CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 14th, 1857.
Before Mr. Recorder and the First Jury.
MR. COOPER. conducted the Prosecution.
FRANCIS GURNEY . I am a farmer, of Northolt. The prisoner was my horse keeper for six or eight months—I discharged him about 13th Sept. twelve months—on Saturday, 7th Nov., I had a hay stack, a bean stack, an oat stack, and a small stack of tares, within 100 yards of my house, and about a quarter, to 10 o'clock that night the prisoner gave an alarm—I rushed out, and found him in front of my house, in the garden; he said, "Mr. Gurney, Mr. Gurney, your ricks are all on fire!"—he was rather excited, and out of breath, as if he had been running—I went to my rick yard, and discovered a small fire at the corner of a hay rick—four or five of my neighbours, and some working men, were there—the prisoner went down the yard just before me—he lived with his father, within a slight distance of my house—it is a plain road from my rick yard to his father's cottage, which adjoins the same road—the fire was extinguished after a short time—next morning I saw some footmarks of the previous night, which I traced from the rick yard, through some hurdles, into a meadow, and over a stile, to within ten feet of Buckland's cottage, both there and back—no one had a right to go across the fields in that direction—I had a stack on fire once before.
Cross-examined by MR. RIBTON. Q. How long was the prisoner in your
service? A. I think about six months—I believed him to be a good character when I took him—I discharged him for taking my hunters out and riding them—there is a public path across the meadow; it leads from West End hamlet to Northolt village—I know two or three persons named Harriss; one lives at Northolt, and the other below Buckland's house—it is a mile, as near as possible, from Buckland's cottage across the path to Northolt—the path goes within eighty yards, I think, of my rick yard—there is no path from my yard to the public path—I discharged a man from my service on this very night; we had a trifling dispute about wages.
MR. COOPER. Q. Were the footmarks along the footpath or not? A. No, twenty or thirty yards on it, and then they turned from it the rest of the distance—this plan is rather a rough-sketch, but it is correct.
CHARLES MOORE . (Policemen). I reside at Northolt, adjoining the prisoner's house—I was at home, and heard the prisoner call out, "Moore, fire, fire!"—I came out, but could not discover any fire till I got to the rick yard—it was then just reaching the thatch—I helped to put it out—next morning, Sunday, about 11 o'clock, I traced footmarks from the rick yard, ten or twelve yards from the corner of the rick to three yards and a half from the prisoner's house; they were quite fresh and distinct—on Monday, about 10 o'clock, the prisoner came to my gate, and asked me if I wanted to see his shoes—I said, "Yes"—he showed them to me, and I told him that they corresponded with the track—I did not take them from him, but I saw that there was one large nail in the centre of the heel of the left shoe—he said that he had been into Mr. Gurney's rick yard, and returned the same way—it is about 130 yards from his house to the rick yard, the back way.
Cross-examined Q. Did you see Mr. Gurney? A. Yes—it was immediately after information had been given to him—there were about half a dozen people in the rick yard—I did not notice who they were—when the prisoner told me he had gone to the rick yard, he did not say what for—he said that he had been to Mr. Gurney's rick yard, and back the same way, but he said nothing about any alarm, or going to see if it was on fire.
MR. COOPER. Q. How long would it take to run from Buckland's cottage to the stacks and back again? A. About two minutes—it is about eighty yards from the prosecutor's house to the stacks—the prosecutor's house is nearer to the stacks than the prisoner's house, a great deal—if the prisoner had been to the stacks and seen the fire, his better course would have been to go to the prosecutor's and announce the fact, instead of going to his cottage first—he would not have to go round the yard—he could go across by the pond.
SARAH RIVERS . I am the wife of the prosecutor's foreman. I knew the prisoner when he was in the prosecutor's service—I was at his father's house on the night he was discharged—he came from Mr. Gurney's, threw his money on the table to his mother, and said that he would be revenged on him before that day twelvemonths, by G—.
Cross-examined Q. What time in the evening was that? A. Between 6 and 7 o'clock—I have been an acquaintance of the family about four years—I mentioned this to a friend after the first fire, but I did not mention Buckland's name—he was very much excited.
WILLIAM PRICE . I am a labourer in the prosecutor's service. About 10 o'clock on that Saturday night I was going to my master's, and met the prisoner at Greenford—he was coming from his house, a yard or two from it—I heard him halloo "Fire!"—the prisoner could not see flame at the
haystack, from Bartholomew's house I was forced to go to the middle of my master's yard before I saw it; to the road in front of the house.
Cross-examined Q. Was the prisoner coming across the meadow? A. No; down the garden from his father's house—it was about a quarter before 10 o'clock—he said that Mr. Gurney's ricks were on fire—I ran alongside of him till I could not run further; then returned to the prisoner's house, and gave the alarm—I had not then seen that it was on fire, but I could smell it—when I got to the rick yard I saw it on fire.
COURT. Q. Which way did the prisoner go when he left you? A. To my master's house—I saw him go to the gate leading into my master's yard.
JAMES THOMAS COOPER . (Policeman, T 6). I took the prisoner at his father's house on 9th Nov.—I told him that I should apprehend him on suspicion of setting fire to Mr. Gurney's ricks on the Saturday night previous—he said, "That is all one gets for giving the alarm of fire; and the next time I see a rick on fire I will go home and go to bed; they may put me on my trial for it, but I am innocent"—on the 9th Nov. I was in a gig with Mr. Gurney, and met the prisoner on the road—Mr. Gurney asked him how it was that he did not give an alarm to Rush at the cottage—he said that he did not; he went back, and the first person that he alarmed was Moore—Rush's cottage is at the end of the rick yard, forty-four yards from the rick—Rush is in Mr. Gurney's employ—it is 393 yards from the corner of the rick which was on fire to the prosecutor's gate, going round by the road, and eighty-three yards from the rick to the prosecutor's front garden gate, which is twenty-two yards from his front door—the prisoner said that he was standing by a boiler in the yard, at the back of his own cottage, at the time he saw the fire; that is 140 yards from the comer of the rick—I have placed myself in that situation, and I do not think it possible that he could see the fire from there, unless his attention was called to it; but if it was, he might.
Cross-examined Q. If any body had told him? A. Yes; or if he had looked in that direction he might have seen a light—he did not tell me he had been standing in the boiler; I heard so. (THE COURT. did not consider the evidence sufficient to make it necessary for MR. RIBTON. to address the Jury).
NOT GUILTY .
HENRY JENNINGS . I keep the Royal Saxon, in Alfred Road, Harrow Road. On 17th Nov. this cheque was brought to me by the prisoner—I had known him about eighteen months—he said that he brought it from Mr. Cogan, the drawer—he wrote his name and address on the back of it; and, knowing Mr. Cogan, I gave him the money—I afterwards took it to the bankers, but could not get the money for it.
Prisoner. I said it was given me by a man whom I was in the habit of supplying goods to. Witness. You said it was given you by Mr. Cogan—you said, "I lived with him, and served my time with him"—it is drawn in your name.
ROBERT COGAN . I am a glass cutter, of Princes Street, Leicester Square—the prisoner was in my service—he left me thirteen or fourteen months ago—I have had no communication with him since—this cheque is not my writing, or like it—I did not give any one authority to sign my name—the form is such as I am in the habit of using—I had not any account at Seele
and Co.'s when the prisoner was with me—I have had since, but have not now, because I drew the money out, having had a robbery at my place.
Prisoner. Q. Was not I in your employment nearly five years? A. Between four and five years, off and on; you did not act in any way dishonest.
VINCENT GUNNER . (Policeman, C 21). On 20th Nov. I saw the prisoner in High Street, Notting Hill—I said, "I want you on a charge of forgery"—he said, "I was not aware there was anything wrong; the cheque was given to me by a man named Charles Richardson"—I asked him if he knew where Charles Richardson lived—he said, no, but that he was in the photographic way, and sold him some glass, and gave him this cheque—Mr. Jennings was with me.
Prisoner. Q. I told you where I had left the glass? A. You did not.
(The cheque was drawn on Messrs. Seele, Lowe, and Co., of Leicester Square, for 3l. 16s., payable to G. E. Wilmot, or bearer, and signed, "Edward Cogan.")
Prisoner's Defence. I received the cheque from Charles Richardson.
GUILTY.of uttering. He received a good character from Mr. Jennings, who also recommended him to mercy.— Four Years Penal Servitude.
92. GEORGE DAVIS (18) and WILLIAM STANLEY (18) , Burglariously breaking and entering the dwelling house of Robert Masson, and stealing therein 4 tea spoons, value 19s., his property; and 2 cuffs, of Elizabeth Saunders: to which they both.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .**— Confined Eighteen Months.
95. HENRY WATTS (24) and ALFRED LEE (20) , Burglariously breaking and entering the dwelling house of John Chappell, and stealing therein 2 coats, 4 spoons, and other articles, value 9l., his property: to which
WATTS— PLEADED GUILTY .— Confined Two Years.
LEE— PLEADED GUILTY .—(See next Case.)
96. ALFRED LEE (20), and EMILY COX (19) , Burglariously breaking and entering the dwelling house of Adam Clarke Hook, and stealing therein 2 mantles, 6 table cloths, and other articles, value 20l., his property.—2nd COUNT., Feloniously receiving the same.
ADAM CLARKE HOOK . I am a land agent, of Dartmouth Park. On 1st Nov., before going to bed, I carefully examined my house at 11 o'clock, and it was quite safe—at 6, or half past 6 o'clock next morning, I found the whole of the basement in great confusion, and the drawers in the nursery stripped of their contents—the persons had entered through a water closet window, which had a small button on it—I cannot say whether that window was closed the night before, but the door was—I also missed two pairs of
boots—those (produced) are them—they are marked "Chappell," inside—they have been worn since—I have examined this bundle of clothing—it is part of what I lost that night.
HARRIET JANE JONES . I am the wife of John Jones, of No. 2, King's Head Court. I know the prisoners—they did not lodge in the same house that I lived in then, but I knew them living there for three weeks before they were taken into custody.
Cox. Q. Were we not in different rooms? A. When he came to live with you went into his room.
Lee's Defence. We were taken into custody, and the sergeant gave my mate two ounces of tobacco, and 6d. in prison, and several fourpenny hot pies; and he said, "I will not press it against you, I will press it against Lee;" I and my mate have done several burglaries, but I do not think it is fair to press all the charges against me, and not against my companion as well.
Cox's Defence. Lee and this young fellow asked me to take some things to pledge; I did not know they were stolen; I never lived with him for an hour; he was lodging in the top room, and I was lodging in the bottom; Hill asked me if I had taken anything to the pawnbrokers for him; I said that I had, and went with him.
WILLIAM HILL . re-examined. I asked Cox whether she had taken anything to the pawnbrokers for the other prisoner; she said that she had not pawned anything at all, and knew nothing about it—I discovered where the things were pawned, by finding some duplicates at her house—I found them in the top room—I have not seen her in the top room.
LEE— GUILTY. of Stealing.
COX— GUILTY. of Receiving.
97. ALFRED LEE and EMILY COX were again indicted for burglariously breaking and entering the dwelling house of Robert Whitestone, and stealing therein 2 coats, 1 eyeglass, and other articles, value 7l. 13s., his property.—2nd COUNT., Feloniously receiving the same.
ROBERT WHITESTONE . I live at Eaton Lodge, Hampstead Road. On 4th Nov., I went to bed about 10 o'clock—my servant examined the doors and windows—I got up about 5 o'clock next morning, and found the drawing room and parlour in confusion—the drawers were open, and several things scattered about—a back window was opened at the lower part of the house, and egg shells, table linen, napkins, and other articles were strewed about—the window had been opened by putting back the catch—I found a knife with which it could be forced back—I missed two coats, seven table cloths, a snuff box, telescope, and other articles.
Lee. Q. Did not you give him two ounces of tobacco? A. No—the deputy governor, Mr. Sims, was present—Watts made a communication to me—there were no articles of stolen property found on him.
Cox. Q. You asked me if I had pawned anything? A. Yes, and you denied it till I found some duplicates.
Cox's Defence. It is very hard that I should be brought into it; I went with Hill, and showed him where the things were pawned.
LEE— GUILTY . ** of Burglary.—Six Years Penal Servitude.
COX— GUILTY. of Receiving. — Confined Twelve Months .
NEW COURT.—Monday, December 14, 1857.
Before Mr. Common Serjeant and the Fifth Jury.
GEORGE WHITE . I am a watch maker, of No. 53, Rathbone Place; I sleep there. On 5th Nov. I went to bed at 12 o'clock—I was the last person up, and left the house safe—I was called, between 2 and 3 o'clock, by a policeman—I then saw the bar was sprung, the middle shutter forced, the glass broken, and four clocks had been taken, which were my property, and worth about 9l.—I saw them quite safe when I went to bed—two have since been shown to me by the policeman; they are two which I lost that night.
Harris. Q. Have you any more like them? A. Yes—I have not sold any of them—here is my private mark on one of them, in my writing—there are more of this pattern—they may be very common—I can swear I have not sold any of them in my shop.
WILLIAM PRATT . (Policeman, E 136). I was on duty on 6th Nov., at half past 2 o'clock in the morning, and saw the prosecutor's shop had been broken open—I called Mr. White up—I heard some one moving in a mews directly opposite; I ran across, and met Payne coming out, with something bulky under his arm—I asked him what he had got; he said, "Nothing"—I said, "Allow me to see"—I opened his coat, and took this clock from under his right arm—I took him across to Mr. White, who by that time had come down, and he identified the clock as his property—Payne was very violent;
he struck me in the mouth, and got away from me—I caught him again, about 100 yards off—he struck me again in the mouth, and out my lip.
Payne. When you came across, you said, "What have you got there?" and I said, "A time piece." Witness. No, you did not; you said you had nothing—you did not take it from under your arm, and give it to me—you did not say you had occasion to go down the mews, and found it—you did not say you would go back to the shop with me—you went back, because I took you; I had you by the collar.
Payne. You took me to the shop, and you said that I struck you, which I did not, and you smashed me against the wall. Witness. you struck me, and I struck you again.
COURT. Q. Are you sure that he struck you? A. Yes, he did, in my mouth—I struck him after he struck me a second time.
Payne. You broke both my jaws, and knocked out all my teeth; you struck me with your staff. Witness. No, I did not strike you with my staff at all; I struck you with nothing but my fist—I broke your jaw—I did not knock you down twice in Oxford Street—there was another constable came up at the corner of Tottenham Court Road.
JOHN STRUGAR . I am a boot maker; I was a constable of the E division. On 6th Nov. I went to Fitzroy Market, about half past 3 o'clock in the morning—that is near Rathbone Place—I saw the prisoner Harris going into a house—I followed him in, and up stairs—I asked him where he was going; he said, "I am going to bed"—I told him he must come with me—he came outside, and with assistance I took him to the station, and in his coat pocket I found this clock, which Mr. White identified—Harris said a man gave it to him to leave at Mr. Lambert's—Mr. Lambert is a second hand furniture dealer.
Harris. Q. Did I not tell you that I thought I should be able to produce the man who gave it me? A. No; no such word passed at all.
RICHARD COOK . (Policeman, E 96). I was on duty n Rathbone Place, on 6th Nov.—about 10 minutes past 3 o'clock that morning I saw Harris and Payne together, in company with a female—they were about 100 yards from Mr. White's shop, and were standing talking—I went on my beat, and left them there.
Payne. Q. How did you know it was me when you saw me in the station? both my jaws were then broken, and my eyes swelled up; my own friends did not know me. A. I knew you by your dress and appearance—there was another man taken, but I gave no evidence against him—he was not taken on my information.
COURT. Q. How close did you pass to the prisoners when they were standing there talking? A. About two feet from them—they were standing in front of Mr. Jones's, the hosier's.
Payne's Defence (written). At the time the depositions were taken I was not in a state to defend or protect myself, in consequence of the shameful treatment of the policeman who took me into custody; on the evening of 5th Nov., I went to the neighbourhood of Leicester Square, to meet some friends; I remained till the following morning; and on my way home, through Charles Street, Soho Square, I saw three or four persons run out of Rathbone Place and turn up Oxford Street; I crossed over Oxford Street, and a little way up Rathbone Place I turned up an archway for a necessary purpose; and on coming out I saw, standing on a door-step, a time piece; I took it up and looked at it; I thought somebody had set it down and forgotten it; I expected a reward would be offered for it; I put
it under my arm, and turned up Rathbone Place; the policeman came across, and asked what I had; I immediately told him, "A time piece;" and I handed it to him; he asked where I got it, and I told him what I now state; he then told me that there had been a clock shop broken into just by, and that I must go with him to the shop; I answered, "Certainly I will;" he then called the shopkeeper up, and told him that two windows had been broken; he asked him if he had lost anything; the shopkeeper answered he had lost some clocks, and he thought the one I had was his; the policeman then said I must accompany him to the police station; I refused doing so, not knowing anything of the robbery; I turned, and said I was going home; he stopped me, and we went back to the shop till he was ready to go, and then a scuffle took place between us because I refused to go; but upon another constable coming up I consented to go quietly; on our way to the station, as we were walking quietly, the constable 136 said, "What did you strike me in the mouth for?" I said I did not strike him, or if I did, it was by accident; he said, "Take that, you b—," striking me in the face right and left till I fell; he then kicked me in the side and the hip, and said, "Get up, you b—;" I said, "What are you doing this for, and what have I done? directly I got up he struck me with his fist and his staff; I fell again, screaming "Murder!" as well as I could, or I believe he would have killed me; when I arrived at the police station, I asked to see the doctor, who came and said my jaw was broken, and I must be taken to the hospital, and there the house surgeon examined me, and said both my jaws were broken, and all my teeth were knocked out, which are now fastened in with wires; both my eyes were seriously injured, and the doctor thought I should lose the sight of one, and I was not expected to live; I was confined to bed for two weeks, therefore I was unable to prepare my defence before the Magistrate; the doctor told me that my face would never be right, and that I never should be the man I had been; there were no blows struck before we got to Oxford Street; a policeman swears he saw me and another man, and a woman, standing in Rathbone Place, within a short distance of where the robbery was committed; how is it possible for anybody to swear to me in the state in which my face was when even my own friends did not know me; they took another man about my size and height, and kept him a fortnight, and discharged him; and if they were sure I was the man, why did they take him; in respect to my character, I have twelve months good character, as a butler, at No. 12, Great Cumberland Place, Hyde Park; my late master says, if I had been inclined to be a rogue, I could have done so while in his service; I had a deal of valuable property under my care; I am every morning in the habit of going to gentlemen's houses, where I could rob if I were so inclined; I know nothing of the man who is charged with me.
