchen on the ground floor—I called out to them, and then there was a shuffling noise—I stepped back, expecting they would come up stairs, but instead of that they went out of the street door and out of the yard—I ran down, and ran across the yard—when I got into the yard, they had just got outside the gate—they ran down the street; and when I got to the gate they had come back, and were exactly opposite me, and one of them dashed something to the ground—I then ran after them up the street—when they got to the top of the street they divided—one ran one way, and one the other—I followed Jones down Silver Street and down Great Pulteney Street, where he was stopped by a policeman—I never lost sight of him—I went back to my house, and when I got back to where I had heard something thrown down, I saw a tobacco box found—it was not mine—I searched my premises—the key had been taken out of my parlour door, and a desk in the parlour had been broken open—I missed some postage and receipt stamps, and a pair of sugar tongs—two other boxes had been broken open, and a wooden door in front of my safe—I saw a candlestick picked up in the yard; that had been stolen also—a pair of steps was placed against the staircase window, which had been in the gateway the night before—a jemmy was shown to me—I compared it with marks on the iron safe and other things, and they seemed to correspond.
Cross-examined by MR. SHARPE. Q. What street does your yard lead to? A. Little Windmill Street—my yard is about twenty yards long—I went
to bed about 11 o'clock—others went to bed after me—I cannot say whether the street door was fastened or not—I could not see the men's faces—they had their hats on—there is a wooden fence round my yard about fourteen feet high—the boards are about two inches apart, and I could see through—I could see in what direction the men were running—when I ran down I was perfectly naked—I do not sleep in a night shirt—I called out, "Stop thief!" as I ran along—I ran up Windmill Street to Silver Street, which is about one hundred yards—I suppose Jones was eight or ten yards before me when I saw him in Silver Street—he turned the corner, but he ran up the right hand side of Windmill Street, and Silver Street is on the left—he had to cross the street—I was on the same side that Silver Street is—I followed him down to Pulteney Street—he was about the same distance before me—I ran down the middle of Pulteney Street—he was on the right side—I lost sight of him a few minutes when he turned into Pulteney Street—I kept calling "Stop thief!" all the way I ran—when I caught sight of him again he was still running.
ISAAC PENN . (Police sergeant, C 42). On the morning of 3rd Nov., about half past 3 o'clock, I saw the prisoners come out of the little wicket gate of the prosecutor's premises—they turned down towards where I was standing—they saw me, and ran up the street—I followed them, and sprung my rattle—as I passed the prosecutor's gate he was coming out—we followed the prisoners—Jones went down Silver Street—I followed Smith down Pulteney Court, and saw him stopped by another constable—I found 225 postage stamps and 52 receipt stamps on him, two bottles, two eardrops, a skeleton key, some lucifer matches, a half crown, a sixpence, twopence, and a knife.
Cross-examined. Q. How far off were you when they came out of the gate? A. About forty yards—they came about twenty yards towards me—I followed Smith, and lost sight of Jones—I never saw Jones again till he was at the station—I am certain I saw these two men come out of the place.
EDWARD GOLDEN . (Policeman, C 85). On the morning in question I saw the prosecutor running with the officer, and following the two prisoners—I saw the prisoners separate—I ran another way into Pulteney Street and stopped Jones—the prosecutor was following him about seven or eight yards off—when I took Jones, he said, "Don't handle me; I have committed no robbery; I will walk quietly with you"—I went to the prosecutor's, and found this brass candlestick inside the gate—there was no violence outside—I found the boxes in the kitchen broken open—I found this jemmy inside the gate, and the marks on the safe and other things correspond with it—I found nothing on Jones but 8 1/2 d.
FREDERICK GILES . I live with my father, John Giles, in Mr. Browning's house—these articles are my father's—they were kept in a box in the kitchen—I was the last person in the kitchen that night—I went to the theatre, and I went into the kitchen at half past 11 o'clock—I locked the gate, and saw my mother lock the street door about 12 o'clock, when we went to bed.
MR. SHARPE. called
GEORGE SMITH . (the prisoner). I cannot say whether the prisoner Jones was with me in the prosecutor's house—I was so intoxicated at the time that I fell down in the Police Court—I do not remember seeing Jones till he was coming down to the station—I never saw him till that night.
Cross-examined by MR. W. J. PAYNE. Q. Do you know the Blue Posts? A. No—I do not know Mr. Scott, the landlord of the Blue Posts—I cannot swear whether I was drinking with Jones at the Blue Posts at 1 o'clock—I cannot say who I was with—I do not remember that Mr. Scott appeared at the Police Office the next morning.
JONES— GUILTY .— Three Years Penal Servitude.
GEORGE DUDLEY . (Policeman, N 488). On the morning of 17th Nov. I was on duty in York Road—I passed No. 4, and saw the prisoner come out of the window and run away—I ran about 100 yards and caught him—I gave him in charge to another officer—I went back to the house, and saw the catch of the window had been forced back—one shutter inside was raised up, and the other down—I had seen the prisoner in Canal Terrace about half past four o'clock—he was by himself.
Prisoner. I am innocent of what I am charged with.
He was further charged with having been before convicted.
THOMAS EGERTON . (Police sergeant, E 14). I produce a certificate from Mr. Clark's office—(Read: "Central Criminal Court; John Pybus, Convicted, March, 1856, of housebreaking and larceny; Confined fifteen months)—the prisoner is the person—I had him in custody.
GUILTY. †— Six Years Penal Servitude.
THIRD COURT.—Thursday, November 26th, 1857.
Before Mr. Common Sergeant and the Seventh Jury.
WILLIAM EDMUND STANTON . I am a clerk to a solicitor, and live at No. 19, East Street. On 9th Nov., about half past 12 o'clock in the day, I was standing in Thames Street, and saw the prisoner's hand in my right pocket; he took my watch out, and passed it to some one else—Cotterell took hold of him, and he was taken to the station—I saw three persons who were near run away—I have not seen my watch since—I was mobbed, and had my hat knocked over my eyes.
JOHN CHARLES COTTERELL . I was standing in Thames Street, and saw the prosecutor pushed about by the mob; he had his hat knocked over his eyes—I saw the prisoner with a watch in his hand, and the prosecutor's chain hanging down—the others ran away—I seized the prisoner's hand, and he passed it into the other hand, which he put behind him—I did not see him pass it, but when his hand was opened there was nothing in it.
hand through the prisoner's arm from behind, and took the watch from his hand—I got hold of his cuff, but a mob collected, and they threw me down and got away.
GUILTY .— Confined Nine Months.
MR. O'CONNELL. conducted the Prosecution.
JOHN GOLDING . I am a shoemaker, and live at No. 3, Union Street, Bishopsgate. I was at the corner of Finch Lane on 9th Nov., between 11 and 12 o'clock in the morning—the Lord Mayor's procession was coming up Finch Lane—I saw a crowd of men hustling a gentleman, and I saw the prisoner, who was standing with his back towards them, receive a watch, which I should say was silver, from another person, and place it in his waistcoat pocket—it was more like silver than gold—I collared him; he resisted me, and I called "Police!" several times, but they were all engaged with the Lord Mayor's procession, which was then coming up the lane—I never let go of the prisoner—after I had calked "Police!" I said to the prosecutor, "Sir, this man has got your watch"—I saw the gentleman in the middle of the crowd being hustled, and I said, "Here is a man that has got a watch, if you have lost one"—I could not get a policeman for a moment or two, till the officer that I gave him in custody to came round, and then I said, "This man has just stolen a watch, it is in his pocket"—while I had the prisoner another man came and kicked me in the leg, and said, "What has this man done? he has done nothing; let him go"—I said, "I shall not let him go; he has got a watch"—he came and tried to rescue the man, and then he struck me on the hat, and my hat went off—this transpired before the policeman came up—the policeman took him into custody—I did not see the watch found on him—I held him by the collar all the time till the policeman came up.
Cross-examined by MR. DOYLE. Q. How did you come to be there that morning? A. I was going to the other end of the town, and was there by accident—I have never taken anybody into custody before—I was standing in Cornhill—it could not have been more than two doors from Finch Lane—the gentleman was not in Finch Lane, but in Cornhill, two doors from the corner of Finch Lane—there was a great crowd.
RICHARD JOHN DAVIS . I am a clerk in the Bank of England. On 9th Nov., between 10 and 11 o'clock, I was endeavouring to make my way into Lombard Street, through Cornhill—there was a great crowd near Finch Lane—I felt a snap at my pocket, and missed my watch; it was a silver one—I collared a man who was close to me, and who I supposed had taken it; I accused him, and he denied it—Golding directly said, "Here is the man, Sir; here is the watch"—I then let go of the man I had hold of, and gave the prisoner into custody—I have not seen my watch since.
Cross-examined. Q. Were you assaulted or hustled? A. Yes—I laid hold of the person nearest to me, but had no evidence against him.
NOT GUILTY .
MR. POLAND. conducted the Prosecution.
THOMAS PHILLIPS . I am master of the West London Union Workhouse, West Street, Smithfield. I have known the prisoner for the last three years; he was an inmate there on 12th Oct.—on that morning, about 20 minutes past 8 o'clock, I went towards the men's hall, and met William Brendall, an inmate, with his hand over his eyes; I removed his hand, and saw that the eye was crushed, and blood was running down his cheek—I sent him to St. Bartholomew's Hospital immediately, in charge of one of the men—I then went into the men's hall, and said, "Who has committed this assault?" there was a pause—I said, "Who has done this?"—the prisoner said, "He struck me, and I struck him again"—I took him into custody—he is rather fond of drink when out, but is generally peaceable.
WILLIAM BRENDALL . On the morning of 12th Oct. I was at work in the work room; the prisoner came in, sat himself down at the same work table, and commenced taking my work from me, which was oakum—I told him that he should not take it from me, I had got it to do myself—he said, "I will let you know I will take your work from you when I think proper"—I said, "You shall do no such thing, I will do my own work;" and began to take it away from him again; he jumped up in a dreadful passion, I tried to get out of his way, and my hat came off; he seized me by the front hair, and commenced punching me with all his power; I kept calling out for assistance, but nobody came—he struck me several times on the head, and one blow in particular went right into my eye; I reckon that it must have been his knuckles—I made the best of my way into the passage, met Mr. Phillips, and was sent to the hospital—I had not struck him; I tried to get out of his way.
Prisoner. Q. What did I say to you? A. You are a man I never speak to, because I know your temper.
CHARLES COSTER . I was an inmate of the West London Workhouse. I did not see the first part of it, but saw the prisoner strike Brendall a violent blow on the left eye, while he was leaning on the table with his head down—I did not see Brendall strike him.
Prisoner. Q. Did you see him take a stick down from the wall, and hit me with it? A. No, nor did I see you take a stick from him.
FRANCIS WAKEFIELD SKEY . 12th Oct. I was house surgeon of St. Bartholomew's Hospital. I was there when Brendall was brought in—I found a wound on his eye, at the lower edge, through the inverting membrane, showing a wound through the cornea into the interior chamber of the eye, which was filled with blood—the lens is injured, and he has lost the eye; it will not recover—it must have been a very violent blow with the knuckles, a chance blow; a man might try to do it a great many times before he could do it, as the eye is so beautifully protected.
Prisoners Defence. I sat down to take some stuff, and he said that it belonged to him; I said, "That little bit shall belong to you," and handed it over to him; he took a stick down from the wall, and struck me with it; I took it away, and chucked it to the other end of the room; they have not brought the stick; I never said a word to him.
COURT. to THOMAS PHILLIPS. Q. Was there any stick there? A. Nobody told me that there had been any blow with a stick—I saw no wound on the prisoner—Brendall is very lame, and cannot walk without a stick, and there was a stick belonging to him there, but nobody knew anything about it, and I should say decidedly that the prisoner was not struck with a stick.
GUILTY .— Confined Nine Months.
THOMAS ROBERT HOLLINGWORTH . I am a book binder, of No. 11, Wine Office Court, Fleet Street. On the morning of 19th Nov. I missed some lead off a water closet in my garden, which I had seen safe at half past 1 o'clock in the night—my landlord's name is Francis Bartholomew—some lead has since been shown to me, which I have no doubt is mine.
OWEN LANGTON O'CONNOR . (City policeman, 370). On 19th Nov. I was on duty, at 2 o'clock, in Wine Office Court, and saw the prisoners in the garden of No. 12, which is next door to the prosecutor's—some lead was lying on the ground, and they were one at each end of it—I asked what they were doing; Kelly rushed towards the garden gate to get out, but I prevented him; he then got on to the top of the water closet, and attempted to jump from the roof into the court, but I prevented him, and he jumped into the garden of No. 11—I obtained my sergeant's assistance, and he arrested the prisoners.
Kelly. You said at the Guildhall that you saw me in a stooping position; I was easing myself in the closet. Witness. I am sure you both moved the lead; my light was turned on.
Kelly's Defence. I saw the gate open, and went to the closet, and the policeman came.
Cox's Defence. I was taken in the same way, but had to go outside on the stones.
KELLY— GUILTY .— Confined Twelve Months.
COX— GUILTY .*— Confined Eighteen Months.
MR. GENT. conducted the Prosecution.
JACOB FLECK . (through an interpreter). I live at Vauxhall. On 30th Oct., about a quarter past 11 or 11 o'clock at night, I was in Victoria Street, Westminster; two soldiers came up to me, knocked me down, and tore open my coat—they were knocking me about while I was on the ground—they tore away my watch, and gave me a blow on my forehead and another on my nose, and knocked one of my teeth out—I could not distinguish which took the most active part—they ran away, and I stood up, and called out, "Soldiers have robbed me of my watch out of my pocket"—I had not time to distinguish their features, but I believe the prisoner is one of them, the other was younger—I was not intoxicated—my watch was safe five or six minutes before; this is it (produced)—it was fastened by this chain which I have on, and which they snapped, and left it hanging round my neck.
WILLIAM CLAYTON . (Policeman, B 136). I saw the prosecutor running; he called out, "Soldiers took my watch!" and attempted to follow, but fell down—I saw a soldier running in front of him, who I followed, and lost sight of in Gardner's Lane, near the bottom of York Street, having first made a communication to another constable, Lavers, who went one way while I went another, and then saw the prisoner in Lavers's custody—I took the prisoner to the station; he was searched, but the watch not being found on him, he was discharged from the station about two hours afterwards—I went back with Lavers, and close to the spot where the prisoner was taken I found this watch under a heap of rubbish—I then concealed myself, and saw another soldier come up, look about as if he had been sent and then go away; he did not look under the heap.
