CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. FOURTH 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, February 1st, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL,
Knt., Ald.; Mr. Ald. CHALLIS; and Mr. Ald. HALE.
Before Mr. Recorder and the First Jury.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOHN TILL . I am a member of the firm of Stevens and Till, printers, of No. 22, Langley Place, Commercial Road East. The prisoner came to our premises on Friday, 30th Oct.—I saw him—he said he wanted 10,000 bills printed—he gave me this as a pattern (produced)—he said he wanted one printed as near as possible like that, as near as my type would allow me; it is in the same condition now, except being torn in getting it off the file—this is a bill for the baking powder—healso produced another label, similar to this (produced), for egg powder—thisis a part of it, the other is lost—I was also to print 10,000 of those in type as near as I could get it, but my type was not exactly the same as this; it was the same in words, but not in type, the words "egg powder" are a little larger—I do not think he said who he was on that occasion—he gave me his address as No. 10, Catherine Street, Stepney—after he left, I proceeded to print these labels—my apprentice, who is here, set up the type—the prisoner called again next day—I delivered him some of each kind of the labels, all I had printed—he did not on that occasion say who he was—aweek afterwards he brought me another label to print; they were ounce packets, larger packets—I have not got that label here—he wanted me to print 10,000 more of those—on that occasion he said, "Let me have some to-morrow," and speaking of finishing the order, he said, "My name is Ready-money George"—I had received directions on the first occasion to send them
to No. 10, Catherine Street—I received this letter (produced)—it is signed "G. Borwick"—I received that from a lad—in consequence of that letter I sent my lad with some of the labels to that address—my lad brought them back and could not find it—I then found our Mr. Borwick's address at London Wall, and sent the package to him—I afterwards received them back and sent them to the prisoner—10,000 of each sort were delivered to him.
Cross-examined by MR. SLEIGH. Q. Did you ever go to Catherine Street yourself? A. Yes, I went once—I did not find the defendant there; I found his wife there—this letter was handed to me by some boy—I never had any conversation with the defendant about it.
MR. BODKIN. Q. Was the boy that brought that, the boy that had fetched the printed things before? A. No—I had not seen him before, nor have I seen him since—the prisoner paid me for the whole of these things.
COURT. Q. Did he himself pay you? A. He paid the lad who took them home—that was not Little.
THOMAS LITTLE . I am an apprentice to Mr. Till—I have seen the prisoner at my master's premises about three times—I remember the first time he came—I saw him give a paper to my master to print by—my master gave it to me to set up the type—I did so—on the occasions when the prisoner has come there, he came to take some labels away—he took some of the labels away that were printed from the patterns—he paid me two 5s. deposit before we began the job.
Cross-examined. Q. Did you hear him say to your master that it was a ready money job? A. Yes.
MR. BODKIN. Q. What were the words he used? A. That he was Ready-money George.
MR. SLEIGH. Q. Did you hear the question that I put to you? A. Yes—thewords he made use of were that it was a ready money job.
COURT. Q. What were the words he used? A. He said he was Ready-money George—he said it was a ready money job, when the bills were done he would pay for them.
MR. SLEIGH. Q. Was not the word he made use of "job," a ready money job? A. Yes.
MR. BODKIN. Q. Did he also say he was Ready-money George? A. Yes.
HENRY EMBLEM . I am a corn dealer in Bedford Place, Commercial Road East. I know the prisoner—I had known him in the employment of a gentleman name Styles—he called on me on 3d Nov. last, and asked if I was a buyer of baking powders—I said, "No, I am not; I have only recently bought some of Borwick's"—he said he had got some that he had taken in the way of trade that he could sell to me—I said, "Whose are they?"—he said they were Borwick's, and in order to convince me that they were Borwick's he unbuttoned his coat, from which he produced a patent baking powder, and a patent egg powder—I took it from him and read it, and it was printed similar to this; they were folded up—I looked at them, and felt satisfied that I was buying Borwick's genuine baking powders, upon which I gave him an order for five gross of baking powders, and four gross of the egg powders—this(produced) is the bill he gave me—they came to 2l. 15s.—I knew him before—I did not know his name was Smith, only by the receipt on the paper—these(produced) are part of the packets that he sold me, some of each sort—thisis an article well known in the trade; customers when they come in ask for no one's but Borwick's, and they will not take any other, they know it is of so genuine a description—those that I bought of the prisoner have been brought back to me by parties to whom I sold them.
Cross-examined. Q. You have dealt in these Borwick's baking powders for some time, I suppose? A. I have; and the packets I have been in the habit of buying have had Mr. Borwick's name on them, similar to these—thereis no signature of Mr. Borwick's, it is "Borwick's Baking Powder" on those I have been in the habit of buying there has always been the name of Mr. Borwick at the top—I never took notice that his name was at the bottom—Inever noticed it to my knowledge—I have bought of Mr. Borwick, at his place at London Wall—I knew that he lived there, I did not derive that information from this wrapper—I never read this on the wrapper, "The public are requested to see that each wrapper is signed George Borwick, without which none are genuine. Sold wholesale by George Borwick, Nos. 24 and 25, London Wall"—Mr. Borwick never called at my place—those I bought of the prisoner amounted to 2l. 15s.—he made out a bill and receipt; it is made out in the name of John Smith—I mean to say that I paid him 2l. 15s. in money for that parcel of goods—I did not weigh any of the parcels—I had some of Borwick's powder in my shop at the time, I did not take one of those and weigh it against one of the others—I can distinctly swear that—I can swear that I paid him 2l. 15s., upon which he gave me the receipt—I did not give him 1l. 17s. and ask him to make out the receipt for 2l. 15s., nothing of the sort transpired—I cannot say what coin I paid him in, I know I gave him 2l. 15s.
CHARLES BRANDRAM . I am an oilman, carrying on business at No. 99, Whitechapel Road. The prisoner called at my shop, the first time was about four months ago, he asked if I was a buyer of egg powder and baking powder—Iasked him what sort they were, whether they were the right sort, Borwick's, I not being acquainted with Borwick's, and he seemed a stranger to me—he said he hardly knew—he said he was not acquainted with the package, and I was hardly so myself—he said if they were not the right sort, he would bring me some that were the right sort another time—I then bought some of him, I cannot say what the quantity was—they turned out not to be Borwick's—Idid not return them to him, I kept them—he said he would change them some other time; he has never had them back—these (produced) are what I bought of him for Borwick's powders, and this is the bill—he came again on 15th Nov.; the first time was something like a month before that—when he came on 15th Nov., he said he had got a lot of the right sort now, Borwick's—I asked him if that was the rgiht sort—he said, "What are we to go by? there is Borwick's name on them"—the other ones were never changed, he promised to call for them some other time—Iafterwards saw him, and told him they were not the right sort; I had sold them to another party, and they were returned to me again as not being the right sort, the party had been to Mr. Borwick, and he had analyzed them—hesaid he would call for them, but he never did.
COURT. Q. When was it you told him they were not the right sort, and he promised to call for them? A. That was in the following week—he called again, and I had not seen the party that I was going to sell them to—it was a party who sells a good deal of baking powder—it was about a week of fortnight after the purchase that I told him they were not the right side—I did not tell him so the first time he called; it was when he came about a fortnight afterwards, and he then said he would call and change them, but he never did call—I have not got any of the egg powder here—I paid him 4s. a gross for the first lot, and 4s. 3d. for the other; they came to 1l. 14s. altogether.
Cross-examined. Q. Had you ever dealt with Mr. Borwick, of London Wall? A. No, I never bought any egg powder of him—I believe I have
paid for some that I took in of the party that was going to buy these of me—Ihad never been there, or anybody in my employment that I am aware of—Ibecame a purchaser in the same way as Smith bought these, through a traveller—I did not open one of the packets before I bought it; I was not judge enough to tell whether they were the right, so I did not open the packages—I never opened one of Mr. Borwick's—I had seen the prisoner before; I knew him as John Smith—he made out a bill and receipt for the money, "Bought of John Smith"—when he called, on the first occasion, I asked him if this was the right sort—he said he was not acquainted with the baking powders, to know whether they were the right sort or not—he said he believed they were very good powders, he believed they were the right sort, but if they were not, he would change them for me at any other time—Ido not know that there are a great many makers of baking powder in London; we have not had many call with them at our place.
MR. BODKIN. Q. Is Borwick's baking powder a well known article in the trade? A. Yes, it is—when I purchased it, the prisoner said to me, "What are we to go by but the name?" pointing to the name on the label.
THOMAS STYLES . I am a corn dealer, in Upper Thames Street. The prisoner was formerly in my employment—he ceased to be so last Oct.—I have often seen him write—I believe this letter to be his writing—(Read:"10, Catherine Street. Messrs. Till and Stephens. Sirs,—You did not send the labels according to promise; please send by bearer some of the the large and some of the small baking powder labels. Yours respectfully, G. Borwick."
Cross-examined. Q. He had been in your employment a great many years, I believe? A. Yes, several, on and off; I believe eight or ten years—Ideal in baking powders—there are several manufacturere of it—there is a large trade done in it—I never heard of any being sold in bulk—Mr. Borwick charges 9s. per gross to the trade generally.
MR. BODKIN. Q. Do you mean that the prisoner was continuously in your employment? A. No, I have lost sight of him for months at a time; at one time he was away for ten months, and I never saw him at all—he was only a commission traveller—this powder is exported in large quantities—Borwick'sis the one of greatest reputation—we charge 9s. a gross to little shopkeepers—Mr. Borwick charges us 9s. a gross, and takes off a discount of twenty per cent.
JAMES GRIFFITH (Police inspector, K). On the morning of 22d Dec. I went to No. 10, Catherine Street, Stepney, and found the prisoner there, in the back kitchen—he was engaged in making up packets of baking powder, and some was drying before the fire in packages—I produce three dozen of the packages that I found there—I told him I took him into custody for obtaining money by false pretences—he said, "I never obtained money by false pretences in my life"—he also asked, "What is the false pretence, and who charges me?"—I said, "You have been selling a spurious article as Borwick's baking powder to Mr. Emblem, and he charges you"—he said, "I did not"—I afterwards went back to his house, and found a large quantity of labels of various sorts, relating to different articles, some thousands; some for Floyd's custard powder.
THOMAS LITTLE re-examined. The labels on the packet produced by the officer are part of what were printed by my master, set up by me—these others are all part of the same, the egg powder as well as the baking powder packages.
several years employed in the preparation of this powder, which is called by my name—I sell it in large quantities, tons at a time—we print all the papers in which they are enclosed on our own premises—I have examined some of the powder which was sold by the prisoner to Mr. Emblem and Mr. Brandram—itis of very inferior quality to mine; in my opinion, it would not answer the purpose at all—there may be some of the ingredients of mine, but the composition itself is not what would answer the purpose.
Cross-examined. Q. I dare say you object to say what the component parts of your powders are? A. Of course I do—I cannot tell you what are the component parts of the powder sold by the prisoner, but I know it will not answer the purpose—I never sell it in bulk—all my labels have "George Borwick" upon them—the egg powder papers have no signature on them, merely the name—I do not know whether this piece is part of a genuine one; it is so small I cannot tell—I have no patent for it.
MR. BODKIN. Q. Did you give any authority to print these covers? A. No, I did not.
MR. SLEIGH submitted that this was not a forgery at common law; there was no doubt that the making, or alteration of another man's instrument would be a forgery at common law, but the evidence in this case hardly supported that proposition; the mere uttering of the labels could be no prejudice to Mr. Borwick; they were only the vehicles in which certain powder was enclosed and passed off to the public; there was no evidence that the labels were uttered as genuine papers, but only that the powder was alleged to be Mr. Borwick's; if this was to be held a forgery, the same might be held as to any compound, perfume, or article of manufacture which had become well known to the public, the name of which was almost synonymous with the article itself, as a "Brougham," or a "Wellington," or "Morison's Pills;" if there had been any patent for the article, it would be the subject matter of an injunction in Chancery, but it could hardly be held to be a subject for a criminal prosecution; as to the baking powder, there was a fatal variance between the original and that alleged to be a forgery; in the former, there were the words, "the public are requested to see that each packet is signed George Borwick, without which none are genuine;" in the latter those words were omitted; how, then, could that he said to be a forgery of Mr. Borwick's labels; to be a forgery it must bear such a resemblance as would impose upon persons of ordinary caution, which this was not calculated to do; as to the egg powder label, there was also a difference in type. The evidence amounted to no more than a making use of the name of Borwick to indicate the use of the powder, in the same way as the names of Brougham or Wellington would indicate the articles whose names they bore; in the case of Reg. v. Closs, the Court of Criminal Appeal had held that the writing upon a picture the name of "Linnell" was not a forgery, and that case was precisely similar to the present.
MR. BODKIN contended that the case of Reg. v. Closs supported the distinction on which he relied; in that case it was stated that a forgery must be of a document or writing, and as neither pictures or boots could he said to be documents or writings, they were not the subjects of forgery at common law; the documents in question were sent out to the world not for the purpose of defrauding the party whose name was assumed, but the customer to whom they were sold; the cases of Reg. v. Tosbach, 1 Denison's Crown Cases, p. 492, and Rex. v. Sharman, Dearsley's Crown Cases, 285, went to show that documents which at first sight did not seem to be the subjects of forgery, had been held to be so; and as to the variance referred to, that objection was answered by Rex. v. Collicot, Russell, and Ryan, 212. MR. POLAND, on the
same side, called the attention of the Court to the definition of forgery in Russell on Crimes, p. 318, in East, in Comyn's Digest, and in Tomlin's Law Dictionary, upon which definitions the Court of Criminal Appeal had acted; and, from the cases quoted, he urged that the offence alleged was clearly a forgery.
MR. SLEIGH, in reply, requested the Court to bear in mind that this was not an indictment under any statute, but simply a charge of forgery at common law, which, he contended, this case could not amount to; it was identical with Reg. v. Closs; there was no difference between the packet of powder and the picture; the name of "Borwick" on the powder was a mere arbitrary mark of the maker, in the same way as the name of Linnell on the picture, or as the name of Mordan on a pencil, or Manton on a gun.
THE RECORDER was of opinion that this case was perfectly distinct from the case of Reg. v. Closs, because that proceeded, as had been stated, entirely upon the fact of a picture not being a document; this case seemed to come within the ordinary definition laid down in the text books, of forgery at common law, and although he was not aware of the same case having occurred previously, he would not stop the case here; but if it was wished, he should not object to reserve the point for the Court of Criminal Appeal. In leaving the case to the Jury, he stated that the question for them was, whether this was a document so framed as to be calculated to deceive persons of ordinary observation, and to make them believe that it was a genuine document, and whether the prisoner forged that paper, intending to defraud the different parties by so deceiving them.
HENRY EMBLEM re-examined. I did not sell the whole of what was sold to me—as soon as I found that they were spurious, I sealed them up and put them away, to prevent their being sold, and there they are now—the name of Borwick on the packets was so concealed that it was impossible to see it unless you undid the packets.
The Jury found that the prisoner issued the printed papers with intent to defraud, and recommended him to mercy on the ground that they believed he was not aware he was criminally responsible by so doing. Upon this finding the Court directed a verdict of GUILTY to be recorded.—Judgment reserved.
WILLCOX PLEADED GUILTY .* (See next case.)
MESSRS. BODKIN and M'INTYRE conducted the Prosecution.
JOHN SAUNDERS . I am master of the City of London Union Workhouse, at Bow, Middlesex. Ploughman was an inmate there up to the morning of 5th Jan.—he was an able bodied pauper—it is the rule that if we can get employment for able bodied paupers, they must leave—we had not obtained employment for him, but his mother and brother came to the house, and said that there was employment for him to go to, if he chose to go out and do it—hedid not refuse, but he did not go—I mentioned it to the Committee, and they made an order on 4th Jan. that he should leave, and he was discharged on the morning of the 5th—it is part of my duty to attend the meetings of the Board, at No. 51, St. Mary Axe, every Tuesday, and I went there on 5th Jan., in pursuance of my duty—I arrived there about a quarter past 2 o'clock—Idid not see either of the prisoners at that time—Willcox had discharged himself from the workhouse—I remained at the Board till about a quarter past 4 o'clock; and when I came out I went towards the van to get into it, to return to Bow, and the two prisoners who I had not seen previously, came from
under the horse's head—Ploughman came up and struck me, and called out, "Here is the b—, Charley; give it him"—Willcox then assisted him in assaulting me; they struck me with their fists, and I was kicked by Willcox, I believe—I defended myself as well as I could, till I got to the middle of the road, and then they got me down on the ground, and I received an injury to my cheek, and two kicks—Ploughman appeared to be on his knees, and I saw his hand tearing at my face, scratching; he appeared to be endeavouring to scratch out my eyes—my walking stick was taken from me during the struggle—Mr. Croft attended me—the kicks affected my breathing at the time, and I feel it up to the present moment—they made my face bleed very much.
WILLIAM TAYLOR . I am a pauper inmate at the Union workhouse of Bow. I know Ploughman by being in the house—on the afternoon of 5th Jan., I came up from Bow to the Board room at St. Mary Axe, with the bread van, and remained there for the purpose of taking back Mr. Saunders in the bread van; he came towards the van, and when I looked round I saw the prisoners knocking him about—Mr. Saunders was standing up, but when I got out of the van he was on his back, and they were striking him with their fists; he was all over blood—I went to get assistance.
PATRICK TOWHAY . I live in Fireball Court, Houndsditch. On 5th Jan. I was in St. Mary Axe, about half past 4 o'clock, and saw Ploughman hit Mr. Saunders on the eye—the two men gave him a black eye each, and I saw them both kick him once—I wrenched Mr. Saunders's walking stick out of Willcox's hand, they were going to strike him with it—I held Ploughman till a policeman came—I saw a good deal of blood on Mr. Saunders' face—I knew nothing of the parties before.
JOHN HURLEY SEARLE . I am an inmate of the Union workhouse, Bow. On the evening of 4th Jan. I heard the prisoners conversing together about Mr. Saunders; they said that they would give it to the b—, if he happened to be at the Axe—it was known to the inmates of the workhouse that Mr. Saunders would be there; it was the Board day, and it was a general thing for him to go.
CHARLES ILDERTON CROFT . I am a surgeon. I was sent for to attend the prisoner—I found his face very much swollen and lacerated, and the eyelids closed—he was in a state of great nervous excitement, and from the pain in his side he had great difficulty in breathing—I examined his side, expecting to find one of the ribs broken, but that was not the case, he had injured his ribs a few days before, in falling from a ladder, and had a very strong preventive bandage round him, otherwise he would have suffered more—the blows were not more violent than could have been effected by a fist, but as to the ribs I do not know, because I did not like to take the bandage off—consideringthat he was protected by the bandage, the kick must have been a very violent one—the skin of his face was broken.
(Ploughman in his defence stated nothing about the assault, but said that Mr. Saunders had pushed him, and called him a thief.)
219. CHARLES WILLCOX was again indicted for assaulting William Verrey: to which he PLEADED GUILTY .*— Confined Twelve Months, and then to find sureties to keep the peace towards William Verrey for Twelve Months.
NEW COURT.—Monday, February 1st, 1858.
PRESENT—Mr. Ald. WIRE; Mr. Ald. GABRIEL; and Mr. COMMON
Before Mr. Common Serjeant and the Fifth Jury.
MR. GIFFARD conducted the Prosecution.
JAMES TAYLOR . I am in the service of the London Dock Company, I am foreman of the 2d and 3d department. I was there on 24th Dec. during the discharge of the cargo of the ship Ranger—my attention was called to the prisoner by Hart—I went up to the prisoner and asked him what he wanted there—hesaid, "Nothing"—I said, "Be off out of the hold, if you don't want'anything"—hewas then near the windlass—he was not employed in the ship—he then walked aft, and I saw him unbutton his trousers and throw out this piece of metal—I said, "Halloo!"—he said, "For God's sake, don't hurt me; it is holiday time, do let me go"—I said, "Oh no! I shall not do that"—he ran up the fore hatchway, and I after him, and caught him—I never lost sight of him.
JOHN HART . I am a labourer in the service of the East India Docks. I saw the prisoner on 24th Dec. on board the vessel—he was between decks and Taylor called my attention to him—I asked him whether that man had any business there—hewent up to him and asked him what he wanted, he said, "Nothing," and he told him to go off—he walked to the aft part; in coming back I heard something fall, and there was this piece of metal on the deck—the foreman said, "You have done a pretty thing, I shall lock you up"—he said, "For God's sake let me go," and I saw his trousers were undone—he went out of the ship and Taylor went after him, I followed them—he went through two or three warehouses, and I met him at the corner of No. 3 warehouse—I had lost sight of him—he ran round the back of the warehouses and Taylor after him.
JOHN SAYCE . I am a constable of the London Docks. I knew the prisoner; he had no business in the Docks—I had known him before; he had on more occasions than one been in the Docks—the value of this metal is 18s.
Prisoner. Six or seven years ago, Mr. Sayce stopped me at the entrance; I said, "Mr. Cheesy, what have I done to prevent my going in?" I did not know what his name was, and he thought it was because there was some bitter feeling of the men against him; I have been working at the west quay for his employer. Witness. I never knew him to work; I sent him out of the Docks because I had received information about some silk handkerchiefs.
Prisoner's Defence. I was standing outside the Dock, and a man came and said, "If you go on board that ship Ranger, you very probably may get a job to clean the paint or something;" I went on board, and went below; the foreman said to me, "What do you want?" I said, "Nothing particular;" these petty foremen do not care who they injure; I said to him, "Don't
stop me;" I walked by him, and went over the bows, and when I had been on board three or four minutes I went on shore, and they came to take me into custody; I could not secrete this metal, I could hardly carry it on my back, and there were men to search me.
COURT to JOHN SAYCE. Q. Would the prisoner have been searched? A. No, he would not; they search the Dock labourers—no one else.
GUILTY .— Confined Four Months.
MESSRS. BODKIN and PAYNE conducted the Prosecution.
JAMES BRETT . I am a detective officer. On 5th Jan. I went to No. 16, Princes Square, St. George's in the East, with Mr. Sheffield—I found the prisoner there—I said to him, "My name is Brett, I am a police officer; I have come to see you respecting five cases that you obtained from the West India Docks on Christmas eve, by means of a forged order"—he said, "Shut the door, do not make a noise, I will tell you all about it; I am in a dreadful fix, if I had not been hard up I should not have done it: I have just left a respectable situation"—I said, "Are the boxes here?"—he said, "Yes," and he took from his trousers pocket which he was putting on, a key; he unlocked a large cupboard, pointed to three boxes, and said, "These are Captain Lloyd's, and there are the contents, pointing to different things which were in the cupboard and in the room; they were ladies' dresses, jewellery, a soda-water apparatus, and other things—I took the things up one by one, and he said of one, "That is mine," and of another thing he said, "That is Captain Lloyd's"—I came to a musical box, which was standing on the drawers, and said, "Is that Captain Lloyd's?"—he said, "No, that is mine"—he took another key from his pocket, unlocked the box, and took out eight duplicates, which he handed to Mr. Sheffield; he said, "Four belong to property of my own, and these four," selecting them out, "belong to property belonging to Captain Lloyd; I wish to retract what I have said with respect to the musical box; that is Captain Lloyd's also"—I then removed him to Arbour Square Station, searched him, and found on him four shillings, a purse, a ring, and in his shirt three studs—I took them from him, and he said, "These belong to Captain Lloyd"—I went back to his room afterwards, and found there two papers; one is a note from the wharfinger: "I deliver this day to your order, five packages; the order is for six, but I have received but five"—the other is a shipping bill, and on the back is an indorsement, "James Barber and Co., per ship Rangoon, four small chests of wearing apparel, Nos. 1 to 4, and two cases."
Cross-examined by MR. RIBTON. Q. What time did you go to the room? A. The first time about 11 o'clock in the morning—there was no one else in the room—he jumped out of bed as I went in—he told me he occupied that room, and his brother told me so afterwards—his brother lives in the house, but not in that room—his brother is a clerk—this room was on the second floor, a front room—it is a sleeping room—I should judge the prisoner did not take his meals there—I did not take any note of the conversation I had with him—I did not give him any caution—I said, "I have come to see you respecting five cases that you obtained from the West India Docks by means of a forged order;" to the best of my belief they were the exact words—I said "cases."
MR. PAYNE. Q. Have you given the answers correctly which he gave
you? A. Yes, and I mentioned to him an order; my words were, "which you hare obtained on a forged order."
THOMAS POTTER PRIESTLY . I am a carman. On 24th Dec., somebody came to me about some goods in the Dock—I cannot say who it was—I got the goods, I got five packages out of six—this is the paper which was given to me to get them.
ALFRED WELHAM . I am a clerk to Mr. Hill. I know the prisoner, he was formerly clerk to Mr. Hill—I know his writing quite well, this paper given to Mr. Priestly is his writing—this indorsement on the back of the paper found at his lodging is his writing.
Cross-examined. Q. Is the whole of this indorsement on this shipping bill his writing? A. Yes—I should say he was in Mr. Hill's employ twelve months, or rather more—I did not sit at the same desk with him—there were eight or ten clerks in the office—I saw the prisoner's brother once, when he called at Mr. Hill's—I do not know him at all—he is a young man—these papers were shown to me at the Thames Police Court—Mr. Brett took me there—the prisoner was remanded, Mr. Brett told me—I knew he was in custody on this charge, Mr. Brett showed me the paper, and asked me if I knew the handwriting; I said I did—he asked me if I could swear to it—I said I could—thatwas after I knew the prisoner was in custody—the prisoner was Dock clerk in our office, and used to come to me every morning for cash, and give me a written acknowledgment—I think I have one of them here—this is it—Inever saw any other hand like it—there are none in our office that write any thing like it—there is no one else from the office here.
PETER HORDER . I am in the employ of the last witness; he sent me with this order to get some goods, on 24th Dec.—I went, and got five boxes or cases—I took them back to our counting house; I then took them to No. 16, Prince's Square, St. George's in the East—I found the prisoner there; he took three in, and he said I was to take two back to my master, and he was to warehouse them till we had further instructions—I got them in the name of Captain Lloyd, from the Rangoon.
Cross-examined. Q. Where did you take them first? A. To our counting house on Tower Hill—I then took them to Mr. Priestly's, in Gloucester Street, Commercial Road, where he lives—when I got there a man came after me, and said a gentleman had come to give the direction—I took them back to our counting house, and there was a written order to take them to No. 16, Prince's Square—I got to Prince's Square a little after 7 o'clock—I was not there many minutes; I might have been five minutes altogether—I took the boxes out of the cart, and put them inside the door—I am able to swear that the prisoner is the person—he gave me 2d. to get a pint of beer—therewas a light there; he called for a light, and one was brought—I saw Mr. Brett take the prisoner; I went with him to show him the house where I took the boxes to—I did not go up stairs, I stopped in the hall till Mr. Brett came down and told me to go and fetch a cart—when he came down he brought the prisoner down with him—I did not see any one else in the house that night, only the servant—it was my master's clerk, Francis Buck, who delivered me the written order.
Cross-examined. Q. How many clerks are there is Messrs. Barber's
employ? A. Eight—I am the shipping clerk—there are two clerks under me, Mr. Cundy and Mr. Barber; neither of them are here—there are three partners in the firm, Mr. Barber, Mr. Cundy, and Mr. Barber—I have no directions to sign such an order as this, but I should consider myself authorized to do it—(Order read: "No. 136, Leadenhall Street. To the Superintendent of the West India Docks. Please to deliver the under mentioned goods, four chests and two cases, marked as under. James Barber and Co.")
GUILTY .—He was further charged with having been before convicted.
MICHAEL HAYDON (City policeman). I know the prisoner; I had him in my custody for forgery—I produce the certificate of his conviction—(Read: "Central Criminal Court, August, 1855; Walter Shandley, Convicted of forging an acceptance to a bill of exchange for 64l. 7s.; Confined four months")—the prisoner is the person.
GUILTY .— Six Years Penal Servitude.
222. WILLIAM DENTON FLOWERDEW (30) , Forging, on 23d Nov., a request for delivery of goods; also, forging, on 30th Nov., a request for delivery of goods; also, forging, on 3d Dec, a request for delivery of goods; also, obtaining goods by false pretences: to all which he
PLEADED GUILTY .— Four Years Penal Servitude.
OLD COURT.—Tuesday, February 2nd, 858.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; and
Mr. Ald. CARTER.
Before Mr. Recorder and the Third Jury.
223. JAMES PAINE (34), WALTER MYLAND (33), and WILLIAM MORTIMER (32) , Stealing 1 cask and 113 lbs. weight of butter, value 5l. 15s.; the goods of William White and others, the masters of Paine and Myland.
MR. COOPER conducted the Prosecution.
JOHN MARK BULL (City policeman). From information I received, I watched the prosecutor's premises some few days, and on Monday, 18th Jan., about 2 o'clock, saw a waggon being loaded at their warehouse—I saw it leave; Paine drove it, he alone was in charge—I followed it; it went down Thames Street, as far as the Hour Glass public house, where Paine got down to obey a call of nature, got on again, and drove to the Steel Yard; he then got down again, and did something to the back of the waggon, as if he was fastening the tarpaulin; he then went to the front of the waggon, and Myland came from the front of the waggon, looked round, disappeared for about a minute, and returned with a cask of butter on his shoulder, and went into Mortimer's shop, No. 155, Thames Street—Steel Yard is about sixty or seventy yards from opposite Mortimer's shop—I went up Bush Lane, remained a few minutes, and when I came down, the waggon was gone—I looked into Mortimer's shop, but saw no one there—I communicated with one of the partners of the firm, Mr. White, who came back with me to Mortimer's shop—hewent in, came out again, and in consequence of what he said I went in with him, and he pointed out a cask of butter with a basket of herrings on it; before it was an empty cask with a piece of bacon on it—Mr. White said, "That cask of butter is my property"—I asked Mortimer if that was his name; he said, "Yes"—I told him that I was a detective police officer, and asked him how he accounted for the possession of that butter; he said, "A young man left it a short time ago, and is going to call for it in two or three
hours' time"—I said, "The lid is off; how do you account for that?" he said, "The young man that left it took off the lid and took it away with him"—I said, "You must consider yourself in custody for receiving the cask of butter, well knowing it to be stolen"—he made no reply—I took him to the station, and afterwards went back with Mr. White, and found half a Dutch cheese, a box, and a bag which American cheeses go in—I had asked if he had seen the young man before; he said, "Once before,"and that he left a bag there about a fortnight previous—what I call bags are wrappers for bacon—between 5 and 6 o'clock, I went into the prosecutor's counting house, and Paine was called in—I told him I was a police officer, and he must consider himself in custody for stealing a cask of butter, the property of his employers—he said, "I never stole any cask of butter; all I know about it is, a man overtook me, and brought two bladders of lard, saying that I had got a wrong cask of butter in the van, and took one away—Myland was afterwards called in, put by the side of Paine, and I accused him of stealing a cask of butter and taking it into Mortimer's premises; I told him he might consider himself in custody—he said, "I do not know what you are talking about"—Paine said, "That is the man who took the cask of butter out of the waggon"—Myland made no reply; I took him to Seething Lane station, and found 2l. 4s. 1 1/2 d. on him—I afterwards took him to Bow Lane station, and Mortimer was brought out, at my request; I told him I was about to ask him a question; it might be used in evidence against him, and he might do as he pleased about answering it; Paine and Myland were both present—I said, "Do you know any one present?" he pointed to Myland, and said, "I know that man; that is the man who left the cask of butter at my house this afternoon"—Myland made no reply—I afterwards went to Paine's house, and found a wrapper similar to what they wrap bacon in, and some staves forming a cask.