HARRIS— GUILTY .— Confined Twelve Months.
PAYNE—GUILTY. Payne was likewise charged with having been before convicted.
JOHN DAFTER . (Policeman, A 346). I produce the certificate of a former conviction—(Read: "Clerkenwell Session, Jan., 1850; Thomas Dalby, Convicted of stealing a purse and money from the person; Transported for Seven years")—I was present—Payne is the person, I am sure—he had been convicted before, in May, 1848, with another person, and they had three months each.
Payne. I never was transported in my life; I am not the person.
GUILTY.—Recommended to mercy by the Jury on account of what he suffered.— Confined Twelve Months .
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Four Months.
MR. CAARTEN. conducted the Prosecution.
JOHN MARK BULL ., I am a City policeman. In consequence of information, I went, on the morning of 1st Dec., to Mr. Solly, in Fitche's Court, Noble Street, with Mr. Frederick Summers—while I was there the prisoner Solomon came, and brought with him this parcel—he went in the counting house, and undid the parcel—I saw the contents of it—it was these embossed labels—I asked him if they were his property; he said "Yes"—I asked him what he wanted for them; he said, "1l. "—I said I was a police officer, and he need not answer me any questions unless he thought proper—I asked him where he got them; he said he bought them of a young man of the name of Myers that morning in the lane, and gave 12s. for them—he said he had had a sample of them before—I said they were stolen, and were worth 4l.—he said he did not know the value of them—I found on him a small sum of money—I found Myers in Gravel Lane—I asked him if he knew a young man of the name of Solomon, and if he had seen him that morning, and if he had sold him some embossed labels—he said he had—I told him I was a police officer, and he need not answer me any questions unless he thought proper—I asked what he sold them for—he said 12s., and he had bought them in the lane that morning for 5s. of a young man about twenty-five, and he had some samples of them the night before, between 6 and 7 o'clock—I said that was shortly after the robbery—I took him to the station, and found on him 8s. 8d., and two embossed labels—he said they formed part of the samples.
Cross-examined by MR. LILLEY. Q. Was it through the information of Solomon's friends that you found Myers? A. Yes; I had left the house, and they ran after me, and said they had found him.
Cross-examined by MR. RIBTON. Q. What is Solomon? A. He keeps a small shop, and deals in furniture—Myers lives not far from there—I understood by the lane, Petticoat Lane; there is a good deal of barter there.
FREDERICK WILLIAM SUMMERS . I am the son of Philip Summers, a fancy stationer, in Tabernacle Walk. I do not know the prisoners—these labels are my father's—they are worth 2l. a thousand—I counted those produced, and found two less than 2, 000. On Thursday, 26th Nov., I packed up these labels, about 2 o'clock in the afternoon, and gave them to an errand boy—they were packed in hundreds, not in the paper they are in now—they were in a brown paper parcel—I wrote the direction, and entered it in the parcel book to Chaplin and Home's, the carrier.
Cross-examined by MR. RIBTON. Q. Are they packed as they were? A. No; this newspaper was not with them—they were in twenty separate hundreds in a brown paper—two of these parcels have been broken open, and two labels taken out—these are to go on boxes inclosing collars and gloves, and other things—this is our own design; no labels are made like these; other parties may have the same stamps, but this is our own design.
errand boy. On Thursday, 26th Nov., I took two parcels from his shop about 5 o'clock in the afternoon—I was to take one to Pickford's, and one to Chaplin and Horne's—when I got to Pickford's, in Wood Street, I missed one parcel, which was directed to Mr. Hooper, at Manchester—the last time I had seen that was at the London Wall end of Moorgate Street—I do not know the contents of the parcel.
Cross-examined by MR. RIBTON. Q. What time did you get to Pickford's? A. About half past 5 o'clock—the parcels were not very large—they were in the truck—I was pulling it—another little boy, named Elliott, was with me—he is not here—he would not go behind the truck—I had another parcel in the truck—when I got to Pickford's one was gone—the other little boy is still in my master's employ.
GEORGE SOLLY . I am a fancy box maker, in Fitche's Court, Noble Street. On Monday, 30th Nov., Solomon came to my shop—he said he had 2, 000 of these labels, and he produced two as samples—he said he wanted a sovereign for 2, 000 of them—I said, "Very well, bring them in to-morrow morning"—I kept the samples; they are at home—I communicated with Mr. Summers and the officer, and Mr. Frederick Summers came to my place—Solomon came on the morning of the 1st Dec., and he was taken—the value of these labels is 40s. a thousand—I buy thousands of them in the course of a year.
Cross-examined by MR. LILLEY. Q. They are sometimes sold in small lots? A. I never buy small lots—there are small lots, and they fall into the hands of inferior persons—they are sold sometimes as job lots at inferior prices. (The prisoners received good characters).
NOT GUILTY .
OLD COURT.—Tuesday, December 15th, 1857.
Before Mr. Recorder and the Second Jury.
102. WILLIAM WELCH, alias Attwell (24) , Stealing 3 necklaces, 2 brooches, 1 diamond order, 9 bracelets, 11 gowns, 12 pairs of stockings, and other articles, value 500l., and 4l. in money; the property of Francis, Earl of Ellesmere, since deceased; and EDWARD JACKSON (37) and ANN JACKSON , Feloniously receiving the same: to which
WELCH PLEADED GUILTY ., and MR. GIFFARD. stated that he had given useful information.— Confined Six Months.
MR. GIFFARD. conducted the Prosecution.
MARY ANN EDLIN . I am Lady Ellesmere's maid, and have been so since 1855. In January, 1856, I packed a box of Lady Ellesmere's—I did not see it put it on the cab, or see it after it was on the cab—this (produced) is it—these pocket handkerchiefs, veils, lace, night gowns, stockings, and other articles, were all placed in the box—I speak positively to them, with the exception of this velvet jacket; there might be two of them alike—some of these articles are marked with the Countess's initials—I had them constantly under my care—besides these things, there was a quantity of necklaces, bracelets, buttons, ear rings, a diamond Queen's order, two large branches, and two small ones, value between 15, 000l. and 16, 000l.—here are the sleeves of a dress which I made up myself—we left Bridgwater House, to go to the station, about 10 minutes after 5 o'clock.
Cross-examined by MR. COOPER. Q. What are the marks? A. The stockings are the only things that have a mark remaining; that is "H. E."—the handkerchiefs are not marked, but here is one of them that I darned—the best handkerchief was worth five guineas when purchased.
WILLIAM ELLIOTT . I was in the service of the late Lord Ellesmere in Jan., 1856—I remember Lady Ellesmere and her maid leaving town in Jan., 1856—a cab was brought to the door to take their luggage—that trunk was put on the cab with the luggage.
CHARLES FROUD . I am a cab driver. On the evening of 22nd Jan., 1856, I was in Davies Street, Berkeley Square—the prisoner Attwell came up to me; he had nothing with him, but in consequence of what passed between us I saw this box standing on the kerb—he and another man lifted it, and I drove with it to Leonard Square, Shoreditch—Attwell took the box on his shoulder there, and I took it away—he went down Leonard Street, and crossed the road in an angular direction—I have since discovered where Jackson lives; it is right in that direction—where I lost sight of Attwell is about fifty yards from Jackson's house—when the advertisements were published I gave information to the police of what I knew.
Cross-examined by MR. COOPER. Q. Should you know the other man again? A. No—he was a little shorter than Attwell—he was minding the truck—I had not passed Jackson's house when the cab was stopped—I saw Attwell carry the trunk about 100 yards, a little more or less, after he left the cab—he had only to go round the corner of the square; it is more like an obelisk than a square.
THOMAS GABEY . I am a horse hair carder, of Antelope Gardens, Leonard Street, Shoreditch. One night in Jan., 1856, between 7 and 8 o'clock, I found this box, empty, opposite my garden—Jackson's house is about 300 yards from there—I gave information to the police, who told me to take it to the station.
Cross-examined by MR. COOPER. Q. Is it a crowded neighbourhood? A. Yes.
LYDIA CURLING . I am a lace cleaner, of No. 29, Grosvenor Street, Pimlico. I cleaned and mended this Brussels lace shawl for her ladyship—I have not the slightest doubt about it being her's—it is worth about 50l. or 60l.
Cross-examined by MR. COOPER. Q. Did you mend it so well that you cannot see where you mended it? A. No, I can see the place—I have not many things of this kind to wash and do up—I have not seen it more than twice.
ANTONY BLACKBURN . I am a lace manufacturer. I sold this black lace shawl to Lady Ellesmere for sixteen guineas—this Brussels lace shawl cost originally fifty or sixty guineas—here are three handkerchiefs, value about a guinea each, and one, value about five guineas.
Cross-examined Q. Is an ink stain uncommon even on these delicate things? A. My trying to take it out has left a little iron mould; I also believe it to be the handkerchief from washing it—here is another mark in the corner.
MR. GIFFARD. Q. How often have you had to wash it? A. About four times.
THOMAS EVANS . (Policeman, G 22). On Sunday, 18th Oct., I was on duty in Old Street, and saw Jackson and another man—I knew him, and knew where he lived—he was coming towards me, and suddenly turned, went across the road, walked sharply back on the other side, and turned up the first street, Henry Street—I followed him, and he knocked at No. 8—I overtook him, and said, "What have you got here?"—he said, "What has that to do with you?"—I said, "I belong to the police, and must know"—he said, "I shall not tell you"—I afterwards went to the house, and saw the female prisoner there, and in company with a man, to whom I said, "Halloo, Charley, what are you doing here?"—he said, "Nothing"—I said to Mrs. Jackson, "What have you got there?"—she said, "He has only brought me this to show me; that was, this mug which she had in her hand"—I said, "Where did you get it from?"—he said, "I know nothing about it"—she said, "Do you mean that, Charley?"—"Well, he said, "I found it last night in Shoreditch"—I then gave him into custody to another constable, and told Mrs. Jackson I was going to search the house—I did so, and found these four handkerchiefs and this lace shawl in a drawer—Mrs. Jackson tried to put the handkerchiefs behind her—I said, "What have you got there?" and took them away from her—she said that the shawl was given to her by her mother before she was married, and that she had had the handkerchiefs eight or nine years—I also found a lace scarf or mantle, a blue scarf, a lace jacket, a white blond scarf, some pairs of silk stockings, marked "H.E.," and a pair of white lace sleeves; some in the bed room, some in the cupboard, and some in a drawer—the black lace shawl was found in the box with some women's clothes not made up, and some sheeting and table cloths in rolls—she said the coat in the box belonged to her husband—he was not present; he was in prison—I took her into custody for having this mug, and brought her to the station, where her husband was—he said to her, "What have they brought away?"—she said, "Them handkerchiefs"—I said, "Do you mean these handkerchiefs?" taking these four from my pocket—she said, "Yes; you know that I have had them for eight or nine years"—he made no answer—on Saturday, 24th Oct., I made a further search—Mrs. Jackson was then on bail and at home, but he was in custody—she was present when I went, and it was then that I found the black lace shawl in the box—she said that she bought it of a young woman living with her sister—she did not say how long she had had it—I also found this child's dress (produced)—she said that it was part of a dress of her own, which was cut up for her children—I also found part of a blue flannel dressing gown, part of a grey linsey dress, and part of a velvet mantle—there were several examinations before the Magistrate; and on one occasion, after Jackson was remanded, he was sitting in the waiting room to go away in the van, and said, "Evans, can I speak to you?"—I said, "Yes, if you like"—he said, "You are prosecuting an innocent man"—I said, "We do not want to do so; all we want is the guilty ones"—he said, "Well, I do not deny that the box was brought to my place, but I cannot help that; if you go to Crown Street and Sun Street, and get me the names of all the shoemaker's shops there, I will tell you the one where the wearing apparel was taken to"—I said, "Very well; if it is your wish, I will do so; how shall I let you have it?"—he said, "Bring it to me in the House of Detention to-morrow"—I went and got the names, and took them to him at the House of Detention—he
read the list, and said, "I do not see the name there; I thought it began with an 'S'; I do not intend to say any more about it; not without I am promised that I shall not be prosecuted"—I told him that I had seen the solicitor, but I was not authorised to do anything of the kind—he said, "I know who had the wearing apparel and the jewellery; I saw the gold being melted, and the diamonds sorted out into different carats"—I said, "What do you mean by different carats?"—he said, "Different sizes put together; some of the emerald and diamond necklaces we sold whole, as they were, for 300l. to a Jew who lived on the first floor in Bishopsgate Street"—I said, "Can you tell me which house?"—he said, "No; and some of it was thrown down a watercloset in Spitalfields, and the diamond eardrops were thrown away in a field at Whitechapel"—I said, "Can you tell me where?"—he said, "No, I cannot; but if you will let me out of here, I will try and find out"—I said, "I have nothing at all to do with that"—he said, "When they brought the box to my place, I told them to take it out, I would have nothing to do with it; they said they had carried it far enough, and did not intend to carry it further; it was taken into the parlour and broken open; and when I saw what it was, I told them I would have nothing to do with it; we thought they were theatrical dresses, and belonged to some theatrical person; the jewellery was taken away in a red handkerchief and the wearing apparel was put into a black bag."
Cross-examined by MR. COOPER. Q. Did you go and look for the shoe shop? A. Yes, in Crown Street and Sun Street—I do not know that there are a good many receiving shops in that neighbourhood—I did not go and look for the Jew on the first floor in Bishopsgate Street; there are so many first floors there—I thought this tale a very strange one; I did not think about whether it was told me in order to get out of gaol.
Cross-examined by MR. LEWIS. Q. Was not the man who was present during the conversation with Mrs. Jackson ultimately taken before the Magistrate? A. Yes, he was remanded for a week and then discharged—at the time Mrs. Jackson made this statement to me her husband was in custody.
MR. GIFFARD. Q. What business is ostensibly carried on at Jackson's shop? A. It is an oil shop—there is no jewellery in the window, or any dresses, or anything of that sort.
MR. COOPER. Q. I believe he has two shops? A. Yes, the other shop is in Old Street.
MR. GIFFARD. Q. What shop is that? A. An oil shop, the same as the other.
ELIZA PARSONS . I am a widow, and live at No. 82, Leonard Street, Shoreditch. I washed occasionally for Mrs. Jackson—I have looked at the handkerchiefs produced—I think I have seen several of them before, but this plain one I think I saw a year and eight months ago—I remember Mrs. Jackson's baby wearing this frock this time twelve months—I once saw two diamonds in Mrs. Jackson's possession; that must have been about last May or April twelve months, I cannot say to a week or a month; they were not set in anything, they were quite naked—the first or second week in Feb. last she gave me a few things to take charge of; they consisted of some jewellery, a few gold rings, some brooches, a few little lockets, some silver tea spoons, little trifling things; the greatest portion of them was in a copper tea kettle—the rings were set with pearls and different coloured stones, there were no diamonds—I never saw this black shawl till I saw it at Worship Street Police Court—I met Mrs. Jackson on one occasion while
her husband was detained, and she asked me if I did not recollect her purchasing it about five years ago, and I told her I did not.
Cross-examined by MR. SLEIGH. Q. You have washed for Mrs. Jackson some time? A. Tea, off and on for years—I have known her eight years—I could not be positive as to these being the handkerchiefs I saw—I think those I have seen had not the flowers, I have seen them equally as good; Mrs. Jackson usually had good handkerchiefs and everything very substantial and good—this is a very superior kind of handkerchief for her position—I could not swear positively to this being the handkerchief—I have never seen her wear a watch and chain, but I have seen her with such things and with jewellery, two years, or two years and a half ago, not three years, but quite a year and eight months—I saw them in her bed room when she was confined with her last baby—that was last May twelve months—I have seen Mr. Jackson with a watch, with an Albert chain to it—I had seen the rings months before I had them to take care of—they were the ordinary description of rings, they did not look anything very superior—Mrs. Jackson has eight children—I cannot say whether she is near her confinement now—I have not been in her house for nearly eight months.
MR. GIFFARD. Q. Did you see handkerchiefs of this sort usually used by her? A. I have seen them in her parlour, quite a year and nine months ago—I had never seen such handkerchiefs before April or May, 1856—I am not much of a judge of jewellery—I think I could tell the difference between diamonds and paste—the two I saw over Mrs. Jackson's counter looked very superior.
MARY ANN HUNT . I am a widow, and live at No. 68, Paul Street, Finsbury. I made this frock and pelisse from twelve to thirteen months ago from a lady's dress which I fetched from Mrs. Jackson's—I find here the body of that dress and the sleeve.
EDWARD COLLINGRIDGE . I am a gold refiner, of No. 27, Wilderness Row, Clerkenwell. In Oct., 1856, I purchased a diamond of Edward Jackson for 16l—he offered me another a little before Oct. last—it was rather of a square shape—I offered him 18l. for it, he said he could not take less than 20l., and the bargain went off.
Cross-examined by MR. COOPER. Q. Was it apparently from a ring? A. No, it was a single stone, rather square shaped—I am well known as a refiner—I had seen Jackson about three times—I knew where he lived, and knew him to be a tradesman—he knew that I knew him.