ARTHUR LAVERS . (Policeman, B 69). I saw Clayton running in York Street; he spoke to me, and I saw a soldier who I had previously met walking; he had turned round into Blue Anchor Yard when I met him—that is a thoroughfare—he could not then be seen from York Street—he had turned the corner about four yards when I met him—from a description Clayton gave me, I turned back, and went a different way, after the soldier, and he went to meet him—I overtook him; I found he had made a stop in the yard, and told him I wanted him for a robbery of a watch in Victoria Street—he said, "Do you? I know nothing about it"—Clayton came up soon after—I searched him on the spot, but could find no watch on him—(I had no light at that time)—I took him to the station, and he was discharged—I went back, and found the watch on the very spot where I had taken the prisoner in custody half an hour before.
Prisoner. Q. Did you not stop, and have something to drink? A. I stopped in the street, and had a share of a pot of beer—I did not see the patrol passing—I do not think you made water in the yard, but you made a stop, as if buttoning up your trowsers, at the spot where I afterwards found the watch—you did not appear as if you had been drinking—I did not see four soldiers when I met you, but I know you named it at the station.
MR. GENT. Q. When did you have the beer? A. After the prisoner was discharged; it was brought out into the street to me, and I drank some—the place where the robbery happened was pointed out to me; that is about 500 yards from Blue Anchor Yard.
Prisoner's Defence. I was coming down York Street about a quarter to 11 o'clock, and knowing myself to be absent from my regiment without, leave, and seeing the Coldstream Guards come up, I turned up the yard, and said to the policeman, "Can I make water here?" he said, "Yes;" and when I was buttoning up my trowsers, he came up again, and said, "I want you for a robbery in Victoria Road;" I said, "I know nothing about it;" when we got to the Victoria, I saw the prosecutor with a common prostitute, so drunk that a man I know by sight was holding him up, and he could not stand in the Police court without being held up; I went with the policeman, and had some beer; I then went to the King's Head, and was going to bed, when the policeman came up, and said, "I want you again for this robbery," and I was locked up again; the prosecutor was with a girl on the streets and a man of very low character.
COURT. to WILLIAM CLAYTON. Q. Did a man come with the prosecutor to the station? A. Yes—he was not a person of bad character—he had seen the prosecutor fall—he had been speaking to me at the time—he has worked at a shop there twenty-five years.
GUILTY .—His sergeant stated that he had been in prison for desertion, and had only come out that day, and that he had served in the Crimea.— Four Years Penal Servitude.
MESSRS. POLAND. and METCALFE. conducted the Prosecution.
another man, I cannot positively say who—I thought it was Coward, but cannot swear to him—I served Allen with an Illustrated London News, and the other man with six raffle papers—I had to go to the back of the shop to get both articles, about forty feet at least; I came back, and gave them to the men, took the money, and they left—I had seven bundles of the London Journal, larger than this (produced)—I had received thirty-five reams of it, each containing 540 sheets, and seven of them were left on the counter—there were three lots of two, and one across them—I heard a noise when I was at the back of the shop, and looked up, and saw either one or two of the bundles gone—my counter is very high, and I was not aware but what the bundles were on the floor—I then went round the counter, and found that they were gone—I had no person in the shop—I had to go to the first floor before I could shut the shop door, and therefore thought best to let them go, as I knew Allen well—I gave information to the police—it had just struck 7 o'clock—they were afterwards taken into custody, and I was shown some London Journals, a similar portion to what I missed—only two persons in London publish them—they have a private mark on them—they were brought to me on Saturday night, to publish on Monday morning.
Cross-examined by MR. DOYLE. Q. How many quires are there in this bundle now? A. Sixteen, I believe—the bundle taken from me contained twenty, it was a little larger than this—I am able to swear to these being the same that were taken away from me—there was a mark on them, but it is obliterated now—one mark is here, and one is gone—they all go in consecutive numbers, and there are only three deliveries—mine begins at a certain number—I had not published a copy—after missing one bundle, I counted, and found I had only thirty-four bundles remaining—I have mine on Saturday, as a favour, to publish on Monday—other persons do not get them so early—the mark has been rubbed out, being in pencil—the number is put in red, in small figures—I do not find a private number on this paper—I only swear to it because it contains this particular number of the London Journal—I followed Allen to the door—he was not carrying any bundle—he passed my door not a minute afterwards, and I did not stop him—I knew it was gone before he left the shop, and I believe he took it, and gave it to a third party—I could not stop him when he passed again, because I had to put my shutters up—he had been in my shop once before that day for a stamped London News—I had not one to give him, and he went away—he afterwards came back, said that he could not get one, and wanted a blank one—I have known him fourteen or fifteen years—he has a shop in St. Martin's le Grand—he was a respectable man in the trade at one time, and in better circumstances than he is now.
Cross-examined by MR. RIBTON. Q. When did you count the thirty-five bundles? A. About 6 o'clock when I received them—I have seen Coward before.
MR. POLAND. Q. When you saw Allen go by the shop afterwards, did you see anything of a third man? A. No; my shop is about the length of this room from the corner.
COURT. Q. What do you mean by consecutive numbers? A. The whole bundle is numbered 1, 2, 3, and so on—I do not know what numbers I had—I know that these were a portion of my numbers, and were found at Allen's office—there is no private mark of mine on it—I did see a mark on the bundle first of all, but it got rubbed out, and I cannot distinguish it now—I cannot say that I saw any mark on the cover indicating the number.
Oct., I was on duty in Warwick Lane, and saw the prisoner shortly before 7 o'clock, at Amen Corner, with a third party, between thirty and forty yards from Mr. Clarke's—I went up to them, and stood and looked at them for about a minute—they walked up Warwick Lane—the prisoners went into Mr. Clark's, and the other man remained at the window—I then went round my beat, and shortly afterwards Mr. Clark came to me, and gave me some information—I went round Newgate Market, and met Allen in the market with Mr. Clark—I told him that I should take him into custody on suspicion of stealing a bundle of London Journals from Mr. Clark's shop—he said that he had never seen the bundle, and knew nothing of it—I took him to the station and searched him—the inspector asked his address—he at first said that he should not give it, and then he said, "I live at No. 19, St. Martin's le Grand"—after that he said, "That is not right; I live at No. 2, Wyndham Villas, Tottenham"—he was then locked up—I found a bunch of keys and a door key, with which I went to No. 15, Bath Street, Newgate Street—it opened the office door; that is a front room with a sitting room in the rear of it—it is merely a newsvending office—under the end of a sofa in that sitting room I found this bundle of papers on the floor—I took it to the station.
Cross-examined by MR. DOYLE. Q. Did you ever say before that you saw Coward and Allen together? A. I stated so to the chief clerk, but it was not put in the depositions, because they were not up at once—I mentioned about the third man on the first occasion—I also mentioned the third man stopping at the window—when I said that he was taken on suspicion of stealing London Journals of Mr. Clark, he said, "I never saw a bundle, and know nothing about them"—he did not say that his office was at the back of his old house, No. 19, St. Martin's le Grand—it is at the back of St. Martin's le Grand; but there are three rows of houses between, and it is on the opposite side of the way—there is a passage from Newgate Street to Bath Street seventy or eighty yards long—I went to Wyndham Villas, Tottenham, and found that he lived there with his family, but he carried on his business at No. 15, Bath Street.
Cross-examined by MR. RIBTON. Q. Have there been two or three remands? A. Yes—I did see Coward with Allen that night—I was within three yards of them when they went into the shop—I had seen Coward before, but did not know him by name.
ALFRED GEORGE PULFER . I live at Twister's Alley. I was employed by Allen at his office, 15, Bath Street—on Saturday, 24th Oct., about a quarter past 7 o'clock, a bundle of London Journals was brought there by Coward—he put it down by my side, and I put it on the step outside the office door, as Mr. Allen was out, and the door was locked—in two or three minutes Mr. Allen came home and asked me whether there was a bundle left—I said, "Yes;" and he took it up and carried it in.
Cross-examined by MR. DOYLE. Q. Were you not first called as a witness for Mr. Allen? A. I was called at Guildhall by him the first time—I have been some months in his service—I had been out collecting papers for the post just before 7 o'clock, and Mr. Allen had been doing so up to 6 o'clock—we had to make them up and get them off—he did not appear in a hurry when he came in—we were in a hurry to post some newspapers—it was not too late at a quarter past 7 o'clock—we paid a penny each, because it was after the quarter—we had not posted any before 7 o'clock—the question Mr. Allen put was not whether the papers were all in—he began packing them up directly, and then we went out together, and I left him at the top
of Bath Street—I did not see the bundle again till the police came—I did not rub anything off it.
Cross-examined by MR. RIBTON. Q. How many times were you examined before the Magistrate? A. Three times—on the first occasion Allen only was there—I knew Coward by sight, and I said that I could tell him again—he was before the Magistrate on the second occasion—the constable had not seen me before I went to give evidence on the second occasion—he did not tell me he had got the man—I went into a back place to see him—they brought him out for me to look at, and I said, "That is the man"—he was not placed along with others for me to pick out—I had no conversation with the police as to what evidence I was to give.
MR. METCALFE. Q. Were you called first by your master? A. Yes; to corroborate the policeman's statement—my master and I did not pack up any of the London Journals—we never had a bundle of the London Journal of this description in before—we never had one so large—I am sore Coward is the man who brought it.
CHARLES THOMAS GAYLOR . I am a detective officer. On 3rd Nov. I took Coward in Whitefriars Street—I knew him before, and Allen also—I have seen them together many times—I said to Coward, "I charge you with being concerned with Allen in stealing twenty quires of the London Journal at Mr. Clark's in Warwick Lane"—going to the station he said, "I did not think you wanted me for the Journals; I thought that was settled; I do not believe they will be able to identify me; I thought you wanted me about some tickets"—I had not told him anything about tickets—he said that he saw it in the paper—I found 1l. 0s. 2d. on Allen.
ALLEN— GUILTY . †— Confined Twelve Months.
COWARD— GUILTY .
He was further charged with having been before convicted.
JOHN MOSS . (City policeman, 225). I produce a certificate—(Read: Central Criminal Court; James Coward, Convicted May, 1854, of stealing books; Confined six months)—Coward is the person—he has also been summarily convicted at Guildhall in Sept, 1853, for stealing books.
GUILTY.— Confined Eighteen Months.
OLD COURT.—Friday, November 27th, 1857.
PRESENT—MR. RECORDER.; and Mr. Ald. HALE.
Before Mr. Recorder and the First Jury.
MR. SHARPE. conducted the Prosecution.
THOMAS MELLER . I live at No. 16, Charlotte Street, Goodge Street, St. Pancras, and am a boot and shoe maker; my house is in Goodge Street, at the corner of Charlotte Place. About 11 o'clock, on 30th Oct., I fastened up my premises—I came down the next morning about half past 6 o'clock, and went to unlock the door; it has two locks, one is a patent lock, Bramah's, and one is a common lock, and the door is lined with iron; I found the locks would not act—I put my foot against the door, and it flew open—they could not pick the patent lock, but they managed to unlock the common lock, and to force the box of the lock off the door: the staple remained, by that way they got admittance into the shop—I missed about 60l.
worth of property, fifty-nine pairs of women's boots, forty-one of men's, nine pairs of men's shoes, and twenty-two pairs of children's shoes—they were all safe on the night of 30th Oct.—the greater part of that property has been restored to me; I have lost to the amount of 3l. or 4l. now; I have a very large stock indeed, and I can hardly tell; they took as much as their sacks would carry—here are some of the boots and shoes (produced)—my handwriting is on every boot; I have looked over them all; my handwriting is on them all.
Cross-examined by MR. PHILLIPS. Q. When the boots are sold, of course the handwriting remains? A. Yes; it would require usage to wear it off, but they took odd boots, and those I never sell—I sell single pairs at a time—I hardly ever sell more than one pair to one gentleman; I do, perhaps, once in a year, sell two pairs.
EDWARD SMITH . I am a cab man, and live at No. 10, Upper Cleveland Street, Fitzroy Square. I have been a cab man about six years—on Friday, Oct. 30th, about a quarter or half past 10 o'clock, I was on my rank in Tottenham Court Road, and a person of the name of Onslow, whom I had known for about nine months before, spoke to me there, and engaged my cab—in consequence of that he came, with the prisoner Moore, at about 2 o'clock in the morning—my cab was still on the rank—they got in, and Onslow said, "Drive up Goodge Street"—they pulled me up at Charlotte Place—Moore was in the cab at that time—when I got to Charlotte Street, a third party came, and they both got out—the third party appeared after they got out—I could scarcely see where they went, but they were back in half a second—they went in the direction of Charlotte Court—it was scarcely a second or two before they returned—Johnson was the third party, he was with them then—that was the first time I had seen him, to my knowledge—they brought two bags which they carried amongst them, I do not know scarcely which, they were all together; at all events they put them in my cab, the three parties did; who put them in I cannot exactly say, and then Moore and Onslow got in—Johnson did not get in—I saw him again when I got to my residence—when Onslow and Moore got in, I asked where I was to drive to, and Onslow said, "Oh! go on;" I said, "Where to?"—he said, "Where you please;" I said, "I don't like that; have you got my fare?"—he said, no, he had not; he said, "Well, I must leave the things in the cab; I have no money to pay you; you know me, and if you take care of these things, we will fetch them in the morning, and pay you"—I had known Onslow as a man in the capacity of rubbing up cabs—I went to my own house with the cab and the goods, and took the bags in them—I suppose it was about a quarter past 2 o'clock then, or something like that—after I had left the bags at my house, I went to take the horse and cab home to the stables—I said to Moore and Onslow that I was going home; they said they were going my way, and they rode to the corner of the yard—when I had put up my cab I came out, and saw a fellow servant of mine, named Sleigh, and I walked home with him—I got home, I should think, about 3 o'clock—Moore and Onslow followed me, and another one with them—I think that was Johnson; I could not be certain, because they followed on the other side of the way—they followed me right to my door—they did not speak to me there—I went in and went to bed, and I saw them no more till the next morning, when I saw Johnson and Moore about half past 6 o'clock—they walked into my place, and I was in bed; they undid one of those bags and counted out a quantity of shoes, I should think 100 pairs, and they invited my wife to have a pair of shoes, and likewise the children; they said
there were plenty—of course it was refused—she said, "If you do not take those things away, I shall certainly fetch some one that will"—they both assured me that it was perfectly right, that there was no occasion to fear at all—they then went out—they had only stopped while they were counting the shoes, it might be ten minutes or a quarter of an hour—I was in bed while they were there—I got up after they were gone, and dressed myself—one of them, Moore, I think, brought another party in to look at the things—it appeared that they could not agree—nothing was said or done in my presence; they came into my kitchen, I was there—the third party looked over the shoes, and then they walked out together—they stopped there about a quarter of an hour doing that, and then Johnson came back directly, and took a pair of boots with him—Moore and Johnson were both in the kitchen when the third party was looking at the things—they left after that—I did not go to the police directly—Johnson came back the second time with some gin and beer—after that he went out again, and then I went down to Mr. Meller's, where I had picked these things up from—I saw Mr. Meller opening the shop, and saw him look aghast to see the things gone; I saw two inspectors, Pethers and Lambert, and I gave information to them of what had occurred, to Lambert, I think it was, and in consequence of that they came along with me.