Cross-examined by MR. PEARCE. Q. Was the waggon you describe a four-horse cart? A. Yes, with chains at the back—it is nearly half a mile from the prisoner's premises to the Steel Yard—I did not follow very close to the cart—I saw nobody get behind it during the half mile—I did not see Myland go up to the cart—it is a very crowded neighbourhood—I did not see him pass me—I first saw him when he left the front of the cart—I did not get ahead of the cart at all—I was on the right side going towards Southwark bridge—Myland got out on the left side—I was then sixty or seventy yards behind—I did not see a man with some bladders of lard—I cannot say who loaded the waggon, I was too distant—the firm employ six or seven porters, and they were all dressed alike—I was at the bottom of St. Mary-at-Hill—I did not see a book given to Payne—when Payne said, "A man overtook me and brought two bladders of lard, and said I had got a wrong cask of butter, and took one away,"he added, "and what he did with it I do not know"—London Bridge is generally crowded—it would not be a saving to go over Southwark Bridge, instead of London Bridge, to the Bricklayer's Arms, on a Monday, at 2 o'clock—Arthur Street is rather steep—I cannot say whether the road was in a greasy state, it might be—these (produced) are the staves found at Paine's—they are dirty, and are in the same state—this is the wrapper—I have mentioned about that before—it was in the cellar.
Cross-examined by MR. ROBINSON. Q. Had you been six weeks looking out? A. No, two or three days—I at first told Paine that he was the person who took the cask into Mortimer's; he denied it—they were both dressed alike—I asserted it a second time, but when Myland came in and I put them both together, I saw my mistake, and said that it was Myland;
but up to that time I believed it was Paine, and stuck to it—I said that I would almost swear to it—after I told Myland that he was the man, Paine said, "Yes."
Cross-examined by MR. SLEIGH. Q. What is the name of the street in which Mortimer's shop is? A. Thomas Street, No. 115—it is a small shop, he deals in chandlery and tobacco—Steel Yard is a wharf, and the waggon stopped opposite there—I went over to Calvert's tap to have a glass, not wishing to be seen in the street, and Mr. White came over to me, and I then went as speedily as I could to Mortimer's shop—I do not recollect that they were engaged in scrubbing the counter when I went in—the cask of butter was in front of the counter, at the further end—Mortimer freely stated what I have told you, and when asked if he could point out the man, he pointed to Myland, who made no reply.
EDWARD BRISCOLL (City policeman, 168.) I had been watching the prosecutor's premises, for six weeks prior to the robbery—on 12th Jan., at 7 o'clock in the evening, I was in their warehouse, and saw Myland leave with other porters; they crossed the street, went into the Coal Exchange tavern, remained there a short time, came out, and went down St. Mary-at-Hill, and along Thames Street—Myland and another separated from the others at the steps leading on to London Bridge, and proceeded along Thames Street again to Calvert's tap house at the corner; they there waited half a minute, or perhaps a little more, and Mortimer came over to them out of his shop, and all three went into the public house—the other was a porter in the employment of the firm, named Glyde, I believe—they came out again, and Myland and Mortimer proceeded into Mortimer's shop, and the other porter followed after—they remained there ten or fifteen minutes, and then came out and went home—I took Paine on 18th Jan., between 4 and 5 o'clock, took him to the station, and searched him—afterwards, as I took him along Cannon Street to Bow Lane Station, I said, "How long has Myland been in the employ of your master?" he said, "About nine months"—I said, "Did you know him before he came to work there?" he said, "Yes, I knew him when he was a carman"—he afterwards said, "Well, it serves me right; I ought to have known better"—I afterwards went to Myland's house and took possession of certain things, which I have here.
Cross-examined by MR. PEARCE. Q. How far distant were you at the loading of the cart? A. Eighty or one hundred yards, too far to see who put the things in—I did not see a book given to Paine—the ground was wet—Idid not caution Paine before I asked him the questions—I did not consider there was any thing wrong in asking him how long Myland had been in the employment—I had not spoken to him when he said, "Well, it serves me right; I ought to have known better"—in the warehouse, he said that there had been a mistake, some bladders of lard had been omitted to be put into his cart, and that one of the men in the employment overtook him with them, and told him that he had got a cask of butter by mistake.
Cross-examined by MR. SLEIGH. Q. Did you watch Myland from his employer's to Thames Street? A. Yes—I saw Mortimer come out of his house; he went in a direct line from his shop to them, and met them on the same side of the street as Calvert's—I did not follow them into Calvert's—Mylandwas not smoking; one of them was—I do not know that they do not sell tobacco or cigars at Calvert's—I never was in the house in my life—I did not see Mortimer carrying any pot or jug from the beer shop to his house—he had nothing in his hand—the door of the public house was partially open, and I saw them standing in front of the bar—they had some drink there.
COURT. Q. You said that Myland and Glyde were on the same side of the way as Calvert's tap, and you were going to add something to it? A. But Calvert's tap is not directly opposite Mortimer's shop—if Mortimer had gone the shortest way from his shop, he would not have gone to where they were; they were standing a little more to the right, three or four yards beyond the door nearer to Mortimer's shop, between the public house door and Mortimer's shop; he would naturally go very near them.
WILLIAM WHITE . I am one of the firm of Bryant, Hughes, and Co. On 18th Jan., I saw the van loaded with cheese, butter, and bacon—there were casks of bacon—when the casks are put on, the heads are all right; they are fixed on by nails with binding hoops across—I did not see the waggon leave—Painewas the driver—he was in our employ, and had been some time—Mylandwas a porter in the warehouse; it was not his duty to follow the waggon that day, or to go with it—Bull called on me that day, about two o'clock, and I went with him to Mortimer's shop—I went in alone and purchased a cigar—I lighted it to give me time to look about—the bottom of a cask of butter attracted my attention, the cask was covered with a basket of fish, and there was another cask before it—I merely saw the bottom—I left the shop and returned with Bull—I removed the fish, and the head of the cask was chopped off—there are particular marks on the head which are always put there, but there were also marks on the side—it was our cask and butter—Isaw the wrappers which were found there—the butter is worth 5l. 15s.
Cross-examined by MR. PEARCE. Q. Who loaded the van? A. Myland and two or three other porters in our employment; they were all engaged—it is our rule to deliver to our carmen a book containing an account of the things they take out to deliver—Paine has been ten months in our employment, and he was in the employment of our predecessor about three years—Iwas not present when the book was given to Paine, the clerk in the ware-house gives it to him; he is here—Paine had to carry some goods to the Bricklayer's Arms terminus, and others to the Spur Inn, Borough—I did not tell him to make haste—he had not to go to Greenwich afterwards, and I never told him so—I may have gone out before the cart started, or I may have been in the warehouse—Paine may have asked me for an American cheese box to make a coal box of; if he had, I should have let him have one, and it would have been Williams' duty to let him have it; he is here.
Cross-examined by MR. ROBINSON. Q. How long was it between your going to Mortimer's the first time and smoking a cigar and your going back a second time. A. About a quarter of an hour—we have about six porters, who wear white smock frocks.
Cross-examined by MR. SLEIGH. Q. When you went back with Bull, I suppose you found the cask in the same position? A. Yes—they were not engaged in scrubbing the counter when I bought the cigar, but they were when I went back with Bull.
MR. PEARCE. Q. Do you know of any lard being ordered for delivery that day? A. Yes, but not personally—it was to be delivered at an inn in the Borough—I know from Starling, who helped to load the cart, that Paine started without it.
WILLIAM STARLING (Examined by MR. PEARCE). I am in the prosecutor's employ—I remember Paine starting with the cart on 18th Jan., he had to deliver some bladders of lard at the Spur Inn, in the Borough, but started without them, and I saw Walter Myland go after him with them.
COURT. Q. Did you see Myland come back? A. No; he started about four minutes after the van.
Cross-examined by MR. ROBINSON. Q. Is there any regular hour for dinner? A. No, we go when we can, but the general time is 1 o'clock—I did not go to dinner till after the van started, I cannot say whether that was 2 o'clock.
Paine and Mortimer received good characters.
Myland was further charged with having been before convicted.
JOHN FOULGER (Police inspector). I produce a certificate—(Read: "Central Criminal Court; Robert Myland, Convicted March, 1851, on his own confession, of stealing forty-eight handkerchiefs, of his master: Confined six months")—Myland is the person.
GUILTY.— Three Years Penal Servitude.
PAINE was recommended to mercy by the Prosecutor and Jury. — Confined Three Months.
MORTIMER— Confined Twelve Months.
The officer Bull stated that the system had been going on for eight or nine months, that two or three sides of bacon had been left at Myland's every week, and that the prosecutor had been robbed to the extent of 2,000l.
PLEADED GUILTY , and received a good character.— Confined Two Years.
PLEADED GUILTY .— Confined Six Years.
NEW COURT.—Tuesday, February 2nd, 1858.
PRESENT—Mr. Ald. WIRE; Mr. Ald. CARTER; Mr. Ald. PHILLIPS;and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Two Years.
PLEADED GUILTY .— Confined Two Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM TWIST (Policeman, N 456). I produce the record of a conviction—("Read: At this Court, Oct. 27,1856, Mary Ann Wilson, Convicted of uttering counterfeit coin, and sentenced to be confined one year")—I was present—the prisoner is the person who was convicted; I knew her by the name of Wilson—anotherwoman was convicted with her, of the name of Pearce.
JOHN HILL . I am a tailor, and live in Hoxton. On Tuesday, 22d Dec., the prisoner came to my shop, about ten minutes past 5 o'clock, for half an ounce of tobacco—I am a tobacconist and a newsvender—the tobacco came to 1 1/2 d.—she gave me a counterfeit shilling, I gave her the change, and put
the shilling into the till—there was no other shilling there, I am certain—I took it out about ten minutes after the prisoner gave it me, and gave it to Mrs. Allen—there was no other shilling in the till then—Mrs. Allen brought the shilling back to me; I observed it was bad, I marked it, and placed it in a vase on the mantlepiece in the back parlour, and it remained there till 5th Jan.—on 5th Jan. the prisoner came again, and asked for half an ounce of tobacco and a "London Miscellany;" they came to 2 1/2 d.—I recognized her to be the same person who had come before—I served her, and she gave me a counterfeit shilling—I found that it was counterfeit the moment I put my hand on it; I bent it with my teeth, and told her so—she said, "Is it? I was not aware it was a bad one"—I told her I had been looking out for her coming, as I had taken a bad shilling of her previously—she said I must be mistaken, it could not be her—I gave her in charge, and placed the two bad shillings in the hands of the acting inspector at the station.
Prisoner. You said you gave the shilling to a watercress woman, and you said the mother gave it to a little girl. Witness. No; I gave it to Mrs. Allen, who is a watercress woman.
MARY ANN ALLEN . I live in Red Lion Court, in Kingsland Road. On 22d Dec. the last witness gave me a shilling, about half past 5 o'clock, and he gave me a 3d. piece at the same time—I gave the shilling to my daughter Eliza, to get some tea and sugar; she brought the shilling back, and said it was bad—I sent her to the butter shop; they detained the shilling there, and the butterman, Mr. Edwards, gave it to me—I gave the shilling to Mr. Hill, and he gave me two sixpences for it.
ELIZA ALLEN . I am thirteen years old—my mother gave me a shilling, and sent me to a shop for some tea and sugar; they refused to take the shilling; I brought back the same shilling to my mother; it was not at all out of my sight—my mother directed me to go to the butter shop; I took the same shilling there, and they detained it till my mother came—when my mother came, they gave her the shilling.
GEORGE EDWARDS . I am a cheesemonger and butterman, in Kingsland Road. The last witness brought me a shilling, it was a bad one, and I detained it—knowing the girl very well, I sent for her mother, and gave her the same shilling—I had put it on a shelf till she came.
GEORGE ROBINSON ((Policeman, N 385). I was sent for to Mr. Hills, on 5th Jan., and took the prisoner in charge—I received these two counterfeit shillings from him—I asked the prisoner where she got the shilling she last produced; she said she did not know—there was a good 4d. piece and 1 1/2 d. found on her.
GUILTY .—Recommended to mercy by the Prosecutor— Confined Eighteen Months.
MESSRS. ELLIS, BODKIN, and LAWRENCE conducted the Prosecution.
SUSANNAH EATON . I am the wife of Samuel Eaton, a greengrocer at High Hill Ferry. On 22d Jan. the prisoner came to my place for a pennyworth of apples, about 6 o'clock in the evening—he gave me a bad shilling, I gave him 11d. change, and he went away—I found the shilling was bad directly he left—I went after him with it—as I was going I met my husband; I gave the shilling to him—I afterwards saw the policeman, and I went on with him till we met the prisoner at Lower Clapton—I stated that he was the man
that passed the shilling, and the officer took him—I put a mark on the shilling and gave it to the officer.
Prisoner. She blamed another man for passing the bad shilling. Witness. No, I did not—I met three men—the prisoner was in company with three others—I went and asked them if they had passed a bad shilling, and they said they had not—I did not tell the constable that another man had passed the shilling—I said this was the man that passed the bad shilling at my shop—I said nothing about the other man.
CHARLES LAWRENCE . I am a greengrocer. On 22d Feb. the policeman Clark took the prisoner into custody—I saw the prisoner draw his hand out of his right hand trousers' pocket, and he dropped a shilling on the ground; I picked it up and gave it to Clark.
RICHARD CLARK ((Policeman, N 296). On 22d Jan., between 6 and 7 o'clock, I met the prisoner in Upper Clapton—Mrs. Eaton made a communication to me; I went with her to Lower Clapton, where I saw the last witness—when I took the prisoner, I saw him draw his hand from his right hand trousers' pocket and drop a shilling; the last witness picked it up and gave it to me—this is it—I took the prisoner to the station, and Mrs. Eaton gave me this other shilling there—the prisoner said the woman was mistaken, he had not been in the shop—he afterwards stated that the two pieces would lick him—I found on him a good sixpence and 8 1/2 d. in copper.
Prisoner. When I was taken he said, "I know you belong to bad company; I will get somebody to convict you," and he whistled three times. Witness. No, I did not—Mrs. Eaton was certain this man was the person—shedid not point out any body else as being the person.
Prisoner's defence. I went out to get a job; I was going towards Clapton-gate; I kicked my foot against something; I thought it was a stone; I kicked it three times; I looked, and it was a piece of brown paper; I looked in it, and found this money; I was going to the water side, and I gave one of the shillings in change; I did not know whether it was good or not.
GUILTY .— Confined Nine Months.
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
RICHARD TANNER . I am a detective policeman, A 29—I produce a certified copy of a conviction—(Read: "At this Court, in Feb., 1856, James Ward was convicted for unlawfully uttering counterfeit coin, and sentenced to be confined nine months")—I saw the prisoner tried; he is the person.
JOHN SANDERSON . I live in Amwell Street, Somers Town. On 28th Dec. I saw the prisoner come from Middlesex Street towards Alderman Street with Mary Ward—it was about a quarter before 2 o'clock—they were walking and talking together—I went into a house; I came out in about five minutes, and I saw the prisoner running away from the policeman towards Clarendon Square.
Prisoner. Q. What was I doing when you first saw me? A. Walking and talking with the woman—I followed you to Mr. Jones, the baker, about three minutes' malk—I then left you and went in doors—I came out in about five or ten minutes and saw you running away from the policeman—that was in Amwell Street—I saw you running when I came out of the house—I said
at the police court that I saw you talking to the woman—I am sure you were talking to her—the policeman did not call me out into the passage and tell me what to say—I know I saw you walking and going away.
COURT. Q. When you saw him running away, did you know what he had been doing? A. No.
MARY ANN CHRISTIAN . I am the wife of John Christian, and live in Alderman Street, Somers Town. I am a haberdasher. On 28th Dec. Mary Ward came into the shop and asked to look at some embroidery; I showed her some, and she selected a piece which came to 2d.—she gave me a florin—asshe laid it on the counter I saw it was bad—I took it to my husband; he said it was bad—I told her so, and she said she hoped not—I sent my daughter to Mr. Hull, the baker, with it—Mary Ward remained in the shop—whenmy daughter came back her father was standing at the door, and she gave the coin into his hand—he kept it, and sent for a policeman—I did not see it again till I saw it at the police station.
Prisoner. Q. Did you see me near your shop? A. No, I did not see you at all.
ELIZA CHRISTIAN . I am the daughter of the last witness. On 28th Dec. I saw Mary Ward in my mother's shop—my mother gave me a florin, I took it to Mr. Hull the baker—I came back with it, my father was standing at the door—I gave it him.
JOHN CHRISTIAN . On 28th Dec. I saw Mary Ward in my shop—my wife gave me a florin, I sent it out by my daughter—when she came back I was at the door, I took it from her and marked it, and gave it to the policeman at the station—this is it.
GEORGE PIKE . I am an artificial flower stamper at Somers Town. On 28th Dec. in the afternoon I saw the prisoner standing in Alderman Street about ten minutes before 2 o'clock—I saw him chuck something over a gate, he was then walking up Alderman Street—when he saw the policeman he ran up towards Clarendon Square—I saw the place where the money was thrown—I and a sweep showed the place to the policeman, and he picked up a 2s. piece.
Prisoner. How do you know it was a 2s. piece thrown away? Witness. Because I heard it jink, I told the gentleman so—I said I believed it was a piece of money—I did not say I did not know—the clerk did not ask if I heard anything jink, nor did I say, "No"—he said, "How do you know it was money?" and I said, "By its jinking"—you were running up Amwell Street—you stopped running, and then you saw the policeman and you ran again, and you stopped just before the policeman came to you.
JAMES BROOKS (Policeman, S 334). On 28th Dec. I was called into Mr. Christian's shop, and as I was going I saw the prisoner about twenty yards from the shop in Norton Street—I went towards him, and he ran away up Amwell Street; I ran up Alderman Street, and met him at the top of Amwell Street—He ran away again up Amwell Street, leading to Clarendon Square—Icame up to him, and I said, "What did you run away for?"—he said, "What has that to do with you"—I said, "I shall take you with me to the station"—he said, "Very well"—I went to the station, and in about two minutes Mary Ward was brought there—I asked him if he had any knowledge of that woman, he said, no, he never saw her before—I went to the place that Pike took me to, he pointed out the place—I found this florin there—this other florin I received from Mr. Christian at the station—I found 1s. 1 1/2 d. on the prisoner.
Prisoner. You say I was twenty yards from the shop. Witness. Yes,
and you ran till you came to a turning—I did not say you was at the bottom of the street—I did not state anything about something being thrown away—Isuppose there were a dozen boys in the station; they all stated that they saw you throw something away—it was rumoured about that the woman had passed bad money—you were remanded for a week till the evidence was given—I brought two boys up, and I could have brought more.
Prisoner to MARY ANN CHRISTIAN. Q. How long was Mary Ward in your shop previous to your giving her into custody? A. Not many minutes—three, or four, or five minutes; it might be ten minutes; I think it was not a quarter of an hour.
Prisoner's Defence. The evidence the boys have given is quite false; the last boy said quite different at the police court; the policeman took them out, and put into their mouths what to say.
GUILTY .— Four Years Penal Servitude.
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
JOHN SANDERSON . On 28th Dec. I saw this prisoner and the last prisoner in Middlesex Street, going towards Amwell Street, they were walking and talking together—they were four or five minutes walk from Mr. Christian's, in Alderman Street—I went in doors for about five minutes, I came out again, and saw the man running away from the policeman.
MARY ANN CHRISTIAN . The prisoner came into my shop on 28th Dec.—sheselected a piece of embroidery which came to 2d.—she tendered me a florin—I gave it to my husband—I sent my little girl out, she returned, and gave the florin to her father—the prisoner was in my shop—I told her it was bad; she said she knew where she took it—either I or my husband asked her where she lived, and she said in Well Street, Oxford Street—she said she hoped it was not bad—she said she had been to a friend, and taken this as part of 5s. which she received.
Prisoner. Where did you take the florin? Witness. Into the parlour, and my husband said he thought it was bad—the little girl was gone about two or three minutes.
ELIZA CHRISTIAN . On 28th Dec. I saw the prisoner at my mother's—my mother sent me with the 2s. piece; I went to Mr. Hull, the baker, I was not gone more than two minutes—I came back and saw my father at the door—Igave him the florin.
JOHN CHRISTIAN . On 28th Dec. my wife brought me a florin, I went to the shop and saw the prisoner—my wife sent the florin out by the little girl, when she came back I was at the door—she gave me the florin; I marked it, and gave it to the officer.
JAMES BROOKS ((Policeman, S 334). I was called to Mr. Christian's shop—Isaw the last prisoner about twenty yards from the shop, walking to and fro—I went to him, and he ran away—I captured him, and took him to the station—I asked him in the prisoner's presence if he, knew this woman, he said he knew nothing about her—I afterwards went with Pike to a place where I found this florin—the prisoner was asked to give her address, and she refused to give any—a good half crown and one penny was found on her.
have lived together from the beginning of November or the latter end of October—they passed as man and wife—I know she is not his wife.
GUILTY . Confined Six Months.
MR. BODKIN conducted the Prosecution.
SAMUEL ROACH . I am barman at the Gentleman and Porter, Kingsland Road. On 10th Dec, the prisoner came there between 10 and 11 o'clock at night—I had known her before—she asked for a quartern of gin—I served her—it came to 4d.; she gave me a 5s. piece, I did not notice it being a counterfeit—I was very busy at the time—I gave her change, and she left before I found it bad—I found it was bad in about five minutes—I took it up stairs, and locked it up in a box—on 4th Jan., the prisoner came again between 10 and 11 o'clock at night; she called for a pint of beer, and gave me a counterfeit half crown; I recognised her when she came—I tried the half crown in the detector, I found it was bad, I asked her if she had any more; she said, "No"—I noticed that she gave me the half crown out of a piece of white paper, which appeared to me to have more in it—I spoke to Mr. Wingate, and I told the prisoner that the last time she was there, she gave me a bad 5s. piece—she denied it—I fetched a constable, and gave her into custody—I gave the two coins to the constable.
Prisoner. I knew him twelve years ago, but lost sight of him three years; on the Sunday after Christmas day, he saw me, and took me into the house where he was potman, and treated me with ale—he never mentioned about my giving him a bad 5s. piece. Witness. I treated her once, but not at the place where I am now—I do not know whether it was before or after she gave me the 5s. piece—I did not ask her to meet me and go to a brothel—I I said, "I must go and shut up the house"—I did not tell her never to take any notice to any one.
COURT. Q. How long have you known her? A. Since Michaelmas.
MR. BODKIN. Q. Do you say you had seen her since she gave the 5s. piece? A. No, just before that—since then I had not seen her.
GEORGE WINGATE . I am manager of the Gentleman and Porter. The last witness is in my employ—he was in the house before the parties who now keep it took it—we have had it about five months—the witness is still in our employ—on the night the 5s. piece was passed, he showed it to me, and told me he had taken it and given change for it—I did not see the prisoner at all—onthe night she brought the half crown, he came to me and said it was the same party that gave the 5s. piece—he told her so, and she said it was false—Isent for a constable, and I asked her if she had any more money about her; she said, "No"—I asked her where she lived, and she said in Union Street—whenat the station, she said she lived in New Inn Yard, Shoreditch—I received this crown from my man at the station.
ISRAEL WATTS Policeman, N 184). The prisoner was given into my charge—I received these two coins—the prisoner said she lived in Union Street, and at the station she said she lived in New Inn Yard, Shoreditch—I went there, and they knew nothing of her—1 1/2 d. was found on her.
GUILTY .— Confined Six Months.
MESSRS. LAWRENCE and ORRIDGE conducted the Prosecution.
ROBERT WILLIAM ANDREWS . I keep the Sussex Arms beer shop. On 5th or 6th Jan., the prisoner came to my bar, and asked for a glass of half and half—she gave me in payment a shilling—I gave her change, and put the shilling in the till—I had no other shilling in the till, only a half crown, and some sixpences—about two minutes after the prisoner had gone, I examined the shilling, and found it was a bad one—on 14th Jan., the prisoner came again about 10 minutes past 1 o'clock; she asked for a glass of half and half, and gave me a shilling—I knew it was bad, but I gave her the change, and kept the shilling in my hand—she drank the half and half, and went out; I followed her—I met a constable, and gave her in charge—she said why did not I tell her of it before I gave her in charge—I told her about her being at my house before—she denied it.
Cross-examined by MR. SLEIGH. Q. When did the prisoner first come to you? A. On Tuesday or Wednesday, I cannot tell the day—it was between 1 and 2 o'clock—my trade is not very large—I have only one till—I have a barman—I usually serve—the first time the prisoner called my barman was there, but was not serving—on the second occasion he was there—he is not here to-day—I had never seen the prisoner before she first called—I take an account of my money every night—I put down all the money I take—I never took a bad shilling before—I have only been in business since Nov.—on the second occasion I knew the prisoner the moment she came in, and I suspected the shilling to be bad—I did not tell her so—I did not know what to do—I did not know whether to detain her, or to follow her—there was no compulsion about serving her—I followed her and gave her in charge—I gave her good money in change—she had a child in her arms, as she has now, on both occasions—I did not take notice of the child; I noticed her features—I was not asked whether she had a child before.
GEORGE WOODHEAD , (Policeman, N 171). On 14th Jan., I was on duty in the New Road—the last witness came to me, and I took the prisoner into custody—I told her I wanted her for passing a bad shilling—I received these two shillings from Mr. Andrews—he gave me the first before I took the prisoner, and the other while going to the station—3s. 10 1/2 d., in good money, was found on her.
COURT. Q. What charge did Mr. Andrews make against her? A. Passing a bad shilling—I am quite certain of that.
Q. You say in your deposition, "Mr. Andrews charged her with uttering two counterfeit shillings? A. Yes; he said she had passed one the week before.
Cross-examined. Q. When did he give you the first shilling? A. About two minutes before I took the prisoner—this beer shop is not on my beat; I was on duty in the New Road, about two minutes' walk from the witness's house—I heard him say, in going towards the station, that she had been in his house the week before—she said she had never been in his house before.
NOT GUILTY .
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
ROSE YAGER . My husband is a grocer; we live in St. George's in the East. On 18th Jan., between 7 and 8 o'clock in the evening, the prisoner came; she asked first for a candle, then she said she would have half a pound, and then she would have three quarters of a pound—I served her—she then
had an ounce of tobacco; I served her with that—all the articles came to 8d.—she gave me a 5s. piece, I tried it, and found it was bad—I told her it was bad; she said, "No, it is not"—she tried to take it out of my hand, but I would not let her; she then wanted to go, and I would not let her—I spoke about a policeman, and I went to the door; she burst the door open, and ran away—I went about twenty yards after her, and stopped her—she offered me 2d. and her shawl to let her go—she pulled my hair, but I would not let her go—a constable came, and I gave her into custody, and gave him the 5s. piece.
Prisoner. I did not touch her hair.
GEORGE SAVAGE (Policeman, H 149). I took the prisoner into custody in Pennington Street, near the London Docks' wall—the prosecutrix had got hold of her by the arm—the prosecutrix's hair was all hanging down her back, and her bonnet was off—she gave me this crown piece—the prisoner was searched at the station, and 2d. found on her.
GUILTY .— Confined Three Months.
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
JOHN HOTINI . I am a fishmonger, in Shoreditch. The prisoner came to me on 12th Jan., between 12 and 1 o'clock—he asked for four herrings, which came to 6d.; I served him—he paid me a crown piece; I took it up, and told him it was bad—I said to him, "Well, governor, where did you get this from?" he said he did not know—I asked him where he lived; he said he did not know—I sent for a policeman, and gave him into custody—I gave the crown to the policeman; this is it.
Prisoner. It was on 9th Jan. Witness. No, it was on the 11th or 12th; it was on a Monday.
HENRY JONES . I am a whip maker, at No. 2, Hackney Road. On 15th Dec. a person, who I believe was the priconer, came and asked for a whip, which he pointed out—I told him the price was 5s.—he asked to look at a better one, which he did, but at last he took the one he had first seen—he gave me a 5s. piece; I laid it in the drawer—there was no other 5s. piece there—in about two hours, I looked at the crown piece; there was then no other in the drawer—I found, on comparing it with other silver, that it was bad—I gave it to Stocker about three hours after I took it.
Prisoner. Q. What day might this be on? A. On 15th Dec.
Prisoner. I was not up here till the very night before Christmas.
COURT. Q. What time was it? A. As near 6 o'clock in the evening as possible—I had a gas light in my shop—by his features and his dress I believe the prisoner was the person—the next time I saw him was at Worship Street Police Court, last Tuesday—I had given information to the policeman on the same evening, and I described the person—when I saw him again there were four others with him—I pointed him out immediately.
Prisoner. I never was in your shop in my life; I never bought a whip in my life.
JOHN STOCKER (Policeman, H 68). Mr. Jones spoke to me on this matter on 15th Dec.; he gave me this crown piece, and gave me a description of the person from whom he had taken it—on 12th Jan. I was called to Mr. Hotini, and took the prisoner—I had communication with Mr. Jones—theprisoner heard what he was charged with—he said he got it at a beer shop, the night before—I asked him where he lived; he said he did
not know, he lived in Buckinghamshire—I found his lodging, and I found there this dagger knife, and 2 1/4 d. was found on him.
Prisoner. I own I offered a 5s. piece in the beer shop, but not knowing it was bad; I took it on the Sunday night before.
Prisoner's Defence. The gentleman swears it was on the 12th, and that was on the right day of the month; the other gentleman brings me here on the 15th, which was Sunday; I was not here on the 15th, I only came the night before Christmas day; I am a native of Berkhampstead, in Hertfordshire.
GUILTY .— Confined Six Months.
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
CHARLES TETTMAR . I am a butcher in Hereford Place., Commercial Road. On the 24th Dec. the prisoner came to my shop between 8 and 9 o'clock in evening for half a pound of steak; I cut him three-quarters of a pound; it came to 6d.—he threw down a half crown—my wife took it and gave him 2s. change—after he was gone I asked my wife for the half crown—I tried it and found it was bad—I followed the prisoner and he got away—I knew him a week before, and I kept the half crown apart from other coin—on 7th Jan. I saw the prisoner in the road—I went down the road and met a constable and gave him in custody—I took the half crown to the station and gave it to the inspector.
Prisoner. Q. Did you give the half crown to your mistress? A. No, you chucked it on the counter, she put it in the till, and gave you 2s.—there were no more half crowns in the till—I did not say I never lost sight of it—I said it was never lost sight of—I turned round as you were leaving the shop; you went off very quick; quicker than I could go after you—when you went out you joined another man, and directly I was seen to come out of the door the other man gave a whistle and you ran—I knew you before.