MR. SLEIGH. submitted that there was no case as against the female prisoner; no distinct receiving on her part having been proved, which the ruling in Reg. v. Brooks (1 Dearsley's Crown Cases) rendered necessary. THE RECORDER. was of opinion that there was abundant evidence for the Jury; if they were satisfied that in all she did she acted under the control of her husband, they would, of course, be bound to acquit her; but there was a case for them; and the case of Reg. v. Brooks differed from the present, as in that case the husband was charged with the stealing.
ANN JACKSON— NOT GUILTY .
EDWARD JACKSON— GUILTY .— Ten Years Penal Servitude.
(The officer stated that various portions of property found at Jackson's had been identified as the result of different robberies).
MR. RIBTON. conducted the Prosecution.
HANNAH FAWN . I was married to the prisoner on 16th June last; I was then residing at Reading, and was a widow. I lived at Reading about five weeks after the marriage, and then came to London, and lived at No. 1, Purton Street, Ledbury Road—my husband did not continue to reside with me—he was away from me five weeks, and the last time seven weeks—he was at home on 19th Nov.—he only came home the previous night—we were about to move into the country, and were packing up our things—on the 19th, after dinner, we were packing up the bed clothes, and as I was reaching the sheet I received a very severe blow on the right side of my head from behind—it quite stunned me; I did not know where I was for a time—there was no one else in the room but myself and my husband—he was standing behind me at the time I received the blow—when I recovered myself, I found myself lying on a pillow before the fire—the pillow was in my mouth, and my mouth was full of blood—I cannot tell at all how long I had been insensible—I got to the top of the stairs, and called the landlady, Mrs. Fisher—she came to my assistance—a policeman was called in, and a medical man attended me—I had had no quarrel with my husband that day—I never had any quarrel with him at all—I did not see him again till he was in custody.
Cross-examined by MR. METCALFF. Q. What part of the country were you going to move to? A. To Chichester—my husband is a dealer, I believe—he is a plumber by trade—he travels about with articles to sell—the landlady was up stairs—I must have got to the foot of the stairs to call her—I do not recollect going down stairs myself, but I afterwards found myself at the bottom of the stairs—the landlady had gone down before me to call a policeman—I do not remember what I said to the policeman when he came in—I only remember saying, "What has he done it for?"—I did not tell him that he would find a life preserver—I did not know what it was done with—a life preserver was found on the bed—I have never heard my husband complain of his head—I never heard him say that he had a rushing of blood to his head at times—the only thing I heard him say was, when I saw him scratching his head, I said, "Have you got something in your head?" and he said, "Perhaps I have"—I have not heard him complain of his head feeling very hot—we have been married about five months—I knew him between three and four months before that—he told me he had a brother living at Horsham.
MR. RIBTON. Q. Had you ever seen the life preserver before that day? A. No.
SARAH FISHER . I live at No. 1, Purton Terrace, Ledbury Road. The prisoner and his wife lodged at my house about three months—on 19th Nov. Mrs. Fawn opened her door and called to me—I came down from up stairs—I found her covered with blood—she said, "Mrs. Fisher, pray run after him"—I ran down the stairs, but he was gone—she followed me to the street door; I went for a surgeon—I saw the wound on her head—I cut her hair off, and washed the wound—we have other lodgers, but they were none of them at home at the time—I had seen the prisoner that morning—I know that he and his wife were in their room together, about half an hour before this, because he brought the plates and knives and forks which they had been using at dinner into the wash house, where I was washing—I have the pillow and clothes here—they are covered with blood—I saw nothing more of the prisoner till he was in custody.
Cross-examined Q. You never heard any quarrelling of any kind? A. No, there never was any quarrelling—they lived affectionately together what little time he was at home; he was hardly ever there—I have seen him on his return—he treated his wife kindly and affectionately—he was away for more than three weeks at a time—last time. I think he was away for five weeks—I should think on the whole he was not at my place above three weeks—I believe they had no friends come to see them, but I do not know; I was not in their room at all times—I never knew him bring plates and knives and forks out before this—I do not know why he did it—his wife generally did it—I have never heard him complain about his head—I never knew of his being ill.
MR. RIBTON. Q. When they first came to your house, how long did he remain? A. I do not know exactly, but I should think about a fortnight or three weeks; he was at work for my husband for a week or two, as a painter—when he has nothing to do, I believe he travels about.
JOHN ALLEN . (Policeman, T 57). On 19th Nov. I was called in—I found Mrs. Fawn sitting on the foot of the bed, and Mrs. Fisher holding her up—she was very much excited, and there was a great deal of blood about her—this was before the medical man came—I found this life preserver—it was broken in two—there was blood on the string—it was a recent fracture—I believe it is quite a new instrument.
CHARLES CLARK . I am a surgeon, at Adelaide Terrace, Notting Hill. On 19th Nov., I was called to see Mrs. Fawn—I found her sitting on the foot of the bed, in a state of great excitement, with a wound on the right side of the head, on the parietal bone, and blood issuing from it—I also found a great deal of extravasated blood under the scalp, around the wound, and a great quantity of blood over her shoulders—I probed the wound, and found that it had been laid bare, and felt rough—such an instrument as this life preserver would cause such a wound—I attended her for nearly a fortnight—in all cases of wounds on the head, erysipelas or inflammation might ensue—no such symptoms did supervene.
Cross-examined Q. I suppose erysipelas may ensue from any wound in the head? A. Almost any wound—there was no danger in this case from the wound itself—I also found a bruise on the cheek bone—I cannot say whether that arose from a fall.
GEORGE BROWN . (Policeman, T 22). On 2nd Dec, I went to Chichester, and found the prisoner there in the gaol—he had been detained on this charge, by his description in the Police Gazette—I told him I apprehended him on a warrant for assaulting and wounding his wife, and I said to him, You are not obliged to say anything to me unless you like; whatever you do say I shall take notice of it, and it may be used in evidence against you—he made no answer—I took him to the George and Dragon public house, and the landlady told me, in his presence, that on the Sunday night previously he had come to the house in a very excited state, that he asked for a bed, and said, "Have you heard anything of my wife?"—on the road from the station I saw a woman whom I thought was his first wife, from what I had heard; and it was represented to me there were three children—I said to him, "Have you anything to tell me respecting the three children?"—he said, "I will tell you all about that directly; they are not the children of my wife, they are the children of the woman I have been living with."
Cross-examined Q. Have you ever said anything about this until this-day? A. I have not-—I did not instruct the attorney for the prosecution—I do not know who did.
GUILTY .— Ten Years Penal Servitude.
MR. METCALFE. conducted the Prosecution.
RALPH NORTH SPICER . I am a solicitor, of No. 5, Staple Inn. The prisoner was occasionally employed by me to do copying at my office—on 9th Dec I received from my father this cheque (produced) for 5l., drawn by Mr. Dalton—I had received two other cheques before, and I put the three into my table desk, in the prisoner's presence, and locked the drawer—I gave one of the cheques to a gentleman named Walthew, put the other into my pocket, and left the third in the drawer—the prisoner had the opportunity of seeing that it was left there—I left the office between 12 and 1 o'clock, leaving the prisoner there, and Charles Wheeler, my clerk—I was absent about half an hour—I returned, waited in the office not mere than ten minutes, and then went out, and was absent for about half an hour again; I then immediately went to the drawer, and the cheque was gone—when I returned the first time the prisoner was in the office, and Wheeler was out,; he came in, to the best of my recollection, before I left the second time, but I am not quite positive—the prisoner was not in the office when I came back the second time, and I did not see him that day, or the next—he had finished the work he had in hand, but he ordinarily attended every day—he had been paid for the work which he had done, except the last, but I had lent him much more than what was unpaid—he came to me on Friday morning, the 11th, at the Bankruptcy Court, in consequence of a letter which I wrote to him to come there to work, and after his work was finished I gave him in charge; I could not get an officer before—when I went out that day, he had whiskers half down his face, and a good deal of hair under his chin, but on the Friday morning it had all disappeared, and he was as he is now.
Cross-examined by MR. RIBTON. Q. Had you seen him on the Tuesday? A. Yes—he had whiskers then, and a quantity of hair here—I had observed him with it before, and am not mistaken—I first knew him about May, 1856—he was then employed by me—he went away about the latter end of July, and I first saw him again about the last week in Nov. last—he informed me that he was an articled clerk—I had rather a high opinion of him—I forget whether he had whiskers last year, but this year he certainly had—I did not see him in 1856 till the last week in Nov.—I then employed him for two or three days, but not for the whole day—I paid him by piece work: he could go out when he liked—he had whiskers on the last day, but they did not come down more than half way, and he had a quantity of hair under his chin—he was at work for me, I think, every day without intermission up to 9th Dec.—I saw and conversed with him every day except Sundays—the three cheques were lying close together, or folded together—I went out and in twice or three times—there was a boy named Wheeler in the office; he was the only person—I left the drawer unlocked the last time I went out; before that it had been looked—I knew where he resided—there was nothing for the prisoner to do on Thursday, to the best of my knowledge—on the Friday, my clerk, by my direction, sent him a letter to attend at the Bankruptcy Court, to take some evidence on a disputed proof—he did attend there—I saw him just before 12 o'clock; he was at work there about two hours—he did what I requested him, and I then gave him into custody—the Bank clerk attended at the Bankruptcy Court, and I asked him to look at the prisoner—it was after he told me he had no doubt he was the party, that I gave him into custody—he said first of all, "You
are bringing a false charge, Mr. Spicer; I am too innocent to do anything of the kind"—I said, "I hoped you were, but the Bank clerk identifies you distinctly"—he then requested to speak to me—he appeared rather astonished, not particularly agitated—he said at the station house that the charge was untrue—his appearance was different on the Friday morning; his hair had been shaved off, and the hair under the chin also—I did not say anything to him about it, nor to the bank clerk, nor did he to me.
GEORGE WHEELER . I am clerk to Mr. Spicer—on 9th Dec. I was in the office—I remember Mr. Spicer going out about the middle of the day—at that time the prisoner was in the office with me—while Mr. Spicer was out the prisoner's wife came to the office; that was about 10 minutes to 1 o'clock, before Mr. Spicer returned the first time—the prisoner told me to go to my lunch, and I left him and Mrs. Scott in the office together, and nobody else; when I came back Mr. Spicer was there, and the prisoner, Mrs. Scott was gone—Mr. Spicer afterwards went out—after that the prisoner seemed as if he was looking for some paper—he opened the drawer—I was standing by the fire place, and I saw the cheque in the corner, rolled up; he then shut the drawer—I had seen Mr. Spicer put the cheque into the drawer, and I had seen him pay one to Mr. Walker, and put another into his pocket—I saw the third cheque safe in the drawer when the prisoner opened it—he did not take anything out then—he then said he was going to his lunch, and while he was gone, Mr. Spicer returned, and went to the drawer—it was directly after Mr. Spicer had gone out that he opened the drawer; before Mr. Spicer came back the first time, and directly after Mr. Spicer had left the second time, the prisoner said he was going to his lunch, and went away—while he was away Mr. Spicer returned—the prisoner came back that evening while Mr. Spicer was out, and he wrote this note, and told me to give it to Mr. Spicer, and ask him to leave an answer—I told the prisoner that Mr. Spicer had lost a cheque, and that he had gone down to the bank to stop payment—he told me to ask Mr. Spicer to be sure and leave an answer to the note, as it was very important, and he would return in half an hour, as Mrs. Scott was waiting for him—I gave the note to Mr. Spicer—I did not see the prisoner again till I saw him at the Bankruptey Court—(Note read: "Dear Sir,—I enclose you two bills for 5l. each, which, if you will cash for me, I shall feel obliged. I hope what the boy tells me about your losing a cheque will prove incorrect, and that you have mislaid it. Yours truly, Robert Scott. Mrs. Scott has just called for me, but I shall be in directly.")—On the Wednesday I noticed that the prisoner had whiskers, and a quantity of hair under his chin—when I saw him at the Bankruptey Court he had not any.
Cross-examined Q. You say you saw this particular cheque rolled up? A. Yes; it was crumpled up, as cheques generally are—it was in the corner of the drawer—there were other papers there—the prisoner usually told me to go to lunch—it was twenty minutes past 1 o'clock when I came back—Mr. Spicer said that he was going into the City, and would get his lunch; and directly he had gone, the prisoner went out also—Mr. Spicer came back before going to the City, and went to the drawer—it was about half past 1 o'clock that the prisoner left for his lunch—I am quite sure that he had whiskers—I had noticed them before, when he has been sitting in the office—my attention was not directed to them in any way—he had hair under his chin—it was not very bushy—it was a kind of brown colour—I have always seen him wear those whiskers since I have been there—I went
on the 1st of Dec.—he had no whiskers at the Bankruptey Court on Friday—I noticed that directly I saw him—I mentioned it to the banker's clerk when I fetched him—I went to fetch him from Currie and Co.'s, Cornhill, and walked with him from there to the Bankruptey Court—I told him that the prisoner had no whiskers, and no hair on his face—what I said was, that Mr. Scott had shaved all the hair off his face—I did not tell him that Mr. Scott was the man who had taken the cheque—I suppose he knew he was going to identify the prisoner—I did not tell him so—I did not tell him that we had got the man who stole the cheque—Mr. Spicer had been to the bank before that.
HENRY BULLOCK . I am a cashier at Currie's, the bankers. On 9th Dec. this cheque was presented to me—I cashed it with five sovereigns—to the best of my belief it was the prisoner who presented it—it was only five minutes after I had paid it that Mr. Spicer came and inquired if I could identify the party, and I described him as having whiskers—the person who presented the draft certainly had hair on his face, but whether they were whiskers adjoining his hair, or merely hair on the chin, I cannot say, because he had his hat on—to the best of my belief the prisoner was that person.
Cross-examined Q. You had never seen him before? A. Not to my knowledge—I cash a great many cheques during the day—I do not undertake to speak positively to the prisoner, since he has been shaved—I could speak with more certainty to a man with hair on his face—I noticed hair on the chin, and whiskers, as I thought—I described him to Mr. Spicer as having hair on his face—I did not observe whiskers on the side of the face—it was not a beard—the hair was on the chin, or on a portion of the cheek, possibly—I did not notice under his chin, he did not hold his head up—I cannot tell what colour it was—I believe it was rather a darkish dye—Wheeler came to me from the Bankruptcy Court—he told me that Scott was at the Bankruptcy Court, and I was to come there to identify him, but he had been shaved—I went there—he was not shown to me—I saw Mr. Spicer walk up to him, and directly I looked at him I thought by his features he was the same person.
MR. RIBTON. called the following witnesses for the Defence.
JOSEPH DRAKE . I am acting as barber in the prison—I shaved the prisoner on Saturday last—I believe I am able to tell whether a man has had whiskers or not—I should rather think the prisoner never had any, except about the chin and the mouth—I should not think he has had whiskers—I have examined his face just now—I did not shave any whiskers off him—I should think he has never had any.
Cross-examined by MR. METCALFE. Q. You think he has had hair on his face? A. Only on the chin and mouth—I should rather think he has not had any under the chin—I never shaved him there—if he had had any, and that had been shaved, there would be a roughness at the present time—I am a prisoner confined in this gaol for trial—I am merely allowed to shave the prisoners—I think I can undertake to swear that the prisoner never had any hair on his cheek—I would not undertake to say as regards the chin—I only felt for whiskers—I felt in the usual way, just round the cheek bones and the side of the face—I have been accustomed to act as barber since I have been in the gaol—I am a dairyman, but I can shave and cut hair as well as a barber, and did so long before I was confined here—I have been confined here about three weeks or a month—before
that I was milking cows and feeding pigs—I can undertake to swear that the prisoner has no whiskers.
(The witness was directed to go into the dock and examine the prisoner).
MR. RIBTON. Q. Have you now examined him under the chin? A. Yes—I should think he never had any hair there—he has not taken to shaving long—if he had had any whiskers there, there would be sufficient stubble to enable me to say if he had shaved it off—I am sure I can undertake to say whether a man has had whiskers or not, and it is my belief he never has—he has not been shaved since Saturday.
ALEXANDER MASON MACDOUGAL . I am house surgeon at Guy's Hospital. I am able to tell from examination whether a man has had hair on his face, and that hair has been cut—I have just examined the prisoner—he has had hair on his face, and it appears to have been cut—I cannot say that he has had whiskers, I only say that there has been hair on his face, and that hair has been cut—I think there is the remainder of what is commonly called stubble on his face.
NOT GUILTY .
PLEADED GUILTY .— Confined Eighteen Months.
RICHARD DAVIS . I keep a coffee house at No. 7, Great Chapel Street, Westminster. The prisoner has been in the habit of coining to my house for a fortnight or three weeks past with orders for refreshment from the lieutenant, and he has brought recruits at different times—on 24th Nov. he brought me this order—(Read: "Mr. Davis, let Mr. Bailey (sergeant) have a bed and supper, for Lieutenant Williams")—my wife supplied him with his supper; he had 2s. worth of food—he did not have a bed—he wanted to bring a female, which I would not allow.
LIEUTENANT CHARLES PHILLIPS WILLIAMS . I am recruiting for the 5th Fusileers—the prisoner has been employed under me—this order is not my writing; it was not written by my authority—I have been in the habit of issuing orders to the same effect, but not exactly of this character.
ALFRED WELSBY . (Policeman, B 55). I took the prisoner into custody on 30th Nov.—I told him I must apprehend him for obtaining goods under false pretences from Mr. Legg and Mr. Davis—he said, "I will pay them as soon as I get my pension, that will be on Wednesday"—I said, "What have you got to say to forging Captain Williams's name?"—he said, "I am very sorry that I ever saw him."