Cross-examined. Q. Then I understand you, that Onslow was the man that was known to you? A. Yes—I have known him about nine months—he has not been employed cleaning any of my cabs—he has cleaned cabs in the same yard—you could scarcely get a word out of him there, he was always so quiet—he had never had a cab of me before this—I did not know Moore at all before that night—it was dark when they came to me at 2 o'clock in the morning—Moore did not say anything to me when he came—Onslow was the man who hired the cab, and told me where to drive to, and by his directions I came back to my house in the cab—they had no money—I went to the prosecutor's house, because I thought these things were not come honestly by, when they were counting them out, and could not come to any arrangement with the third party that came to buy them—the prisoners both assured me that it was perfectly right.
Johnson. It is false, he never saw me; he knows it.
JOHN PETHERS . (Police inspector, E). About half past 7 o'clock on the morning of 31st Oct. last I was outside the premises of Mr. Meller, in Charlotte Court, Goodge Street, and Smith made a communication to me—from what he said, I went to Cleveland Street, where I could command a view of his house—I went there about a quarter to 8 o'clock, and remained there till about a quarter past 10—it was nearly 8 o'clock when he spoke to me—I had examined the prosecutor's premises; I had been called to the matter—I saw Johnson admitted into No. 10, Upper Cleveland Street; that is Smith's house—he occupies the kitchen there—I followed him into the kitchen; and when there, told him I charged him with being concerned with others in stealing a quantity of boots from No. 16, Charlotte Street, Goodge Street, at the same time pointing to two sacks of boots that were lying on the floor of the kitchen—he replied, "There are others in it besides me; I only assisted in putting them in and out of the cab"—he did not say anything more—I took possession of the property—the bulk has been given to Mr. Meller—I took Johnson into custody, and remained in the premises till Moore came, and another man who has escaped—he was not Onslow, I have every reason to believe—I do not know Onslow, but the cab man knew him well; he was there at the time, and he said it was not Onslow—when
these two men came, they stamped at the railings outside the kitchen—I told the cab man to admit them—he went up and admitted them, and directly he admitted them he ran away, leaving the two men to come down of their own accord—I told the constable, 68, Lambert, to follow the cab man, and he took Moore into custody, and the other escaped—if we had had the assistance of the cab man we should have captured them both—I did not hear either of the men say anything when they came.
Cross-examined. Q. This is the first time you have stated about the cab man running away, and being in the house when these two parties came? A. I was never asked the question whether I was in the house when they came or not; but I was in charge of Johnson—I did not know Onslow—I never saw Smith before this to my knowledge; in fact, I was utterly astounded when I received the communication from him—he came up to me and made the communication voluntarily—I am certain I did not communicate with him, or give orders to communicate with him before—I took the boots and shoes to the station house—the prosecutor saw them there.
Johnson. I did not say there were more in it; those were the cab man's own words. Witness. I am positive he said, "There are others in it besides me"—he was the worse for drink at the time, but he knew perfectly what he was about.
JOSEPH LAMBERT . (Policeman, E 68). I went to the cab man's house on the morning of 31st Oct.—I was there when Moore and another man came together—I was in the kitchen when they stamped on the outside railings for a signal to be let in—the cab man went up, opened the front door, and let them in; he went away outside, and shut the door—they came down stairs—there is a passage into the back yard from the kitchen, and a recess or a sort of cupboard—I put myself in that recess—they could not see me; they passed me—as soon as they came up to the kitchen door, Moore knocked at the door—I put myself forward and said, "Who are you? what do you want?"—he said, "The boots, to be sure"—he looked round and said, "And who are you?"—I said, "I am a police officer"—I then told him that I should take him into custody for committing a burglary at Mr. Meller's, of Charlotte Court, and stealing the boots and shoes"—he said, "Well, if that is your game, you b—, I shall go"—I immediately said, "No, you won't"—I put myself in a position, but he knocked me down on the stairs backwards—he struck me with his fist—I then caught hold of his legs—we had a struggle—the other man ran over the top of us and got away—I struggled very hard to detain Moore—he got up into the first landing, and fell down into the back yard seven or eight steps—I still stuck to him, and captured him.
Cross-examined. Q. Moore said immediately, "Oh! the boots and shoes without any hesitation? A. Yes; and then I told him I was a policeman, and put myself in a position to seize him as soon as he turned round.
JOHN SLEIGH . I am a cab driver, and live at No. 9, Charles Street, Seymour Street, Euston Square. I am acquainted with Edward Smith—on the morning of 31st Oct. I saw him at the yard where the cabs and horses stand—he was putting up, as I had previously done—there was one person in the yard about twenty yards from the gateway—I had some conversation with him—I went with him towards his house, to the corner of Warren Street, in Tottenham Court Road—I cannot say how far that is from his house—I did not know till this occurred where he lived—this was about a quarter past 3 o'clock in the morning—when I was walking with him towards his
house, one person followed us, and one we met between London Street and Warren Street, who stopped and conversed with Smith, me, and the man that followed us up Tottenham Court Road—the man that followed us came up behind us, and we were altogether, and I wished them good night and went away.
COURT. Q. Should you know either of those again? A. Yes—Johnson is the one that followed us up Tottenham Court Road from the stable yard—Moore is the man that met us—I did not hear them say anything whatever—I left as soon as we got to Warren Street, and went away home.
Johnson. Q. I certainly did accompany Smith to the cab stand to see his cab home; did not I have something to drink with you and Smith? A. I did have some refreshment with you at the night house in Oxford Street—the tap is attached to the hotel.
(The prisoners were further charged with having been before convicted.)
JOHN SHERMAN . (Policeman, E 5). I produce a certificate—(Read: John Purver, Convicted at Westminster Sessions, Nov., 1854, of larceny, and confined twelve months)—Johnson is the person there referred to.
JOSIAH KING . (Policeman). I produce a certificate of Moore's conviction—(Read: George Mowatt, Convicted at Westminster Sessions, Feb., 1856, of larceny from the person; Confined twelve months)—Moore is the person—I was present at the trial.
Six Years Penal Servitude.
MR. RIBTON. conducted the Prosecution.
WILLIAM OLDHAM . I am a wine merchant, living at No. 15, London Street. The prisoner has been nine years in my employ—his salary was 100l. a year, which he drew weekly at 1l. 18s. 6d.—on 6th Nov. he asked me for 3l., for petty cash—that was the usual course—his own petty cash book will prove it—he was in the habit of coming to me weekly for petty cash—on Friday, the 6th, he came to me, and asked me for 3l.—I was in a hurry, and I gave him this cheque, in blank, signed in my name, and told him to fill it up for 3l.—on the Monday the prisoner did not come to business as usual, in consequence of which I went to his house, and saw his wife—I afterwards opened his desk at the office, and found there an invoice of a butt of wine, which ought to have been posted on the Friday—I then made inquiries about him, and on the morning of Monday, the 9th, I discovered that that cheque had been filled up to the amount of 92l.—my bankers sent the cheque to me on that day—the body of the cheque is in the prisoner's handwriting—I did not give him any authority to fill up the cheque for that amount—on the Tuesday, while I was at the office of my solicitor, Mr. Ennis, the prisoner came in, accompanied by Mr. Sherman—Mr. Ennis sent for a policeman, and he was given into custody—nothing passed about this cheque.
Cross-examined by MR. DOYLE. Q. I believe the prisoner is a young man of very respectable connections? A. As to his connections, I know nothing; but he was always a good and faithful servant to me up to the present time—his salary was 100l. a year, and there was a conditional agreement that he was to have 20l. added for 1856, and 35l. for 1857, provided that he always conducted himself honestly—I have not had many money dealings with him; I had one in particular for his benefit—I dare say in the
course of a year he may have got money for me on a post-dated cheque six or eight times; that was only for a day or two; no discount was claimed—that has occurred perhaps eight or ten times in the course of two or three years—he has never advanced money for Customs duties or dock charges on my account—the petty cash accounts were balanced every week by his taking out 1l. 18s. 6d.—I never gave him a bill of Exchange for the balance of what he had advanced for me; I have accepted a bill for 74l. or 75l. for him, at his request, to pay for some things that he bought at a rummage sale, which was duly paid at my bankers', and for which I have never received the full amount—I have never said that I owed him 15l., and that the balance was for his accommodation—I have never known him pawn any of his own goods for the purpose of raising money for me; I know that he has attempted to pawn mine—he did so once by my directions some years ago—no business has been done in his name beyond what is carried on by every merchant—there may have been wine in the docks in his name, I am not aware of it—many years ago I bonded wine in his name; it is the custom for a wholesale merchant not to bond wine in his own name, but in his clerk's—I am not aware that there is any wine of mine now in the docks in his name—I am not aware that he has ordered goods for me in his name and on his credit; he had that part of the business entirely under his own control; I am not aware of anything being done in his name—he has done business on his own account—I have never shared profits with him on wine, where he has paid the duty—I never had the slightest profit account with him—I have not brought actions in his name, or directed my attorney to do so—I never directed my attorney to sue in his name, nor ever gave the prisoner any such direction—(Looking at a letter)—I now understand; there was an inn keeper who owed me about 3l., and I acknowledge that I did, not to be mixed up in such a miserable concern, authorise him to go to any solicitor, and sue the man in his own name; I do not know how the debt was made his, so that he could sue in his name; my solicitor will tell you—I do not believe he ever did sue in my name—the wine had not been sold in his name, it was sold in my name—it was not bonded in his name—I have not had any bonded in his name for some years, to my knowledge—the butt of wine for the Earl of Leicester was not entered by me; it was consigned to Turk, Barclay, and Co.—the prisoner, when it was sold to the Earl, went to them, and requested, as I wished to forward it and pay the duty upon it, that it might be transferred, to pay duty; instead of which, he got a transfer, and took out a warrant, and it now stands in his name—I do not remember an importation by the ship Albiona, in 1855—I am not aware of a considerable quantity of wine being bonded in the prisoner's name in 1855—the prisoner was never engaged in any of my private matters—he was a young man I took an interest in—I was on no familiar terms with him; I never saw him after the hours of business—I wrote to him as "Dear John"—I have no doubt I wrote to him about the state of my affairs—in Aug. last I was a good deal pressed by one creditor—I had no idea of suspending, but for a particular purpose I proposed paying him 40l. a month; it was not a very heavy debt—the prisoner was not authorised by me to make advances to my son: it was quite contrary to my inclination that he did so; he is one of the fast young men of the present day, engaged in gambling, and I believe the prisoner pawned his watch for him, and gave him 15l., but I had not the slightest knowledge of it—I am not aware that he advanced about 17l. to my son—at one period, six or nine months ago, my son was entitled to receive 100l., which I allowed him; but finding he
got into bad company, I would not allow him to go to business, and from that moment he was not entitled to receive anything from the prisoner—I did not tell him to allow my son 2s. a day, or 12s. a week; since my son has not come to business I have paid him his money regularly—I am quite sure that the prisoner asked me for a cheque for 3l. on 6th Nov.—he said, "Give me a cheque for 3l., I want 3l. for petty cash"—I did not fill it up, being in a hurry, and for a long time I had a thorough confidence in the prisoner—I had a long indisposition, and did not come to town for twelve months, and I used to give him cheques, and he did not abuse that confidence—I have given him blank cheques when I was ill, and sometimes when I was in a great hurry, and a customer was waiting—I often filled them up myself, for my own expenses—I did not generally give him the business cheques in blank; he used to fill them up, and I used to sign them, for duties, or any large amount—I have given him blank cheques for petty cash, because sometimes he might have to pay 3l., or 3l. 10s., or 4l.—on this occasion he asked me for 3l. for petty cash, and I gave him the cheque, and told him to fill it up for 3l.—he was at my office all day on the 7th; I was not there myself—I understand that he made his appearance there on Monday, after business hours; we shut up at 4 o'clock—he came to my attorney's office on the Tuesday, because the police officer was on the look out for him—I believe I said to him, "Now, John, for God's sake, don't let this go forward; pay your debt, and have done with it"—he complained of my going, or sending, to his wife—I said if he did not hand over the money, I would give him into custody; he refused to do so—I did not say to him, after the policeman came, "I will give you a last chance; you shall come back to me, and nothing further shall he said if you will give up the money," nor anything to that effect—he made no claim for the amount that he had filled up the cheque for; there is his own handwriting in the petty cash book, to prove that he could have no claim—in Nov. last a person named Edwards made a claim against me for 132l.; it was an unjust claim, and I would not listen to it—I was required to pay 132l. into Court, but I did not do it, and the bill was not allowed to pass.
MR. RIBTON. Q. Did you instruct your attorney to defend the action? A. Yes, and there was a verdict in my favour—at the interview on the 10th the cheque for 96l. was not alluded to at all, only the cheque for 31l. 12s.—I think it was in Aug. last that the conversation occurred about an increase of salary; if he had conducted himself well for the twelve months, he would have had it—he had no claim against me; on the contrary, he was deeply indebted to me for previous frauds—at the time the blank cheque was given him nothing was said about any amount except the 3l.—I did not authorise him to put in anything but 3l.
