CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. THIRD 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, January 4th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. SALOMONS; and Mr. RECORDER.
Before Mr. Recorder and the First Jury.
GEORGE HATCHARD WELCH . I am one of the ushers, and gaoler of Marlborough Street Police Court. On 14th Aug. the prisoner was in my custody in order to find sureties, and as I was removing him from the dock to one of the cells, he said, to the best of my recollection, that he would be revenged; and as he was going along the area towards the cell, near where the office keeper lives, he was going to make water—I told him that it was a very improper place to do that, and with a little coaxing I persuaded him to come on to where I showed him, and under the tank were two pails; he up with them one after another, I avoided them, and they penetrated into the bricks of the wall—I opened the cell door, and called a man named Saunders, who was there for stabbing his wife; he came to my assistance—the prisoner threw himself forward, and commenced kicking me just here, and I suffered a great deal of pain for a long time, and have been away from my duty for three months, and have great difficulty in doing my duty now—my impression is that he had been drinking very hard—he had not been in custody above an hour.
WILLIAM SAUNDERS . I was in custody, and Welch called on me to help him—I came out of my cell, and saw the prisoner flinging a zinc bucket, and then a wooden one; I fastened him by the arms, and on pulling him into the cell he made three or four kicks at him—after he got into the cell he stripped all his clothes off, tore up everything but his boots, and then laid down and went to sleep.
WILLIAM BARRETT HARPS . I am a surgeon, of Great Marlborongh Street. On 14th Aug. I was called to the prosecutor, and found him in excruciating pain, just on the region of the liver—he was not able to speak, and breathed with very great difficulty—I considered him in considerable danger; he was under my care more than two months, and is complaining of considerable pain still—I consider that the prisoner was labouring under delirium tremens from drinking, and that he did not know what he was doing—hewas quite naked; he stripped himself from head to foot in the cell; I went to him, and he decidedly did not know what he was doing—it is impossible to say whether that was from drink or insanity, but I understand that he had been drinking to excess the night before—he has been a soldier, and he says he received a wound in his head, and when he drinks he is wandering—hewas considered as not fit to take his trial, and was sent to an asylum.
GEORGE HATCHARD WELCH re-examined. He was in custody for going into Swan and Edgar's, and intimidating the ladies because they would not give him anything—he threatened to break all the windows, and was brought to our Court, and had to find bail.
GUILTY of a Common Assault.— Confined Four Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .*— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
WILLIAM BOOTH . I am a coach trimmer, of No. 1, Cottage Place, York Street, Lambeth. On Saturday evening, 19th Dec., about 6 o'clock, I was at the top of Strutton Ground; I was quite sober—I went into a public house, and had half a quartern of gin and some hot water—I paid for it, and got some change, but I cannot say how much—a sixpence dropped, and the prisoner assisted me to look for it, but we were not able to find it—he said that he was out of work, and with a good deal of persuasion I stood a pint of beer for him, and then got away as well as I could, but he kept pushing against me, and saying, "Stop a little bit, master"—I had drank about half a glass of stout with him before I gave him the pint of beer—I drunk some of the pint—after I got out I walked from one end of Strutton Ground to the other; I then heard a voice behind me, saying, "I say," or something like that—I turned round, and saw the prisoner; his hand was in my pocket in a moment, where I had got a pocket book containing 1l. 9s., or 1l. 9s. 6d., and a tobacco box—there were two half sovereigns, and the rest in silver, I cannot say of what kind—I missed my pocket book in a moment—he then said, "All right," and shoved me down—I tried to grab him, but could not—I got up directly, and went up Pear Street; I did not lose sight of him till he got to the top of the street—I spoke to a policeman, and went to the station house; a policeman went with me to the Corner Pin public house, Strutton Ground, and saw the barman—the prisoner was in front of the bar; I gave him in charge.
Cross-examined by MR. RIBTON. Q. Have you ever been to the Corner Pin before? A. Many times—I am not in the habit of going there—there was no one there except him and me, and a man that was with him—I stayed there ten minutes or a quarter of an hour—I had only been in one other public house that day, the Warwick Arms; that was about half an hoar before—wehad two pots of porter between five—I had been at work that day, and had been paid my wages, 32s. 6d., out of which I had paid my tobacco score and other things—I was as sober as you are—I was, very likely, soberer than I am now—I have not been drinking this morning, but it was Saturday, and you may depend upon it no working man gets drunk on a Saturday—when I left the public house, I was going towards home; I live nearly two miles from there—I called out "Police!" but no one came to my assistance—Ishould suppose there were 200 or 300 people in the street, but not within ten yards of me—I went to the Corner Pin before I went to the station; I did not see the prisoner there then—I went there again with a policeman after I had been to the station, and there was not a soul there.
RICHARD TURNRAM . I live at the Bricklayers' Arms, Strutton Ground, which is sometimes called the Corner Pin; it is kept by Mr. Knight. On this Saturday night the prisoner came in first—when I had served them I went in to tea—they were not together, but after I came out they were drinking together—I took for what Booth had, half a quartern of gin, and he gave me two penny pieces—there was no change—I do not know whether he paid for some beer afterwards; I was gone in to tea, and did not pay any further attention to them—I do not know who went out first, but Barry came back about half an hour after—the prosecutor had not been to me in the mean time—Isaw him come in without the prisoner in about a quarter of an hour—he did not speak to me, but to one of the barmen.
Cross-examined. Q. How long were you in at tea? A. About twenty minutes or half an hour—when I came back, I found Booth there drinking with the prisoner—I think it was stout—they had a pint pot—Booth had had a drop of liquor.
MR. PAYNE. Q. Did you know him before? A. No—I am sixteen years old, and am assistant in the bar.
WILLIAM MEYER (Policeman, B 214). On Saturday night, Dec. 19, about half past 6 o'clock, Booth came to the station, and from what he said I went with him to the Corner Pin, and saw the prisoner there with a glass of brandy and water in front of him, and a cigar in his mouth—Booth said, "That is the man who robbed me"—I told the prisoner I wanted him, for robbing Booth of 1l. 9s. 6d.—he said, "It is a pretty job this is"—he came out very quietly indeed as far as the Grey Coat Hospital, when he became very violent—acrowd came round, and he passed something to his brother, who came up—itwas like paper screwed up small—he then said, "I am not going without I have a b—scrap for it," and took hold of my staff, and tried to wrench it from me—he kicked me violently on my legs and thighs, and also my brother constable—it took five or six of us to take him to the station—he was there searched, and half a crown, a two shilling piece, and two sixpences (produced) were found on him—his brother ran away at the Grey Coat Hospital.
Cross-examined. Q. Were there a great many constables there? A. Yes—Idid not tell them to apprehend the brother, though I saw something pass to him—the prisoner had been drinking—there were about twenty persons at the Corner Pin—it is a very troublesome neighbourhood—Strutton Ground is a kind of market on Saturday nights, and there is a great crowd there—it is a very low neighbourhood—he was searched at the station.
Cross-examined. Q. Was there a crowd about him? A. Yes, around us.
GUILTY .—He was stated to have been in custody nineteen times for assaults.— Confined Eighteen Months.
160. JOHN HIGDON THORNHILL , Unlawfully procuring obscene and indecent prints, for the purpose of uttering and publishing the same: to which he PLEADED GUILTY, and received a goodcharacter.—Judgment Respited.
PLEADED GUILTY .— Four Years' Penal Servitude.
Mr. BODKIN (for the Prosecution), stated that the prisoner's deficiency amounted to nearly 3,000l. in little more than a year.
MR. COOPER conducted the Prosecution.
JOHN BRADLEY . I live at No. 23, Salisbury Street, Strand, and am foreman to Charles Ansell and another, boot makers, of Gresham Street. On 3d Dec. about 8 o'clock in the evening, I shut up the shop and fastened the door; it locks with a Chubb's lock and a padlock outside—I took the key with me as usual—next morning when I went there, about half past 8 o'clock, I found the door broken open, and a policeman there; it had been forced open from the outside; there was a mark on the door—I examined the stock, and missed about forty-three pairs of boots, and nine odd ones; I know those nine odd ones well, they had been in the shop some time; I have the fellow boots with me that were left behind in the shop.
Cross-examined by MR. LILLEY. Q. How many years have you been in the shoe trade? A. About twenty—I have been in several employments—I have sometimes had odd boots in my possession; I may have had as many as one hundred in the course of my time.
MARK NATHAN . I live at No. 140, Bermondsey Street, Southwark; I am a shoe maker. On Sunday, 13th Dec., between 1 and 2 o'clock in the day, I was at a public house in Kent Street—I found the prisoner there with a friend—the friend spoke to me first, and said that he had bought a pair of boots at my shop; that they were very bad ones, but he was going to have another pair of me—he said something to the prisoner, which I did not hear, and then the prisoner said, "Oh, you are in the shoe line; I have six or seven odd boots; do you think you can match them?"—I said probably I might be able—he said he would bring the hardest boot out of the seven to show me—he went out, and came back again with a boot, which he placed
on the counter, and said that was the hardest boot out of the seven—I told him it was a difficult job to do, that I could not give him an answer then, but I would take the boot with me, and if he would call on Monday evening, between 6 and 7 o'clock, I should be able to tell him better about it—I took the boot away with me—I was from home on Monday evening, but on Tuesday evening, between 7 and 8 o'clock, I saw the prisoner; he called and asked what I thought of the boot—I said it was very probable I could do it, but I should not like to do the hardest one without I had the other six—he said if I came home with him, he would show me the other six—I went with him to an oil shop in Kent Street—he took me up stairs, and produced the other six boots, and put them on the table—I believe he took them from off a chair—I took the boots away—I afterwards gave them to Ball, the officer.
Cross-examined. Q. Were you acquainted with the prisoner before this? A. No—he did call on the Monday, but I was not at home.
JOHN MARK BULL . I am a City detective officer. I produce seven odd boots, which I received from Mr. Nathan—on Wednesday evening, 17th Dec., from information I received, I went with Nathan, and a police officer, to the prisoner's house, No. 277, Kent Street—he keeps an oil shop—I found him behind the counter—I asked if he knew Mr. Nathan, pointing to him—hesaid, "I do"—I said that we were two police officers, I was about to ask him some questions, which he might do as he pleased about answering—Isaid, "I have received seven odd boots from Mr. Nathan, and he says he has received them from you to make fellows to them"—he said, "I never gave Mr. Nathan any odd boots"—I said, "One on Sunday last, and six last night; Mr. Nathan says you were in his company last night"—he said, "Yes, I was, and had some gin and water with him"—I said he might consider himself in custody for receiving a portion of boots that had been stolen from Messrs. Ansell and Hobbs, of Gresham Street, City, on the night of the 3d, or the morning of the 4th of the present month—he said, after the caution I had given him, he should reserve his defence—I then proceeded to search the house—I found several things, but not connected with this indictment.
Cross-examined. Q. Are they connected with any other indictment on the files of this Court? A. No—I was not in uniform—it was between 5 and 6 o'clock that I went to his shop—there were no customers there when I went; several came in while I was there.
JOHN BRADLEY re-examined. I know the boots produced; they formed part of the property that was lost—they have the private marks still on them—Ihave here the seven other boots which match them—odd boots are not generally sold—it is very difficult to match odd boots.
Cross-examined. Q. It would be very easy with sand paper to erase these marks, would it not? A. Yes—we do not make job lots of odd boots; we generally keep them by us, having no sale for them.
WILLIAM WAY . I am a carman, and live at No. 14, Adam Street, New Kent Road. On Sunday, 13th Dec., between 1 and 2 o'clock, I went with Nathan to the Oak public house, in Keat Street—the prisoner and a friend came in while we were there—I did not hear the first conversation take place, but I heard the prisoner's friend say to Nathan, that his friend, meaning the prisoner, had seven odd boots, and he asked if he could match them—Nathan said he should like to see them—the prisoner went across to his own house and brought back a boot—he said, "That is the hardest one to do among them"—Nathan took that boot away, and was to let him know on the Monday evening.
Cross-examined. Q. This occurred, I believe, in front of the bar. A. Yes—therewere persons coming in and out for their beer, but none to stay—this was done quite publicly, any one could have seen it. GUILTY of Receiving.
The prisoner was further charged with having been before convicted.
GUILTY.— Six Years Penal Servitude.
PLEADED GUILTY .*— Confined Nine Months.
166. WILLIAM MACGUIGAN (50) , (a soldier), Feloniously breaking and entering the dwelling house of Charles Clements, and stealing therein 5 cups, 4 saucers, and 2 counterpanes, value 10s.; his property.
JOHN COLLIER . I am pay sergeant of the Royal Elthorne Militia; it is my duty to look round the stores. On 11th Dec, I went to make an inspection of the sergeant's cottages, and saw a pane of glass broken in Charles Clements' cottage; the glass was on the floor, and the catch was undone—I missed two counterpanes, and some cups and saucers, a tea pot and a sugar basin—I had seen them safe the day before—I am certain that the counterpanes belong to Charles Clements—he has gone to Ireland—the prisoner was left to look after the stores which were left behind—I received these cups and saucers, and dimity (produced), from a boy who Mrs. Archer sent—I gave them to Thomas Smith, a policeman—they are the same pattern as those lost, and part of them are left now in the sergeant's room.
ELIZA LADYMAN . I am the wife of Thomas Longman, and keep a beer shop at Hillingdon. The prisoner has been billeted at our house—after he left, a man named Cripps came; that was last Friday three weeks—very near a week before the prisoner was taken, Cripps brought some crockery—I did not take much notice of it, but this is very like it—after that the prisoner came and asked me if I would have the china—I said, "I do not want it, I have got more than I want"—he took it away, and came back without it—Crippsleft it, and the prisoner took it away tied in a bit of dimity.
THOMAS SMITH (Policeman). I took the prisoner on 19th Dec., and told him he was charged with breaking into Sergeant Clements' house, and stealing two counterpanes and some crockery—he said that he knew nothing about it—I took him to the station and searched him, but found nothing—I had a conversation with his wife, but he was not present—I received the crockery from Sergeant Collier.
WILLIAM WESTERN . I keep a beer shop at Uxbridge. The prisoner came there four weeks ago next Thursday—I was out at the time—when I came home he asked for the master of the house; I said that I was the master, and he asked me if I would buy two counterpanes—I said, "Yes, if I can"—he showed them to me, and told me he had bought them in London when he was recruiting—I gave them to Smith the policeman—I believe these are them.
SERGEANT COLLIER re-examined. These are the counterpanes I spoke of, which I can say positively are Clements' property—here is a stain on one of them which I know it by—I can also swear to these two pieces of dimity.
Prisoner's Defence. I acknowledge selling the counterpanes;
I bought them out of my recruiting money; I was out three weeks, and between three or four of us, we got between 300 and 400 recruits; I bought these articles thinking they would do for my sister whose husband was drowned, but finding that she had gone into the union I sold them; I knew the man well, for he was billeted in the same house as I was; he deals in crockery; I met him with the crockery, he asked me to fetch it out for him, and I said that I would; I have been many years a soldier in the East India Company, and in the Sikh wars, and was in eight general engagements.
NOT GUILTY .
PLEADED GUILTY .— Confined Six Months.
ANNIE M'CARTHY . I keep a tobacconist's shop at No. 110, Cheapside. On the night of 29th Dec. the prisoner came for two twopenny cigars—I placed them before him, and he offered me a sovereign—I opened a drawer and put it in a little basin which had gold in it, closed the drawer, and went to the till to take out the silver—he then said, "Give me back my sovereign, I have smaller change"—I opened the drawer where the gold was, and gave him back the sovereign—he took it with one hand, reached his other to the gold basin, took out another sovereign, and dropped a shilling in it's place—I caught his hand, held it, and found the sovereign jammed between his thumb and the palm of his hand—while I was struggling, an elderly man came to the door, and I said, "Pray assist me, this man has stolen a sovereign;" but he stood very passively by while I took the sovereign from the prisoner—I said, "Do call a policeman," but he refused, and said, "Give me some tobacco"—I could not leave the counter, and he was going out of the shop—I said, "Do send me an officer to take this man;" he said, "Have not you any one else to send?" I said, "No," and he went to the door and spoke to an officer—the prisoner knelt down behind the counter, pulled off his shoes and stockings, and I heard something drop which sounded like gold; but he held a two shilling piece in his hand and said that it was that.
Prisoner. Q. Did not you give me the sovereign back, and did not I throw down a shilling in the place of it? A. You did not—you dropped a shilling in the gold basin when you took out the sovereign—I took it out and placed it on the glass case, and it was there when the officer came—I held your hands with both mine, and did not loose them till I had my money—youcould not get out of the shop because the door is very narrow—I was as near it as you were, and it will not admit of two persons passing, and there was a gentleman at the door—you did not say that you would not go till you got your sovereign—I think you told the policeman that he might search you—you were very abusive.
JAMES NOBLE (City Policeman, 441). I was called to the shop, and found the prisoner on one knee putting his stocking from—the prosecutrix gave him in charge for stealing a sovereign from her till—he said, "It it my sovereign, I gave it for two cigars, and then asked her to return it, as I had got change"—he then said, "I did not want it to be changed, I wanted two half sovereigns for my sovereign"—I searched him, but found nothing—I searched him again at the station, and found one shilling in silver, some coppers, and three separate ounces of tobacco, but no sovereign or florin—I asked his
address, he said that he came from Manchester nine days ago, and he lived over in the Borough; he then refused to give any account of himself whatever—hewas very abusive to the prosecutrix at the station, and threatened her—this sovereign (produced) was given me by the prosecutrix, who knows it.
Prisoner's Defence. I did not want to leave the shop till I was searched; she put my sovereign into her till, and then gave it me out from the rest; I have been kept in a separate cell ever since, and there has been no sovereign found on me, not even my own.
GUILTY .—The officer Noble stated that he was apprehended three or four hours before for a similar offence, and the sovereign not being found, he was discharged; the gentleman was at the door in that case also.— Confined Twelve Months.
NEW COURT.—Monday, January 4th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. LAWRENCE;Mr. Ald. PHILLIPS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
169. MAURICE DE MONTIGUES (20) , Stealing 1 watch and other articles, value 5l. 10s., the goods of Thomas Dewhurst; 1 chain and other articles, value 2l. 2s., the goods of James Parks; and 2 coats and other articles, value 6l. 19s., the goods of Walter Brown; in the dwelling house of Esther Dewhurst.
MR. COOPER conducted the Prosecution.
(The prisoner, being a Frenchman, had the evidence interpreted to him.)
THOMAS DEWHURST . I am a warehouseman. I was residing at Dolly's Coffee House, Queen's Head Passage; I had a bed room there. On Tuesday night, 1st Dec., I missed from my room a watch, a chain, a ring, and a stud—theyhad been left on the dressing room table—I had seen them that morning, about a quarter before 8 o'clock, and I missed them about a quarter past 12 o'clock at night—it was either the night of 30th Nov. or 1st Dec.—I mentioned to Parks, the waiter, the same night, that I had lost them—I do not know where the prisoner slept—my ring was shown to me by the police officers—Ibelieve I have seen my watch, but it being a Geneva one, and there being so many of them, I could not swear to it—the house is the dwelling house of Esther Dewhurst; it is in the parish of St. Faith under St. Paul's.
JAMES PARKS . I am waiter at Dolly's Tavern, Queen's Head Passage. On 30th Nov., about 8 o'clock in the evening, the prisoner drove up in a cab—hehad with him a portmanteau and a carpet bag, which appeared to be full—he spoke in broken English, and asked for a room—he had a bed room that night on the second floor, in the private part of the hotel—I know Mr. Dewhurst's bed room; that was a story lower down than the prisoner's—theprisoner would have to pass it to go to his own bed room—on the following afternoon the prisoner told me he expected a French doctor to see him, and he wished him to be shown to his room—he seemed to be labouring under a cold—in the evening, about 7 o'clock, a gentleman came, and said he had come to see the French gentleman who had come the night before—I conducted him to the prisoner, who was then in the sitting room, the room
for ladies and gentlemen—the prisoner had to pass through that room to get to his bed room, and he was there conversing with a lady and gentleman—theother gentleman left soon afterwards, and I missed the prisoner about five minutes past 12 o'clock—when I missed the prisoner I went into his room—the carpet bag was gone, but the portmanteau was left; it was opened, and it contained a bundle of coals and a lot of tags, trousers and waistcoats, very old and ragged—I missed from my own room a watch guard, a cigar case, which had been lying on the bed room table, and a silk pocket handkerchief, which was locked up in my box, which I had left safe in the middle of the day, and it had been forced open by violence—I have not seen any of my things since—I am quite sure the prisoner is the man—my room was directly over his—this is the portmanteau.
WALTER BROWN . I was a waiter at Dolly's Tavern, in Queen's Head Passage. On 30th Nov. the prisoner came, about 8 o'clock in the evening—Ihad a cigar case and a ring; I saw them safe in my box at 1 o'clock on 1st Dec; I missed them about half past 12 o'clock at night—box was broken open—I am positive it was locked the last time I saw it—this is my cigar case and ring (produced).
GEORGE MOLYNEUX (City policeman). On 5th Dec. I was in the Hay-market, and received charge of the prisoner—I told him I was a detactive officer, and I took him in charge for robbing Dolly's Hotel—he said, "A wicked man made me do it"—I asked him where that man lived, and his name; he said he did not know his name nor address, he lived in the City, but he did not know where—I put the prisoner into a cab, and in going along I saw him fumbling about with his hand—I asked him what he had got; he said, "Nothing—I forced his hand open, and took this ring from his hand, which has not been identified—I took this ring off his finger, which has been identified by Mr. Dewhurst—I took him to Dolly's Hotel, searched him, and found on him a cigar case, a watch chain, some small keys, and this cloak, which is new, and has not been identified—I received this portmanteau from one of the witnesses.
HENRY FRANCIS DOSSETT . I am a warder of Newgate. The prisoner was committed on 11th Dec., and in going to the bath he placed his hat down—Isearched it, and found in it this watch and chain, in the lining of it.
Prisoner's Defence. It is a mistake that I said, "One wicked man made me do it;" I have stolen nothing, every thing found on me was given to me by the doctor; he stole some things from me, my poeket book and my carpet bag.
GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Two Months.
PLEADED GUILTY.— Judgment Respited.
172. WILLIAM JENNINGS (20) , Burglariously breaking and entering the dwelling house of Charlotte Stevenson, and stealing therein 1 box and other articles, value 13l. 10s., the goods of Agnes Baker; and 1 gown, 1 purse, and 2l. 14s., the property of Georgiana Baker.
MR. LAWRENCE conducted the Prosecution.
AGNES BAKER . I live at No. 54, Red Lion Street, Holborn. On 20th Dec. I went to bed about 1 o'clock—I had some dresses in the room, some on the bed, and some in a box—I heard a noise about 3 o'clock, and about 4 o'clock I discovered that I had lost the dresses and the other property—the whole of it was worth about 18l.—I never saw the prisoner till the Saturday night, as this happened on the Sunday morning—he was lodging in the same house—I and my sister occupy the same room.
Cross-examined by MR. SLEIGH. Q. Did you never see the prisoner till the Saturday before this occurred? A. No—I know he had been lodging there some weeks—I think my sister had seen him before—I do not know whether he was on friendly terms with my sister—I believe she had seen him two or three times—on no previous occasion had any of my things or my sister's been removed from our room to another by way of a lark—I have got all the property back.
MR. LAWRENCE. Q. Did you ever authorize this man to take your dresses away? A. No.
GEORGIANA BAKER . I occupy a room with my sister, at No. 54, Red Lion Street. I went to bed about 1 o'clock on 20th Dec.—the room door was shut, but was not locked—the house belongs to Mrs. Charlotte Stevenson—after I had been in bed I heard a noise on the stairs; it was about half past 2 or a quarter before 3 o'clock—I was going to get up, but I had not the courage to do so, as the key of the room door was outside—I got up about 5 o'clock, when I was roused by the landlady, and then the things were missing—I had seen the dresses safe the night before; I put some of them on the bed myself—the watch was on the small dressing table by the side of the bed.
Cross-examined. Q. Is this a coffee house? A. Yes—I had seen the prisoner about half a dozen times—I was not on friendly terms with him sufficient for him to take any of my things and move them away—that had never oocurred.
EDWARD BROWN (Police sergeant, E 10). I took the prisoner at No. 21, Albert Mews, Hoxton Old Town, in a loft—I said I wanted him for stealing a box from No. 25, Red Lion Street—he said, "There it is in the cart"—I opened it, and found the dresses—I asked him where the watch was—hesaid, "There it is"—I put my hand up and took a purse and the watch and 2l. 10s.—he said, "I am sorry for what I have done; I don't know what induced me to do it."
Cross-examined. Q. Did he not tell you at once where to find the box? A. Yes—he was perfectly sober—I have made inquiries and cannot find anything against him—I took the box back to Miss Baker's, and they found every thing in it—I found the prisoner by means of his door key, which he had left, and the lodger swore to it—he had been out late the night before, and let himself in with his own latch key—I found him asleep in a hay loft in his master's stable—the box was in a cart that was there.
COURT. Q. Whose house is this? A. It is kept by Charlotte Stevenson, and is in the parish of St. George-the-Martyr.
GUILTY .—Recommended to mercy by the Jury.— Confined Three Months.
MR. M. J. O'CONNELL conducted the Prosecution.
JOHN WILLS . I am a clothier, and live in Bermondsey Street. On Thursday night, 24th Dec., I was in Leadenhall Market, at the lower end of the poultry market, about 7 o'clock—I saw the prisoner there; it was rather in a dark place between the stalls—I was going to purchase an article, and did not like to pull out my money before the stall, and went a little further on—there was a great crowd—I stopped, and the prisoner came right in front of me, and put his fingers working away at my waistcoat—I looked down and saw his hand drop from my watch guard—I saw my guard hanging without the watch—I said to the prisoner, "You have taken my watch"—he said, "What, me?"—I said, "Yes"—I took him by the collar, held him that he could not run away, called a policeman, and gave him in custody—hestood pretty quiet when I had got him by the collar—I have seen my watch since—it is here now—it came to me by the parcels delivery—this is my watch—it is in the same state in which I received it—the chain is broken—therewere a great many people about, but no person on my right hand—Istood and let the people pass—the prisoner would not go by me—I saw him drop my chain from his left hand—I had had my watch not half a minute before I had left the stall—I merely went there, not a yard off.
Cross-examined by MR. RIBTON. Q. What was the watch worth? A. 2l. 10s.—I did not see what the other people were about—I bought a goose—theprisoner did not pass me, he stood right in front of me, and turned his head over his right shoulder—he was leaning against the boards or partition on his left side, and on my right—I was leaning there to let the crowd pass by—he was leaning in the same way—there were no persons between us; there were persons passing on the other side—I had had my watch directly before that—this is the chain that was to it, I saw it come out of his hand—itwas not cut—I lost a watch once before, on the other side of the water, at Shad Thames—I did not prosecute that man, he was too sharp for me, he got away—I cannot say how this watch was got from the chain; the ring is gone from the watch—I had not been having any refreshment before that.
ROBERT ROGERS (City policeman 39). On Thursday evening, 24th Dec., I was in Leadenhall Market—I was called by the last witness about half past 7 o'clock—I took the prisoner—the prosecutor charged him with stealing his watch—the prisoner said he had not got it, and did not know anything about it—I took him to the Station, and found on him 2s. 6d. in silver and 4 3/4 d. in copper—he gave me his address in Union Street, Borough—he was not known there.
Cross-examined. Q. Were there any persons abont the prosecutor? A. Yes, a great many persons passing backwards and forwards—the prisoner said at once that he knew nothing about the watch—the watch has been returned to the prosecutor.
The prisoner was also charged with having been before convicted.
PORTER WILLIAM DUNNAWAY (Policeman H 129). I produce a certificate—(Read:"John Baker, Convicted on his own confession, at the Thames Police Court, April, 1856, of stealing a watch; Confined six months")—I was present—the prisoner is the man.
GUILTY.— Confined Twelve Months.
OLD COURT.—Tuesday, January 5th, 1858.
PRESENT—Mr. RECORDER; Sir HENRY MUGGERIDGE, Knt., Ald.; Mr.
Ald. CUBITT; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the Third Jury.
PLEADED GUILTY.— Judgment Respited.
GUILTY.— Judgment Respited.
HARRIET DAVIS . I am an unfortunate woman, and live at No. 29, Plummer Street. On the night of 26th Dec, I met the prisoner by the Eagle in the City Road—I had a glass of ale with him at the corner of Britannia Street—I afterwards went home with him to my room; he stopped there about half an hour—he gave me 5s.—after he had stayed with me, he wanted to stay with me all night—I told him he could not do so—he then wanted his money back, and made use of very bad language—I told him he should not—it was in my pocket—he then threw me on the side of the bed, and put his hands round me, and said he would murder me if I did not give it up to him again—I begged of him to let me go, and when he let me go, I attempted to run out of doors; he went to the fire place and got the poker, and as I turned round he struck me on the side of the head—I had got just outside the room door, and he pushed me down the stairs—I got up and ran into the kitchen—he ran after me, threw me down in the kitchen, and knelt on my chest while he took my money—I struggled and got from him, and then he struck me on the back of the head with a piece of the tongs, and I know no more—I have been an inmate of the hospital ever since—when the prisoner first came in, he said he would stay all night; and then he preferred staying a short time—I submitted myself to him, and then he said he would have his money back.