Prisoner's Defence. Lieutenant Williams wished to raise 100 recruits at his own expense, with a view to obtain his commission, and engaged me; it is customary to take the recruits to a coffee house; sometimes he would write the order, and when unable to get the money, he has authorised me, both verbally and in writing, to get a bed and supper; he knew I was without money, and during the week I took the usual order for bed and supper; on the Saturday he would come to no terms, and I had no alternative but to request my creditors to wait till the following Wednesday, but in the interim he gave me in charge; I went to India in 1842, as orderly-room sergeant, and have served in the Gwalior campaign, in the Sutlej, and the Punjaub, and received one star and two medals, with clasps; what I did I did in ignorance, and without the most remote idea of doing wrong.
LIEUTENANT WILLIAMS . re-examined. He occasionally applied to me for money, and I have given him money; I have his book here, by which it will be seen that I advanced him money continually, and I found that he made a most improper use of it—I did not refuse to advance him money on 24th Nov.—I advanced it to him up to the last moment—I had no idea that he was signing orders in my name—he is a pensioner.
GUILTY.—Recommended to mercy on account of his services.— Confined Eight Months .
EDWARD MINTON . I am clerk to William Neville and others, of Gresham Street; on the afternoon of 7th Dec the prisoner came and produced this order—(Read: "70, Burlington Arcade, 27—11—57; Messrs. Neville, let the bearer have twelve dozen men's white merino, half hose, from Mrs. Darke.")—I told the prisoner that I did not know him, and asked if he could give me a reference to any house in the neighbourhood to whom I could apply; he said he did not know—I named several houses to him, amongst them Messrs. Morley's—he said he thought they might know him, and I accompanied him there—I asked him if he brought the order from Mrs. Darke; he said, "Yes"—they did not recognize him at Morley's, and I returned with him to our warehouse, gave him a portion of the goods ordered, and sent a porter with him with orders to give him into custody if the order was not genuine.
THOMAS HICKS . I am a porter to Messrs. Neville. I was sent with the prisoner to Mrs. Darke's—I asked Mrs. Darke if she knew him; she said, "No!" and the order was not genuine—the prisoner said a man gave him a shilling in Burlington Arcade to bring the order to Messrs. Neville, and get the goods.
Prisoner's Defence. I did not write the order.
(The prisoner received a good character.)
GUILTY. of Uttering.— Confined One Month.
NEW COURT.—Tuesday, December 15th, 1857.
PRESENT—Mr. Ald. FARNCOMB.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Fifteen Months.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
FRANCES DAWSON . My mother sells fruit in Covent Garden Market. On 26th Nov. the prisoner came, between 8 and 9 o'clock in the morning—I am quite sure she is the person—she bought half a peck of chesnuts; they came to 1s. 3d.—she paid me three sixpences—I gave her 3d. change, and put the sixpences into the till—there were no other sixpences there—about an hour afterwards I had occasion to take a sixpence out of the till, and found it was bad—no one had been attending to the till in the mean time but myself—I then looked, and found another of the sixpences was bad—I wrapped them in a paper, and put them into my purse, apart from other money—on 3rd Dec. the prisoner came again, about the same time in the morning; she wanted half a peck of chesnuts—she offered me a shilling for them; I agreed to take it—she paid me two sixpences; I tried them immediately, and found both were bad—I sent for the beadle, and gave him the last two sixpences, and the two which she had uttered before—she was taken into custody—she said she did not know they were bad.
Prisoner. Q. Did I ever give you any bad money before? A. Not that I know of—you were in the habit of coming to my shop for a very long while.
MICHAEL M'CORMICK . I am shopman to Mrs. Dawson. I was in the shop on 26th Nov.; I saw the prisoner give Miss Dawson three sixpences—on 3rd Dec. I saw her give her two sixpences—she put them between her teeth, and said, "These are bad, and you gave me two bad ones this day week"—I sent for the beadle, and I saw a piece of paper drop from the prisoner—a lad and I picked it up; it contained a bad sixpence—I went with the prisoner, and as she was going into the dock I heard something rattle; I stooped, and found a bad sixpence—I gave them to the constable.
WILLIAM GOULD . I am beadle of Covent Garden Market. I produce four sixpences which I received from Miss Dawson, and two that I received from M'Cormick—I took the prisoner, and asked if she had got any more; she said, "No"—I told the last witness to follow behind her, and just before she got into the dock, I heard something drop; the witness stooped, and picked up a sixpence—the prisoner had before dropped one in the market.
GUILTY.—Recommended to mercy by the Jury.— Confined Six Months .
SADLER PLEADED GUILTY .— Confined Six Months.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
GEORGE PLUMMER . I live in Spicer Street, Mile End New Town, and sell newspapers. On 22nd Nov. Sadler came to my house in the evening for Reynolds's Newpaper—it came to 2d.—she laid down a half crown on the counter—I gave her 2s. 4d. change—I took up the half crown, and found it was bad—she had just left the shop—I did not call to her for fear she should run away, but I followed her for about forty yards—Ryan was waiting there—she went directly to him, and passed something to him—he was standing just by a gas lamp—I saw that they were leagued together, and I followed them—they went into a public house called the Ten Bells—I saw them there in company together, and I gave them into custody—I gave the half crown to the policeman—the inspector said to Sadler, "What have you done with the change?" (she had been searched, and no money found on her) and she said that she had spent it—I said that was impossible, for there was nothing but a dead wall between her and the man, and I had not lost sight of her.
PORTER WILLIAM DONOWAY . (Policeman, H 129). The last witness pointed out to me the two prisoners, who were walking along together in Brick Lane—I followed them 100 or 150 yards—they went to the corner of Fashion Street, and turned back, and went into the Ten Bells together—I went and got assistance, and took them both—Plummer charged them with passing a bad half crown—they made no answer—they were taken to the station—I found 6s. 3d. in Ryan's left band trowsers pocket, and a bad half crown with the other money, a box of lucifer matches, and a cotton candle—I told him the half crown was bad—he said he did not know it—on Sadler was found 1 1-4d. and a newspaper—I asked Ryan his address—he refused to give it—he said he was a wine cooper—he was asked where he worked—he said he should not tell, as it might injure him.
Ryan. Q. Did you see me at the corner of Fashion Street? A. Yes; there were two other officers in the Ten Bells; one took hold of one of your hands and the other the other, so that you could not put your hands into your pocket—I know now where your wife lives, because I followed her home from the Police Court—I did not take 6s. 10d. from you, it was only 6s. 3d.
COURT. Q. Where does his wife live? A. At the bottom of Thrawl Street, about a quarter of a mile from where I took him.
Ryan's Defence. On the night of 22nd Nov. I went to Stepney for a half sovereign which was owing to me; I got there about half past 6 o'clock; I remained there till half past 8 o'clock; and it being Sunday evening, and the shops being shut, I asked the man's wife to give me two candles, a box of matches, and a bit of tobacco; I laid down the half sovereign on the table; she took it off, and gave the change; as I came home this female spoke to me, and asked me to go with her; I refused, and said I was a married man; and, on purpose to get rid of her, I went to the public house, and gave her a drop of beer, and the officer and the witness came in and took her and me at the same time; if I had wished to pass bad money, should I not have put down the bad half crown for the beer? but I did not; Mrs. Williams is the person I received the half crown from that was found on me.
DIANA WILLIAMS . I am the wife of William Williams, a lumper. On the Saturday night previous, the 21st, Ryan called at my house, and waited a long time for my husband, till nearly 12 o'clock—he then said he would
wait no longer—I said, "You had better call on Sunday"—he called on the Sunday evening, and I gave my husband a half sovereign—I saw him give it to him—he asked me to get candles and matches, and half an ounce of tobacco—I gave him these things, and he gave me the half sovereign—I am a laundress—I gave him change out of my own box—there was one half crown only in the change.
COURT. Q. What time was this? A. I think it was a little after 11 o'clock—it was late I know—I cannot say the time.
Ryan. Q. What time was it when I came to your house? A. Quite early in the afternoon; but what time you left I cannot tell—it might be between 10 and 11 o'clock; I know it was latish.
COURT. to DONOVAN. Q. What time was Ryan apprehended? A. About half past 9 o'clock.
RYAN— GUILTY .— Confined Two Years.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
(The prisoner, being a Lascar, had the evidence interpreted to him).
JOSEPH CUTTERMOLE . I live in East Street, Limehouse, and am a galyanizer. On 19th Nov. my little girl kept a stall in the Commercial Road—about half past 6 o'clock that evening, she told me something, and I watched the prisoner; I saw him go to Sophia Thomas, and buy a halfpenny worth of apples; I saw him pass a 4d. piece to her—he then went to Lawless; I did not see him pass anything there, but as soon as he went to that stall I took him, and handed him over to a policeman—I told the prisoner he had been uttering bad money—he said, "That be one d—lie."
SOPHIA THOMAS . I am the wife of William Thomas. On Thursday, 19th Nov., I had a stall of apples in the Commercial Road—the prisoner came for a halfpenny worth of apples, he gave me a shilling; I did not like it—he gave me a sixpence, and I gave him 5 1/4 d. and a halfpenny worth of apples—I put the sixpence into my purse—he came again about three quarters of an hour afterwards, and gave me a 4d. piece for a halfpenny worth of nuts—I put it with the sixpence into my purse—I saw the prisoner afterwards in custody, and gave the two coins to the policeman—the prisoner spoke in broken language, but so that I could understand him.
CATHERINE LAWLESS . I shall be fourteen years old on 17th April. I keep a little stall in the Commercial Road—the prisoner came and wanted a halfpenny worth of apples; he gave me a 4d. piece, and I gave him change, and put the 4d. piece into my purse—I had no other there—in half an hour the prisoner came again, and asked for a halfpenny worth of apples; I served him, and he gave me another 4d. piece; I gave him change, and he went away—I showed the 4d. piece to a neighbour, and ascertained that it was bad—I went after the prisoner, and found Cuttermole had got him in custody—I told him he had given me two bad 4d. pieces, and he must give me back my change—he said he took them at a public house over yonder—I gave the prisoner the last 4d. piece I took of him; I gave the first one to the policeman.
JAMES LOOKER . (Policeman, K 334). I took the prisoner from Mr. Cuttermole on 19th Nov., on a charge of passing bad money—the last witness said the prisoner gave her two bad 4d. pieces—I asked the prisoner
where he got the bad money—he said, a "From a public house over yonder"—I received this 4d. piece from Lawless, and one I took from the prisoner's hand—I got this 4d. piece and this sixpence from Mrs. Thomas—I searched the prisoner, and found this bad sixpence in his cap and a bad shilling tied in a handkerchief down the inside of the leg of his trowsers—I told him they were bad—I found on him 1s. 9d. in copper.
FREDERICK WILLIAM LINCOLN . These two groats taken by Lawless are both bad—this groat and sixpence are both bad—this sixpence and shilling found on the prisoner are bad—the 4d. piece passed to Thomas is from the same mould as the one found in the prisoner's hand.
Prisoner's Defence. I did not know the money was bad; I had been out of employ three months.
GUILTY .— Confined Twelve Months.
119. JOHN RILEY (27) , Breaking and entering the warehouse of Anthony John Smith, and stealing 270 yards of cloth, value 40l., his property; also, breaking and entering the counting house of Nicholas Hammond, and stealing two books and other articles, the goods of Thomas Woodgate: to which he
PLEADED GUILTY .— Confined Six Months on the First Indictment , and Three Months on the Second.
120. JOSEPH SMITH (43), DUGALD SUTHERLAND (21), and EDWIN COLLINS (18), were indicted for stealing, in the dwelling house of Nathaniel Defries, one cup and other articles, value 40l., his property, to which
SUTHERLAND PLEADED GUILTY.— Judgment Respited.
COLLINS PLEADED GUILTY.— Recommended to mercy by the Prosecutor.—Judgment Respited.
MR. ORRIDGE. conducted the Prosecution.
NATHANIEL DEFRIES . I live at No. 5, Fitzroy Square. On the morning of 30th Oct., I missed from my house a large quantity of plate—Collins had been in my service as footman about three weeks—he had left me on Tuesday, 27th Oct.—I returned from Brighton and discharged him—I missed a tureen and cover; a cup, which was presented to me, and which I valued very much; a sugar basin, four salt cellars and spoons, a butter knife, and other things—I have not seen them since—Sutherland came after the situation exactly at the time of my discharging Collins, and I said to him, "I am about discharging this man because he allowed a stranger to sleep in the house"—I did not take him into my employ, in consequence of his character, but he came day after day and night after night to be engaged—I saw him at my place with another man, between the time of my discharging Collins and the robbery—Friday night, 30th Oct., was the commencement of my Sabbath—on the Saturday morning I missed my property—I had a party on Friday, and the sugar basin and some other things were left down stairs.
DANIEL NATHANIEL DEFRIES . I am the son of the last witness. On the morning of 27th Oct. I came down stairs, between 6 and 7 o'clock—I went into Collins's bedroom—I saw Smith there finishing dressing; he was lacing up his boots—I asked Collins who he was; he made me no answer—I asked Smith who he was; he said nothing—Collins came out of the bedroom; I put the same question to him again, and he said Smith was a person out of place—I immediately went up stairs to inform the cook, and when the cook came down Smith had left the house.
Cross-examined by MR. POLAND. Q. Does your father keep a coachman? A. Yes, he lived in the mews—I do not know whether Smith was in the habit of visiting him—Collins was in my father's service.
JOSEPH LAMBERT . (Policeman, E 68). In consequence of information, I went to Sutherland; I told him he was charged with committing a robbery at No. 25, Fitzroy Square—he said he knew of the robbery, but he had none of the plate—I asked him if he knew Collins; he said, "Yes"—I asked when he saw him last; he said, "On the 31st, the day after the robbery, in company with Smith."
Cross-examined Q. Did you apprehend Collins? A. Yes, two days afterwards—he asked me if I had got Sutherland—he said he had half the plate, and Sutherland had the other half.
JOSEPH COMBER . I live in Manning Place, and am a cab driver. I know Smith—I saw him on 5th Nov.; I asked him if he knew anything of the robbery which had been committed at Mr. Defries—he said that he did, and he was asked to be in it by Collins; and he asked Collins if there was anybody else in it, and Collins said, "Yes," Blackey was in it," meaning Sutherland, and then he said he would have nothing to do with it, as Blackey was in it—I saw Smith again, two or three days afterwards, but we had no more conversation about it—I saw my brother Thomas, and told him that I should tell about the robbery—after that, my brother Thomas and Smith came to me, and Smith asked me whether I was going to tell about the robbery—I said, "Yes;" and he told me not to do so—I cannot exactly remember the words he used, but he said, "Don't say anything about it, or else you will bring me into it"—I said, "Very well"—I did not say I would or would not.
Cross-examined Q. Do you know Collins? A. No; nor Sutherland—I know Smith by sight; I have not known him long—I believe this conversation was on 5th Nov.—he called on me, but I called on him first—this conversation took place in going from Mr. Blain's house to Lisson Grove—I saw Smith at Mr. Blain's—I believe he lodged there—his house is in Conduit Street, which runs out of Oxford Street—I went to Mr. Blain's, and there saw Smith—I did not speak to him about the robbery at Mr. Blain's—I do not recollect that Mr. Blain said anything about the robbery.
Q. Did he not say that Smith could have nothing to do with it, because he slept in his house on the night of 30th Oct.? A. He did mention it, but not at that time—I believe he said so afterwards—this conversation took place as we were going along—I asked Smith if he knew anything about the robbery, and then this conversation took place—I cannot say when I saw Smith with my brother Thomas—it was a day or two, or it might be two or three days after.
MR. ORRIDGE. Q. Did Blain say to you that Smith could not have been in it? A. He said it in my company.
COURT. Q. Did you know Smith before? A. I knew him by sight; I knew his name—I went to Blain's on 5th Nov.—I knew that Smith lodged there—my brother was there, and I went to see my brother who had been lodging there, but I think he did not at that time—I knew my brother was there—he uses the house—it is a beer shop—I had heard of the robbery on 5th Nov.—I found Smith and my brother Albert in front of the bar—Blain was in the bar, I believe—I think we had some porter—my brother wanted me to go and get a waistcoat out of pawn, and Smith went with me, and that was when the conversation took place—I was not out with my cab that day—my brother had been out of employ two or three weeks—he had been coachman to Mr. Defries—he had left two or three days before, just after this robbery.
THOMAS COMBER . I am a brother of the last witness; I live as footman and coachman with Dr. Vanderville. I know Smith—I had heard of this robbery, which took place on 30th Oct.—I afterwards saw Smith at Mr. Blain's, and we had some conversation—I did not go to see him, but I use that house—I cannot say on what day I went—it might be a week after the robbery—I saw Smith—I do not know whether anything passed about the robbery—he told me there had been a robbery—I saw him again on the Sunday week following after the robbery—I told him I had been to my brother's, and he told me he was going to tell Mr. Defries the parties that had done the robbery, and he must bring him (Smith) into it, because he thought the right horse should wear the saddle—he said, "I hope to God he won't; for, if he does, he will bring me into it, and I shall deny every word that I said"—he asked me if I would go back to my brother—I said, "I don't know whether I have got time;" but I looked, and I had got time, and I went back with him—my brother was in bed, and Smith said to him, "Joe, I understand you are going to tell Mr. Defries the parties that done the robbery; and if you do, I shall deny every word that I said."
Cross-examined Q. Did not Smith tell you he had had nothing to do with the robbery? A. Yes; he said on the way to my brother's, "I had nothing at all to do with the robbery"—my brother Albert was coachman to Mr. Defries.
WILLIAM EDS . I keep a beer shop at No. 11, Coulton Place, Marylebone Lane. Sutherland lodged at my house at the latter end of Oct.—on 30th Oct. he was out all night—I did not see him when he returned in the morning—a lodger let him in a little before 8 o'clock—I saw him afterwards with Albert Comber—Smith had called before that—he did not call for anything—he called there every day—he had been in the habit of using my house for twelvemonths—I had seen Smith and Sutherland together on many occasions—when Sutherland came in at 8 o'clock, he went up stairs, and came down afterwards—I did not see Smith there, when he came down—Smith called in about 9 o'clock—there was no one there then but myself——I do not know what he came in for—he used to come in to look at the newspaper—I have many persons who come in, and do not drink the first time they come in—I do not take any notice with persons that I know.