WILLIAM BRADSHAW . I was in Mr. Oldham'a office at the same time as the prisoner—on Saturday, 7th Nov., he gave me this cheque, and directed me to take it to the bank and change it, and then go to the Bank of England and change the notes for gold—at the same time he gave me a 20l. note, for which I also got gold, and gave it all to him.
Cross-examined. Q. How long have you been in Mr. Oldham's office? A. Eleven months—I have observed the course of business while I have been there—I have known the prisoner advance money out of his own pocket for Customs duties—I have never taken him blank cheques from Mr. Oldham—I saw the bill for 75l.—I did not see it drawn; I believe it was for some goods which Mr. Oldham bought of him—I heard so from the
prisoner—I heard no conversation between him and Mr. Oldham at the time it was given.
Cross-examined by MR. RIBTON. Q. How do you happen to know that he has made advances out of his own pocket for Customs duties? A. Mr. Oldham has asked him if he would pay the duty on such a cask of wine—that was in July or Aug., and he paid some in May; I think I was present—I have seen Mr. Oldham give him cheques to pay duties; I generally changed them.
MR. DOYLE. Q. Have you ever pawned any property for the prisoner? A. Yes, I pawned a coat, waistcoat, and trowsers, of his, for 6l. for Mr. Oldham, about three months ago—I know what that was for, because I brought the money back, and the broker was waiting in the office for it; he was going to seize if he did not have his money—I think Mr. Oldham was in his room at the time; he kept going in and out—I am still in Mr. Oldham's employment.
MR. RIBTON. Q. Did Mr. Oldham see the broker there? A. Yes—I suppose he was going to seize all the things that were in the place—I do not know exactly what it was for; the amount was somewhere about 6l.—I swear that the prisoner pawned his coat, waistcoat, and trowsers, to pay that—I cannot say whether Mr. Oldham knew that; the prisoner sent me to his own house—I believe Mr. Oldham was in his own room at the time; I do not know whether he heard the message—I do not know what conversation they had between them—it was after a conversation with Mr. Oldham that this happened—the broker came from the Sheriff's Court; I do not know his name—it was a judgment against Mr. Oldham—I was not asked about this yesterday, and I said nothing about it.
WILLIAM OLDHAM . re-examined. I most solemnly deny what this witness has stated—I have had a judgment against me in the Sheriff's Court, and the moment the Sheriff came in I gave him a cheque for it; he would not take the cheque, and I sent for the money—the prisoner got the cheque cashed—he never pawned anything for me—I believe what this person has just stated to be as great a falsehood as was ever uttered—the judgment I refer to was about 40l.—it was about three months ago—I may have paid debts for my son, to save him from exposure, I have often paid debts for him—I never paid 6l. for him—I never directed the prisoner to pledge his clothes to raise 6l., and never knew that he had done so.
MR. DOYLE. Q. Will you say that no bailiff from the Sheriff's Court came into your office for 6l.? A. No, I will not say so; I say one did in one instance—something of the sort may have occurred for my son; I do not recollect it, but it was no claim on me, and I had no occasion to liquidate it—as against my son it might have happened, but not against me—I am not aware of it; it might have happened in my absence—I am not aware that the prisoner has paid money to get my son out of a scrape, further than the 15l. for a watch and some pins.
HENRY SAMUEL HALL . I am a clerk in the Commercial Bank of London. Mr. Oldham has had an account there for some time—this cheque was presented to me on Saturday, 7th Nov.—I paid it in a 50l. and a 20l. note, and 26l. 2s. 6d. in gold and silver, I believe to Bradshaw.
on 10th Nov., charged with embezzling several sums of money from his master—he told Mr. Oldham to be careful what he was doing.
Cross-examined. Q. Did you hear Mr. Oldham say anything to him about letting him go if he gave up the money? A. No.
GUILTY.— Recommended to mercy.—Judgment Respited.
NEW COURT.—Friday, November 27th, 1857.
PRESENT—Sir JAMES DUKE., Bart., Ald., M. P.; Mr. Ald. GABRIEL.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. CARTER. conducted the Prosecution.
FREDERICK WILLIAM JACOB . I live in Great Russell Street, Bloomsbury; I am one of the Committee of American Bondholders. About half past 12 o'clock on 9th Nov. I was going to the Bank; when I came to Threadneedle Street there was a great crowd, and the prisoner Harrison came facing me, and I felt his hand in my waistcoat pocket, tearing off my watch from my guard—I at once seized him, and called the police—a policeman came almost immediately, to whom I gave him in charge—from the time I felt his hands at my breast I never let him go—he struggled very hard—a gentleman at the same time pointed out Hunter as being the party whom he had seen receive something from Harrison—I did not see Hunter, for he was behind Harrison.
Cross-examined by MR. PLATT. Q. What time had you seen your watch safe? A. When I left my office in Austin Friars, ten minutes before—there were a great many men before me, but Harrison was facing me—there could not be another between him and me, and I felt his hand in my pocket, tearing the watch from the guard—I could not see his hand—there was a confusion round, but not just before me, because Harrison was exactly before me—there was a great crowd; I could make but small progress through the crowd—I had plenty of room to seize Harrison.
Cross-examined by MR. LANGFORD. Q. You were a little alarmed? A. I was excited
VINCENT PRIMET . I am a clerk at the Stock Exchange. On Lord Mayor's day I was opposite Finch Lane, in Threadneedle Street; there were a great many persons—I saw the prisoners there—I felt a pressure behind me; I noticed the prosecutor making his way through the crowd—Harrison came to him with his hands closed towards him, and in a second or two the prosecutor called out that he had lost his watch—I saw a great many persons behind Harrison, pressing on to his back—he held down his hands, and the prisoner Hunter came and stooped down, and took hold of each of Harrison's hands, and something passed from him, and it was handed amongst others that were there—I could not see what it was—I pointed out Hunter as the person I had seen take something from Harrison; I said that was the man that had received the watch—at that time Hunter was trying to make his way out of the crowd; I pointed him out, and he was taken.
Cross-examined by MR. PLATT. Q. It was not the first time you had been in a crowd? A. No—it is common for persons to press forward, but I have never seen a person pushing his hands to another person in that way—I never saw any one run against another person's chest.
Cross-examined by MR. LANGFORD. Q. You heard Mr. Jacob cry out? A. Yes, and then I saw Hunter; that was the first time I saw him—Hunter was trying to make his way back.
JAMES FRANKS . (City policeman, 634). I was on duty about 12 o'clock that day; I was in Threadneedle Street—I heard the cry of "Police!"—I hastened to the spot, and I saw Harrison struggling in the grasp of Mr. Jacob—Mr. Jacob said he had stolen his watch, and the last witness came up and pointed out Hunter, who was making his way through the crowd—I went after him, and brought him back—I took both the prisoners into custody—I found 5 1/2 d. on Harrison; the watch I did not find.
Cross-examined by MR. LANGFORD. Q. Did Hunter give his address? A. Yes, No. 5, Adelaide Place, Islington—I found that he lived there; he sells fruit—I did not find anything to his discredit.
HARRISON— GUILTY .
HUNTER— GUILTY .
Confined Four Months.
69. WILLIAM ATKINS (23) and MARGARET WATTS (50), Breaking and entering the dwelling house of Elizabeth Buck, and stealing 32 yards of silk and other goods, value 21l.; her property.—2nd COUNT., Receiving the same: to which
ATKINS PLEADED GUILTY .
MR. LANGFORD. conducted the Prosecution.
ELIZABETH BUCK . I am a milliner and dress maker, and live at No. 58, Poland Street, and am single. On 7th Oct. I resided at No. 45, Berwick Street—on that day (the Fast day) I went out at 10 o'clock in the morning; I left my room door locked, and had the key in my possession—I was sent for between 5 and 6 o'clock the same evening—I came back, and the first thing I observed in my room was a large box lying on its side, and it was completely empty—it had contained two rolls of black silk, one roll of black satin, one roll of green and brown glace silk, besides cashmere and merino dresses—I missed a soup ladle and some other things, which were in a writing desk, and six tea spoons; these are them—I did not give any one authority to go into my room during my absence that day—I found my door open; the lock of the box had been forced off—I had only that one room—I had my goods there; I had lived at my father's.
JAMES ELLIOTT . I live at No. 45, Berwick Street, St. James's. The last witness occupied a room in my house—on 7th Oct., about 4 o'clock in the afternoon, I was going down from the third landing, where I work—when I came down to the second landing, the prisoner Atkins was standing there—when he saw me, he knocked at a door on that landing, and inquired for Mr. Herne, a tailor—the person inside answered there was no such person; he then went down towards Miss Buck's room on the first floor, and I saw no more of him; I went back again to my work on the third floor—when I went down in the evening, between 5 and 6 o'clock, I saw the door of Miss Buck's room was open, and the boxes were broken open, and Miss Buck was sent for—Atkins had no business there; he was quite a stranger to me.
ELIZABETH PEPPER . I live at No. 45, Berwick Street. On 7th Oct., about 4 o'clock, the prisoner Atkins knocked at my door, and inquired for a tailor; I said there was no such person in the house, and he turned and
went down—between 5 and 6 o'clock I heard that the door of Miss Buck's room was open.
THOMAS WATERS . I am assistant to Mr. Cole, a pawnbroker, in Waterloo Road. I have some rings which were pawned with me by Watts, on 13th Oct., for 6s.—I have six pieces of silk, pawned for 3s. on 9th Oct., not by Watts, but by a person of whom I gave a description—I have a quilt, a remnant of cotton, and a remnant of stuff, pawned by Watts on 13th Oct., for 5s.
HENRY LINTON . I am assistant to Mr. Folkard, a pawnbroker, in the London Road. I produce six silver tea spoons, pawned on 8th Oct. for 1l. by a woman, in the name of Mary Baines, a little after 8 o'clock in the morning—I took them in, but I have no recollection of whom, or what sort of person.
MARIA MARSHALL . I live at No. 26, Greek Street. On Tuesday, 27th Oct., I saw the prisoner Atkins in the first floor back room in my house—I called my husband, he came, and gave him into custody; he tried to get away, but my husband held him—he said he would give all he had got if we would let him go—after ha was gone away in custody I found this little iron instrument in my house; it is like a jemmy.
VINCENT GUMMER . (Police sergeant, C 21). On 31st Oct. I went to the room of the prisoner Watts, at No. 46, Queen Street, New Cut, Lambeth—I found there two gowns, one black satin shawl, one butter knife, one silver mounted smelling bottle, two brooches, one guard chain, one pair of bracelets, one silk handkerchief, and a large quantity of silk cuttings—Miss Buck has seen and identified them all—I found sixty duplicates altogether under her pillow; one is for a bed gown, one for three rings, one for six pieces of silk and some cotton, one for six tea spoons, pawned on 8th Oct.—ten of the duplicates relate to property owned by Miss Buck—I went to look at the lock of the door of Miss Buck's room; I found it had been forced open, and when this little jemmy was given into my hand, I compared it with the marks on the door and the lock, and here is a piece of wood which the landlord cut out of the door in my presence; the marks on it exactly correspond with the jemmy.
Watts's Defence. I am quite innocent of the charge; I have known this young man for a long time, by washing for him; I know he has respectable friends in the country; he told me his sister sent these things to him; he asked me to pawn them for him, which I did, and gave him the money; he asked me to keep the tickets for him, and I did, not knowing that the goods were stolen. The prisoner Watts called
JOHN MOBBIS . I live in the New Cut, Lambeth. I have known Watts for twenty-six years—I know nothing against her, only the charge that I now have against her—she bore a very good character at one time.
Watts. I have pawned things for you, and given you the money; I pawned a rule, and I forgot to give you the duplicate, and you said that I took it from you; that is what you have against me.
WATTS— GUILTY. of Receiving.
70. WILLIAM ATKINS and MARGARET WATTS were again indicted for breaking and entering the dwelling house of George Rich, and stealing therein 7 gowns and other goods, value 14l.; his property.—2nd COUNT., Receiving the same: to which
ATKINS PLEADED GUILTY .— Six Years Penal Servitude.
MARIA RICH . I am the wife of George Rich; we live at No. 15, King Street, Golden Square, in the parish of St. James, Westminster. On 23rd Oct. I went out with my husband, about 1 o'clock in the day—I locked the door of my first floor front room; I left nobody in it—I locked the room safely and took the key—I returned with my husband at a quarter before 3 o'clock—I did not notice anything on opening my room door, but as I was going to light a fire I saw a box open, and I found some things had been taken out of it—they were all safe when I went away—I lost seven gowns, two shawls, three mantles, nine waistcoats, and other articles, worth together about 20l.—there are only four of the gowns here; these are mine—these two shawls are mine; two mantles were mine; they were given up to me, and are at home—these other things are mine—these waistcoats have my husband's name and address on them; I identified one shawl when Watts had it on—Atkins has one of my scarves round his neck now.
THOMAS WATERS . I am assistant to Mr. Cole, a pawnbroker, in Waterloo Road. I produce a night gown, pawned with me on 24th June, for 6d., in the name of Ann Barnes; I believe it was by Watts, but I cannot positively swear to her.
ALICE FENNELL . I pawned some articles at Mr. Vickers's, in Lower Marsh; I forget on what day, I think it was on 26th Oct.—I pawned this silk gown and gold chain, and a coat—Watts gave them to me to pawn; she asked me if I would raise the money on them, as she wanted it very particularly—she said they came from her sister—I got 30s. for them, which I gave to Watts.
VINCENT GUMMER . (Police sergeant, C 21). I went, on 31st Oct., to the house of Watts, in Queen Street, Lambeth—I found some duplicates under her pillow; one of them relates to the silk gown and chain and coat—I found four waistcoats, one pair of trowsers, twelve yards of calico, and some other things—I said to Watts, "Is your name Mary Baines?"—she said, "Yes"—I said, "I am come to search your lodging"—she said, "Very well; all that is here is mine"—when I found this calico she begged me to let her have it, as it belonged to the landlady, and she began to cry—this calico was identified by Mrs. Rich—here is one shirt partly made—Watts then said that the property there had been given her by her sister.