AMELIA MARGARET TETTMAR . I was in the shop when the prisoner came for the steak—it came to 6d.; he threw down a half crown—I gave him the change and put the half crown in the till—there was no other half crown there—there were two or three shillings and a few sixpences—I had just given change.
WILLIAM FITZGERALD (Policeman, K 58). I was on duty on Thursday,7th Jan., between 7 and 8 o'clock—Mr. Tettmar pointed out the prisoner, who was on the opposite side of the road—he was looking towards Mr. Tettmar and me, while Mr. Tettmar was telling me he had passed a bad half crown—the prisoner then walked on sharper than he had before—we followed him, and Mr. Tettmar got in front of him and stopped him, and gave him in charge—I said to him, "Mr. Tettmar charges you with passing a bad half crown on Christmas eve"—he said to Mr. Tettmar,"Me! at your shop? where is your shop?"—I took him to the station, and on the way he put his hand to his mouth, and put something in his mouth—Itook hold of his handkerchief, and he made a noise as if he was swallowing something, and then shuffled his feet about in the gutter—when I took him to the station he said, "I laid down a good half crown on counter and the lady gave me 2s. change"—he said he did not run, but walked away—I went with another constable to where the shuffling of his feet took place—I found this other half crown in the soft mud.
Prisoner. Q. Would not any person make a noise, if a person took them by the handkerchief? what did you take me by the neck for? A. Beoause I
thought you were swallowing something—when I took you, you were with the prosecutor.
Prisoner's Defence. I asked for half a pound of steak; I gave a good half crown; I came out of the shop, there was a bus going by, and I went across the road; I know nothing of the half crown.
GUILTY .— Confined Four Months.
MESSRS. BODKIN and LAWRENCE conducted the Prosecution.
ALFRED TAYLOR . I am shopman to Mr. Lewis, a grocer, in Howard's Place, Hackney Road. On 14th Jan. the prisoner came and asked for half an ounce of tea and a quarter of a pound of sugar; they came to 2 3/4 d.—shegave me a shilling, which I put in the front of the till—there were two other shillings at the back—I gave her change, and she left—soon afterwards a man came in; he offered me a bad shilling—he ran away directly I told him it was bad—I then examined the shilling I took from the prisoner—Ifound that was bad—I took both the shillings to my master—I went out after the man, but I lost sight of him—I saw the prisoner; I brought her back, and told her she had given me a bad shilling—she said she had not—a constable was sent for, and the money was marked and given to the constable.
Prisoner. I gave you a shilling and you put it in the till with other silver, and took a sixpence out and gave me change. Witness. There were two other shillings in the till, but they were at the back—this one I put in the front—I did bounce your shilling on the counter, but I did not try it—youhad not left the shop half an hour before you passed again—it was not two minutes—directly the man ran out I took the shilling to my master, and I went out after him and saw you.
OWEN BRANNAN (Policeman, N 532). I received the prisoner in custody for tendering a bad shilling—this shilling was marked and given to me—the prisoner was taken to Worship Street station, and remanded and discharged.
WILLIAM MONAGHAN (Police sergeant, N 38). On 22d Jan. I saw the prisoner in Ball's Pond Road—a man was in company with her—I had a constable with me—I believe they saw us following them, and I saw them cross the road and put their hands together as if they were passing something one to the other—when they had crossed they went up a street—I followed and the man was not to be seen, but the prisoner was in front of me for some distance—I followed, and when I got to within ten yards of her I called to her—I watched her and saw her make a motion with her hand—I went to the place, and saw this black bag on the ground—she turned to me, and I laid hold of her and took her to the station—I produced this bag and said, "This is what you have thrown away"—she said, "I have thrown nothing away"—Ifound in the bag these three bad shillings, all wrapped in separate papers—therewas 3 1/2 d. found on her—the man was taken, but there was not sufficient evidence against him, and he was discharged.
Prisoner's Defence. I threw nothing away at all; I know nothing of it;
on my oath I never had it; if they were in a black bag would not the policeman have seen them go from my hand.
COURT, to WILLIAM MONAGHAN. Q. Was any one near her when she threw away the bag? A. No.
GUILTY .— Confined Four Months.
OLD COURT.—Wednesday, February 3rd, 858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Baron BRAMWELL; Mr. Ald. COPELAND; Mr. Ald. CHALLIS; Mr. COMMON SERJEANT; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Justice Williams and the Fourth Jury.
239. THOMAS PIPER and JOHN YOUNG were indicted for unlawfully breaking and entering a certain burial ground, and removing certain dead bodies. MR. SLEIGH (with MR. GIFFARD), for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN CHARLES CURTIS PILLARS (Policeman, K 422). On 22d Dec. last, between 5 and 6 o'clock in the evening, I was on duty in the Mile End Road; it was the day after Christmas-day, what is called Boxing-day—while I was in the Mile End Road I saw the prisoner Callagher; I saw him assault a man named M'Carthy—he struck him with his fist in the face and head—I saw McCarthy bleeding very much from the eyes, nose, and month—I took Callagher into custody for that assault on M'Carthy—this was in the Mile End Road—Callagher was rescued from me by some of the persons who were there, who are not in custody—I pursued him into Leslie Street, and there took him again; he resisted very much, and endeavoured to throw me on my back, and kicked me with his feet—the deceased Henry Morgan, a police constable, came up to my assistance at that time, in Leslie Street—he laid hold of Callagher on the right side, and I on the left—we then succeeded in taking him towards the station, as far as Jubilee Street—there was a large crowd following us as that time, I should say at least 100 persons—they did not interfere with us at all in Leslie Street, but when we got into Jubilee Street, the mob attempted to rescue Callagher; they endeavoured to pull him away from our custody—a very violent struggle took place between Callagher, myself, and Morgan; Callagher said he would not go to the station—there are some railings at the bottom of Leslie Street, which intercepted his progress—I overtook him there; he laid hold of those railings—thatwas before we got him from Leslie Street into Jubilee Street—it was in Jubilee Street that he said, "I will not go to the station"—at that time both Morgan and I had our staves out—we had our uniforms on; I had on my great coat, with my number on my collar—our staves were drawn in Leslie Street—while we were struggling in Jubilee Street, the prisoner Murphy came up—we were assailed by the mob with stones; I mean, they threw stones at us—Murphy laid hold of Callagher, and attempted to pull him away from us—after a very violent struggle we succeeded in getting him a little further towards the station, through Jubilee Street—then another
struggle took place between Callagher, myself, and Morgan; Callagher again became very violent; another shower of stones was hurled at us by the mob, several of which hit us in the head and face—Morgan's hat was cut through by the stones—Callagher then said that he would not go any further, no two b----policemen should take him to the station house (this was in Jubilee Street)—he then struck Morgan with his fist, and hit him twice in the left eye, two following blows; they were very severe blows; the second blow caused Morgan to stagger—in consequence of that blow he let go of Callagher, and he said to me, "Mate, that is almost a settler"—he said that to me in the presence of the prisoners—Murphy then laid hold of Callagher, and pulled him away, endeavouring to get him away from myself and Morgan—Morganhad let go of him after receiving the second blow in the eye, but took hold of him again directly—Murphy laid hold of Morgan's staff, and pulled him round in this position (sideways); he was standing with his back towards him at the time—Callagher dealt him several very heavy blows with his fist at the back of his head and neck—at that time Morgan's hat was off, I believe—I do not remember whether Morgan, after that, used his staff upon Callagher; I do not recollect—other constables then came up—after, Morgan was struck on the back of the head by Callagher, he received a blow at the back of the head from a stone, which cut through his hat—his hat had been put on again; at least, he had his hat on at that time.
COURT. Q. Do you know who threw that stone? A. I do not—it was thrown by one of the surrounding mob, I did not see where it came from, the stones came in showers—the road had been newly paved with broken granite.
MR. CLERK. Q. Was that stone the last blow you saw Morgan receive that night? A. No; he received another stone which cut through his hat in front of the right eye; that was just at the same moment—with assistance we succeeded in getting Callagher to the station.
COURT. Q. Did you see whether that second blow reached his head? A. Yes; it left an impression on his head, it was very slightly cut, it bled a little, it was more a bruise than a cut—I do not know whether the first stone that struck the back of his head produced any effect.
MR. CLERK. Q. Were there any blows struck by Callagher or Murphy after those two stones were thrown? A. Yes; Morgan was struck several times, I cannot say by whom—there were stones slung in handkerchiefs—I cannot say for certain as to Callagher or Murphy striking him afterwards—I have here a stone in a handkerchief, which I pulled away from one in the crowd—I believe Morgan was struck with that, I am not certain—we were struck with such stones as this—I have no doubt he was struck with that stone, or a stone of the same kind; there were several—this stone was in the handkerchief in the same way as it is now, used as a sling, I pulled it away from one of the crowd in this state—this other stone I knocked out of Murphy's hand with my staff as he was aiming it at Venables, a constable who came to our assistance—I saw more than one sling of this kind in the crowd; I cannot say who had them; I cannot mention anybody in particular; all those persons were trying to rescue Callagher from us—when the other constables came up we had to strap Callagher to a stretcher, and we took him in that way to the station—Morgan came and made a charge at the station that night, he assisted in taking Callagher to the station—he did duty until the following Wednesday, I think, and then took to his bed.
Cross-examined by MR. SLEIGH (for Callagher). Q. Were you in the same division as Morgan? A. Yes; I did not know him to be ailing and sickly before this; he was a very strong, powerful man, in full vigour and
health, not ailing at all—when I first came up to Callagher and M'Carthy, in the Mile End Road, there were a few persons present—I had taken him, perhaps, a dozen yards towards the station before the first attempt to rescue him; until I had got about a dozen yards there was no interference—I was then assaulted by a man named Henessey; he said, "Let go, you shall not take him to the station"—Callagher walked along with me until they began the rescue—thefirst attempt to rescue took place in the Mile End Road—there were no stones thrown then, the first shower of stones was in Jubilee Street; they were pieces of granite from the macadamized road—the first attempt to rescue lasted some two or three minutes, perhaps it might be five minutes—I was struck in the Mile End Road—Morgan was not present at that time; he came to my assistance in Leslie Street—I should think there were a hundred persons present in Leslie Street—the mob increased in Jubilee Street, and then they were indiscriminately striking blows, and throwing stones at me and Morgan—it must have been in Jubilee Street that Morgan was struck by the sling, I saw none before that—I could not swear that Morgan was struck by this particular stone, but I believe so—I pulled it from the hand of some person in the mob, he was swinging it about quite close to us—I have no doubt Morgan was struck by it, but I did not see it—I saw him struck by a stone that was hurled at him, but not slung in a handkerchief—I saw one stone, thrown by some person in the mob, strike him on the back of the head, and one on the front.
Cross-examined by MR. LAXTON (for Murphy). Q. Where did you first see Murphy? A. In Jubilee Street—at that time the mob were attempting to rescue Callagher; Murphy laid hold of him with others—he did not touch me before that—several others, besides Murphy, tried to rescue him, and laid hold of him—all the mob were attempting to rescue Callagher at that time—Murphytook a very prominent part in it—after that, I and my brother constable struck blows with our staves; we were necessitated to use our staves—I did not strike Murphy; I did not see him struck—other persons in the crowd were struck—Murphy then seized hold of the staff in Morgan's hand, and he was turned round by it—that was for the purpose of wrenching the staff out of his hand—I do not know that it was to prevent his striking people—he laid hold of it and pulled him, either to take it from him, or to take him from Callagher; he had hold of Callagher at that time—he endeavoured to wrench it from his hand, and in so doing Morgan was turned round—no other person had hold of Morgan at that time—blows had been struck at Morgan before Murphy attempted to wrest the staff out of his hand—Callagher had struck him previous to that—Icannot speak to any one else; I do not know of any other—I do not say that either of these stones were thrown by Murphy at Morgan; the stone that I struck out of Murphy's hand he was going to throw at Venables—I would not swear that Venables was using his staff.; I did not see him; he had it in his hand—he was engaged in quelling the disturbance—he was in plain clothes.
MR. BODKIN. Q. Did you hear Venables declare that he was a police constable? A. Yes—I would not swear how many persons were present when I saw the assault committed on M'Carthy by Callagher; perhaps ten or twelve—the persons that were about at that time did not interfere with my taking Callagher into custody—Leslie Street is about twenty or thirty yards from where the assault took place—it leads into Jubilee Street, and is close to it; there the mob had increased very much—when Callagher said he would go no further there was a large number of persons assembled, I should say at least 100—I saw several stones, slung in handkerchiefs, used in the general
attempt to rescue Callagher—Murphy was one of the most prominent in the attempt.
THOMAS VENABLES (Policeman, K 141). On the day in question, I was in private clothes—I went to the disturbance in Jubilee Street, between 5 and 6 o'clock in the evening—I found a mob of persons assembled, and should judge there were about 200 or 300—they were surrounding the constables and Callagher, some throwing stones, some trying to get the prisoner away from the constables—I did not see any stones used in handkerchiefs—I saw them, but did not see them used—I saw people in the mob with them in their hands—Isaw stones thrown at the constables; I could not say whether they struck them—when I got up, Callagher was lying on his back kicking and struggling, trying to get away—Morgan and Pillars had hold of him—I saw Callagher strike Morgan several times about the head and face with the fist—Idid not see Murphy do that—I did not see any struggle to get the staff out of the hands of any person—it was nearly over when I got up—a stretcher was procured, Callagher was fastened to it, and carried away—I had a staff with me; I drew it—after I struck Murphy he caught hold of my staff—I did not strike him until after he had struck me—he took me by the collar and struck me on the side of the head, and then I hit him with my staff—abrother constable came up and took him into custody—I got my staff away from him—I was struck by some of the stones—I got my head cut open, and likewise my nose; I do not know who did it; it was some of the mob—Ireceived a blow in the back with a stone tied up in a handkerchief, I believe, from Murphy, but I cannot prove it—I did not see him do it; he was behind me at the time—I was struck between the shoulders as I was in a leaning position—Murphy was the only man that was close to me at that time—I did not see whether he had any thing in his hand—they used very violent language to us.
Cross-examined by MR. LAXTON. Q. I believe for the assault upon you Murphy has been taken before a Magistrate and fined? A. Yes—a great many other persons were taken before the Magistrate on this charge, as being engaged in this affray, and being parties to this murder—they were not all discharged.
ROBERT EDWARD SWIEE . I am a surgeon, and live at No. 9, Sykes Terrace, Mile End Road. I saw the commencement of this affray; it was close to my house—I did not see M'Carthy assaulted by Callagher—I saw some of the affray previous to that—at the time that occurred they had moved away a little distance—when I came up the second time, Callagher had stopped at the bottom of Leslie Street, and was holding on to the railings to prevent his being taken on—he was at that time in the custody of Pillars and Morgan—hewent with them from Leslie Street into Jubilee Street—at that time time there was a great crowd surrounding them; I should think 100 persons at least—I followed and kept close to the constables—when they got into Jubilee Street I heard Callagher say that he would go no further, and he attacked both Pillars and Morgan with his fists successively; first Pillars, and afterwards Morgan; he struck them with his fists—I saw him strike Pillars several times; but Morgan only one blow, from which he staggered—that was a blow on the left side of the face or head—it was a severe direct blow with the fist, and it caused him to stagger back a pace or two, and let go his hold—Callagher immediately attacked Pillars again with his fists—Morgan came back to his assistance; he struck Callagher a severe blow on the top of the head with his staff—there were loose stones in Jubilee Street—the road had been mended some little distance further up—
directly Morgan had knocked Callagher down with the staff, the crowd flung the stones—the mob closed round on them and the stones were flung immediately—thatwas the first I saw of the stones—I heard one of the stones strike Morgan on his hat—I saw a stone strike Pillars in the ear, and at the same moment I heard another strike Morgan on the hat—I was close to them then—Ithink the stone struck him on the front part of his hat—I did not see anything of Murphy at that time—shortly afterwards, when Callagher was on his legs again, he wrenched himself away from the custody of Morgan, and Venables took him into custody; then Murphy seized hold of Venables—thatwas the first I saw of Murphy—he seized Venables and endeavoured to rescue Callagher—other constables then came up and secured Callagher and Murphy.
JAMES HORTON . I reside in High Street, Stepney, and am surgeon to that divison of the police. I had known the deceased for three or four years—Iwas called to see him on Thursday, 31st Dec., at his house, No.9, Watney Street, Commercial Road—I found him lying in bed in a partial state of insensibility—I asked him what he complained of—I roused him with some little difficulty; he wag in a state of stupor; he muttered, rather than spoke, that he had pain in his head, and he kept putting his hand to the left side of his head, and to the back of his head—I was not at that time aware that any violence had been done to him—I looked at the pupils of his eyes, one was contracted, and the other dilated, that indicated pressure on the brain—I considered him in a dangerous state—I attended him twice daily, until he died, which was on the Saturday following, 2d Jan.; he never rallied—I made a post mortem examination on the 4th—I found a black mark over the left eye—Iexamined carefully all the outer portion of the scalp, and found no other marks of violence, except the blackness over the eye—I then opened the head, and examined to see if there were any bruised marks, but there were none; there were no marks of violence there—I examined the dura mater, the vessels of which were very much congested—I found an escape of about two teaspoons full of black blood from the back part of the head—I did not see any lesion of any vessel from which that blood had escaped—I then examined the arachnoid, or second membrane of the brain; I found it inflamed and vascular, with deposits of pus, or matter, on the surface of the membrane—Ishould think those deposits must have been made within a few days, or, perhaps, a few hours of his death—I consider they were sufficient to account for death—I believe the effusion of blood came from the vessels of the pia mater—that also was sufficient to cause death—the substance of the brain was healthy, but I found fluid in the lateral ventricles; that was not material, it would result from the inflammation of the membranes—I should say that the inflammation was recent—I opened the chest and examined the heart; it was somewhat flabby, and there were considerable adhesions of the pericardium to the heart—I consider they were of some standing, they were firm; I am not aware that those adhesions would indicate anything particular; I should say they would not account at all for the state of the head, the man having been perfectly healthy up to the time of the accident; the state of the heart was in no way due to the adhesions, they may have existed from birth; it is impossible for any one to say—I think that very severe blows on the head would tend to produce congestion of the vessels of the brain, and inflammation of the membranes of the brain, such as I found—I think that blows which left no external mark might cause the appearances I found; it is quite possible that the effusion at the back of the head might have arisen from the rupture of a small vessel at the time the blow was given, although
that blow might leave no mark; a small vessel might have been ruptured, and a slow effusion taken place, without preventing the deceased from doing his duty; that might be so until the blood had sufficiently accumulated to cause pressure on the brain, and cause death—the state of insensibility in which I first saw him, was quite consistent with that process going on; it was consistent with any pressure on the brain—I had known him for three or four years; he has called at my surgery on various occasions, and to the best of my recollection it was for pains in the head and for indigestion; he had medicine—that was three or four years ago; I had not seen him for the last three years, he made no further application to me; it would be my duty to see him, as surgeon to that part of the force—I gave him some medicine on that occasion, and from that time until his death I did not attend him professionally once—I believe his age was twenty-five or twenty-six, he was a very fine, tall, robust man.
Cross-examined by MR. SLEIGH. Q. The proximate cause of death was the pus and the effusion? A. Yes—the first I heard of this affray was from his wife, when I was called to see him first; I inquired what was the cause of his being in that state, and the cause of the blow over the eye, and his wife then told me of this.
Q. Supposing you had heard nothing at all about this affray, but had been merely called in to make the post mortem examination, were not the appearances you found consistent with natural causes? A. I should consider that the inflammation of the arachnoid membrane, with the deposit of pus, were consistent with natural causes, and I should also consider that the effusion of blood at the back of the brain, in an older subject, would be consistent with natural causes; but in a man so young, I believe it very rarely indeed, if ever, occurs—I must certainly say, that it might have arisen from natural causes—excitement would probably produce congestion of the membranes of the brain in some cases; and, consequent upon that, you might even get the rupture of the smaller vessels, and the effusion of blood that I saw; still that does not alter my opinion of the case—finding these appearances, if I had not been aware of any cause, I should have been led to make inquiries whether he had received blows on the head—if I had merely been called in to make the post mortem examination, I certainly must have concluded that he had died from natural causes, but they were most extraordinary natural causes; I must have considered that there had been no violence, if it was not proved.
GUILTY of Manslaughter.— The Jury strongly recommended Murphy to mercy, there being no proof of his having struck the deceased.
CALLAGHER— Confined Two Years.
MURPHY— Confined One Year.
Before Mr. Baron Bramwell, and the First Jury.
MR. ROBINSON conducted the Prosecution.
ROBERT STEELE . I a private in the 2d battalion of the Scotch Fusileer Guards, stationed at Windsor; the deceased David Tarbett was in the same battalion. On 28th Dec, I was in London with him, on leave of absence—on 28th Dec. we were in Rosemary Lane, about 3 o'clock in the day; we were coming from the Commercial Road towards Queen Street, and saw two women fighting, one had a child in her arms; I interfered with them, and said not to strike the child, when I was collared by a mate of the prisoner's—Tarbettat that time was standing by; he did not do any thing—when I interfered, I merely put up my cane between the two, not to have any fighting;
the prisoner was not there at that time—I was caught by the coat, my epaulettes torn off, and I lost my cap—I took off my belt, and struck the prisoner's mate with it over the head, when I was overpowered with the crowd—Igot out of the crowd into the street again, and saw my companion knocked down in the street by a hammer; I saw the hammer thrown; that was near the close of the affray, when I got out of it—Tarbett had not been doing anything during that time—it was the prisoner who threw the hammer, he came out of a tinsmith's shop, he was about eight paces from the deceased when he put his arm up—I cannot say whether it was thrown above hand or under hand; in the excitement of the affray I could not exactly say; it struck him on the right side of the head above the ear; it was a small iron hammer; the prisoner did not say anything at the time he threw it, in my hearing—I was not above four yards from the deceased at the time he received the blow—Tarbettfell—he got up on his feet again, and I afterwards took him to a Burgeon's, and had his head dressed—we went to a public house, but he did not drink any thing; I then parted with him, he was going home to his friends—I did not see him again.
Cross-examined by MR. PLATT. Q. There was a great crowd looking on at the women, was there not? A. Yes; I could not say how many—I and his brother went with him to the surgeon's, he walked by himself—he said that he would not take any proceedings against the prisoner, he did not want to have any thing to do with him, because he did not think the wound would be of any effect—the deceased and I had not been drinking at different public houses before this, we had had nothing but what we had with our dinners in the Commercial Road—he had no cane—the prisoner came out of a tinsmith's shop, I cannot say whether he works there; I saw him come out—I saw the hammer when he came out, it was a very small one—when we first saw the women fighting, Tarbett did not call out to me, "Here is a row, let us come up and see," he did not say anything—we crossed over to the women, I called out to them, and said, "Don't be fighting"—I did not hear the women say, "Mind your own business; go about your business, and don't interfere with us"—Tarbett did not raise a cane and strike the woman; he did not interfere any more than you did, it was I that lifted the cane—we both had our belts on—I did not strike the woman with my belt, I struck a man who, as far as I could learn, was her husband—I did that because I was overpowered by a great crowd, both by the women and their acquaintances—Ido not know whether it was by the prisoner or not, but by the crowd round me—the man had struck me and knocked me down, before I took off my belt—I do not know whether the belt cut him or not—Tarbett did not take off his belt—after striking the man with my belt, I ran away towards Tower Hill, leaving Tarbett there; I came back again, I was not away quite three minutes—Tarbett did not, in my presence, strike the prisoner's wife on the face and nearly knock her down; he never struck her or any person at all—she did not call out for her husband in my hearing; I heard no woman call out any thing—it was before I went away for the three minutes that I saw the hammer thrown.
MR. ROBINSON. Q. When you held up your cane between the two women, what were they doing? A. They were quarrelling—I saw the one without the child strike a blow—I said not to strike the child or to quarrel—I was informed that it was the prisoner's mate who struck me—I did not see them together on that occasion—I did not use any sort of violence, whatever until I was struck by his mate—I do not know whether either of the women was the prisoner's wife.
JULIA HURLEY . I am the wife of Thomas Hurley, of No. 125, Rosemary Lane. I know the prisoner and his wife—On the afternoon of 28th Dec. I was in Rosemary Lane with a child in my arms coming up towards my own door; a woman came up and asked me whether it was my child, I said, "Yes"—she said, God help me, I had enough to do—I was just telling her that I had buried a fine girl, when another woman came up and struck me—thenthe soldier came up, put up his cane, and said, "Don't, mistress," or "mother, don't strike the woman, with a baby in her arms"—then the crowd all gathered away from me, and I could not tell what happened for a good bit—the soldier who lifted up his cane did not strike any body that I could see—I do not know not know whether any body struck him or not, at that time, not till a good bit afterwards—I saw one blow given by the prisoner on the soldier—I could not tell where he came from—he was close to the soldier at the time he struck—he struck him with a hammer on the head—I saw him put up his hand—I only saw one cane—I do not rightly know whether the other soldier had one.
Cross-examined. Q. You are not sure, I believe, whether the prisoner threw the hammer, or struck—so? A. To the best of my belief the hammer was in his hand, but I could not rightly tell you—I am not quite sure whether he threw it or not—I am not a friend of theirs, I am quite a stranger there—I am a poor woman that has five children, and nobody but God Almighty and myself to provide for them—I do not go about begging; I would not let my children go without, if I had nothing to give them—I do not go about regularly every day as a beggar—I do not support myself almost entirely by begging—I have got a little boy, and some days he will bring me a half crown, and some days not a shilling—I do not send him out begging; he goes out shoe cleaning—I do not live with my husband; he left me three months ago, the Monday after my little girl was buried, and where he went to I cannot tell; I was a good wife to him—I dare say the policeman in this case has been talking to me about this matter; he has spoken to me twice about what I had to say—I did not wish to come up here against the prisoner, because they are a long tailed family, and I am afraid of my life every day; I would rather not have had any thing to do with it—I did not go to the prisoner's house two days after this, and begin drinking with his wife; I do not know where his house is, and never was there in my life—I have not been repeatedly drinking with his wife since this occurrence—I can not say I have never done so.
MR. ROBINSON. Q. You never saw the soldiers before that day? A. No—Iwas willing to come and tell the truth, but I am afraid of my life—my husband did not leave me on account of my drunken habits—he has left all the children with me.
COURT. Q. Do you know who the woman was who was speaking to you, and asking if the children were yours? A. I do not know her name—it was the prisoner's wife—I did not know her name; she spoke to me first; then another woman came up and struck me—it was not the prisoner's wife who struck me first, but another woman—she did not say why she struck me; I did not open my lips to her; I was only speaking to the prisoner's wife, and the other woman came and struck me—she did not say any thing when she struck me—I did not ask her why she did it; I had not time, because I was thunderstruck, and only tried to protect myself, and then the soldier came up and put up his cane.
SAMUEL FULLER (Policeman H 153). From information I received on 4th Jan., I took the prisoner into custody in Royal Mint Street—I told him I wanted him for assaulting a soldier on the 28th Dec., against the Clock House
public house—at that time the deceased was living—he said he was not there, and knew nothing of it—I saw Tarbett next day at Windsor barracks, or hospital—I took the prisoner down to Windsor on the 5th, and Tarbett made a deposition before a Magistrate—the prisoner heard what he said, and had an opportunity of cross-examining him—I saw the Magistrate append his signature to it; this is it (produced)—I did not see Tarbett after he was dead—on 5th Jan., while we were at the hospital, the prisoner told me that the deceased struck his mate's wife, and he got a cut with the hammer, and he gave it to him—thosewere the words he used, to the best of my recollection. (The deposition of David Tarbett was read as follows:—"I am a private in the 2d battalion of the Scotch Fusileer Guards, stationed—I was on three days leave, from Thursday, 24th Dec. last—I went to London—on Monday, 28th Dec. last, I was in Rosemary Lane, near the Tower of London—I was going home towards Queen Street—Robert Steele, a private in the same battalion, was with me—Isaw two women fighting; one woman was striking another with a child in her arms—Steele interfered with them to quiet them, and a man went to strike him—I stepped forward to protect my comrade, Steele, and was trying to get him away, when some man behind me struck me on the side of the head with a hammer; the blow made me insensible—there was a great crowd round the man now present—Patrick Riley is very like the man who struck me, but I cannot positively swear to him."
FREDERICK ROBINSON . I am battalion surgeon to the Fusilier Guards at Windsor—Tarbett was admitted to the hospital on 2d Jan.—he was in a state of partial insensibility—I examined his head; I found a wound there nearly healed—from the symptoms, I considered it necessary to enlarge the wound, and I then discovered a fracture of the skull—after the operation of trephining was performed he recovered his sensibility—he continued to do well until within two days of his decease, when he became worse, and died on 26th Jan.—in my judgment a blow from a hammer would cause the appearances I found on the skull, and that blow would cause death—the injury to the skull was the cause of death—I examined the head after death—I was present at the examination by the Magistrate—I saw this policeman there.
Cross-examined. Q. On what day did you perform the operation of trephining? A. On the day of his admission, the 2d Jan.—I do not know what course of living he adopted from the time of the injury to the time of his admission—he was at Windsor—It would have been possible for him to recover from such an injury without any operation at all, supposing he had lived carefully and had abstained from drinking—the operation of trephining is one of the very last resort; it is an operation which is mostly fatal—I did not think, at the time this operation was performed, that it was one attended with very considerable danger to the patient; but I considered that the case was one of imminent danger, and had not the patient been operated upon he would have died—it is an operation which is frequently fatal; it would be doubly dangerous, and most probably end mortally, if he had been out drinking previously; that would add to the danger—he died from abscess; that is a common result of inflammation—he died on 26th Jan.—that would be twenty-four days subsequent to the operation—I am able to state that death did not proceed from the operation—the abscess was seated some distance from the seat of the operation.
MR. ROBINSON. Q. Do you believe he could possibly have recovered if you had not resorted to that treatment? A. I do not.
COURT. Q. You were asked a question, and adopted the expression, "Had he lived carefully and abstained from drinking." Did you mean to express
any opinion that he had not lived carefully, or that he had been drinking? A. I am ignorant of that; it was a question of possibility, put to me, as I understood; the injury to the skull might possibly have been cured without trephining, and, with that view, abstinence from drink and careful living would have been necessary.
MR. PLATT. Q. Was not that part of the skull which was struck by this instrument particularly thin for a man of that age? A. It was thinner than is usually met with.
COURT. Q. Bearing in mind that particular condition of his head, would a light or trifling blow have inflicted the injury, or must it have been a blow given with violence, or with an instrument of some weight? A. I think the blow must have been given with violence, or if the instrument was thrown, it must have been thrown with force.
JURY. Q. Is it usual in such cases to have a second opinion? A. I had a second opinion from my colleague—I am not prepared to state the average number of these cases that have been successful.
MR. PLATT called the following Witnesses for the Defence.