ALBERT COMBER . I am a brother of Joseph and Thomas Comber; I was coachman to Mr. Defries. I left him four or five days after the robbery—I was not discharged; I gave notice—I know Smith and Sutherland—I went with Smith and Sutherland to Sutherland's lodging two or three days after the robbery—Sutherland told me, in Smith's presence, that he had got a portion of the plate up stairs—we had been to Blain's before that, and talked about the robbery—Sutherland afterwards said to me, "I have got some of the plate up stairs at Mr. Ede's"—we went on to Mr. Ede's, and went upstairs, and then Smith pulled up the bed, and took out several pieces of plate between the bed and the mattress, and showed them to me—one was six or seven inches long and four or five inches wide; another was something like a basin, but doubled up; another was a good deal like an egg cup, but much larger; there were some letters on it; and another thing seemed to hold about a pint and a half or a quart, with two handles.
Cross-examined Q. How long were you in Mr. Defries's service? A. Nearly a month—I left four or five days after the robbery—I gave notice to Mr. Defries, as the place did not suit me—I told him to get some one else in a week's time—I was only a weekly servant—I did not stop till the
end of the week; I left in four or five days, without further notice—I have known Smith four or five months—I did not introduce him to Collins—he and I and Collins have been together drinking at Mr. Blain's house—I cannot say whether it was two or three days after the robbery that I saw the plate in Sutherland's room—it was before I left Mr. Defries—I did not tell Mr. Defries of it when I went back.
COURT. Q. What was it gave you a dislike to Mr. Defries's place? A. Mr. Defries was always finding fault with one thing or another; and likewise I was to have the clothes, and I never had them.
ELIZABETH COMBER . I am the wife of Joseph Comber. I never knew Smith till 5th Nov., when he came to our house, No. 9, Manning Place—he asked me whether I would go to Mr. Defries's stable and get a note for him out of a tin in the room adjoining Albert Comber's room, in the room next to the coal cellar—I said, "Yes;" and I went and got the note, and gave it him at my place—he read it—I only saw him once afterwards—he said to my husband, that if my husband opened, he would deny everything that he had said—he said, on the 5th Nov., that he saw the plate between between the bed and the mattress at Blackey's lodging.
(SMITH received a good character.)
NOT GUILTY .
121. THOMAS WILLIAMS (17) , Feloniously assisting William Green, a prisoner, to escape from the House of Correction at Holloway; and WILLIAM GREEN (20) , Feloniously inciting him to commit the said felony to which
GREEN PLEADED GUILTY .— Confined Three Months from the expiration of his present sentence.
WILLIAMS PLEADED GUILTY .— Confined Three Months.
OLD COURT.—Wednesday, December 16th, 1857.
PRESENT—The Right Hon. the LORD MAYOR.; Mr. Justice ERLE.; Mr. Justice CROWDER.; Sir CHAPMAN MARSHALL., Knt., Ald.; Mr. Ald. FARNCOMB.; Sir FRANCIS GRAHAM MOON., Bart., Ald.; and MICHAEL PRENDERGAST., Esq., Q. C.
Before Mr. Justice Erle and the Fourth Jury.
122. JOSEPH HEMINGWAY (45), was indicted for feloniously forging and uttering an acceptance to a bill of exchange for 50l.; also, an acceptance to one for 31l. 4s.; with intent to defraud: to both of which he
PLEADED GUILTY .—(The prisoner received a good character.)— Six Years Penal Servitude.
MESSRS. BODKIN. and SLEIGH. conducted the Prosecution.
EDWARD JOHN MELLERSH . I am a clerk to Messrs. Coutts and Co., bankers, Strand. On 5th Nov. this order was presented to me at the counter by the prisoner—(Read: "Please send by bearer a cheque book, H. and S. R. Lewin")—Messrs. Lewin keep an account with us—I delivered to the prisoner a cheque book marked No. F. D. 9, 651 to 9, 800, containing 150 cheques—on the following day the prisoner presented this cheque for 250l.—it is a cheque taken from that cheque book—I paid it with a 200l. note, No. 45, 668, dated 11th March, 1857, and 50l. in gold.
order for the cheque book is not my writing, nor written by my authority, nor is this cheque—it is not the writing of my nephew or of any person in my establishment—I know nothing of a blank cheque book being sent for on that date—I gave no authority for the drawing of this cheque—it is a pretty good imitation of my writing—my nephew's is quite different—I know nothing of the prisoner.
JOSEPH REECE ADAMS . I am one of the principals in the issue department in the Bank of England. On Friday, 6th Nov., my attention was called to this 200l. note, No. 45, 668, which had been presented—I saw the prisoner, and said to him, "You have put the name of Thomas Brown, 105, Oxford Street, on this, and we do not find that address; let us know something about it"—I had previously looked in the Directory—he got confused, and said, "Well, I should like to tell you that a man gave it me in the street"—Funnell, the officer, was called in, and the prisoner was given into his hands.
EDWARD FUNNELL . I am a detective officer, of the City of London. I was called to the Bank; and saw the prisoner there—in consequence of a communication that was made to me, I asked the prisoner where he got the 200l. note from—he said a man had given it to him in the street—I said, "Where in the street?"—he said, "In Ludgate Hill"—I asked him what he was to have for getting it cashed—he said, "A pound"—I asked him where he was to meet the man again—he said, "In St. Paul's Churchyard"—I asked him to write his own name and address on a piece of paper, which he did, "William Wilcox, 76, Hatton Garden, clerk," that was correct—I was not in uniform, but I had told him that I was an officer—I took him to the station—I there asked him if he had any more notes about him—he said, no, he had no more notes, but he had some loose cash—I told him that he must put it out on the desk—he put his hand into his pocket, and pulled out a handful of gold, and laid it on the desk—I asked where he got it from—he said, the same person that had given him the note to get cashed had given him the gold—I asked what he was going to do with the gold—he hesitated, and made no reply—I counted it, and found twenty sovereigns—I then asked him if he had been to Messrs. Coutts that day—he said, "I have, I may as well tell you the whole truth about it; the man that gave me the note to get cashed, gave me a cheque for 250l., which I took to Messrs. Coutts, and got cashed for a 200l. note and 50 sovereigns"—I asked what had become of the remaining part of the gold—he said that he had put his hand into his pocket, and given it to the person that gave him the cheque—I said, "How much did you give him?" he said, "I don't know; I put my hand into my pocket, and gave it to him indiscriminately."
Prisoner. Q. I subsequently gave you different particulars and addresses; did you not find those correct? A. No; you gave me none except your own; I found that correct, you were clerk to a Mr. King—you stated that your wife lived at Manchester, and I found a letter from her at your lodging.
(The cheque and note were put in and read.)
The prisoner put in a written defence, stating that he was employed in the transaction by a person whom he met at Mr. King's.
(The prisoner was further charged with having been before convicted).
HENRY BATEMAN . I am a police officer, of Manchester—I produce a paper from the office of the Clerk of the Peace there—(Read: "William Wilcox, Convicted at the Borough Sessions, Manchester, Dec., 1849, of Larceny;
Confined Twelve Months.—I was present at the trial—the prisoner is the person referred to.
GUILTY.— Four Years Penal Servitude.
(There was another indictment against the prisoner for forging and uttering the order for the cheque book.)
Before Mr. Justice Crowder.
MR. SLEIGH. conducted the Prosecution, and MR. RIBTON. the Defence.
GUILTY .— Fifteeen Years Penal Servitude.
Before Mr. Justice Erle.
MR. PAYNE. conducted the Prosecution.
ELIZABETH THOMAS . I am a single woman, and live at No. 47, Park Street, Dorset Square. In Oct. last I lived at No. 11, Adam Street East, Marylebone at the house of Mr. Gilmore—the prisoner and I both lived in one room there—on 29th Oct. I had to go into the infirmary, and was there three weeks—I came out on 19th Nov.—I went back to my lodging—I asked the prisoner if there had been any letters there—she gave me one which was opened, and said it had come that morning—I asked if there had been any money in it—she said, "No"—I expected some—I wrote home to my friends, and received an answer on the 24th—I afterward, on the same day, asked the prisoner for the remainder of the tickets of my clothes—she gave them to me—I then asked her for the letter and the money order that was in it—I told her that I had had a letter stating that it had been sent and received—she bounced up and went into a passion, and brought forward four bills, and said that I owed her that money—I do not know what they amounted to—she afterwards gave them to the policeman—her father was in the room at that time—he is rather deaf—he asked what was the matter, and I repeated it to him, and while I was repeating it she jumped up, took a knife out of the table drawer and said she would stab me and be the death of me, if she was hanged for it, and with that I went out of the room as quickly as I could—she stated before that that she had received the money order and kept it for the debt, and then she brought up these bills—I did not owe her any money—I made inquiries at the post office in Old Cavendish Street—the signature to this order (produced) is not my writing—I never authorised the prisoner or anybody to sign my name and receive the money—I received 2s. from the prisoner on Friday, the 20th, the day after I came out of the infirmary; I told her I was so badly off I did not know what I should do, I had not a penny to get anything, and she gave me the 2s. and said, "Don't show it to my father."
Cross-examined by MR. SLEIGH. Q. How long have you known her? A. From about 5th June this year—we lodged together to save expense—she had no money when she came to me—I kept her for a whole month and paid her rent and board—I was in the country a month, and when I came back I went to the infirmary—I had only received one post office order before this—that was in Sept.—the prisoner knew I received that, and went with me to get the money—I had not told her that I expected this order—I am positive she owes me money—she did not pay the rent out of her own money—she persuaded me to furnish the room, and said she would pay it out in rent till the furniture was hers—her father came while I was in the country—I
found him with her when I returned—I know Adele Hathaway—she was present on the 24th, when I showed the letter to her that the order had been sent in—I had not before that any talk with the prisoner in Hathaway's presence about expecting the order—this is the prisoner's writing to the order—I know it perfectly well—it is her ordinary handwriting, no imitation of mine—she said at the station that I had authorised her to receive the money before I went into the workhouse—Hathaway was present when she said so—she brought her there to take a false oath, but she left the workhouse directly.
MR. PAYNE. Q. Did you ever give her authority to receive the money? A. I did not, nor did I tell her I expected it—the workhouse is not more than 10 minutes' walk from my lodging—I should have been able to sign my name if the prisoner had brought the order to me.
ELIZABETH THOMAS, SENIOR . My husband is a labourer; we live at a place called Mayall, below Swansea. I got this post office order, at the post office at Swansea on the 28th Oct., enclosed it in a letter, and posted it to my daughter—I put her name in the order as the person to whom it was payable—I afterwards received this letter from London (produced)—this is the order I sent—(Read: "Credit the party named in my letter of advice the sum of 10s., and debit the same to my account. Received the above, E. Thomas.")
WILLIAM PYE . I am a clerk to the post office in Old Cavendish Street. I received this advice from the post master at Swansea on 29th Oct., ad paid the order on that day—I do not recollect to whom I paid it—I cannot say whether the order was brought signed, or whether it was signed in my presence.
MARK STOKES . (Policeman, D 104). On 24th Nov. I went with the prosecutrix to No. 11, Adam Street, and saw the prisoner—I told her that I came to take her into custody—she said, "What for?"—I said, "For opening a letter and stealing a post office order for 10s. "—she said, "Well, it is true, I did do it, policeman, but she authorised me to do so"—I took her into custody—the prosecutrix made no remark.
Cross-examined Q. Were you subsequently at the station when Hathaway was there? A. I was—I heard the prisoner make the same statement then—(The prisoner's statement before the Magistrate was here read as follows: "I wrote and acknowledged the letter to Mrs. Thomas; I am very sorry for it; it was my intention to pay Elizabeth as soon as I got the money.")
ELIZABETH THOMAS . re-examined. I believe this letter to be the prisoner's writing—(read: "My dear Elizabeth,—I am exceedingly sorry for what I have done; will you come to some agreement with my father? He will pay you the money on Wednesday when he takes his money, and I will do all I can for you when I am out. If you put me in you will get nothing. I do think it will break my heart; and to think of my poor dear baby; do, my dear Elizabeth, go and settle with my father. I know you have been kind to me, but I have not been able to return it to you; will you write, and let me know on Monday. From yours truly, M. A. Hawkins.")
(The prisoner received a good character).
GUILTY.—Recommended to mercy.— Confined Four Months.
NEW COURT.—Wednesday, December 16th, 1857.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
HENRY NEWPORT . I am assistant to Mr. William Danby Baker, of Clement's Lane. The prisoner was employed as charwoman there—in Consequence of circumstances, I gave direction to a person to watch her; I received a signal from him, sent for an officer, and gave the prisoner in charge—she said she was innocent—she was taken to Bow Lane station—nothing was found on her—she gave her address in Leman Street, Whitechapel; I went there with the officer, and found this two yards and a half of doeskin; it is worth 15s.—I can positively swear to this being my master's property; I had recently cut from it—I had missed it on the Monday, and this was on the Friday—I also found this yard and a half of cord, and some other articles, which I believe to be my master's property.
Prisoner. I worked there three years and a half; I picked this piece of cloth up in the dust. Witness. It had been on the board; it was impossible it could have been swept down.
WILLIAM TAYLOR . I am assistant to Mr. Baker. On Friday, 11th Dec., I watched the prisoner; I saw her take a piece of cloth and a piece of white cotton—she went out, as I suppose, to go down stairs—I did not see what became of her then; I afterwards went to the dust hole, and saw this cloth—the white cotton was in her bosom—she would have to pass the dust hole in going down stairs.
Prisoner. Q. Have I not been an honest woman? A. Yes, as far as I know, till the present time.
Prisoner's Defence. They were swept out in the shop dirt and other things; I put the dirt outside, and these were in it; there are boots and shoes and other things left on the table; I have never been dishonest.
GUILTY .— Confined Four Months.
leather factor. On Tuesday, 1st Dec., I was in Gracechurch Street, and met the prisoner carrying a bundle of split hides—he was going from Half Moon Passage towards Lombard Street.
HENRY STREETON . I am a currier and leather seller, and live in Trafalgar Street, Walworth. On Tuesday morning, 1st Dec., the prisoner came to me, between 11 and 12 o'clock—he came by himself first, and said he had got three hides to sell—I asked to look at them—he said he could not get them in; I sent my man to help him—he asked 5l. for them—I said they were of no use to me—he then asked 4l., and then 3l.; I told him to take them away, he would not, and I told my man to take them away—they were marked "J. B.," or "J. R."—these are them, I believe, but the mark has been cut off since I saw them—I believe these to be the hides.
JAMES POWELL . I am a leather and hide factor in Leadenhall Market. I have partners—I merely know the prisoner by seeing him working in a morning—on Wednesday, 2nd Dec., my foreman missed these hides—they are worth 32s. each—there is a way from my place through Half Moon Passage by a small door, which is open only on Tuesdays; and from there into Gracechurch Street.
JOHN LAMBERT . I am foreman to Messrs. Powell. On Wednesday, 2nd Dec., I missed three split hides—the last time I saw them safe was on the Tuesday week previous, and I marked them with a chalk mark—the mark is on both sides of the hide—I cannot say whether there was a stamp on them, but on the remainder that we have there is a stamp, "J. B.," and that is on a part of the hide that has been cut off in those hides that are here—it is not usual to have that part cut off—I know the prisoner—I had seen him on the day before the hides were missed, between 7 and 8 o'clock in the morning—he knew of the entrance between Half Moon Passage and our place—I have seen him come and go that way.
Prisoner. Q. Is it a common thoroughfare? A. It is on Tuesdays—I never knew anything against you—you were in the habit of attending the market for work.
JOHN HOLDER . I am a currier, and live at No. 36, Long Acre. The prisoner called on me at my place, on Tuesday, 2nd Dec., about 1 o'clock—he had three split hides—he asked me to purchase them for 4l.—I refused—there was no mark on them.
Prisoner. Q. During the time I was in your employ what was my character? A. Very honest and industrious—you had access to my premises—I did not miss anything—it is upwards of four years since he left me.
WILLIAM TREW . I am a currier. On Tuesday, 2nd Dec., I received a message; in consequence of which I went to the prisoner, at nearly 5 o'clock—he said he had three split hides to sell—he asked me if I could sell them for him—at first I said, "No;" and I questioned him what he wanted for them—he said, "50s.," and all that I got above that I might have for my trouble—I asked him how he came by these hides, and he said, "Quite right"—I took them down to Mr. Riley, and asked if he would buy them—he looked at them, and asked what I wanted for them—I said "1l. each"—he thought it was too much—I said, "What would you give for them?"—he said, "2l. 15s. "—I took it—I gave the prisoner 50s. and kept 5s. for my trouble.
Prisoner. Q. Did I not say I sold them for another party? A. I believe you did—you have always borne a good character.
Prisoner's Defence. I had been for a number of years working in Leadenhall Market; and when it was a slack season I have been in the habit of getting a day's work as I could; the policeman took me from my work at the time he apprehended me; on the Tuesday morning I had applied for work, and while standing in the market, a man came and said, "Do you know anybody who would advance money for four or six hides? can you sell them?" I said, "I will try"; he said he lived in Whitechapel; I got the hides, and met the first witness with them on my head; I went to two or three places to try to sell them; I took them to the witness who sold them for me; if I had known they had been stolen I would not have taken them in that way; I have always maintained an honest, hard working character; I think no one can say to the contrary; but I was careless, and not over cautious that morning, and was rather intoxicated; on the Thursday I heard that the hides were missed; I went to try to find the person who gave them to me; I went to the market on the Friday, and was taken.
GUILTY.Recommended to mercy on account of his character.— Confined Three Months.