ISABELLA OSBORNE . I am an unfortunate woman, and live at No. 29, Plummer Street. On the evening of 26th Dec., I was in the back parlour; I heard a cry of murder, and ran into the kitchen—I saw the prisoner kneeling on the prosecutrix's chest, fumbling at her pockets; she was bleeding very much from the front of her head—the prisoner said that she had better turn up his b—stuff—I ran into the street to call for help; Davis followed me, and the prisoner followed her with a part of the tongs in his hand; he struck her on the head, and she fell senseless at my feet at the door—I went and called the police, and when I returned, I found her in the room, lying senseless on the floor—I got a cab, and took her to the hospital.
PERCIVAL BOWLES (Policeman, N 284). On 26th Dec., I was called by Osborne to No. 29, Plummer Street—I found the prisoner about twenty yards from the door; he was very drunk—he seemed to know what he was about—I found the prosecutrix lying down in the back parlour, in a state of insensibility, bleeding from the head in two places—I took the prisoner into custody.
WALTER CHIPPENDALE . I was house surgeon at St. Bartholomew's hospital, when the prosecutrix was brought there, between 10 and 11 o'clock on this Saturday night. She had two slight wounds on the scalp, one in front, the other behind; the bleeding had then stopped—the wound in front was about three quarters of an inch in length, rather jagged; the one behind was an inch and a quarter in length—they were dressed under my superintendence, and she went away again that same night—they were not serious wounds—she might have been insensible from loss of blood—I saw her again on the Monday, and I then took her into the hospital in obedience to the Magistrate's request—she complained of pain in the stomach, and of having spat blood—I admitted her from that reason, not on account of the wounds.
Prisoner's Defence. I have my master to speak for me; I was very much intoxicated, but I did not steal anything; I had 10s. when I went into the house, and when I came out I had but 2s.; I remember, after giving the girl some money, that I lost my new hat, and was pushed down stairs, and she came atop of me, and hallooed out, "You wretch, you have cut my head"—Iwas so very much intoxicated, I cannot remember anything of it.
The following Witnesses were examined for the Defence.
JAMES WALLIS . I am a corn dealer, and live at No. 31, Plummer Street. On 26th Dec., about half past 10 o'clock at night, I saw the prisoner and prosecutrix go by my house; they were both drunk—they went in doors, and a few minutes afterwards a young woman, who lives in the house, came out hallooing for help, in a muffled voice—I went to the door of the house; the back room door was open, and I saw a male and female at the bottom of the stairs—theprisoner came out at the door, and the prosecutrix followed him with a part of the broken tongs in her hand—the prisoner took them away from her—she struck him twice afterwards with her hand, and he said, "If you do that again, I will strike you"—I caught hold of him, and took the part of the tongs from him—he did not strike her—she than flew at him, and they struggled across the road, and fell down together against the door post of No. 19, and the left side of her head struck against the story post—they got up, and her head was bleeding—she seized him again—he kept saying, "Let me go"—she said, "I will not let you go, not in this b—life"—anotherfemale then came from the road, and struck him twice, it appeared to me to be with a life preserver, which she drew from under her clothes—thatfemale is not here, but I know her well by sight as a bad character—the prisoner seemed as if he was stunned—the prosecutrix still had hold of him tight round the neck; he struck her on the arm, and they fell down together, and she struck her head violently in the road, and cut her head on the stones, which caused the blood to gush from the back of her head—they were on the pavement, and she fell with her head in the road—the prisoner then attempted to run away, but a young man knocked him down, and he lay there about five minutes before the policeman came—I told the policeman what I had seen—I did not state it before the magistrate—I went there and told the clerk, but my evidence was not heard—I do not know the prisoner at all—I know the prosecutrix quite well; she lives next door but one to me, in a house of ill fame, and her goings on are most disgraceful—I have had no quarrel with her.
JOSEPH HARPER . I live at No. 19, Plummer Street. At about a quarter to 11 o'clock on'this night I was looking through the window, and saw the witness Osborne run out of the house, crying "Murder!" and "Help!"—Iran down stairs, and went into the road, and saw Mr. Wallis take the tongs from the prisoner—I saw the prosecutrix, but did not notice whether she was bleeding at that time—she flew at the prisoner, caught him by the throat, and they struggled across the road, and fell against the door post of the house I live in—they got up again, and blood gushed from her head—I think I must have seen it if there had been any blood before that—she flew at the prisoner again, and held him by his neckcloth, and swore she would not let him go, not in this life—while they were struggling, a young woman stepped into the road, and struck him twice over the head with something which appeared like a life preserver—he said, "Let me go;" she would not, and soon after she fell in the road, and struck the back of her head—all the people hallooed out, "The woman is dead"—I went and lifted her up, and found a wound at the back of her head—I kept my hand to it while she was carried into the house, and till some one came and put a lot of sugar to it to stop the bleeding.
WALTER CHIPPENDALE re-examined. I should consider that the wound at the back of the head could not have been caused by a fall; I think it must have been inflicted with some weapon—it was a sharp cut, clean, incised wound, not jagged—the wound in front was as if produced by a fall on the stones—it is possible that the wound behind might be caused by a fall on some stones in the road, but I do not think it probable.
PERCIVAL BOWLES re-examined. It was on the Monday night he told me so, when I went and told him he would be wanted, and he said he should not come unless he was forced—it might have been the brother that I saw on the Saturday night—he was before the magistrate, but was not examined—when I found the prosecutrix she was lying in the back parlour insensible—I think she had been drinking a little, but she was in no way intoxicated—the prisoner was very drunk.
(The prisoner received a good character from his master.)
NOT GUILTY .
ROBERT TATTERSALL . I am a watch maker and jeweller, of No. 92, Edgeware Road. On 17th Dec, about 12 o'clock at night, my house was quite safe, and my shutters also—I heard a noise between 2 and 3 o'clock, and immediately came down, opened the door, and saw two of the shop shutters lying outside—the plate glass window was smashed, and two silver watches were lying on the pavement—a person brought me two more silver watches—Icalled for the police, and then missed seven watches, six of which I have recovered—they were only common watches—the six were worth 8l. or 9l.
Cross-examined by MR. PHILLIPS. Q. How large was the opening made? A. About two feet and a half square, large enough to admit a man's body—thepane of glass was about five feet by two.
Mr. Tattersall's. I had been up rather late with my master, and was going to bed—I was half undressed, and heard a shutter fall—I looked over the window curtain, and saw a second shutter fall, and then heard a great noise of glass, and saw a man's head and shoulders going through, grabbing at the watches—I hallooed out, "Police!" as hard as I could, and he got out of the window and was caught by a policeman—the prisoner is the man, I will swear to him—I saw the policeman pursue him.
Cross-examined by MR. THOMPSON. Q. How far is your place from the prosecutor's? A. Across the road, about thirty yards—it was about half past 2 o'clock—the prisoner had got away when Mr. Tattensall came down; he was only there a minute or two—I never lost sight of him till he was in the policeman's hands—I then went down stairs—he was taken in Burn Street, that is a turning—he knocked the policeman down, when he fell into his arms in the Edgware Road—when I saw him again I knew him—I had never seen him before, but a good light shone on him—I swear to him by his style—he looked up in my face, and I saw that he had got full whiskers—I did not go down to the door because I should have lost sight of him.
WILLIAM BOWDEN (Policeman, D 221). About half past 2 o'clock on the morning of the 18th I heard a great crash in the Edgware Road, and the falling of a shutter on the pavement—I saw the prisoner run from Mr. Tattersall's window, and heard somebody call "Stop thief!"—I pursued him—hewas not above a yard from the window when I saw him—I did not lose sight of him at all—after running some time, another constable, who was on duty on the other side of the street, ran across and clasped him round the waist, and they both fell together—they got on their feet and both ran; I kept the prisoner in sight, and he was stopped by Sergeant Edwards—I only lost sight of him for an instant, when he turned the corner of Chapel Street and ran into the sergeant's arms.
Cross-examined. Q. Was that in the road or on Cambridge Terrace? A. On Cambridge Terrace—I was posted at a gentleman's house exactly fifty paces from where I saw him start from—I had been there about a quarter of an hour, and was with another policeman at the time I heard the crash—I had seen no other person pass down Cambridge Terrace, but it was impossible for me to see into the Edgware Road—I was present when the prisoner was apprehended—I went into the cellar of No. 2, Burn Street, to search it, as Sergeant Edwards said to the prisoner, "You have thrown something down that cellar"—there was a moon, but it shone by fits and starts; it was a cloudy night.
MR. DOYLE. Q. Do you produce two watches? A. Yes; I found them in the cellar pointed out by the sergeant.
THOMAS CHADD (Policeman, D 323). On 18th Dec., about half past 2 o'clock in the morning, I heard a dreadful crash in the Edgware Road, as I was at the corner of Praed Street—there was a cry of "Stop thief!" and I saw the prisoner running; he ran against me, and we both fell together and got up together; he got away from me, I followed him seven or eight yards, sprang my rattle, and Sergeant Edwards stopped him—I had kept him in sight till then—I saw him throw something down a cellar, which was afterwards searched.
Cross-examined. Q. Have you ever said before that you saw him throw something down a cellar? A. Yes; I said that I did not know what it was, but that it was in Burn Street—I saw no one else in the Edgware Road—the scuffle lasted about two minutes; I had not time to look at his hands.
I heard a cry of "Stop thief!" and saw the prisoner running—I stopped him in Burn Street; he threw something out of his right hand through a cellar flap, within a yard of where I stopped him; in fact, we were on one part of the cellar flap—I told Bowden to examine the cellar, and took the prisoner to the station—I found this brass rod (produced) and some price tickets lying a few yards from the shop.
Cross-examined. Q. Did you find anything in Burn Street? A. No; a crowd of prostitutes came up, and I told Bowden to keep them back, and take the light and examine; Burn Street is a den of prostitutes—the cellar flap comes out about a foot, there is an opening of six inches, and there was a watch lying there—I remained there until there were sufficient men to keep the prostitutes back—one of the policemen said, "I see watches."
GUILTY .—He was further charged with having been before convicted.
EBENEZER BOWERS (Policeman, D 143). I produce a certificate—(Read: "Middlesex Sessions, Sept., 1853; Benjamin Brock, Convicted of stealing a watch and money from the person, having then been before convicted; Sentenced to four years penal servitude")—I was present, and had him in custody—the prisoner is the person.
GUILTY. **— Six Years Penal Servitude.
PLEADED GUILTY .
179. EDWIN POWELL (30) was again indicted, with JOSEPH CLARKSON (42), and THOMAS GRIFFITH (44) , for unlawfully receiving 2 pieces of damask, knowing the same to have been obtained by false pretences from James Shoolbred and others: to which
POWELL PLEADED GUILTY .
MESSRS. BODKIN and ORRIDGE conducted the Prosecution.
JAMES SHOOLBRED . I am a partner in the firm of Shoolbred and Co., of Tottenham Court Road; Major Martin, of Upton-upon-Severn, Worcestershire, is a customer of ours. On 24th Nov. last I received this letter, purporting to come from him (Read: "King Street, St. James's, 24th Nov., 1857. Major Martin bought of Messrs. Shoolbred some damask a short time ago, the colour green, with a lace pattern; as it is all used he cannot send a pattern, but will thank Messrs. Shoolbred to select the nearest. Major Martin paid 4s. 9d. or 5s. per yard for the last piece.")—in compliance with that order I caused to be sent two pieces of damask, directed to Major Martin—I afterwards saw those two pieces at Mr. Lawley's, the pawnbroker's, in South Street, Manchester Square, on 30th Nov.—I also saw the prisoner Clarkson there—he came into the room, and Mr. Jones, the pawnbroker's assistant, said that he had pawned the goods—he said no, he had not pawned them for himself, but for a friend of his named Powell—I sent the invoice of the goods by post to Major Martin.
MAJOR JOSEPH JOHN MARTIN . This letter is not my writing, or written by my authority—I know nothing at all about it—I reside at Ham Court, Upton-on-Severn; I have also a residence in King Street, St. James's—I received this invoice by post—I know nothing of the circumstance—I had bought some damask at Shoolbreds', two or three months before.
THOMAS KENT . I am in the employ of Messrs. Shoolbred. On 24th Nov. I looked out these two pieces of damask—I afterwards saw them at Mr. Lawley's; they had then been taken off the boards on which they had been rolled.
CHARLES HENRY BIGGS . I am a packer, in the employ of Messrs. Shoolbred. On 24th Nov. I received the two pieces of damask to be packed up—theywere packed up in brown paper, and directed to "Major Martin, Upton-on-Severn, Worcestershire, to be sent to the cloak room at the Euston station, by 5 o'clock"—this (produced) is a portion of the paper in which they were wrapped—I find here the words, "by 5 o'clock"—the other part was written on another sheet—I saw this paper at Mr. Lawler's.
PHILIP HINTON . I am a porter, in the employ of Messrs. Shoolbred. On 24th Nov. I took a parcel to the cloak room at the Euston Square station, addressed to Major Martin, Upton-on-Severn, Worcestershire—I left it there, between 4 and 5 o'clock, in charge of the man there.
CHARLES HUMPHREYS . I am a porter at the Euston Square station. On 29th Nov. I delivered a parcel, addressed to Major Martin, to a person who came to the cloak room, between 6 and 7 o'clock in the evening—to the best of my knowledge, Griffith is the man I gave it to.
Cross-examined by MR. SLEIGH. Q. Have you any one to assist you in your duties? A. Yes, one man; he was not present—a great many persons come for parcels—it was about three days after that I saw Griffith again; that was at Bow Street—I do not know that I ever saw him before, I am not certain—I thought I knew him directly I saw his face—I told Inspector Ckeckley and Mr. Shoolbred that I believed he was the man I gave the parcel to—Mr. Checkley came and asked me about it—I do not know that he said he had got the man; he said they had got some men in custody, and wanted me to come and look at them—I do not think that Checkley pointed him out to me before I said he was the man; I could not swear he did not—hewas standing in the dock with two others—no one called my attention to him in particular; I recognised him the moment I saw him.
WILLIAM JONES . I am assistant to Mr. Lawky, a pawnbroker in South Street, Manchester Square. On 25th Nov. this damask was brought to our place by Clarkson and Powell—6l. was asked on it—I sent for an opinion, and offered them 5l. 10s.—they took it—Clarkson look the money—it was pawned in the name of Thomas Charles Wardy—when they were going away I spoke to Mr. Powell about something that was out of time, and he said to Clarkson, "Joe, lend me a sovereign," and he brought the parcel out—thatwas some collars and lace, or something of that kind—on Monday the 30th, Clarkson came to the shop again—Mr. Shoolbred and Inspector Checkley were there at the time, in consequence of our having given information that the damask was pledged with us—Clarkson came to stop the ticket of the damask, having lost the one that had been given him—he was taken into custody.
Cross-examined. Q. Did he not say that he had been employed by Powell to pawn it? A. I did not hear that; there was a conversation, but I did not pay attention to it—he was quite a stranger to me until he came with Powell—I had known Powell for some time—he did not pledge in the name, of Wardy—I always knew him by his right name, his family name—his family always used to pledge—I do not know that I ever took anything of him personally; I only knew the family.
WILLIAM HERRING . I am assistant to Mr. Lawley. On 25th Nov. Clarkson and Powell brought some damask—this is a piece of it—I believe this to be a piece of the paper in which it was wrapped—I made out the ticket and gave it to Clarkson, and the money also—I heard Powell say to Clarkson, "Joe, will you lend me a soverign?" and Clarkton gave him a
sovereign out of the money I had given him—Clarkson called again on the 30th, and said he had lost the ticket and wished to make an affidavit—he was then given into custody.
GEORGE CHAPPELL . I am assistant to Mr. Attenborough, a pawnbroker, Newington Causeway. On 25th Nov., about midday, two men came to our shop and offered two pieces of damask in pledge, I think, for 5l.—I offered them 4l. 10s., which they refused—I believe Clarkson to be one of the men, but I am not positive—I believe this to be the same damask that was brought to me—I stated at Bow Street that it was on boards, but I do not think it was, from what Mr. Jones has told me.
Cross-examined. Q. You knew Clarkson, did you not? A. I had seen him before—I did not know him by name, only by sight.
JAMES RICHARD TAYLOR . I am a commercial traveller, and live at Lime-house—Iam at present selling goods on my own account—I have known the three prisoners five or six months—I have generally seen them at the Bolt-in-Tun tap, Fleet Street—I generally called there, as being about the halfway house in going from Limehouse to Paddington; sometimes, perhaps, every day, and sometimes I might not call there for a week or a fortnight—I know several, persons that call there, not any one in particular—Mr. Collier keeps the house—I have known him from six to nine months, by going in there—on 25th Nov. I saw Clarkson and Griffith there—Clarkson was in the bar, and Griffith was standing at the bar—there is a little room up stairs that holds about six, which they generally went into—they were not in that room when I saw them that morning—Griffith had two bundles wrapped up in paper—Clarksonasked him if it was ready? he said, "Yes; the cab is waiting at the top"—Clarkson said, "You had better have half a pint of porter"—he put the two bundles down while he drank the porter; he then put one under his arm and one on his shoulder, and they went along the passage into Fleet Street together—each of the parcels was about the size of this piece of damask—this was about 11 o'clock in the morning—Griffith returned about 4 o'clock in the afternoon—they generally used to be in front of the bar, in the way of betting: when they have been up stairs they have generally been writing—I cannot tell what they wrote: they generally used to have note paper—I have myself taken three letters to the post office—I think one was wafered and the others sealed.
Cross-examined. Q. Was Clarkson lodging in the house? A. He was, since he came from Reading, which was seven or ten days before this—the room I speak of was not kept exclusively for them, any one could go into it; but it will not hold above six.
MR. BODKIN. Q. Did you ever see anybody in the room when they were there? A. None but their own friends.
RICHARD CHECKLEY (Police Inspector, E). On 30th Nov., I went with Mr. Shoolbred to Mr. Lawley's—I there saw Clarkson in the shop—I went out to him from the room I was in, and said, "Step in here"—the damasks were then lying open on the table; and, pointing to them, I said to Clarkson, "You pledged them?"—he said, "I did"—I said, "I am an Inspector of police, they have been stolen from Shoolbreds', and unless you account for the possession of them, I shall take you into custody"—he hesitated a few moments, and then said, "A man named Powell, who I met in the street, gave them to me to pledge"—not being satisfied with that answer, I took him into custody—on the way to the station, he said, "If you go to Mr. Collier, the landlord of the Bolt-in-Tun tap, Fleet Street, he will tell you
that a man named Griffiths gave them to me to pledge in front of the bar, at 12 o'clock at night on 8th Dec."—I afterwards apprehended Griffiths in Chiswell Street, on 12th Dec.—I said to him, "Griffiths, I wank you for stealing damasks from Shoolbreds'; you took them from the Bolt-in-Tun tap"—heanswered, "I took them, but for Clarkson"—I said, "Clarkeon!"—hesaid, "Yes, Powell was not present"—I had not mentioned Powell's name—I have seen the three prisoners together—when first Clarkson was taken into custody, Mr. Shoolbred said, "I think we will take him down to Mr. Chamberlain's office;" and I think Clarkson remarked, "Oh, I kmew Mr. Chamberlain"—we went there, and I heard Mr. Chamberlain say to him, "I do not know you"—but I did not take much notice of what passed.
JAMES SHOOLBRED re-examined. Mr. Chamberlain is my solicitor—we took Clarkson there—Mr. Chamberlain was not then presentent—Clarkson said, "Oh, Mr. Chamberlain knows me well; I was a witness in Mrs. Salmon's case—he knows I am a respectable man"—Mr. Chamberlain soon after came in, and did not appear to recognise him at all—he said, "You must remember me, Mr. Chamberlain, I was a witness in Mrs. Salmon's case"—he said, "If you were a witness in that case, they were all a very bad lot."
Griffiths's statement before the Magistrate was read, as follows: "On the day mentioned I was employed by Mr. Powell here, to take these goods with Mr. Clarkson, which I did; and when we got into the Blackfriars Road we took a cab, Powell, Clarkson, and myself; I rode outside and they inside; we went to a pawnbroker's in the Newington Causeway; I took the goods in, and Clarkson asked 5l. for them; he bid 4l., and Clarksen said, "That won't do," and he told Powell; and Powell said, "That won't do;" Powell was outside; we then took the cab, I riding outside, and they went, as they said, to Mr. Marden's in the Minories; I stayed in the cab for them, in the Minories, till they came back, and they went in the cab again, I being outside; and at Barbican I left them, and did not see them any more, and do not know where they went to."
MR. SLEIGH called
EDWIN POWELL (the prisoner). The way in which the two other prisoners acted with me was as follows: Clarkson was employed as an agent; he was asked if he could dispose of the goods; he said that he could, and took them away, not knowing how they were come by; he proceeded to the Dover Road, where he could not get sufficient, and a message was sent to me to that effect, and, through the messenger, I sent him a message not to dispose of them; I then accompanied him to the Minories; I do not know the name of the person we saw there, but the Inspector knows; he refused to purchase them, saying that they were of no use; it was by me and another person that he was instructed to dispose of them; I was present when he received his instructions, and joined therein; I became acquainted with Clarkson just before 24th Nov.; he was living at the Bolt-in-Tun, Fleet Street; neither he or I had any private room in that establishment for our exclusive use; I know nothing of Griffiths, except his being a customer at the house, and saying "Good morning," and so on, and he was occasionally employed to carry their parcels; I know that they were both paid, and I am positive that Griffiths received 3s. for his day's work in carrying the parcels about; I went with Clarkson to pawn the damask at Mr. Lawless; the money was given to him, and the goods pledged by him; there was no reason why I did not pledge them, but virtually they were in his possession; he took them away in the morning, and that was the reason of his pledging them; I believe the whole of the money was handed to me shortly after we left Lawley's;
neither Clarkson nor Griffiths had anything to do in conjunction with me in obtaining these goods from Messrs. Shoolbreds.
CLARKSON and GRIFFITHS— GUILTY .— Confined Twelve Months each.
POWELL— Four Years Penal Servitude.
JOHN INGOLDSBY . I am an upholsterer, of 4, Bishopsgate Street Without—Ihave a partner. On 24th Dec, near 4 o'clock, I saw this clock (produced) safe in my warehouse—I missed it before 5 o'clock—it belongs to me and my partner.
GEORGE BARING . I am assistant to Mr. Arnold, a pawnbroker, of No. 188, High Street—this clock was pledged on 26th Dec, by Edward Payne, or Pimm—I know the man by the name of John Payne—he has pledges in that name.
EDWARD PIMM . I live at No. 51, Church Street, and am in the employment of my father, a marine store dealer—I pledged this clock with the last witness—I received it from the prisoner on Christmas eve—he brought it to me about 6 o'clock, and asked me 55s. for it—I gave him 2l.—I let him have 22s. 6d. of it, leaving 17s. 6d. which he was to call for on the following day, and a detective officer came in search of him—I did not know the prisoner—he came the next day, and I paid him half a crown—he said that he bought the clock.
Prisoner. I was not given into custody till last Wednesday night, five days afterwards. Witness. I think it was the 26th—I was taken into custody first, till I could identify the man I bought it of.
GEORGE WATKINS (Policeman). I took Pimm in custody, and in consequence of what he said I went to No. 51, Church Street, Shoreditch, and after waiting there an hour saw the prisoner pass the door—I asked him if his name was Galloway; he said, "Yes"—I told him I should take him in custody for stealing a clock—he said that he knew nothing about a clock, that it was a time piece I meant, and that he had bought it of a Jew in the lane for 35s.—while I was searching him, I saw him pull his hand out of his pocket and put it in the leg of his trousers; I shook his trousers, and this key (produced) fell out—it fits the clock.
Prisoner's Defence. I told him that I had sold the clock, and therefore it was of no use my secreting the key; I said that I would keep the key till Pimm paid me the balance; I bought the clock, in Petticoat Lane, of a man named Cohen, for 35s.—I saw Pimm standing at his door and asked him to purchase it; he did so, and then he could only pay me 1l., and told me to call next morning; I called several times for the balance, and on Tuesday night when I called I was given into custody.
Alfred Reed, policeman, stated that the prisoner had been in his custody and was sentenced to six weeks for unlawful possession of goods, having previously had three months for stealing silk; the prisoner denied being the person, and on the following day called Thomas Turner, of Church Street, Shoreditch, and Peter Jones, who gave him a good character.
GUILTY.— Confined Six Months.
NEW COURT.—Tuesday, January 5th, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. PHILLIPS; and
MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Six Months.
MESSRS. ELLIS, JUN., and T. ATKINSON conducted the Prosecution.
WILLIAM ALLEN (City policeman, 263). I produce a certified copy of a conviction—(Read: "At this Court, Jan., 1856, John Williams was convicted of unlawfully uttering counterfeit coin; Confined six months")—I was present, and took the prisoner into custody—he is the man.
GEORGE HUTCHINGS . I keep a public house. On 2d Dec., I was in my bar, about 8 o'clock in the morning; the prisoner came in for a glass of old ale—he tendered me a 5s. piece; I gave him 4s. 10d. change, and he left—Ithen examined the crown, and put it in a drawer, and forgot all about it till night—I locked the drawer, and kept the key—I opened the drawer at various times in the day, but I never notioed the crown piece—I looked at the crown when the prisoner came again with another man, about 5 o'clock in the evening, and tendered a bad half crown—I examined the half crown, and found it was bad—either one or the other of them then put down a good half crown—when the prisoner tendered the bad half crown, I said, "Wait a bit, I have something to correspond with this"—I fetched the crown, and it was something similar—it was a bad one as well—the prisoner said, "I did not know it was bad"—before I showed the crown, I had taken up the good half crown, but had not given him the change—as soon as I said, "This is not good," the prisoner's companion said, "I am off, I have nothing to do with this," or, "This is nothing to me," and he went away immediately—hewas off before I was round the counter—I gave the prisoner into custody—I gave the bad crown, and the half crown to the officer—I am certain I had no other crown in that drawer.
Prisoner. You brought out a bag of silver, and put it on the bar before me, and you took the crown out of the other silver. Witness. No, I did not; I showed you the crown, and I took the bag to show you that I had no other crown—the crown had never been in the bag—I do not recollect that I showed the half crown to a gentleman, to look if it was good—there was a person standing by me—I did show it to some one; I believe I showed him the crown, but I did not take it out of the bag—I took the bag of silver out of another compartment, and I took the bag back, and put it in another compartment—Isaid on the first and on the second examination, that the crown piece was put in the drawer.
JANE HUTCHINGS . I am the wife of the last witness—I have a key of the drawer, in which my husband keeps his money—I was not there at the time this counterfeit money was put into the drawer—I did not touch the money at all—I had not teen to the drawer the whole day.
EDWARD SHARNELL (Police Sergeant, C 5). I took the prisoner into custody, and received this bad 5s. piece and half crown—on the way to the station, the prisoner said it was through drink that he passed the money.
Prisoners Defence. I went into this man's house about half past 7 o'clock; I gave him a 5s. piece of Queen Victoria; I went in the evening and gave him a half crown; he said it was bad; he brought out a bag, and took a crown out of the bag; he had a friend standing there, who said, "Allow me to look at it;" and he said the half crown was bad; he then said, "You gave me a 5s. piece this morning, I must see if that is bad," and then he brought out the bag, and took out a 5s. piece; I said, "That is not the one I gave you;" I am sure the one I gave was a good one; he went, and I went with him, to a cigar shop, he said he wanted a constable; he went back to his shop again, and I stopped three or four minutes while he went to put his coat and hat on.
GEORGE HUTCHINGS re-examined. I did not go with him to a cigar shop—Itold them to detain him while I went out—he was not left while I went to get my coat and hat—I left persons to mind him—he had been in my house frequently before—I tried the half crown in the detector—I did not try the 5s. piece.
GUILTY .— Six Years Penal Servitude.
ROBERT DURRANT PLEADED GUILTY .— Confined Nine Months.
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
GEORGIANA PARTINGTON . I mind the business of my brother-in-law, Mr. Williams, a stationer and tobacconist, in Acton Place, Bagnigge Wells Road. On Tuesday, 22d Dec, Robert Durrant came in about 4 o'clock, or a little after; he asked for half an ounce of tobacco, I served him, and he gave me a counterfeit shilling—I took up the shilling, bent it with my teeth, and threw it down, and he gave me another in exchange which was good—this is the counterfeit shilling.