CHARLES COLE . (Policeman, A 317). On 31st Oct. I went with the last witness to No. 46, Queen Street—I saw Watts and another woman—we told Watts we came to search the place—she said, "There is nothing here but what belongs to me; you are quite welcome"—I looked round, and saw this waistcoat—I said, "How long is it since you have seen William Atkins?"—she said, "I don't know him;" she then said, "About three weeks ago"—I said, "Who brought this waistcoat?"—she said, "He did"—I asked if he was any relation to her—she said, "Yes, a distant relation"—we found a great number of things.
Watts's Defence. I never said Atkins was a relation of mine; he knows he says false; I hope you will have mercy on me; the things were brought to me; I have worked hard and lived hard; I have been for days and days and not had a bit to put in my mouth; I am innocent.
WATTS— GUILTY .— Six Years Penal Servitude.
THIRD COURT.—Friday, November 27th, 1857.
MR. GIFFARD. conducted the Prosecution.
PATRICK KING . I am nineteen years old; I have lived at No. 13, Stephen Street. On the night of Nov. 6th I was in Great James Street, and the prisoner followed me along the street, and annoyed me—I told her to go away—she said that she would not; she would have my life—she pulled a knife out of her pocket, and stabbed me in the cheek—a constable came, and I gave her into custody.
Cross-examined by MR. RIBTON. Q. What are you? A. A labourer—I have known her six or seven years, since she came from Ireland—she was living with me, but I never spoke about marriage to her—the banns were not put up by me, nor do I know that they were put up—I lived with her three weeks or a month as man and wife—I know her mother—I do not know whether she lived in the same room with her mother—she lived in the same house with her for seven years—I never went to the house to see her—I have only known her to speak to, five or six months—I first spoke to her in the street—I knew her brother, and she used to come to a public house to speak to him—she forced herself on me, and said that she would go and live with me—she has come night after night to the door where I lived, and asked me to go walking with her—she had left me voluntarily, on last Sunday week, between 7 and 8 o'clock in the morning, and this happened at 10 o'clock on the same evening—I did not turn her out—I was with my brother and three more young men, and she got hunting me up again—I did not tell her to go and get her living by prostitution, as I would not marry her—she had about 14s. belonging to me—I never used a knife to anybody in my life—she asked me three or four times to put up the banns, but I never consented—I did not go to Marylebone Church, nor did they refuse in consequence of my not living there—I did not go with her mother to Marylebone Church to put up the banns between myself and her daughter—we did not then go to Christ Church—I have never been there in my life—I am a Roman Catholic—I did not go to any house or office about putting up the banns—her mother did not tell me that the banns had been put up at Christ Church.
COURT. Q. Have you got that bandage round your head in consequence of the wound? A. Yes—I had three stabs on the head, and one on the cheek—the skin was broken in all of them—I bled much—I walked home—I was taken from the station to the dispensary, and had my wound sewn up, and was taken to my brother's house, and slept there.
Cross-examined. Q. Is it here? A. Yes (produced)—I saw it in her hand—I came up just as she stabbed him—I did not see any previous altercation, or see King strike her.
JOSHUA PLASKITT . I am house surgeon to the Western General Dispensary. I attended the prosecutor, and found a slight wound on the top of his head, a mere scratch, and one more serious on the lower part of his right cheek, a quarter of an inch deep, and two inches and a half long; it went to the bone—it was over the jaw—there was a good deal of blood about his clothes—it was such a wound as this knife would make.
MR. RIBTON. to PATRICK KING. Q. Was she standing at the door where her mother was living, when this happened? A. No, a couple of hundred yards from it, in Great James Street—she was not peeling apples with the knife—the knife belongs to me—she took it from my place, and carried it in her pocket all day—I saw her first in Stephen Street, at her mother's door, and I came out of a friend's house opposite, with my brother and two more—she followed me along Great James Street.
RICHARD WINNICOTT . (Policeman, D 154). I saw King in Great James Street, bleeding very much—I did not see the prisoner at first, but she came up in a minute or two—the prosecutor said that he would give her in charge, and she struck him a violent blow on the side of the head with her fist—I took hold of her hand to prevent her striking him again, and she said, "I will have your life"—he charged her with cutting and stabbing him—she said, "I done it, and I am satisfied; I will go to Newgate for you; it is where I want to go"—she repeated that several times on the way to the station, and also that she would have his life—House came up a minute or two after I took her.
Cross-examined. Q. Was she very much excited? A. No; she was laughing, and saying she was quite satisfied with what she had done; it seemed to amuse her—there was a great crowd.
WILLIAM HOUSE . (Policeman, D 85). I saw the prosecutor bleeding very much, and the prisoner in Winnicott's custody—I heard King's brother say, "She has got the knife in her hand"—he seized her hand, and I saw this knife in it, with blood dropping from it.
(The prisoner's statement before the Magistrate was here read as follows: "This young man promised me marriage; he went with my mother to Marylebone Church, but was too late to put the banns in; he told my mother to go and put the banns in Christ Church; they were out last Sunday; I asked him last Friday night when he meant to be married; he told me to go and do what I liked, that he had had a young woman before me, and he would have her again; on Saturday night he came home tipsy at half past 9 o'clock; he gave me his money before he came in, and asked me if I told my mother what he told me; I said I had not; he said if any one came into the room belonging to me he would stab them through with a knife; on Sunday morning I got up at 7 o'clock; he asked me what I was going to do; I said I was going to take a shawl home to a young woman; I took the shawl; when I came back the door was locked; I broke the padlock, and took my things out to my mother's; I did not say any more to him; I was standing at my mother's door; he asked me for a shilling, and I gave it to him; he asked me to have something to drink; I went with him, and had some beer; he came out from card-playing at 11 o'clock; I was sitting at the door, cutting apples with a knife; he began singing when he came outside;
I asked him where I was going to sleep to-night; he said I had better come along with him; I said I should do so; I went with him along Lisson Street; he told me to go back, and leave him; I said I should not go back, he had taken my character, and he might as well have my life; I still followed him, and he said, if I followed him any longer, he would stick what he had in his hand through my heart; I told him lie could do so, but I should do the same to him; he struck me on the side of the head; he struck me with a knife in the hand; I took the knife out of my pocket, and I stabbed him; I struck him once, and he gave me into custody; I gave the knife to his brother.") (The, prisoner received a good character.)
GUILTY. of unlawfully Wounding, under aggravated circumstances. — Confined Four Months.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
MR. C. E. COLERIDGE. conducted the Prosecution.
(The prisoner being a foreigner, the evidence was translated to him.)
WILLIAM THOMAS . I am a sailor on board the North Western. On 26th Oct. she was alongside the quay, in the Victoria Docks—about 7 o'clock that night I went to my berth, and found another man's clothes there—the prisoner jumped in after me, and I told him to take his clothes out of my berth; he would not, and I struck him with my right fist—he stopped me from throwing his clothes out, and pulled out his knife and stabbed me—I sung out, "I am stabbed," and saw a knife in his hand; I saw him drop it—I was taken to the hospital, and have been ill for a month.
JAMES BROWN . I am a seaman belonging to the North Western. I was on board on 26th Oct., and went down into the berths—the prisoner came down about 7 o'clock, and hove Thomas's clothes out of the bunk and put his own in; the prosecutor came down and asked if there was any supper, he was told that there was none—he said, "I will go to bed;" he went to his bunk, and Hill was there; he asked Hill to come out as it was his bunk, the prisoner said, "No, it is my bunk"—I did not see Thomas strike the prisoner, but he went to take the bed out, and the prisoner drew a knife from his left side, and sent it into Thomas's left armpit, and then into his stomach—I went to take the knife from him, and struck him, he tried to stab me; he dropped the knife, and I took it and gave it to one of the seamen on board—this is it (produced)—when I seized the prisoner, he said, "Me no knife."
MICHAEL POWER . I am a seaman belonging to the North Western. On 26th Oct., I went down to the bunks about 3 o'clock—about 6 o'clock I was; having supper, and Thomas came down, and said, "Have you had supper?" I said, "Yes"—he said, "I will go and turn in;" he went to the bunk, and said, "What is this in my bunk?"—I do not know what the Spaniard said to him, but they had some quarrel—T did not see the prosecutor strike the
prisoner, but I saw the prisoner stick him seven thrusts with a knife which I saw in his hand—Brown went to him, and wanted to know what he had done it for, and got the knife—I said, "Give me the knife, and I will cut a fin off of him?"—he gave it to one of the seamen.
PHILIP HUMBLEY BANKS . I am a surgeon, of West Ham. I examined the prosecutor on board the North Western; he had a wound under the arm pit, and a slight graze besides, and a stab about two inches below the chest bone; I did not probe it, but should imagine that it was nearly through—it was a dangerous wound—he was under my charge twelve hours, and has since been in Poplar Hospital—it was such a wound as might be made with this knife.
(The prisoner's statement before the Magistrate was here read as follows: "On 24th Oct., I went with about twenty others on board the North Western; the mate told us to arrange our clothes in the trunks below, and then to go on shore till Monday; the mate said he would take care of the keys; I went there on Monday, and found that the trunks were broken open, and the clothes taken away; I came on shore with eleven others, and went to the captain, and told him that the trunks were broken open, and they did not wish to go, but he said they must or go to prison; they then went on board about 3 o'clock in the afternoon; they went and arranged their things, and were then told to go to work to move the vessel; when they had finished their work they went to supper, and after that I went and sat on my trunk; this person, Thomas, told me that it was his trunk, but I told him it was mine; Thomas went to move the things, and I told him to leave them there as they were mine; Thomas struck me a blow on the face; the two witnesses, Brown, Power, and two others, set on me; when I got up, the witnesses had a knife each, and I called for the mate; I made my escape as fast as I could, and got into the captain's cabin, as I thought they were going to kill me; the constable came in the cabin with another man, I was pointed out, and I was taken into custody; about ten minutes afterwards the two witnesses, Brown and Power, brought the knife, and said they had found it in the trunk; the knife is not mine; I was at work without a knife; while I was escaping, one of them stabbed me in the leg; I have a cut in my trowsers; the blow missed my leg.)
WALTER TOPPER . I am a dock officer. There was no wound on the prisoner, neither did I know that he had stated it; but I found a hole in his trowsers last Tuesday—the case has been remanded three times, but he never said anything about a cut in his trowsers till last Tuesday—he did not complain of having been wounded.
Prisoner's Defence. The bunk was broken open, and my clothes were stolen.
GUILTY. of unlawfully Wounding, with great provocation. — Confined Nine Months.
JAMES BLADE . (Policeman, K 67.) On 2nd Nov., about 2 o'clock in the morning, I was on duty in Barking, and saw the prisoner—I stopped him, and said, "What have you got about you?"—he said, "Nothing"—I opened his coat, and found two dead fowls in his chest, which were warm—he said that he bought them in Whitechapel, and gave 10d. each for them—I searched him at the station, and found he had got a live tame rabbit.
out of six—there was no particular mark to swear to them by, but they were Dorking fowls, ten footed, and these were exactly like them.
Prisoner's Defence. Two men, who knew me as a soldier from India, sold me the two fowls and rabbit; I got drunk.
GUILTY .— Confined Six Months.
MR. COLERIDGE. conducted the Prosecution.
JAMES BONES . I am in the employ of Mr. Offin, of Halton Hall, East Ham. He rents from 300 to 400 acres in the Marsh—he had fifty eight cattle there on 8th Nov.—I counted them that afternoon, and they were all right—I went to the cattle market on the following morning; and saw the prisoners there—Bradshaw was sitting on a rail—George Matthews came up to him, and he said, "George, I have got to give you some money," tapping him on the shoulder—he said, "You have not got to give it to me; you have got to pay Tom Haydon"—he said, "No, I have to pay you," and he gave him 7l. 10s. in gold, and two half sovereigns—I did not look at the cattle that night, but my brother did—I missed one of them on Tuesday morning—I saw Bradshaw that evening, and said, "Joe, it is a strange thing; I lost a bullock on Sunday night or Monday morning, and cannot hear of it"—he said, "Well, I will bet my life it is not off the land; meet me to-morrow morning at 7 o'clock, or before, and bring your jumping pole with you; I will bet my life we shall find her before night"—I went home and went to bed for two hours, and went with him the next day to do so—in consequence of something Mr. Matthews said, I afterwards went to Mr. Wright's slaughter house—I found the skin at another Mr. Matthews's, in Long Lane, Bermondsey, along with some more skins in the yard—it is here—I have no doubt about it—I valued the bullock at 11l.; I find it cost more.
Cross-examined by MR. ROBINSON. Q. How long had you had it? A. Since 4th Sept.—it was a Welsh runt—there are two Mr. Matthews's—there is a slight mark on the skin, but there were other marks made by two short horned bullocks which gored this one on the left side—here is also a "W" on it—that was put on by Matthews for "Wright"—I do something in the cattle way myself, but only about four in the course of the season—Mr. Offin is very likely not aware of that—I have sold bullocks, and authorized another agent to sell them—I did not offer Bradshaw anything to say nothing about my selling a bullock—I know old Tom Cooper; he is fifty or sixty years of age—I did not offer Bradshaw anything in his presence not to say anything about my having drawn the bullock off Mr. Offin's twenty five acres—I did not have any conversation with the policeman on this subject last night—I did not tell the policeman that the bullock was not Mr. Offin's—the last bullock I sold weighed sixty or sixty four stone.
Cross-examined by MR. TYNDAL ATKINSON. Q. Did not you see Bradshaw at the market? A. Yes; about half past 6 o'clock, before it was light—he had nothing with him but his stick and his dog—Mr. Offin goes with me once a fortnight or once a month to look at the cattle, but I go twice a day to look at them—he never tells me when he is coming—he comes when he thinks proper—I have not seen him here—Bradshaw and I used to have a pint together, or a glass of ale—I have had no angry words with him—he was a witness against me at the Bow County Court, and I had to pay for it.
MR. COLERIDGE. Q. Do you keep any of your cattle with your master's cattle? A. I was never guilty of such a thing.
EDWARD BONE . I am a brother of the last witness, and work for him. On going to the Marsh on 9th Nov., I missed a black runt, which I had seen the night before at 3 or 4 o'clock—there were then fifty eight cattle—this (produced) is the skin of the runt which was missed—there are marks on it where another bullock gored it; two under the shoulder, and one under the arm.