JAMES WARR . I am salesman to Messrs. Neville, in Gresham Street. On 1st Dec. the prisoner came and brought this paper (Read: "4, Piccadilly, Please let the bearer have 2 doz. s. men's bro. half hose, and I do. white merino, for William Lawley, W. Fletcher"—I do not know Mr. Lawley, but I selected the goods and took them to our entering desk, and having done so I wrote the name in our delivery book, which is here—I then called on the prisoner to sign the receipt, and saw him write it—the value of the goods he had was 1l. 6s. 3d.
Prisoner. I met George Roe, who gave me the order, and asked me to take it, and get the articles; I gave them to him.
JAMES WARR . re-examined. I did not see anybody with the prisoner—I know Roe; he brought an order after that—the prisoner did not say where he brought the order from—I merely took it, and called on him to sign the book, which he did, in his own name—he then went away with the goods.
NOT GUILTY .
ROE PLEADED GUILTY .— Six Years Penal Servitude.
JAMES WARR . I am salesman to Messrs. Neville. On 4th Dec. I received this order from Roe—I selected the goods, and delivered them to Roe, calling on him to sign the receipt in our book, which he did, in the name of Thomas Serle—Catley was not with him—Catley had brought me a genuine order on a former occasion, which I have here.
(Catley's statement before the Magistrate was here read as follows: "My master sent me with a note to Gresham Street; I met Roe; he asked me where I was going; I told him; he said he would come with me; as we were going along, he asked me to let him look at the note; I showed it him, and he copied another off like it; about a week after he got the goods."
WILLIAM FLETCHER . Catley was in the service of my father-in-law—I gave him this genuine order on 22nd Nov., and he brought the goods all right—after he was taken, he told me when he was in the cab that he met Roe, and he got the things; that they were sold by dozens, he did not know where, but his share was 4s.—he had been with us a month, and had a very good character from a gentleman in Grosvenor Square—he had been in his employ six months—I believe he has been the dupe of the other—this second order was not written by me, or by my authority.
JOHN BENNETT . (Policeman, A 331). I took Catley to Guildhall—in going along, he said that on his way he met Roe, who made a copy of the order, and afterwards gave him 4s., but he could not tell where the goods were disposed of—he did not say when he received the 4s.
NOT GUILTY .
PLEADED GUILTY .**— Confined Two Years.
MR. GIFFARD. conducted the Prosecution.
CORNELIUS BASSETT . (City policeman). On Monday, 23rd Nov., in consequence of information, I went with Smith, another officer, to the ware-house of Messrs. Baiss Brothers, in Leadenhall Street—they are wholesale druggists—I waited there a short time, and the prisoner came in, carrying this bag in his hand—the clerk brought me this ball of opium—the prisoner was brought into the warehouse to us—I told him we were police officers, and I wished to know how he became possessed of his opium—he said it had been given to him by a gentleman that had come home from China—I said, "What is his name?"—he said, "Marshall"—I said, "Where does he live?"—he said, "He has returned again to China"—I said, "Where did he live when he was here?"—he said, "In a street leading out of the Old Kent Road; I do not know the name of it"—I asked him if Mr. Marshall lived with his friends—he said he did, but they had removed from the house that they lived in—I asked him his own address—he gave it me correctly, "No. 7, Cobourg Place, Rye Lane, Peckham"—I asked him where the remainder of the opium was—he said it was at home—he went with us to his house, and there I found three other balls of opium—he took us afterwards to an empty house in Windsor Grove, Old Kent Road; he said that was where Mr. Marshall had lived—I afterwards received from a chemist of the name of Cox, a ball of opium—this is it—I have since examined the brooms that we found at the prisoner's house, and found the place where the mark has been taken out.
Cross-examined by MR. METCALFE. Q. Did you find Mr. Marshall? A. No—his brother is here—he is living in the Old Kent Road, from a quarter to half a mile from the empty house—I find he has removed from the empty house—the prisoner gave his right address—the opium I found at his house Was in an empty cask, in an outhouse, covered over very carefully—we did not take the prisoner into custody till after we had heard a statement from Mr. Marshall.
WILLIAM SMITH . (City policeman, 572). I was with the last witness—while we were proceeding to the prisoner's residence in a cab, I asked the prisoner what occupation he fallowed—his reply was, "Nothing particular"—I said, "Are you in a situation?"—he said, "I am not"—I made inquiry about him; and when I was taking him to the Mansion House, I said to
him, "You are employed at the East India House?"—he said, "Yes; these d—things were kicking about; who told you I was employed at the East India House?"—I said I found it by inquiry—he said the position he was placed in would he the means of reducing him from a state of affluence to that of poverty, and be a lasting stain on his character—after his examination at the Mansion House, we proceeded to his residence, searched his place, and found five brooms, a mop, and two brushes, and on the brooms I find the brand has been cut off—here is part of the brand on this one, which can be seen with a magnifying glass—I also took a spade, and found these fifty-one books in the dust hole in the garden.
COURT. Q. When the opium was produced, did the prisoner say how long he had had it in his possession? A. Yes, two or three months, and that the person he received it from was then in Canton.
Cross-examined Q. Was this the same conversation at which Bassett was present? A. Yes; I found the brooms in a closet in the second floor room—that was after the examination at the Mansion House—he was taken on the Friday, and this search took place on the Saturday.
JOSEPH MAITLAND . I was at one time chief clerk in the Examiner's Office in the East India House—the Company was in the habit of receiving balls of opium from Bengal for thirteen or fourteen years before 1854, when I left the service—they were deposited in various places; some in my room—when I left in 1854, I gave directions to have my room cleared—there—were balls of opium at that time in my room; I reckon there were about ten—these balls before me have the same appearance—this kind of opium is not common in England.
Cross-examined Q. What is it sent over here for? A. To be tested as to it's purity—these are sent as specimens of that year's growth of the produce of India, which I believe is intended to be sent from India to the China market—after it has been tested here, it is put by, and scientific men and others are allowed to have specimens of it to make experiments, not wholly by persons employed by the East India Company, but by surgeons and others—I believe no other use is made of it—I gave directions to have my room cleared; I cannot say to whom; it was to one of the four messengers—when the chief clerk leaves, his room is generally cleared out—there was a great deal of rubbish and other things about—these books are not all reports drawn up for a temporary purpose; this one is an almanack; here is one on the fibrous plants of India; this one is a Bombay Times for 1850; here is a Bombay Civil List for 1855—there were a great many things in my room—I cannot tell where they would go to from my room—the gentleman who succeeded me did not take possession of my room—some one else came in that room—that person would probably bring his own books with him, and make use of those which remained in the room—there were many things which would not be required, such as waste paper—the brooms are supplied by the person who supplies the Company—I hardly know whether there is a storekeeper—there is a commodore; he keeps some stores, but very often they are supplied out of doors by the Company's tradesmen—they are delivered as they are applied for—I cannot say what becomes of the old ones.
MR. GIFFARD. Q. Were these books in your room? A. I have seen some similar to these, but I cannot say that these were there—the books in my room would be for the purposes of the Company—I never ordered them to be thrown away—the balls of opium are for any medical gentleman who had permission to apply for samples or specimens—they were never sold—if
a medical gentleman applied to the Company, they would grant him one or a piece of it.
WILLIAM GARDINER . I am a messenger of the East India House. I received directions from the last witness when he retired, to clear his room: there were some balls of opium, which were sent round to Dr. Royle's apartment in course—the prisoner was the messenger in Dr. Royle's apartment.
Cross-examined Q. Did you take it to Dr. Royle's? A. No; I received directions to clear the room—I do not know what was done with what went away; I am only speaking in reference to the opium—the direction given to me about the opium was, "Let that go round to Dr. Royle"—I saw the prisoner, and told him that was to go to Dr. Royle—the messengers are allowed 100l. or 110l. a year—I cannot say about perquisites, except what the gentlemen give them—the old carpets are the perquisites of the messengers, and brooms and waste paper also—with respect to fresh brooms, I only order them when I want them—there is certainly waste paper, but books go to another part of the house.
MR. GIFFARD. Q. Did you ever know brooms of this sort go to the messengers? A. I should say, at once, not; not in this condition certainly—I should think some of these books are useless, but I never took any—I never knew such a book as this one taken as a perquisite—I remember speaking to the prisoner about the opium; I told him it was coming round to the office of Dr. Royle—I know it went away, but at that time we had four extra messengers, and we had workmen about—there was some confusion.
GEORGE ASTON . I am in the service of the East India Company—I am attached to Dr. Royle's department—it was part of my duty to take charge of it—the prisoner was a messenger, who waited on Dr. Royle from the year 1851—no opium, in 1854, was brought to Dr. Royle, had it been brought, it should have been delivered to me—it has not been brought.
Cross-examined Q. Is the opium you have in that department perfectly safe? A. Yes; Dr. Royle received some opium in 1855, and handed it over to my charge—if I am away, it would remain in the India House till I return—there is a person in the apartment where I am; he is not generally there—if Dr. Royle and I were away, he would receive it—there is an entry made, and I do not find any addition to what I had received on other occasions—no use is made of this opium but for experiments—I do not know what quantity is sent over in each year—I do not know that waste paper and other things are taken by the messengers—the chief clerk was changed two or three years ago—when they are changed, the room is cleared out—I cannot tell what becomes of the clearings.
MR. GIFFARD. Q. In the ordinary course of business, when opium is delivered, would an entry be made? A. Yes, by me, and handed to Dr. Royle—if I receive it, I make an entry; if Dr. Royle receives it, he tells me, and I make an entry—the book is not here.
The deposition of Dr. Royle was here read as follows: "I am a Doctor of Medicine, in the employ of the East India Company. Raw produce is generally referred to me for a scientific opinion—I have made the subject of opium my study—there are two or three different kinds of opium from the East Indies—the opium produced is Bengal opium—it is not, as I have ever
heard, an article of commerce in this country—it is made up for the China market—I have not had any specimens of Bengal opium submitted to me for examination within the last few years—other opium is made in cakes—Bengal opium is ball opium—I have some similar to these in the East India House; they were exhibited in the Exhibition—I have got all that was sent to me."
JOHN DOUGLAS CLOSE . I am senior clerk in the Examiners' Office in the East India House. About four balls of opium in a year are forwarded to the East India Company—I think I had in my possession most of the balls that have been sent to the East India House—these balls produced are older than what I have in my possession.
Cross-examined Q. Can you tell me the age of these balls? A. "No, except that they are some years old—they have not been sent the last two or three years—I have eight in my possession—I have only lately had them under my care—they arrived in this country at different periods—I think the last received was six or eight months ago—they are sent as specimens—some have gone to the Exhibition, and were exhibited in 1851; and some went to the Irish Exhibition—I do not know what becomes of it formally—I should say, when rooms are cleared out, that the books would go to the Registrar—there is a Registrar who takes care of the store—he has the charge of the books.
Cross-examined Q. You have known the prisoner some time? A. Yes, many years; and so has my brother also—he has known him intimately—he has borne a very good character indeed—I removed from Windsor Grove to where I now live—I suppose that empty house was mine—I have left that house about four years—my brother was never in that house with me.
JOHN COX . I am a chemist, and live in Rye Lane, Peckham. I know the prisoner very well—on 9th Nov. he brought me some opium, which I gave to the policeman—when the prisoner brought the opium to me, he said he had had a quantity of opium consigned to him, and he did not know how to go about it to dispose of it, and could I put him in the way—he said, "I think it stood me in about 18s. a pound."
Cross-examined Q. You have known him for some years? A. No; I think it must be nearly six months—I knew he was in the East India House—he called on me in the evening, to the best of my recollection, about 7 o'clock—he did not bring this ball with him—he spoke to me, and I requested him to bring me a sample—he brought it me to test it, and I did so.
EDWARD RIGBY . I am a brush maker, and live at No. 80, Gracechurch Street. I supply the East India Company with mops, brooms, and brushes—I have examined these produced, and I can say that they were made in my manufactory—they are the same sort as those which I supply to the East India Company—they are larger and better than any others I make—they are branded with a hot iron—this is the brand (producing it)—it is put on the stock of the broom, at the right of the handle—this is the place where we always brand them, where the wood is cut off of these—we do not make any such articles for any other persons.
Cross-examined Q. Do you make brooms for any other persons? A. Yes; to a great extent—these are distinguished from others by the hair being longer and better than we usually put—we do not use the same stuff and quality, for anybody but the East India Company—we have never
sold any such to anybody else—we have a good many persons in our establishment—there is one person who sells, William Blake.
THOMAS NORTON . I am foreman, and superintend the work for Mr. Rigby. I have examined these articles—five of them, I have no doubt, are our manufacture; one is not—I know the sort that are supplied to the Company; and I have no doubt these five are them—I do not know of any of this sort being supplied to any other customer.
AARON ATKINS . I am registrar of books and papers at the East India House. It is part of my duty to keep and deliver out books as the officers of the House require them—I have examined the fifty one books produced—I know that such books are the property of the East India Company—all these books are of the same kind as I deliver out of my department—I remember the fact of two books being delivered to Dr. Royle's department; they were No. 11 and No. 12—these are the two—I am not aware that these could be obtained by purchase in England out of the East India House—they are very valuable as to the information they contain—they are never sold to my knowledge.
Cross-examined Q. Do you deliver them to any other department? A. Yes; to all the departments in the house—I cannot tell the number of gentlemen I deliver them to—I deliver them also to the East India Board of Control; and, if applied for by any person, through the Directors or other persons—I suppose there may have been twenty or twenty-five copies of these delivered—what becomes of them afterwards I do not know—I know nothing about rooms being cleared out—I only receive things sent to me—I know nothing about what is going on in the House—I hope I know my own department—these are sometimes returned, but not necessarily—we treat nothing as waste paper that is imported from India—I do not think there is anything here that might be sold as waste paper.
(The prisoner received a good character.)
NOT GUILTY .
THIRD COURT.—Wednesday, December 16th, 1857.
Before Mr. Common Serjeant and the Seventh Jury.
135. JOHN CLARKE (31) , Embezzling the sums of 5l., 25l. 16s., and 9l. 15s.; also, 1l. 1s. 6d., 1l. 6s., and 11l. 10s.; also, 1l. 6s., 10l., and 17l. 3s.; the moneys of Charles Fauntleroy, his master: to which he
PLEADED GUILTY .— Six Years Penal Servitude.
PLEADED GUILTY.— Judgment Respited.
137. SAMBIO (a black) (20), Burglariously breaking and entering the dwelling house of Harris Marks, and stealing therein 3 shirts, 2 jackets, 7 handkerchiefs, and other articles, value 5l., his property.
(The evidence was interpreted to the prisoner.)
and some jackets, which were mine, and which I had seen safe on the Thursday, before I went to bed—I missed them on Friday morning at 5 o'clock, when I came down and found my sitting room window open—I went into the kitchen, and found a skylight broken, and the door which leads to the yard unbolted, which had been safe when I went to bed the night before—the skylight was broken sufficient for a person to get in—I was the last person up—the skylight and everything was then perfectly safe.
ISAAC PAWSEY . (Policeman, K 53). I received information, and on Saturday, 28th Nov., went to a house in Blue Gate Fields, Shoreditch—I saw the prisoner there, and asked him in English where he got the clothes that he was wearing—from what I could understand, he said that he bought them at Liverpool six months ago—I went for the prosecutor, who identified the clothes, and then took the prisoner into custody—he had got them all on—the prosecutor's house is in the parish of St. Paul, Shadwell.
Prisoner's Defence. When the constable took me, I had bought the clothes about a fortnight previous of a Chinaman, named Hah Coey, for 27s.
PETER BIDGOOD . (Policeman, K 168). I took possession of some clothes found at Mr. Marks's, on the tiles, where the skylight was broken—I did not take them to the prisoner, but I knew they were his, for I saw them on his back.
The prisoner was further charged with having been before convicted.
PETER BIDGOOD . re-examined. I produce a certificate—(Read: "Central Criminal Court, Feb., 1857; Chundee, Convicted of breaking and entering the dwelling house of Harris Marks; Confined nine months")—I was present; the prisoner is the person.
GUILTY.**— Six Years Penal Servitude.
MORTON— PLEADED GUILTY .**— Four Years Penal Servitude.
MICHAEL HAYDON . I am a detective officer. About half past 12 o'clock last Sunday afternoon, I saw the prisoners together in Cheapside, in conversation—I followed them till they got close to London Bridge—the prosecutor was coming over the bridge, into the City—they turned and followed him into Cannon Street West—Morton put his hand into his coat pocket; Hinton walked close by Morton's side, so as to partly screen what he was doing—Morton took his hand out, put it into his own trowsers pocket, and ran down Queen Street—Hinton stood still, looking after the gentleman, and then went towards Queen Street—he had not seen Morton—he walked along College Street, and several other streets, for a quarter of an hour, into Fleet Street—he there met Morton—they spoke together, and went towards St. Paul's Cathedral, about twenty yards, and then turned round, and went towards Temple Bar—I procured assistance, took them into custody, and found this handkerchief in Morton's pocket—I told Hinton the charge—he said, "I never saw this man before in my life, until now"—he appealed to Morton, who said, "I know nothing at all about you."
Hinton. I deny speaking to Morton in Fleet Street. Witness. You stood face to face, and appeared to speak.
of the day, and before I returned home I missed my handkerchief—this is it—it is mine—I did not feel it taken.
Hinton's Defence. I was taking a walk and met Morton, who asked me the way to Cannon Street; I walked part of the way down Cannon Street with him, but did not see him in Fleet Street, or speak to him.
HINTON— GUILTY .— Confined Six Months.
THE COURT. considered that the depositions contained no case against the prisoner, and directed a verdict of
NOT GUILTY .
MR. COOPER. conducted the Prosecution.
GUILTY .— Confined Twelve Months.
OLD COURT.—Thursday, December 17th, 1857.