WILLIAM SULLIVAN . I am a jobbing whitesmith. The prisoner occasionally works at No. 124, Royal Mint Street—on the afternoon in question, about 3 o'clock, I was coming home, by way of Tower Hill, and saw a crowd of people, and a party of women fighting outside No. 124, Royal Mint Street—Iremained some little time on the opposite side of the way, looking on—afterbeing there a few minutes, I saw two soldiers coming along, the witness Steele was one of them, Tarbett was the other—one of them said, "Oh! here is a row; let us come over"—they crossed over the road; Steele had a cane, I did not see one with Tarbett—Steele said to one of the women that was fighting, "Don't be fighting old woman, or hurt the child"—the woman told him to go away, and mind his own business; and I dare say she said something more unpleasant to him, which I did not exactly hear; but he struck her two or three times over the head and face—I saw that—I cannot exactly say which of the three women it was; there were three of them in it, the prisoner's wife, the witness Hurley, and another, the wife of a man named Maloney—the prosecutor's mate, struck her two or three times over the head and face with the cane, and she pushed him—her husband was coming out, and made way to get between them, and Steele took off his belt and struck Maloney in the face with it—Tarbett had his belt on, I believe, I did not see it taken off; Maloney then thought to strike Steele, but he got out of the crowd—Tarbett got very much excited at seeing his comrade about to be struck, and he laid hold of the prisoner's wife, and struck her in the face—I saw that—she fell, and called out, "Murder!" and for the protection of her husband—Riley appeared to be at work inside the shop, he came out immediately after his wife called out; he had a hammer in his hand; it was a small hammer, apparently about a few ounces weight, somewhere about a foot long, with a small head—he flung it at the deceased, I cannot say that I saw it strike him, though I saw him put his hand up to his head—that was all I saw.
Cross-examined by MR. ROBINSON. Q. How long have you known Riley? A. Upwards of five or six years—I have had occasion to know his character and his habits; I am pretty intimate with him, but no relation—I live at the bottom of Royal Mint Street; I am intimate with his family—I am not intimate with the Maloneys—I do not know where Maloney is—I have seen him about this place to-day, and his wife also—it was on the prisoner's wife crying out "Murder!" that he came out—he saw his wife down on the ground—I told
you she fell down after receiving the blow from the deceased—Riley was inside the shop when his wife was struck—I do not know whether he saw it; it is partly an open shop; being a tinman's premises; he might have seen it—therewas a great crowd; it was shortly after boxing-day, when drink is given by publicans, and the people are mostly all drunk—Tarbett was about five or six paces from the shop, out towards the road, a little to the side of it—I have never seen the hammer since, and I had never seen it before; it was a small hammer; it was similar to what I use in my business, but not so heavy—therewere not several persons about there that I knew—the prisoner lives some 200 or 300 yard from there—I do not live in the same house—I stood quietly on the other side of the way during the whole time; of course I was not going to interfere—I did not see any blow struck by either of the women; they were arguing for some time before I came up; they were fighting with their tongues—they were in conflict when I came to the spot.
GUILTY of Manslaughter.—Recommended to mercy by one of the Jury, on the ground that he might be under the impression that his wife had been ill used.— Confined One Year.
NEW COURT.—Wednesday, February 3rd, 1858.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; and Mr.
Before Mr. Recorder and the Sixth Jury.
242. JOHN HORTON (47) was indicted for forging and uttering, on 12th Nov., an acceptance of a bill for 20l.; also, on 14th Nov., an acceptance of a bill for 18l. 10s.; also, on 2d Nov., an acceptance, of a bill for 23l.; also, on 3d Dec., an acceptance of a bill for 28l.; with intent to defraud: to all which he PLEADED GUILTY , and received a good character.— Five Years Penal Servitude.
243. RICHARD RIDER (57) was indicted for forging and uttering, on 18th July, an order for payment of 26l. 10s. 5d.; also, on 24th Oct., an order for payment of 32l. 17s. 6d.; also, on 17th Jan., an order for payment of 81l. 12s. 10d.; to all of which he
PLEADED GUILTY .— Four Years Penal Servitude.
244. JOHN HEALEY (19) was indicted for a robbery on Mary Ann Ellis, and stealing from her person, and against her will, 26 yards of linen cloth, 1 shirt, and 1 piece of paper, value 3l. 5s.; her property.
MARY ANN ELLIS . I live in Wharf Road, Kingsland Road; I work for Mr. Silver, in the City. On the evening of 27th Jan. I went and got the materials to make half a dozen linen shirts, and one pattern shirt; they were done up in a paper parcel—I was going home, and as I went along Bishopsgate Street, the prisoner came out of a court, and took the parcel from under my right arm—he ran up the court, and I after him—he got to a place where I lost sight of him—I saw the face of the person who took the parcel—I met the policeman, and he got the prisoner; he was the person who had taken my parcel.
GEORGE TILLEY (City policeman, 643). On the night of 27th Jan. I was on duty, and received information, in consequence of which I went into Angel Alley—I saw the prisoner coming over some ruins—I looked at him,
and asked him what he had done with the bundle—he said he came from Bishopsgate Street, and he had seen no bundle—I took him back to the corner of the ruins, and found this bundle at the part where I saw him coming from—I found the piece of paper the next morning, with the party's name on it—when I took the prisoner to the last witness, she said, "That is the man that took my bundle in Bishopsgate Street"—he made no reply.
Prisoner. He took another boy first, and they said that was not the boy, and he took me. Witness. There were several boys about, but no one was charged but the prisoner.
JURY. Q. Are you quite certain about the prisoner, or have you any doubt? A. I looked at him so closely that I can swear to him—there were all the lights of the shops on him—it was half past 6 o'clock—he was not away from me five minutes.
GUILTY . **— Confined Twelve Months.
THIRD COURT.—Wednesday, February 3rd, 1858.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY.— Judgment Respited.
JAMES PLEADED GUILTY .— Confined Twelve Months.
MESSRS. TINDAL ATKINSON and MEW conducted the Prosecution.
CHARLES SWANN . I am a shipwright, of Regent Street, Blackwall. On 4th Jan., about 6 o'clock in the evening, I was in High Street, Poplar, and saw the prisoners and another man and woman opposite the Coopers' Arms, at the corner of Robin Hood Lane—James took something in a paper out of his pocket, gave something out of it to the men, and the two men went across the road into the Coopers' Arms, and called for some gin—I just looked inside the door, and told the barman something—I saw the two men at the bar; they paid with a 2s. piece—I cannot say which laid it down—I did not see it tried or returned to them—they went out, and went across the road to a little beer shop, Taylor's, and the women stood in the road—I went in directly they came out—I found a policeman towards Poplar, and he followed them with me to Shore and Brill's clothes shop—one of the men went in there, and the prisoners were over the road—the man came out, kept on the same side, and walked a little further up—Vernon went towards Commodore Court, and the other man walked towards High Street—I lost sight of the women—Iafterwards saw James coming down to Vernon, but she did not join him, as a constable seized hold of her.
CATHERINE MARKS . I manage the business of my sister, who keeps the Coopers' Arms, High Street, Poplar. On 4th Jan., about 6 o'clock, Vernon and another man came in for half a quartern of gin; one of them gave me a 2s. piece; I bent it in the detector, returned it, and said, "You must give me better money"—Vernon took it up, looked at it, and handed it to the
other, who said that he had taken it in change for a sovereign—one of them then laid down two penny pieces, and they went away.
EDWARD DUGAN (Policeman, K 71). On 4th Jan., about 6 o'clock, I met Swann, and we followed the prisoners and a man—I saw the two prisoners go up Commodore Court, while the other person went into a shop—I went past the court, and returned to see what the man was doing in the shop—the prisoners came down to the bottom of the court, and stood speaking to each other—I asked Vernon where he lived; he said, "What is that to you?"—Jameswalked on—I asked him what he had been doing at Mrs. Belcham's; he said, "I know nothing about Mrs. Belcham's"—I said, "The public house at the bottom of the street," and told him I should take him for attempting to pass counterfeit coin there—I took hold of him, and he became very violent, and tore the collar of his coat—James came back, and I asked him if he knew her; he said, "No"—another constable came, and took him by the collar, and I laid hold of James, and held her as long as I could, but Vernon took me by my belt, and James struggled and got away; I followed her, and found her in custody of a person named Hall, at the railway bridge—shehad 13d. in copper in her right hand—I took hold of her hand, and she said, "It is all right; these are coppers"—I had not charged her with any thing then—Hall and I afterwards went back to the railway, which runs under the street, near the bridge, and I saw him pick up a florin and two shillings, which were lying on the rails, also a small piece of paper, which had a circle on it from coin, but I have lost that; it was gone when I got to the station—the coin was about fifty paces from where the prisoners had been standing—James was taken on the bridge.
HENRY HALL . I am a shipwright, of High Street, Poplar. On 4th Jan. I saw the prisoners and another man—James gave the two men something; the other man crossed to Shaw and Brill's, and I saw money in his hand—I walked up towards Arrow Lane, watching the woman, and lost sight of her—Iwas talking to a gentleman, and we saw the woman run towards us—someone called out to stop her, and she lifted up her right hand, and threw something—I caught her in my arms—Policeman 71 came up, and we took her to the station—we then returned, and found these two shillings and this florin down on the railway, about eighteen inches apart, and from six to ten yards from where James raised her hand—I only saw the coins.
VERNON— GUILTY . *— Confined Twelve Months.
MR. MEW conducted the Prosecution.
JOSIAH LIALL . I am a general dealer of No. 1, Henry Street, Bromley. On Friday 15th Jan. about 1 o'clock, I was at the New Cattle Market, with a mare and cart, which was marked with chalk "For sale" at the back and the side—shortly after I had been there Hunt asked me what I wanted for the horse and cart, I said, 5l. 10s.—he bade 4l. 10s., which I ultimately agreed to take—heleft me to find the man who wanted it—after the market was over, Wedge and Hunt came to me together, and Hunt said that he would take me to the man's house that wanted the horse and cart—he jumped up into the
cart, and we all three went on—on the road Wedge said, "You stop here; I will buy your horse and cart of you"—he told me to stop at a public house about a mile from the market, and said that he would buy it, if I would give him a stamped receipt for 30s., and he would give me the rest of the money when he got home, but I refused—he drove on again to the Cranes public house, I do not know the name of the street—he wanted to pay me 30s. there, and gave me a stamped receipt, and wished me to drink, but I declined, and we all three drove on—he then said that, if I went back to the Cranes, he would buy it of me—we went there, and Crawley left the house, and said he would bring somebody who would buy the horse and cart—we all three went in, and left the horse and cart outside—Hunt then went out, and said he would bring somebody in who would buy it, leaving Wedge and me together in the public house—he returned in six or seven minutes with Flinn and Crawley—Crawleycame to me, and said that he would buy the horse and cart of me—theyall went out together to look at the horse—Crawley offered 4l. 10s., if I would give him 1s. discount, which I agreed to—he wanted me to take a deposit and bring the rest of the money in the morning—Hunt said it was all right, that Flinn and Crawley were cattle dealers from the country—Flinn said of Crawley, "He is my brother," and that he lived at Stamford Hill, and could not go there for money, but I was to come in the morning—I did not agree to that, and was going to leave with my horse and cart, and Hunt said that he would take me to the man that wanted to buy the horse—we all went to Union Street, Bishopgate—the man he took me to there looked like a Jew; he bade 4l. for it; I refused that—Crawley and Flinn said that they would buy it, if I went back to the three Cranes—we all went back there, and went inside; Wedge and Crawley went out, and left Hunt, Flinn, and me in the house—Flinn said that he could not get the money, would I give him my direction, and he would come down to my house in the morning for the horse—he borrowed a pen and ink of the landlord, and asked some person to write the direction as I could not write—my direction was written down, and Flinn took it—I was going home, but was stopped at the door by a party who shoved me in, and when I did get out, the horse and cart were gone—Huntand Flinn remained, but I saw nothing of the other two after that—I ran out and made a communication to Policeman, H 105—the cart was found in the Green Yard, but I have not found the mare.
MR. RIBTON stated that he appeared for Hunt and Wedge, the first and last prisoners in the indictment, but in order that he might not have to cross-examine first, Mr. Langford would watch the case for Hunt. THE COURT was of opinion that as Mr. Ribton had admitted that he appeared for Hunt as well as for Wedge, he must proceed first, as he must not cross-examine twice; upon which Mr. Ribton declined to cross-examine.
Cross-examined by MR. METCALFE (For Crawley and Flinn). Q. How far is the Cranes from the Cattle Market? A. About five miles, and about three miles from my house at Bromley—I had seen Wedge and Hunt before, but not the others—I was once tried for something of this sort, and acquitted innocently; the judge said that there was nothing against me—I was charged with stealing a horse from Bromley, with another man, and selling it; the other man has never been taken—I am a general dealer, I get my living by hawking and selling things—I buy any thing I can get an honest penny at—I have no shop; I have a stable—I go about with a coke cart, and collect bones and rags, take them to my stable till they accumulate, and then take them to market—I was not going to give up business, but I could buy a cart which would suit me better—the mare was about fourteen hands high.
MR. MEW. Q. What colour was she? A. Brown—it was an old cart—ithad been painted green, and then blue over it; but the blue had worn off and left the green.
THOMAS HARRIS (Policeman, H 81). On 15th Jan., I took Hunt, in Old Montague Street, Whitechapel—I told him he was charged with being concerned, with others, in stealing a horse and cart—he said, "I do not know any thing at all about it; I was up at the market, and I came home with them to the Jew; they wanted to buy the horse and cart"—the prosecutor was with me—on 16th Jan. I met Flinn at the Three Cranes public house, Brick Lane, Spitalfields—I called him out, and said that he was charged, with others, in stealing a horse and cart, last evening—he said, "I know nothing about it; I never saw the man before"—Liall, who was with me, said, "Yes, you were in the public house with me last night; you were one of the four"—I took him to the station—on Sunday evening, the 17th, I took Wedge, in Wentworth Street, and told him the charge; he said, "Very well, I do not know any thing about it"—I took him to the station—I was with him at the police office; his father, who was sitting in the same room, said, "Now, George, if you know any thing about this horse and cart, you had better speak the truth; it will be better for you"—Wedge said, "I was at the market with one of them, and rode to the Jew's, and the horse and cart are over the water"—I was in the same street on duty that afternoon, and saw the horse and cart standing at the Three Cranes, about half past 6 o'clock—thecart was marked, "For sale," in chalk—it was a dark brown horse, about fourteen hands high—Liall spoke to me when he came out of the public house—I have seen the cart since, at Mr. Bastable's green yard, in the Borough—Itook Lyall to see it, and he said that it was his.
Cross-examined by MR. RIBTON. Q. Was there a crowd about the public house? A. No—I stood at the corner, looking at the horse and cart, and saw Wedge looking out of the door—there are two doors to it—I saw no people coming in and out; there is a thoroughfare through the house, one side in Brick Lane and the other in Fashion Street—I had not been in the Three Cranes that evening.
Cross-examined by MR. METCALFE. Q. Do you know Crawley? A. I have seen him in a cart with a man named Forester, but not driving.
ALFRED REED (Policeman, H 105). I received Crawley from another constable at the police station—I told him I charged him with being concerned, with others, in stealing a horse and cart—he said, "I know nothing about it"—on Friday, 18th Jan., about half-past six o'clock, I was on duty in Spitalfields, and saw Wedge and Crawley, with a horse and cart, in Lower King Street, not a quarter of a mile from the Three Cranes, going from it—itwas a dark brown horse, middling size, and a dark green cart, with chalk marks on it—Wedge was driving, and another man, who I do not know, was was with them—about three minutes afterwards, Liall came to me and I told him something—I have searched, but cannot find the horse; the cart has been found—I went back with Liall to the Three Cranes, and saw Hunt there—Iknow Wedge and Crawley, and have seen them frequently together—I know Flinn, but do not know so much about Hunt.
Cross-examined by MR. METCALF. Q. Was it light? A. Light enough for me to see—as near as I can say, the cart was green—I will not swear it was not blue—I swear there were chalk marks on the side.
evening, about half past 6 o'clock, and saw a brown horse and an old green cart standing before the Three Cranes—I saw Wedge and two more who I do not know come out of the Three Cranes, and get into the cart—Wedge got behind, and one of the others was driving—they drove right down Fashion Street—I knew Wedge before.
JOHN BOLE (Policeman, H 181). On Friday, 15th Jan., between 7 and 8 o'clock, I was going home, and a horse and cart passed me, so quickly that I could hardly tell what sort it was—there were three men in it, going at the rate of fourteen miles an hour—I called after them, but they appeared to go faster—I knew them all; Crawley was driving, Flinn was sitting at his side, and Wedge was standing behind, holding his hands on the shoulders of the others—this was in Cheshire Street, Waterloo Town, Bethnal Green, about half a mile from the Three Cranes.
COURT, to JOSIAH LIALL. Q. Was it directly after the paper was taken up that you went to the door to go out? A. Yes—I was gone perhaps half an hour, before I came back into the house—I do not recollect seeing Flinn there when I came back; I saw Hunt—I did not see Flinn again that night, after he took up the paper—it was between 6 o'clock and half past; I do not know exactly.
GUILTY .— Confined Twelve Months Each.
JOHN BARBER (Policeman, E 42). On 2d Dec., about 1 o'clock in the night, I was on duty in Southampton Row, and saw some dirt on a rail adjoining a shutter box, which is against a wall about ten feet high—having suspicions that some person had got over there, I got assistance and got over the wall, and, after searching some time, found the prisoner concealed under some steps, at No. 55, Southampton Row, in the back premises, outside the house—Itook him to the station and charged him; he gave no name and address, but said that he was a printer—I searched the premises next morning and found marks of a crowbar on Mr. Searle's back window, which had been raised.
WILLIAM BEST (Policeman, E 154). I heard Barber call, assisted in searching, and found the prisoner under the steps of No. 55, Southampton Row—Barber took him, and I found this crowbar (produced) by the side of where he was lying—I searched and found Mr. Searle's back closet window, of No. 2, Bloomsbury Place, open—there were marks on the sash, as if it had been forced open—I put the crowbar to them and they fitted exactly—thatis about fifteen or twenty yards from where the prisoner was found—Ifound a ladder placed down the back area of No. 2, and a window of No. 4, was forced open.
Prisoner. Q. How long was it after you found me that you found the crowbar? A. Not a minute; as you were taken from the corner, I picked it up beside you.
NATHANAEL BLAKE . I am butler to Charles John Baker, of No. 2, Bloomsbury Place; the Corporation House of the Sons of the Clergy—at 1 or 2 o'clock on the morning of 3d Jan. I was disturbed by a noise outside—I listened, and in a few moments heard something come down heavy—I got up, and found it was a ladder which was in the area—it had been put under the garden wall on the same day—I saw the prisoner close to the pantry window, where I had been sleeping—I rose the window up two or three inches and called, "Halloo! who are you?" and he went up the ladder—he was not a
yard from me—I took a good view of him by the moonlight—he was taken by a policeman, and brought round to the front of the house—I am sure he is the man—I called my master up.
KATE SEARLE . I am the wife of Charles Gray Searle, artist and surveyor, of No. 4, Bloomsbury Place. On 2d Jan., between 10 and 11 o'clock, I closed the water closet window and bolted the lobby door—next morning I found that the window had been opened, and it had never been open before, being stuck by paint—the marks in it correspond with this instrument—that would make an opening big enough for a man to get in—a towel in the water closet, which had been hanging up, I found in the wash-hand basin, and the soap dish and soap were put into it—the door leading into the lobby, which I had bolted, had been opened—there were marks of gravel on the seat, and marks of three fingers on the window inside.
Prisoner. Q. Is there any fastening to the window? A. No, but it was painted up—I do not think it was very firm—a tall man could remove the towel and soap dish without getting into the closet.
The prisoner's statement before the Magistrate was here read at follows:—"Whenthe constable found me I was not sober; I never saw the crowbar until it was produced in Court here."
Prisoner. Q. Did you see a bottle in my possession? A. Yes; you drank the contents, and then threw the bottle away—it appeared like gin to me.
The prisoner, in his defence, stated that he was an American; that some men met him on the night in question, knocked his cap off, and threw it over the wall of No. 1, Southampton Row; that he got over after it, and found it impossible to get back; that he went to the other side, and was going to use the ladder to escape, when the butler called out, and that he knew nothing of the crowbar.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. LEWIS conducted the Prosecution.
DAVID ARTLETT . I am a baker, of No. 15, King's Road, Chelsea. I had a customer named Underwood; he was in my debt, 4s. 11 1/2 d.—on 17th Jan., the prisoner came into my shop, and said she had come to pay her little bill; I said, "I beg your pardon, Ma'am, I do not know you"—she said, "My name is Underwood, and I can pay your bill if you will give me change for a cheque"—I asked her to let me look at the cheque; she did so, it was payable to Mr. Armstrong—I knew a Mr. Armstrong, and asked her who Mr. Armstrong was; she said, "A neighbour of yours, on the terrace, an oilman"—Igave her the change, taking 4s. 11 1/2 d.—(Cheque read: "London and County Bank; pay Mr. Armstrong or bearer, 10l. 15s. A. W. Hayward.")
Cross-examined by MR. SLEIGH. Q. Were you examined on two different occasions at the Police Court? A. Yes, more than that—I did not state more
on the second occasion than I did on the first—I did not know the prisoner before; I had served her under the name of Underwood, but had never seen her before—I do not know that the prisoner kept a lodging house in Robert Street, Chelsea; she was taken in Robert Street, but she had only been there a few days—I know the house was empty, and I know who she took it of—shekept a lodging house in Anderson Street, in the neighbourhood of my shop—Mrs. Underwood was the landlady of the house which I served—what the prisoner said was, "I am come to pay my little bill"—I do not know that I have said she said she came to pay a little bill; if I did it was an error—on the following Thursday, it was discovered that the cheque was a forgery; it was on Saturday she came to me—I do not know that she is a widow, or that a person named Willis is in the habit of visiting her—the first words she made use of, when she came into my shop, were not, "Does Mrs. Underwood deal here?" nothing of the kind—my wife was in the shop at the time, she is not here—there was no other person in the shop—I have kept the shop just upon twelve months; it had been kept by a person named Dearlove, for some years—I went with the policeman to take the prisoner into custody; he asked her whether she had been to Mr. Artlett's shop, and it was then she said that she did not know such a person—neither I or the officer mentioned to her that it was Dearlove's shop; she knew well, because she had one of my bills.
MR. LEWIS. Q. Did the constable say that it was for passing a forged cheque for 10l. 15s.? A. Yes.
MR. SLEIGH. Q. Did she tell you it had been handed to her by a person named Willis? A. No; she said that she did not know me, and as for a cheque, she never saw it in her life—I did not show her the cheque, she said that to the policeman in my hearing.
CHARLES LOCKER . I am a clerk in the London and County Bank. This cheque is in one of our forms, but we have no customer of this name—I can tell by the number, that it is taken from the book of Mr. George Ingarson, but he has no account now.
GEORGE INGARSON . I am a builder, of No. 38, Alfred Road, Paddington. Nine months ago, I had an account at the London and County Bank; it is now closed—I do not know what became of my cheque book; it went away with some paper.
HENRY STEPHEN ARMSTRONG . I am an oil and colour man, of No. 10, Colville Terrace, Chelsea. I am not the Mr. Armstrong in favour of whom this cheque was drawn—I first saw it at the Westminster Police Court—I have a customer named Hayward, but this is not his writing, and he never owed me any money.
Cross-examined. Q. Where does he live? A. Three or four doors beyond me on the same terrace—he is a ready-money customer—he never had a bill at all.
GEORGE MAXTEAD (Policeman, B 77). I took the prisoner into custody, and asked the prosecutor what he complained of; he said, "Of her passing this false cheque on last Saturday night;" I repeated the charge to her, and she said, "Good God! I know nothing about it; I never was in his shop in my life; I did not know that he was a baker, what the Underwoods do I cannot help.
Cross-examined. Q. Have you ascertained that a person named Underwood lives in that house? A. Yes—the prisoner did not tell me that the cheque had been handed to her by a person named Willis—she mentioned no name; she denied all knowledge of it—she did not subsequently mention a
person named Willis, or any other name—she said nothing to me about a person named Armstrong—I took her at 2 o'clock in the afternoon, in a house in Robert Street; she opened the door for me—I do not know that I mentioned the name of Artlett to her, but I took him into the parlour with me, presented the cheque, and told her that that was the gentleman, and that it was a forged cheque—I know that Artlett's shop has been known for years as Dearlove's.
MR. SLEIGH submitted that there was no proof that the cheque was forged, Mr. Hayward not being produced to say that it was not his writing, although living close to both parties, that although Mr. Hayward's Christian name was unknown, he was entitled to assume it to be the same as that on the cheque. THE COURT considered that there was some evidence, as Mr. Artlett said that Mr. Hayward never owed him any money, and that this was not his writing. MR. SLEIGH contended that the best evidence ought to be given, and further, that the banker's clerk had not stated whether any one named Hayward banked there.
COURT to CHARLES LOCKER. Q. Have you any customer named Hayward? A. No.
MR. SLEIGH to DAVID ARTLETT. Q. Did you speak to Mr. Hayward on the subject of this cheque? A. The prosecutor did, and showed him this cheque—Idid not know him, and did not know whether it was his writing or not.
MR. SLEIGH to HENRY STEPHEN ARMSTRONG. Q. Do you know Mr. Hayward? A. Yes—I did not show him the cheque, or inquire of him whether he had drawn it, there was no occasion—I only know him as a neighbour—I have bills of his at home with his receipts to them, and therefore I have seen his writing—I have never seen him write.
COURT. Q. Have you seen him write the receipts? A. No—my wife has paid the money; he is a hosier, and my wife makes all the purchases of under clothing, pays the bills, and I file them, they are signed with his name—thereis not the slightest similarity in the writing of those bills and this cheque—I do not know that he wrote the receipts.
MR. LEWIS contended that it was not for him, but for Mr. Sleigh to show that the cheque was signed by Mr. Hayward, because it was drawn by a person who had no funds in the bank. The Court considered that there was evidence to go to the Jury, but still that Mr. Hayward ought to have been called, and that if it became necessary, the case could be reserved for the Court of Criminal Appeal.
The prisoner received a good character.
NOT GUILTY .
OLD COURT.—Thursday, February 4th, 858.
PRESENT—Mr. Baron BRAMWELL; Mr. Ald. COPELAND; Mr. Ald. WIRE;and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Baron Bramwell and the Second Jury.
MESSRS. COOPER and TAYLOR conducted the Prosecution.
WILLIAM HENRY JOULE . I am a tailor, living at No. 12, Crown Court, Cripplegate—I knew the deceased; he was also a tailor, and lived at No. 3, Nettleton Court, Nicol Square, Aldgate. On Saturday night, 2d Jan., I was with the deceased in Nicol Square; the prisoner's wife and the deceased's wife were there also—we had been to the theatre together—the deceased asked the prisoner to get him some beer, and gave him the money—the prisoner said, "I do not think I can get any beer; I have got a drop of rum in my pocket"—the prisoner was a little in liquor—after a time, we all went to the prisoner's house—there was some little quarrelling there about the rum, and after a word or two that O'Neal said, there was a proposal to fight—whenwe first got into the house, the prisoner put the rum on the table—Richardsonthrew down a penny, and said, as there was a quartern of rum, that would pay for it; with that the prisoner took up the rum, and put it into his pocket, and said he would take it away with him—the deceased said, "Don't take it away, as you have brought it here; let us drink it"—the prisoner put it into his pocket, and said he would—the deceased said, if he did, he would break it in his pocket—the prisoner said he would bet him a sovereign he would not break it, and if he attempted it, he would put such a man as him up the chimney; he said there was some little animosity between them—Richardson said, "I did not know it; if there is, let us come out and settle it"—with that he took off his coat, and went out into the square—the prisoner ran to the fireplace, and caught hold of the tongs; they were taken from him by Mrs. Richardson—Richardson said, "Come out, if you are a man"—the prisoner then caught hold of the fire shovel, and that was taken away from him; then the wives of both men advised the prisoner to go up stairs, which he did, into Mrs. Mann's room—the deceased called two or three times to him to come down like a man, if there was any animosity between them—the deceased then went up stairs; he found all in darkness, and he called for a light—they would not take him one, and he came down for one—he got a light, and went up stairs with it; I went with him, and directly he opened the door, he was struck; I did not exactly see what with, but I saw fire irons of some sort—nothing was said by the deceased at that time, that I heard—I saw him afterwards; he was bleeding very much—he was helped down stairs by three women, and was afterwards taken to Bartholomew's Hospital.
Cross-examined by MR. ROBINSON. Q. Had not the deceased given the prisoner 4d. to get some beer or rum? A. He gave him 8d.—the prisoner did not say it would be a penny more, nothing to that effect—the deceased took his coat off, and wanted to fight—I do not know whether the prisoner was willing to fight or not; he ran to the fireplace—the deceased was not a bigger man than the prisoner; he was a little taller, but not so stout—I do not know that Mrs. Mann locked the door after the prisoner went up—the deceased went up after him—he did not use very violent language—he called him two or three times to come down—I did not hear him say, "Come out, you b—Jemmy Neal"—he said, "Come down, Jemmy, and have it out, like a man"—that lasted about five or six minutes; he was calling out the whole of that time—the prisoner did not come down—the deceased did not break open Mrs. Mann's door; I will swear that—I went up with him the second time—Mrs. Mann's room was in darkness, but the deceased had a candle the second time—I did not go up with him the first time; he did not say,"Come out, you b—Jemmy Neal, and have it out, for one of us shall die to-night"—he had nothing in his hand but the candlestick—he pushed the door open—I did not see a pair of tongs there.
SUSAN MANN . I am a widow. I lodged at the deceased's house, No. 3, Nettleton Court—I remember the prisoner and his wife coming there on the night of 2d Jan.—after some time they came up to my room—I shut the
door, but did not lock it—I put the light out when Richardson came up—he went down again, and then came up a second time with a light; Joule came up with him—he pushed the door open; it was not quite closed, and as he had one foot on the mat and one foot inside, the prisoner struck him with the tongs; they were my tongs, and were in the room—these are them (produced)—theyare bent now; they were straight before the blow was struck—thedeceased said, "He has killed me," and he turned round, and went down stairs—the blood came direct into my room—my daughter got off the bed, and went down with him and the prisoner's wife.
Cross-examined. Q. Richardson was very violent was he not? A. No; he was very cross, he wanted the prisoner to come out—he did not say any thing when he came to the door either time; all I heard him say was, "Come out and fight like a man"—I did not hear him say, "Come out, you b—Jemmy Neal"—he said nothing but, "You have him in your room"—I did not deny it, I said I was going to bed—I wanted to keep him out of the room, I did not want him to see the prisoner there—the prisoner and his wife were both in the room, and my daughter was lying on the bed—when he first came up, I said, "My daughter is in bed, and I am undressing and going to bed"—that was for the purpose of keeping him out; the prisoner did not say any thing then—I saw nothing in the deceased's hands but the candle and candlestick—I will swear he had nothing else, not at any part of the transaction—theprisoner and his wife came up stairs after they had had some words down stairs—Richardson had his coat off then; he was wanting the prisoner to fight out in the court.