JANE PAYNE . My father keeps a beer shop in Gray's Inn Road, and I serve there. Robert Durrant came to our house on 22d Dec., between 4 and 5 o'clock in the afternoon, for a glass of ale—he gave me a shilling—I gave it to my father, and asked for change—a man came in and spoke to my father, and I put the shilling into the till where I had no other shillings; I put it amongst the coppers—I saw my father take it from there.
EDWARD PAYNE . I am father of the last witness. On 22d Dec. I was at the bar, in the afternoon—I saw my daughter serve Robert Durrant, and he threw down a shilling—I went to look for it, and it was thrown in among the coppers—my daughter was standing by me at the time—I took out the only shilling that was amongst the coppers—I gave it to Little, and Robert Durrant was detained.
PATRICK LITTLE . I am a labourer. On the Tuesday before Christmas day I was in company with Holmes, the policeman—I saw the prisoners go along Bagnigge Wells Road together—they went on to the corner of Calthorpe Street—they separated, and Robert Durrant went across the road towards Mr. Payne's beer shop—he went in, and the constable told me to follow him—Ifollowed him in; he asked for a glass of ale, and put down a shilling—thelittle girl took it up—I asked her to let me look at it—she said she would give it to her father, and she put it amongst the coppers—her father came to take it out—the prisoner turned round and said, "It was an old shilling I
gave you"—I said it was a bad shilling, and I took it up and put it into in my mouth, and gave it to the constable—I detained Robert Durrani till the constable came—we went towards the station, and in Calthorpe Street Robert Durrant became very violent, and my clothes were all torn to pieces almost.
WALTER HOLMES (Policeman, F 50). I was in Bagnigge Wells Road in plain clothes, on 22d Dec.—I saw the two prisoners, and I called the attention of the last witness to them—I first saw Mary Ann Dnrrant smile, and beckon with her hand as a sign to Robert Durrant to keep back—Robert Durrant was standing at the corner of Swinton Street; Mary Ann Durrant went and joined him there, and I saw Robert Durrant take from his pocket a porte-monnaie, and take something out and pass it to Mary Ann Durrant—she went to the corner of Acton Street, and Robert Durrant went into Mr. Williams' shop—I saw him come out of the shop, and the prisoners joined each other, and walked up Acton Street into Gray's Inn Road—I followed them from the tobacconist's to Mr. Payne's—Robert went into Mr. Payne's, and Mary Ann sat down on a step—I directed Little to go in and see what money Robert passed, while I kept sight of Mary Ann—I had told Little to make a sign to me if the money was bad—he made the sign, and I took Mary Ann into custody—I told her I should take her for passing bad money; she said she knew nothing about it—I saw her putting her hand under her shawl, I said, "What is it?"—I lifted up her shawl, and a paper dropped, which I took, and it contained this bad shilling which was passed at Mr. Williams' shop, the one that Partington had bent—she had a pocket handkerchief which I took from her hand, and there was something in one eornor—I said, "What is this?" she said, "Four sixpences, sir"—I took the other corner and found this bad shilling tied in it—I then saw that Robert Durrant was beginning to be very violent with Little—I went and said, "l am a policeman;" he then said he would go with me, but soon afterwards he seized me by the throat, and began kicking me, and treated me very violently indeed—whenat the station, MARY ANN DURRANT gave me 11 1/2 d. out of her pocket—Robert Durrant said he did not know the woman, and when she was brought in we asked her if she knew the man; she said, yes, he was her husband—shewould have given her address, but he told her not to do it.
Mary Ann Durrant's Defence. They were given to me by my husband.
MARY ANN DURRANT— NOT GUILTY .
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
SARAH WICKHAM . I am the wife of David Wickham, a batcher; we live in High Street, Bow. On 11th Dec. the prisoner came for half a pound of beef steak—it came to 4d.; he offered me a 2s. piece; I gave him 1s. 8d. change, and he went away—my husband said the 2s. piece was a very bad one, and I wrapped it in a bit of paper and put it in my pocket—it was kept by itself—I saw the prisoner again on 17th Dec.—I am quite certain he is the man, I had seen him before—he came for half a pound of steak, I served him, and he offered me a 2s. piece; I took it in the parlour, and my husband said that it was bad—I had not given the prisoner the change; I said it was a bad one, and I said, in the prisoner's hearing, "This is the man that gave me the other bad one"—the prisoner said he had no more, and he dropped a good sixpence out of a purse—the constable was sent for, and the prisoner was given into custody—I bent the last 2s. piece in the machine and gave it to the constable, and I gave him the first one.
COURT. Q. Were you going to give the prisoner change for the second florin? A. Yes; but my husband said it was bad—I knew the prisoner as the man who had passed the first bad florin, before my husband had called my attention to the second florin—before I cut him the steak I was confident that he was the man—I did not say anything to him before I cut the steak—I was first sure he was the man, before I cut the steak—I did not tell him so—I have been a great sufferer lately from bad money—I do not know that I had seen the prisoner between 10th and 17th Dec.—I knew him by going by.
Prisoner's Defence. I did not know whether it was bad or good, and Mrs. Wickham said if I would give her 2s. she would not give me in charge; I told her I had no more but a sixpence.
The Jury not being able to agree, they were discharged without giving a verdict. The prisoner was subsequently charged before another Jury with the same offence, on which no evidence being offered, he was found
NOT GUILTY .
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
JOHN RICHARD SEWELL . I am the brother of Henry Sewell, a pork butcher, in Seymour Street. On Friday afternoon, 11th Dec, I was in my brother's shop; Smithers came in and asked my sister for a pound of pork chops, which she weighed, and Smithers gave her a half crown—my sister said, "I don't think it is good"—Smithers said, "Is not it? the way to try it is with your teeth"—my sister tried it with her teeth, and she said, "It is not good"—she handed it to me, and I looked at it and said, "No, it is a bad one"—I had a large knife, and I chopped the half crown twice and made two marks on it—I gave it to Smithers, and she said, "Put the pork chops by, I will call for them"—she then went out, and my sister told me to follow her—Idid so; she joined Powell, and they walked down Charles Street—they were speaking—they stopped in Clarendon Square—I saw Smithers go into Mrs. Blower's shop—Powell was outside, walking up and down—Smithers came out and went to Powell—I went into the shop, and received this half crown from Mrs. Blower—she marked it and gave it to me—I came out and saw the two prisoners in company—they went away together towards Weir's Passage—I saw a constable, and he and I went into Weir's Passage together—Ipointed both the prisoners out to him—he took Powell and I took Smithers—I gave him the half crown which I had received from Mrs. Blower—onthe way to the station, at the corner of Park Street—Powell had his hand behind him, and he had a bag, which he dropped—I picked it up and gave it to the constable—it was opened at the station, and I identified the half crown which I had chopped with the knife in the bag.
Powell. Q. Was it dark when Smithers came to your shop? A. It was dusk—it was half past 4 o'clock—the gas was not lighted in the shops, but it was in the street—you walked down Charles Street, and down to the Square—Isaw something pass between you in Clarendon Square—I saw Smithers go into a shop, and you waited on the opposite side of the road—it was before you came to Weir's Passage that the female went into Mrs. Blower's shop—you
stopped before you got to Weir's Passage—what you dropped from under your coat was not a black pudding—I picked it up as soon as you dropped it—itwas a bag—I gave it to the policeman as soon as I picked it up—I gave it him in the street, not at the station—I saw the constable open it at the police station—it contained a quantity of bad money—I did not know the money was bad when it was opened—I tried the money with my teeth—there was 4l. 17s. 6d.—I did not try the whole of it—the constable did not say to me that the female should find the half crown, I picked it out myself and showed it to the sergeant—the policeman did not make any remark to me at the station—the bag dropped in Pratt Street, about two yards from Clarendon Street.
MR. T. ATKINSON. Q. How long was it before yoa followed Smithers out of your shop? A. About three minutes—she had not reached Powell when I came out of the shop door—she was going over to him—there was a gas light about 100 yards from my brother's shop—there was sufficient light for me to see the prisoners from where I stood—I followed them, and there were gas lights where they passed—I passed them while they were in conversation—I never lost sight of them.
ELIZABETH MATILDA BLOWER . I am the wife of Henry Charles Blower, a confectioner, of Charlton Street. On 11th Dec. Smithers came; she asked for half an ounce of lozenges, they came to 1 1/2 d.—I served her—she offered me half a crown—I told her I thought it was bad—she said, "No, it is not"—Igave her change, and she went away—after that Sewell came in and said something to me—I had the half crown in my hand—I marked it and gave it to him—this is it.
Powell. Q. What time did Smithers come in? A. About half past 4 o'clock—when she left I stood in my shop, and Sewell came in immediately afterwards—he asked if it was a good half crown—I told him it was bad—nothingoccurred before that; there was not time—after Sewell left the shop I went up to the station—I did not go to my next door neighbour, Mr. Bishop, and ask if it was a good half crown—I positively swear I did nothing to the half crown—it was not out of my hand till I gave it to Sewell.
CHARLES SMART (Policeman, S 404). I was on duty in Chapel Street, about half past three o'clock on 11th Dec.—I saw the two prisoners together walking on the pavement in the direction of Seymour Street—about an hour after that I saw Mr. Sewell; I went with him to Weir's Passage, and at the bottom of it I took Powell into custody—Mr. Sewell gave me this half crown, and brought Smithers to me—he said she had been in his brother in law's shop, in Seymour Street, and had offered a half crown, and also at Mrs. Blower's, in Charlton Street—Powell said, what did I take him for—I said, "For being in company with this woman passing bad money"—he said, "I don't know the woman"—she made no observation—as I was taking Powell along he put his hand in his trousers pocket, looked me in the face, and dropped a bag on the stones—Mr. Sewell picked it up, and gave it to me—it contained this money, which was so carefully done up that I could not replace it in the same way—there was tissue paper between each of them—I found in it twenty florins, eleven half crowns, fifteen shillings, and three 5s. pieces—amongstthem was this half crown, that Mr. Sewell identified—it has been chopped by a large knife—2s. 4 1/2 d. was found on Smithers, which Mrs. Blower had given her in change for the half crown—on Powell was found 3s. 2 1/4 d., some snuff, a porte monnaie some Queen heads, a crochet collar, and some envelopes.
Powell. Q. What were you before you were a policeman? A. A soldier—I
was never in any trouble in my life—there were twelve screws in your pocket—I will swear there were not fifteen—I am not bearing false witness—Smithersmade no observation at the time she was taken—she was eating Mrs. Blower's lozenges—I would not say but the female might have said, that she knew nothing of the male prisoner; I rather think now that she did—at the Corner of Pratt Street and Clarendon Street, a railing projects a little, you pitched this bag on the slab—I suppose you thought it would have gone in the garden on the mould—on the way to the station you put your hand in your trousers pocket and to the back of your coat, and threw the black bag against the rails; and several times before I got there, I told you to keep your hand out of your pocket—after the charge I searched you, and the female searcher was sent for to search Smithers—I saw there was one piece that some one must have detected, as it was bent—this is it—the sergeant did not tell me to hold my noise, and say it was merely a matter of supposition—his name is Court, No. 5—he did say, "You suppose so"—I first saw Mr. Sewell within about ten yards of Mrs. Blower's house—he came running up to me, and said, "I want you"—I said, "What for?"—he said, "Here are two persons passing bad money"—he pointed you out to me; you were walking both together—in Weir's Passage there is not room for two persons to go together, and Smithers was on ahead—by the time I came to the court, you had got to the bottom—I caught you at the corner—I ran down the court, and Mr. Sewell came after me—Smithers went to the left—you just stopped when I got to you—I did not see you on the opposite side, you were on the same side as Mrs. Blower's shop is—I ran down the court—I saw you at the bottom, just before you turned the corner—you were walking—I saw you in the court—the court was dark—there is a lamp at the bottom—when I got to the bottom, I clapped my hand on you, and said, "I want you"—you said, "What for?"—I said, "For being concerned in passing bad money"—I swear positively you were not standing at the bottom of the passage, you were walking.
WILLIAM WEBSTER . This half crown that has been chopped, is a counterfeit of George IV., 1819—all the coins in this bag are counterfeit—the three crowns are of George III., and are from one moulds—three of these half crowns are from the same mould—the one that was uttered is George IV., 1839—of these twenty florins, thirteen are from one mould, and seven from another—five of these shillings are from one mould, two from another, and six from another, and two separate ones—they were all done up in the usual way with bad coin, to keep them from rubbing.
Powell's Defence. I think that as you have taken an oath to administer justice according to the evidence, you will require that that evidence be true; and after the answers which the witnesses have given to the questions I have asked, as Christians, you will say they are not worthy of belief; a witness should speak the truth, and nothing but the truth; if he says one thing one moment, and another another, no person who represents himself a Christian will believe him; I cannot quote from any book, but if I had a Bible, I would read an extract from it (A Bible was brought, and the prisoner read the 21st chapter of the Book of Kings, from the 7th to the 16th verse). Thus these policemen care not by what means they gain their ends; I could give instances where parties have been convicted on false evidence.
Witness for the Defence.
SARAH CURRY . I am the wife of William Curry, a carpenter, of No. 1, Church Way, St. Pancras. On Friday evening, 11th Dec., I saw Powell standing opposite our shop, against Mr. White's shutters—the policeman
came down the court, and the female prisoner came down with the baby in her arms—I saw the policeman take Powell as he was standing against Mr. White's shutters—he was standing there five or ten minutes before the female was brought up—she came down the court, and the young man with her, not the policeman—the policeman was with Powell—I had seen him several times in my shop—I sell screws and old keys.
MR. ELLIS. Q. When did you first tell the prisoner this story? A. I have not seen the prisoner till I saw him now—I have not mentioned to any one that the female came down after the policeman—I received a paper yesterday to come here—this is it.
Powell. Mr. Bishop would have proved that I bought some screws of him to mend a table, which was broken at my place, and he promised that the sergeant would be here if he had anything against me.
(Powell received a good character.)
SMITHERS— GUILTY .— Confined Six Months.
POWELL— GUILTY .— Confined Two Years.
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
ELIZABETH WOODFIELD . I am the wife of William Woodfield, a brush maker, at Upper Street, Islington. On 25th Nov., about 4 o'clock in the afternoon, the prisoner came to the shop for a stocking brush—it came to 6d.—shegave me a half crown—I thought it was bad—I put it in the trier, it broke, and I said it was a bad one—she asked me to give it her back, and I would not—I gave her into custody.
SAMUEL CUNNINGHAM (Policeman, N 371). On 25th Nov., I took the prisoner—I received this counterfeit half crown from Mrs. Woodfield—I took the prisoner to Clerkenwell Police Court—she was remanded for a week and discharged—she gave the name of Jane Jones.
MARY WILLIAMS . I am the wife of John Williams, who keeps the Bell in Pitfield Street. On 2d Dec., the prisoner came and called for a glass of gin—Iserved her—she gave me a counterfeit half crown—I tried it with my teeth, and said, "This is a bad one"—my husband came in; I handed it over to him, and said, "Is this bad?"—he looked at the prisoner, and said, "You are the very party who gave me a bad half crown before, I believe"—shesaid, "I was never in your house before"—she was then given into custody.
JOHN WILLIAMS . I keep the Bell public house. On 2d Dec., my wife gave me a half crown—I looked at it, and it was bad—I turned and saw the prisoner—I said to her, "You are the woman that gave me a bad one last Friday"—she said, no, she had never been in the house before—I said, "You must wait while I send for a constable"—she said if I would go to the corner she would tell me where she got it—I said I would; but when the constable came, she said it was no matter where she got it—I gave it to the constable.
WILLIAM MAYNARD (Policeman, E 103). On Wednesday, 2d Dec., I was called into Mr. Williams's, and found the prisoner—I took her into custody—I had a counterfeit half crown given to me by Mr. Williams—I have another half crown which Mr. Williams fetched—he said this was the same woman who passed it on the Friday previous—the prisoner said nothing in my presence—at the station 2s. 4d. in good money was found on her.
Prisoner. I did not know the money was bad; I never was in the house before.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
WILLIAM MARRIOTT . I live at North End, Fulham, and keep the Anchor and Hope beer shop. On 30th Nov., between 2 and 3 o'clock, the prisoner came, and asked for a pint of ale—it came to 3d.—he gave me a shilling; I did not like the look of it, I put it in the detector, and bent it very easily—Isaid, "Where did you get this? have you got another?"—he said, "Is it not a good one?"—I said, "No"—he gave me another shilling, which was good—I still retained possession of the bad one; he wanted me to return it, but I said, "No, when I take bad money I never give it back again"—I put it into a little cupboard in my bed room, and kept it there till I gave it to the officer.
JOHN WHEATLEY . I am a labourer, and live at Parson's Green. On 4th Dec. I was in the George public house, between 7 and 8 o'clock in the evening—I saw the prisoner there—something was said to me—I saw the prisoner about a quarter of an hour afterwards, with a female, in Parson's Green Lane, where the Rose and Crown beer shop is—I went to that house—Iheard the prisoner say to the female, God strike him b—blind, he had had bad luck to-night, two pieces had been cracked up on him, and he said, "To make our cards better, you must give me some halfpence," and she told him out 11d. in halfpence—he said, "To work this dodge better, you must give me another penny, and you will send me home flying"—they went away—I did not see them any more till the policeman was with them—when I spoke to" him they were gone out of my sight—they went away together.
CHARLES LEWIS . I keep the Rose and Crown, at Parson's Green. On 4th Dec. I saw the last witness, about half past 7 o'clock; he came in, and said something—soon afterwards the prisoner came in, and asked for a pint of half and half—it came to 2d.; he offered me a bad shilling—I noticed it to be bad at once, and bent it with my teeth; I put it on the counter, and he took it up, and put it into his pocket, and said it was paid him in his wages—hegave me a good shilling, and I gave him change—I saw him again about ten minutes afterwards, in custody.
THOMAS CHARMAN (Policeman, A 243). On 4th Dec., the witness Bentley called my attention to the prisoner and a female; they were together at Parson's Green, near the pond—I took the prisoner, and asked him if he had got any bad money; he said, "No, you may search me"—I found on him one counterfeit shilling, a good half crown, and 1s. 1 1/4 d. in copper—I took him back to the Rose and Crown, and asked Mr. Lewis if this man had been passing bad money; he said he had passed a bad shilling to him, he laid it on the counter, and the prisoner took it up—I took the prisoner to the George, something was told me, and I took the prisoner by the throat; he appeared to be swallowing something.
JAMES REED . I am horse keeper at the George. I was there when the constable brought the prisoner in—he kept shuffling his tongue about; and as they kept asking him questions, I saw two shillings in his mouth—I told the landlord, and he told the constable, who seized him by the throat—the prisoner put his hand to his mouth, and put his hand back directly—the landlord asked him if he chewed anything else beside tobacco.
Prisoner's Defence. I was playing at skittles the whole afternoon, and what money I had I cannot tell; I received money and paid money; the
shilling I gave the landlord he told me was bad, I gave him another, and he appeared very well satisfied; I put the shilling into my left hand waistcoat pocket; I was taken by the policeman; he asked if I had anything on me, I said, "No;" he found this shilling on me; I told him I believed it was a shilling which had been returned to me as bad; as to 30th Nov., it is a mistake; I was in employ at the time; I am a hardworking man, with a wife and four small children.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
THOMAS HARRIS (Policeman, H 81). I was present when the prisoner was before the Magistrate—Mr. Page was examined—his deposition was read in the prisoner's presence, and he had the opportunity of examining the witness—thisis the Magistrate's signature—I saw Mr. Page this morning; he is ill in bed, and not able to attend.
(Deposition read: "Edward Arthur Page on his oath saith as follows:—'Iam assistant to Mr. Edwards, a surgeon, at No. 182, Brick Lane, Spitalfields. On Monday evening, 7th Dec. last, at about half past 6 o'clock, the prisoner came into our shop, and asked for one ounce of salts, which came to one penny—I served him, and he put down on our day book on the counter a shilling to pay the penny—I took up the shilling, and put it between my teeth and bent it, and then found it was a bad one—I told him so, and asked how many more he had like that about him—he affected to be very indignant at my question, and said, "None at all"—I asked him where he came from; he answered, "I had it from Petticoat Lane, in change for a waistcoat"—uponthat I closed the door, and sent for a policeman, and 81 H came, and I gave the prisoner into his custody, and at the same time handed to the officer the bad shilling the prisoner gave me—it is now produced—the officer searched him, and took from him the other bad shilling produced.")
THOMAS HARRIS . The prisoner was given into my custody—I searched him at Mr. Edwards' shop—I got a bad shilling from Mr. Page—I found a bad shilling in the prisoner's right hand trousers pocket—these are them—ingoing to the station, I asked him where he got those shillings; he said there was a man outside the door who gave him them to pass, and now he must suffer for others—he had 1 1/4 d. in good money on him.
Prisoner. I never mentioned about a man outside the door; I had a drop of drink in me. Witness. He had been drinking, but was not drunk.
GUILTY .—Recommended to mercy by the Jury.— Confined Six Months.
OLD COURT.—Wednesday, January 6th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron MARTIN; Mr. Justice WILLES; Mr. Ald. HUMPHREY; Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
For the case of Christian Sattler, tried this day, see Surrey Cases.
NEW COURT.—Wednesday, January 6th, 1858.
PRESENT—Mr. RECORDER; Mr. Ald. CARTER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.
JOHN RAMSAY . I am a boot and shoe maker, at Milton, near Gravesend; I was formerly parish clerk of St. James, Gravesend. I produce a certificate from the register of marriages there—(Read: "22d Sept., 1855; Albert Adolph Armstrong, bachelor, of Gravesend and Catharine Jane Seaton, married by licence by me, John Joynes")—This is a true copy—I was present—the prisoner is the same person who was married—I knew his wife—Isaw her three times since her marriage; I saw her about a fortnight ago.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Am I to understand that you speak positively to this young man? A. Yes.
Cross-examined. Q. Where are you living now? A. In Grosvenor Place, near Russell Square—I am living entirely alone—I saw Mr. Sidney yesterday—he was here with me—he is the gentleman under whose protection I had been living—I am twenty-seven years of age—boy as the prisoner is, he has too many wives—I first met him in the road, I got into conversation with him—he asked me if my name was Armstrong, I said, "No, sir"—our acquaintance dated from that period—I did not take him to my house that day—he called the next day, not by my invitation—I did not give him my address—he saw where I went to, he was walking the same road, and he called on me the next day—I had not my four children there, two of them were away—Mr. Sidney called on me yesterday, and he was there the day before, he has been there very frequently on this business—it was not under his advice that I gave the prisoner in charge—I am not taking his advice, but he came to me—I always allow him to come to visit his children, two of them are living with me—he did not know I was going to be married to the prisoner, he was on the Continent at the time—I had not exactly had a quarrel with him, we were not very good friends, but I had no quarrel—I married the prisoner without the knowledge of the father of my children—it was my full intention to do so—the prisoner never came home to me before our marriage—he did afterwards—he has slept in the house two nights running—I could not tell how often he slept in the house after the marriage—hedid not live away—he might have slept away more often than he slept at my house—while I was living at that house I had two or three solicitors call on business.
MR. ORRIDGE. Q. Did the prisoner tell you he married in contradiction to the wishes of his guardian? A. He told me if I kept the secret three or four years he should be in possession of 3,000l. a year—he interested himself in providing for my children—he went two or three times to the Court of Queen's Bench with me—I have examined this copy of the register with the book (read), "St. James' Church, Holloway, 7th July, 1857, Albert Adolphus Montrose, of full age, gentleman, and Elizabeth Chambers were married in this church by banns by me, J. K. Holden."
COURT. Q. By what name did you pass after you married the prisoner?
A. In the name of Sidney—it was his particular desire that I should still keep the same name.
GUILTY — Confined Nine Months.
MR. COOPER conducted the Prosecution.
ANDREW WITH . I was carpenter on board the Heather Bell, from London to Barbadoes. The prisoner was captain of it—John William Norris was an apprentice on board—the vessel started on 1st of August, and up to the fith day the boy conducted himself very well—it was his first voyage to sea—he was about fifteen, and a tall boy of his age—on the fifth day we were in the Channel—the captain accused the boy of being stupid, and that he would not look after what he told him, and he took him by the arm and beat him with the rope's end—he struck him with a three inch rope, and struck him with his hand as well—the boy had not done anything to require a punishment of that sort—when a boy goes on board a ship it takes some time to learn—this boy was willing to learn—after this the captain struck him several times with his hand on the passage out—on the return voyage, on the evening of 30th Oct., I saw the captain take him by the throat, and knock his head against the rails of the mainmast—it was so dark, I could not distinguish his features—it was not blowing hard at that time—the captain did not do anything more then—the boy showed me the marks afterwards, in about ten minutes—I saw the blue marks on the side of his neck, they appeared to have been caused by the hand—I could not see how many marks there were—theboy did not look very bad at that time—he said he did not know what he should do—about 1 o'clock in the morning I was sent to reef the fore tops—Ibelieve the lad was in the fore top—I did not see him fall—he did fall—Idid not see him in the water—I heard him sing out for help—the captain and the black boy were on deck—as soon as we came down the ship was put about—there was a life buoy on board—there was no order to cast it over board, nor to put the boathook out.
Cross-examined by MR. SERJEANT PARRY. Q. Did you hear the captain ask Fordham for a knife. A. No—I am a Dane, I cannot tell whether two ropes were thrown over to the boy, I did not see it—I could not see what was done on board while I was aloft—I did not bear the cook warn the boy not to walk on the heel of the top mast—we went to Barbadoes and discharged our cargo there—I did not make any complaint at Barbadoes—I was not going to make a complaint—the boy might have been better treated—I made a complaint against the captain for smuggling—I was not examined—Inever threatened the captain on the voyage—I did not threaten because there was not a light—I did not say I would take him up—I did not grumble at being called up one night to help—I never did complain—I was paid my wages regularly by the captain—we lost one of our crew, whether he deserted or not we could not tell.
CHARLES STURNAH . I was an ordinary seaman on board the Heather Bell—Iremember Norris being in the vessel—after we had been at sea five days I saw the captain rope's end him—I did not see any cause for it—he seemed a sharp clever boy, and willing to do what was ordered—the captain was always at him all the passage out—on the night he fell overboard I was at the wheel, and I saw the captain take hold of him by the throat, and with his other hand he was striking him in the face till he was blue in the face—Isaw him strike him three times—a few hours afterwards he fell overboard—Ido not know whether he fell—I do not know how it happened.
Cross-examined. Q. Were you on the forecastle yard? A. Yes—I did not hear the cook warn the boy not to walk on the heel of the topmast—I made a complaint against the captain for smuggling—I had nothing to do with it; but I thought it was not right—I have heard nothing more of that; I do not know the name of the man that I complained to—I went to the Thames Police Office with the carpenter and two able seamen—it was for changing some rum for a sack of potatoes in coming up the Channel—incoming home four of us made a complaint about that—I said nothing but what I knew—my foot was bad during the voyage—it was poulticed, and I was laid up—the captain said to me that I was skulking from my work, but he did not stop my wages for it—there was 2s. a piece extra given to us—thecaptain had to work as hard as any man during the voyage home—we were a hand short, and when the boy was lost we were two hands short—I believe the captain's hands were sore through hard work.
THOMAS WILLIAMS . I was steward on board the Heather Bell—I saw nothing in going out; but in coming home I saw the captain illtreat Norris—heseized him by the throat with his left hand, and beat him about the face with his right, and put the watch tackle round his neck—I saw the boy afterwards; he did not show me his neck the same night—I was going up to reef sails when the boy went overboard—I saw the boy fall.
Cross-examined. Q. What do you say the captain did? A. He seized the boy by the throat, and knocked him about the face; he put the watch tackle round his neck and twisted it till the boy was black and blue in the face; his eyes became fixed, and his tongue projected—I was at that time close to the ship's head—the captain did it full in my face—I was complained of by the captain for getting drunk—he did not complain that I was so drunk I could not speak: he said, "Steward. I have seen you in liquor before; mind I don't see you so again"—he did not charge me with taking a little rum out of his cabin.
Q. Did he not put some tartar emetic in the rum, and were you not ill? A. I was ill with drinking rum; but not the captain's mixture—when I was ill and sick from having taken the rum the captain did point to the bottle and say, "That is my universal medicine"—I believe I was charged twice with being drunk—I did not complain about the smuggling—I was at Barbadoes.
COURT, to CHARLES STURNAH. Q. When did you make the complaint about the smuggling? A. When we came on shore—we did not make any complaint about the boy till we saw the boy's parents—we were told to make this complaint when we came on shore—we did not make any till after the other had failed. Witnesses for the Defence.