PRESENT—Mr. Justice CROWDER. and Mr. Ald. FARNCOMB.
Before Mr. Justice Crowder and the Third Jury.
141. JOSEPH SKINNER was indicted for that he, having been adjudged a bankrupt, feloniously did omit and neglect to discover the whole of his personal estate; with intent to defraud his creditors; and GEORGE THOMAS FRANKLIN , THOMAS SKINNER , and MARY ANN SKINNER , Feloniously inciting him to commit the said felony.
MR. SERJEANT BALLANTINE., MR. SLEIGH., MR. LAWRENCE., and MR. TALFOURD SALTER. conducted the Prosecution.
MR. SERJEANT BALLANTINE. offered no evidence against FRANKLIN, THOMAS SKINNER, and MARY ANN SKINNER, who were Acquitted.
GEORGE HILL . I am an assistant messenger in the Court of Bankruptcy. I produce the proceedings in the bankruptcy of Joseph Skinner—here is the petition of the petitioning creditor, and the adjudication—(The petition was of Augustus Frederick Daniel, dated March 5th, 1857; the adjudication was dated March 11)—I also produce the examination of the bankrupt.
Cross-examined by MR. METCALFE. (with MR. POLAND.). Q. Are the other proceedings annexed? A. Yes—I have also the proceedings in a former bankruptcy of the prisoner's—I have no document electing the assignees; there would be no such document, or any document relating to the taking of leasehold property—I have all the documents here.
ROBERT WILLIAM ROSS . I am managing clerk to Messrs. William and Henry Parkinson Sharp—they were solicitors for the plaintiff in an action of "Daniel v. Skinner," in the Exchequer—I produce the record in that action, and a certified copy of the judgment—(The record being read, it appeared that the action was for a forcible entry and assault, and that the verdict was for the plaintiff, with 50l. damages)—I afterwards attempted to serve Skinner with a demand of debt—this is the notice—(produced)—it is signed by Daniel, the plaintiff—the means I took to serve it were, I found that he was to appear by virtue of a summons, at the Worship Street Police Court—I expected to meet with him there, and attended in order to serve him, but he did not attend—Mr. Borrow, the attorney, attended for him—he made a statement to the Magistrate—(MR. METCALFE.
objected to any statement made in the absence of the prisoner. MR. SLEIGH. submitted that the evidence was admissible, the statement being made by the attorney on behalf of his client, and the prosecution relied upon the fact of the prisoner's keeping out of the way on this occasion as proof of the act of bankruptcy. MR. JUSTICE CROWDER. was of opinion, that the fact only of his not appearing was evidence, but that no statement made by the attorney in his absence could be received)—I was unable to serve the demand in consequence of his absence—I could not find him—I looked for him—the officer put this paper into my hands:—(Read:—"As soon as I can, I will name a day and hour for the hearing of this case; I shall feel obliged if you will not annoy my wife during my absence. J. Skinner")—that is directed to Eddis, the warrant officer of Worship Street—Skinner had been served with a notice on an assault summons, and it was on that that he should have attended, but he did not attend—I had taken out a summons for his unlawfully entering into possession of Daniels' premises—he was served with that summons by the proper officer of the Court—it was returnable on Friday, 3rd March—it was for a forcible entry—I did not serve it; I believe Eddis did—I did not give it to Eddis; that is always done in the Court—this note is addressed to Eddis—it is written on a piece of paper annexed to my affidavit in bankruptcy—there is no date to it—I swore the affidavit on 7th March, and then annexed it—Mr. Barrow had been Mr. Skinner's attorney in the action, and he told me that if I would undertake not to have him arrested, he should appear—Mr. Barrow had appeared for him previously at the Police Court on some occasions, for assaults, to the best of my remembrance, but there have been so many of these things—I had met him there in the presence of Skinner—he has acted as his attorney—I had nothing to do with the service of this particular summons; it is always done by the officers—I think it was after Eddis had put this into my hands that I saw Mr. Barrow, but on the same day—the same attorney afterwards appeared for him in the bankruptcy proceedings; and now it has come to my recollection that I have met him on four or five previous occasions as his attorney—Skinner did not afterwards refer to what Mr. Barrow had stated to me—I endeavoured to meet with Skinner on that same day, the 3rd March, after leaving the Police Court—I went to several public houses in the neighbourhood, thinking he might be there—I did not know where he frequented, but I thought it possible I might meet with him amongst the crowd of witnesses at the different public houses—I did not find him—I did not go to his house after that, and previous to the petition—I took no other steps to find him—on the following day I made an application in bankruptcy, founded on his absence—I have heard that Skinner carried on the business of an auctioneer and appraiser—I have seen a door plate at his house describing himself as an auctioneer, valuer, and house agent—I went for the purpose of ascertaining that, and on the following day the plate was removed—I think it was on the 4th I saw it—I cannot say that I had seen it for some time previously—I have heard him say that he was an auctioneer, and a dealer in furniture.
Cross-examined Q. When did you hear him say so? A. In Feb.—I went to see if he had any plate, for the purpose of this bankruptcy, to prove the trading—I have seen Mrs. Skinner, the prisoner's mother, there—I did not know that his brother lived there—I never went into the house—I believe I heard him state on the trial, when he was examined, that he was an auctioneer and appraiser, at 30, James Street, Bedford Row—I have the short-hand writer's notes here—I think the costs were taxed on the 23rd
Feb.—the summons was returnable at Worship Street on March 3rd—I do not know the day I applied for it—on the 5th I made him a bankrupt, and petitioned the Court—I had the management of the action—I expect we had a prospect of getting the costs out of Daniels—he was a furniture broker—when I first knew him he was a highly respectable man—at the time of the action he was living in Old Street, City Road, till he was turned out—I believe he had the whole house—I have been there, and it has been loaded with furniture for sale—I presumed it was his; I never asked him—I have been there lately, and the house is shut up—I suppose the furniture is gone—I have not been able to find him—I believe he is not the only creditor in this bankruptcy; the proceedings will show—I was present at the Bankruptcy Court—I believe there was no proof besides, except that of Mr. Barrow, the attorney, but in the balance sheet Skinner makes a return of other creditors—Mr. Barrow made a claim to prove, but could not, in consequence of his costs not having been taxed—Daniels is the only creditor who was proved—he proved for the judgment, debt, and costs, nothing else; it was 155l.—Lawrence and Plews appeared as our agents at the Bankruptcy Court—I instructed them, and was present—there was one creditor who came and claimed to prove, but I was very busy at the time, and he went away before the proceedings terminated, and I have not been able to find him since—it was only for a trifling debt, some 4l. or 5l.—he gave me no written claim, he merely said he had one—in his balance sheet Skinner returns Samuel Barrow at 104l., Chidley, 4l. 4s., and Bradley, bill of exchange, 49l. 2s. 6d.; then there are creditors holding security, Mary Ann Skinner, 60l., and on bill of sale, 50l.; the 4l. 4s. may have probably been the debt of the person I have referred to—he has not passed his last examination—I had nothing to do with the previous bankruptcy—I believe he obtained his certificate in 1855, a third class certificate—the action of Daniels v. Skinner was for assaults accompanying the entry—I believe there had also been cross indictments against these parties at the Middlesex Sessions; I remember one in which Mr. Vann was our agent for Mr. Daniels—the bankrupt was indicted here for forcible entry, and he had an indictment against Daniels for assault—we obtained a conviction here, and Daniels was acquitted—the action had nothing to do with that—the indictments were postponed till after the action was tried—the indictments were for assaults, arising out of distresses—I have copies of the assignments of the leases—I have had no notice to inspect the originals—I have done so—I took a person from Somerset House with me, for the purpose of examining the stamps and seals—I have given notice to the prisoner's attorney to produce the original documents.
MR. SALTER. Q. Which indictment was preferred first, the defendant's or Daniels'? A. It is impossible for me to say—they were postponed on an affidavit of the prisoner's, that an action was pending—the indictment against Daniels afterwards came on for trial, after three or four adjournments, and then no evidence was offered—I have a minute on the proceedings of what the Commissioner said on the second examination—it is dated 1st Aug., and states, "It appears to me that the assignee requires an adjournment, for the purpose of advising the result of criminal proceedings, to be brought against the said Joseph Skinner"—that is signed by Mr. Commissioner Fane—Daniels attended here on the first occasion, when this case was set down for trial; that was in Oct.—the indictment was preferred in Sept—he did not attend then—it was postponed on the prisoner's application, on the ground that there had been another indictment preferred—it was some time in
Nov. that I saw Daniels's house closed—I had no personal knowledge of it until then—I have made efforts since then to serve him with a subpœna, but fruitlessly.
MR. METCALFE. Q. The second indictment I believe was for the very same matter, only in the form of a conspiracy? A. Yes; there was no proceeding before a Magistrate in either case—I subpœnaed Daniels myself, shortly before the Oct. Session, and gave him half a sovereign with it—he attended then—I have not been able to meet with him since—he did not go before the Grand Jury; his evidence was not necessary there—I subpoenaed him because I was advised he had to prove his debt—he is the only trade assignee—he is the petitioning creditor, the trade assignee, and the only creditor—I have acted for him throughout—I believe the bankrupt appeared at the police court in answer to a summons—I, no doubt, saw him—I attended every examination—that was after the trial—he was taken into custody on a warrant fourteen or fifteen days after the bankruptcy—he was at the Police Court on a summons; I had notice, and attended there and he was committed—that was for a forcible entry.
COURT. Q. Was that charge made after the termination of the action? A. Yes; he made the forcible entry a few days before the trial came on—he was committed for that before the trial of the cause.
SAMUEL HOWSHIP BARROW . I am a solicitor, and am acting as attorney for the prisoner. I was acting as his attorney on March 3, 1857—I appeared for him on that day at the Worship Street Police Court, by his wife's directions—I cannot remember how shortly previous to that I had seen him; I think within a few days, at his own residence, or at my office—I am not quite sure—I was in the habit of frequently going to his house—I am not able to say whether I went to his house before going to the Police Court—I do not recollect whether his wife told me where he was—I did not know that a process was out against him—I only knew that the summons for the Police Court was out when Mrs. Skinner brought it to me that day, or the day before—Skinner had not gone out of the way by my direction—I saw him very soon after; whether the same day or within a day or two I am not quite sure—that was either at my office, or his own house, I cannot remember which—I was constantly seeing him—I had five or six different matters in hand for him at that time, one of which was preparing a bill in Chancery, which took up a great deal of my time, and his too—I was examined at the Bankruptcy Court in this matter—I then appeared as a witness, on a subpœna—I did not attend at the Police Court by his direction, but by his wife's.
Cross-examined Q. I observe that you are mentioned as being one of the creditors? A. Yes; the largest. I am quite satisfied with this man's conduct—I do not think there was the slightest intention to defraud—I know the property in question—I am quite satisfied with his conduct—he did all that an honest man could do.
(As this finished the formal part of the case, MR. METCALFE. submitted that the prosecution had failed in establishing any petitioning creditors debt, or any act of bankruptcy, and that therefore there was no case to go to the Jury. MR. LAWRENCE. suggested, that the adjudication, bearing the seal of the Court, might be received as evidence that the defendant had been duly adjudged a bankrupt, and that the preliminary proofs usually tendered in such cases might be dispensed with. MR. JUSTICE CROWDER. had entertained a similar opinion, but found no such provision in the statute, or any authority to that effect; in Reg. v. Arnold, Sessions Papers, vol. 44, p. 651, Mr. Baron Martin had
expressed an opinion to that effect, but there, although the learned Judge entertained some doubt as to the necessity of the proof, he received it, and left it to the Jury. MR. T. SALTER. contended, that the proof of the petitioning creditor's debt was established by the certified copy of the judgment in the action, which copy was made evidence by 14 & 15 Vict., c. 99, s. 14; and that the act of bankruptcy relied upon was proved, viz., the keeping out of the way and avoiding the service of the summons. MR. METCALFE. did not resist the reception of the certified copy of the judgment, but contended that upon the evidence it was clear the defendant had not kept out of the way in order to defraud his creditors, but for a totally different purpose, namely, to avoid being served with a summons. MR. POLAND. referred to Rex v. Jones and others, 4 Barnewall & Adolphus, p. 346 (a case not called to the attention of Mr. Baron Martin in Reg. v. Arnold), as showing that strict proof was necessary in all the different steps relating to the bankruptcy. MR. JUSTICE CROWDER. was of opinion that the evidence was hardly of a nature to be presented to the Jury; the case of Rex v. Jones and others, was strong to show the necessity of strict proof, and in such a case as the present the ordinary and regular course must be adopted, and that was, to prove the petitioning creditor's debt, and the act of bankruptcy; the former was perhaps sufficiently proved, but as to the latter, there was hardly enough for the Jury to conclude that his absence arose from an intent to defraud his creditors.)
NOT GUILTY .
(There was another indictment against the prisoners, for Conspiracy, upon which no evidence was offered.)
NEW COURT.—Thursday, December 17th, 1857.
PRESENT—Mr. RECORDER.; and Mr. Ald. HALE.
Before Mr. Recorder and the Sixth Jury.
PLEADED GUILTY.— Judgment Respited.
THIRD COURT.—Thursday, December 17th, 1857.
PRESENT—Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
MR. SHARPE. conducted the Prosecution.
JOSIAH CARTLEDGE . I am clerk to the Clerk of the Peace for Surrey. I was present at the Newington Sessions, on 17th Nov., 1856, when an indictment against Thomas Stowell was tried—it had been preferred at the preceding Session—this (produced) is the indictment.
MR. ROBINSON. Q. Have you got the record made up? A. No, only the indictment—there is no caption here.
(MR. SHARPE. submitted that the indictment was good evidence, coupled with Mr. Cartledge's evidence, the only question being, whether the charge was preferred in a Court-of competent jurisdiction. MR. ROBINSON. contended that the
record mutt be produced. THE COURT. inquired whether there was a certificate under Lord Campbell's Act; MR. SHARPE. replied that there was not.)
NOT GUILTY .
Before Mr. Common Serjeant.
THOMAS BARSON . I am a labourer, of Hudson Square, Stratford. On the morning of 1st Dec., about half past 12 o'clock, I was disturbed by a noise like a chair being moved backwards and forwards—I jumped out of bed, went down stairs, and saw the prisoner taking a gown through a pane of glass in my window, which had been mended with paper and paste; there was no shutter—I ran out after her in my shirt and she dropped her apron with some fish in it—I went back and dressed myself, and went to her husband's house, but she was not there—I did not see her again till she was in custody—I am sure of her, she was a neighbour—it was bright moonlight.
JOHN WHIMP . (Policeman, K 207). I received information from Barson, and went to the prisoner's house on 1st Dec., between 9 and 10 o'clock; she was not at home—I went again on the 9th, and found her; she had been away all that time—I told her the charge, and she said that she would give Mrs. Barson 7s., the value of the dress, to make it up to her—I told her it would not do, and took her to the station—I found the dress, pawned at Bow, at Mr. Crawley's, but he does not know by whom.
Prisoner's Defence. I was intoxicated when I did it; when I got my senses back it was my intention to return it.
GUILTY. of Larceny only.— Recommended to mercy by the Prosecutor.— Confined Three Months.
Before Mr. Recorder.
MR. PHILLIPS. conducted the Prosecution.
HARRIET LOVELL . I am thirteen years old. I live with my father at Woolwich—he is a labourer. On 2nd Dec. the prisoner came to my father's house about a quarter before 5 o'clock—I had seen him before, two or three times a day, and he had been in my father's house for tobacco—he asked for a halfpenny worth of sweets—I served him—he then asked for some water—I took a tumbler off the mantel piece in the shop to get it—my father's watch was then hanging on a nail over it—I had to get the water from the kitchen—I left the prisoner in the shop—when I had got the water the prisoner came to the foot of the stairs—he drank part of the water—I threw the other part away and he left—I went into the shop and stayed there till my mother came home in about a quarter of an hour, when the watch was missed—from the time the prisoner left, no person came into the shop.
Cross-examined by MR. RIBTON. Q. What time had your mother gone out? A. About 2 o'clock—I was the only person attending the shop—there was only one person in the shop that day, the fishman—he came about twenty minutes past 4 o'clock—I never left the shop from 2 o'clock till half past 4—I was sitting behind the counter—I sold nothing—I bought some fish—I did not take it into the kitchen, I left it in the shop—the fishman was in the shop about five minutes—no one else came in while he was there—my father always leaves his watch there—there is a fire place behind the counter about a yard from the counter—the watch was over the mantel piece—anyone must have gone round the counter to get it—they could not get it by reaching over—the prisoner came in about a quarter before 5 o'clock—I know the time because the man was going up the stones with the fish when he came—that is the only reason why I know it was a quarter before 5 o'clock—he was in the shop about ten minutes—I was two or three minutes in going into the kitchen and coming back again—we have no lodgers.
ELIZABETH LOVELL . On 2nd Dec. I left my shop in charge of the last witness, and went out about 2 o'clock to go to my work—the watch was hanging on a nail over the mantel shelf—I returned a little before 5 o'clock—I found my daughter in the shop—the watch was then gone—I gave information to the police—I was present the next day when the prisoner was apprehended—I heard the constable charge him, in my shop, on suspicion of stealing this watch the night before—the prisoner said he had never been in our room before in his life—I told him lie had been in before for tobacco and for matches to light his pipe—I recollect his coming for tobacco about three weeks before this took place—I knew him well—I had seen him every day for three weeks.
Cross-examined Q. He did not say "room," did he? A. Yes; he said, "I have never been in the room before"—you can see from the street door right into the kitchen—to go into the shop you have to go into the passage, and turn to the right—the shop is the front room—that is where we live—there is no counter, only a table which stands under the window—a man of the name of Shepherd and his wife lodge in the house, but on this day they were both at the London Hospital.