EDGAR BARKER . I am house surgeon at St. Bartholomew's Hospital. The deceased was brought there about a quarter to 1 o'clock in the morning of 3d Jan.—he had a scalp wound about two inches and a half long, by an inch broad, a little to the left of the middle line of the head—upon introducing my finger, I found that the bone of the skull had been depressed and was exposed—those portions of bone which were depressed and fractured were afterwards removed; symptoms of inflammation of the membranes of the brain set in, and a constant discharge of brain from the wound took place, and he died of convulsions on the 24th—I afterwards inspected the head; it simply corroborated what I have stated; I have no doubt of the cause of death—a blow from such an instrument as this produced would be very likely to produce such a wound.
Cross-examined. Q. I suppose the blow caused the death? A. He died in consequence of the injury he received—he had no symptoms of inflammation of the membranes of the brain until Monday morning; the injury took place on Saturday night or Sunday morning—at first we had hopes of his recovery, because we had no idea the injury was so serious; but the depressed portions of bone were driven into the brain, and in consequence of that inflammation took place.
COURT. Q. Must it have been a violent blow? A. Very violent, as violent as a man could give with such an instrument; it had driven both tables of the skull completely into the brain.
GEORGE FAIRCHILD (City policeman, 122). On 2d Jan., I was called to the deceased's house—I found him standing at the bottom of the stairs, bleeding very much from the head—I sent him to the hospital—I heard that the prisoner was up stairs, and called him; he came down to me—I told him he had been hitting a man with a poker on the head, and he must go to the station along with me—he said he had not hit him with the poker at all—I took
him to the station—next day I went to the house, and found the pair of tongs produced, no other tongs were produced at the police office.
Cross-examined. Q. Did you find no other in the house? A. No; these are the only pair I found in that room; there was a pair down stairs belonging to Mrs. Richardson—I heard nothing said about the tongs when I went there to look for them.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy, on account of his previous good character.
Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN MUNROE (City policeman 230). On the evening of 18th Dec. I was in Skinner Street, Snow Hill—I saw a white bull coming in a direction from Smithfield, down Snow Hill; it went down Skinner Street into Farringdon Street; Harper, the drover, was following it; it was trotting; a large crowd was following—they did not do any thing to it, or touch it—therewere no dogs following it—I went after it—when it got into Farringdon Street it tossed a woman; it then turned up Stonecutter Street into Farringdon Market, and went into Mr. Child's livery stables—at that time, Wheatley, another constable, came up—the bull turned into the yard of the livery stables, and then to the right through a passage about eighteen feet long and four feet wide, and then into a harness room, which is about sixty feet long—I saw it in the harness room; it was not doing anything there; it was standing perfectly quiet—there were two or three men there in the employ of Mr. Child, I believe—there is a division which runs down the centre of the harness room, upon which they hang the harness, and there was some hanging there then—two of the men, in their shirt sleeves, stood on the top of this division, just over the bull—they had got long poles in their hands, and they were striking it with a view of turning it out—Mr. Child was there likewise; he had a stick in his hand, and he called to the men several times to turn the thing out, and they struck it—Harper, the drover, was there—I told Mr. Child that if he turned it out he would be responsible for any thing that might be done after, as it was then perfectly safe, and that a conveyance would be there in a very few minutes to take it away—he was likewise told the same by the other constable—hesaid he did not care a d—for the conveyance or any thing else, he would not have it there—I should say it was about ten minutes in the harness room; I cannot say exactly—they succeeded in driving it out, and, as it was turning out, he struck it three or four times himself; it was then turned out into Stonecutter Street—it ran out through the passage, through the yard, into Stonecutter Street, up Stonecutter Street to Shoe Lane, and there it knocked two or three people down—I saw it knock them down—I told Mr. Child, before he turned it out, that it had injured several persons, and he had better let it remain as it was, until we could take it away—when it had gone out, he laughed very heartily at it, and said it was a fine lark—heseemed to enjoy it very much—after it was gone they shut the outer gates—if they had shut them while the bull was inside, it would have remained there and been perfectly safe—there is a door on the right hand side of the passage, and I thought that door would close across, but I found that I could not succeed in doing that—it is a sliding door, and finding I could not do that, I called upon them to close the outer gate—they said they should do
nothing of the kind—Mr. Child said so—when I told him that it had injured several persons, he said he did not care, he would not have it in his place.
Cross-examined by MR. ROBINSON. Q. You first swore that there was a door in the passage which could have been shut, quite independent of the outer gate? A. I did—I was not aware of it at the time—I swore to it—therewas an adjournment of the inquest in the interval—I was ordered by the Coroner to view the place—I had not seen it before—I came back and told Mr. Payne, the Coroner, that I was mistaken. (Upon MR. ROBINSON proceeding to ask what the witness had stated before the Coroner, MR. PAYNE objected. MR. ROBINSON contended that the rule with reference to depositions taken before a Magistrate, did not apply to those taken by a Coroner; a Magistrate was compelled, in the discharge of his duty to take the depositions and return them to the Court; but in the case of a Coroner there was no such obligation; the taking depositions in writing on his part was a voluntary act, and was nothing more than a private note or memorandum of his own; he therefore submitted that, as the production of the depositions in that cast would not be the proper mode of proving what had passed, the witness might be asked what he had stated on that occasion. MR. BARON BRAMWELL considered that, as a deposition before the Coroner was tigned by the witness, it must be taken to be his statement in writing, and, therefore, would be the proper evidence.) I asked them to shut the outer gates, and they refused—accordingto my impression at the time I was there, there was a door that might much more effectually have been shut—(looking at a plan) the entrance to the stables is immediately opposite the entrance of Farringdon Market—asyou go in from the street the gates are on the left hand side—I believe there are two sets of gates—I believe one of the openings is closed by two gates meeting, and the other opening is closed by one; but I am not certain of it—the large gates are very heavy and large—I cannot say about their being thick; I never measured them—I think there were one or two carriages in the yard placed on each side the gates—I did not take particular notice; there were several—there might have been one or two on each side—it would not have been necessary to remove the carriages before you could have shut the gates—the gates open inwards—as soon as you get into the front yard you turn to the right, up a sloping alley, before you get to that alley, immediately facing you, when you have got into the gates, there is a dwelling house—thedoor of the dwelling house immediately faces you—I cannot say whether it is a glass door or not; that door was closed when I got there—I swear that—Ido not know whether you go down steps to the dwelling house—there is a window at the side of the door, which goes down very low—I do not know whether it is within six inches of the ground—the place I call the harness room is about sixty or seventy feet long—there are one or two rooms at the side of it—I took refuge in one of them—I was very much alarmed—Mr. Child was not, that I saw—I do not recollect that he was shut up with me and others in a stable, while the bull was going about the ride—I cannot tell; I was very much excited at the time, and had very good occasion for it—there is a small room or counting house on the right of the dwelling house—I did not notice a stable beyond that—the ride, or harness room, is on the right hand side of the alley, where the door is that I thought went across—when you are in this room, you can see along the ride for some little distance—I do not know whether there is a stable on the left; there may be—I have been to the place since, just merely to see whether that door went across—I did not see what rooms or stables there were; I was not allowed to do so—the doors of this stable, and of the one in which I was, slide—there was no means of
shutting any door in any part of the ride, only the outer gates; if the outer gates had been shut, the bull would have had full access to the dwelling house if the door was open, and to all the various stables round the ride—I went beyond the first stable in the ride; I went up the ride to within about ten feet of the bull, when he was at the top—I then got out of his way—I stayed there till he was driven out—I was on one side of the division and he on the other—I had no possibility of doing any thing beyond looking on—it was when they were in the act of striking him and turning him out that I took refuge in the room, as he was running out; I had not been into the room before that—thereis a room on the left—I can not say whether there is any stabling beyond—I did not see any horses in the stables—there might have been some there—there might have been three or four persons in the ride at the time the bull was turned out—at the time Mr. Child struck the bull it was passing through the alley; he was standing beside me at the entrance to the ride—when he struck the bull, it was going out—I cannot exactly say that it was going out quietly—he could not go out very fast on account of the turnings—he was going out as fast as he could, I am satisfied of that—when he once got into the alley there was no turning; he ran straight out then—I did not see the bull toss any of Mr. Child's men—I am not aware that he did; I have not heard of it—I was at the inquest—I did not hear Aldred examined—I have no idea that Aldred was tossed; I do not know that he was tossed by the bull, and that he went to the hospital; I never heard of it—when the bull was in the alley going out there were three or four men left behind him—whether any of them had been injured I do not know—Mr. Child was quite delighted to get the bull out—he exhibited no sign of fear or anxiety that I saw—I never heard any anxiety expressed with regard to the valuable horses that were in the stable—I think if any thing had been said I must have heard it, but I do not recollect any thing of the kind being said.
MR. PAYNE. Q. What was it he did say; did he mention any other living thing besides horses? A. I cannot recollect—all the three men had struck the bull before Mr. Child struck it, as it was going out—that was by the orders of Mr. Child—they shut the gates three or four minutes after the bull was driven out; there was nothing that I saw to prevent their doing so in the first instance, I would have endeavoured to do it myself, but a delay of half a minute, might have endangered our lives—he did not appear in the least excited when he said it was a lark, or when he said the d—thing should not stay there.
MR. ROBINSON. Q. You say you saw the gates shut three or four minutes afterwards? A. I did, I was not out of sight of the gates; I followed the bull as far as nearly to Shoe Lane, and before I got to Shoe Lane I saw the gates closed.
COURT. Q. You say you tried to shut the gates, the bull was then in? A. Yes; that was after I had seen it in the harness room—I went and saw him in the harness room; I then came out into the alley, and endeavoured to close the door, and then I went back again into the harness room—when I first saw the bull in the harness room, he was standing perfectly quiet at the upper end of the ride; when I came back from trying to shut the gates, he was still standing there, and two men were standing on the division, immediately over him, striking him—when I speak of trying to shut the gates, I mean the sliding panel that goes across the alley.
HENRY WHEATLEY (City policeman, 236). I saw the bull run from the corner of Farringdon Street, into Stonecutter Street—I did not see it go into Mr. Child's stable—I went in there, and saw it in the stable, and saw three men beating it over the head with sticks—the prisoner was in the stable
calling out to the men to turn the b----thing out—I went into the stable, and called to them to desist, not to beat the bull, and told Mr. Child to allow it to remain where it was, and we would send for the conveyance and have it removed from there—he said that he was not going to have the b----thing in his stable—there was a small door at the end of the passage, and I told him I would shut it and keep it in there—he said, "You talk like a b----fool; I am not going to have the b----thing in here"—he then said to the men again,"Turn the d----thing out, I am not going to have it here"—the men had all left off beating the bull when I went in with my comrade; and when Mr. Child said, "Turn the d----thing out," the men laid on to it with the sticks again—it was started then from the end of the stable, where it was standing, and came to where Mr. Child was, and he then hit it himself with the stick, and turned it out—there were several parties present, one was a butcher, who lives at Mr. Comfort's, in Farringdon Street; and he said, "Mr. Child, allow it to remain where it is, and I will secure it for you"—there was another person, named Harding, who has been subpoenaed, and he persuaded Mr. Child to let it remain there, and he would not; and ultimately it was driven out by the three men and Mr. Child; he did not appear in the slightest alarmed—I saw the bull stopped at last, and put into the conveyance; that was by a small dock by the Thames—when I first went into the stable, the bull was standing in one corner very quiet, it seemed quite composed; when the men left of beating it, it stood there and looked round, and never offered to move at all; I went into a stable in the same compartment where it was.
Cross-examined. Q. The bull was never out of the ride in any of the rooms or stables? A. I did not see him there—the door I asked Mr. Child to let me shut, is one that I have since examined, and found to be a sliding door to close in a stable, and not that compartment at all—I thought at the time it would have shut the bull in; I could not have done it—I was alarmed at one time, when the bull rushed out of the stable—I was then standing in a narrow passage about four yards wide—I made a spring into Mr. Child's doorway; Mr. Child was behind the door, beating the bull with a stick—at that time three men at the end were beating it with sticks, they drove it from that part to the upper end, where Mr. Child was standing, with a long stick that he took from the drover, and when the bull came up to him, he hit it several times over the head—I was then in the narrow passage trying to keep it in, and when it turned into the passage, where there was only room for him to go by, I made a spring, and it rushed by me; I was trying to drive it back—there were three or four men in the ride at that time, besides Mr. Child—theeffect of driving it back into the ride, would not be to drive it up into the company of those men, it would have been impossible, because the men were elevated higher than the bull was, while they were beating it—there were two of them, I mean to swear that; at the time I tried to drive the bull back, the men were on the frame work—I will swear that two of them were there, and Mr. Child himself was quite secure—I tried to secure the bull two or three times—there were different attempts made to stop him and drive him back—I tried to drive it into the ride three times, not to drive it in three times, but to secure it three times.
Q. The last time you tried to drive it in, and when Mr. Child was trying to drive it out, were you not in the alley, and, therefore, not able to see up the ride? A. I never attempted, when the bull turned there, to drive it back; I endeavoured to take care of myself, and got out of the way—I did not see any man tossed; there was no one tossed while I was in the stable—I
did not hear of it—I mean to swear that it did not touch anybody while I was there—I was there a very few minutes after the bull, not more than two minutes—I saw the stables—there was not a horse there, not in the stable; I am speaking of the stable where the bull was, the long ride—I never saw one horse in the stableg on each side—I will not swear there were not any there; I will swear I did not see a horse, and I was over most of the premises, both the long ride and the right stable at the end—I did not from first to last trust myself to the top of the ride, but I will swear there was not a horse there, although I did not go up to the top—I do not know whether or not there is a stable on the left, at the top of the ride—there is a door there, whether it is a stable or not I do not know—I did not say there was no horse in the stable, I said in the ride, in the department where the bull was—for aught I know, there might have been twenty or thirty horses in some other stables, but not where the bull was—it was dark, it was about twenty minutes past 5 o'clock when the bull got there; I will swear it was not 6 o'clock.
MR. PAYNE. Q. When the bull was not being beaten by the men, did it attempt to do any mischief? A. Not the slightest, it stood quite composed—therewas nothing to prevent it staying there quietly till the conveyance came for it—it could have been secured there easily.
WILLIAM HARPER . I was the drover of these beasts; I live in Hamilton Street, Wandsworth Road. I am a licensed drover. On 18th Dec. I drove four bulls from the New Cattle Market—the white bull in question was one of them—they went on all right and straight till we came to about the middle of the new street that runs into Farringdon Street—a little dog flew out and set off the white bull—that was the first starting of it—the bull started off, I was not able to overtake it—I next saw it in Mr. Child's yard, in Stonecutter Street—he was in a little turning on the right hand side, I do not know what they call it, a ride, or a loose stall; he was standing very quiet when I got there—the moment I got there I sent a young chap for a conveyance to Mr. Bruce's, in Fox and Knot Yard, which is a little distance from there—I told Mr. Child to let the bull stop there until the conveyance came, and said I had sent for a conveyance—he took the stick out of my hand, and whether he turned him out, or one of his men, I will not swear—he said he was not going to have the b—bull there to tear his things about—the bull did not show any symptoms of tearing the things about—I heard the policeman ask him to let it remain there—he said he was not going to have the bull there, and the bull came out, and directly after that he turned to the corner of Shoe Lane—the moment the bull was out, the gate was slammed to—I saw the bull turn the corner of Stonecutter Street—he knocked a young man down named Greenwood—he turned up a narrow court, and that was the last I saw of him, for I went to Smithfield station with the policeman—the bull was a very few minutes in the stable.
Cross-examined. Q. Were you there before or after the policemen? A. The police were there before I was, and a gentleman named Harding—I did not see any body hurt by the bull in the stable—I did not hear of it afterwards—Iwas examined at the inquest—I did not hear Aldred examined—Mr. Child did not ask me to go and secure the bull if I could, nor did I decline—I was not in any fear; I was not quite calm and cool—it would not have taken three minutes for the conveyance to come from Fox and Knot Court.
COURT. Q. Could you have secured the bull? A. I could, no doubt, by means of a rope; but I thought, as I had sent for the conveyance, it was not worth while, as he stood so quiet—the conveyance would have backed quite close,
there would have been no room for him to have got by into the street, and he would have been driven into the conveyance, and would have done no harm, I should think.
DANIEL HARDING . I am a butcher, and live at Camberwell. I was at Mr. Child's stable on 18th Dec., about from 5 o'clock to half past—I saw the bull there—when I first saw it, it was in Victoria Street—I afterwards saw it in Mr. Child's stable, the long place; it was standing quiet—I am accustomed to cattle—I did not see Mr. Child there—I did not see any thing done to the bull—an elderly gentleman said the bull should not stop there—Isaw four or five men there; I cannot swear to seeing Mr. Child—I have not been examined before—the bull was not doing any mischief at the time I saw it there.
Cross-examined. Q. Were you there before or after the policemen? A. Before; the bull was there before me—I saw one man knocked down after the bull came out of the yard; I did not see any man knocked down in the stable—I do not know Aldred.
WILLIAM DEWER . I am a greengrocer, and live in Shoe Lane. On the evening of 18th Dec. I was standing on the pavement near my shop—I saw a mob of persons coming, and then I saw a bullock turn the corner of Stonecutter Street—I saw it knock a man down in Shoe Lane; it then walked past our shop, and walked up King's Head Court, a narrow court—about half way up he attacked a woman, and felled her to the ground—it then walked through the court into Gough Square; the deceased was coming through the square, turning an angle from a court in Fleet Street, and came right in front of the bull, and the bull tossed him directly against the wall—Iassisted him on to a step, and then followed the bull to the bottom of Whitefriars Street, where it was secured, and put into a conveyance.
Cross-examined. Q. Was the bull trotting along when it met the man? A. No; it was walking very leisurely all the way up the court—as far as I saw it, it walked leisurely—the man turned the corner, and came right in the way of the bull—it is a public thoroughfare; it is rather wide where he attacked the man, much wider than it is any where else.
EDGAR BARKER . I am one of the house surgeons of St. Bartholomew's Hospital. The deceased was brought there on 18th Dec, about a quarter past 6 o'clock in the evening—he had six fractured ribs on the right side, and a fracture of the lower end of the left fore arm—he died on 3d Jan., of inflammation of the lungs, consequent upon the injury he received.
MR. ROBINSON submitted that there was no case to go to the Jury; that the prisoner had a perfect right to get rid of the animal from his premises, as he would have a right to get rid of a mad dog, or any dangerous creature; and that, as he was merely performing a perfectly lawful act, he could not be responsible for any consequences resulting from that act. MR. BARON BRAMWELL considered that in one sense the prisoner was certainly not under any obligation to keep the animal in his premises, and if he could get rid of it without it's doing any mischief, he was clearly entitled to do so; but it was a question, whether he had a right to get rid of a mischievous animal under such circumstances that mischief would presumably happen; the case was a novel one, but, as at present advised, he was of opinion there was a question for the Jury, whether, when the
defendant turned the animal out, he knew that it was a dangerous animal; and if the Jury should be of opinion, that, without reasonable ground of self-defence, i.e., the defence of himself, his person, and his property, the defendant turned out the animal, knowing it to be dangerous, and that a death ensued from an act of that animal, that would, in his opinion, be manslaughter; the question, however, should be reserved, if it became necessary.
MR. ROBINSON called the following Witnesses for the Defence.
WILLIAM ALDRED . I was in Mr. Child's stable at the time the bull came in—he first made a spring at me—I was in the first harness room, a little way up the ride, on the left—he caught me, and raised me several feet above his head, twice—I slipped down against the harness room door—he tore my clothes, and hurt me very much; he then butted at my chest against the harness room door, six or seven times—I do not know whether he had a ring in his nose—he injured me; I fell down, and he left me—I screamed out for help, and one of Mr. Child's men, who was in the next harness room, a little further on, came out to see what was the matter, and the bull left me, and made a spring at him—that was Fenn—I crawled into the harness room—I did not see what he did to Fenn; I felt too bad—I was very bad for a few minutes; when I recovered, I got up and slipped away, and went to the hospital—I saw Mr. Child; he came up when I was lying down in the harness room—he appeared alarmed—he came up with a man named Crawford, and inquired what the disturbance was about—he went into the ride, and I saw the beast standing at the end of the ride, and I thought there was a chance of getting out; I felt very bad and hurt, and I went out and went to the hospital, leaving the bull in the ride—I did not see any violence at all used to the bull by any men—there are no poles in the place; there are some rails in the ride, but they are fixtures—I was examined before the Coroner—thereare several stables all the way along the ride—I do not know how many horses there were in the stables; I did not go into the stables myself; the doors do not open into the ride, they go in slides or grooves—you have to go into the ride to get to the stables.
Cross-examined by MR. PAYNE. Q. Is there not a partition up the middle of the ride, which divides it, so that you can go on one side or the other of it? A. Yes; it goes within two yards of the top, so that the horses can walk round it—there are stables on both sides of the ride—the harness rooms are on the left hand side—there is one stable on the left hand side; I think there is no way into the stables except up the ride—the bull was at the further end of the ride while I was there, on the left hand side, close to a thirteen-stall stable.
COURT. Q. When you saw him, and you say you saw a chance to get away, was he standing quietly? A. He was at the further end of the ride at that time, or else I would not have ventured out of the harness room—he had got his head down near the ground; I should not like to have gone near him; he was snorting, and had got his head near the ground, all ready for any one.
WILLIAM FENN . I saw the bull about a moment after it came into the stable, and I felt him very shortly afterwards—I saw him with his head pressing Aldred up against the harness room door; I thought his horns were through him, from the position the man was in—I turned round instantly to put my tea down in the harness room, and he flew at me, and knocked me into the harness room with his horns; he caught me sideways on the back, and I fell in the harness room; the bull then ran to the bottom of the ride—Ishould think there were twenty-three or twenty-four horses in the different
stables at that time—after I got up I looked round to see where the bull was; he stood there for a few minutes, and all at once he made a rush to the other end of the ride, and knocked one harness down with his horns, and galloped toward the ride, with part of it on his horns, two or three times; then he settled down again at the bottom of the ride, and he was there some little time, and seemed very quiet—assistance afterwards came up stairs; at least Crawford came up before then; he went and got on the rail, so that the bull could not touch him, and got the bridle off the bulls horns, and then said, "He might be detained here, I think, if the drover was here;" and he went away, and said he would go and see the drover, and see if he could get a rope—hewent out of the ride a few minutes, and then came back again—I told him not to go too near, or very likely he would do him some injury; and Mr. Callaghan, who was in his box, said the same—he said, "I will take care he don't hurt me;" and some time after that the bull takes and makes a start, and out he goes out of the ride—I never had a stick in my hand—there were no poles or sticks there for anybody to use; I never saw any one touch him with a stick—when he went out I was in the ride, I could not see round into the alley from there—I never saw any one touch him in the ride, and no one drove him out; what was done afterwards I could not tell, for I did not see—Icannot say how long he was in the ride altogether, it might be twenty minutes, perhaps longer, perhaps not so long—I was alarmed—Mr. Child never came into the ride near the bull; he came up the passage, and wanted to know what was the matter; I said, "There is a mad bull; for God's sake, don't go near him;" and he never did—I did not see the policemen come in—thepolicemen were never up the ride at all.
Cross-examined. Q. Then the bull went out of his own accord? A. He did; not a soul touched him—I neversaw a stick, I never saw any one touch him with a weapon at all—Mr. Child did not tell the men to hit him, and drive him out, and he never went near him up the ride; what was done afterwards I do not know—I was up the ride just inside the harness room door, with the door so that I could see—I did not see the policemen, at all—I did not see anybody strike the bull—I was inside the harness room, with my head peeping out at the door to see which way he came, so that I could pull the door to—the drover never came up the ride at all; I believe he was outside the gates; I did not see him—I will swear he never came up the ride where the bull was, he did not come up where I was; I must have seen him or the policemen, if they had come—I swear that neither of them came into the ride at all, not to be seen by me.
MR. ROBINSON. Q. You were never nearer the alley than the first harness room? A. The second harness room.
JAMES CALLAGHAN . I was in Mr. Child's stables on the day in question, and saw the bull come in; I was at the further end of the ride—I am a market gardener, and keep my horse at that stable; it was in the stable on this occasion, and I was there for the purpose of looking after it, when the bull came in; it went round the ride several times, and then tossed some harness up—I did not
see him do anything to Aldred—I was at the other side of the ride, the right side; and as soon as I saw the bull come in, I went into the stable out of the way, where the horse was—he left the harness and went to the further end of the ride again, and from there he went out after he had stopped a few moments—I did not see anybody use any poles or sticks to him—fromwhere I was I could not see any thing that took place in the narrow passage—I remained in that part of the ride the whole time—if any sticks or poles had been used, I should have seen it; it was gas light—I did not see the policemen at all; if they had come into the ride on my side, I should have seen them—I could see from one end of the ride to the other, on my side—after the bull had been round the ride several times, he went and stood in a corner for a few moments—he left the corner of his own accord, and then went out of the ride altogether; whether he was helped out at the other end, I do not know.
Cross-examined. Q. Will you swear that no men stood on the rail and beat the animal with sticks? A. Yes, I will; I did not see any one—I swear that no one stood on the partition and beat him and drove him out—they did not as I saw—I cannot say whether I must have seen them if they had—I was in the stable when the bull came in, and I was backwards and forwards—theymight have stood on the rail and beat it, and drove it out, without my seeing or hearing it, at the same time, in the confusion.
MR. ROBINSON. Q. Could they have done it at your end of the ride, do you think. A. No.
COURT. Q. The effect of your evidence is, that the bull left the place of his own accord? A. Yes.
ROBERT CRAWFORD . I was at Mr. Child's stable when the bull came in—Iwas down below at first, in my master's stable—I am not in Mr. Child's service—I heard a man shout out, "Oh! dear, dear, I am killed"—I ran up and picked him up; it was Aldred—he said, "There is a mad bull there"—therewere three horses in the ride on the other side from the bull, and I went and turned them into one of the stables, loose, as fast as I could, and shut the door; I then got on the top of the beam that runs up the ride where they tie the horses up to clean them—the bull had got a bridle on his horns, and I took it off—I then got down and asked a man with a stick in his hand, who I supposed was the drover, to come up and assist me to put a rope round the bull's horns or neck, and make him fast where he was; he said, "No, turn him out"—I did not see any blow struck by any body in the ride—if any blow had been struck, I should, for certainty, have seen it, because I was close to the bull, closer than any man that was there, except the man that was knocked down—after seeing the drover I went back and got on the top again; I was obliged to be very quick, and the bull ran out—he went out of his own accord.
Cross-examined. Q. Then nobody stood on the partition and beat him? A. No, nobody at all.
MR. ROBINSON. Q. Is the dwelling house immediately opposite the gates as you go in? A. Yes—there is not a glass door; there is a window close by the side of it—I do not know whether the door is a glass door, although I have been there so many times—as soon as you get through the door you go down a flight of steps into the dwelling house—there is a double set of gates at the entrance; they are very heavy gates—I cannot say how many carriages were standing in the way on that occasion—the gates open inwards—assoon as they are opened, carriages are generally placed before them—I believe it would be necessary to remove the carriages in order to shut the gates.
MR. PAYNE. Q. Are there any doors to the stables leading out of the ride? A. Yes, there are doors to every stable; they slide backwards and forwards; I shut two myself.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
WILLIAM FORBES . I am house surgeon at the London Hospital—the prosecutor was brought there on 8th Jan., between 5 and 6 o'clock in the evening; his hair and the upper part of his dress was covered with blood—he had a wound at the back part of the scalp, about two inches in extent, and there was another slight wound, but it was of no consequence, it required no application—the other was a lacerated wound, as if caused by a blunt instrument—itwould require a certain amount of violence to produce such a blow—thisiron candlestick (produced) would produce such a wound—he must have lost a considerable quantity of blood—he was in the hospital two or three days—I do not anticipate any permanent injury—I have not examined him since he left the hospital.
Cross-examined by MR. RIBTON. Q. Would not a slight tap with the candlestick produce the wound? A. Not a tap; it must have been done with some violence, because it was completely through the scalp.
DOMINIC BRANDT (through an interpreter). I speak English very little—Iwork for Mr. Homer, a sugar baker, in Whitechapel—I am not a foreman, but I have got three men under me—the prisoner works under me in the same employ. On 8th Jan. I told the prisoner that he ought to do his work in a proper way, because that would be to the advantage of himself and his master—I said so because the master looks to me for the proper execution of the work—the prisoner said that I intended to put him out of work—I said, no, I did not intend to do any such thing, or I should apply to the boiler or to the master—I then went up to the roof to make an air hole, and when I came down, the prisoner took up the candlestick, and knocked my head, and pulled me by my hair, and the blood gushed out—he struck me more than once; I got so many blows from him that I do not know how many—he made no threat to me before I went up stairs.
Cross-examined. Q. Is the foreman Mr. Nick? A. Yes—a young man, a friend of mine, was discharged a few days before this—I was informed that the prisoner was the cause of the boy's being discharged—I and Cohen did not threaten to give the prisoner a good hiding in consequence—the prisoner did not say that he would leave in consequence of my suspicion of him—I had not been constantly annoying the prisoner, in consequence of my supposing that he had caused the discharge of the young man—as soon as they began to work this night, the prisoner did his work wrong—he did not tell Mr. Nick that eleven gallons of liquor would be required—I and Cohen did not call him a d—fool for having said so—I said, if they had it not to-day, it should he had to-morrow—he may have said that he was not going to tell his master a lie; I do not know whether he did; I quite forget—I said he was no man—he had not got the candlestick in his hand at that time, to light the candle; they stood by, on one side—when he got hold of my hair, I got hold of him—I did not stick my nails into his flesh—Philip was one of the men that came up to assist me—I do not know that he put his hands to the prisoner's throat, and nearly'choked him; I could not see—I have never said that I would do the prisoner some serious injury—since this I have been offered 2l. for the injuries I received, and of course I said yes.
PHILIP COHEN (through an interpreter). I was a fellow workman with the prisoner. I remember the prosecutor and prisoner having a dispute on Friday afternoon, 8th Jan.—I do not remember much of it, but I know the prosecutor told the prisoner that he was no man—the prisoner said that he would be a man to him—the prosecutor was about the place where they put the sugar, and the prisoner took up the candlestick, and gave him several blows—thecandle was lighted at the time he took it up—the candlestick is crooked
now; it was straight before that—I cannot tell how it became crooked—it was about a foot from him at the time he took it up.
Cross-examined. Q. Were they not quarrelling and fighting a good deal that night? A. No, not fighting—I did not hear Brandt threaten to give the prisoner a good hiding, not at any time, nor threaten to do him some injury—I seized him by the throat after he had beaten the presecutor—as he took the prosecutor by the hair, I got hold of him—it was not after he had caught him by the hair that the blow was struck with the candlestick—he first took the candlestick and struck him, then he took him by the hair, and pulled him down, and then I took him by the collar—it was not exactly the blow from the candlestick that knocked him down, but he pulled him down by his hair, and the frames of the sugar tumbled down with him.
THOMAS HARRIS (Policeman, H 81). I took the prisoner into custody at the sugar bakery—I found the prosecutor bleeding from the head—I told the prisoner what I took him for; he made no reply—the candlestick was given to me, and I have produced it to-day.
Cross-examined. Q. Did they speak to you in English or German? A. In English, both of them; they spoke very well—there was no interpreter at the Police Court—I understood them very well.
GUILTY of Unlawfully Wounding.— Confined One Year.
NOT GUILTY .