JOHN BARKER . I was mate of the vessel—I was on the voyage when this matter happened—I never saw any conduct of the captain towards that boy to do him any injury—the boy was dull, and wanted sharpening—there was nothing beyond the ordinary correction which always takes place at sea—I was next in command to the captain—if any complaints had been made I should have heard of them—there was nothing but what I saw or heard of—itwas a small vessel; there were eleven men altogether—I never heard of the captain putting a rope round the boy's neck so that his tongue dropped out—I recollect the time when the boy was overboard—the captain was on the helm—the captain threw the rope, and, I think, the maintop as well—therewas coming on a very heavy gale when the cook sung out that the boy was overboard—they all got down and wore the ship round—everything was done, except getting the boats out, and that we could not do, as they were on board and lashed together—that was the usual way—that vessel would not
allow a boat to be carried in any other way—there was no pretence for saying that the boy was in such bad sprits that he was determined to drown himself—therewas not a three inch rope on board.
Cross-examined by MR. COOPER. Q. What was the largest rope? A. Two inches and a half—I was on board on the fifth day alter the boy was on board—I did not see the boy rope's ended—I was in different parts of the ship—it is not unusual to give a boy the rope's end on the fifth day.
BENJAMIN FORDER . I am apprentice to the prisoner; I have served six months—I had been to sea before—I was on board the Heather Bell—I knew Norris; I was apprentice with him—I was very much his companion—I never saw the captain do anything wrong to that boy—I have seen him give him a touch of the rope's end the same as he has me—I am not the worse for it—I will sail again with the captain, if he gives me the choice—whenthe boy was on board he got better—the captain shook him, sometimes—Inever saw him do. anything cruel to him no more than I have had myself—Inever heard of the rope being put round his neck and his tongue hanging out—I do not believe it—I saw him every day, and had opportunity of speaking to him—I remember his going overboard—I saw him when he was in the water—I heard the cook warn him—he said, "You stupid chap, don't go in front of the top mast"—I cut the life buoy by order of the captain.
Mr. Cooper here withdrew from the prosecution.
NOT GUILTY .
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
NATHANIEL CROSSLAND . I reside at Dalston, and am Secretary to the Finsbury Freehold Land Society. Mr. John Moore is one of the trustees of that society—the prisoner was cashier—his duties were to receive the money, to answer any inquiries, and keep the account of all moneys received by him in a daily cash book.
NATHANIEL CROSSLAND (continued). "This book is the prisoner's writing, in which he was to enter the sums received—it is called the subscriber's cash book—I do not find any entry on 12th March of 6l. 4s. 6d. from Wright; 5l. 3s. 9d. from Johnson, 2l. 1s. 6d. from Fisher, or 2l. 1s. 6d. from Smee—theonly entry on that day is to the name of Grey, 8s.—this other book is called the ledger—we had a secretary whose duty it was to keep this ledger—theprisoner took to keeping it some time ago, in consequence of the absence of the secretary, who was going through the Insolvent Court—the prisoner kept the whole of the books—in this ledger, on 12th March, there is the name of Thomas Wright, 6l. 4s. 6d. referring to folio 108 in the cash book—there is no entry in folio 108 of the cash book of this receipt—in Mr. Johnson's account, I find an entry of 5l. 3s. 9d. in the ledger on 10th Aug., and referring to folio 132 in the cash book, and this appears to have been received—in Mr. Fisher's account here is 2l. 2s. 6d. to his credit on the 12th March, referring to folio 108, and there is no entry of that in the cash book—in Mr. Smee's account here is 2l. 1s. 6d. to his credit in the ledger on 12th March, referring to folio 108 in the cash book, and there is no entry of it in the cash book.
Cross-examined by MR. PHILLIPS. Q. How many cash books did you keep? A. Two: and there was a rough cash book the prisoner used to keep—this is it—it is the prisoner's writing—during the time the prisoner was in the employ of the society, the whole of the books were locked up from him, except this
rough book, during the whole of the time an inquiry was going on—I suppose it was about the month of July—all the books were locked up from the prisoner, except this rough day book—I do not know that the prisoner was taken into custody—he was summoned to appear at the Police Court—the prisoner had access to the whole of the books after the accountant had made his report—accordingto the books, these moneys could not have found their way to the hands of the bankers, I do not know any other way; they might be paid in instead of other moneys—the prisoner had the control of the whole of the books, the daily cash book, the general cash book, the journal and the ledgers—Ithink there were four ledgers—there was very little business transacted at our place—there was only the secretary and the prisoner who were cashiers—Iam one of the directors—I had nothing to do with the books—I have always considered that the secretary ought to have had to do with the keeping of the books—he went through the Insolvent Court, I think in August, that was the time the books were in the hands of the accountant—they were going through the books; the secretary could not do so, his duty being in the Insolvent Court—I never heard of any dissatisfaction being expressed with his conduct—I considered him an intelligent and a very efficient man—I cannot say why he did not return to his duty after he came out of the Insolvent Court—I cannot say whether there is any amount of salary now due to the prisoner, according to his own account there is, but according to our account he has been overpaid—I think in a letter that he sent he claimed 3l. 7s.—there were various sums of money paid to him on account of members, from the time of the investigation till he was taken into custody—he had been paid his salary—the last amount was a cheque for 8l.—previous to that he was in the habit of receiving his money monthly—here is in the minute book, in which the entry was made at the time by my orders, on 13th Oct., 8l.—I wrote the cheque for it—the payments previous to that were on 11th February, 6l. 13s. 4d.; and on 12th May, 5l.; and on 4th August, 5l.—I find nothing after August till I come to the 8l. in Oct.—I can undertake to swear that there is not upwards of 20l. due to the prisoner—I cannot say that there is not more than 3l.—he received his salary monthly for some considerable time; on no particular day of the month, he was paid irregularly—whenthe Board met, it was usual to put in a claim—there were only cheques signed when the Board met—he was not allowed to take money previous to the Board meeting.
Q. Do you mean that he did not take money, and account when the Board met? A. To my knowledge he had not such authority—I cannot swear that that did not occur; I was not at the Board every meeting—the prisoner was not a director, he was a shareholder—there is one marble covered cash book, another green, and another red—this marble covered book is the only rough cash book that I know of—there was a journal connected with his office; no other book—thismarble cash book is Mr. Rowley's writing—no one had anything to do with this book but him.
MR. GIFFARD. Q. Was this rough cash book supplied to him when the matters were under investigation? A. Yes: the date of the first entry in this book is July 16th—up to that time the cash books were the ordinary and regular cash books—this is the letter which the prisoner sent on 5th Nov., in which he resigns his situation as cashier to the society, and states that 3l. 8s. 4d. is due to him as salary.
Cross-examined. Q. Was he supplied with any funds as petty cash, or did he supply them? A. There was money put in his hands to meet current
expenses—he has made use of stock to make up the petty cash—he has told us at times he was in advance—it was understood he was to advance petty cash, and he had a cheque for it given him.
MR. GIFFARD. Q. What has been the amount he has drawn on the general stock? A. Seven pounds for payment of petty cash—this is the petty cash book which was kept by the prisoner—according to this book he had on 12th March, a balance of about 4l. in hand—on 25th February, he had 5l. 16s. 10d. and up to 13th March, he had disbursed 18s. 10d.
JOHN AUGUSTUS EDMONDS . I am an accountant—in this cash book the prisoner gives credit that he had in hand on 17th March 41l. 15s. 5 1/2 d., but that includes a sum of 15l., for which credit had been given—that is minus this sum of 15l. 11s. 3d.—I have gone through the book to find whether he has ever accounted for the 6l. 4s. 6d. received on 12th March, and he has not—it has never come into the cash book at all—he has not accounted for the 5l. 3s. 9d. from Mr. Johnson on 12th March; nor for 2l. 1s. 6d. from Mr. Fisher; nor 2l. 1s. 6d. from Mr. Smee, on 12th March.
Cross-examined. Q. How many cash books have you seen? A. Three: exclusive of that which is called the rough cash book, which I was informed was placed in the prisoner's hands while the other books were under examination by the Board—I find these sums, amounting to 15l. 11s. 3d., are in this green ledger, and there is reference to another book, folio so and so—that is the subscriber's cash book—this account is posted in the ledger—in examining this book I come to frequent entries of cash, and put down at folios in another book—I find many of them—I did not go through the whole of the books, only part of them, from a certain date—I began on 25th Feb., 1857, and examined them forwards to Nov. 5th—I looked at a great number of entries—Ihave no idea how many—I found many places where the entries were perfectly correct—the books appeared to me to have been kept in a regular way: in a way which I should expect a person would keep the books of such a society—I did not find out whether there was a sum of money due to the prisoner for salary—my attention was not called to that—I was told there was a small balance claimed, but it was so small we did not investigate it—I found that these sums which have been entered in one book, do not appear in another—Ido not know anything of the books being locked up.
MR. GIFFARD. Q. This one is the general cash book? A. Yes: and I presume it is in the prisoner's writing—this other is the subscribers' cash book; and this other is the book containing the sums received—I have not found any page in these three books which contain those four entries which profess to come from another cash book.
ROBERT SMEE . I am a clerk. On 12th March I paid the prisoner 15l. 11s. 3d.—I have his receipt for it here—I collected the money from the various members—I took him a list of the names of the parties, Wright 6l. 4s. 6d., Johnson 5l. 3s. 9d., Fisher 2l. 1s. 6d., and myself 2l. 1s. 6d.; total 15l. 11s. 3d.—I always placed a piece of paper before him with the names of the parties, and the sums—(Receipt read: "March 12, 1857; received of Mr. Smee 15l. 11s. 3d. Henry Bowley.")
Cross-examined. Q. How long were you there with him? A. Perhaps half an hour—I was on friendly terms with him—he is a young man I respected very much—I think only the initials of the Christian names of these persons were attached to their names—I did not see the prisoner do anything at the time; he gave me this receipt—when I gave him the paper, he said, "You have so much to give me," I said, "Yes," and gave it him, and he
gave me the receipt—I did not see him make any memorandum—I was not taking notice of what he did, I was looking at my own book—he did not make any entry at all to my knowledge—I saw one of these books before him on the desk—I made the entry in the member's own books, and took the money to the office in Bedford Row, and handed it to the prisoner—at the time I was first connected with this society it was very flourishing; I have taken in, I suppose, 2,000l. or 3,000l.—the prisoner has been in the employ of the society—I call on the parties for their money, and enter it in their books myself, being the agent; that is the custom of every agent—I did not know of anything unpleasant between the prisoner and the directors.
JOSEPH WOOD . I am a clerk in the London and Westminster Bank. There is an account there, in the name of Lloyd and others, for this society—theprisoner has been in the habit of paying in money on their account—I cannot say whether he paid me 35l. on 12th March—here is an account on 17th March, in my receipt book—there is only the account I received myself.
COURT. Q. Did he produce it at your meetings? A. Yes, always—the last time he produced it was on 2d Nov.—he was ordered to pay in his moneys then—I examined it at our meeting.
MR. GIFFARD. Q. Is this a copy of the money paid in by the prisoner? A. Yes; I should presume this is a copy of the pass book—this is an account which he keeps as a check against the bankers—this is his handwriting—hereis nothing paid in between the 10th and 17th March.
JOHN AUGUSTUS EDMONDS re-examined. I have gone through the cash book to see what the prisoner received between the 17th and 30th March; it is 150l. 4s. 2d.—68l. 3s. 11d. was paid into the banker's; he had some disbursements, and he would have 16l. 17s. 11d. in hand on 29th March; that is, giving him credit for the 68l. 3s. 11d. and all his disbursements—it does not include the 15l. 11d. 3d., and that does not appear in the cash book.
Cross-examined. Q. Look at this banker's book, here is only one entry on 17th March, will you undertake to say that you have found no entry since 12th March of 15l. 11s. 3d.? A. No; there is not—I went through the cash book, and all the various books; I was about eight hours going through them; I did it all myself, with the assistance of the clerk—I was seeking for the 15l. 11s. 3d. being made up of the four persons between 12th March and the period when the books were taken from the prisoner—to the best of my belief I never saw a sum of 15l. 11s. 3d.—every item in these books passed under my eyes; I have no doubt of it at all—I did not go over all these thousands of entries in eight hours—all the books which I examined were the subscriber's cash book from the dates whieh have been mentioned, from 25th Feb. to 5th Nov., the society's cash book for the same period—the ledger, the banker's pass book, the subscriber's pass book for the same period, and the petty cash, there is no entry of the 15l. 11s. 3d.—I went through about six books; the other books would make about twelve in all—I had only the assistance of one person, who called over the various sums to me from the subscribers' cash book, for me to check them in the general cash book—I saw them both, and undertake to say I have gone through the whole from 17th Feb. to 5th Nov.—I saw pass books of Wright, Johnson, Fisher, and Smee, and found entries.
MR. GIFFARD. Q. Was your attention called to that 15l. 11s. 3d.? A. Yes; I could not find it except in the ledger.
(The prisoner received a good character.)
GUILTY — Three Years Penal Servitude .
There was another indictment against the prisoner, on which no evidence was offered.
193. THOMAS BEADING , Burglariously breaking and entering the dwelling house of George Eade, and stealing therein three coats, six waistcoats, and other goods, value 10l. 15s.; his property.—2d COUNT, Receiving the same.
MR. LANGFORD conducted the Prosecution.
GEORGE EADE . I live at No. 39, Goswell Street, St. Luke's, and am a chemist. On 26th Dec. I left my shop at a quarter past 9 o'clock in the evening—I returned about a quarter past 10 o'clock—I found some one had entered my premises by a picklock key, I suppose; they could not any other way, because parties were in the shop—no one occupied the room from whence I lost my clothes; it was my own bed room—I missed from it three coats—twoof these produced are mine; this other I am not certain about—these waistcoats are mine—the lodgers had a right to come in with a latch key, but no one had a right to come into my room.
ANN WELCH . I live at No. 30 1/2, Portpool Lane; I have lived with the prisoner about two years off and on—I was living with him on 26th Dec. On Sunday morning, 27th Dec., I saw this bundle of things, but the prisoner told me of it on the Saturday night—he said, "I have robbed a doctor's shop of these clothes that are under the bed"—there was no one present when he spoke about the things that night, but on the Sunday morning my brother William and my mother were in the room—I know this red waistcoat was in the bundle, I took it out and pawned it on the Monday morning, because I wanted money—the prisoner did not tell me to pawn it—I pawned it on my own account—the prisoner told me he had robbed a doctor's shop at the top of Wilderness Row, on Saturday night—he took some of the things out into two bundles, and gave them to a man in his shirt sleeves, who took them out; and he sent my brother to watch where they went.
Cross-examined by MR. DOYLE. Q. Did you ever tell anybody before to-day about your brother and mother being present? A. No—I did not tell about the two bundles till last night—I told the policeman about this matter last Sunday night—that was a week after the occurrence—I first went to the shop, and the gentleman fetched a policeman to the shop—I thought proper to go to Mr. Eade's—it was not out of good will to the prisoner, or out of ill-will—I have lived with the prisoner two years off and on—before that I had had six months for a watch, which I found in a gentleman's pocket—I have not been a common prostitute—I do not go into houses frequently—I have not been living with any man but the prisoner since Christmas—I have had a quarrel with him—it was for that I went and made this charge.
MR. LANGFORD. Q. When did you quarrel with him? A. Last Sunday night week—I went to the pawnbroker's with the red figured waistcoat, on Monday morning—I went and gave notice to the chemist last Sunday night.
WILLIAM WELCH . I live at No. 30 1/2, Portpool Lane—my sister Ann occupies the adjoining room; she lived with Beading. On Sunday morning, 27th Dec, I saw the inside of Reading's room about 9 o'clock—I saw my sister and a young man there—I saw a big bundle in the room under the bed—Iheard Reading tell the young man who was there, to go and sell the coats and waistcoats—I did not hear Reading say where he got the coate and waistcoats from—the man did not say anything, nor did my sister—it was
on Monday that the man took out the bundles—I saw the bundles under the bed on Sunday morning, and the man was there on Sunday morning—he came back on Monday morning, and took the things away about 12 or 1 o'clock—Ifollowed the man, and he went to Mr. Myers' house on Saffron Hill.
Cross-examined. Q. Did you go into your sister's room on Sunday morning? A. Yes—I did not hear any conversation between my sister and the prisoner—I did not hear him tell my sister that he had robbed anybody, but I did when he came in on Saturday night—I was not in my sister's room when he came in on Saturday night, I was in the next room—I heard him come in about two or three o'clock in the morning—they had that conversation—I did not hear it all—my sister told me that they had this conversation—my sister has told me many other things—she told me to go and watch where the young man went with the things—she did not tell me what I was to say here—I did not give evidence before the Magistrate in this case—my sister asked me yesterday morning to come and give evidence—shehad some talk with me—the prisoner was taken into custody on Sunday last—I told the policeman what I knew about it—he took me by myself on Monday morning last—I told him what I told you—I did not tell the policeman on Sunday—he took me to Old Street station, not before the Magistrate—I know my sister and the prisoner had a quarrel—I do not know what it was about—it was not about any other man—I have not heard the prisoner and my sister say anything about any other men—since the prisoner has been taken, my sister has been living at a coffee house in Old Street by herself—she has been talking to me about what I was to say here—she did not tell me to say I saw the bundle under the bed—I saw that myself—the bed is by the window in the room—there are three doors; one leading to another room, and two doors leading out into the passage—Ilooked through the door that leads into the next room, which is the room my mother and I live in—I did not go into the prisoner's room, I stood at the door—I just looked about his room—I did not go into the room that morning—I have never been in prison—I have been in custody on a charge—Ihave never been tried in this Court—I have been convicted at Guildhall once—I was in Newgate, along with some more boys, for picking pockets—Ihave been out of prison about three months—I used to work for Day and Martin's—I have not worked since I was in prison—my father keeps me: he is a painter—he used to work for Mr. Dunn; he is out of work now—he used to work for Mr. Oxfield, a builder—he was in and out doing little jobs; he worked for him about a month—I will swear he has been at work within a month—I have not been at work since I was in prison—I made an attempt to get employ, but have not been able to get any—I am fourteen years old.
THOMAS EVANS (Police sergeant, G 22). I took the prisoner on Sunday night last; I told him he was charged with committing a robbery at Mr. Eade's—he said, "It came from Welch; you don't believe what she says; she has been living with a man since I left her"—as we were going along he said to Welch, "Don't you let them hid you to swear anything tomorrow"—theprisoner was taken before the Magistrate on Monday—I first saw William Welch on Monday; he was at the Court—he gave me some information—hehad an opportunity of seeing his sister—I found these clothes at Myers's, a clothes shop on Saffron Hill.
Cross-examined. Q. Why did not you take this boy before the Magistrate? A. I was not aware what he could state—he came to his sister's, and I saw him there—she said he saw the things taken away, and she
sent him to follow the man—she said before the Magistrate that her brother came back and said the clothes were sold somewhere in Saffron Hill—I had the prisoner in custody on Sunday night—Mr. Eade sent for me to his shop—Ifound Ann Welch on Monday morning; all she spoke about was the waistcoat, and what her brother told her about the others—I took the boy to the shop last night—he said on Monday that he did not know what shop it was; he could not give any evidence before the Magistrate—I have been communicating with the other witnesses about this case to-day—the learned Counsel sent to me—I told him this new matter.
THIRD COURT.—Wednesday, January 6th, 1858.
PRESENT—Mr. Ald. SALOMONS; Mr. Ald. HALE; Mr. Ald. PHILLIPS;and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
MESSRS. ELLIS and TINDAL ATKINSON conducted the Prosecution.
CHARLES MOORE . I am the manager of Barnes' Dairy, High Street, Shoreditch. On Friday, 27th Nov., the prisoner came, and asked for a half quartern loaf, which came to 3 1/4 d., and put down a bad shilling—I marked it in his presence, and gave him into custody, with the shilling.
WILLIAM HENRY MASCALL (Policeman, G 4). I took the prisoner, and received this counterfeit shilling (produced) from Moore—he gave the name of David Silk, and was discharged by the Magistrate on the Tuesday following, as nothing else was proved against him.
WILLIAM APPLEFORD . I am a draper, of No. 125, Church Street, Hackney. On 14th Dec., between 7 and 8 o'clock, the prisoner came, and asked my apprentice for a pair of stockings; he looked out a pair at 6 1/2 d., and put down a shilling—I put it into the detector, found it was bad, and gave him into custody.
Prisoner's Defence. I came from Hertfordshire to London, and took the shilling at Shoreditch; the other one I took in Whitechapel, in change for half a crown.
GUILTY .— Confined Nine Months.
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
LUCY STANHOPE LARKIN . I am the wife of Joseph Larkin, of No. 91, Edgware Road. On 10th Dec., between 6 and 7 o'clock in the evening, I went to the prisoner in the shop; she was complaining of the quality of some tape, but said that she would take it; it came to 2d.—she gave me a bad florin, I showed it to Mr. Croft, and then returned it to her, saying that it was bad; she said that she did not know it; I said, "You have been here
before, passing a bad florin"—I asked her address; she said that, that was no business of mine—I gave her into custody, with the florin.
RICHARD WINNICOTT (Policeman, D 154). I was called, and took the prisoner—Mrs. Larkin gave me this florin (produced)—a good florin was found on the prisoner at the station—she refused to give her address.
JOSEPH LARKIN, JUN . I am the son of Mr. Larkin, a linendraper, of the Edgware Road. On 26th Nov., between 7 and 8 o'clock in the evening, the prisoner came for a pair of stockings, which came to 6 3/4 d.—she offered a florin in payment; I told her that it was not good—she said that she did not know it—I showed it to Mr. Croft, who weighed it, bent it in her presence, and gave it back to me; it was not out of my sight—I brought it back to the shop, laid it on the counter, and told her it was bad; she gave me a good half crown—I am quite sure she is the same person—I did not see her in the shop on the 10th, but I saw her at the station, and told my father and mother that she was the woman who had been on the 26th—they had told me that they had got the woman.
JAMES CROFT . Towards the end of Nov. the last witness brought me a florin; it was bad, and I bent it in a vice—I gave it back to him, and went with him to the shop, and saw the prisoner—I am sure she is the same person—I saw her there again on 26th Nov., and recognised her immediately.
Prisoner's Defence. I am an unfortunate girl, and it was given to me.
GUILTY .— Confined Six Months.
MR. ORRIDGE conducted the Prosecution.
SARAH CANNON . I have been housekeeper to Mrs. Aikman for twenty-five years—this plate and linen (produced)was left at No. 68, Great Portland Street, in charge of a man named Sankey (See page 57)—they were there up to Oct. this year, and are her property.
Cross-examined by MR. RIBTON. Q. What time in Oct. was the house left in Sankey's custody? A. He had charge of it between two and three years—I saw the things safe about a year before—the family were out of the house—there is no mark on the linen—this table cloth has been used for packing up—there is no mark on it, or on any of them—I did not keep a list.
MR. ORRIDGE. Have you any doubt about the linen? A. No; I have always had the care of it.
Cross-examined. Q. Did you examine all the linen? A. No; but there was nothing broken open—I know one table cloth which has been used for packing up—I saw these plated articles when the house was given into Sankey's custody, three years before; they were under lock and key, and are worth 3l. or 4l.—I only say that they were safe, because the locks were not broken.
MR. ORRIDGE. Q. Were the places they were in undisturbed up to a month before the robbery? A. About three weeks before—I afterwards found the locks broken open, and missed the articles.
HARRIETT ANN SANKEY . I am the wife of Sankey, who was convicted here—he was in charge of No. 68, Great Portland Street, and I lived there with him—the prisoner was in the habit of visiting my husband—I found the boxes broken open on 19th Oct., and made a communication to Mr. Aikman, who examined the place—on two occasions, when the prisoner was visiting my husband, he said that he wished to speak to him privately, if I had no objection to leave the room—I left the room, and left my husband talking with him.
MARIA DE KATZAU . I live at No. 15, Fitzroy Square; I know the prisoner; he keeps a fish shop, in Warren Street, Fitzroy Square. About 20th or 21st Oct. I went to his shop, and purchased these articles for 19s. 6d.—hiswife served me, but he was there at the time.
Cross-examined. Q. Did you deal with his wife? A. Yes, and paid her the money; the prisoner did not interfere at all, that I recollect—to the best of my belief, he was not in the shop all the time—I did not speak to him at all—I cannot say whether it might have been the 19th or the 15th; the only way I recollect is, that I was very ill on 2d Nov., and it was a very few days before that.
WILLIAM DAVIS (Policeman, D 135). On 29th Oct. I was on duty at No. 68, Great Portland Street—the prisoner knocked at the door, and I asked him what he wanted—he asked if Mrs. Sankey was at home—I said that she was not—I asked him what he knew about Sankey—he said that he had known Sankey for years, and had played many a game at skittles with him, drank many glasses in his company, and he was a d—fine fellow—hethen asked me over to the public house to have a glass—I accepted the offer, and went—he told me in the public house that he could buy the whole of Great Portland Street, from top to bottom—I said, "Can you?"—he said, "Yes," giving me a poke with his fingers in the ribs, "I can; do you understand doing things on the quiet?"—he then asked me if he could go over to the house—I said, "Yes, you can"—we went over to the house, and my wife had brought me my dinner—he sent for a pot of beer when we were in the dining room—he then went to the water closet in the hall, remained there about five minutes, and returned down into the kitchen, where he remained a few minutes, and came up and said, "I made a mistake; I thought I was with the old chums"—he then took a half crown out of his pocket and tried the thickness of a looking glass over the mantelpiece, and said that he would give me 2l. for it; he then tried a small one, and said he would give me 1l. for it; and the piano, he said, he would give me 10l. for—afterthat he asked me over to the public house a second time—we went there, and had some more drink, and about half an hour afterwards I took him into custody on a charge of exciting me to sell the property in the house—previousto going out of the house he asked me if I had the keys of the house up stairs—I said, "I have not: but I suppose you know what is up stairs?"—helooked at me again, and gave me another poke in the ribs, and said, "It would take a longer head than your's to read me"—he was taken to the Marlborough Street Police Court next day, remanded for & week, and was ultimately discharged.
Cross-examined. Q. You got as much drink as you could out of him, and then took him into custody? A. I only got a few glasses from him; my reason for taking the drink was to get information, not to make him drunk or myself—I drank three or four glasses of beer; three, to the best of my knowledge; one in the public house, one at my dinner, and one afterwards—hehad had a little drink when he came to me—going to the station he
said, "I was a d—fool for going near that house at all"—I was quite sober—after having one glass in the public house, he sent out for a pot of beer—Idid not drink more than a glass—he drank some, and I drank some, and my wife drank some—I only drank one glass, and left the rest to my wife and the prisoner—I only had one glass when I went over to the public house, I had nothing but beer—I was then ten minutes or a quarter of an hour—itis my opinion that he had been drinking very little before he came to me—mywife is not here—the prisoner was remanded, admitted to bail, and then discharged—Sankey had been in the house before me—he had left about a week when I was put in charge—I believe there was a warrant out for him—they caught him in Cork—I am not a Cork man—I cannot say whether he is an Irishman—I have spoken to him—the prisoner knew that Sankey had gone; he told me so—he did not tell me that the police were after him.
MR. ORRIDGE. Q. At the time he called on you were the police after Sankey? A. Yes, my object in talking to him was to get information about Sankey.
THOMAS POTTER (Police sergeant, D 16). On Thursday, 24th Dec, I took the prisoner at Kensington—I had been in search of him since three days, after his discharge by the Magistrate on 5th Nov.—Sankey was before the Magistrate on the day prisoner was discharged at Marlborough Street—I found the prisoner in a public house; I called him out and told him I wanted him, and he must consider himself in custody, charged with being concerned with Sankey and others, who were convicted in Oct., in stealing a great quantity of property, plate, jewellery, linen, and other articles, from No. 68, Great Portland Street—he said, "That is a bad job; I am glad I am taken; if I get twenty years I shall be easy in my mind." On our way to the Mary-le-bone Police Station, I had called another constable in uniform to my assistance, and he said, "Potter, I should like to speak to you personally;" that was in Bayswater Road—he said, "You are a d—d fine fellow I can see, you make me think of Sankey, we understand each other, I will give you 5l. to square me in this job"—I said, "Is that all you have to say? if that is all we must go on"—he said, "Do not take me any farther, take my word I will give you 5l. in three hours"—I said, "You must come on to Mary-le-bone Lane police station"—on the road, he repeated the offer of 5l. several times—after I had lodged him in the station, I took Hammond, a constable, with me, and went and searched the prisoner's lodgings, a marine store dealer's, No. 18, Warren Street, and in a drawer in the parlour, I found this linen which has been identified, and a quantity more which could not be positively sworn to—I asked the prisoner coming along the road what account he gave of the bread basket and coffee pot which had been sold at his shop; he said, "that licks you."