GEORGE MATTHEWS . I am a cattle dealer at Bow. On 9th Nov., about 6 o'clock, I was in the New Market, and saw the prisoners there—Bradshaw said that he had got a small black bullock, which he would sell me, a runt; that it did not belong to him, but to Tom Haydon—he asked 8l. for it—I gave him 7l. 15s., and paid him about two hours afterwards—James Bone was sitting on the rail next to him when I was paying him—I afterwards sold it to George Wright, a butcher, for 9l.—I saw no marks on it—the skin was shown to me at the Police Court, and I knew it because I had marked it with a "W."
Cross-examined by MR. ROBINSON. Q. Did you see Haydon and the bullock together? A. No.
Cross-examined by MR. T. ATKINSON. Q. Was it bought in the ordinary way in the market? A. Yes—it was tied up there for anybody to look at.
MR. COLERIDGE. Q. Did you see Haydon and Bradshaw together that morning? A. Yes; after I bought the bullock.
GEORGE MOUNTFIELD . (Police serjeant, R 34). On 11th Nov. I met. Bradshaw, and I asked him how many beasts he brought out of Coal Hole Lane on Sunday night—he said ten—I said, "You had better get in the cart and go along with me"—we took him into Romford Market, and there we found Haydon, and told him we had come about the bullock—he said, in the presence of Mr. Offin, that he had bought it in the Cattle Market, he did not know of whom—Bradshaw said that Haydon had instructed him to sell the bullock—I took him to the station—I afterwards went to Long Lane, Bermondsey, and took possession of this skin, which I have had ever since.
JOHN SEABROOK . I keep the White Horse at East Ham. On Sunday, 8th Nov., the prisoners were there—Haydon dined and slept there, and Bradshaw was there in and out—they staid till about 11 o'clock, when I closed—I do not know whether they went away together.
Cross-examined by MR. T. ATKINSON. Q. Does Bradshaw frequent your house? A. Yes; he is employed to drive cattle to Smithfield—(The prisoner's statements before the Magistrate were here read as follows: Haydon says, "I bought the bullock at the New Cattle Market on Monday morning, about 7 o'clock, for 7l. 10s.; I stood by it about half an hour; I was bid 7l. by two or three different people—I wanted to go down to the railroad, and I asked Bradshaw to stay by it till I came back; and if he could make 8l. of it, to sell it—when I came back he told me had sold it to William Matthews for 7l. 15s." Bradshaw says, "I sold the bullock for 7l. 10s.; we, that is, Haydon, I, and Cumbers, went in and had a pint of ale, while Haydon was paying the man the money.")
COURT. to GEORGE MATTHEWS. Q. What time was it that Bradshaw told you he had a bullock to sell? A. About 7 o'clock—I could not say positively to half an hour—it was about two hours after that that he paid for it—I never saw him for two hours.
MR. ROBINSON. called
On 9th Nov. I was at the Islington Cattle Market about half past 5 o'clock, with a South Wales bullock, a runt, which I had bought of Mr. Bignell, of Southall—I sold it again—I enter in this book (produced) what I buy at the time—I sold it to Haydon, whom I did not know before, between 7 and 8 o'clock—I have seen him in the market—the bullock was not tied up—he was just in the market, and Haydon asked me what I wanted for him—I asked him 8l. 10s., and he gave me 7l. 10s.—I knocked my hand against his, which is the way we have of clenching a bargain, and then we went over to Packman's, where he paid me for it—I should not like to swear to this skin in the state it now is; it is not very easy without you have got a private mark, as there are so many beasts alike—it is very much like the one I sold—I afterwards gave information, and went to Romford—I saw Mr. Rawlins there on Wednesday night, and bought a cow of the same man that I bought the bullock of last Friday—that was the first bullock I bought.
Cross-examined by MR. COLERIDGE. Q. Did you ever pass by the name of Murphy? A. Yes; but I have not had dealings in that name—I do not answer to the name—my name is Hughes.
MR. ROBINSON. Q. Do they call you Murphy as a nickname? A. Yes; but it is very seldom that I answer to it—I have been on the market twenty years, and go to all country fairs.
WILLIAM CHESHIRE . I am a butcher, of Market Street, Dunstable. I am frequently at the Cattle Market at Islington—I was there on the 9th Nov., and saw Haydon and another person bargaining for a black bullock with two men whose names I did not know—the further one is one of them, and I recognise Mr. Hughes as the other—I saw that it was a Welsh runt, but did not examine it—I cannot identify it.
Cross-examined. Q. Did you go to the Police Court and give information? A. No; I was spoken to about it on Monday week in the Cattle Market by two dealers.
JOHN KEITH . I am a drover. I was in the market on 9th Nov., and saw Haydon talking with Mr. Hughes about a black South Wales bullock—I heard Haydon say, "Shall I have the bullock?" holding out his hand—Hughes said, "No, you must spring," which means, "pay a little more money"—he said, "No"—I came back and taw Haydon holding out his hand in this form, and Hughes walked up the alley for two yards, and then hit Haydon's hand—they then went towards Mr. Packman's public house, I did not see whether they went in.
Cross-examined. Q. When did you hear of this? A. On the next Friday, from one or two of the Romford people.
(The prisoners received good characters.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. COLERIDGE. conducted the Prosecution.
SOLOMON WHITTER . I am a linen draper of Stratford. The prisoner entered my service as assistant, on 3rd March, at a salary of 35l. a year—in consequence of information I received on 31st Oct. I marked a shilling and a sixpence, on the head of the coin, and gave them to Mr. Golledge—I went up stairs to dinner, leaving Mrs. Whitter in charge of the shop—she rang the bell for me, and I went down and asked the prisoner how much money he had received—he hesitated, and did not say; I said, "You had better tell me at once, because I know all that you have received"—I had a constable with me, and gave him into custody—he was searched, and the
shilling and sixpence which I had marked were found in his pocket with several other coins—he had no business to put money into his pocket—it was his duty, for every amount he received above 6d., to make a bill and have it examined by a second person, and pay the cash to the cashier immediately, before the customer left the shop—he would not give change from his pocket; the cashier would do that—I afterwards searched his boxes, and found a 5l. note and five sovereigns.
Cross-examined by MR. METCALFE. Q. Had you paid him any wages? A. Yes, every shilling that was due to him—I paid him monthly—when I came down stairs, the child who had come was out of the shop—my wife was in the shop—I cannot say whether she was looking for some velvet, but she was keeping the prisoner occupied—he went outside the shop to look in the window to see what velvets and ribbons were hanging there, but I do not know that he was looking for velvets for my wife—I do not know whether any hats were being made up at that time—we do make up hats—I believe there was a customer in the shop; I do not know what that customer was being served with—if they wanted velvets to trim hats with, they would have to be looked out, and he would have to go and look in the window to see if they were there—Mrs. Whitter had taken the office of cashier, because the cashier was at dinner—the cashier is a youth named Potter, but sometimes I act as cashier, and sometimes my wife—a person named Webbe may also act as cashier on an emergency—the cashier keeps the books, enters the amount, and files the ticket—it is the duty of the person receiving money to enter it in a book of his own, and the cashier enters it also: so that there are two entries—I charged the prisoner immediately I came down stairs—I asked him what he had in his pocket, and he produced the money from his pocket.
MR. COLERIDGE. Q. Where ought the money to have been put? A. There is a till, but it is not locked; if Mrs. Whitter received the money from the prisoner, she would put it in the till in the cashier's desk—there is not a till under the counter—the prisoner never acted as cashier on any occasion—if Mrs. Whitter received money, she would go and make an entry if the cashier was not present.
RICHARD GOLLEDGE . I am a watchmaker, of Stratford, and collector to the West Ham Gas Company. On Friday, 30th Oct., I was in the prosecutor's shop, and saw the prisoner serving a customer—he received 6d. and two halfpence—he went to the cashier's desk with it and put it on the desk, and then immediately put something into his waistcoat pocket, and when Mr. Whitter went to look what was there, there were the two halfpence—I mentioned it to the prosecutor—I went again to the shop on the same evening, and saw the prosecutor mark a shilling and a sixpence—I took them home and sent them to the shop next day by my daughter, aged eleven, to purchase two pairs of socks—she brought the socks back, and not the money.
Cross-examined. Q. Were you waiting to see Mr. Whitter? A. Yes; I went for the gas account, but he was up at dinner—the customer that came in was an elderly lady—there was no cashier at the desk—Webbe, the assistant, was in the shop folding up a table cloth at my right—I did not mention it to him—I wear classes occasionally, but I am very long-sighted—I was nearer to the door than the lady—the counter is longer than from me to you—the prisoner does not speak very plainly, he stutters sometimes.
MR. COLERIDGE. Q. How long did the halfpence remain on the desk? A.
About three minutes—Mr. Whitter came down, and I said, "I cannot leave without telling you what I have seen"—I could not see the halfpence distinctly on the desk, they were higher than where I was sitting.
Prisoner. Q. Did your daughter bring home an invoice? A. No; the customer takes the invoice for every amount received, from 6d. upwards—it was your duty not to let a customer go from the shop without a bill.
WILLIAM SOUTH . (Policeman). On Saturday night, 31st Oct., I was called into Mr. Whitter's shop—the prisoner was standing against the window, looking in—he seemed confused when Mr. Whitter asked him something—Mr. Whitter said, "I give him into your custody for robbing me"—I said, "We had better go in at the private door, as there are people passing"—we did so, and Mr. Whitter said, "Search him now"—I put my hand in his waistcoat pocket, and he pulled several pieces of silver out of his trowsers pocket, and this marked shilling and sixpence with them—he said, "Pray forgive me, for the sake of my friends," or "Will you forgive me, for the sake of my friends?"—I took him to the station.
Cross-examined. Q. Was it not, "Do not lock me up for the sake of my friends?" A. I am sure he said, "Forgive"—he did not give me an answer immediately—he seemed confused, and as though he could not speak for a minute. (MR. COLERIDGE. stated that the little girl was too young to be examined.)
COURT. to SOLOMON WHITTER. Q. You say that when you came down stairs the little girl was just out of the shop? A. Yes; that was Mr. Golledge's daughter—I knew her—she had some goods in her possession.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
WILLIAMS— PLEADED GUILTY .— Confined Twelve Months.
HYDE— PLEADED GUILTY .— Confined Six Months.
GRIFFITH— PLEADED GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
MR. BODKIN. conducted the Prosecution.
JOHN NEWELL . (Policeman, R 59). On the night of 30th Oct., I was on duty in New Road, Woolwich, and saw the prisoner coming in a direction from Woolwich Common; I was not in uniform—he was carrying a sack
on his shoulder—I asked him what he was carrying; he said, I think, "It is canvas"—I said, "Let me look;" I took it off his shoulder, and found that it was canvas—a sergeant, who was with me, took the prisoner—the sack was opened at the station, and found to contain this new canvas tent (produced)—it is quite new, and has the broad arrow on it in a number of places; it was in this bag, which has also the broad arrow on it, and the bag was in this sack (produced)—I asked him whose sack it was, he said that it belonged to him, and that he found the things on the Common—he said that he lived at No. 7, Downes Terrace, Plumstead Road—I went there, and in the front room, under a bed, I found this tarpaulin, marked with the broad arrow—I also produce three blankets, which are all numbered.
Cross-examined by MR. BROOKS. Q. Was he walking leisurely from the Common? A. Yes.
GEORGE FREDERICK BEST . (Police sergeant, R 61). I was with Newell when the prisoner was stopped—I asked what he had, he said he believed canvas—on the road to the station, he said that he found it on Woolwich Common—he gave his address, Downes Terrace—I went there with Newell, searched the house, and found three blankets on the floor, under the bed, not forming part of the bed.
ARTHUR GARDNER . I am sergeant major of the third battalion military train, encamped on Woolwich Common. These blankets and tarpaulin are the property of the Queen—I stamped the blankets; they were kept in a shed adjoining the stables, about 200 yards from the huts, where the men sleep—this tent is worth about 7l., these blankets, 16s. 9d. each, and this tarpaulin about 50s.—I know nothing of the prisoner.
Cross-examined. Q. Do you know when the prisoner was taken? A. On 30th Oct.—we last took stock on 16th Aug.—we have missed a great many things since we took stock; we were complete then, but now we find eighteen blankets short, three wagon covers, and a canvas tent; one of the wagon covers was marked "20," the same as this—the place is closed about 7 o'clock of an evening—a stranger could not go to the stores and get these things, they are under the eye of the stable guard, but a man could get from the stable to the stores—if a man was coming away with anything on a light night, the guard would be sure to see him; but there is only one sentry, and the place is 100 yards long.
DANIEL DOWLING . I am lieutenant and active adjutant of the third battallion military train. The prisoner was formerly in the Royal Artillery, he was discharged about four years ago—I did not know him at Woolwich when he was in the artillery, but I knew him afterwards—the corps to which he belonged was at Woolwich; he was at Portsmouth some years, and I believe he was discharged at Woolwich previous to their going on foreign service—I have seen him on several occasions near the huts, which excited my suspicion; and on the Sunday previous to the 30th Oct., I paraded the men for Church, I went into the office, and a few minutes afterwards I went to the door and saw the prisoner standing between my office and the staff; in a few minutes he walked away with two privates in the direction of the stables, which are in connection with where the military stores are kept; he had a bag or bundle under his arm, and I remarked, what could he possibly be doing, going in that direction at that hour?
Cross-examined. Q. Did you go and ask him what he had got? A. No.
GUILTY.— Judgment Respited.
MR. PHILLIPS. conducted the Prosecution, and MR. COOPER. the Defence.
GUILTY. on 2nd Count. — Confined Twelve Months.
Before Mr. Common Serjeant.
MR. ROBINSON. conducted the Prosecution.
HENRY MONK . I have a stand in the Borough Market. The prisoner delivered these three bills to me, dated 18th Oct., 25th Oct, and 22nd Nov.—I paid him the amounts that are down here—I saw that the bills were correct, and I kept them on my file—I have frequently seen the prisoner since then, and he asked me to destroy some of those bills—that was after 24th June this year—he said I could very easily do so—I declined to do so.