NEW COURT.—Thursday, February 4th, 1858.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; and
Mr. Ald. GABRIEL.
Before Mr. Recorder and the Sixth Jury.
256. CHARLES BARRY (28) and ELLEN SIBER , Stealing 58 silver spoons, 25 forks, and other articles, value 80l.; the goods of the London Dock Company, the masters of Barry.—2d COUNT, Receiving the same.
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
ELIZABETH M'MULLINS . I am a widow, and reside at No. 8, Cambridge Terrace, Dover. On 7th May I packed a quantity of plate in a waterproof wrapper—this is a memorandum of it—there were fifty-eight spoons, forks, and other silver articles, and some plated articles—this is the wrapper—it was glued and tied round with tape, and sealed—it was to go to Madeira, to my son—I gave it into Mrs. Dobson's possession, for my further directions—I afterwards, in the month of Oct., received this trunk, which had the linen in it, but not the plate—the plate was all gone, except a soup ladle and goblet, which were part of what I had sent—it came to Dover about 19th Oct.; I opened it about 3d or 4th Nov.—it had the wrapper in it—the wrapper had been cut—this is the trunk that I sent.
In May last, the last witness gave me a parcel, wrapped in this wrapper—it was heavy, as if it contained plate—it was secured by string and red tape round it—it was sealed and glued—I kept possession of it, in the same state, till 28th Aug.—I then packed it in this trunk with some linen—the trunk was locked and corded—I sent it to London, directed to the care of Ragden and Read, No. 12, King William Street—about 19th Oct. I received the same trunk back again—it appeared to be in the same condition as when I sent it.
AUGUSTUS WILLIAM DONALDSON . I am clerk in the employ of Ragden and Read, ship brokers, No. 12, King William Street. On 31st Aug. I received this trunk—I afterwards sent the same trunk which I received from Mrs. M'Mullins, with this shipping note, to the London Bock, to be shipped by the Cornet for Madeira—I afterwards received this order, and received the same trunk back on this order—I sent it back on 19th Oct.; I took it to the Spread Eagle, Gracechurch Street, directed to Mrs. Dobson—it was corded as before, and appeared in the same state as when I first saw it.
THOMAS PERRY . I am in the employ of the London Dock Company; I am foreman of the shed No. 2. On 31st Aug. I received this trunk and this shipping note—the trunk was not shipped for Madeira; it remained on the ground about two days; I then put it on the the top of my box in the shed till 19th Oct.—I did not get it down; I told the man to lift it down—it was delivered to Donaldson on the delivery order.
Barry. Q. Have you seen me at No. 2 shed for the last fourteen months? A. No; you have not been at work for me for twelve months.
COURT. Q. Was he employed at the Docks? A. He was for some years, but he went out to the Crimea—No. 2 shed is under the same roof as No. 1.
JAMES TAYLOR . I am foreman of No. 2 shed. I produce two pairs of grape scissors, one pair of nutcrackers, and one pair of flower scissors; they are all plated—I found them about the latter end of Oct. last, put in one of the wheel rooms, on a beam under No. 2 shed.
Barry. Q. Did you see me in No. 2 shed? A. No.
MR. GIFFARD. Q. Do you know he was a ticket labourer? A. Yes—I believe he was discharged about some cigars.
JOHN BRIEN . I am foreman of No. 1 shed in the London Docks—that is under the same roof with No. 2—there is a partition between the two sheds, and a tackle room as well—I know Barry; he worked under me, in Sept., as an extra labourer—on 10th Sept. he was on board the Imogene—he was at work eleven days in all—during those days, if he had been disposed, he had an opportunity of going into No. 2 shed.
Barry. Q. Did you miss me away from my work? A. No, but you might have been away—I had a great many men employed; when the old hands get together, one might go away for half an hour before I should hear of it—if a new hand left, I should hear of it—there is a leading man in each gang; if they miss the leading man, they let me know.
JANE ROSSITER . I am wife of Henry Rossiter, and live at No. 191, Grange Road, Bermondsey. I was formerly acquainted with Barry—I know Seber; she is his sister—they live together in the same house, No. 4, Duke Street—on 28th Sept. I received some plate from Mrs. Seber—it was either forks or spoons—I pawned it at Childs—it was marked with a rose—I asked. Siber where she got it, and she told me from her brother—she went with me to pawn it, but she stopped outside the door—she took her baby with her—Igot three guineas for the plate—I pawned it in my own name, and gave the money and the ticket to Seber outside the door—on 3d Oct. I received some
more plate; that was spoons—I believe they were marked with a rose—Iwent to Byerfields and pawned them for 1l. 5s. in the name of Jane Howes, my maiden name—I gave the money and the ticket to Seber, who went in the shop with me—on the same day I went to another pawnbroker, Mr. Cundy—Seberherself pawned there, but I went with her—on 6th Oct. I again went with her to Mr. Fryett, in Whitechapel Road; she there pawned six dessert spoons—soon afterwards I went to another pawnbroker in the Highway—Iafterwards received some more plate from Seber, which I pawned at Byerfield's—I don't know the day—Seber received the money and the ticket from the young man—Barry sent me to pawn five forks on 9th Oct.—I asked him where they came from; he told me they came from the Crimea, where the rest came from, and they had on them two hands clasping a dagger—Itook them to Carpenter's, in Cannon Street Road, and I was detained and not permitted to go—Seber went with me into the shop—she had her baby with her—she said the young man from the Crimea had given them to her—sheleft the shop, and I and the young man came out to look for her and she walked away—I went with the policeman to Barry's lodging—I told the policeman that was the man who gave me the forks, and I said to him,"You have got me in trouble about those forks, give an account of them"—hesaid that he would fetch some one who belonged to them—he said, "Stop till I come back," and he ran away—I waited about twenty minutes, he did not come back, and then I was taken.
Cross-examined by MR. HORRY. Q. How long have you known Barry? A. Between nine and ten years—I live in Grange Road, Bermondsey—Barrydid not live there—I have not lived with him at his lodging lately; not within three years—I have not been in the habit of visiting him—I have had a child by him—I was married last Sunday twelve months—I have given up all acquaintance with Barry since I have been married—he did not call on me to give me the plate to pawn—he sent his sister for me; I went to the house with her—I was not aware that he was there—I saw him at his mother's on the day I was taken—he asked me to pawn some articles at his mother's house—I have many times had messages from him, by his sister, to go and see him, within the last twelve months, and before the last twelve months—I have pawned articles for his sister beside these spoons, and have given her the money—she has asked me to pawn articles for him—she has asked me to go for her, but I knew the property was not her's—I pawned in October for him; never before in the last twelve months—I have pawned for him within the last two years—when I was on the street I have pawned things for him at his request—I have pawned plate for him before when he first came from the Crimea—about three months after he came back, I pawned plate for him at his request; not since I have been married; that was while he stopped with me occasionally—I have sold articles for him—I sold a pin and a ring for him—I have gone to the pawnbrokers for him—I did not think it very remarkable that Mrs. Seber should come to me to go—I had no objection to get myself into trouble, but I wished to save her from getting into trouble—I asked her several times why she should come to me to go with her; she told me she had been herself and could not get so much money on them as I could at the shop where I was known—my shop was Byerfield's; they have known me two years—I went with her to other shops—she went with me to Byerfield's—there was no place where the pawnbroker refused to take the things in—Seber remained outside once—one pawnbroker asked me whose it was; I laughed and said, "You are frightened, I suppose; I can give an account of it;" and he took it directly—he had known me
before—all the others took it in willingly—at Carpenter's they asked me if I knew what crest was on it; I said, "No, but I could give an account of it, for the sister of the young man it belonged to was in the shop;" but she had left the shop directly she heard him ask what mark—I was not questioned at three places, to my knowledge—Barry told me that the last pawning came from the Crimea, and he told the Magistrate so, and he told other persons so—Idid not meet Seber near the Stepney Union on 9th Oct.—I don't know where the Stepney Union is—I met her at her own house; that was the day I was taken into custody—they told me if I could find Barry I should be liberated, and I was liberated—Seber was with me on all occasions, only she stopped outside the door.
MR. GIFFARD. Q. When Barry ran away, on what day was it? A. On 9th Oct.—he was taken on the following Wednesday night—I was out night and day with the policeman to find him—I never got any money myself—he said that one week I got 1l., and another week 2l., but I never had a 1/2 d., nor do I believe his sister had.
SAMUEL REDFEARN . I am assistant to Mr. Carpenter, a pawnbroker, of No. 7, Cannon Street Road—on 9th Oct. the last witness came to our shop—therewas another woman in the box, who had a baby—I did not see them speak together—five silver forks were offered by the last witness; our assistant took them—I took them to her, and asked her if they were her's; she said, "Yes"—I asked her what crest was on them; she asked, "What crest?" what did I mean by crest—I said it was strange she should be in the habit of using forks, and not know what crest was on them—she said, "There was a something, but I don't know what"—I said, "I don't think they belong to you," and I said I had a description, from the police sheet, of some lost property—the other woman was not there then, for at almost the first question I put, she left—I did not see her face at all—I detained the forks.
Cross-examined. Q. Had you known Seber? A. Yes, as a customer; but I did not see her face—Rossiter took me to the door to see her, but she was gone.
JAMES MALIN (Policeman, K 99). On 9th Oct. I was called by the last witness—I saw Rossiter, and after some conversation we all went to where Barry was, to No. 4, Duke Street—while we were standing in the passage, Barry came to the door, and Rossiter said, "There is the man that gave me the forks to pawn"—and she said to him,"You have got me into trouble"—Barry said, "I will fetch the man that I got them from," and he turned round and ran away—he did not come back—I was engaged in looking for him till the following Wednesday, I found him then in the North Briton, in Bedford Square—I took him into custody; I told him he was charged with stealing five silver forks—he made no answer, but on the way to the station he said, "I met a man in Cannon Street, who asked me to pawn them for him"—Rossiterwas present, and he said, "I gave them to her to pawn for me"—theseare the forks.
WILLIAM THOMAS BRIDGES (Thames Police Inspector). On 19th Jan. I went to the North Briton public house, in Bedford Square, Stepney—I found Barry sitting in the tap room—I called him out, and told him I apprehended him for stealing a quantity of plate from a trunk in No. 2 warehouse, London Docks, in Oct. last—he said, "I did not steal it; a man in Cannon Street asked me to pawn the forks, and told me I should have for myself all I got over 30s."—on our way to the station, I cautioned him, and told him I would put a question to him; I said, "You told me a man in Cannon Street told you he would give you all for yourself that you got over 30s., do you know
that man?"—he said, "I do not"—he was afterwards examined at the police court, and Rossiter was examined, and during her examination I heard Barry exclaim, "You know you pawned the two gravy spoons and fish-knife at Childs, in the Highway, for 4l., and you had 2l. to get a carpet out of pawn."
Cross-examined. Q. Was this while she was giving her evidence? A. Yes—shewas liberated on her husband's recognisance—I have a spoon that Mr. Wood gave up, as Mrs. M'Mullins identified it out of some others.
JOHN CLEMENTS . I am chief officer of the London Docks. I took Seber into custody in Duke Street, St. George's—I told her I was a police officer, and should take her into custody—I said, "I charge you with receiving a quantity of silver plate, forks, and spoons, knowing them to have been stolen; the plate has been stolen from the London Docks; I traced portions of it to have been pledged by you"—she said that it was false, she never pledged any plate, but it was a case brought up against her.
CAROLINE TAYLOR . I am charwoman, of Baker Street, Commercial Road. I know Barry; some few months ago I received some plate from him to pawn—I pawned it; I received it from Barry, in Dennis' parlour—I gave the money and the ticket to Barry—I pawned it at Folkard's for 1l. 5s.; he gave me 3s.—I afterwards found a spoon at Dennis'.
Cross-examined. Q. Who is Mrs. Dennis? A. A person I was cleaning for, she lives in Baker Street—I received the plate from Barry, and gave the money to Barry—I found a spoon at Dennis' place—she was in custody, and was discharged—I did not hear any thing said to her about finding any body.
JURY. Q. Did you redeem the plate again? A. Yes; Dennis asked me to get it out, and I did; she gave me the ticket.
MATILDA DENNIS . I gave the last witness the ticket to redeem some plate—I received the ticket from Charles Barry—I have known him about twelve months—I remember his giving the last witness a pair of table spoons to pawn—I saw her give him the money and the ticket—he afterwards said to me, "Mind this ticket for me;" and I took it; that is how I came to have it—Barry said he would go and get something from his old lady to pawn, and he went and got the spoons—he gave me two salt spoons the same day; he said, "I will give you these; they will do for use—I was in custody and was discharged—he gave me what was pawned by Julia Wilson.
RICHARD WESTLEY . I am an assistant to Mr. Child, a pawnbroker, in High Street, Shadwell. I produce two gravy spoons and a fish-knife, marked with a rose; they were pawned with me for three guineas, on 28th Sept., in the name of Jane Rossiter—I also produce two forks, pawned on 5th Oct., I think, by Mrs. Seber, but I could not take an oath that it was her—I must have seen the person, but I do not recollect who it was, but I have a slight reason to think it was her—knowing her to be a customer, I thought it was her—I have known her two or three years—I could not say whether it was her or not—I always knew her by the name of Seber—these were not pawned in the name of Seber, but in the name of Jane Mackay.
JURY. Q. Is it common for you, knowing a person, to take in an article in another name? A. They give us any name that they like—I do not recollect taking these in at all—if a person came whose name I knew was Seber, I should take in articles in another name—I should not inquire where the parties lived.
Mrs. Seber gave them into my hand, and Mrs. Rossiter was there; I knew Mrs. Rossiter, not Mrs. Seber.
WILLIAM M'LACHLAN . I am assistant to Mrs. Fryett, a pawnbroker, in Whitechapel Road. I produce six dessert spoons, pawned on 6th Oct., for 2l., in the name of Mary Thorn, by Mrs. Seber; Rossiter was with her—theyare marked with a rose.
Cross-examined. Q. How long afterwards was your attention brought to this pawning? A. I cannot say exactly; I should think it was nearly three months afterwards—I have seen hundreds of customers in that time—there were two persons, Rossiter was one—I can speak to Seber, because I took notice of her, I asked her the questions that were necessary.
BENJAMIN POOL . I am assistant to Mr. Telfer, a pawnbroker in St. George's Street. On 29th Sept., I received a tea spoon for 2s. 6d., in the name of Ann Brown; I do not know the person who gave it me—on 5th Oct., two dessert spoons were pawned in the name of Ann Brown, I took them in of Mrs. Rossiter.
WILLIAM CHARLES FLETCHER . I am assistant to Mr. Byas, a pawnbroker, in St. George's Street. I produce two table spoons, marked with a rose, pawned on 3d Oct., in the name of Jane Howe; Mrs. Rossiter's maiden name—Icannot say who pawned them, they were taken in by a young man who has recently left England—I know the writing of the duplicate; it is Mr. Howard's—I produce six dessert forks, pawned on 8th Oct., in the same name—Iwas present on that occasion, and they were handed to me, and I not knowing her so well as Mr. Howard, I referred them to him—Mrs. Seber and Mrs. Rossiter brought them—I have also six table forks, pawned on 29th Sept. for 4l.
Cross-examined. Q. Had you known either of these persons before; A. I had known Rossiter for years by the name of Howe—I have not seen her since 8th Oct., the time the forks were pawned—before that we had frequently seen her pawning articles, and redeeming them weekly—I had seen Seber before with Rossiter, but not in our shop as a customer—my attention was drawn to this about three months afterwards—I attended at the Thames Police Court—Seber was in custody—I heard Rossiter give her evidence the last time; Seber was in custody then—I particularly recollect Mrs. Seber was present, through her having a child in her arms; but supposing there was no child, I could recognize the woman—I cannot tell how many hundred customers I have seen since—I have seen hundreds of women in the last three months, with a child in their arms.
THOMAS HEBDITCH . I am in the service of Mr. Folkard, a pawnbroker, in the Commercial Road. I produce two salt spoons, two pair of sugar tongs, and a butter knife, pawned by a woman in the name of Ellen Barry, for Charles Mackay, No. 24, Cornwall Street.
ELIZABETH M'MULLEN re-examined. These articles produced by Jones, and Hebditch, and Westley are mine, and some of the others; the articles produced by Swinden, are not mine—the whole of my plate is worth nearly 80l.
SEBER received a good character.— NOT GUILTY .
BARRY— GUILTY .— Confined Eighteen Months.
MR. PLATT conducted the Prosecution.
WILLIAM LEE . I am a gentleman, and live in Blasson Cottages. On 12th Jan., between half-past 7 and 8 o'clock, I was taking a walk down Sloane Street—I had occasion to go to a particular court—after I had been there about a minute a woman came and asked me to direct her to some place—I said I could not tell her—I was then turning down the court to go into the main street, and I saw the prisoner and a tall man; they both rushed up to me and held my arm—I said, "What are you holding my arm for?" and, my coat being unbuttoned, the prisoner put his hand in my pocket and took my watch, which I had seen about a minute before—the female had left me—Ihad my watch after she had left me—it was loose; there was no guard to it—I seized the prisoner and accused him of taking the watch—I saw him hand the watch to the other man—I called the police, and the other man ran away—I stuck to the prisoner—the policeman came in eight or nine minutes; I held the prisoner all that time—I gave six guineas for the watch.
Cross-examined by MR. SLEIGH. Q. Had you been out and returning home? A. No, I was coming from my residence, taking a walk—the woman was with me, perhaps, a minute—she merely spoke to me, and said she thought she knew me in Brighton—I said I did not know her, and could not direct her—I cannot say whether the woman who spoke to me just before I lost my watch, was the woman who had been speaking to me in Knightsbridge—Thecourt was not dark, there is a lamp in the middle of it; it is as light as day—the woman was not talking to me at the time the two men came to the court, I am quite clear about that—I was giving the answer to the woman—Ihad scarcely turned and got one step before the two men came up and stopped me—I saw the prisoner take the watch and hand it to the other man—the prisoner had not got out of the court before I seized him—I seized him on the spot; he had not moved a yard—I did not hear him say that he was quite innocent—I took very little notice of what he said.
CHARLES SUTTON (Policeman, B 139). I was on duty in the New Road at half past 7 o'clock that night—I heard a call of police; I went to Mr. Lee; he had got the prisoner; he gave him to me—on 23d Jan. I went to Aldgate High Street and found this watch had been pawned for 3l.
MR. SLEIGH here stated that the prisoner would PLEAD GUILTY.
THE RECORDER, to THE JURY. On that statement you may find him Guilty.
GUILTY . †— Confined Eighteen Months.
MR. SLEIGH conducted the Prosecution.
CORNELIUS SHEEHAN . I am a labourer and live at No. 9, St. Ann's Lane, Westminster—Thomas Butler lodged in the same house, in a room under me—John Butler lodged at No. 4, Taylor's Buildings—on 28th Dec., at half past 10 o'clock at night, I was in my room; the two prisoners came; John came in first, and spoke first; he said, "Now we have got you," and he hit me on the head with his fist—I could not see whether he had any thing in his hand—he broke my cap in two places—Thomas Butler then came up with a knife and struck me on the nose; I fell down, and John Butler kept kicking me on the sides—my daughter came up and begged them not to kill me—the constable came up and they were taken in charge—I had never had a word with either of them in my life—I was sober.
COURT. Q. Do you say that without any provocation they came and did this? A. Yes, not the least in the world; just as I went in the room they followed me—I had passed Thomas Butler's room—I did not see him as I went up stairs—I did not see either of them till they came into my room—I had had no previous quarrel with them, nor used any offensive expression as I passed his door.
MARY ANN SHEEHAN . I am the prosecutor's daughter. On 28th Dec. I was going up stairs behind my father, and John Butler ran in the room and said, "Now we have got you," and his father rushed in behind him, and I could see a white handled knife in his hand—I blew out my own candle, and Thomas Butler ran down for his candle, and struck my father with the knife, and he fell down, and then the son was going to strike him with a server, and I threw my hands round his neck and kissed him, and said, "Don't strike my father."
John Butler. Q. Who went in the room first? A. Your father was going in first, and you rushed in before him, and struck my father; and then your father struck him with a knife.
Thomas Butler. She is a convicted thief. Witness. No, I am not; I have been in trouble about a milk-can when I was going with my cresses; but I was discharged—I sell water cresses and onions—I do not know of any quarrel between my father and the prisoners—there was no quarrel as my father went up stairs—he did not speak—I was close behind him.
GEORGE FINNIS (Policeman, B 174). I went on 28th Dec., about half past 10 o'clock at night to the house where the prosecutor lives; I found him lying down close by the fireplace in a pool of blood; I got him up, and sent him to the hospital—I did not go with him; he was insensible—I apprehended Thomas Butler in going to his work the next morning, and after the case was remanded I went back and searched the house—I found this white handled knife—when I took Thomas Butler I said I apprehended him for stabbing Sheehan—he said he used no knife.
THOMAS FREDERICK GREENWOOD . I am house surgeon of Westminster Hospital—I remember the prosecutor being brought to the hospital on the night of 28th Dec.—he had a wound across the right eye brow, and another over the nose, and the bridge of the nose was fractured—the blow must have been inflicted with some force, and with a sharp instrument—this knife would have inflicted it.
Thomas Butler. Q. Would not that have happened by a man falling against the bare of the grate? A. No, that would have broken his nose in, but I think would not have cut it—this must have been done by a sharp instrument.
COURT. Q. Were there any marks about him? A. No, I did not observe any.
Thomas Butler's Defence. I lived in the house with him for about three months, and he has got drunk nearly every day; I have never been without a black eye or a cut nose; he called me all the names he could lay his tongue to; he came and hammered at the door when I was in bed; I was forced to get out of bed; I opened the door and he was half way up stairs; I followed him up; he ran on the landing and shut his door; he put his hand up to hit me; I hit him twice, and he fell on the stove; I had no weapon in my hand; I can get a good character.
John Butler. My father had got a piece of meat given him, and this man's wife came in and stole it; this passed on till the Monday night, when he
came home drunk from the Elephant and Castle; he came in and called my father all the names he could lay his tongue to, and so he had previous to that; we had witnesses, but, through poverty, one is forced to go to the Union.
THOMAS BUTLER— GUILTY .— Confined Twelve Months.
JOHN BUTLER— NOT GUILTY .
THIRD COURT.—Thursday, February 4th, 1858.
PRESENT—Mr. Ald. CHALLIS; Mr. COMMON SERJEANT; and MICHAEL
PRENDERGAST, Esq., Q.C.
Before Mr. Common Serjeant and the Seventh Jury.
259. THOMAS JOHN BESSEGE (19) , Breaking and entering the dwelling house of Jabez Jacques, at St. Bartholomew the Great, and stealing therein 1 mantle, 1 jacket, 2 pairs of nutcrackers, and other articles, value 2l. 1s.; his property.
JABEZ JACQUES . I live at No. 60, Bartholomew Close. On 12th Jan., about half past 6 o'clock, I was alarmed by the cries of my wife that there was a man in the bed room—I ran and met her on the stairs; I sent for a policeman, and we went into the front bed room, third floor, which was all in confusion, but could find nobody there—we afterwards found the prisoner in the attic, hid behind the door; I gave him in charge—it is my house, and is in the parish of St. Bartholomew the Great—I imagine the prisoner got in by the front door, but it was closed and latched.
FRANCES JACQUES . I am the wife of the last witness. On 13th Jan., about a quarter past 6 o'clock, I went into my bed room, and found it all in confusion, and some things on the bed—I went round the bed with a candle, and saw a man lying on the floor, stretched out, with his head on a box, and the rest of his body on the floor—it was the prisoner—I said, "What do you do there, you villain? come out," and called my husband—the prisoner was afterwards found in the attic—several things had been removed from the sitting room adjoining the bed room—the front door was latched, but not locked; I was the last that came in, and my brother-in-law closed it after me—it can be opened from the outside with a latch key.
TRISTRAM STANSFIELD (City policeman, 292). I was called, and found the prisoner in the attic behind the door—I asked him what he was doing there; he said that he got in as the door was open—I took him to the station, searched him, and found this card of buttons and two bills and receipts belonging to the prosecutor in his pocket, 3d. in halfpence, but no latch key or knife—he was the worse for liquor.
The prisoner's statement before the Magistrate was here read as follows:"I was coming home from Tower Hill last evening, and met with some persons, who took me into the house; I was rather the worse for liquor, and do not know what I did in the place; I think I was there for three hours; it was at 4 or 5 o'clock.
Prisoner's Defence. I left Southampton on the Monday; I went to the London Docks to get a ship, and three or four of my countrymen went and
had a great deal of drink; I went to sleep in the bedroom, but am quite innocent of disturbing the things.
GUILTY of Larceny.— Confined Four Months.
260. WILLIAM KEEN (38) , Burglariously breaking and entering the dwelling house of Robert Webster, at St. Matthew, Bethnal Geeen, and stealing therein 1 hat and box, and 1 handkerchief, value 7s. 6d.; his property.
ROBERT WEBSTER . I am a weaver, living at No. 6, Granby Street, St. Matthew, Bethnal Green. On 28th Dec. I fastened up my house, and went out at 9 o'clock, and locked the door; the clock had struck 9—the shutters were closed, but not fastened; the bar was not up—at a few minutes past 10 o'clock I was fetched by the neighbours, and saw the prisoner standing outside my door, and two men holding him—the hasp where the lock goes in, was nearly broken off, so as to make it give way; that would enable a person to open the door and go in—some of my working tools had been disturbed, and I lost a handkerchief out of a hat box; I have never seen it since—the prisoner was taken into custody—some work materials had been removed.
ROBERT CALLOW . About 10 o'clock on 28th Dec. some one told me something, and I came round to my house, No. 14, Granby Street, and watched Mr. Webster's house, next door—I saw a light up stairs, and two men came out; the prisoner was the first—I do not know who the other was; I have not seen him since—I ran across the road, caught the prisoner, and held him till a policeman came—he struck me slightly in the mouth—the other man got away.
Prisoner. Q. Is there a lamp there? A. Yes, on the right side—I did not see any body come under that lamp and cross the road.
JOHN ROSS . I was in Granby Street, about 10 o'clock, taking care of my father's truck, and saw the prisoner and another man pass by two or three times, and shove Mr. Webster's door; one then said to the other, "It is all right"—they then went up to the top of the street, and parted; one went one way and one the other—I went and told my father, but saw no more of them.
Prisoner. Q. What did the other man have on? A. A blue jacket, a cap, and corduroy trousers.
Prisoner. Q. How was it you were not sworn when I was taken to the station? A. I did not know I was wanted—I fetched the policeman—I had no shoes on, because I was going to bed—I am quite sure you are the man.
WILLIAM LARTER (Policeman, H 63). I was fetched by Garrit, and took the prisoner—the door of the house had been forced open by a man pushing against it with his shoulder; the hasp was bent, and the screws had started—Ifound this bag (produced) on the prisoner, which the prosecutor knows nothing about—I have not been able to find the other man.
Prisoner's Defence. I was passing the house, and was stopped by some
persons, who said I had come out of it; I said I had not, and did not know which house they meant, but they gave me in charge—I am a weaver, and had the bag in my pocket which weavers have for the purpose of carrying work to and from their employers; I did not have it with me for any illegal purpose; I have several parties here to speak to my character.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury on account of his character.— Confined Six Months.
MR. GENT conducted the Prosecution.
ALFRED EDWIN POWELL . I am conductor of an omnibus belonging to Mr. Cowne, kept at the Castle and Falcon Yard. On 19th Jan., about 12 o'clock in the morning, I put a parcel I had fetched from Messrs. Caldecott's, of Cheapside, upon the roof of the omnibus; it was addressed to Bedford, of Uxbridge—westarted out of the yard about twenty minutes past 4 o'clock, and I then missed the parcel—I have seen the prisoner before, about, but not in the yard—I did not then know what the parcel contained, but I paid for the goods, and this (produced) is the invoice and receipt for 113 yards—I have seen a portion of it since, but the paper has not been found.
WILLIAM BORNE . I am foreman to Mr. Peachey, a pawnbroker, of Goswell Street. I produce about 18 yards of sheeting, pawned on the 20th Jan. by a woman, in the name of Ann Kirk, for 4s.—as it is a coarse quality, I thought it was her own, or I should not have taken it—I have not got the duplicate here—he gave the name of Ann Kirk, No. 1, Glass House Yard—she came to redeem it two days afterwards, and I thought it best to take the money, as Packman had been there a few minutes before.
WILLIAM BEARD . I am warehouseman to Messrs. Caldecott, of Cheapside. On 19th Jan. I had 113 yards of coarse sheeting brought up to be packed; it was to go to Redford, of Uxbridge; the value of it was 3l. 5s. 4d.—I believe this produced to be part of it—here is "113" on it, which is the length of the whole piece—that was on the piece we sent.
ROBERT PACKMAN (City policeman). In consequence of information I received, I went to Mr. Peachey's shop on 22d Jan., and found a woman, who I have ascertained to be the prisoner's wife, with this parcel on the counter before her—(THE COURT considered the conversation admissible, on the ground that the prisoner's wife must be considered his agent)—I asked her if it was her property, she said that it was—I told her it was stolen property, and asked her how she accounted for the possession of it—she said that a person named Fiddler came to her house on Sunday evening, and asked her to pledge it for her, and she pledged that piece, and also another piece at Walters, in Aldersgate Street, and Fiddler had called in that day, and asked her to redeem it, and was going to call in the evening for it—I took her into custody, and she was afterwards discharged—I went to the address she gave, No. 1, Union Place, and found the prisoner there—I asked him if he knew a person named Fiddler; he said "Yes," and he had been there that day, but was not there then—I asked him if he knew where his wife was; he said, "Yes, she is gone to a pawnbroker's, at the corner of Old Street, Peachey's, to redeem some sheeting"—I told him I was a police officer, and asked him who that sheeting belonged to; he said, "It belongs to me"—I asked him how ho accounted for the possession of it, as it was a portion of 113 yards which
had been stolen on Tuesday—he said that he was standing in Aldersgate Street on Tuesday, at 5 o'clock, and a man, whom he did not know, came along with a parcel under his arm, and asked him if he would buy some sheeting for 10s., and he gave him 7s. for it, and afterwards sent his wife to pledge it; and she had gone to redeem that piece, as he wanted some money—I searched the place, and found this duplicate for canvass pledged on 19th Jan., at Walters, in a box in his room, it is for 19 yards, in the name of Kirk, No. 1, Union Place, Glass House Yard—I found no sheeting.
JAMES ROBERT GINNIS re-examined. This duplicate is in the name of Jane Kirk, Bridgewater Gardens—the prisoner two days afterwards came with some more, and we refused to take it in, till she fetched the other out—it was similar to one of these pieces.
The prisoner's statement before the Magistrate was here read as follows: "I did not know it was stolen property, or I would not have bought it."
The prisoner received a good character. GUILTY .— Confined Four Months.
MR. PLATT conducted the Prosecution.
ELIZABETH LOWE . I am the wife of Samuel Lowe, of No. 13, Charlwood Street, Pimlico. I knew the deceased child—his name was Harry Clark Tordoff—he was the son of my sister, the prisoner; she is single; the child was a year and a half old when he died—he was always delicate—he had a cough from his birth: the doctor has that on his books.