Cross-examined. Q. Have you ever said that before? A. I did not state it at the police court, but this is not the first time I have said it—it slipped my memory, but I mentioned it at the station—it was about seven weeks after Davis brought him up, and charged him with making him drunk, that I apprehended him; it was in the evening, he seemed to have been drinking then—I did not have anything to drink with him, he very politely asked me to have a drop of gin and water; perhaps he thought he had got a Sankey to deal with.
MR. ORRIDGE. Q. You went after him and could not find him? A. Yes; after I had traced the plated articles to his shop.
asked me if Sankey was not on duty there, I said, "No"—he said that he believed that was his beat, and how was it that he was not on duty there—Isaid, "I am the constable on the beat, but Sankey is posted here, and if you want him particularly he does not live far from here," and gave him his address, No. 68, Portland Street—he said that he lived in that direction, and would call on him.
Cross-examined. Q. Was that after the robbery had been discovered? A. No; some time previous to the robbery—I am an Irishman—he did not seem to have been drinking in the court—it is near Great Portland Street—itwas between 7 and 9 o'clock in the evening—I was not examined before the Magistrate.
MR. ORRIDGE. Q. What do you mean by "posted." A. He was posted at a certain house, to keep omnibuses from stopping there.
Cross-examined. Q. Do you know Sankey? A. Yes; I always thought him a respectable fellow—it was in July last that I saw the prisoner talking to him.
GUILTY †on the 2nd Count.— Four Years Penal Servitude.
OLD COURT.—Thursday, January 7th, 1858.
PRESENT—Mr. Baron MARTIN; Mr. Justice WILLES; Sir HENRY MUGGERIDGE, Knt., Ald.; and Mr. Ald. ROSE.
Before Mr. Baron Martin and the Third Jury.
MR. TINDAL ATKINSON conducted the Prosecution, and MR. COOPER the Defence.
of the Attempt.
Confined Twelve Months.
Confined Eighteen Months.
MR. W. J. ABRAM conducted the Prosecution.
JAMES BELL . I live at No. 5, Chequers Alley. I knew the deceased little girl, Mary Coney—I saw her in Chequers Alley, about three weeks ago, playing against some bricks; several little children were there at the time—the prisoner was there cleaning some bricks—he told the little girl to go away several times; she would not go, and he struck her with a leather belt on the right side of the head; it had a buckle to it—her head did not bleed—she went home crying—I did not see her afterwards—I am quite certain that the prisoner is the man who struck the blow.
Prisoner. It is false what he has been saying, I never hit the child at all.
COURT. Q. Did he hit her with the buckle end of the helt, or the other end? A. I am not sure which it was.
MARY CONEY . I reside in Adam and Eve Court, and am the mother of the deceased child. She was five years and eleven months old—she had very good health—I remember her coming home crying and vomiting; I cannot tell whether it was on the Tuesday or Wednesday three weeks from the day she died; she died yesterday week—she came home crying, and said that a man had hit her with the buckle of a belt on the head—she showed me the side of the head, I observed a red mark on the side of her head—I
took her to a surgeon that night, but he was not at home, he attended her next morning—she always had very good health—she never suffered from headache.
JOHN NEALE (Policeman, G 8). On Thursday, 31st Dec, in consequence of information, I went with the boy Bell to look after the prisoner in Shoreditch—Itold the boy if he saw anybody he knew to point them out to me—theprisoner and his brother were coming down the Hackney Road together, and the boy ran across the road to me, and said, "Policeman, here he comes, he is the shortest of the two"—I apprehended him, and told him it was for causing the death of a child—he said he knew nothing of it, he never did anything of the sort.
FREDERICK WRIGHT . I am a surgeon, and live at No. 34, Paradise Street, City Road. On 11th Dec. I was called in to see the child, Mary Coney—I found a discoloration on the right temple, about the size of a half crown—she was labouring under great difficulty of breathing, and fainting; I could not account for it at that time, I imagined it was from fright, from what the mother told me—she rallied, and got apparently well; but the symptoms were continually repeated, and I was continually fetched to see her, and administered medicines to her until Wednesday, 30th Dec., when I saw her last—shewas then in a worse state as to breathing and fainting than I had seen her previously, and she died in that state about 6 o'clock in the morning—I made a post mortem examination next day, and found on the right temple a discoloration about the size of a half crown—it continued much the same through the whole depth of the skull on that side, but no further—the inside of the head was perfectly healthy under that part, and all the brain until I came to the left lobe, where I found a clot of blood about the size of a hen's egg, about two ounces of extravasated dark coloured blood, and some softening, or disorganization of the surrounding mass of brain—every other part of the brain was perfectly healthy, and so were the other parts of the body—I attribute the cause of death to the clot, and I believe that to have been caused by the blow on the right temple—the appearances always follow on the opposite side to the blow, it is a law in surgery—I know of no disease which would cause similar appearances—I should say the external mark was caused by some instrument; it might be by a fall, or a blow of the fist, or a strap.
Prisoner's Defence. I never hit a child all the tune I was there, and I have witnesses to prove it.
ROBERT HULME . I am a master shoe maker, and live opposite the bricks where three houses were being pulled down—two or three men were employed in pulling them down—I am always at home, and could see anything that transpired—I remember the circumstance with regard to this child perfectly well; there were two children there, the little girl and her brother—there are generally a number of children there, after the pieces of lath and old wood, and the men have a great deal of trouble to drive them away—the prisoner's brother called to the little girl and boy, and told them to go away, in a very abrupt way—they did not go; the little boy turned round to the prisoner's brother, and made use of a very awful expression to him, which caused him to say, "Do you hear him?" and he pointed to his master to call his attention to it, and laughed, and so did I; and then he said, "Hold him, I will nail his ears to the wall;" that was merely to frighten the child—the children then ran round the corner, and no more was seen or heard of them—there was no blow struck that I saw, and I was there the whole of the proceeding.
Cross-examined by MR. ABRAM. Q. Were you looking out of your window?
A. No, I was at the street door—I cannot be positive as to what day this was—it was between the 7th and the 12th—I did not know the children before—it was in the alley; the alley is very narrow—the children were not at play; they were standing, waiting for an opportunity to take the laths, as the old timber was being thrown out of the window—I heard of the child having been frightened on the following evening, I heard of the father coming round, and saying the child was in fits on account of the fright—the two men spoke to me about it, as I was taking down my shutters in the morning and I said I did not remember any such thing taking place.
ALFRED HEWITT . The old materials that were being pulled down belonged to me—I employed the prisoner, with two others, to take down the old houses—Iwas there the whole of the time, with the exception of going away to meals, from the beginning to the end of the job—I never saw any blow struck, or anything of the sort.
Cross-examined. Q. Were you near the prisoner? A. It is all in so small a space, that I must have seen everything that occurred; and I was in no way engaged, only to see the others do their work—I cannot say the exact date of this—I heard the laughable joke of the child making use of the bad expression—Ithink it was about the 11th—I did not hear of the child's death until the prisoner was taken, and then I volunteered to come here and make this statement—I have known him four or five years, and he has borne a very excellent character.
WILLIAM PAYNE . I was at this place backwards and forwards, carting the bricks—I heard what has been stated about the child being frightened, but I saw nothing else—the prisoner has worked for me for years, and always bore a good character.
JOSEPH BELL re-examined. The deceased has a brother; he was with her on this day—he is younger than she—the men were not throwing laths or bricks out of the window, only cleaning bricks—my attention was not called to this matter again until after the child's death.
NOT GUILTY .
NEW COURT.—Thursday, January 7th, 1858.
PRESENT—Mr. Justice WILLES; and Mr. Ald. PHILLIPS.
Before Mr. Justice Willes and the Sixth Jury.
MESSRS. GIFFARD and BAYLEY conducted the Prosecution.
HENRY HOLDEN . I am a cheesemonger, and live in Pitfield Street, Hoxton—Ihave known the prisoner, I should think, for two years; he was in the employ of Mr. Dutton. On 14th Dec. he came to my house, about 9 o'clock in the morning—he asked me to give him change for a 5l. note, for Mr. Dutton; he brought the note in his hand—I took it, and it being rather dirty, I said, "This dirty piece of paper don't look to be worth 5l."—he said Mr. Dutton was short of change—I took the note up stairs; I put Mr. Dutton's name on the back of it, and gave him the change—this is the note; I had no other 5l. note—two days afterwards I paid the note to the bankers, and it was returned to me the following evening.
Prisoner. I never mentioned Mr. Dutton's name, nor master, nor anything. Witness. Yes, you mentioned change for Mr. Dutton, and said Mr. Dutton was short of change.
Prisoner. I deny it; when I went in, you said, "Well, Mr. Dutton," and I said, "I want change for a 5l. note;" I uttered the note not knowing it to be forged.
ANN PHARAOH . I am the wife of John Pharaoh, a butcher, in Tabernacle Walk. On Monday evening, 14th Dec., from half past 5 to 6 o'clock, the prisoner came into the shop; he asked if I would give Mr. Dutton change for a 5l. note—I said I could give it him with 2l. gold and 3l. silver—I said, "Perhaps Mr. Dutton would not like so much silver;" he said, "That will do"—I gave it him, and he gave me the note in exchange—I put it into my pocket—there was no other note there at the time—my husband came home in about half an hour, and I gave him the same note—when the prisoner gave me the note, I remarked the name of "Robert Beaseley" on it—this is the note—the prisoner wrote his signature on it.
Prisoner. I did not mention Mr. Dutton or my master; I said, "Will you give me change for a 5l. note?" Witness. No; you said, "For Mr. Dutton."
COURT. Q. Did you know the prisoner before? A. Yes, for a year and a half, or two years, by living with Mr. Dutton; he was a sort of messenger.
JOHN PHARAOH . I am husband of the last witness. On 14th Dec. I came home, about half past 6 o'clock—my wife gave me the note; I examined it, and put on it, "Mr. Dutton, Charles Square"—I also wrote my name on it—this is it.
JOSEPH DUTTON . I am a house agent, and live at No. 37, Charles Square; the prisoner had been in my service, as a messenger, about sixteen or seventeen months. On 14th Dec. I did not send him anywhere to change a 5l. note—I never sent him to change a 5l. note—he used to come to me at 9 o'clock in the morning, and go home at 12 or 1 o'clock to dinner, and again to tea, and he left in the evening—on 14th Dec. he came at the usual time in the morning, from 9 o'clock to a quarter past 9—he left at 12 o'clock to go to dinner—he did not come back—I did not see him again till I saw him in custody—I was not at all aware of his being about to absent himself.
EDWARD FITZGERALD (Policeman, N 554). On 17th Dec. I went with Mr. Dutton and Mr. Holden to Ironmonger Row, where the prisoner lived—hewas not at home; I waited for him till a quarter past 11 o'clock at night—I took him coming along towards his own home—I charged him with uttering a forged 5l. Bank of England note—he was excited; he had been drinking, and he said, "I will make it all right with the gentleman; I have got no money about me now."
Prisoner's Defence. These two notes I found in Pitfield Street, Hoxton, and if I had had time I would have gone down to the Bank of England, and changed them there, but I did not have time to go.
GUILTY .— Six Years Penal Servitude.
MR. PLATT conducted the Prosecution.
The prisoner and the prosecutor, being foreigners, had the evidence interpreted.
the same vessel. About half past 11 o'clock that night I was in a house in Neptune Street—I had a woman with me—the prisoner came in afterwards; he asked me whether I was going to sleep with the woman; I replied, "Yes"—onmy making that reply, he forced me out into the street, and began to hit me—we fought together, and the prisoner took from his strap a knife, and gave me two stabs on the arm—the knife was open when he took it out—my wounds bled; I was taken to a doctor, and was under treatment for two days—fromsome information I went with the policeman to a coffee house in East Smithfield—I found the prisoner there in bed—I saw the policeman find this knife under the pillow—it is a common sailor's knife, such as they generally use, and they generally wear it outside—it is a similar knife to the one he appeared to stab me with—I did not observe whether there was any blood on it when it was found—I was perfectly sober; I had no money to get drink—theprisoner was sober—I had not a knife myself; I had given my knife to a countryman of mine on board the ship.
MR. PHILLIPS, on behalf of the prisoner, here stated that he would consent to a verdict of unlawfully wounding.
GUILTY of Unlawfully Wounding.—Recommendedto Mercy by the Prosecutor and Jury.— Confined Two Months.
THIRD COURT.—Thursday, January 7th, 1858.
PRESENT—Mr. RECORDER; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the Seventh Jury.
201. HENRY DEVOLL and GEORGE BRISTOW were indicted (with a person named JOE , not in custody) for unlawfully conspiring to defraud Robert Moseley and William Small of their goods.—Other COUNTS for obtaining the said goods by false pretences.
MESSRS. METCALFE and ORRIDGE conducted the Prosecution.
ROBERT MOSELEY . I live at No. 90, Fetter Lane, and am commission agent for Mr. William Simpson, of Birmingham. From a communication I received on 26th or 27th Sept., I called at Union Wharf, Limehouse, and saw a clerk who is known by the name of Joe, from whom, on a second visit, I received this letter—I went again, five or six days afterwards, and saw the clerk again—(I was the person who spoke to Devoll before the policeman did; that was in Albany Street, Regent's Park, about four weeks ago—I said, "I believe your name is Devoll".—he said, "No; I am a stranger from the country, my name is Jones"—after I had given him in charge at Poplar Station, I said to him on the road to Harbour Square, "The clerk you had at the wharf was a very sharp fellow"—he said, "He was; it was no use engaging a fool"—I said, "He did very well the business that you engaged him to do"—he said, "He did, and I paid him very well for it; and all that he did, he did by my direction"—on 27th Sept. I called at the wharf, presented my card to the clerk, and informed him that I was led to believe that Mr. Devoll wished to order some fenders, and I had called to submit my prices and patterns to him—he said that Mr. Devoll was not there, but expressed his own willingness to look over them; he did so, and said he approved of them, and that other parties had submitted their patterns to Mr. Devoll—one or two fenders were lying there, which he pointed to—we are fender manufacturers—he said that as far as he was concerned he preferred mine, and should use his influence to induce Mr. Devoll to take mine—he
said that they were for shipping, and that if I would call the next day but one, the 30th, I should see Mr. Devoll at 12 o'clock—when I called on the 30th, at a few minutes before twelve o'clock, he said that Mr. Devoll had important business at Sudbury, which rendered it necessary for him to leave by train, but had instructed him to give me this order—(This was for twelve dozen bronze and black fenders; six dozen ditto spear foots; six dozen ditto bright round ends; and three dozen ditto 4ft. to 4ft. 6in.; signed, Henry Devoll)—he said that we must send him up the goods in a fortnight's time—Iobjected, that being such a short period, but he said that they were to be shipped for the Australian market in a vessel of Mr. Devoll's, one which was then loading, and would be ready to sail a few days after that period, and we must execute the order in that time, or he would give it to some one else—I undertook to do so—there were eighteen or twenty tons of iron rails lying there—hepointed to them, and said that they were a lot which Mr. Devoll had bought; that he had sold them, and should supply their place as soon as they were removed—he mentioned that we must give him six month's credit with the fenders, to which I objected, and told him our terms were nett at a month—he said that six months' credit was usual in the iron trade—I said that it was not common—he said that he bought the iron which I then saw at six months' credit, and should supply its place on the same terms—I asked for one or two days longer to supply the goods, and stated that they should be there precisely on the day he mentioned—I went again, scarcely a week after, and saw the same person—I called to know whether the goods were to be packed in tin, or whether we should send them up in crates, as we usually do—he said we were to send them up in crates, as they had a packer themselves—I asked him how it would remunerate them to pay the freight on fenders to Sydney, they being bulky articles—he said that they had cases made expressly, which had three partitions, holding wire at one end, screws, or similar goods, at the other, and fenders and soft goods, such as hosiery, which would pack with the fenders, in the middle—on the receipt of this letter, dated 23d Oct., I went to the wharf and saw the clerk, and also a lad—I inquired whether the fenders had arrived—he said that nineteen crates had arrived, but five were deficient, and requested me to see after them, as the vessel would sail immediately, and it would be very inconvenient if the vessel sailed—en the morning of 24th Oct., I received this letter, dated the 23d—I have seen the clerk write, and believe it to be his.
MR. COOPER. Q. How often have you seen him write? A. Two or three times: my name and address, or another name and address, that was all—he wrote close beside me—(Read: "Union Wharf, Narrow Street, Limehouse, 23d Oct. Mr. Moseley, I have just received five crates, making twenty-five. I will draw Mr. Devoll's attention to it as soon as he returns. Your's respectfully, per William Henry Devoll."
MR. ORRIDGE. Q. Did you receive the letter from the clerk? A. Yes—whathe refers to here is what I expressed as to a different settlement from six months—he had said that he would communicate with Mr. Devoll, who was on his north-eastern journey; and that the settlement he would allow would depend on what discount I gave him; he would give cash if it was made worth his while—I went again early in Nov., and on my road to the wharf, I met the clerk and Bristow—when I came up, Bristow left him and went into a public house—I did not know Bristow—the clerk then handed me this letter, and stated that he had written it to me by Mr. Devoll's instructions—itwas in an envelope, with "Sudbury" upon it. (Read: "Union Wharf. Mr. Moseley. Sir, Mr. Devoll waited as long as he could for you.
He desired me to say you could draw on him, provided you can allow three per cent. off. Yours respectfully, p.p. H. Devoll.")—I was not introduced to Bristow as one of the firm—I mentioned to him that I had called, not hearing from him as to the settlement, as he had promised to write to me—hesaid that he had written that letter, and was going to post it for me, and that if I called a little later in the day, I should find him there—this conversation took place on the step of the door in the public house—I asked the clerk if he would take a glass of ale; he said, "Yes," and we went in, and ordered a glass of ale each, and inside stood Mr. Bristow, but I was not introduced to him, or told who he was—he spoke to the clerk, saying he would call again on Friday—the clerk said, "No, make it Saturday;" Bristow replied that Friday would suit him better, as he wanted the money: the clerk said, "Still make it Saturday;" upon which Bristow left, and the clerk and I left almost immediately, I saying that I would proceed to Poplar, and call at the wharf on my return—I did so, but did not find Devoll—some days afterwards I was going down to the wharf with Mr. Taylor, and at the bridge across the road at Stepney Station, in sight of the wharf, I met the clerk, Mr. Bristow, and another person, who I believe to be Devoll—they dispersed as quickly as they could on seeing Taylor and me—we were on our way to the wharf to take the prisoners into custody, in consequence of information which we had received—the clerk endeavoured to get into a urinal, but I waited for him, and then he said that he had to go up by the railway, and darted from me—I had not asked for a reference, but one wag tendered to me, Charles McKinnell and Co., No. 9, Great St. Helen's—there were two offices there in the name of Charles McKinnell and Co., late Alfred Gibson and Co,—Iwas satisfied with the reference I got there, hearing a good account of them, and the goods were sent—they said that they had had several transactions which had always been settled satisfactorily, and inquired if the amount was large—I said about 50l.—they said that we were perfectly safe in doing that—I went to Albany Street on 16th Dec., with the policeman Sheridan.
Cross-examined by Mr. COOPER. Q. You liked the look of the offices, and those you spoke to? A. Yes—I saw a clerk who said that it would be better for me to see Mr. McKinnell; but as he said that he knew the circumstances I considered it unnecessary—our credit was not stated—I have not a bill—I cannot say whether six months' credit is usual from Australia—the last credit spoken of was a four months' bill, to which I did not agree—I consented at one time to give six months' credit—that has not expired yet, but in the mean time we had a different settlement—they offered a four months' bill if I would engage to allow a certain discount, but I did not consent to that.
Cross-examined by MR. GIFFARD. Q. Did you go out of the public house shortly after Bristow? A. Three or four minutes after him; he was not in sight then, he had turned the corner—I saw him again that day when he was going up the road—I did not go round the same corner as he did, I looked after the clerk, but did not stay sufficiently long to see if he joined him—whenthey saw us they went in a different direction to that which they had been coming in, and in an opposite direction to that in which I was coming—theywere not meeting me, they were coming up a street across the top of which I was passing—whether they went into a public house or down the street I do not know, but they disappeared immediately down the same street as they were coming up—I have no doubt that it was Devoll, but I should not like to swear it.
MR. METCALFE. Q. Are you certain of Joe, the clerk? A. Yes—what induced me to part with my goods was the representation that Mr. Devoll
was a ship owner, and was purchasing goods to export, from other parties for the same purpose—if I had obtained ready money I should not have cared what representations were made.
WILLIAM SMALL . I have an office in Laurence Pountney Hill, and am agent to Paul Moore, a wire drawer of Birmingham—on 14th or 15th Sept. I received a letter at my office, in consequence of which I went on 15th Sept. to Union Wharf, Narrow Street, Limehouse; I saw a person who represented himself as Mr. Devoll's managing clerk, and who went by the name of Joe—Ishowed him this letter, and he said, "We sent you this"—(This was a request to be informed of the price of brass and copper wire, and the discount for prompt payment, signed, Henry Devoll)—I gave him a printed list of brass and copper wire, which he said he would show Mr. Devoll, who was out—hesaid that Mr. Devoll was a merchant, that he came there of a morning and saw his letters, and arranged his business, was out all day in the city, and came back again and wrote his letters—I said that I should very much like to see him, and if he would write to me I would keep any appointment he chose to make, either at his office or mine; and that I could recommend a certain quality of wire, which I pointed out, very highly; I showed him patterns of it, and left—a day or two after I received this letter (produced), and I wrote saying that I would call on Friday, the 18th—when I went, Joe acknowledged having written the letter, and said he was very sorry that Mr. Devoll had been obliged to go out, but that he had left me an order for seventeen bundles of iron wire if they could be delivered on Saturday, as they formed part of an order which they had to send to Canterbury that day, by barge—I said that it was a very short time, but I would write down specially about it, and it ought to be there on Monday at the latest—I then took the order, and left—I said that I hoped we should do business together, and repeated my desire to see Mr. Devoll; he said that he was very sorry he was out, but no doubt he would write to me and make an appointment—on 24th Sept. I received another letter acknowledging the receipt, and about 14th or 15th Oct. I received another letter in reply—I called again on 30th Oct. to get the money for the seventeen bundles; I saw Joe again, and he told me that Mr. Devoll was on his eastern and north-eastern journey, and he was very sorry he had not got money enough in the petty cash or else he would pay me—on Thursday, 5th Nov., I called again for the 9l.; he said that Mr. Devoll had stopped at Sudbury on his way back, that he had written to him there, and that he would certainly be in town on Monday—I had not on 24th Oct. received this letter (produced), but I had received information from Paul Moore, & Co. of it, and it was afterwards forwarded to me—I never received my money.
JAMES RICHARD TAYLOR . In September and October I was in the prisoners' employment—I first saw them at the Crown coffee house, London Bridge, together—Bristow said that they wanted some wire sold which was at the wharf, and Devoll came to me a minute or two afterwards saying the same—I was to call the next evening, they wanted me to see some one else who would give me instructions—Bristow acted as landlord, and Devoll was almost as a visitor I think, he was staying there—I had before been travelling for a party at Mile End, and had sold Bristow 24l. worth of goods, which was how I became acquainted with him; and then he went into White Crow Street Prison—on the next evening I called at the Crown coffee house, and was introduced by both the prisoners to a person named Joe—there were customers in the coffee room—Joe told me what they wanted done, which was to sell some wire; and Devoll came to me and said that I had better go to the
wharf at Stepney, and they would meet me there the next day—I went there next morning and saw Bristow, and then Joe came—(it was 26th or 27th Sept. when I first went, and two days afterwards I went to the wharf)—Joe showed me the wire, and I took samples of it for sale; I do not exactly know how many bundles, but the amount was 9l. 4s.; and a second lot of wire came afterwards—Iwas three or four days trying to sell it, because I was trying to sell it in small quantities—Joe gave me the price that it cost, and I tried to sell it to the different ironmongers a bundle at a time; and after I had tried three or four days, he said that I must not go round to the ironmongers in that way, because Paul Moore's wire was known so well that they should get into trouble, I must sell it in a lump, so that people would not know—I then submitted it to a person in Houndsditch, next door to Goldsmith's, who said that Goldsmith would most likely buy it—I went into Goldsmith's, who told me to bring him a sample; I did so; he offered 6l. for it, and I sold it—I do not know how many bundles there were; but they cost 9l. 4s., the invoice price—Joe had told me that I could not sell it in a lump, unless I took one-third off the cost price; that is how I came to know what it cost—I went back and told Joe what was offered—hesaid, "I suppose he must have it"—I said, "When is he to have it?"—hesaid, "Six o'clock in the evening, when it is dark"—Turner was sent for, whose cart they always had, because they would not trust anybody but him—thewire was put into his cart, and Joe received the money—the prisoners were not there that day, they were the day before, and Bristow made the same remark as Joe did, that I could not sell it without taking one-third off the price—some more men came to the wharf, about three weeks or a month afterwards, from Paul Moore—I recollect some fenders coming twice from Mr. Simpson's, of Birmingham; the prisoners asked me to sell them, either the day they came or the day before—they said that the fenders were coming, and asked me to try to sell them—I had no price to sell them at—I brought a person to see them, but there was nobody there—I showed him one, but he could not take the whole lot, and therefore did not buy them; and next morning Devoll told me that they were sold—he did not say to whom, or at what price—the fenders all went away together from the wharf—the second lot came about a week after the first, and they all went away the next day or the day after; it was very rainy that night, and they did not bring the second lot, but they had the invoice of the whole—they all went away in a waggon, but I do not know where—I never saw any ship belonging to Devoll while I was there—I never heard either of them or Joe speak of a ship, or of shipping goods, and I was living on the premises—there were some iron rails there, which Bristow said were his—nothing else was done while I was there; but as goods came in, they were sent away; there were some fire bricks there, and some water closet pans; they were taken away—I never saw or heard of any goods being shipped—Bristow told me first that they had no money, and goods must be sold in that way, so as to create capital; he said that it was a very good wharf, and I should find lots of goods there—I gave information to the police about this matter; and after proceedings were taken I was fetched to the premises, when Bristow was at White Cross Street, by a person named Wild—I had communication with Bristow, and he said that he wanted me to withdraw one word that I had said at the Police Court, Thames Street, about connecting him with Devoll, that he and Devoll engaged me—he said, "You know I did not engage you with Devoll"—I made him no answer—he said that if I would go away, Wild should find a house for me; and if I wanted any money, Wild should go to his wife and get some for me to go into another house—I stated that to the police—Devoll and Bristow sometimes
came to the wharf of a morning; and sometimes Devoll did not come for two or three days, but Bristow was there almost every morning—they came together, they generally came by train—Joe generally came about 9 o'clock in the morning, and Bristow and Devoll from 10 to half past 10, and sometimes they would remain half an hour, and go away and come back; but Joe remained all day till 4 o'clock—I know of no circuits being travelled by Devoll—I am not aware of his being at Sudbury on 5th Nov., or of his going on a north-eastern journey—sometimes he was not there for two or three days, but I never knew that he travelled—I cannot tell whether he was at Sudbury on 23d Oct., because sometimes he did not come to the wharf for a day or two—Bristowhas sometimes come in saying, "Harry has been on the spree"—Joe was not at Sudbury; he never went away.
Cross-examined by MR. GIFFARD. Q. Is Goldsmith here? A. I do not know—I cannot tell when I saw him last—I have met him in the street since, but have not been to see him about anything since—I think I saw him in the street last week—it was about 4th or 5th Oct., or perhaps a day or two before, that Joe told me I must take one-third off, or I should not be able to sell the wire in the lump—I think that was the day before I took the sample to Goldsmith—Ibuy and sell goods on my own account—I travelled till I knew Bristow, and sold him some goods—I travelled for Lather and Co., of Mile End, from Jan. to Sep., or the latter end of Aug.—I was discharged from their service—I was selling for them, and I never had any settlement, so I stopped my commission, as I never had a regular agreement—it was put down as embezzlement, but I was honourably acquitted—Mr. Sleigh defended me—sincethen I have been buying goods, and selling them on my own account—Ihave been a witness in a prosecution this very session—I stated that I saw the goods go away from the front of the bar—I heard no statement made with reference to the goods—I was paid my expenses in that case, 1l. 1s.—I had half a crown a day from the solicitor, for refreshments during the time I was with Inspector Checkley, nine days; but 17s. 6d. was what the solicitor gave me, not nine half crowns—I was first with Checkley on 25th Dec.—I did not go to him at all—I was charged by Bristow with stealing a coat—I was there the day that he was charged, and the son had had the coat before that time—they detained a lot of articles of mine, and I detained a coat; but they would not take the charge at all, and I gave it up.
Mr. METCALFE. Q. How soon was that charge after Bristow's son was charged? A. When I was given in charge for stealing the coat was when they wanted to hinder my coming up as a witness—it was after Bristow's son was charged and discharged; and after Devoll was charged and not discharged—itwas a charge of stealing a coat which I had detained, and the inspector at the station refused to take the charge—I used to call at the Bolt-in-Tun, Fleet Street occasionally, the same as any other person would call—thestatement I heard was a conversation between two persons, and I was subpoenaed by the police to prove it—I received the ordinary expenses, and nothing more.