Cross-examined by MR. SLEIGH. Q. How long have you known the prisoner? A. Ever since he has been beadle, about sixteen years—he only collected for about twelve months—he was very well respected—he is an illiterate man; I cannot say about his writing his name, but he is not much of a scholar—I know these tolls are not due on any particular day, but on different days—the bills are sent in once a week—some tolls are collected on Monday, some on Tuesday, and the amount is the whole—one day might be 5s., and another 1l.—these are the bills which he handed in to me before I paid him the money—we never look for a receipt—I paid him the money without a receipt—I was here last Sessions when the prisoner was tried, and I was examined as a witness to the same kind of matter—I gave the same kind of evidence I have now, only this is a different charge, a charge on which I went before the Grand Jury this very morning—Mr. Baron Martin tried the case last Session, and the prisoner was acquitted; and he was tried on another indictment, and was acquitted—I gave the same evidence about destroying the bills—the prisoner did not tell me in the first instance that he had been before the committee, and, being an ignorant man, and not able to write, he had got into confusion; he told me so when he had been; he went before the trustees week after week, as was his duty to go—that was before he was given into custody—he did not run away.
MR. ROBINSON. Q. Have you produced all the bills you can find? A. Yes—I had paid the prisoner a considerable amount of money last year—I cannot say that I have preserved all the bills—I brought all I could find—I paid the prisoner the amount of these bills that I gave to Mr. Sturmey.
MR. SLEIGH. Q. What amount may you have paid him? A. 50l., and there were other persons paying him equal amounts, perhaps twelve or fourteen.
HERBERT STURMEY . I am clerk and solicitor to the Trustees of the Borough Market. Mr. Tomkins is one of the trustees—the prisoner was appointed to collect the tolls in June, 1856, and so remained till June, 1857—it was his duty to account to me—it was his duty, when tolls were received, to put them in this book, and it was his duty subsequently from this book to make out the bills for the customers, and afterwards to enter the weekly result in the ledger, and to produce that to the trustees—it is entered in the ledger
by weeks—this is the daily book—it here appears that what was due from Mr. Monk on 18th Oct., 1856, was 1l. 13s. 4d.—I believe this is the writing of the prisoner's eldest son—this is the bill of 18th Oct., it is the prisoner's writing—I have seen him write frequently—the bill is 2l. 9s. 2 1/2 d.—in the ordinary course, the trustees would never see the bill—here is in the ledger the amount to Mr. Monk of 1l. 13s. 4d. for the week ending 18th Oct.—if the prisoner had received 2l. 9s. 2 1/2 d. it was his duty to have entered that amount in this book, in the ledger, and in the banker's book—I have the banker's book here, and that corresponds with the amount in this book—for the week ending 25th Oct. here is entered 1l. 13s. 4d. for that week, and the bill for that week is 2l. 0s. 8d.—this is the prisoner's writing—in the ledger the entry is 1l. 13s. 4d.—for the week ending 22nd Nov. the entry is 16s. 8d., and the bill, which is the prisoner's writing, is 1l. 10s. 6d.—in the ledger there is the entry 16s. 8d.
Cross-examined. Q. Has this matter ever been inquired into before a Magistrate? A. No—the prisoner was known to me in his capacity of beadle before he was appointed collector—if he had not conducted himself in a very exemplary manner he would not have been appointed collector—I believe this day book is the prisoner's son's writing—I should not say the prisoner is very illiterate; he cannot write very well—there is not another book besides those I have here which was used in the first instance when tolls were collected—I presume this one to be the toll book—the goods are carted by porters—the porters report to the prisoner the goods to each party, and he enters it in this book—I never heard of another book called the toll book in which such tolls are entered—here is a book called the rent book—these amounts are collected by the prisoner—he was to receive casual rents as well—these sundries mean sundry rents—a certain number are regular standers, week by week; he takes their tolls by name—other persons come casually; he does not know their names, and he puts "Sundries"—the sundries comprise the amount of tolls he receives from casual persons, not standholders—this name "Levy" is, I believe, a porter, who made a return to the prisoner—this entry, "Cases and rail," are cases which come by rail—the rents are entered in this part—we have no means of checking the prisoner with respect to the sundries—they might be double what he enters for what we know—the sundry tolls are very trifling—some are a halfpenny a basket—these amounts are made up of the small tolls—when this matter was first investigated it was before a committee—the prisoner attended as a matter of course, as beadle—he was not in custody.
Q. When this matter was mentioned, did not the prisoner say, "Every shilling I received I always paid in"? A. I do not know that he said that, but he justified himself—I believe he said that he had accounted for all he had received—I think there were about three meetings that he attended before he was taken into custody—I forget whether it was in Sept. or the latter end of Aug. that he was taken, but he was not given into custody till some time afterwards—I gave intimation to the prisoner of these charges, when I knew what they were; I wrote him a letter—that was on Saturday—I did not tell Mr. Solomon before that notice that I should proceed with this indictment.
MR. ROBINSON. Q. Had you a good opinion of the prisoner? A. Yes—I had no reason to suspect him till this was discovered, or a little time before—a committee was appointed to inquire—there were two or three charges entered into, and it was understood there would be others—I presume the sundries would be paid for at the time—Mr. Monk's was paid once a week—I
cannot explain how it happened, that if a mistake was made by putting more into the sundries than he ought to have done, that a larger amount was put into his bills—I have looked at the bills which Mr. Monk has got; the amount of them is 50l. or 60l.—the amount of the prisoner's accounts is about 30l.
JURY. Q. What was the prisoners salary? A. 1l. 10s. a week.
(The prisoner received a good character.)
NOT GUILTY .
MR. ROBINSON. conducted the Prosecution.
Cross-examined by MR. SLEIGH. Q. Can you tell when you paid this bill? A. I cannot tell how long after 24th June; it might be a week or two, I think not longer than two weeks—when this bill was brought it was not added up; it was added up afterwards, to get the sum total—I cannot say who added it up—it is not my writing—it was brought to me with merely the dates and the number of baskets—I did not know what he had to receive till it was counted up—he left it for me to go over my books—I do not know who wrote the "1l. 10s. 3d. "; it is not my writing—this "726" is my writing—on my ascertaining the amount, I paid him, some time after he brought the bill—he brings round the bills to the persons in the market, and leaves them—he goes from one to another, collecting his toll—he may borrow a sieve to put the toll in; it is frequently in copper.
HERBERT STURMEY . This is the account in the prisoner's book, in which he books the number of baskets—on 2nd June there is no entry in the book, but in the bill there is an entry of twenty packages; that is made by the prisoner himself—on 3rd June there are twenty in the bill and twenty in the book, but there is also an entry of five in the bill which are not in the book—on 4th June here are twenty-five in the book, and in the bill fifty—on 5th June there are forty in the book, and in the bill seventy-seven—the total number of baskets which appear in the book as brought in the month of June is 271, and in the bills they are 726—the amounts in the ledger and in the banker's book precisely correspond with this book.
Cross-examined. Q. This book, you say, is not the prisoner's writing? A. I do not know whose writing it is; I believe it is his son's writing—the bill is the prisoner's writing—the names of Hill and Day are here; I believe they are porters—I presume they are the porters who brought the goods—these casual rents, I suppose, are carts, and they are carried to another book—I do not know whether there was a distinction between packages and half packages.
MR. SLEIGH. to HENRY MONK. Q. Is it not the fact that you pay for half the number if they are not all whole packages? A. If they are only half packages, fifty would be put down as twenty-five.
MR. ROBINSON. Q. Were the books, whoever they were written by, produced by the prisoner to be examined? A. Yes—over the sundries we have no check at all—I know nothing of Hill and Day—Mr. Tomkins is one of the trustees, and there are others.
THOMAS BAILEY . I am a trustee, and on the local committee of the Borough Market. I recollect the prisoner giving these books to me on the week ending 24th June—here are my initials every week—this day book is in the same state in which the prisoner gave it to me—the amounts of what the prisoner said Mr. Monk owed was, in the first week in June, 3s. 6 1/2 d.;
for the week ending 13th June, 2s. 11d.; for the week ending 19th June, 4s. 10d.—these were the whole amounts that he assumed to be due from Mr. Monk; and in the ledger here is, "Mr. Monk, 20th June, 4s. 10d. "; on the 13th, 2s. 11d., and on the 6th, 3s. 6 1/2 d.—I have examined the bank book, and find these amounts were paid in.
MR. SLEIGH. to HENRY MONK. Q. Is this toll on baskets brought into the market? A. Yes—if twenty or fifty baskets are brought to my place, I have to pay the toll—the collector mostly comes round and sees how many baskets there are—I do not know how he manages to take the number—he goes to the carmen—Lay is one carman—Day is a man that brings goods; his name is on the van—the collector would have to rely, to some extent, on what these men would tell him.
MR. ROBINSON. Q. Looking at this book in his writing, is it perfectly clear that he had a correct account of what you had? A. Yes.
MR. SLEIGH. Q. Can you tell me from your memory the number of baskets? A. No—I have no books here to tell the number—of course it was correct, or I should not have paid it.
NOT GUILTY .
(There were two other indictments against the prisoner, on which no evidence was offered).
PLEADED GUILTY .— Confined One Month.
MESSRS. CLERK. and POLAND. conducted the Prosecution.
HENRY BEVIS . (Police sergeant, N 1). I produce a certificate of a conviction, from Mr. Clark's office—(Read: "Central Criminal Court, May, 1852; John Fitzgerald, Convicted of uttering counterfeit coin; Confined one year") the prisoner is the person—I was a witness in the case.
PARNELL POPE . My husband keeps the Royal Oak, at Camberwell. On Saturday, 24th Oct., the prisoner came to the bar about half past 11 o'clock at night—I served him with a pint of ale—he did not bring anything for it; but there was a pot on the counter, and he told me to fill it—the price was 5d.—he gave me a half crown; I tried it on the counter, bent it a trifle, and said, "This is a bad one"—he said, "Is it?"—I gave it to my husband, who was on the other side of the counter—a constable was sent for, and the prisoner was taken into custody—after he was taken away, two hats were brought in by Maria Hull; I put them on the side of the counter—one was fetched away by the constable, the other remained till the Sunday morning.
Prisoner. It was half past 9 o'clock when I came in Witness. No, it was half past 11 o'clock—I do not remember that I took a half crown of some other man that night fortnight—my husband said that he had taken a bad half crown a fortnight before—I did not say that you were not the man—he said there was one taken, and he thought it was you that passed it—the half crown that was taken a fortnight before was not in the shop on that Saturday night; it was thrown away.
EMANUEL GEORGE POPE . I keep the Royal Oak, at Camberwell. On 24th Oct. the prisoner came, and I saw my wife serve him the ale—he gave her a half crown; she took it up, and said, "This is a bad one"—I said, "Let me see it"—I took it out of her hand, and held it till a policeman came—I bent it double with my teeth—I looked at the prisoner, and said,
"I think you were here about ten days or a fortnight ago, and gave me a half crown of this sort before; you must wait till I get a policeman"—the prisoner laughed at me—he wanted to go, and pushed towards the door—I stood at the door, and would not let him go—when the constable came, I gave him the half crown which had been in my hand—I assisted the constable to take the prisoner to the station for about 100 yards, and then the prisoner said, "What have you got to do with it? I can go quiet enough without you"—I let him go, and he immediately got away—we caught him again, and he immediately threw the constable—he threw him three times, and was very violent—I saw the two hats fall off in the scuffle, the policeman's and the prisoner's—I called to George Hull to pick them up and take them home, and he did—when I got to my home, I saw one hat there, and on Sunday morning I gave that hat to George Lewis, to take to the constable—I had taken a bad half crown ten days or a fortnight before—I had thrown that away by the Elephant and Castle.
Prisoner. Q. How long was it from the time I lost my hat before it got to your shop? A. I cannot tell—I went to the station with you—I did not tell the man on Sunday morning to take that hat from under the counter—when he came into my shop at 1 o'clock on Sunday, he had a pint of beer—I took your hat from under the counter, and asked him if it was any use to him—I saw you with a hat on, but you were rolling about in the road with it—when Lewis came into my house on Sunday, I took the hat, and said, "I believe this belongs to the man we took to the station; go to the policeman, and give it him"—he took the hat, and put it on his head—he took it off, and a half crown in a piece of brown paper dropped out of it, and I marked it, and gave it to the policeman—he marked it in my presence—the policeman did not search you at my bar—I do not believe you stood there a minute after he came—I just ran and fetched my coat—I did not swear I was outside the door when the half crown was passed—I was at my wife's side.
MR. CLERK. Q. You say Lewis came in your house on Sunday? A. Yes, accidentally—I had not touched the hat on Sunday morning before Lewis came—I never took it off the floor—I did not place anything in the hat on Sunday morning—I saw the half crown drop out of it.
GEORGE HULL . On Saturday night, 24th Oct., I was in the Royal Oak—the prisoner was there about half past 11 o'clock—I went to look for a constable—I saw the prisoner go away with the constable—as they were going along, the prisoner escaped; he was taken again, and they had a scuffle—both their hats fell off—I took them both up—I put one on the policeman's head; I offered the other to the prisoner, and he would not take it—my father came and snatched me out of the mob, and snatched the hats from my hand, and gave them to my sister.
Prisoner. Q. How long had you my hat before you offered it to me? A. Not a second—it was before you was up again—I had the hat in my hand a quarter of an hour—I had the two brims of the hats both together—I do not think anything could fall out—I do not think my sister had them two minutes in her possession—I never told her to swear that she had your hat only two minutes—I believe she did say a quarter of an hour—I did not speak to her.
COURT. Q. Did you mention the hats to her? A. Not that I am aware of—I saw the hats fall off—the prisoner's hat fell but once—it fell off his head when he was on the ground—it rolled off—I do not think a half
crown could have been in it, and not fall out, with my picking it up, handing it to my father, and he to my sister.
MR. CLERK. Q. If a half crown had been inside the lining, might it have remained there? A. Yes.
JURY. Q. Have you had any conversation with your sister about this? A. No, nothing has passed about this.