Cross-examined by MR. PLUMTREE. Q. Did it always present the appearance of a delicate child? A. Yes; it had every symptom of consumption—itwas constantly coughing, and had a wheezing at the chest—whatever nourishment it took did not seem to improve it—it was a very hungry child—Ihad the feeding of it—it did not thrive on it's food; it gradually wasted away.
MR. PLATT. Q. How long had you care of the child? A. From its birth, until about two months before it died—I last saw it in Aug. or Sept.—Ihad it under my eye from it's birth till its father left, which was in Easter week—I lived very near my sister, and saw it very often; but I very seldom saw it after Easter week, for my sister threw—herself away, and got into very low society—Mr. Greeks, of Warwick Street, was called in to the child—that was before Easter.
COURT. Q. You say it was before Easter; was it before Christmas,1856? A. It was in 1857—the child had been taken to the doctor a great many times, but the doctor had not called—it was taken to him three or four times during it's life, for a cough and wheezing of the chest—when it was passionate, it used to roll and knock it's head about on the floor, and persons said that they did not think he was right—my sister never had the care of him—she always placed him with other persons, but she used to bring him to see me, and then I used to go with her to the doctor—the doctor said, "Put a mustard-poultice on it's chest, and give it some medicine"—my sister was always very fond of it, and I am surprised that she should have done as she has done after the father leaving her—she suckled it until it was turned twelve months old—it used to be taken to her where she worked, to suckle it—she goes out ironing—she gets 2s. a day, but not her keep—she has another child about four years old, not dependent upon her—the father takes care of that—she has not had work since last Easter; she would have had it, but she has taken to going about to public houses.
THOMAS GILKES . I am porter at St. Margaret's workhouse. The child was admitted there on 7th Nov.; it was fearfully emaciated, and very dirty—Ithought it was dying—it was exceedingly filthy in it's person—it had very little dress on, only a dirty bed gown—it was brought by a woman named Perry, and was given up to the care of nurse Concross—it appeared to be covered with sores—it came in by 12 o'clock in the day, and Dr. Lavies and Mr. Dover saw it directly after.
Cross-examined. Q. Did you notice whether it suffered from a violent cough and affection of the chest? A. I did not; but it seemed dull, and it's eyes were wandering as if it was suffering great pain.
SARAH CONCROSS . I am a nurse at St. Margaret's workhouse. I took charge of the child—it was in a very dirty, filthy state, both in person and linen, and it appeared very bad, as if it had been in want of nourishment—itwas very ravenous—it never seemed satisfied with it's food—Mr. Dover saw it on the day it was admitted, and Mr. Lavies the next day—it was under, their care till it's death, nine days after—every possible care was taken of it to save it's life, but notwithstanding that, it got worse and died on the 11th—it's appetite kept up to the last hour before its death—it seemed in great pain from the time it was brought in till it died—it had on a calico bed gown when it was brought in, and a shawl wrapped round it, but they took the shawl back again as it belonged to one of the women—the night gown had been washed.
Cross-examined. Q. During the nine days it was under your care, did it's appetite continue so ravenous that it was never satisfied? A. Never; I did not observe that it had a very severe cough or a rattling of the chest.
JOHN LAVIES . I am a surgeon, of No. 5, Great George Street, Westminster, and medical officer to the workhouse. I saw the child on the morning after it came in; it was in a very emaciated and deplorable state, covered with sores all over it's body, which conveyed to me the impression that it was the result of neglect, not of disease—it was always under the care of one of the nurses, and I prescribed for it daily, but it did not want medicine, only food—I gave it all the food I thought right—it had arrowroot and brandy—it rallied for a little while—it did not gain flesh at all, but it seemed to have more power—it died on the 11th, and I made a post mortem examination—theblood vessels of the brain were rather congested; the ventricles of the brain were full of serum; the cavities of the heart contained a very small quantity of fluid blood; the pericardium, or membrane surrounding the heart, also contained some serous fluid—the lungs were perfectly healthy, and also the liver, stomach, and intestines—the small mesenteric vessels, which are often in a state of disease which produces wasting, were very little enlarged, but they were somewhat larger than the proper size; I do not think that material—the omentum covering the intestines, which should have a good deal of fat, was entirely transparent; the musoles were very pallid—there was really no cellular tissue between the flesh and the skin, and the whole body was in a very emaciated condition—the heart having that very small quantity of blood indicated extreme want of power and debility—I think the child died from want—there was effusion of water on the ventricles of the brain—there was no evidence of any disease to cause death.
Cross-examined. Q. In addition to those symptoms, was the child affected with diarrhoea? A. I think it had in the beginning, but it subsided—much mental anxiety or bodily toil would affect the mother's milk, both in quality and quantity—a child suckled with milk which did not give the proper degree of nutriment would sink—when a child is partly suckled by the mother and
partly fed by biscuits, diarrhoea frequently follows, and it would lead to further mischief if there be a predisposition to disease—I have frequently met with cases in the higher walks of life when, in consequence of a child being partly fed and partly suckled, a disordered state has arisen—there are cases in which, however great the supply of milk may be, it is of such a quality as not to agree, and disease ensues.
MR. PLATT. Q. If this was the case, and disease ensued, would you not find something after death? A. Yes, you would find the mesenteric glands very much enlarged, and the liver in an unhealthy condition; that was not the case here.
COURT. Q. Would the liver be enlarged? A. It would not be healthy, but studded with tumours the same as the lungs—the effusion which I found in the brain might have commenced before it came in, or it might have begun to take place before the remedial measures were taken, as, during the nine days it was in the workhouse, it had every thing which my skill could suggest—thestomach often retains it's integrity after symptoms in the brain have commenced—starvation produces effusion on the brain, because the powers are so feeble that the whole of the tissues and fat get absorbed; that supply ceasing, the functions give way, and you get effusion; it is a deficiency of power—I think the symptoms might be produced by starvation and want, and yet the appetite continue—those symptoms would not prevent the food from nourishing—the mischief was done before I saw the child—all I could do would not give it real power—there was some diarrhoea, and that would interfere with the nourishment; it was, undoubtedly, better for what I gave it.
MR. PLUMTREE. Q. What is the difference between starvation from want of food and starvation from emaciation? A. Every parent could find a remedy for starvation from want of food—I have seen a child reduced to such an extreme state as this boy was, through the nourishment of the mother not agreeing, and they not liking to have a nurse; in that case a healthy wet nurse becomes indispensible—I cannot undertake to say that the symptoms I found were the result of neglect, but it looked like a case of neglect—there was nothing scrofulous about the sores—there was nothing in the heart to indicate disease, but it was small, empty, and had been acting feebly—I found nothing to account for cough and irritation of the chest; the lungs were healthy—it's head was dirty and sore, but it had not scald head.
FANNY SHIRWILL . I am the wife of James Shirwill, a boot maker, of No. 50, Lillington Street. The prisoner left the baby with me on a Sunday, about eight months ago, as near as I can judge; about May—it was left with one of my little girls—I saw the mother when the child was first left; she said that she was going for a little while, and would come back and have some dinner with us—I am a friend of her's—I have known her from a child—thechild was then a fine boy, clean, and not a spot on it—it had a rattling on it's chest, from cold or teething, but nothing more than babies generally have—she did not come back till about Wednesday—she had made no agreement with me as to taking care of the child, only for a little while—it was fed and taken proper care of until she came again—it was clothed very comfortably—she asked, my leave to leave it, as she was going out to work; she had got work—I met her about a week afterwards and she gave me 1s.; she said that she would come and fetch it next day, because I was out nursing and could not take care of it—she made no agreement with me about keeping it, and I did not see her for three or four weeks—she promised to fetch it next day—I accidentally met her four or five weeks afterwards—during the
whole of that time she had not come near the child, and had only paid me 1s.—shehad no money from work during that time, to my knowledge—I took proper care of the child, as to food and cleanliness—the child left me about eight months ago, and I only saw it once afterwards before it's death—the mother fetched it away, but did not pay me a farthing for it; she had no money to my knowledge—she said that she would pay me as soon as she could—I scolded her for leaving the child there—she did not tell me whether she had been out at work—it was in good health when she took it away, not very fat and not very lean—it had no illness upon it at all, only the rattling on the chest—I did not take it to any doctor.
Cross-examined. Q. When it was brought to you, was it teething? A. Yes—at the time I scolded the prisoner for not returning sooner, she gave me no reason for not coming back—I weaned the child, and afterwards the prisoner said that she would give me a bedstead for weaning it—I fed it with bread and milk, bread and butter, and tea—it was then twelve or thirteen months old, as near as I can guess.
COURT. Q. Did you give it food? A. Yes, it used to have meat and potatoes, and bread sopped in gravy, or any thing that we ate—it was relaxed in it's bowels, on occasion of its teething; it would eat any thing.
JANE LONG . I live in Rochester Street, and go out ironing. I had charge of the child for eight or nine days, at the latter end of Sept., or the beginning of Oct.—I met the mother with the child, she asked me if I would take it, and mind it; I said, "Yes;" and she agreed to give me 5s. a week, and gave me 4d. then—she said that she was going out for a day's washing—the child was very thin; it's frock and petticoat were clean—it had a rash on it's body, and there were some vermin—there was a sore about the head, and the arms were sore underneath—I said, "How thin the baby is? "she said, "It is cutting it's teeth;" she did not come to look at it during the eight days—I was obliged to go and look after her; I told her the child was very ill, and I could not keep it, for I had four of my own; and she said that she would come for it, but she sent another person, and I never saw the baby afterwards—she gave as a reason for not coming, that she had no money to pay me, as she had no work; I do not think she had—she does not live or work near me—on that I went to the parish and got an order there, and met the mother, and told her what I had done—the order was to take it into the house, but she told me if I would take it, she would pay me, and she sent for the child—it had proper food while with me; bread and milk, tea, and potatoes—I gave it enough of food, but it seemed so craving that it never seemed satisfied—it did not seem ill when with me, or to want a doctor.
Cross-examined. Q. Had it a bad cough, and irritation on the chest? A. Only from cold—when she returned for the child, she told me that she would pay for the keep as soon as she had the money—she always seemed fond of it.
MARIA MURRAY . I live at No. 3, Pear Street, Strutton Ground, Westminster; I am a widow—the prisoner came to my room as a lodger on 4th or 5th Oct.—I have only one room—she lodged with me a fortnight and two days—she had not the baby with her when she first came; she said next morning that she had a child at No. 1, Rochester Row, and she should very much like it to be brought to her, as it was very much neglected, and did not seem to be doing well, and could I make it convenient for it to be brought there—I said, "Yes"—it was sent for the next morning, and it came—it was in a very filthy, dirty state, and very naked, only a frock on, nothing underneath at all; but a little hat and a woollen handkerchief—it was quite
frame of bones, they were nearly coming through the skin—I said to the prisoner,"Had I known the child was in this state, I should not have liked it to be brought here"—she said, "Oh dear! I did not think my poor Henry was in this state"—we were at breakfast, and she did not eat any thing after she saw the child—she said, "I have been to that woman (Long) to take care of my child, and she has not done so"—I got some warm water and soap and flannel, and she washed the child from head to foot—she gave it some bread and butter and tea, the same as we were partaking of—I sent to Dr. Churchill's for a box of ointment and rubbed it on the child's head; she asked me to go for it—it was green elder ointment—it got better in two or three days—I washed it with yellow soap and water every morning—she went away that evening (Tuesday), and I saw her again on Thursday—I went after her; she had said that she was going out to meet a friend, and I expected her home to the child—I gave it bread and butter and tea during the days she was away—itwas always crying, and very ravenous—when she came back on the third day she said that she had been with a friend and could not return—when she came to see the child she remained, sometimes a day and a night, and sometimes two days—she used to bring in food for herself and give some of it to the child—she seemed fond of it—it was with me nearly three weeks; it went from my house to a lodging house—the more food it ate the more it wanted—shewas away the last time three days and three nights, and I went to look after her on a Thursday morning in Oct., and found her at Mr. Grafton's public house, in Strutton Ground; she had been drinking—she gave me no money at all for the child—I asked her if she was coming home to take her baby, as my landlord would not have it any longer; it was crying night and day—she came home about half an hour afterwards—she remained in the room till about 7 o'clock, and then it was taken away from me.
Cross-examined. Q. Did not she show her affection by putting it into a a warm bath every other evening for a whole week? A. Not herself, but a warm bath was got for it at her request—I saw her rub it's head with ointment once or twice, and it got better, but not in body.
SOPHIA PERRY . I am the wife of Benjamin Perry, of No. 1, Old Pye Street, Westminster. On 1st Nov. the prisoner brought the child to my house and asked for a bed—she sent out for one ounce of arrowroot and a halfpennyworth of milk—I made some arrowroot with that, and gave it to her, and she fed the child—it looked rather ill, and I asked her what was the matter with it—she said that it had been ill some time—it had a little cap and a frock and petticoat, and she had it wrapped up in her shawl—I saw no trace of illness or cough—it ate a cupful of food rather greedily—she went up stairs to put it to bed, and then came down, saying that she was going out, and would not be long—I asked her if the baby would be quiet till she returned, and she said it would—it was quiet, and slept very well—it's clothes were very dirty—it's flesh was clean, but covered with sores—I saw nothing of the prisoner after she went out, till she was in the station house—she paid me 4d.—she gave the baby some milk during the night, and at half past 7 o'clock I gave it half a pint of bread and milk—finding that she did not come home I went to the workhouse, but they told me they could not admit the child till I had been to the station house.
THE COURT considered that there was no case against the prisoner, and that Mr. Plumtree need not address the Jury in her behalf.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. SLEIGH conducted the Prosecution.
WILLIAM SOUTH (Policeman, K 233). On 31st Dec., about half past 7 o'clock in the evening, I was on duty in plain clothes, at Stratford, and saw a man named Green in the road with something under his arm, which he took into a marine store shop in High Street—I followed him, and he had this copper (produced)—he was afterwards discharged and made a witness.
Cross-examined by MR. SHARPE. Q. Have you known the prisoner for some time? A. Yes—I never heard any thing against him—I knew him eight or ten years ago, and then I did not see him for some time—but I have known him for the last four years; he has never been in custody.
JOHN PUDDICK (Policeman, K 301). From information I received, I apprehended the prisoner, on 1st Nov., about 2 o'clock, at Abbot's Brewery, Bow—Itold him he must consider himself in custody for being concerned, with others now in custody, for stealing copper—he said that it was all his wife's doings—I apprehended his wife.
Cross-examined. Q. Was she locked up on this charge? A. Yes, and a person named Bish—I have known the prisoner about a year and a half—I know nothing against him.
WILLIAM WOOD . I am manager of Edwin Norton Abbott's brewery, at Bow—the prisoner was in his employment five years—this copper is my employer's; I saw it safe, against the office door, on Wednesday morning,30th Dec., and missed it in the afternoon—the prisoner had access to that part of the premises, but I did not see him that morning.
Cross-examined. Q. During the whole time, has he been a hard-working, steady man? A. Yes; there is nothing against his character for honesty—hiswages were 22s. a week, but the day before this accident happened, I had occasion to find a little fault with him, and he was reduced to 21s.—this copper is worth 8s. or 9s.—it was lying loose about, with some old metal—theprisoner did not work there, but in our office—there were forty other men working there—there had been a fire there on 24th Dec., and the premises were greatly injured—nobody was on the premises repairing the damage—the last time I saw the copper was not the day of the fire—I know I saw it that day, because I was going to put it away.
THOMAS BISH . I am a smith, and live at Stratford. On the evening of 31st Dec., I saw the prisoner's wife, and next morning, Saturday, I saw the prisoner—on a subsequent occasion I went to Green's shop with Mrs. Adams.
Cross-examined. Q. I believe you agreed to sell this copper for 6s.? A. Yes, that was the value of it—I was locked up on this charge.
MR. SLEIGH. Q. With whom did you agree to sell the copper? A. Mr. Green—the prisoner's wife accompanied me to the place; she was outside—hewas going to give me 6s. for it; that was 8d. a pound.
Cross-examined. Q. Were you locked up on this charge? A. Yes—I bought the copper on the last day of the year.
THE COURT considered that there was no evidence against the prisoner.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
MR. BODKIN conducted the Prosecution.
MICHAEL ROWLAND . I keep a beer house, in High Street, Woolwich. The prisoner was in my house on the evening of 27th Jan.—my waiter came to me for a pot of ale; I heard the prisoner say to him that he wanted change for a sovereign—I declined to give change to the waiter, and desired the man himself to come to the bar—the prisoner came, and gave me a sovereign; I gave him the change, and tried the sovereign with my teeth—I thought it was bad; I took the change back, and told him I could not give him change for that, it was a bad sovereign; he said it was good—he said, "Hold hard; I will give you another, but I don't believe that is bad"—he then gave me another; I rang it, and, considering it was good, I gave him the change—I laid the sovereign apart from any other—I afterwards took it from the place where I had put it, and put it into my pocket—the prisoner stopped ten minutes or a quarter of an hour; he then left, and soon afterwards a communication was made to me by some one who came in—I tried the sovereign with my teeth, and found it was as soft as the other one—I went in pursuit of the prisoner; I met him coming out of a public house—I said, "The second sovereign you gave me was a bad one too"—he said, "It was not"—I gave him in charge, marked the sovereign, and gave it to the constable Allen.
MARTHA HARRISON . I am the wife of William Harrison, a boot and shoe maker, at Woolwich. On Wednesday evening, 27th Jan., the prisoner came, and wanted a pair of girl's shoes—there were three girls with him—Isupplied him with the shoes; they came to 5s.—he paid me with what I supposed to be a sovereign; I gave him 15s. change, and he went out of the shop—Mr. Luntley gave me change for the sovereign.
Prisoner. I was very drunk when I was in her shop. Witness. Yes; he was.
sovereign from the prisoner—she gave it to me—I took it into my house, put it in a bag with some loose silver, and took out eight half crowns from the bag—there was one other sovereign in the bag, in a piece of paper—I took the change to Mrs. Harrison—I returned to my house, took out the sovereign, and put it in the piece of paper with the other one—I left both the sovereigns in the bag—I had not examined the other, and do not know whether it was good or bad—my wife afterwards gave me a bad sovereign, which I gave to the policeman.
JANE LUNTLEY . I am the wife of the last witness. About 8 o'clock on that evening a communication was made to me, and I went to the bag where the money was kept, and found two sovereigns wrapped in paper, one of which was bad—that was the one which I gave to my husband—I had examined the other sovereign before, and I know it was good—I had examined it the same day, and put it in the bag, wrapped in paper.
COURT. Q. When did you try it? A. About 1 o'clock; and when I took it out at 8 o'clock, I could recognize it from the other—that was very good, and the other was bad.
WILLIAM ALLEN (Policeman, R 68). On 27th Jan. Mr. Rowland called my assistance. I went with him, and met the prisoner coming out of a public house—I told him that Mr. Rowland, who keeps the British Queen beerhouse, charged him with passing a bad sovereign—he said he had been in the house, but he had not passed a bad sovereign. On the way to the station, he put his hand in his right hand pocket—I seized his hand, and took from it this other bad sovereign (produced)—after he had got his hand out of his pocket, he raised his hand to his shoulder—it was in going over the railway bridge; and I suspected he wanted to throw it into the water—heasked me if I wanted any more, and he gave me some silver on the way—atthe station I found on him 2s. 6d., in an old tobacco box.
Prisoner's Defence. I took them, and had I known they were bad, I should never have passed them.
GUILTY .— Confined Fifteen Months.
Before Mr. Recorder.
MR. BODKIN, conducted the Prosecution.
EDWARD SPENCER . I am eighteen years and ten months old. In Sept. last I enlisted, in Hampshire, into the Royal Horse Artillery—I went through my examination, and was sent to Woolwich—I arrived there one day in October—I was there supplied with uniform and accoutrements—about Christmas, I saw the prisoner in Uncle Tom's Cabin beer shop at Woolwich—Inever saw him before—he came and sat down by my side—I gave him some beer—he said he had a brother in the Artillery, could he see him that night—I said, no, it was too late that night—he said he had to go to town in the morning—I was beerey—he then asked me to go with him, and I went into the Coach and Horses; I had another pint of beer there—he got up and went outside, and came in again, and called me out, and said, "Now you can change your clothes"—he had two civilian chaps with him, and they had some clothes for me to put on—we went to the back of the public house, and I took my clothes off there—they gave me some civilian's clothes, and they gave the prisoner two shillings—I do not know whether they took my clothes away—the prisoner and I came off, and walked to London—I was to enlist
in the East India Company's service—when we got into the Borough a policeman stopped us, and put some questions to me and to the prisoner—I told him who I was, and he kept us both.
Prisoner. He is a perjured man.
MR. BODKIN. Q. Who gave you the trousers which you had on? A. The prisoner; he had two pairs of trousers on—he took one pair off and gave them to me.
EDWARD HEWLETT (Police sergeant, M 29). About 3 o'clock in the morning, of 30th Dec, I saw the last witness and the prisoner, in High Street, Borough; I thought it right to stop them—I said to the prisoner,"Where are you going?" he said, "Over the way"—I said to him, "Why you are a soldier?" he said, "Yes, I know I am"—I said, "This other young man is a soldier, too" he said, "No, he is not; I have been a soldier sixteen or seventeen years; I belonged to the 44th foot, and was discharged at Shorncliff"—I asked him if he had got his discharge, and he produced a piece of paper—I was not satisfied, and I said, "If you are not a soldier, this young man is; he is a deserter"—he said, "I can assure you he is not; I have known him some years"—I said, "Where have you known him?" he said, "At Shorncliff"—I said, "If he is not a soldier, he must have been one;" he said, "No, I assure you, so help me God, he never was a soldier; he has been living round the camp some time; from a boy I have known him"—I did not feel satisfied; I told the prisoner to go on, and I spoke to the witness, and he gave me an account—I sent a constable to fetch the prisoner back, and he was taken into custody—Spencer told me in the prisoner's presence, that he should not have deserted, if it had not been for this man—he said, "He persuaded me to do it, and got two civilians to get my clothes"—Isaid, "Did you sell your clothes; or how did you make away with them?" he said, "I did not sell them, that man sold them, and he has got the money"—Ithen asked the prisoner if he had got the young man's money; he said, "Yes," he had got 1s. 8d., that was all.
WILLIAM SAVAGE . I am a waiter at Uncle Tom's Cabin. I know the prisoner; I have seen his face several times—I know Spencer, I saw him and the prisoner at Uncle Tom's Cabin, one night; that was before Christmas.
Prisoner's Defence. I was for some sixteen years a soldier, in one of Her Majesty's regiments of the line, serving for some time in India, and passing through the whole of the Crimean campaign; I was discharged some twelve months since, and have since been living with my family; but having no fixed employment, I came up to London to enter the Tower Hamlets Militia; on the day of my apprehension, I had been to see a friend who was about leaving Chatham; and returning back, on my road to London, I overtook the witness; he told me he thought he should go for a soldier, and I advised him to enter the East India service; he said he would do so; we continued talking till we came to a coffee house, where we took some coffee, and then went on; nothing further passed between us till the officer stopped me; he demanded my discharge; I told him I had not got it, but produced a copy of it; he read it, and told me I might pass on; as I was leaving, he asked who the other person was, I said I did not know; he said he should take him for a deserter, judging by the cut of his hair, and he should take him into custody; I believe he told the policeman, in my absence, that he had been a deserter, but I am sure he never mentioned such a thing to me; and what motive he could have in saying I encouraged him to desert, I know not; I have been waiting for trial a long time, which I hope you will take into consideration.
GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Three Months.
GEORGE TUFREY (Policeman, R 185). On 20th Jan., about 8 o'clock in the morning, I received information, and went to a shed on the premises of Thomas Burton, at Rushey Green, Lewisham—the doors were closed; I pulled them open and saw the prisoner skinning a sheep—I took this knife (produced) from him, and asked him where he got the sheep—he said, "Out of Mr. Wallis's field," and that his dog had worried it, and that he did not know what to do, and took it into the shed—I told him I must take him in custody—he said he was very sorry—I took him to the station, and then returned to the shed, and found the sheep's head concealed under the boarded floor, and the carcase in the shed—I sent for a farmer and a butcher to examine it—I found no marks of it having been torn by a dog—I showed it to Mr. Wallis's shepherd.
Prisoner. The doors were not closed. Witness. They were—I pulled them open, and the post fell down—there was a chain round the post, with which it was fastened.
THOMAS BURTON . I am a beer shop keeper, of Rushey Green—the prisoner lodged with me—he went out about 6 o'clock on 20th Jan., and returned about 7 o'clock; he came in doors, pulled off his coat, and ran into my shed—he had no dog with him—I came home to my breakfast at 8 o'clock, and asked him what he was up to; he said that he had got a sheep—I said, "Yes, you have; what are you going to do with it?"—he said, "To dress it"—I said, "What after that?"—he said that he was going to cut it up and eat it—I asked him where he got it from; he said, "Out of Mr. Wallis's field, and I brought it in the shed and killed it."
Prisoner. I did not say I was going to cut it up and eat it; I said that I was going to put it away. Witness. You wanted me to help you to eat it.
WILLIAM BEGENT . I am shepherd to Thomas Wallis—he had some sheep in a field near Rushey Green; they were not under my care; they had been sent out about three weeks before; forty-two were sent out—I did not afterwards count them, but I saw the head of a young ram two years old, and knew it to be one which I had sent into the marsh—I did not see the carcase.
JOHN WEATHERBY . I had charge of these sheep—there were thirty-nine tags, two ewes, and one ram—they were all right on Tuesday, 19th Jan.—I did not count them on Wednesday or Thursday; but on Saturday I went with the policeman and missed the ram—I afterwards saw it's head.
The prisoner received a good character.
GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
MR. RIBTON conducted the Prosecution.
Street, Newington. On 7th Nov., about 11 o'clock, I secured the house, and went to bed—about 2 o'clock in the morning I was disturbed by a noise in the house—I got up, went on to the landing, and listened—I heard nothing, but felt a draught—I went and found the staircase window open—I went down, and in the passage I saw two men, and the street door was open—I made a rush at them, and they went out, and I saw the prisoner getting over the railings, at the side of the house which is at the corner—as he was the nearest, I made a grasp at him, and he struck at me; I slipped, and he ran away—I got up, and followed him 200 yards, calling out "Police!"—a constable stopped him, and when I got up, he and the constable were struggling on the ground—we secured him with some difficulty, and brought him back to the house—I had not lost sight of him; I ran after him in my night dress, and it was very cold indeed.
Cross-examined by MR. SLEIGH. Q. Had you nothing but your shirt on? A. No—I did not catch cold—there were no other people running—it was not very dark—I did not hear any body say that another man had been seen—theprisoner's face was towards me when he was getting over the railing; there was a lamp in front of him at the opposite corner—there was no light between him and me—the policeman could not get at his rattle, and asked me to get it, as he had tried to get it once, and the prisoner attempted to escape—a man then came up, and I asked him to take my position while I went up to dress—that man remained till the place was searched, and was there for an hour or two afterwards—he has not called since—the prisoner is not one of the men who was in the passage—the prisoner was getting over the railing at the side, which led to the back of the house, where the entrance had been effected—I had not made the slightest alarm; I do not think they heard me till I was right upon them—I had locked the front door, and saw that the windows were shut, and the latch door also.
MR. RIBTON. Q. What door did you find open? A. The staircase window, at the back of the house—the door leading to the back of the house had been opened, and the yard door, and the street door, and all from the inside—theentrance was effected from the staircase window, which is ten or twelve feet from the ground; but there is a lobby which projects out, and they got in from there—that window was shut down, I did not observe whether it was fast—it is necessary to get over the iron railings to get to the back of the premises; they must have got over the railings unless they had come through the house—they had to climb a wall twelve feet high—there was a door which was nailed up the night before, but the nails had been extracted, and the door was open—the rails were in the inside; they would have to get over the wall first.
LOT SAWYER (Policeman, M 175). On 7th Nov., between 2 and 3 o'clock, I heard a cry of "Police!" and, as I went up, I saw the prisoner getting over Mr. Searle's iron pailings; he immediately struck Mr. Searle on the head, which caused him to fall on the step of the door—he ran, and I chased him—I never lost sight of him—Mr. Searle came to my assistance; a tustle ensued between the prisoner and me, and I heard something fall—aftertaking him to the station, I went back and found this jemmy at that spot (produced).
Cross-examined. Q. Did you see the other men running? A. Yes, they ran one way and the prisoner the other—I saw them first; they were about forty yards from the prisoner—the prisoner said that he was willing to go with me—he did not say that he was going home, and was stopped by Mr. Searle, and had nothing to do with it.
GUILTY .—He was further charged with having been before convicted.
THOMAS GEETER (Policeman, C 4). I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court, Oct., 1856; Edward Williams, Convicted of assault and robbery; Confined One Year")—Iwas present—the prisoner is the man.
GUILTY.— Four Years Penal Servitude.
272. JOHN JACKSON (23), and WILLIAM DAVIS (20) , Burglariously breaking and entering the dwelling house of Thomas Hunt, at St. Mary Newington, and stealing therein 4 coats, 2 waistcoats, 1 ring, and other articles, value 11l.; his property: to which they PLEADED GUILTY .— Confined Twelve Months each.
MR. LILLEY conducted the Prosecution.
WILLIAM KIRK . I live at No. 9, Brunswick Square, Camberwell, and am a horsekeeper—On 2d Jan., between the hours of 12 and a quarter to 1 o'clock in the night, I was standing opposite the Bull's Head, Camberwell, and the prisoner came up and asked me for a lucifer—I said I have not got one—he said Liz is over the way—that is the prosecutor's wife—he asked me who was with her?—I said "George"; that is her husband—the prisoner went across towards them—he went to the bar to them—they had a few words, and Batchelor got his jacket half off—it was put on again, and I saw him make an attempt to strike at the prisoner, but whether he hit him or no, I cannot say—the landlord opened the door and told the prisoner to go out—(I was not close enough to hear the words they used)—the prisoner went out, and waited outside till Batchelor came out—Batchelor said "You want a row with me"—I did not hear the answer, but Batchelor took off his jacket, squared at the prisoner, struck him, knocked him agin the shutters of the grocer's shop, and then Batchelor got hold of him again, struck him about the legs, and threw him on the stones, tripped him over, and fell on him—I then saw a knife in the prisoner's hand, and saw him stab Batchelor with it three times in the neck—I was lifting Batchelor off him, or else I should not have seen it—a constable came up and pushed me on one side, and asked me what I did there?—I said "Look at him; he has been sticking him with a knife"—when they got up, they were both smothered in blood—Taylor tried to hit Batchelor, but I cannot say that he did, for Batchelor knocked him against the shop—when Batchelor came up I believe he spoke first, but I did not hear the words.
COURT. Q. Then why did you say that Batchelor said "You want to have a row with me," if you did not hear what he said? A. It was in the house that he said "You want to have words with me;" when he came outside, he said "You want to have a row with me"—I did not hear what the prisoner said to that—I do not know what they were quarrelling about—I did not want a row, but I knew he had been with Liz—I knew that Batchelor had been living with her as her husband.