Cross-examined by MR. COOPER. Q. You were not always on the wharf? A. I lived on the wharf—I used to go away to look after situations; but towards the latter part of the time I was always there—I was never admitted into the office, because I was discharged—at the early part, I went away at 10 o'clock in the morning and did not return till five or six.
MR. METCALFE to ROBERT MOSELEY. Q. Look at these three letters; do you know the writing of them? A. It is the same as that addressed to me—Ibelieve them to be in Joe's writing—(The first of these was from H. Devoll
to Mr. Small, dated 17th Sept., 1857, requesting a sample of the best iron wire—thesecond, dated 23d Sept., acknowledged the receipt of 117 bundles of iron wire; the 3d was dated Sudbury, Nov. 1857, to Paul Moore and Co., Birmingham, requesting immediate attention to the annexed order, and that he would remit a cheque or pay Mr. Small. Signed, Hy. Devoll.
EDWARD SHERIDAN (Policeman, K 433). On 16th Dec. I went with Mr. Moseley to Albany Street, Regent's Park; we met Devoll in the street, and I said, "Mr. Moseley, there is Harry"—I was waiting inside for him to come—Iwent up to him and said, "Your name is Henry Devoll?"—he said, "No, it is not"—I said, "I will take you into custody as Henry Devoll, on a charge of conspiring with others, not in custody, to obtain goods by false pretences from William Simpson, of Birmingham, and others"—he said, "Who will take the responsibility of this charge upon him? it is a serious charge"—I said, "Mr. Moseley;" and Mr. Moseley said, "Yes, I will take the responsibility upon me"—he said, "I am not the man at all; my name is Jones; I am a stranger here, and come from the country"—I asked him where he resided; he said, "In Compton Street, Soho," but he did not know the number of the house or the name of the landlord—I asked him if he knew Mrs. Franklyn; he said, "No"—I said, "I am satisfied that you are Mr. Henry Devoll, and that you have come now from Mrs. Franklyn's, and I shall take you to the station"—I knew that lady, and went there to meet him, from information that he was sleeping there that night—she was at the house where I expected he had come from—I took him to Poplar station—on the way to the Court, Mr. Moseley said to him, "The clerk you had, Mr. Devoll, at the wharf was a sharp one?"—he replied, "Yes, it would be no use my employing a fool"—Mr. Moseley said, "You employed him for a certain purpose, and from my conversation with him no doubt he is the fittest man you could employ for that purpose; he did his business well"—Devoll said, "I gave him orders, and for obeying my instructions I paid him well"—on Saturday last I went to look for M'Kinnell and Co., at No. 9, Great St. Helen's, and a painter was brushing the name off the door; I could not find any one representing the firm at all; I went several times, and have never been able to find them.
Cross-examined by MR. COOPER. Q. Have you ever searched Pigott's Directory? A. I have—I have not been a preacher; I am an Irishman—Iasked Devoll no questions till I told him that I was a policeman—when we were in the cab, I said, "Harry, it is all up; I know you, and you know me."
JOB WINTER (Policeman, 104). I know Bristow; he is the landlord of the Crown coffee shop, Duke Street, London Bridge—I have known him there nearly nine months—I have seen Devoll there with a white apron on, acting as waiter and attending on customers frequently.
Cross-examined by MR. GIFFARD. Q. Is it a large coffee house? A. Not very; there are eight very small rooms.
Cross-examined by MR. COOPER. Q. When did you know him as waiter? A. In Oct. last—I saw him in that capacity four or five times a day during the month I was on duty there—he might have been a visitor there—I passed the side on duty, and looked in through curiosity.
JOHN DAFTER (Police Sergeant, A 346). I have known Devoll for seven or eight years; first driving a cab for two or three years; after which I do not know of his having any occupation, and I have known him during the whole of that time.
four years, and have seen much of him, until within the last twelve months—Ihave never known him carrying on any occupation, either as exporter of goods, or having a shop, or any other occupation.
WILLIAM FOSTER . I am a builder, of No. 18, Johnson Street. I produce a certified order from the Insolvent Court—I examined it there with the original one—it is a correct copy of Mr. Bristow's petition—the document was attached to the schedule, upon which I saw Bristow's writing—(Mr. GIFFARD objected to this being read, it not being a certified copy, and not a public document. Mr. METCALFE contended that it was admissible as an examined copy. THE COURT did not consider it evidence, but would admit it subject to a case reserved; to which Mr. METCALFE objected, and the document was excluded.
CHARLES LINGOOD . I am in the employ of Messrs. Bird and Co., the landlords of Union Wharf. I remember Bristow being in occupation—this (produced) is his agreement—I did not see it executed—I saw Bristow on the subject—I was at Union Wharf to receive some rails, and after I had received them a woman who was taking care of the house gave me a card—after that I saw Bristow, who said that he would take the wharf if he could agree with Messrs. Bird and Co.—it was some time in Aug. last—he said that he wanted it for hay, straw, and corn for sale, as he thought it would be very useful for that purpose—I reported what he said to my employers, who sent me again to him, and he said that he would give 70l. a year for the wharf—Bristow then came to our office—I saw him there, but did not see him go before Mr. Bird or Mr. Bevan—I never saw Bristow after the wharf was let to him—I took this agreement from Bird and Co. to Ellison and Son, Fenchurch Street, and then to the Crown coffee house, and gave it to Bristow's son, at the place where I had seen Bristow—I never saw it after that till now—I saw it signed, there were two signatures—I cannot say whether Bristow's signature was upon it at the time I took it to the Crown coffee house—there was some iron on the wharf belonging to Messrs. Bird and Co., value about 200l.; that was taken away last Saturday, when I was there—I never had any conversation with Bristow about the rails.
FRANCIS CHARLES PIESSE . I am clerk to Bothamley and Freeman, solicitors, No. 39, Coleman Street. This agreement was handed to me from Messrs. Bird and Co., in the state it is now, except these pencil marks—it was signed, but I do not know anything about the signature—I saw Bristow in White Cross Street Prison, on 20th Nov., and asked him to pay the rest of the premises—hesaid that there was no rent due from him—I asked him to give up the wharf; he refused to do so, unless we gave him a sum of money—he said that he had distrained on the iron rails for 14l. for fourteen weeks' rent, at 1l. a week, due from Messrs. Bird and Co. to him—I told him I understood that could not be so, as the rails were allowed to remain by his permission, when he took the wharf—he said that he did allow them to remain there for a short time; but the understanding was that they were to be taken away soon after he took the wharf, and that I could not suppose he was to allow the rails to remain there fourteen weeks without some rent, and he had been put to some expense by moving them about from time to time—I was anxious to get the wharf, and asked him what he would take to give up the wharf, together with the iron rails; and ultimately he said that he would take 20l.—I told him I would see Messrs. Bird about it—after seeing them I saw him again, and agreed to pay him 20l.—I produced this bill to him, and asked him for the duplicate of it, and produced this paper to him—he cancelled it, and signed this receipt for 20l., and the document admitting the iron rails on the premises to belong
to Messrs. Bird and Co.—I then went down to the wharf and met his son, to whom the authority was given, and paid him 20l. to get possession of the iron rails and the wharf.
WILLIAM FREDERICK RICHARDSON . I am one of the firm of Richardson and Co., of No. 9, Great St. Helen's. I am successor to the firm of Alfred Gibson and Co.—Mr. Alfred Gibson died on 17th Sept., 1856, and I purchased the goodwill and furniture, and continued the business—Charles McKinnell and Co. were my tenants; I occupied the outer office, and let them the two inner ones on 25th March last year—I only saw Charles McKinnell; the name was on my door, and on the side post of the door down stairs—I have not seen Charles McKinnell since before the Sept. quarter became due—he did not pay his rent on 29th Sept., but I saw him about the middle of Oct.—he continued the premises on up to 28th Dec.—I do not know how long he remained personally; he locked the door between his office and mine, and took the key against the agreement—I have since received the key from the housekeeper, to whom it was given about ten days before 25th Dec.—I do not know where he is now; I should like to know.
DEVOLL— GUILTY . *†
BRISTOW— GUILTY .—He received a good character.
Confined Two Years each.
Before Mr. Common Serjeant.
ELIZABETH SURRIDGE . I am the wife of Thomas Surridge, at Chingford Green—I am a dress maker; the prisoner was in my service; she did house work, and assisted me in needle work. On 24th Dec. I sent her with a dress to Fanny Hill; she was to deliver it, and receive 5s. 4d. for me—she ought to have come back to me, but she did not—I did not see her till the 25th; she said she wished to speak to me, and she said she had lost the money—I said, "No, you have not lost it, you have spent it;" she said, "No, I have not"—I called her husband, and he said, in her presence, that she had spent it in drinking gin and water, and treating other men—she then said nothing.
Prisoner. I went to get change for a sovereign for you. Witness. Yes, you did, and brought it back, and I gave you 5s. 4d.
GEORGE HOCKETT (Policeman, N 292). The prosecutor sent for me on Christmas morning, and gave the prisoner into custody—she told me she had sent the prisoner with a dress, and she had kept the money—the prisoner said she had lost it—I took her into custody.
Prisoner's Defence. I lost the money out of my pocket; the gin and water I paid for with my own money; I offered, if she gave me time, to pay the money back again.
GUILTY .*—Recommended to mercy by the Jury.— Confined Twelve Months.
Before Mr. Recorder.
MR. GENT conducted the Prosecution.
WALTER CASE . I am in the employ of Mr. Tyser. On 9th Nov., about 7 o'clock in the evening, I saw this bell (produced) safe over the lodge—I missed it next morning, about 7 o'clock—it was fixed into an iron cage by the large gates; it is my master's—a policeman had it on the 22nd.
THOMAS COLLINS (Policeman, K 74). I received information, and on Wednesday night, 16th Dec., met the prisoner with another man, who is not here; he had got this bell in his right hand—I stopped him, and asked him what he had got there; he made no reply—the other man snatched the bell from him, jumped over the hedge, and ran away—I caught the prisoner by his collar, and took him to West Ham Station—I went back, and found the bell just over the hedge.
Prisoner's Defence. I met the man in the Barking road, and got into conversation with him; the policeman laid hold of me, and the man jumped over the ditch, and dropped the bell; I do not know where it came from.
NOT GUILTY .
MR. GENT conducted the Prosecution.
ALFRED HYAMS (Policeman, K 440). On 19th Dec. I was on duty in Upton Road, West Ham—I heard a noise in a cattle shed, and saw two men on the roof, and a third man standing close by who struck me with a stick, I think, and escaped—the prisoner was one of the two on the roof, he came to me with his fist raised to strike me and I drew my cutlass—they then ran away—I followed closely behind the prisoner till he came to the fence, when I took him—I found on him this broken bladed knife (produced); it appears to be used for ripping up lead, this corner is very sharp—I went back to the shed and discovered about 1cwt. of lead removed, and about 1/2 cwt. doubled up—the lead had covered the roof, but it was all removed—it is now laid down again in the same position, but here is a little piece (produced)—the value of the whole which was removed was 25s.
Prisoner. I was lying down asleep when I saw this policeman. Witness. No, I followed you to the fence but you could not get over—you ran sharp, after receiving your wound—you were not tipsy.
THOMAS SEWELL . I am in the prosecutors employ. I was awoke by the policeman's rattle, at about half past 3 o'clock in the morning; I got up and found a lot of lead, two large sheets removed from the cattle shed—this is part of it, and is my master's property—none was carried away—I had seen it safe the day before.
Prisoner's Defence. I am innocent of having the lead; I laid down there and went to sleep; I heard the policeman spring his rattle and got up, and he cut me across the head with a cutlass, and hit me about the legs and arms besides; I never saw anybody but the policeman.
GUILTY .—He was further charged with having been before convicted.
WILLIAM SOUTH (Policeman, K 233). I produce a certificate—(Read: "Central Criminal Court; William Jones, Convicted of burglary, November, 1855; Confined one year")—I was present, and had him in custody—the prisoner is the man.
GUILTY.**— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
the prisoner into custody, close to Marsh Lane, Stepney, from police constable Benton, who was very ill—Benton made a charge against him, and he replied that Bill Ward had given him the lead—I then conveyed him to the police station, West Ham, and on the way there he said, "Come with me, and I will show you where he gave it to me"—I accompanied him to a footpath, near the river Lea; he took me to a tree and said, "There is the place where Bill Ward gave it to me"—that was about 400 yards from where it was stolen—on Saturday, 26th Dec., after he was removed and taken to the lock up, his mother came and said that he wished to speak to me—I went to him, asked him if he wished to say anything; he said, "Yes, I will tell you all about it"—I said, "Be very cautious; recollect I do not want you to make any statement, but what you do say will be used in evidence against you"—he said "The lead came from the top of the oil mill, at Marsh Gate Lane; Bill Ward went up and got it, and I remained below and received it; and if you go under the Five Arches, through a gate, about fifty yards beyond that gate in the marshes, you will find the lead"—I went the same evening with the marine store dealer, but could not find it—the marine store dealer had given information from which the prisoner was apprehended—I received this lead (produced) from Benton, in the presence of the marine store dealer.
JOHN SMITH . I am a marine store dealer, of No. 12, Stratford Place. On 23d Dec. the prisoner called at Mr. Balcock's beer shop window, and told me he had got 200lbs. of lead if I should like to have it; I said I should, and communicated directly with Benton—about 8 o'clock next morning the prisoner came alone, and said, "Will you lend me a bag?" I did so; and in about ten minutes he came with 46lbs. of lead, for which I paid him 5s. 3d., and gave him 3s. on account, and he was to bring me the rest in the afternoon; but before that he was given into custody by his master, on suspicion of stealing a coat—the prisoner told me, on the Saturday after he was remanded, that the lead came from the oil mills, that he did not take it, but Ward got up and took it and he was below—he told me where the remainder was, and I accompanied the sergeant, but could not find it.
Prisoner. You have several times asked me to get things and take to you. Witness. Never.
WILLIAM HOBAN . I am foreman to Messrs. Willson and Smith, executors of the owners of the oil mills at Marsh Gate Lane, Stratford. I first missed lead from them on 22d Dec.—I have seen this lead, it corresponds in appearance; and in the manner in which it is cut, I firmly believe it belongs there.
GUILTY .— Confined Four Months.
Before Mr. Baron Martin.
MR. BROOKE conducted the Prosecution.
MARY GORDON . I live in Giffin Street, Deptford. On Wednesday evening, 11th Nov., about half past 8 or a quarter to 9 o'clock, I went with the prisoner and a woman named Lockwood to the Ship York public house, at Rotherhithe—a woman named Bishop was there also—we had some ale, and remained there about an hour—we went from there to Lightbody's, the next house, a beer shop—we had some lemonade and ginger beer there; the
prisoner and his companion, the mate, had the same—we left there near upon 11 o'clock—the prisoner walked with me, and the mate with Lockwood—we were going to Deptford, to a private house—when we got to where it was marked "Commercial Docks" on a lamp post, the prisoner remarked, "Commercial Docks? that is where our ship, the William Nicholls, is lying," and he put his arms round my waist, lifted me from the ground, and kissed me three times—we then went just round the corner of Grove Street—Lockwood and the mate were going into the Bladebone, now called the Defiance public house, to have something to drink, but the prisoner objected—I asked him why he objected; he said he did not like the house, and said, "Come on," and we went round the corner, towards George's stairs—I did not know the way, and said, "That is not the right way to Deptford"—he pointed to the corner public house, and said that was the house I was to sleep in—I smiled, and said, "No, that I am sure I am not"—I was in the act of turning the way to go home, and he took up his knife and stabbed me in the back of the ear; in turning, I do not know whether it was the handle of the knife, but the side of my skull was all knocked off, and he tore my cape off, and ran away with it, when I screamed—I ran to the Defiance public house; I bled a great deal—the blood was flowing as if from a tap; some persons at the Defiance stopped it—Mr. Downing was sent for, and I was afterwards sent to Guy's Hospital—I saw the prisoner next morning, he was brought to my bedside; the mate came first, then a tall man, and the prisoner was last—I had had no dispute with the prisoner; he was sober.
Cross-examined by MR. TINDAL ATKINSON. Q. I believe you are an unfortunate girl? A. Yes, I have been so between three and four months—Ilive by myself—Lockwood is not a companion of mine—I know her, and have occasionally been in company with her; I sometimes go out with her—wehad no spirits among us this night—we had a little ale at the beer shop, as well as the lemonade and ginger beer—the men had ale—the sailors treated—I had never seen the prisoner before that evening—he spoke very good English, enough for me to understand him very well—I had not an angry word with him—Lockwood might have been three or four yards off when the blow was struck with the knife; it was dark, except the gas light—Ihad come from my own house, at Deptford, that day; I had not been into any public house that afternoon.
ELIZABETH LOCKWOOD . I live at No. 17, Cross Street, Rotherhithe. On Wednesday, 11th Nov., I was at the Ship York public house, with Gordon—therewere, three young men there, and three females; the men were foreigners, but I cannot tell who they were—we went from the public house to Lightbody's beer shop; Gordon, and Bishop, and me, and two young men; we had some lemonade and ginger beer there, and left between 11 and 12 o'clock, closing up time; the prisoner is one of the young men—we were going to Deptford, which would be about three quarters of a mile; the mate walked with me, and the prisoner with Gordon—when we got by the Bladebone or Defiance public house, I and the mate were going in there—the prisoner was not willing to go, and we went on—the prisoner did not wish Gordon to go the right way to Deptford, and she said, "This is not my way"—he said, "Yes, it is"—she said, "No, it is not," and she was in the act of turning back to come with me, when the prisoner drew something from his breast, and struck her on the head—I was close behind them, about a yard or two away—Gordon screamed out, and ran—the prisoner took hold of her by the cloak, and pulled it off her, and then both he and
the mate ran away—I was very much frightened, and ran away—I afterwards saw Gordon at the Defiance—there had been no dispute whatever; the prisoner was quite sober—we had been drinking lemonade and ginger beer, and we had a glass of ale at the Ship York.
Cross-examined. Q. Are you one of those girls who go into the streets for a living? A. Yes, I have been doing that for about four months—I did not know Gordon till the night before this happened—I have not been in the habit of walking out with her—this was the first evening that I was ever in company with her—I fell in company with her that night by her speaking to the young men, and the mate spoke to me, and I went with them—we had no ale at the beer shop—I was quite sober—we had nothing else but lemonade and ginger beer there; the Sailors had the same—we went there between 8 and 9 o'clock, and remained till closing up time, between 11 and 12 o'clock—the mate paid for what we had—I had never seen the prisoner before—I did not take more notice of the mate than I did of him—it was dark in the street, but for the lamps—I saw the prisoner again on the Saturday afterwards, at the Police Court, Greenwich—I was taken by Hunt, the policeman, to see the men; he did not point the prisoner out to me—I was taken into the resting room, to see them pass; the mate passed first, and the prisoner followed—the prisoner spoke very good English, I could understand him; he talked better than most foreigners.
MARY ANN BISHOP . I live at No. 17, Crow Street, Rotherhithe, with Lockwood. I was at the Ship York public house on Wednesday, Nov. 11th—Isaw the prisoner there, and Gordon and Lockwood—I was with a friend, and coming out about a quarter past 9 o'clock, I left Lockwood and her and the prisoner before the bar drinking—there were more at the bar besides—I left them there—they were quite sober—they had one pot of ale, and I had a glass from it.
Cross-examined. Q. What are you? A. An unfortunate girl—I had a man with me—I went about my own business—I had seen Lockwood before, but not Gordon.
EDWARD DOWNING . I am a surgeon, at Deptford—I was called to the Defiance public house on 11th Nov., about half past 12 o'clock, and found Mary Gordon sitting in a chair in front of the bar—she was very much exhausted from loss of blood; but the haemorrhage had then ceased—I did not see the wound—a quantity of flour had been applied to her neck—I sent for a cab and sent her to the hospital—she was quite sober.
ALEXANDER MASON MCDOUGAL . I was house surgeon at Guy's Hospital when Mary Gordon was brought there, about 3 o'clock on the morning of 12th Nov.; her neck had been bound up, and a large quantity of flour was put into the wound to stop the bleeding—I cleared that away, and examined the wound; it was two inches in length, at the upper part about half an inch deep, and two and a half inches at the lower part, and was situated about three inches behind the right ear; the depth of the upper part was less, in consequence of the instrument having come in contact with the skull and glanced downwards; she left the hospital well on the 28th—any long sharp bladed instrument would inflict such a wound.
WILLIAM HUNT (Policeman, M 247). From information I received, I went on board the William Nicholls on the morning of 12th Nov.—I found the prisoner there—I asked him if he had been ashore the previous night—he told me he had—I asked him what time he returned to the vessel—he said, at 8 bells—I said, "You mean 12 o'clock?"—he said, "Yes"—I asked him if any one returned on board with him—he said the mate came aboard
shortly before him; he came aboard alone—I asked him if he had been with any girls—he said yes, he had; and he asked me if there had been a fight—I told him I did not know; but there had been a female stabbed, and he must get out of his bed cabin, and go with me—I took him ashore; also the mate, and another seaman—I took them to the hospital, to the bedside of the prosecutrix—Itook the mate first—she said he was not the man that stabbed her; he was one in company with her—I then placed the other seaman before her, and she said he was not one of them—I then placed the prisoner by her bedside, and she said, "That is the man that stabbed me"—I asked if she was positive—she said, "Yes"—I said to him, "You hear what this female says, that you are the party that stabbed her"—he put his head down close to hers on the bed, and said, "Do you say I stabbed you?"—and she said, "Yes."
Cross-examined. Q. This man is a foreigner? A. I believe he is—he spoke very good English to me—when I take a man into custody, I at times put questions to him, when I think it requisite—there were fourteen or fifteen other seamen, besides the prisoner, in the cabin—he was the last one I saw, and he seemed very loth to raise his head up—I asked him to raise his head up; and he said, "What do you want?"—I said, "Get out of your bed cabin; there has been something amiss, and I want to see you;" and he was then very loth to turn out—I then put the questions to him.
GUILTY of Unlawfully Wounding.— Confined Eighteen Months.
Before Mr. Recorder.
ARTHUR WILLIAM GRINLEY . I am a boot maker, and live in High Street, Woolwich. The prisoner had been working for me for about twelve months—On 31st Dec. my sister told me she came to my shop, and I took her work in; that was about 10 o'clock—I saw her leave the shop—these boots are mine; they have my mark on them—I could not tell whether I had seen them that day, but I believe them to have been in the stock—there were about three dozen altogether, and these are two of them—they are two odd boots—I am sure these had never been sold—after the prisoner had left my shop I received information, and these were missing.
JOHN THORP . I am shopman to Mr. Moore, a pawnbroker, at Woolwich. On the evening of 31st Dec. the prisoner brought these boots to me; she asked me 4s. on them—I saw they were odd ones—I asked her how she came by them—I put them on one side, and sent for a constable—the prisoner waited about ten minutes, and then left—the constable came, and I gave him the boots—I knew the prisoner before.
Prisoner. I was not in the shop that day.
JOHN NEWELL (Policeman, R 59). In consequence of information, I took the prisoner, on 1st Jan., at her house—I said, "Where did you get those two odd bluchers from that you took to Mr. Moore's shop last night?"—she said, "I never was in Mr. Moore's last night; I never had any bluchers"—Isaid, "You must go with me to Mr. Moore's"—I took her there, and they said that she had been there—I was taking her to the prosecutor's, and she said, "I suppose it is Mr. Grinley's?"—I said, "Yes, it is."
Prisoner's Defence. I have been working for Mr. Grinley eleven months, at binding; I went in with my work on Thursday morning; I was in about five minutes; the shop boy was there during my stay; I gave my work, and I had it returned, and I came out a truly innocent woman, as I always have
done during the time I have worked for him; I was not at the pawnbroker's that night; I was not out of my home till after 7 o'clock in the evening, and I went in a different direction; I am the mother of eight children, and I hope my case will be entered into, for the sake of my character and children, as the shopman greatly false-swore himself at the Magistrate's; they all wished me to plead guilty, but, knowing I did not deserve it, I wished to be sent for trial.
(The prosecutor gave the prisoner a good character.)
GUILTY .— Confined Three Months.
Before Mr. Justice Willes.
MR. BODKIN conducted the Prosecution.
THOMAS BENNETT . I live in Regent Street, Deptford, and am a porter in the service of the South-Eastern Railway Company. On Sunday, 29th Nov., I was on duty at the Deptford station at the time of the arrival of the train which left London at 10.12—I had charge of the semaphore and the telegraph—onthe arrival of that train I left my room for the purpose of altering the semaphore, and the regulator then, for the down line, was "Block"—whenwe mark ours to "Block," the one on the Eastern Junction would do the same; the same action would move them both—I might have been out of my room about a minute; when I returned, I found the prisoner just coming out of the room—my attention was first called to the instrument by a sound on the gong, which indicated that it was an answer from the man at the Junction, that I had telegraphed "All clear down"—I looked at my instrument, and found it had been changed from "Block" to "Clear"—in order to effect that, it would be necessary for a person to move the second of these pumps—those things we move are called "Pumps"—it would be necessary to push in this second pump—I found also that the needle which referred to the Greenwich up train had been altered; that had been altered from "Clear" to "Block"—in order to do that, a person would have to move the third of these pumps—when I found the prisoner coining out of the room, I asked him what he had been doing to my instrument; he said, "Nothing," and he passed round by the side of me, to go to the next door to give his ticket—I put my hand on his shoulder, and said to the ticket collector, "This man has been at my instrument"—the policeman was sent for, and the prisoner was detained in custody—this instrument was fixed in my room, exactly five feet from the ground—when I left my room, I had pulled the door close to—the door which persons go out at, is three or four yards further than my room—a great many persons that were in the train had gone out at that door—when the policeman was sent for, the ticket collector told the prisoner to come into the room; and he said to him, "See what you have done to this instrument"—the prisoner said, "I have done nothing"—he said to him, "What business had you in this room?"—the prisoner said he had not been in at first, and afterwards he said he thought it was the way out—the ticket collector asked him where he lived; he said, "At Greenwich"—he said, "It is very strange, if you live at Greenwich, that you should get out here;" the prisoner said, "That is my business"—hethen said he came to see a friend—the ticket collector said, "Where do you live at Greenwich?"—he said, "I live at Mr. Gordon's, the grocer; I am assistant to him"—the prisoner afterwards said he might have fallen against the instrument—he appeared sober; he might have had a little to drink, but he knew what he was doing—the change made there in the
instrument, showing that the line was all clear, would effect exactly the same change at the East Junction.
COURT. Q. When would the next train leave London? A. At 10. 45; but engines come down at irregular times.
Cross-examined by MR. SLEIGH. Q. Whereabouts in the room was this instrument? how far from the door? A. About one foot from the door, to the left of the door—the room is large—the instrument was placed on a wooden frame against the wall—it is at such a height that I can conveniently put my hand to it—it is just five feet to the ground—these pointers are acted on by a pressure on these pumps—the people had all gone out when the prisoner was there—it was Sunday night; a large number of persons had come by that train—they all rushed out by the door—the prisoner might have been drinking.
JOHN NASH . I am the ticket collector, at the Deptford station. I was on duty on the night this occurred—I think between thirty and forty persons were the passengers who got out of that train—I took the tickets of them as they went out at the ordinary gate, which gate is between me and the train—I saw the prisoner that night, he was in the act of giving me his ticket; he was followed by the last witness—all the passengers were gone with the exception of two, a man and a woman—the prisoner was behind them, he was the last person going out—the porter put his hand on his shoulder and said, "This man has been at my instrument, he has altered the needles"—I said to the prisoner, "What have you been doing?"—he said, "Nothing"—Itook him back to the room where the instruments were, I said to him, "You have been in here;" he said, "I have not"—I said, "That is wrong, for the porter saw you coming out;" he said, "If I have been in, I came in thinking it was the way out"—I said, "That is impossible for you to think, for the passengers all went out at the other door, and you ought to have followed them;" and I said, "Even admitting that you came in thinking it was the way out, you had no business to touch that instrument; you have done that which will endanger the lives of the passengers, and rendered yourself liable to transportation"—he said, "If I have touched it, I must have fallen against it;" I said, "It is impossible for you to have done that, for there is nothing to fall against"—I asked him where he lived, he said at Greenwich; I think he said at Mr. Barber's—I said, "It is strange if you live at Greenwich that you should get out at Deptford, and alter that instrument"—he said he had got to see a friend; I said, "It is a strange time of night to go visiting friends;" he said, "That is my business"—I was not satisfied with the address he gave, and I sent for a policeman—the prisoner said, "Do you intend locking me up?" I said, "I do indeed"—he put up both his hands and gave me a violent shove, and said, "I am off home;" I caught him by the handkerchief and said, "Indeed you are not"—a violent struggle ensued, the policeman came and locked him up—after he was in custody he said, "You can do the best you can now, and I will serve you out for it afterwards"—thereis no question that he had been drinking, but he knew perfectly well what he was about—I should say the room was 20 feet by 14, it is a very large room—it used to be the second class waiting room—the door is in the centre of the room, and on the left hand side this instrument was placed—you must go into the room and turn yourself quite round to see the face of the instrument.