JAMES JACKSON . (Policeman, K 263). I apprehended the prisoner on 3rd Dec., at West Ham—I took him to the prosecutor's house, and told him he was given into my charge for stealing a watch—he said he had never been in the house—the mother said he had been in the house several times some time back, and he had asked for tobacco—he said, well, he was in the house three weeks back, but he did not come in the night before.
Cross-examined Q. The words he used were, he had never been in the house? A. Yes; he did not say "room," he said "house"—I have made all the inquiry I could about the watch.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. O'CONNELL. conducted the Prosecution.
ELIZABETH JONES . I am a widow, and live at Peak Hill, Sydenham. I know Mr. Hunt—he carries on business as an upholsterer, at Sydenham—he made two cotton blinds for me in August last—a person came to my house with a paper receipted; I was very much engaged at the time, and I paid him at the door—I paid him 7s. 6d.—I should not know the
person—a person of the name of Banks called for the money afterwards, and I was very much engaged then, and could not give him the money, but said if he would call again, I would, and Mr. Hunt himself came and had it—this (produced) is the receipt that was given me for the 7s. 6d.
HANNAH WHITE . I live as servant with Mrs. Spain, at Forest Hill—she is at home—she is not very well—I remember a gentleman's goods being removed from Blackheath to my mistress's house, in last August, by Mr. Hunt—after these goods were removed, he called for the money for the goods—I was present—he produced an account—I saw my mistress pay him 1l. 12s. 6d.—that was the account—he gave this receipt (produced).
EDWARD HUNT . I am a plumber, of Sydenham—I also carry on business in King William Street as a house agent—the prisoner was formerly in my service as foreman of upholsterers—he had 35s. a week, and half a crown extra every day he was engaged in moving—he entered my service about the middle of Feb., and continued till 23rd or 24th Sept., when I discharged him for drunkenness—his duties were to superintend the upholstering department, and to collect money and hand it over at once—the receipt to this account for 7s. 6d. is the prisoner's writing—he has not accounted to me for that—I remember this bill being given to him to collect, with others, on 17th April, and on his return he said that Mrs. Jones would send down the money—I never mentioned it to him afterwards—about the middle of June he was down in Dorsetshire, attending a removal—the receipt to this account (produced), is in his writing, and the bill has been made out by him contrary to my instructions—I did not know that it had been made out at all till the end of Oct.—it was the other clerk's, Mr. Barker's, duty to make out the bills—this sum has never been accounted for to me—I went through the ledger in the prisoner's presence, and the other clerk said, "Here is this account of Mrs. Payne's, we may as well send that in;" the prisoner said, "No; because we have to remove them into their new house, and lay down carpets and blinds"—and afterwards he said, "Here is this account of Mrs. Payne's again; we may as well collect that;" and the prisoner again said, "No, you must not collect that till the whole of the work is done"—the first conversation was about the middle of Aug., and the second about three weeks afterwards.
Cross-examined by MR. COOPER. Q. Where did the prisoner come from to you? A. From Willett and Healey, and he had lived with their predecessor—he had not to collect 500l. worth of money while in my service; I should say not over 300l.—when he left me he, not at once, but very soon afterwards, went to live at an upholsterer's over the way; but I do not know anything about it—I was at Brighton when I was informed of the money being received—I cannot tell you when he went to my rival over the way—I heard that he was there—I did not go there, or send after him there; he suggested to me, soon after entering my service, that removing goods was a very good trade—I had done that before, but not to that extent—I engaged him principally for that—I did not take some mats and wrappers from him—he had half a crown extra for all the days he was engaged in removing; and he chose, of his own accord, without consulting me, to bring down mats and wrappers of his own, which he used for the purposes of moving; some he had, and some were my own—he reaped the benefit of them as well as myself; he had his half crown a day—I do not know that I gave him 2s. extra for the loan of them, on first using them—a portion of them has not been lost, to my knowledge—one parcel of wrappers went down to
him in Dorsetshire, by his request, and I believe the Railway Company lost them—I made a claim to the Company of 2l., but what I did was on his behalf.
Q. Has not the prisoner over and over again, claimed the wrappers that you have had? has not he claimed 8l. for them? A. No; the first I heard of it was in Greenwich Police Court—I told him at the time he left to take away his repairs, and paid him every farthing that was due to him on the night he left—I have not received a debt, amounting to 4l. 19s. 1d., of which he sent me this account (produced), except it has been in the way of sundries—I have said, "You are going down into Sussex; there is 2l. for your expenses"—he has never found any difficulty in getting his wages, quite the reverse—I will swear I paid him every farthing that was due to him—he has never said that I am indebted to him—he said at the Police Court, "I have received that money, but Mr. Hunt owes me money"—I have looked over all my books at the time he was servant with me—there have been other accounts besides those two sums, and they have been settled—I found out the 7s. 6d. about a fortnight after he was given into custody—the Magistrate did not say, after hearing the whole case, that he should discharge the case unless I could find out another sum—I charged him with the 7s. 6d. on the last examination—I sent in a claim to the railway for 2l. on his behalf—Mrs. Stokes does not threaten me with an action at the present time; she is my mother-in-law—I was not threatened with several suits, by customers of mine, while the prisoner was in my employ—as to Mrs. Grove suing me, I am suing her; that is a very different thing to being sued—I have also an action against Mr. Fanworth; that was not commenced till after the prisoner was given into custody—I do not know that he is an important witness on the other side; it is all a subterfuge, all nonsense—in the one action they paid 240l. into Court—the prisoner has been on bail—I understand he has been discharged from the employment of the upholsterer opposite, for drunkenness and something worse—I did not threaten to murder him on one occasion, what next will you invent?—it was not my mother-in-law and servant that prevented me from choking him—I never said that I would be d—if I would not murder the rascal—I never used an oath, it is contrary to my profession.
MR. O'CONNELL. Q. Who are these parties? A. They are ladies, whose lawyer has got their money, and will not part with it—Mr. Fanworth is a madman, who carries a knife in his pocket, and says that, if anybody asks him for money, he will murder them.
JAMES BANKS . I am clerk to Mr. Hunt—I entered his service on 13th April, 1857—I made out this account of Mrs. Jones—I was away in August last, on a visit; I returned on 17th Aug.—I said to the prisoner that there was an account of Mrs. Page's that would be collected—he said, "You must not make out that bill, because there is another job to do"—about a fortnight afterwards I proposed it again, and he said, "No, they will not pay till the job is done."
Cross-examined Q. I believe, after leaving your master, he went over the way? A. Yes; I spoke to him when he was there—when he was at my master's, he helped in packing goods and removing them—several of his mattings were used, and he seemed to labour all he could for the advantage of his master—he has said to me that there were the wrappers to pay for—as to paying his wages, I have heard Mr. Hunt say, "Have you got your account ready?" he said, "No," and then his master said, "I will not pay
you, there is a sovereign"—he has complained to me of not having his wages whole—my master is a little hot and hasty sometimes—I know nothing of the 2l. which my master has claimed from the railway—I cannot say the amount the prisoner has received for my master—he may have received 200l. or 300l.—he brought it to my master, not to me.
MR. O'CONNELL. Q. At what time did he make the statement about the wrappers being to be paid for? A. On his leaving; he did not do so when I came first—I do not know whether he complained earlier than on his leaving—with regard to when he was paid a sovereign at a time, I have not known that happen, except when his master asked him about his accounts being ready.
COURT. Q. You say that he said, "Do not send to Mrs. Payne's, there is more work to do;" was there another job doing for her? A. Yes; that continued doing till he left.
JOHN STRENGTH . (Police-sergeant, R 49). I apprehended the prisoner on the morning of 12th Nov., in High Street, Sydenham, at the shop of Mr. Adams, an upholsterer—I said, "Mr. Hunt charges you with receiving 1l. 12s. 6d., and not accounting for it, from some lady at Forest Hill, whom I do not recollect"—Mr. Adams came from another part of the shop, and on my telling him, he said to the prisoner, "Have you received any money and not accounted for it?"—he said, "I know of no other, except Mrs. Payne's"—I then took him into custody. (MR. COOPER. stated that the prisoner had a claim on his master of 8l. or 9l., for which he was going to sue him, and which, being a set off, there could be no case of larceny. THE COURT. considered that it was but a slight case.)
NOT GUILTY .
WILLIAM HENRY WILLIAMS . I am a plumber, painter, and glazier, of No. 4, Maddox Place, Greenwich Road. On 5th Dec. I left my shop, and went into the parlour at a little before 10 o'clock, and had just taken my seat when I saw the prisoner enter the shop, and take some brushes and a glazier's diamond off the counter—in rising from the table I stumbled against a chair, which prevented my getting on as fast as I ought, and by the time I had got to the street door he had gone—he pulled the door to after him, and got twenty yards from my house—I had a loose coat on, the pocket of which was torn behind, and my pocket book, containing a number of papers and letters, flew out, and a person who was coming along the road, facing the prisoner, picked it up while I went in pursuit of him—I lost sight of him in turning round to look for my pocket book, but saw him four or five minutes afterwards, within twenty yards of where I had been standing looking for him—he had made his way to Deptford Bridge, and Matthews, who had picked up my pocket book, showed him to me—we secured him, and I said, "Where are my brushes?"—he said, "I know nothing about them"—I took him into custody—about half an hour after I had been at the Police Court a young girl came to my shop and offered the brushes for sale.
ROBERT MATTHEWS . On 5th Dec. I was going down Greenwich Road, about a quarter before 10 o'clock, and saw Mr. Wilkinson running after the prisoner—he passed me, and his pocket book and papers flew out of his pocket—I picked them up—I was present when the prisoner was taken, and am sure he is the same person that Williams was running after when
first I saw him—I overtook Williams, and said, "There if the man"—I had lost sight of him about five or six minutes.
Prisoner's Defence. A policeman stopped me, and asked me where the brushes were; I said, "What brushes? if you suspect me of stealing anything, there is the police court over the way; take me, and have me searched;" I had not been near his premises.
(He was further charged with having been before convicted.)
WILLIAM KENDALL . (policeman). I produce a certificate—(Read; "Greenwich Police Court; Joseph Parrot, Convicted, on his own, confession, Jan., 1866, of Larceny; Confined Three Months")—I was present—the prisoner is the person.
GUILTY.— Confined Nine Months.
Before Mr. Common Serjeant.
148. JANE SILL (21), was indicted for stealing, on 18th Nov., 4 bonnets, value 1l. 16s., the goods of William Henry Young; 19th Nov., 5 bonnets, 2l. 15s., the goods of Henry John Hildrith; 19th Nov., 4 bonnets, 2l. 3s., the goods of Emma Barber; 4th Nov., 5 bonnets, 1l. 10s., the goods of Edward Lewis: to all which she
PLEADED GUILTY .**— Confined Eighteen Months.
PLEADED GUILTY .— Confined Twelve Months.
JONES PLEADED GUILTY .— Six Years Penal Servitude.
WILLIAMS PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
MR. POLAND. conducted the Prosecution.
MARY PEMHEY . I live at Mr. Newell's, a tobacconist, No. 8, Britannia Terrace, Wandsworth Road. On Thursday evening, 19th Nov., I was in the shop, between 6 and 7 o'clock—the prisoner came, and I served her half an ounce of tobacco—it came to 1 1/2 d—she gave me a shilling—I gave her 10 1/2 d. change, and she left—I dropped the shilling into the front of the till—there was another customer in the shop at the time—Mr. Noakes came in immediately afterwards, and, in consequence of what he said, I looked in the till, and took the shilling out that I had put in—there was no other money there but some shillings, that were quite separate—I had not shut the till—I am sure the shilling I took out was the one which I had put in—I gave it to a person, and she gave it to Mr. Noakes, and he bent it—he left the shop, and in about ten minutes he brought back the prisoner—I
asked her where the change was that I had given her—she said she had not been in the shop before.
Prisoner. I was not in the shop. Witness. I am sure she is the person.
COURT. Q. How long was she in the shop? A. One or two minutes—there was a gas light inside the counter—she was standing outside the counter—I know her by her dress and her features.
JOHN NOAKES . I live in Howard Street, Wandsworth Road, and am a horse keeper. On the night of 19th Nov. I was in Wandsworth Road, about half past 6 o'clock—I saw the prisoner with another female—I watched them—the prisoner went into Mr. Newell's shop—the other woman remained outside—after the prisoner came out, I went in and spoke to the last witness—she took a shilling out of the till and gave it to me—there was another person there, but I did not lose sight of the shilling—I bent it, and went after the prisoner, who was in the Wandsworth Road, about 200 yards from the shop—the other woman was with her—when they saw me they ran down a dark street, and I went after them, and overtook them just at the back of Mr. Jones's stable, about forty yards down—I took hold of them—the prisoner said, "What do you want with me?"—I said, "To come back to the tobacco shop," and told her she had been passing a bad shilling—she said she had not—they both resisted, and the other woman got away, but I would not let the prisoner go—the prisoner put her hand into her right hand pocket, and took out a paper and threw it down by the side of her—as it fell, it broke open, and four shillings rolled out of it—I picked them up immediately, and bit them—I took the prisoner back to the shop—I gave the four shillings and the one I received in the shop to the constable.
Prisoner. His evidence is quite false.
EDWARD HOWARD . (Policeman, V 300). I was sent for to the shop on Thursday evening, 19th Nov.—the prisoner was given into my custody—she said, in going to the station, that she was not the party—I received these five shillings from the last witness—I found on the prisoner one good shilling—she said she lived at No. 34, Lucas Place, Waterloo Road—there is no such place.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined One Month.
FRANCES WILKINSON . I am the wife of John Wilkinson, of No. 101, East Street, Lambeth Walk. I have known the prisoner about twenty years—I knew that she was married to Thomas Alexander, because I saw them coming out of the church, about eighteen years ago, and she had told me that she was going to be married to him—I was on the church steps, but did not see the wedding inside—I saw them come out arm in arm—it was St. Andrew's, Holborn—I knew them both afterwards—they lived together as man and wife, and parted about twelve or eighteen months afterwards—they have not lived together since—I saw a mob in West Street, and saw Alexander pushing his wife out of a house of ill fame—he said that it was a pretty sight for a husband to see his wife in bed with a man—she is charged
with marrying my husband—I know nothing about her marrying him—I was with him five years ago when she went and broke the door open when I was gone out for a walk, and that was the cause of our parting, and I told him I never would live with him any more; but I have lived with him since for sixteen months—we were living together very comfortably, till the prisoner came and gave him into custody—he has pleaded guilty—I and my husband had agreed, if she came to disturb us again, to put ourselves on the mercy of the law, so that we might live comfortably in our old age together.
Prisoner. Q. Have not you lived with Joe Stitch and Jem Crummet? A. That has nothing to do with you—I do not walk the streets for my living—I did live with Joe Stitch eight years—I never brought you my marriage license to show you, nor did I shake hands with you, knowing that you were going to America with my husband—I did not know that you were going to America with my husband—I do not know that you were saving up money to go to America with my husband, nor did you tell me—I did not know it till Alexander was living in the same house as I was.
COURT. Q. Are you sure you were married to John Wilkinson? A. Yes, at Bury St. Edmunds, and the prisoner burned my certificate—it was pasted in a favourite book which I had, and she got it when she was lodging with my husband—I did not see her burn it—I was told so, but not by her.
MARY SULLIVAN . I am a widow. The prisoner is my daughter. I was present at St. Mary's Church, Paddington, about four years ago, and saw John Wilkinson and Ann Sullivan, my daughter, married—her husband's name was Alexander—he was not dead, but she had not seen him for sixteen years; but she heard that he was dead years and years before, and here are plenty to prove it.
STEPHEN BOOTH . (Policeman, L 196). I produce a certificate which the prisoner gave me when she gave Wilkinson into custody—I afterwards took her into custody on a charge of marrying Wilkinson, knowing that her husband was alive—she said she heard that he was dead—he was with me at the time, and said, "You see I am not dead; I am alive now."
Prisoner's Defence. I am innocent of knowing that my husband was alive; I had not seen him for fifteen years, and have got witnesses in Court.
The prisoner called
ELLEN CRESSWELL . I am a widow, and live at No. 14, Baltic Street, Old Street. I know the prisoner and her husband—I was not present when they were married—they lived together as man and wife, and were very united for a time—they afterwards separated—that was about sixteen years ago; and it is between thirteen and fourteen years since I saw Alexander, till I saw him at this Court—I kept sight of his wife, and have seen her frequently—it was given out amongst his trade that he was dead and gone—I never lived further from her than Bishopsgate Street—I used to see her off and on—when I met her six or eight years ago, I said, "Is it possible what I hear is true?"—she said, "What?"—I said, "Of Thomas Alexander being dead?"—she said, "Yes," and cried—I heard from a good many people that he was dead, and can bring plenty of people to prove it.
CHARLES WILKINSON . I am the brother of John Wilkinson. He lived with the prisoner as man and wife for a number of years—I know nothing of her former husband, Alexander, except being a shopmate with him twenty years ago—I lost sight of him ten years ago last April, I think, and have not seen him from that time till he came to give his wife in charge—I did not know of her marriage with my brother till afterwards—I have
frequently had conversations about her husband, Alexander, five or six years ago—she frequently said to me, "Thomas Alexander is dead"—I told her that I had information that he was alive, by his shopmates who passed through the town of Faversham, in Kent, and heard that he was there—she said that she did not believe it, for she had heard that he was dead—I did not name the shopmates particularly.
(THE COURT. considered that the second marriage would not have been valid, being to a person who was married already, and that, therefore, there was an end of the case.)
NOT GUILTY .
NOT GUILTY .
155. HENRY THOMPSON (36) , Feloniously forging and uttering an order for the payment of 10s., with intent to defraud, having been before convicted.— There were two similar charges against the prisoner, to all which he
PLEADED GUILTY .**— Confined Fifteen Months.
ADJOURNED TO MONDAY., JANUARY. 4TH., 1858.