MARIA HULL . I am the sister of George Hull. I recollect the prisoner being taken from the Royal Oak to the station—when we were down by the White Hart, my father gave me two hats, the constable's and the prisoner's—I did not see the prisoner's hat fall off—I took both the hats to Mr. Pope's beer shop—nothing fell out of either of the hats as I took them along—I did not put anything into them—I gave them to Mrs. Pope in the same state as I received them from my father—I saw my father take them from my brother George—they were the same two hats—I had them about ten minutes.
Prisoner. Q. Did you not say you had my hat a quarter of an hour? A. Yes, and my brother said to me, "Not so long"—I do not know whether your hat was broke—I did not look at it—I only know that I had two hats, and I took them to the beer shop—I put the constable's hat down on the counter, and your's on the top of it.
MR. CLERK. Q. Did your brother tell you what you were to say about how long you had them? A. No; I said I had them ten minutes or a quarter of an hour, and my brother said, "Not so long, I think."
GEORGE LEWIS . I live in Amelia Street, and am a chimney sweeper. I went to the station with the prisoner—I saw him chuck the constable down once—I did not see anything happen to their hats then—on the Sunday I went to the Royal Oak about half past 1 o'clock—Mr. Pope gave me a hat, and told me to give it to the constable—I placed it on my head, and it came down over my eyes; I took it off, and the leather lining drew out, and a bit of paper fell from between the leather lining and the silk lining—I opened the paper, and there was a half crown in it—Mr. Pope told me to take it to the police station—I marked it, and was going, but I was fetched to a chimney on fire—I put the half crown into my waistcoat pocket, and kept it till Monday morning, when I gave it to the constable—I did not receive any half crown at the fire, I got a half sovereign—I gave the half crown to the constable on Monday morning, about 10 o'clock, before I had changed the half sovereign.
Prisoner. Q. Did not the landlord take my hat from under the counter, and ask you if it was any use to you, and you looked at it, and said it was not, and while you were looking the half crown fell out of it? A. No—I went to Lambeth Police Court, and met the policeman; I told him I had got your hat, and found a half crown in it—I gave it him—it was wrapped in a bit of brown paper—I did not tell him the half crown was on my table—I said the hat was on my table—I gave him the half crown—I saw you in custody—I only saw you throw the policeman once, but you chucked him down three times.
GEORGE PUCKETT . (Policeman, P 237). On Saturday night, 24th Oct., I was sent for to the Royal Oak—I took the prisoner—the half crown was given to me by Mr. Pope—when I had got the prisoner, he said, "It is only one piece, you cannot do anything with me"—he broke from me; I ran, and got him again—he threw me down three times, and in the scuffle my hat fell off, and so did the prisoner's—I called for assistance, and took
the prisoner to the station, without the hats; I did not know who had them—I searched the prisoner, and found nothing on him—my sergeant went to the Royal Oak, and got my hat—I saw Lewis on the Monday, in going to the Court—he gave me a bad half crown—I am not sure whether he gave it me in the street or in the Court—he said he found it in the hat—he had not the hat with him—I went and fetched the hat which was in Lewis's house; this is it—I am sure Lewis had given me the half crown before I fetched the hat.
Prisoner. Q. Did you not search me in the beer shop? A. I searched your pockets and your handkerchief—I do not remember searching your hat—I saw your hat on your head when you threw me—I did not see any half crown in it, or anything fall out of it—I had not looked at the lining of it in the public house—when I brought it to you, I asked if it was your's, and you said it was—you had not told me before that it was your's—I asked Lewis where the hat was, and he said it was at his house.
Prisoner. You were telling Lewis what he should say, and No. 1 checked you for saying what you did, and said, "Let him speak for himself, give the man a fair chance." The prisoner called
HENRY CORBIN . (Police sergeant, N 1). I was at the Police Court, in the the room where they were making out the depositions—the policeman said something to Lewis—they were all talking together, and I said to Puckett, "Hold you tongue, let every one state their own evidence.
Prisoner. You said, "Let Lewis speak for himself, give the prisoner a fair chance." Witness. No, I said, "Be quiet, let every one state their own evidence"—I did not hear what Puckett said to Lewis.
COURT. to GEORGE PUCKETT. Q. Is what he says right? A. Yes; but as for my speaking to Lewis, it is quite false—I was not telling the witness what to say—the sergeant said, "Be quiet, and let every one state his own evidence."
Prisoner's Defence. I knew no more that the half crown was bad than you did; and as to the half crown in my hat I know nothing about it; if I had had one in my hat when the policeman brought the hat, I would not have owned it.
GUILTY .**— Ten Years Penal Servitude.
MR. CLERK. conducted the Prosecution.
WILLIAM MILLS . I am a fruit salesman in the Borough Market. On Tuesday, 3rd Nov., I was in the market between 9 and 10 o'clock in the morning—I saw the prisoner at my stand—I had seen him two or three times before in the market—he came to my stand, and bought two bushels of apples—I asked him 3s. a bushel—he offered me 5s. for the two—I said I could not take it—we agreed that he should have them for 5s. 6d.—he gave me two half crowns and a shilling—I could not swear to the shilling, but I could to the two half crowns—I placed the money in my left hand trousers pocket, where I had something like 1l. worth of silver, but all shillings, sixpences, and fourpenny pieces—I had no other half crown—in two or three minutes afterwards I found the two half crowns were bad—I had not taken any other money—I also found I had a bad shilling in my pocket—on the following Saturday, 7th Nov., I saw the prisoner again coming from York Street to the first passage in the market—he met me and passed me, and I turned and followed him—I said, "You are the
person who gave me two half crowns and a shilling on Tuesday, which were bad"—he said that I was mistaken—a constable came up, and I gave him in charge—the two half crowns were at my house—I had put them on a shelf—I gave them to the constable.
Prisoner. Q. On the Tuesday morning you put the money into your pocket, and did not I come back for my sixpence, and did you not say that a tall young man had been and given you two more half crowns? A. No; I never mentioned such a thing.
COURT. Q. Did you receive two half crowns from somebody else? A. Yes; I kept them in my hand—they were bad, but I did not see the prisoner after that—the prisoner dealt first, and gave me two half crowns—after he was gone the other party bought two more bushels, and gave me two half crowns—I had seen the prisoner with the other men—they were all talking together before the prisoner had bought any apples of me—the second man bought the apples, and went away to get a sack to put them in—there was a third man, and I followed him and saw him put some coin which looked like silver down a grating—that man had been standing with the prisoner when he bought the apples—I gave the two half crowns I took of the prisoner to the policeman—I took the other two home.
EDWIN SMITH . (Policeman, M 88). I took the prisoner on 7th Nov., in the Borough Market, on a charge of uttering two bad half crowns and a shilling—he said, "You are wrong; you are mistaken"—Mr. Miller gave me two half crowns and a shilling—these are them—some days afterwards he gave me these other two half crowns.
Prisoner's Defence. I am a very hard working man, and was in great distress; I never was in custody before; I did not know that they were bad.
(The prisoner received a good character.)
NOT GUILTY .
87. HANNAH DOWRA (23), Breaking and entering the dwelling house of Richard Baggalay, and stealing therein 1 watch, 3 gowns, and other articles, value 10l. 10s., and 7l. in money, the property of Elizabeth Denne: to which she
PLEADED GUILTY .— Confined Six Months.
Before Mr. Recorder.
MR. PLATT. conducted the Prosecution.
THOMAS FROST . I am a miller, at Halstead, in Essex. On Monday, 16th Nov., I was in Wellington Street, near London Bridge—I met a gentleman, as I thought, and I asked him if he knew where boilers were made—he said he had a brother in that line; we went to a public house—he called for a pint of beer and paid for it—while we were drinking it the prisoner came in—he said he had come up to London to take some money that had been left him—he then produced a padlock which he said nobody could open—he left the padlock with me and the other man, and the prisoner went out—while he was gone the other man and I looked at the lock—we could open it very well—I opened it, and the other man opened it too—the prisoner afterwards came back, and said he would bet 5l. that nobody could open the lock—I said I would not bet—he said, "You have no money"—I said, "Yes, I have;" he and the other man said, "You have not got 5l. "—I said I had, and I pulled out three sovereigns and a half in gold, and 30s. in silver—another
man then came in; there were three of them—the prisoner produced a 5l. note, and the man who went in with me took it up—I laid my money on the table—the man who went in with me took it up, and my money and the note were given to the third man who came in—I then tried to open the lock and could not, and my money was handed to the prisoner, and he ran away directly, and the other two men stopped me from going after him—I am sure I did not make any bet at all, and I did not consent to my money being given to the prisoner at all—I produced my money because he said I could not do it.
Cross-examined by MR. LANGFORD. Q. When had you come to London? A. On the Sunday, and this was the next day, between 10 and 11 o'clock—I went to look for a boiler maker—I did not know one, but I heard there were some boiler makers on the other side of the water—we were not in the parlour above five minutes before the lock was produced—I did not say I thought a sovereign was enough to bet—it was the prisoner who first proposed betting—it was not the friend whom I had picked up; he was the first that accepted the bet—the third man was the stakeholder—I brought out my money and put it on the table, to show that I had it—I thought I was with respectable people—I put my money down, and took up the lock—the stakeholder did not say, "Your time is up, you have lost it"—I did not pay for any beer—the stakeholder took up the money and handed it to the prisoner—from that time I kept my eye on the prisoner—I did not see him throw away the pocket book—there was no inducement to me to bring out my money, only they said that I could not do it—no one has told me that I must be careful to say it was no bet—I went to the inspector at the police station; I did not tell him there was a bet—I do not recollect that I made use of the word bet—I do not recollect his telling me, that if there was no bet it was a felony.
WILLIAM RICH . (Policeman M 89). I was on duty in Red Cross Street—I saw the prisoner running towards me from Union Street, in a direction from the public house—the prosecutor was running after him, and said the prisoner had robbed him of 5l.—the prisoner said he had not got it—I had hold of him at that time—I afterwards received information that he had dropped a pocket book, which I received from the next witness—this is it—it has three, what are commonly called flash notes in it—I took the prisoner to the station, and found on him two gilt shillings to represent gold, and some good money.
Cross-examined. Q. How far was it where you took the prisoner from the public house? A. About 300 or 400 yards—the prosecutor said, "This man has robbed me of 5l. "
ALFRED WILKS . I am an architect and live in Union Street—on that Monday I was standing outside my gates, I saw the prisoner running from the Borough and a number of persons running after him—I noticed the prisoner, and when he was exactly opposite my door I heard something fall from him—I went out, and one of the men picked up this pocket book, and I gave it to the officer.
Cross-examined. Q. Was the prisoner running? A. Yes, fast.
GUILTY .— Confined Twelve Months.
MR. W. J. PAYNE. conducted the Prosecution.
in Leather Lane. On 10th Nov., about 10 o'clock in the morning, I was in Wooding Street, Lambeth; I saw the two prisoners there—I went, playing my organ, down a court where there is a house where they sometimes give me a penny—I went down, and the shop was shut up—the two prisoners followed me, and Lee caught hold of me round the waist, and tried to get my pocket—I thought he was in joke—I had in my pocket a half crown, a 2s. piece, a sixpence, and 2 1/4 d.—Burns was in the court at that time—when Lee caught hold of me and caught hold of my pocket, I went into the middle of the court, and then both the prisoners caught me—one caught hold of my shoulder, and the other round my waist; they threw me down, and both got on me—they took my money away—Lee put his hand in my pocket first—I cannot swear which had my money—they only left one farthing in my pocket—they kicked me, and went away—I told a policeman.
Cross-examined by MR. DOYLE. Q. When did you see a policeman? A. About three or four minutes afterwards—I was on the other side of the court when the policeman came up—I did not keep my eye on the prisoner till the policeman came—I went higher up the street to find the policeman—I found the prisoners on the other side of the passage when I gave them into custody—I mean they were in the court where I was thrown down—I had seen Burns before, but not Lee.
GEORGE ANDREWS . I am a shoemaker, of Eagle Street. On the morning of 10th Nov. I saw the prosecutor with his organ in Little Windmill Street about 11 o'clock—shortly afterwards I saw the two prisoners following him; he went down Jane Place, they offered him a halfpenny to go down, and they followed him—I followed behind; as soon as they got down, one got on one side of the prosecutor and the other on the other—he was coming back, and Burns jumped on his back; he could hardly stand—then Burns got off, and Lee caught him round the waist and threw him down—while he was on the ground, the prisoners were on the top of him—I saw Lee put his hand in his right hand waistcoat pocket, and he shook something up in his hand which sounded like silver—the prosecutor cried out, "Stop thief!" and tried to get hold of their legs, and they both gave him several kicks while he was on the ground—Lee afterwards opened his hand, and I saw a half crown and a 2s. piece in it—the prosecutor got up and said something which I could not understand, and the prisoners both said, "If you don't go we will smash you"—I can swear the prisoners are the men.
Cross-examined. Q. Did they both say, "If you don't go, we will smash you?" A. Yes, they said it together—one part of Jane Court is in Wooding Street—I was about two yards from Lee when he opened his hand—I can swear it was not two half crowns he had—I can swear I saw a 2s. piece, it looked so bright—he did not show it to me; he showed it to the other prisoner—I do not believe they saw me—only bad girls live in that court; there was no one going down it—the prisoners went on towards Wooding Street—I left them, came out with the prosecutor to the policeman, and the two prisoners were in the other end of the court—there is a public house there, the White Horse—I heard some persons say that they had turned out of there.
Burns. This witness says that we offered the prosecutor a halfpenny; the prosecutor did not say that. Witness. You said that you would give him a halfpenny, and you shook your pocket, and said it was the last half-penny that you had got.
prosecutor came to me, and complained of being robbed of 5s., and being ill used in Jane Place—I went with him, he pointed the prisoners out, and I took them—I found 2d. on Burns—I told them what I wanted them for—they both said they knew nothing about it, in a staggering sort of manner—they were both a little in liquor.
Cross-examined. Q. What time was this? A. About a quarter before 11 o'clock—I did not see Andrews till he came to the station—he did not point out the prisoners—they both appeared as if they had been up all night—since then I have made a little inquiry; I find Lee is a respectable working man—he gave a true statement of where he lived.
Burns' Defence. I never saw this man, to my knowledge, nor took anything from him; I was very drunk at the time.
(Lee received a good character.)
NOT GUILTY .
ADJOURNED TO MONDAY, DECEMBER. 14TH., 1857.