Cross-examined. Q. If a person went in and turned to come out again, in coming out would he face the instrument? A. Yes—the prisoner said over and over again that if he had touched the instrument it was by accident.
JAMES FARMER (Policeman, R 279). At a little before 11 o'clock on that Sunday night, I was called to the station at Deptford—the prisoner was given into my custody, for altering the Telegraph signal—he said what he had done was by accident—I said I thought it was impossible for a man to alter it by accident—he said, before I took him out of the station, that he had fallen against some wires, or something—I went, and saw that there were no wires there—the next morning, when I was taking him into court, I said to him, "How long have you left the Great Western Railway?"—he said, "How do you know that I have been there?"—I said, "I know you have"—he said he had left it about four years back—I said, "You were on there some time, were you not?"—he said, "No, about six months"—I asked him if he had learned to work the telegraph there—he said no, he had not—he was not drunk—he had been drinking—he answered all my questions in the way that I have stated—he knew what he was about—he walked down to the Deptford station, which is nearly half a mile.
THOMAS MACHIN . I am a grocer, in High Street, Deptford. The prisoner was in my employ when this happened—he had been with me about three months—I had a good character with him, and he conducted himself very well—I know Mr. Barber, a grocer, at Greenwich.
Cross-examined. Q. The prisoner was a well conducted man? A. Yes, a steady, orderly man.
JOHN GRACE . I have the management of the box at the East Junction station—I have such an instrument as this (looking at it) there—I remember the train which left London at 10.30 on that Sunday night, passing my station—beforeit passed, I telegraphed to Deptford, to let them know that the train was coming; and I received a signal which put my needle to "Block"—I had not the least control over that action; it was done at the Deptford station, and so long as that remained I would not have permitted anything to pass on the down line unless it were a case of emergency—it was my duty to prevent anything passing—I afterwards received a signal that the line was clear—I had the needle changed from "Block" to "Clear"—that must have been done at Deptford—on that change I would have permitted anything to pass, either engine or a train.
(The prisoner received a good character.)
NOT GUILTY .
(There was another indictment against the prisoner, upon which no evidence was offered.
Before Mr. Recorder.
209. GEORGE MARTIN (19) , Breaking and entering a building, within the curtilage of the dwelling house of John Latham, and stealing therein 12lbs. weight of plums, 1lb. of almonds, and other articles, value 12s., his property; and 1 knife, value 1s., the property of George Whitbread.
JAMES WESTBROOK (Policeman). On 21st Dec., at a little before 6 o'clock in the morning, I saw the prisoner carrying a bundle; I followed him about four hundred yards—he turned round and asked me what o'clock it was—I said, "Ten minutes to 6 o'clock; where are you going?"—he said, "To Greenwich"—I said, "Where are you coming from?"—he said, "What has that to do with you"—I said, "I am a policeman;" and he chucked the bundle down—I got him by the collar, and one of the Company's servants picked up the bundle—I opened it—it contained twelve pounds of plums, and a quantity of almonds, spice, and sugar—I searched the prisoner, and found this knife in his pocket.
Prisoner. Q. After you had knocked me down, was not it five minutes before the bundle was picked up? A. I did not lose sight of it; you said that you never had it.
JOHN LATHAM . I am a baker, of No. 22, High Street, Deptford. It is a detached house, enclosed by a high wall all round—on the morning of 21st Dec., I was called up at about half past 7 o'clock, and found my bakery broken into by the window, which was closed the previous night at 11 o'clock—theplace was in confusion, and a quantity of raisins, sugar and spice, were gone—the articles in the bundle were what I had lost—this wrapper was in my bakehouse that night—this knife belongs to a boy in my employ, and was safe in my bakery the previous night.
Prisoner. I bought the knife.—Witness. I saw the lad using it on the Sunday afternoon before the robbery—he is not here.
Prisoners Defence. I was in High Street, Deptford, and met a tall man and a short one; the tall one had a parcel, and the short one this bundle; they said, "Good morning," and the short one asked me if I would accept of a pipe of tobacco; the tall one said, "Will you take my parcel for me, as I have to call at a place?" we walked on, and the policeman came and asked what I had got; I said, "If you wish to know, ask this man;" the owner of it made a struggle for it, and as it was thrown down, there it lay for five minutes; I was taken into custody.
GUILTY .— Confined Six Months.
MARY THREADGOLD . I am servant to Alexander Dod, of Lee. On Saturday, 5th Dec., about a quarter past 1 o'clock, I had occasion to leave the back kitchen to go up stairs for five minutes, leaving the area door open, and when I came back a man was just leaving the area—I ran after him, but could not catch him; he turned round, and I saw his face quite plainly—the prisoner is the man—I saw a pair of boots sticking out of his coat pocket—I described him to a policeman—I missed two pairs of boots, and found one pair in the back area.
THOMAS WYBORN (Policeman, R 296). On 5th Dec., I was on duty, and saw the prisoner about a quarter of a mile from the prosecutor's house, going towards it—at a little after 2 o'clock I was passing the prosecutor's house, and received information and a description of the prisoner, in consequence of which I apprehended him in New Lane on Sunday morning, the 6th Dec.—thelast witness was with me, and identified him—I told him the charge—he said that he was not round that way on Saturday—I asked him if he remembered seeing me on Saturday—he said, "No"—I took him to the station—hethen said that he would admit that he was round that way, and that he also remembered my face, but he had not been near the house where the boots were stolen from—I did not find them.
Prisoner. They took me on the Saturday night.—Witness. Another constable in Deptford brought him out of a public house on Saturday night, and brought him to me—I said I was not satisfied whether he was the person, but would bring the witness down in the morning to identify him.
GUILTY .—He was further charged with having been before convicted.
WILLIAM KENDALL (Policeman). I produce a certificate—(Read: Central Criminal Court; Richard Watson, Convicted Sept., 1855, on his own confession of stealing in a dwelling house; Confined Four Months.")—I had him in custody, and was present at his trial—the prisoner is the man.
GUILTY **.— Confined Eighteen Months.
Before Mr. Baron Martin.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
STEPHEN ROBERTSON . I am a mariner, residing now at Frederick Place, Limehonse. On 20th Nov. last, I embarked on board the Caledonia at Hamburgh, for London—I had been shipwrecked, and was a Consul passenger returning to London—I went on board About 8 o'clock on Friday night—I did not see the prisoner personally till he was down below, for I could not tell who he was in the dark—I was standing by the gangway a little after 10 o'clock, I think it was, when he came on board—the deceased officer, Thain, came on board by himself—three other gentlemen were behind him, and two porters carrying the luggage—the prisoner came on board after Thain, accompanied by two gentlemen—they all went down to the fore cabin together—Iafterwards saw the prisoner in the cabin—he then had the handcuffs on his bands—he was sitting without his trousers, and was complaining that the irons were hurting him—that might be about half an hour after seeing him on the gangway, I cannot say exactly—the other men who had accompanied him had not left the vessel; they left after the prisoner had his irons on—we sailed about 5 o'olock the next morning, Saturday—the two gentlemen were standing at the doorway when I saw the prisoner in the private cabin—they were the two gentlemen who accompanied him on board; Thain was in the cabin with the prisoner—I did not see who put on the handcuffs—they were on him at the time I speak of—the officer said if he behaved himself he would treat him as a gentleman—he complained that the irons hurt him, that they were too small for him, and the officer sent for the captain—he said to the prisoner, "I have been warned of you; but I will take them off when we get to England, if you behave yourself"—I heard no more conversation at that time—there were three berths in the cabin—we sailed at 5 o'clock on Saturday morning—on Sunday afternoon, about 4 o'clock, I heard the report of firearms; I was lying down in a berth close to the cabin door, where the prisoner used to stop—on hearing the report I jumped out of the berth; and with my feet I drove in the door of the cabin, in which the prisoner and Thain were—on getting into the cabin it was full of smoke—I saw the prisoner and Thain; the prisoner was sitting on a chest, Thain was standing up, holding on to him with one hand, and with the other on his own breast—he said, "The prisoner has shot me"—I seized hold of the prisoner by his hands and dragged him out of the cabin—Thain came out with him, holding on to one arm, the other he kept on his own breast—I saw blood on his finger ends when he took them out of his breast—on getting outside the cabin door I asked the prisoner where the pistol was—he said it was lying on the chest where he had been sitting—I went back into the cabin and found the pistol where he had said—there was likewise some loose powder scattered on the floor—I asked the prisoner why he had done such a thing—hesaid the officer had broke faith with him; he had not kept his word as a gentleman, and he would shoot him or any other man like a dog who broke faith with him—he said he loaded the pistol alongside of the bed berth where they slept, by holding it up against the side; that he put the powder in by guess; there might have been one charge, or two, or three; but there was
quite enough to kill him—he said nothing further then—he was dragged on deck when that passed—he said he had got the pistol out of the chest he was sitting on; that he bought the pistol in Hamburgh, to shoot a man of the name of Miller who had swindled him out of 25l.—he said he got the pistol out of the chest by breaking down a brass thing that hung a lamp up—after that he was taken charge of by some of the crew of the vessel, and I had nothing more to do with him—since my return to England I have seen the dead body at Guy's Hospital—it was the body of the same person I saw onboard.
Cross-examined by MR. LILLEY. Q. What Was the day upon which you went on board the Caledonia? A. I am not a great scholar, but I think it was about the 19th, Friday night—I saw Thain and the prisoner on that Friday night—I was standing on deck close to the gangway when Thain came on board.
Q. How soon after Thain came on board did the prisoner come on board? A. They all came on board together—the officer (Thain) stepped on board fint, and the other three gentlemen were behind him—that is what I call coming on board together—I suppose the gentlemen were foreigners—I had no conversation with them, I heard that they were foreigners—they looked like it—they spoke English, with rather a German accent—they appeared to me to be Hamburgh police officers, but they had no uniform on—I sopposed they were officers from their bringing the prisoner on board—I do not know whether they were officers or whether they were private gentlemen—I said they were gentlemen—I believed them to be foreign gentlemen—the prisoner was handcuffed before they left—do not know who he was complaining to about the handcuffs hurting him; he complained to them all—he spoke in English what I heard—I do not understand German; I understand nothing but English—I think it was a little after 4 o'clock on the Sunday afternoon that I heard the report of the pistol—that was ihe 22d Nov.—I kicked over the cabin door and went in—the conversation I had with the prisoner was in the fore cabin, after he came out of the private cabin—the cabin was full of people by that time—there was great confusion aid excitement on board—I cannot say about any alarm—the people were all talking at once—ther seized hold of him and dragged him out, and they wanted to Lynch him there and then—some were for hanging him, and some were for stretching him, and some were for throwing him overboard.
COURT. Q. What is stretching? A. Taking hold of hit legs and arms and giving him a pull, and stretching all his joints at once.
MR. LILLEY. Q. About how many persons were surrounding him at that time? A. There might be twenty or thirty I dare say, most of them sailors—therewere ten or twelve American seamen among them, homeward bounders; it was them that wanted to stretch him—he was dragged on deck rather roughly; they did not handle him very softly—they were at that time threatening to Lynch him and stretch him, and throw him into the sea—he was not in a very excited state at this time; he only cried out with the pain of his arms being pinioned behind him; he had the handcuffs on, and a handkerchief was placed round the muscles of hie arms, and they were pinioned down tight, the elbows being tied behind—he said to them, "Throw me overboard, hang me, or do what you like, only do not torture me"—he might be agitated during this time, I do not know—I suppose "excited" means a man in a passion—he did not seem cool and collected, and he did not seem in a passion either—after he was dragged on deck, he was made fast with a piece of chain to a ring bolt, and set on the fore hatch—the chain was round
his ankles—he continued there some time through the evening, and then he was taken down below, into the fore cabin again—I ftist saw the captain after the man was shot, when the prisoner was an deck, after he was made fast to the ring bolt—I saw the prisoner again alter he was taken below; I went down with him, close behind him—some of the people followed him, and some stopped on deck; they were all fore cabin passengers—there were not so many persons surrounding him on deck as had surrounded him below; there might be a dozen, sometimes there was less—they came to him, teasing him now and then, asking him how he felt—the handkerchief did not continue fast round his elbows; the captain had id slackened; it wai quite slack, it might as well have been off afterwards; his arms were not pinioned until he was made fast to the ring bolt.
JOHN FREDERICK NOAKES . I am clerk to the Magistrates at the Southwark Police Court. I accompanied Mr. Combe, the Magistrate, on 28th Nov: last, to Guy's Hospital; I there found the officer Thain in bed, wounded; the prisoner was also there—Thain wai sworn; I swore him, in the presence of Mr. Combe—he then made a statement in the presence of the prisoner, which I took down in writing; this is the statement—it was read over in the hearing of the prisoner, and he was asked by the Magistrate if he wished to put my questions to Thain—he said, "No"—Thain signed the statement in my presence and the presence of the Magistrate—(Read;"Charles Thain saith as follows: I am a City of London detective police officer. On the afternoon of the 19th Nov. instant I had the prisoner in custody at Hamburg, and this day week we sailed in the Caledonia steamer, from Hamburg to London—we were in the cabin be asked me to take which I held the key of—on last Sunday, in the forenoon, the prisoner and I were in the cabin together—he complained of being ill—he aiked me to take the handcuffs off; I said I was not allowed to do it; he and I were in charge of the captain, who would not allow me to do it he said I had broken faith with him—I said that faith was not placed in my hands at sea, but when we arrived in England I would take them off if he behaved himself—we turned into our berths in the saane cabin—about 20 minutes before 4 o'clock, I got up and left the cabin, and went to the water closet, having locked up the cabin, and left him there—I returned in about a quarter of an hour—I went into the cabin, and found he was sitting on a folding carpet stool, directly opposite the centre of his berth—I said, "Mr. Sattler, aint you going to have any tea to-day?"—hesaid, "No, I do not think I will"—I had a Mackintosh cape in my hand, and while I was in the act of placing it away, he stood upy and all at once he fired at me—I felt wounded on the right nipple, and cried out, "Murder!"—I laid hold of my bag, which was on my bed, and I laid hold of the prisoner and dragged him out, and told the men to secure him, as I was shot; and I was taken to the after cabin.' "
JAMES WHITELEG . I am an engineer, residing at Manchester. I was a passenger on board the Caledonia, from Hamburg to London—I did not see the prisoner and deceased on the Saturday that we sailed—I saw them on the Sunday, they were near the fore cabin—nothing took place between them in my hearing on that occasion—I noticed that the officer was very kind to the prisoner; he inquired if he would take anything, and I thought it was very kind of him—about 4 o'clock that afternoon I saw the officer wounded; about twenty minutes after that I saw the prisoner; he was then on deck, seated upon a cover which covers a portion of the ship in which the cargo is placed—Idid not say anything to him further than apologize for stepping upon him, for it was then dark—I stepped on him and laid, "I beg your pardon, sir."
and when I heard his voice I knew it was the prisoner—I am not aware that anything more passed then; shortly after he went down into the cabin—I went down immediately after—I asked him if he was aware what he had done—he said he had shot the officer—I said, "Yes you have, you have shot him in the right breast;" he said, "No, it was the left one"—I said, "No, you have shot him in the right one"—he asked me if the balls had gone through and through; I said they had not—he then asked me if I thought the officer would die; I told him I did not think he would—I asked him if there were more balls than one; he said, "Yes, there were two"—I said, "You are guilty of a very rash act; I am very sorry for it"—he said the officer had not kept faith with him; that when he was in Hamburgh he had promised not to iron him, but when he got him on board the ship he put the handcuffs on him; and that he told the officer at that time if he had him one half hour alone what he would do—he said he could not look over it, the officer had broken faith with him, and he would shoot a man like a dog who broke faith with him—he said he had bought the pistol in Hamburgh, to shoot a man who owed him 25l.; he mentioned the gentleman's name, but I cannot remember what it was—he said it was his intention to have taken him in his coach outside the town and to have shot him—he said, "I subsequently suggested that I would take my own life, but the officer came on me rather suddenly, and I told him,'The pistol is as well in your breast as in mine'"—Ibelieve he also said that he was a Deist, a robber, and a murderer; that he had shot the officer, and he supposed he should be tried for it—when I told him that I thought the officer would die, he said he ought to have done, for there was shot sufficient in the pistol.
Cross-examined. Q. Just recollect yourself as to the time after you saw or heard of Thain being wounded, was it not very soon after that you had this conversation? A. I shonld say, to the best of my recollection, about twenty minutes after; I could not swear, but I should not say it was less than twenty—Iknow that I have been examined before—I remember a conversation between me and Thaine after I saw that he was wounded, which might occupy some ten, twelve, thirteen, or fifteen minutes, I cannot say exactly; and that was before I had the conversation with the prisoner—I give that as a reason why I mention that time—I believe there was some attention shown to the wounded man; I was present while that attention was shown—I believe that no other conversation took place between the prisoner and me on deck besides what I have mentioned, I cannot remember any; it is my conviction there was no other; I will not swear positively—I was not aware that I should be called upon at the time, consequently I did not take particular notice of these things—when I held the conversation I have mentioned, there were many other persons present; I cannot say how many, I did not notice; the cabin was full—I am not aware that others were speaking at the same time; the people were lounging on the table listening to all the prisoner said—they were not teasing him—I did not see any teasing at all, nor hear any—I did not hear any threats of throwing him into the sea, or lynching him, or stretching him—Iwill not undertake to say that during the time I was there no one was doing or saying anything to him besides myself—I know the witness Robertson by sight—I saw him on board; I saw him in the cabin at that time—whilstthe prisoner was talking he appeared very calm and collected; there might be a little inward excitement, but I could not swear that there was any positive excitement; there was no manifestation of any excitement that I observed—I should say it was about ten or fifteen minutes after he was brought off deck that I went to him in the cabin with others—there was one
passenger with him on deck at the time I stepped upon him, but who that person was I did not stop to ascertain; I returned to the saloon—I do not recollect hearing what that person said—that was the only person I then saw.
STEPHEN FROST . I was the commander of the Caledonia—she is an English vessel, trading between Hamburgh and London—I do not remember Thain coming on board—I remember seeing him the morning after he did come on board; that was Saturday morning, the 21st—he came on board over night—thevessel was at that time lying alongside a floating bridge at Hamburgh—thatis a place to which the tide flows—Hamburg is about sixty miles from the mouth of the river—when I first saw Thain on the Saturday morning, he was on deck—I did not see the prisoner then; I saw him a very few minutes after; he was in a small cabin that I had allotted to him and Thain, in the fore cabin—I did not give the key of that cabin, to Thain; the steward had given it to him; I had nothing to do with it—it had been given with my authority—on the Saturday morning, I went down into the small cabin with Thain, at his request—when I saw the prisoner, he had handcuffs on—they were taken off by Thain, when I went down, relieved, and put in another position—Thain had wished me to be present when that was done; the prisoner complained of being uncomfortable—I think this was about 10 o'clock in the morning—we left Hamburg at 4 o'clock that mornings—this was some hours after we had sailed down the river—we had not got out of the river into the sea—we were coming gently; there was not sufficient water; we had several bars to cross, which we could not accomplish; that was the cause of our detention—nothing particular happened until the Sunday afternoon—Iheard no cry of murder, or any alarm—I was in the saloon, which is in the after part of the ship, and saw Thain; he was wounded—I was sitting on the sofa; and as he came in I looked round, and he said, "Captain, I am shot"—he was brought to the saloon; he walked aft—I then opened his waistcoat, and ascertained that there was a gunshot wound in his right breast—there was no medical man on board—I did what I could for him; we bathed him with warm water—after this, I went on deck—I saw the prisoner there, in the charge of several of my men—I asked him how he came to do such a deed, or act, or something to that effect—he told me that he at first did not intend to do it, but he had not sufficient time to conceal the pistol—he did not say what he did intend to do—he said he did not intend to do it, but the officer came in on him unawares, or something to that effect, and he had not time to conceal the pistol—he said nothing else—I had no more conversation.
Q. Just attend; when he said he did not intend to do it, did he say for what purpose he had loaded the pistol? A. I am pretty certain he told me it was for himself, but I cannot bring to mind just at this moment; I think he did—I afterwards received a pistol from Butcher, the mate, which I have since given to Jarvis the officer; also some powder and caps, and other things found in the cabin—the pistol appeared to have been recently discharged—I received a bag from Thain; everything was taken into the saloon—I gave that up to Jarvis on my arrival in England, and all its contents, which I am not aware of—when we arrived off Sheerness, I obtained the assistance of a naval surgeon—I went there for that purpose, and subsequently Thain was landed, and taken to Guy's Hospital—I did not see him there alive; I saw his body—as far as I saw of him, his conduct was kind to the prisoner during the time he was on board.
Cross-examined. Q. When you went on deck, the prisoner was fastened to a ring bolt, was he not? A. Yes.
Q. Were not the words that he used in reply to your inquiry why he did the deed, "I did not intend it for him, but for myself?" A. Well, as I said before, it was something to that effect, but I cannot say word for word—to the best of my belief it was as I have stated, that he did not intend to do it at first; but as far as respects the other part, that he meant it for himself, I will not swear to be positive; it was some words to that effect—his words were to the effect that he did not intend to do it at first, but he came unawares upon him, and he had not time to conceal the pistol—I think the words he used were, "I did not intend it for him, but for myself;" but time has slipped by, and I cannot recollect word for word—at that time I had ordered the handkerchief to be loosened from his arms.
MR. LILLEY to JAMES WHITELEG. Q. Did not the prisoner say that he was sorry for what had been done, or what had happened? A. He said to me, in German, "I am sorry"—I speak German a little—I know German enough to understand that was the meaning of the observation—he said to me, "Tell me, sir, if this man is married?"—I said, "I do not know; it is possible"—the prisoner had a decided preference to speaking in a foreign language; I invariably answered him in English—he spoke to me in very good English—I consider the prisoner a very intelligent man—I consider him capable of speaking the English language so as to be perfectly understood—thatis my opinion.
COURT. Q. Did you collect from his language that he was a foreigner? A. I did; my opinion was that he was an Italian; I am convinced that he is not an Englishman.
MR. LILLEY. Q. Was not the conversation carried on in Italian? A. That is not possible, for I do not speak one word of Italian myself.
MR. BODKIN. Q. The conversation was in German on his part? A. Yes—itwas after I had said it was possible the man might be married that he observed, "I am very sorry."
WILLIAM BUTCHER . I am chief mate of the Caledonia. After the officer had been shot, I went into the cabin in which he had been shot, and found certain articles, which I subsequently delivered over to the officer Jarvis; a box of percussion caps, a small packet of gunpowder, a portion of a gimble, a chest, a lamp, a porte monnaie, and several articles of wearing apparel—the witness Robertson handed me a pistol, which I handed over to Captain Frost—about 6 o'clock that same evening I spoke to the prisoner—I asked him the reason he committed such a rash act—his answer was, that Thain had broken faith with him, and any man that would do so he would shoot like dog—he was then on deck, but I heard him make use of the same expression several times previous to arriving in London, to passengers—the conduct of Thain towards the prisoner was very kind.
Cross-examined. Q. When was it you first saw him, or where, after you knew Thain had been shot? A. I first saw him about four or five minutes after the man was shot, in the companion, which is the entrance to the cabin; at that time the passengers were in the act of bringing him on deck—he was not dragged on deck, I was present—I heard a proposal made to hang him—Idid not hear it proposed to throw him into the sea—I did not hear him beg the passengers to throw him into the sea—I did not hear any of the American seamen or others propose to lynch him—there were seamen of all nations; when I say all nations, I mean English and others—I do not know what
countrymen they were; there were seamen of several nations—I am not able to say who brought him on deck, but they were passengers—he was brought on deck shortly after 4 o'clock; I was on the poop deck—the ring bolt to which he was attached is on the fore part of the deck—he did not appear to be at all in an excited state, not the slightest—from the time he committed the act he was as cool as I am at this present, until he was landed—he was quite cool when they threatened to hang him, as cool as I am at the present moment.
EDWIN HILL (City policeman, 415). I was on duty at the Bow Lane station, in the City, on 23d Nov.—the prisoner was brought there in custody by inspector Hamilton and a sergeant—he was charged with shooting the officer Thain—he had handcuffs upon him when he was brought; they were taken off while the charge was being entered in my book—he was then taken to a cell, and I then put on the handcuffs again—he wished me not to do that; he said so—he showed me his hands, and said they were very much swollen and very so, and he wished I would not do so—I said my orders were to do so—I could see that his hands were swollen—he got into a passion about it—he said that I was like Thain, I was a hypocrite, and that he would shoot me as he had done him—I then put them on—I do not recollect any more that he said—he told me he shot Thain became he was a hypocrite, because be put the handcuffs on him; it was through those handcuffs that he shot him.
COURT. Q. Just endeavour to recollect yourself, and tell as the words he used? A. He said that he had shot Thain, through those handcuffs which I had put on (I had put them on then), and he would shoot me the same as he had done him, because I was a hypocrite the same as he was—I believe he said no more; I do not recollect anything more.
MR. BODKIN. Q. Did he say anything about himself, about his heart? A. Yes, the next morning he said, in the presence of the other officer, that his heart was divided into two parts, one was for revenge, and the other was for forgiveness; that he had no middle partition in his heart, as the English had, and if any man showed to him sympathy he would return it by cutting the flesh off his bones; and the other part was for revenge, and that he would have it—I cannot remember anything more that he said.
Cross-examined. Q. Were you examined before the Magistrate? A. I was not, nor before the Grand Jury; this is the first examination I have had—Itook down the conversation the following day, the day that he went to the Mansion House—that was the day after he was brought to our place; he was brought there in the evening—a portion of the conversation took place that evening when I received him, and the remaining part was in the morning, about revenge and forgiveness—I did not say anything to him to induce conversation—I said nothing to him to bring the conversation from him; it was voluntarily given to me—what he said was voluntary; I said nothing to him to lead to it—I said nothing at all to him only in the way of duty—I had charge of him, to know his wants and to supply them.
THOMAS CUNNOCK (City policeman, 451). On 23d Nov., I had charge of the prisoner, at the station house, from 8 o'clock till 6 in the morning—duringthe night, he made a statement to me in reference to the death of Thain—I had not said anything to him to induce him to make any statement to me—in the first place, he asked me how the officer was; and I told him I thought he was a little better—he asked me if I thought he would die—I told him no—he said he wished he had killed him on the spot; that was his intention—he said he should not have done it, if the officer had behaved to
him as he promised he would—he said he had plenty of chances to take his life away before he went on board, for he had a knife with him—he said that he wished he had killed him—he repeated it over again, he wished he had done it before he went on board.
Cross-examined. Q. Were you before the Magistrate, or the Grand Jury? A. No; neither—this was on 23d Nov.—it was in the first part of the night, between 8 and 9 o'clock—he had not gone to bed—I was sitting in the room with him—I was not holding conversation with him—he told me this—I never asked him—I said nothing—I positively state that I held no conversation with him on any subject—I was a stranger to him—he was in my company from 8 o'clock till 6 in the morning.
ALEXANDER MASON MCDOUGAL . I was house surgeon at Guy's Hospital. I remember the deceased officer, Thain, being brought there—he was suffering from a gun-shot wound on the right breast—he was attended in the hospital until his death—I saw him—he died on 4th Dec.—I was present at the post mortem examination—his death was occasioned by the wound—there was no doubt whatever about that—I found three pistol balls about him—I have them here (produced)—here is one in a portion of the diaphragm, in which it was lodged—they had inflicted fatal injuries, of which he died—(looking at a pistol produced by Jarvis)—the balls I found would go into this pistol; but the barrel of the pistol is larger than the diameter of the balls.
Cross-examined. Q. Could you judge, from the character of the wound, whether it took place near or distant? A. It took place near—I have the means of judging, from the nature of the wound iteelf, and the singeing of the coat—the coat was singed.
Q. Could you tell, from the direction of the ball, whether the wound was received sitting or standing? A. In all probability Thain was stooping at the time the ball entered; but I cannot be certain upon that.
Q. Would the position of a man stooping over another, and endeavouring to raise him by the arm from a sitting position, correspond with the direction and nature of the wound? A. It might be so; but that would not be at all a natural mode of raising him—I think it is possible; but he would be using only one arm—it must have been the right arm that was used, because the weapon must have been fired on the right side of the man.
Q. In your opinion, might that have been so, as far as you could judge, from the nature of the wound? A. He might have touched him with his right hand.
WILLIAM JARVIS . I am one of the detective officers of the City of London—thedeceased, Charles Thain, was also a detective officer—early in Nov., information was conveyed to me respecting a robbery which had been committed, of Mr. Ballantine's property—I and Thain were engaged in endeavouring to trace the robbery, and to arrest the person who committed it.
Q. Was it publicly known, and publicly advertised, that this robbery had taken place? (MR. LILLEY objected to the question. MR. BARON MARTIN inquired the object of this evidence. MR. BODKIN proposed to show that Thain was aware of the robbery having heen committed. MR. BARON MARTIN did not think that would carry the point further; and the question was withdrawn.)—On 23d Nov., I went to the St. Katherine Dock, and found the Caledonia lying there—I saw Thain on board—certain property was handed over to me on board the vessel on that day, which I have produced here to-day, a travelling-bag, a sponge-bag, some razors, a 5l.-note, and a breast pin; some collars, socks, and other articles—I also produce a shirt which I got from the Spread Eagle, Gracechurch Street—it was given to me by Emma Mille,
the chamber-maid—so conversation took place between the prisoner and me on board the vessel—when I arrived in the fore cabin, there were several persons there; and one of them said to the prisoner, "How came you to commit such an act?"—another said, "You must be mad to do it; how could you load it?"—he was handcuffed at the time; and he then went through the motions, to show how he did it—he said, "I placed the cannoon (meaning the pistol; he called it a cannoon) in the corner of my bed, and poured the powder in; it was dark; I could not see what I poured in; I could not ram it home; the officer came in: I shot him; and I suppose I shall be tried and hanged for itn—he said, "There might have been enough in the pistol for two, three, or fcrar charges"—I took him into custody—I have produced the pistol—it was given to me by the captain.
Cross-examined. Q. Did the prisoner at thai time say that he had intended it for himself? A. He did not; not at all, not a word about it—I am not aware that any conversation took place except when I was present.
Q. Are you quite sure that he did not say, "The officer came in suddenly, or unexpectedly," or words to that effect? A. I did not hear the word, "suddenly," mentioned—I should say it could not have been mentioned without my hearing it, for I sat there very quietly—I should say there might be about ten persons there—I believe two were holding conversation with the prisoner—there were not more than two holding conversation with him—I took no part at all in the conversation, for I had not got the prisoner in custody at that time—when he said, "I suppose I shall be tried," he said, "What won't a man do in despair?"—I omitted that.
BENJAMIN EASON . I am chief warder, at the gaol at Wisbeach—the prisoner was confined there in Oct. last; he was discharged on the 28th—I visited him every day, and several times during the day—I recollect having a conversation with him about a week or ten days before his discharge—he asked me what he was to do when he got his liberty—I told him he must endeavour to obtain an honest livelihood—he said if he asked for employment Englishmen would not give him any—I told him he would not be allowed to starve in a Christian country, he must ask for relief—he said, "It's not a Christian country, I will not ask for relief; if I cannot get employment I will thieve, I will steal, and if any one attempts to take or prevent me, I will shoot him like a dog."
Cross-examined. Q. How long was he under your care? A. About three calendar months and a week; he was under remand for a week—he was brought to Wisbeach gaol on 23d July, and he was convicted on the 29th—Ihad no dispute with the prisoner; I never had any particular dispute, any more than once or twice I had slightly to complain of his not finishing his work exactly, but nothing of any consequence—there was nothing that I ought to have informed the Governor of and would not: nothing of the kind, I am quite positive—there never was anything of the kind that I ought to have reported to the Governor and neglected to do so—there was not the Slightest cause of dislike that I entertained towards the prisoner—I never said that I would tell the Governor that I had a quarrel with him; I never had any quarrel with him; it is not my duty to qttarrel with prisoner—I had no dissatisfaction; there has been the same with him as with other prisoners, I have had occasion to complain of a morning about the work not being done: about the oakum—I have had occasion to complain of his not doing his work, and I have reported such circumstances to the Governor; and I think once, if I recollect right, he lost one hour's exercise, for it—I persist in saying that there was not the least misunderstanding, altercation, or difference between
us, that I am aware of, no more than with any other prisoner in the gaol—hewas in prison for stealing a parcel containing baby linen from an office in Wisbeach.
SAMUEL ROBERT GOODMAN . I am chief clerk at the Mansion House—the prisoner was brought before the Lord Mayor, in the first instance, on the charge of shooting Thain, the officer—I have the charge sheet before me—it is "For shooting on the high seas at 4.15 p.m., on the 22d instant, detective sergeant Charles Thain in the right breast, with intent to murder the said officer"—four or five witnesses were examined on that occasion—the prisoner was asked by me whether he wished to put a question to the witness, Mr. Whiteleg, who had been examined—instead of putting any question, he made a statement which I took down from him—I have it here. (Read: "I am guilty. I confessed it the first time. I search not to diminish my case; but what that gentleman (Mr. Whiteleg) says is perfect invention; it is falsehood from one end to the other. I did not know which side I struck him, it was dark.") I then read that carefully over to the prisoner, and asked him if that was what he had said? and he said "Yes." After that examination, the case was proceeded with at the Southwark Police Court—the deceased died out of the jurisdiction of the City Magistrates—I do not know whether I need mention that I saw Thain previously to his going to Hamburg; he made an application for a warrant with respect to Mr. Ballantine's robbery—Mr. Ballantine was with him—Thain and Mr. Ballantine together made the application. (MR. LILLEY objected to this evidence, the application in question being made in the prisoner's absence, and it having no bearing on the present charge. MR. BODKIN, rather than have a discussion upon the subject, did not pursue it.)
ARTHUR BALLANTINE . I carry on the business of a stockbroker, in the city of London. On 2d Nov. last I was at St. Ives, in Huntingdonshire—Istopped at the Golden Lion Hotel there—I had with me a Mackintosh cloak and a carpet bag—they were safe in the commercial room between 6 and 7 o'clock that evening—the carpet bag contained bank notes and wearing apparel—the total value of the money was a few shillings under 234l.—among other things there was a gold breast pin and a 5l. country note, of Vesey's bank—I identify this gold breast pin produced by Jarvis, and this (produced) is one of the notes that was in the bag—I know it by the number—I also know this waterproof sponge bag, these two razors, and these two brushes, these socks and linen collars—I cannot identify these two notes for 25l. and 10l.; I had notes of that amount in my bag—I had received 150l. altogether from Robarts, Curtis, and Co., the bankers—there were twenties and tens amongst them—I had received them either on the Friday or Saturday previous to my going, I forget which—I missed the bag and cloak about a quarter to 7 o'clock on the evening of 2d Nov. (MR. LILLEY wished it to be understood that he objected to the whole of this evidence as irrelevant to the present issue, and as calculated seriously to prejudice the prisoner—MR. BODKIN tendered the evidence, as being in one point of view most material, in order to prove that a felony had been actually committed.—MR. LILLEY submitted that it was perfectly immaterial to the present issue whether or not the prisoner had been guilty of any felony.—MR. BARON MARTIN considered the evidence most material; it was an important question in this case whether the prisoner was lawfully in custody, a point which did not appear to his mind very clear.—MR. JUSTICE WILLES expressed his opinion that an English ship was equivalent to English ground, and that the law applied equally to both; at the same time, for the purpose of establishing the lawfulness of the custody, it was material to show that a felony had been committed.—The evidence was therefore received.)—
The Mackintosh produced is mine—I obtained the assistance of the local police at St. Ives, and saw Mr. Brown, the superintendent, on the subject of my loss—I returned to London the following morning, and on the next day I think I saw Thain on the subject and gave him instructions—I saw him start for Hamburg—I was perfectly aware that he was going—I never saw the prisoner until he was in custody.
ALEXANDER BROWN . I am superintendent of police at St. Ives. I remember a complaint being made by Mr. Ballantine of a robbery of a bag and cloak, about 7 o'clock on the evening of 2d Nov.—I know the prisoner—Isaw him at St. Ives on the morning of that 2d Nov., about 9 o'clock, I think: it was before 10 o'clock—he asked some question of me—I did not see any more of him until he was in custody at the Mansion House—I took the usual means of making this robbery known—I came up to London—I obtained a warrant from the Magistrate—this is it (produced)—I got it at St. Ives; it is a warrant to apprehend the prisoner on that charge—I put myself in communication with the London police.—(The warrant being read was addressed to the constables of St. Ives, and all other constables, authorizing them to apprehend Christian Sattler.)
Cross-examined. Q. I suppose you only saw him for a moment or so, when he asked you some question? A. Yes—I had seen him before that; I am quite sure of that.
PHILIP ALDRIDGE COWARD . I am a clerk, in the house of Robarts, Curtis, and Co. On 30th Oct. last, I paid Mr. Arthur Ballantine some money—I took down the numbers of the notes I gave him—I have the entry here—amongothers I paid him a 20l. note, No. 42,535, dated 8th Aug., 1857, and a 10l. note, No. 82,305, dated 5th Sept., 1857—these (produced) are the notes.
ROBEBT COLE . I am a pawnbroker, in Bridge Street, Cambridge. On the morning of 3d Nov., the prisoner came to my house about 11 o'clock—Cambridgeis thirteen miles from St. Ives—he brought this Mackintosh, and pledged it for 5s. in the name of Pickard—about 1 o'clock the same day he came again, and asked to see a watch, which he bought for six guineas—he proposed to pay for it with a 20l. Bank of England note—before giving him change, I sent the note to my bankers to have it examined—after some report was brought back to me, I gave him the full change—he bought some other things of me—I cannot say that this is the note; I paid it away to my bankers, Foster and Co., the same afternoon—that was the only 20l. note I paid in that day—at the time this dealing took place with the prisoner I saw that he had several notes, which he said had been sent to him by his father living at Glasgow—when this robbery was heard of, I at once communicated to the police what had taken place.
Cross-examined. Q. Can you say whether the notes you saw were Bank of England notes, or country notes? A. No, they were bank notes—I had never seen the person before that day—I should say I was dealing with him half an hour from the beginning to the end—I kept him in conversation while my messenger was gone to the bank to inquire as to the note; and it was during that time that he informed me that his father, living at Glasgow, had sent him the money—he was not aware that I had sent out the note—I am quite sure of that; I did it privately—he remained with me during the time—he did not express any impatience to have his change.
MR. BODKIN. Q. Have you the slightest doubt of his being the man? A. Not the least.
my book here—this 20l. note was paid in by him on that day—that was the only 20l. note that he paid in on that day.
Cross-examined. Q. Did you yourself receive it? A. I did—I recollect it perfectly.
EMMA MILES . I am chambermaid at the Spread Eagle, Gracechurch Street, London. I know the prisoner—I remember his sleeping at that house on the night of 3d Nov.—he left between 7 and 8 o'clock on the Wednesday morning—after he had left, I found a shirt on the bed—I afterwards gave it to the barmaid to give to Jarvis, the officer—it was a shirt like this (produced)—I could not swear to it—I gave it to the barmaid at the bar—the officer was not present—I gave it to her about 10 o'clock the same morning—the officer did not come for it that day—I do not know when it was taken away.
Cross-examined. Q. You have a number of travellers visiting your house, have you not? A. Yes, and sleeping there—I have to attend to them all—Iknow that the prisoner is the man that slept there that night, and left the shirt—I think that is the man—to my nearest recollection he is—I cannot swear to the shirt—I know this was on 3d Nov., because it was the cleaning morning—we clean every week.
Cross-examined. Q. Is there any mark on it? A. No; no particular mark—I know it by the colour, and the make, and the size.
DANIEL CHURCH . I am a chemist, in Gracechurch Street. I remember on 3d Nov. last, about a quarter past 10 o'clock at night, a person coming to my shop to make some purchases—it was the prisoner—my shop is about six doors from the Spread Eagle—he purchased this pot of pomatum, a hair brush, and a piece of sponge—the pomatum pot has my name on the, label—thethings he bought amounted to 12s. or 12s. 6d.—he offered in payment two halves of a country note; which I refused to take, it not being our practice to change country notes for strangers—he then asked me if I had any objection to change a 10l. Bank of England note—I did that—this is the note (the one produced)—I desired him to write his name, which he did in my presence—itis "Christian Koch, King William Street, Strand."
Cross-examined. Q. Had you ever seen the person before. A. Never—Isell a very great number of these pots in the course of a year—I do not say this is the identical bottle I sold the prisoner—I say I sold one answering that description.
WILLIAM JARVIS re-examined. I received the shirt that has been identified by Mr. Ballantine, at the Spread Eagle tavern, in the presence of Emma Miles—I cannot recollect on what day—Mr. Ballantine had previously seen it there, and he gave me information that it was there—Thain had the inquiry there in the first instance—Emma Miles was present at the time I received it—I wrote her name on the wrapper at the time—the 5l. note of Vesey's, and the gold pin, I found on searching the carpet bag, which Thain gave me—he was then in the after cabin of the Caledonia—the waterproof sponge bag, the brushes, and razors, I found in a black canvas bag, handed to me by the captain in the fore cabin.
STEPHEN FROST re-examined. I cannot tell how this black bag came on board the vessel—it was in the fore part of the vessel, where the prisoner and Thain were—it was found in the cabin, where they alone lived.
Cross-examined. Q. Did you yourself find it? A. No—I was present when it was found, and saw it found.
MR. LILLEY, before proceeding to address the Jury, requested from the
learned Judges some expression of opinion as to their view of the law in this case, that he might know to what point his observations should be directed. MR. BARON MARTIN was not aware that such a course had ever been taken; it was for the learned Counsel to submit any proposition, and then for the Court to give an opinion upon it; there were certain points which, upon the evidence, might he said to be clearly established, viz., that the prisoner was a foreigner, that he was in a foreign state at the time he was arrested, that he was brought by force and against his will on board an English ship, and was there immediately put in handcuffs, and so continued to the time the act was committed; various points might be submitted upon that statement of facts, but those points should come from the Counsel, and not from the Court.
MR. LILLEY then proceeded to contend that the prisoner was not in legal custody; that his apprehension was forced and wrongful; that being a foreigner, he was not amenable to the English law; that no proof had been offered as to whether or no any treaty or convention with Hamburg was in existence, and therefore the case must be governed by the statute and common law of the land, according to which the arrest was clearly wrongful. The learned Counsel was about to call the attention of the Court to the terms of the warrant, but MR. BARON MARTIN considered that the warrant might be entirely put aside, as the officer had no authority whatever under that, MR. LILLEY then urged the proposition, that a peace officer was to be considered in the strict discharge of his duty only when executing the process intrusted to him; his authority ceased with the limits of his district; and if he attempted to execute process out of the jurisdiction of the Magistrate under whose orders he acted, and was resisted, and death ensued, the offence would in that case be only manslaughter; as an authority for that proposition, he referred to Roscoe, 735, from Hole's Fleas of the Crown, 458; it had also been held, that a person resisting and killing a bailiff executing process out of the limits of his bailewick, was guilty only of manslaughter; and theft was the analogous case of a keeper, under 9 Geo. 4, c. 69, in Russell on Crimes, 611; Rex v. Warner, Moody's Crowm Cases Reserved, p. 380. He further submitted, that if the original arrest was wrongful, it could not be cured by the subsequent detainer on board a British ship, the prisoner owing no allegiance to the English Crowm. See Q. v. Dadson, 2 Denison, p. 35; also Rex v. Addis, 6 Carrington and Payne, 386.
MR. BODKIN submitted, that it would be taking zzza very erroneous view of the case to suppose that it turned entirely upon the lawfulness or unlawfulness of the custody in which the prisoner was; there were materials for taking the opinion of the Jury upon the evidence, as to whether the act in question arose out of an attempt to apprehend or detain the prisoner, or whether it was not a preconceived and deliberate intent, founded in malice; in which case, the question of lawful or unlawful custody would not arise; but he was prepared to contend that the custody was lawful: it was true that the officer was not entitled to the protection which he ordinarily would have acting within his jurisdiction, whether he had a warrant or not; but it was open to any one of the Queen's subjects to take a felon; the responsibility of so acting attached much more strongly to a private individual than to an officer; and if an officer interfered with a man who was charged with, or suspected of having committed a felony, he would be sufficiently justified if he showed a reasonable degree of suspicion existing against him at the time of the apprehension; not so the private individual; he would be bound, if his authority was questioned, to show that the felony for which he took the party, had, in fact, been committed; and it was with that view that evidence had been adduced to show that the prisoner was guilty of the felony for which he was apprehened; the opinion of the Jury
ought to be taken, as to whether the prisoner was brought by force and involuntarily from Hamburg; he submitted, from the prisoner's own declaration, that he should not have done the act if the officer had not broken faith with him, that there was an agreement between them, by which he voluntarily undertook to come to England; in all the cases referred to by MR. LILLEY, the question had been, whether the attempt to arrest the party at the time of his apprehension was lawful or unlawful, and if unlawful, whether the offence was reduced to manslaughter; but no case could be found where, after a submission to the taking, the party had recourse to a deadly weapon, from some private motive of complaint, and then sought to reduce the offence below murder, by a subsequent objection to the authority under which he was confined; he would suppose the case of a man in gaol on a bad warrant, and that before it was discovered to be bad, a new warrant was forwarded to the gaol; would not that be a new justification to the gaoler for detaining the man? so, supposing the river at Hamburg was not a place within the jurisdiction of the Admiralty, which might be open to some question, yet, as soon as he came on the high seas, the officer would be in an analogous position to the gaoler; in that ease, the prisoner's being a foreigner would make no difference; he was on board a British ship, and therefore subject to British law, and the moment he arrived on the high seas, any person was at liberty to take or detain him, and bring him here to answer to a charge of felony, on the condition that that person, if not an officer duly authorized to act within his jurisdiction, proved the felony to have been in fact committed; it could not be suggested that this was an act done with a view to escape from the detention of the officer, the situation of the parties precluded that; and the inference was thereby strengthened, that the act was one of express malice; the case of Reg. v. Dadson, which had been quoted, went to show, that in any attempt to justify, it must be shown that the parly had a knowledge of his right to resist; now, taking the converse of that, it was a matter to be inquired into, whether the prisoner, at the time he discharged the pistol, possessed any knowledge of the illegality of his detention, for such knowledge must be proved to be present in the mind of the man who sought to avail himself of it. On these grounds he submitted, that the apprehension, if not legal in its inception, became so as soon as the party arrived in the jurisdiction of England; and that, as a private individual, the officer had a right to detain him, and bring him here to answer the charge, having shown the suspicion to be justified, by proof of the felony committed.
MR. SLEIGH, on the same side, called the attention of their Lordships to a passage from Alison's "Crown Law of Scotland," p. 28 (see Russell, 622), to the effect, that if the act done, arose from other causes than the illegal arrest, and had no reference to it, the illegality of the arrest ought not to be taken into consideration, because it was not the cause of the act, and therefore could not be truly said to have afforded any provocation for it; taking the prisoner's own declarations into consideration, he submitted, upon that authority, that the act had no reference to his previous arrest being legal or illegal.
MR. LILLEY replied, and requested, that if their Lordships entertained any doubt upon the point, as the case involved a grave constitutional question, they would reserve it.
MR. BARON MARTIN . "I believe we are both agreed upon the course that ought to be pursued in this case; there is very great difficulty about it, because there are two ways of looking at it,—the one, whether the prisoner was in lawful custody at the time the transaction took place; and the other, whether he was in unlawful custody. In my view of the case, considerable difficulty may arise upon that matter; at least, I entertain a doubt about it. My learned brother entertains a stronger opinion on the question than I do; but I believe we are
both of opinion that there is a question for the Jury, whether the offence is or is not murder. If the man was in legal custody, any attempt to release himself, which is the most favourable way of putting it, would in itself be an illegal act; and if in the course of that illegal act he killed the officer having him in custody, I apprehend, without reference to what his motives might be, that would be simpliciter murder; but assuming that he was not in legal custody, there would be then a question for the Jury whether or not the act which he did in taking away the life of the deceased, was done by him from a motive of revenge and bad feeling towards the man, or from a variety of mixed motives; one of which might be the feeling that he was wrongfully in custody, and that he had been put in irons contrary to the alleged agreement between himself and the officer; whether that state of mind might be induced by a continuous treatment of that kind for forty eight hours. If the Jury believed that the act was committed under feelings and influences of that sort, and they thought that was such a reasonable provocation to a man of firm and rational mind as to induce him to do this act, without attributing it to conduct which would be properly considered as indicating malice aforethought, then the offence would be reduced to manslaughter. We were very desirous of having the question of lawful arrest submitted to the Court of Criminal Appeal; but found it impossible so to shape the case as to take the opinion of that Court upon it; therefore, with the concurrence of my learned brother, I propose to deal with the question in the manner in which it was dealt with by MR. BODKIN in his opening, and to take the opinion of the Jury, upon the facts which actually exist, whether this was murder or not; and I am clearly of opinion that there is evidence to go to the Jury, that the prisoner has committed the offence of murder.
MR. JUSTICE WILLES. I entirely concur thai in the latter view of the case there is evidence upon which the Jury must pronounce whether the prisoner is guilty of murder or only of manslaughter. With reference to the question of lawful custody, considerations of great importance are involved. It appears to me that it must be taken that there is no extradition or treaty with Hamburg; if it existed, it would of course have been produced, because that would have set the matter at rest. The inclination of my mind is to consider that there was a lawful custody, on the ground that an English ship is the same as English land; and if so, the case of S. Scott, 9, Barnewell and Cresswell, goes to show that the custody was lawful, one from which the prisoner had no right to escape, It appears to me that in that view of the case, it was material to prove that the felony had been committed; otherwise it would have been open to MR. LILLEY to contend that no felony had been proved. It is unnecessary that I should say more on that view of the case, because I entirely concur with my brother MARTIN as to the extreme difficulty of bringing this matter properly before the Court of Appeal. It is a question upon which the Jury must pronounce (treating the custody as lawful or unlawful) whether the act was an act of murder or not. The case is now within their province, and I entirely concur in the course proposed to be taken.
GUILTY .— DEATH .
MR. BROOKE conducted the Prosecution, and MR. PHILLIPS the Defence.
GUILTY of the attempt.— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Two Years.
MR. T. ATKINSON conducted the Prosecution.
SAMUEL DUTTON . I am barman, at the Unicorn public house in Blackman Street, in the Borough. On Wednesday, 16th Dec., the prisoner came with another woman about 9 o'clock—the prisoner asked for half a quartern of gin—shetendered me a shilling, I said it was bad; she said she did not know it—Itold her it was not the first, second, or third time she had been there—I went round the counter and looked for a constable; I did not see one—one of them attempted to get out; but I kept the door, and sent over to the station; an officer came and took them in charge—I walked between the women to the station; and in going along I saw the prisoner drop something out of her hand—I picked it up and gave it to the constable, it was a counterfeit shilling—I also gave the constable the shilling that was tendered to me.
WILLIAM MANTELL (Policeman, M 241). I was called into the Unicorn by a boy, and took the prisoner into custody—I went with her to the station—onthe road this bad shilling was given to me by the last witness—he also gave me this other shilling at the house—I took from the prisoner a purse containing 16s. 8d. in good silver—the other woman was taken, but discharged.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two shillings are counterfeit, and these two shillings amongst the good money found on the prisoner are the patterns from which the moulds for these bad ones have been made—these good ones have been used for patterns.
Prisoner's Defence. When I went into the public house, I gave the shilling to the old gentleman; he said, "I don't like the look of this, have you another?" I gave him another; he took it, and gave me the change; this young man then came and said, "Let me look at the shilling?"—he took it, and went to fetch the policeman; the other that he picked up in the street I know nothing about it.
GUILTY .— Confined Nine Months.
MR. T. ATKINSON conducted the Prosecution.
CHARLES ROGERS (Policeman, P 351). On Friday, 18th Dec., I was in the Walworth Road in plain clothes, about half past 9 o'clock in the morning, and saw the prisoner—I tried to get in front of him; he saw me, and ran away—he walked very fast at first, and looked back over his shoulder to see whether I was following him—his right hand was in his right coat pocket—hecrossed the road, turned into Albany Place, and ran away—I lost sight of him for about a moment in Albany Place, when he turned the corner—I saw him again in Lime Street, but he ultimately got away from me in Poplar Row—next night, Saturday, about a quarter to 9 o'clock, I saw him in custody—as I followed him I saw a person named Powell at the corner of Weymouth Street, opposite Albany Place; I ran by him, and spoke to him—Isaw him afterwards throw from him these twenty counterfeit shillings (produced)—I have seen the prisoner before, and in company with others.
Prisoner. Q. Were you not in a public house the same evening drinking before the bar? A. No—I was there, you were not there—I went there to look for you because your companions were there—I have seen you about twenty times.
THOMAS POWELL . I am a shoe maker, of No. 1, Weymouth Street, New Kent Road. On 18th Dec, about half past 9 o'clock in the morning, I was standing at my door, and saw the prisoner turn the corner; he ran across the
road towards some garden rails, and deposited something between them—he ran up Lion Street, and in half a minute up came the policeman—I went over to the rails and found two parcels of shillings, no other person had passed—I broke them both open, and they both contained counterfeit coin—I took them to the station, and going along I saw the boy and two others return to the same place.
Prisoner. Q. Were there many people about? A. I do not think there was, not a soul—I cannot swear whether you threw this parcel or a stone, but on returning one of them went into the garden.
CHARLES SELSTON (Policeman, P 142). On Saturday, 19th Dec., I saw the prisoner at the top of a court in Canon Street, Walworth—I was in plain clothes—from information I had, I took hold of hit arm and said, "I charge you with having twenty counterfeit shillings in your possession on Friday"—sevenor eight boys were standing near him: one of them said, "That is a policeman," and ran away—the prisoner said, "It was not me as had the money, it was the one who has run away; I know nothing about it.
Prisoner. Q. Did not you say to Rogers, "Is this the one, Charley?" A. Certainly not; he said, "That is the man; Charley, hold him tight!"
Prisoner's Defence. I was at home and in bed at the time—I had a basin of gruel, and had my feet in warm water, and went to bed; my mother can prove it.
GUILTY . *†— Confined Twelve Months.
MESSRS. TINDAL ATKINSON and POLAND conducted the Prosecution.
SARAH KNAPP . My husband keeps a chandlers shop at No. 34, Tower Street, Waterloo Road. On Thursday, 24th Dec, about a quarter past 9 o'clock in the evening, the female prisoner came for half a quartern of butter and some cheese, which came to 2 1/2 d. together—she gave me a half crown; I bit it, and gave it to my husband, who said it was bad—she said she took it in change for a sovereign, and would take it back to where she took it from—my husband gave her back the half crown; she gave me a good one, and I gave her the change—she went out, and my husband followed her—this is the half crown; I know it by the mark I made with my teeth.
Cross-examined by MR. PHILLIPS. Q. Did you know her? A. No—I am quite certain this is the half crown; here is the mark, and it was of the reign of George III.
GEORGE JAMES KNAPP . I am the husband of the last witness; she gave me a half crown, and I gave it back to the female prisoner—she left, and I followed her—she joined the other prisoner—they stood about a minute in conversation, and walked away together; I followed them—I went with Titchener, who took the male prisoner into custody—the woman had parted from him; I followed her—she crossed the road—I went up to her, and said, "That young man across the road wants you"—she said, "I am waiting for my husband"—I said, "There is a young man gone along with a policeman, you had better come and see"—she said, "It is my son"—shestopped half way towards the station, and said that she would not go any further—I pressed her to go, as she would be locked up, and she went.
Cross-examined. Q. Were there a good many people about? A. I did not notice any one near them.
THOMAS TITCHENER (Policeman, L 185). I was on duty on 24th Dec., and Knapp pointed out the prisoners to me—they walked together about twenty yards; they then got near the Victoria Theatre; one crossed to the theatre, and the other to the Marsh—I said to the male prisoner, "You have got some bad poin about you?"—he said, "No"—I said, "Do you know that woman who has just parted from you?"—he said, "No"—she was then within a yard or two of him, going across the road—I said, "I shall take you to the station, as she has passed a bad half crown"—as we went along I heard something drop, but did not stop to search—I searched him at the station, but found nothing on him the first time—I went back to see the woman brought in by Knapp, and seeing the male prisoner very uneasy I searched him again, and found five half crowns between the leather and the cloth of his cap, and a florin in his waistcoat pocket—I said, "You are very clever, certainly"—I had searched both those places before, and they were not there—he might have had them in his hand or in his mouth—whenthe woman came in, she said, "That is my son"—I said, "You passed a bad half crown to Mr. Knapp"—she said that she did not know it was bad, she had it of her son, and gave it back to him when she found it was bad—I searched the place where I heard something fall, but found nothing.
Cross-examined. Q. Were there a great many people about the Victoria Theatre? A. No.
(The prisoners received good characters.)
ELIZABETH LANCASTER— NOT GUILTY .
WILLIAM LANCASTER— GUILTY .— Confined Twelve Month.
ADJOURNED TO MONDAY, FEBRUARY 1ST, 1858.