Cross-enamined by MR. BROOKS. Q. Did Batchelor strike the prisoner first? A. Yes; they were on the ground two or three minutes—there were two more men there besides me, but I do not recollect their names—I did not take notice how many were round me—I did not cry out for the police when I saw the man stabbed; I was lifting him up—they both clasped one another; I could not get them away—Batchelor was hitting the prisoner
while he was down, and I saw the shine of a knife in the prisoner's hand—I am quite certain Liz. is Batchelor's wife—she is not here; I do not know if she is in prison—the prisoner is a hawker, not a shoemaker—I do not know him well—I never heard that he had made attempts upon his own life.
WILLIAM MC'HUGH . I am a cab-driver. I was at the Bull's Head on this night—I went with the prosecutor at 12 o'clock, or a little before, to have something to drink—at half-past 12 o'clock, the prisoner came to where me and the prosecutor and his wife were standing—Taylor looked hard at Batchelor when he came in, and Batchelor said "What are you staring at?" they then began to quarrel, and call one another all sorts of obscene language—Isaid "Do not let us have any noise inside here—you had better drop this altogether"—the prisoner said "You shall not have her," pointing to the woman; and Batchelor said that he would see him d—before he should have her—Batchelor was then in the act of taking his jacket off to fight, and I stopped him, and told him to put it on again—the landlord came and ordered the prisoner ont of the house, and he went—about ten minutes afterwards Batchelor went out and I directly after him; the woman was with him—the prisoner was waiting outside by the trough—I do not know who spoke first, but they began quarrelling, and Batchelor asked me to hold his jacket—I did so, and then he struck the prisoner, who returned it, and they closed and fell to the ground together, Batchelor at the top; he caught hold of him, as anybody else would, to throw him—I saw nothing of the knife, but I saw them both punching one another—a policeman came and took Batchelor off the prisoner, and then I saw blood, but did not know who it was from—the prisoner walked away about forty yards—he had nothing in his hand—he did not come back—the policeman had got Batchelor, and the woman caught hold of the prisoner and held him till the constable came up.
Cross-examined. Q. How long were they on the ground? A. Three or four minutes—there were two other men about ten yards from them—I heard Batchelor say that he would knock the prisoner's eye out, both in the house and outside—the prisoner was fairly thrown down by Batchelor.
MR. LILLEY. Q. Was it a fair fight? A. Yes.
GEORGE BATCHELOR . I am a horse keeper, of Milk Street, Cold Harbour Lane, Camberwell. On 1st Jan., at 12 o'clock at night, I was going home; I had half a pint of beer at the bar of the Bull's Head—I saw the prisoner there; he was looking very hard at me, and I said, "I suppose you want a bit of a row with me"—we were not the best of friends—he then went out, and about five minutes afterwards I followed him, and pulled my jacket off and struck him; we had a round, and both fell; I was uppermost—abouttwo minutes afterwards the police came up and took hold of me, and I found myself all blood—I did not know that I was stabbed; I felt nothing—Iwas taken to the police station, and examined by the surgeon's assistant—thewoman is not my wife.
Cross-examined. Q. Were you in the Bull's Head when the prisoner came in? A. Yes; Kirk and M'Hugh were also there—I had my jacket half off, and the landlord told the prisoner to go out; he said, "You had better go out and settle it;" I believe he told us both to go out—I did not knock the prisoner down, outside; I threw him down—we were on the ground three or four minutes—I was not pummelling him; he was punching me—Ibelieve Liz is in prison; she has been living with me six years—I had not had any row with the prisoner about her before.
I hastened to the spot, and found Batchelor and the prisoner struggling together on the ground, the prosecutor uppermost; both their arms were going as though they were pummelling each other—I picked the prosecutor up; his neck was covered with blood, and so was the pavement—there was so much blood that I thought he would fall—the prisoner walked away, and the woman Liz laid hold of him, and held him till I took him—I took the prisoner and the prosecutor to the station; a surgeon was sent for, and while he was dressing the wound I went back, and, within ten yards of the spot, found this shoemaker's trimming knife (produced) with wet blood all the way up the blade—it was in the direction in which the prisoner went when he was stopped by the woman—I took it to the station; the sergeant asked the prisoner whether it belonged to him, and he said, "No"—I asked him whether he stabbed the man, and he denied it.
Cross-examined. Q. How many people were standing there? A. Eight or ten.
HENRY GEORGE RALFE . I am assistant to Mr. Flowers, a surgeon, of Camberwell Green. On 2d Jan., about a quarter to 1 o'clock in the morning, I was called to the police station, and found Batchelor bleeding profusely from five wounds, two in the back of the neck, one of which penetrated to the bone, one on the right ear, and two on the right cheek, one of which was about half an inch deep, cutting through the cheek—they were clean cut wounds, such as this knife would inflict—if he had not been of a good constitution, and in good health at the time, erysipelas might have come on, and terminated fatally—I have attended him ever since, and shall have to do so, probably, a fortnight longer.
Confined Six Months.
MR. CLERK conducted the Prosecution.
JAMES WILLIAM CROUCH (Policeman, R 118). On 7th Jan., I was on duty, in plain clothes, in the Lewisham Road, about 5 o'clock in the afternoon, in company with Brown—I saw the prisoners walking together towards London; I followed them as far as New Cross, where there is a baker's shop, kept by Mr. Burgess—M'Carthy went in there, and Murray stood opposite the shop—M'Carthy came out, and I then went in; there was a little girl serving, and, in consequence of what I said, she took this shilling out of the till and gave it to me—when M'Carthy came out, Murray crossed over to him, and they went on together towards London—when they were about sixty yards from the shop, they were in conversation, and I saw something pass from Murray to M'Carthy; they then crossed the road, and Murray went again towards Burgess's shop—I followed her; she went to the door of the shop, and I saw Mr. Burgess, the master of the shop, in the shop—Murray remained outside walking up and down, about five minutes—she then went as if she were going into the shop—she turned back from it again; I caught her, and found in her right hand this shilling, and in her left hand this half crown; they are both bad—I took her to the station—I had before told Brown to take M'Carthy.
Murray. This man gave them to me.
came to the shop and bought a penny loaf; he gave me a shilling; I gave him 11d. change—I put the shilling in the till; there was no other shilling there, only two sixpences, and a 4d. piece—after M'Carthy left the shop, the officer came in immediately—I had not taken any other shilling—the officer spoke to me, I took out that shilling and gave it to him, and he bit it.
M'Carthy. I did not know it was bad, I picked it up in the road.
WILLIAM BROWN (Policeman). I was with Crouch—I apprehended M'Carthy by Crouch's direction, and said, "How came you to pass a bad shilling in the shop of Mr. Burgess?" he said, "I did not know it was bad"—Isaid, "Have you any more?" he said nothing; I searched him, and found on him a shilling and a half crown, wrapped up separately in two pieces of tissue paper—he had a good sixpence and 5d. in copper; I took him to the station—Murray was there; I asked M'Carthy where he got the money, and he said, "This woman gave it me"—Murray was close by, she must have heard it; she said nothing—M'Carthy said, as he went along to the station, that he had picked them up.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This shilling, uttered by M'Carthy, is bad; this shilling and this half crown, taken from Murray's hands, are also bad; the shilling and half crown taken from M'Carthy's pocket are bad, and the shilling taken from Murray's hand is from the same mould as the one taken from M'Carthy's pocket.
M'Carthy's Defence. I was walking up the road, this woman asked me the way to New Cross; I directed her; I picked up the paper with two half crowns and three shillings, and divided it with her.
M'Carthy received a good character.
M'CARTHY— GUILTY .
MURRAY— GUILTY .
Confined Nine Months.
Before Mr. Recorder.
MR. SHARPE conducted the Prosecution.
JOSEPH MONTIGNY (Through an interpreter). I live in Brussels, and am a gunmaker. Previous to Sept., 1857, I did not know any thing of the prisoner—I never saw him at all—in September I received the letter, marked A, from Tonbridge Place, New Road, London—(A translation of letter A was read; it was addressed to the witness, requesting to be informed of the prices of Belgian hunting guns. Signed T. Thompson)—In consequence of this letter, I wrote to the address—I started for London on 7th Oct., and returned on the 20th—this second letter arrived while I was in London; my wife sent the goods—(Letter B read): "London, 14th Oct., 1857. Sir,—Having consulted our correspondent of Liverpool, we have the honour to inform you, that we should wish you to send us, as samples of your manufactory, two hunting guns, one of 180 francs, the other of 150 francs. We should like to receive these two guns by the steamer, which leaves Antwerp for London on the 18th of this month. We leave to you to put your name upon these samples or not. Please to take particular notice of the fact, that our orders will be of a considerable amount, if these articles answer our expectations, and offer real advantages. T. Thompson, Davis, and Co. To Mr. T. Montigny, Brussels")—On returning to Brussels, this letter was given to me by my wife, and I wrote to the address, Tonbridge Place, New Road—I afterwards received letter C—(Read: "London, 26th Oct., 1857. Sir,—We have the honour of informing you that we have
received the two guns which you have sent us through the medium of Mr. T. Wilson, Custom House agent of this town. In order to settle with you the amount of your invoice of the 17th instant, we will let you have our bill for the 15th November next, upon Messrs. Cassel and Co., bankers at Brussels, who are the correspondents of the house Samuel and Montague, bankers at London. Signed, T. Thompson, Davis and Co. To Mr. Montigny, Brussels")—I afterwards received this other letter, marked D—(Read:"29th Oct., 1857. 8, Huntley Street, Tottenham Court. Sir,—We received this morning an answer from Mr. Paterson, of Liverpool, who informs us that he is very much satisfied with your samples, and that if you continue to furnish us in the same satisfactory way, you may rest assured of our future orders. The gun of 180 francs is perfect in all particulars, but that of 125 francs is still more convenient for us, because we find it very profitable. Only one observation for our future orders, this is, that it would be preferable if the cap could be placed when the hammer is at the stop. These guns, as we told you before, will be used for exportation; and, therefore, it will be necessary that they are as showy as possible. And, as these samples are about to be sent to different places in the United States, have the kindness to send us, by the Dolphin, which leaves Antwerp on 1st Nov., three guns of 125 francs each, of the same kind as that which which we have received. We beg you to send them, with urgency, at that date, as the vessel which is to take away these guns sails on 5th Nov. next from Liverpool for Boston. We also beg you to address these samples direct to our office, so as to avoid the costs of custom house agent. To cover the amount of your two invoices, we will send you, at the receipt of this order, our acceptance upon Brussels, just as we have told you in our former letter. Signed, T. Thompson, Davis, and Co. To Mr. Montigney, Bruxelles.")—Inconsequence of this letter I sent three guns by the steamer which left Antwerp on 1st Nov., dircted to T. Thompson, Davis, and Co., No. 8, Huntley Street, Tottenham Court Road—I received this letter E—(Read: "London,3d Nov., 1857. Sir,—We received, in due time your letter of the 1st instant, by which you send us the three guns we had ordered of you. Unfortunately, the two guns of 115 francs each cannot suit us, as we find a great difference with the one of 125 francs, which we received in the first sending. What we want is, three guns of the same price, manufactory, and quality. And as you mentioned in your letter that you have some of them, but not finished, you would oblige us greatly by furnishing two of these arms for the 10th instant, the latest, because we were not able to send the others we received from you before to our correspondent at Liverpool, for the reason and excuse that they were not similar to them of 125 francs. It is quite true, Sir, what you say, that we ought to give you more time; but it is absolutely necessary that these samples should be, on the 14th instant, at Liverpool, to to be shipped on the 15th for America. We hope, Sir, that you will not fail to send us these guns for the 10th instant, as this is a matter of importance as regards the two guns. Signed, T. Thompson, Davis, and Co. Mr. Montigny, Bruxelles. Please to add, if agreeable to you, your invoice of 365 francs to this one.")—I did not send two guns in consequence of this letter—thewords, T. Thompson, Davis, and Co., importers of foreign goods, and purveyors to the Queen, were on all the letters—the address of Tonbridge Place is not on the letter of the 14th Oct.—I tore the words, T. Thompson, Davis, and Co. off, and sent them to Mr. Speilman, in London—they could not find the address, and to show them that I was right, I cut them off and sent them.
COURT. Q. Did you put them in the poet yourself? A. No, I sent them.
MR. SHARPE. Q. Have you seen those pieces since? A. No, I did not attach any great importance to them—there are other letters which have the address on them; the 26th and 29th Oct. have the address on them—this one of the 14th has no address on it—In this letter of 29th Oct. here are the words, T. Thompson, Davis, and Co., importer of foreign goods, and the address is No. 8, Huntley Street, Tottenham Court Road—in this letter mention is made of sending the goods to Boston, in America.
Q. What induced you to part with the three guns sent by the steamer on 1st Nov.? A. First, seeing these printed words in the corner, and seeing, from the contents, that these gentlemen were greatly known, and that they were purveyors to Her Majesty, I could not think for a moment that they were swindlers.
COURT. Q. But the words, purveyors to Her Majesty, are not in this letter; would you have parted with the goods if you had not believed that they were purveyors to Her Majesty? A. I would not have sent them, because I and all the Belgians attach great importance to the title.
MR. SHARPE here stated he would proceed on the Counts for Conspiracy.
Q. Did you ever receive any money for any of these goods? A. No; this bill of exchange is my writing; I drew it and gave it to some one to be sent to London.
EUGENIE COUTURIER . I live at No. 24, Queen Street, Golden Square—I have known the prisoner seven or eight months in Belgium, and seven or eight months in London—he sent for me seven or eight months ago; when he sent for me I went to him—I came over here with his wife—I received a letter from Brussels from his wife—she was living with him when I came to London—Idid not live with them on my arrival, but two or three months afterwards—theprisoner introduced me to Victor Lormier about four months ago—after I had been introduced to him I lived with him—I knew the prisoner at the time he was living at Mrs. Evans', in William Street, Hampstead Road, because we were all there—I could not say when I went to live there—I remained living at Mrs. Evans' about two months before I went to Mr. Hemmet's—when I went to Mrs. Evans', Lormier went with me—I did not hear the prisoner say to Mrs. Evan's who I was, or whether I was any relation—I do not know what he said to the landlady—I saw guns at Mrs. Evans'; they were as much in the possession of one as the other—I heard that they would write for some guns, but I was not much at home—I heard the prisoner say he would write to Mr. Montigny for some guns—I did not hear what would be done with the guns till they were received—I then heard them say they would sell them or pledge them—while we were living at Mrs. Evans' we had each our own apartments—we took our meals all together—after leaving, there we went to Mr. Hemmett's, in Stamford Street—I think we remained there a fortnight—I did not see the guns there—after leaving there, we went to Mrs. Ward's—we remained there four or five weeks—the prisoner was taken into custody while we were living there—four of these letters are the prisoner's writing—I have seen Lormier's writing—I cannot say whose writing the signatures to these letters are—they are disguised.
Cross-examined by MR. POLAND. Q. Do you mean to say that you were sent for from Brussels by the prisoner? A. I do—I came over with his wife—Idon't know the place where I went to live when I first came to London—Ibecame acquainted with Victor Lormier about four months after I had been in London—I first lived with him in Norton Street—I never had any money;
I gave it all to the prisoner; he was always the master—when I was living in Norton Street the prisoner was living in William Street—I was living with Victor Lormier, as his mistress, for two or three days, in Norton Street, and from thence we went to William Street—I was not living with him, at No. 3, Oakley Crescent, nor in that neighbourhood—I lived with the prisoner's wife somewhere about the city—I was only three or four months with Lormier—Ihave lived with him altogether about four months—I lived with him, at the utmost, a week before I went to the house where the prisoner was lodging, in William Street—when I first came to London I found the prisoner was living in apartments with Lormier, and I lived in apartments with the prisoner's wife—I and his wife took apartments in Oakley Crescent—when I went to No. 5, William Street, the prisoner was living there with Lormier—I lived in William Street, in the back room on the second floor; the prisoner and his wife had the front room on the same floor—I saw four or five guns at that house—I cannot say by whom these letters are signed—I gave this man in custody for stealing my band box—I gave information about this matter, and got him taken into custody about these guns; that was after I lost sight of Lormier—I know Lormier went by the name of Davis, and I went by that name—the prisoner went under the name of Robins.
MR. SHARPE. Q. Did you hear any thing said with respect to a place of business which they had in Huntley Street? A. I heard something said about an office by both of them; I don't know where by name; I could find the house—at the time Lormier was living at Mr. Evans, in William Street, he always passed by the name of Victor, not Lormier—I always heard him called Victor—I heard him addressed by the name of Victor, and the prisoner by the name of Robins—when we went to Mr. Hemmett's, in Stamford Street, they gave themselves the name of Brown; William Brown was one name; they both passed by the name of Brown, as brothers—when we went to the Belvedere Road they passed by the name of Brown there—when I gave the prisoner in charge it was a true charge.
MR. POLAND. Q. Was not Victor Lormier his Christian name? A. I don't know.
COURT. Q. Did you ever hear him called Victor Lormier? A. No; I only heard Victor.
SOPHIE LE ROY (Through an interpreter). I am the wife of Edward Gustave Le Roy, a tobacconist, of No. 399, Oxford Street. I have known the prisoner since his childhood—I lived two doors from him in Brussels—I have received letters from him, and know his writing—these first four letters, A, B, C, and D, are his writing—the writing of the signatures is changed—hewas in the habit of making a dash like this—I could not say whether they are his writing, it is too serious a question for me to satisfy.
JANE EVANS . I am the wife of John Evans, and live at No. 5, William Street, Hampstead Road. The prisoner came to my house about the middle of August, 1857, with a woman, representing his wife—about a month after he had been there, Couturier came there with a man—the prisoner called himself Mr. Robins—I did not know the other man's name; I called him his brother—the prisoner always spoke of Couturier as his sister, and he called the other man his brother in-law—they came to my house about the middle of Aug., and all four left in the middle of the night, about the middle of Nov.—they all seemed very agreeable, and had their meals together—on one occasion the prisoner called me up stairs to speak to him—Iwent into Victor's room; the prisoner and Victor were there; I spoke to Victor—to the best of my memory Victor said he had some guns, and he
showed me a paper from the Custom House, and he wanted money to get them out—he wanted me to lend him 1l. to get them out, and he would pay me all the money that both of them owed me—I said, "No, I would not"—a few days after that conversation the prisoner brought one gun—I never saw but that one—I did not see any letters written to those persons in the house—I don't know what circumstances they were in; they appeared to live well—theredid not seem to be any business carried on—when they first came they went out about 8 o'clock in the morning, and returned at night—the prisoner said he was a sculptor, and went to do some work at the Houses of Parliament—Ialways used to make out my bills to Mr. Robins—the writing on this slip of paper is Victor's hand-writing; I saw him write it.
Cross-examined. Q. Did they lodge with you till the middle of November? A. Yes—I never saw but one gun—I speak positively as to who made use of this conversation about the Custom House; it was Victor, I am quite sure.
JAMES HEMMETT . I live at No. 63, Upper Stamford Street. In Nov. last the prisoner, and another man, and two women came to lodge at my house—they remained a fortnight—the prisoner, Brown, and two females took the apartments—when the rent came due, I went and spoke to the prisoner, and he said Mr. Brown was not in—I spoke to the other man, and he gave me five duplicates as security for the money he owed me—Mr. Riches, the auctioneer, has got them to sell for the rent—in consequence of receiving those duplicates, I went to some places where they were pawned, to Mr. Attenborough or Mr. Dobson, first in Charlotte Street, Fitzroy Square; I found a gun there, and a transfer was made of it into my name—I went to Mr. Dobsom, and found a gun there, which was changed from the name of Victor to my name—I went to Mr. Harding, a pawnbroker, in Holborn, and found three guns there, and turned over the duplicate into my name.
MARY TAYLOR BABNETT . I am the wife of George Thomas Barnett, and live at No. 8, Huntley Street, Tottenham Court Road. At the latter end of Oct. a person came to my house for the purpose of hiring my front parlour—hesaid he wanted it for two gentlemen, to write in for two hours in a morning—hewas not the prisoner, he was a foreigner—he gave a reference to No. 5, William Street, Hampetead Road, but he did not like my going there—I went there, and saw not the lady, but the servant—the prisoner, I believe it was, and the other gentleman came up at the time—I believe it was the prisoner, but I am not certain—the other man I could be certain to—he was about the same height as the prisoner.
Cross-examined. Q. You do not swear to the prisoner? A. No; but I could to the other man—it was the other man who was at my house.
WILLIAM WRIGHT HARDING . I am a pawnbroker, at No. 207, High Holborn. I have three guns, pawned on 4th, 5th, and 6th Nov. last—I was not there when the gun was pawned on the 4th Nov.—no one is here from my house to say who pawned it—this one, pawned on 5th Nov., was pawned with me personally—it was not by the prisoner—I saw the man again on the day following, he pawned another gun, not with me, but I was present; he was a foreigner—I never saw him after Nov. 6th—I remember, independent of our books, that they were pawned in the name of Victor.
THE COURT considered that there was not sufficient evidence of complicity.
NOT GUILTY .
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
EDWARD POLHILL . I am clerk in the house of Shorter and Co. I purchased goods, from time to time, of Charles Kent, on 22d Aug., on 12th Sept., and on 26th Sept.—I paid him these three cheques—I produce the invoices on which these cheques were given—they are "Shorter and Co., bought of Richard Bache"—the cheques were all payable to Richard Bache.
Cross-examined by MR. ROBINSON. Q. Have you frequently seen Mr. Prince? A. No; I have seen him twice—about two or three months ago—thename over the door at the prisoner's place is Richard Bache—I cannot swear whether it is Agent or Sole Consignee—this is one of his cards, "R. Bache, Sole Consignee to Perks and Co."—I believe it is the same over the door—I was never in the habit of transmitting these invoices down to Perks and Co.—I never remember sending one down.
WILLIAM PRINCE . I am a partner in the house of John Perks and Co. These accounts are transmitted from the prisoner to me for my examination—thisis the account for Aug.; he has not accounted to me in this for Aug. or Sept. for 32l. 11s. 3d. received on 22d Aug., there is no such entry—there is no entry of the transaction of sale—he has not accounted for 19l. 17s. 2d. received on 12th Sept.—I have no account whatever of the transaction—he has not accounted for 37l. 11s. 2d., received on 26th Sept.,—here is an entry under the name of Shorter and Co., amounting to 15l., which is in the writing of the clerk—this is one of the books with which the prisoner was provided by me to keep the accounts.
Cross-examined. Q. Have you been up to the prisoner's place at Waterloo Bridge? A. Yes; perhaps three times—probably three or four months after the appointment of the prisoner—on his house was a large board on which there was "Richard Bache, Sole Consignee"—but not on the store—his house is in Southampton place, near the store—I have seen these invoices, probably about six months after the appointment of the prisoner.
Q. Did you ever say one word to the prisoner about them? A. Yes, some time in the summer he was down and produced one of these, and my partner spoke to him on the subject—on my oath the prisoner was present when my partner made a remark on the incorrectness of it.
Q. Had you found out that there had been some deficiencies in Nov.? A. It must have been quite the end of Nov. or the beginning of Dec.—I will swear it was not the beginning of Nov.—when my partner spoke to the prisoner about these bills, we were all three together—it must have been alluded to by Mr. Perks, but I cannot charge my memory whether any directions were given to the prisoner. I saw the board at his place four or five months afterwards—I did not make any remonstrance about it—this is my letter to the prisoner on 3d Nov.: "We have forwarded a parcel of invoices which we request you to use."—I should say it was not the first direction we gave the prisoner that he was not to use the other bill heads—I must have told him it was wrong—I will not swear that I had—we got those papers printed in the country that we sent up on 3d Nov.—we never sent any before—I have no recollection of seeing one of the prisoner's circulars—I know it was early in Dec. that we heard of some defalcation—I should say I was early as the 1st of Dec, this letter of the 24th of Dec. is my writing—
This letter contained the following words: "We hoped, before now, you had succeeded in meeting with a friend to advance you some money," you referred to a bill of sale that referred to the defalcations—we had a strong suspicion that there were heavy defalcations—we knew of several cases—the bill of sale was to be given by him, and the money which he was to succeed in borrowing was to make up the defalcations.
THE RECORDER consulted the Judges, and stated that they were of opinion that the prisoner was neither a clerk or servant. NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ROBERT GIBBONS . I am foreman at Winchester Wharf, Bankside. On 8th Jan., between 11 and 12 o'clock at night, I left two friends in High Street, Borough, and turned up Chapel Place—there is a narrow passage that you have to go through, and just about the end of the passage I was knocked down by two men, both of them knelt upon me—one put his hand over my mouth to prevent my calling out, while the other cut the right hand pocket of my trousers and took out 6s. 7d., a knife and a comb—I called out as soon as I could—they left me on the ground—a policeman came shortly afterwards and picked me up—I felt in my pocket, and my money and knife and comb were gone—I went to the police station about half-past 1 o'clock, and saw the two prisoners there, but I could not swear to them—I saw my knife and comb—I had a cap on my head which I lost—the policeman had it at the station.
Cross-examined by MR. LILLEY. Q. You say it was between 11 and 12 o'clock, when you were in this narrow passage; was it not earlier? A. No; it was between 11 and 12 o'clock—none of the houses were shut up—it is a dark passage.
ELIZABETH THORNE . I am the wife of John Thome of Chapel Court—on 8th Jan., about 12 o'clock at night, I was in my own house—I heard the screams of a woman about a quarter before 1 o'clock—I went out to see what it was, and a woman went out of the passage followed by the two prisoners, and another man who had a stick in his hand—I heard one of the men say "There is an old bloke"—the woman screamed and called murder and police, and the men called her very abusive names—the prisoners and she were together, and she called police and murder and said "Ma'am they will rob you; they are thieves and robbers"—I went in my house, and I heard a man call "police"—I went to the door and the three men were coming up the passage towards me—I heard one of them say distinctly, "I have got the browns"—they came under the gas light, and Saunders had some silver and copper in his hand—I called out "Thieves and robbers" and they ran down to the public house and went in at the side door of the Blue Eyed Maid, kept by Walker—I went into my house, and in five minutes I came out and saw the policeman—the men had all three caps on, the first time—the last time, I did not observe—I saw the constable search about and pick up a cap and a comb—I went in again—the three men went into the public house—I saw the two prisoners at the station about 2 o'clock.
Cross-examined. Q. Do you know the female who was screaming?—A. I do not—I do not know that I had seen either of the three men before that night—I can undertake to swear to Saunders—it is a very narrow passage leading into Chapel Court—I was standing at the door waiting for my husband—he was out to supper that night at a shop meeting—the passage is three or four yards from my door—I don't think it is five or six yards—supposing
you are coming up the passage my house stands at the corner—thereis not a projection—Walker's public house is at the end of the court—Ican't say how far off—it may be twenty yards—it was about a quarter before 1 o'clock—the other man, who was not taken, was a tall man with a long stick—my husband is a meter maker—he has been in his situation about a year and a half.
Saunders. Q. What do you know of me?—A. I saw you and two others go up the court—you were the middle man—you went through the passage—itis an archway—two persons can go up at a time—I did not see this happen—I saw you come back—I don't know who said they had some browns—it was said in the passage—I was standing just outside the passage between my door and the lamp—I was not in the upper street—I saw two men in the court—I saw three come back—one had a stick about six feet long—I could see the coppers and silver in your hand—I saw your face—I don't know what you had on your head—I looked at your hand and noticed your face—I saw your dress and your face clearly.
COURT. Q. You say you can swear to Saunders?—A. Yes, and I believe the other prisoner was one, but I could not swear to him.
JOHN LEWARE (Policeman, M 211). I saw the prosecutor in Mermaid Court, and I saw the last witness—about half-past 12 o'clock, in consequence of what the last witness said, I went down Mermaid Court, into High Street—Isaw the two prisoners coming out of the Blue Eyed Maid—they came out at the front door, and, as soon as they saw me, they ran away towards the Mint—I ran after them and took them into custody in a brothel in Vine Yard in the Mint—they were in one room together—I took them about 1 o'clock—Saundershad no cap on when he ran out of the public house—I found in the passage a comb, a knife, a sixpence, and Saunders' cap at the place where the prosecutor was robbed, and there was another cap which the prosecutor owned—the prisoners were searched at the station, and there was 1l. 15s. 7d. found on Saunders, and a medal, and a knife, and a key—his wife had half a sovereign—I have the rest here; 1l. 5s. 7d., the key, the knife, and the medal—I found the prosecutor in Mermaid Court, twenty or thirty yards from the back door of the public house.
Cross-examined. Q. When was your attention called to this? A. About half-past 12 o'clock I saw the prosecutor sitting in the court—I came down Mermaid Court with the prosecutor—I left the prosecutor to follow the prisoner—itwas a cold frosty night; it was freezing I am positive.
MR. PAYNE. Q. How soon after you saw the prosecutor did you see the prisoner come out of the public house? A. About five minutes.
Saunders. Q. When you saw me, where was I? A. You came out of Walker's, the Blue Eyed Maid—you ran away with Tealing—you looked round, saw me, and ran away—I should say I took you in seven or eight minutes from the time I saw you—I asked you where your cap was, and you said it was in your pocket; but there was no cap there—I did not notice whether you had a handkerchief on—I had a cap in my hand—I took it to the station—I asked you whether this was your cap, and you said "No"—when I took you, your jacket was taken off and laid on the bed—Idid not search you—you took this money out of your pocket yourself—this knife and comb were found on the ground where the man was lying.
Saunders. After you had searched me once, you put your hand in my pocket, and pulled it out with the knife and comb in your hand. Witness. No, I did not.
TEALING— GUILTY .— Confined Twelve Months.
SAUNDERS— GUILTY .—He was further charged with having been before convicted.
EDWARD HUNT (Police sergeant, M 34). I produce a certificate of the prisoner's former conviction.—(Read: "Newington Sessions, March, 1855; John Saunders, Convicted of stealing a box and some ribbons; Confined Three Months"). I was present—Saunders is the person.
GUILTY.*— Four Years Penal Servitude.
279. EDWARD BURGESS (20), JOSEPH TUGWELL (19), JOSEPH SMITH (22), and JANE HILLIER (19), were indicted for burglariously breaking and entering the dwelling-house of Margaret Langston, on 18th Jan., at Lambeth, and stealing therein 1 gown, 5 sheets, and other goods, value 4l. 10s., and 5s. in money; her property.—Second COUNT, feloniously receiving the same: and MARY ADAMS (24), and MARY ANN CANE , for feloniously receiving the same, knowing them to have been stolen. BURGESS and TUGWELL PLEADED GUILTYto the Burglary, and HILLIER PLEADED GUILTYto the Receiving.
MR. LILLEY conducted the Prosecution.
MARGARET LANGSTON . I am a widow, and live at No. 143, Lambeth Walk, in the parish of Lambeth. On Monday, 18th Jan., I went to bed about 12 o'clock, leaving the house quite safe—I saw that the back part of the house was secure—I came down about 7 o'clock in the morning—I first proceeded to the parlour adjoining the shop—I there saw all my drawers open and quite empty—I found the back door open, which I had left barred the previous night—it was off its hinges—a court runs up by the side of my house, and there is a door leading into it from the yard—that door was wide open—I found a pane of glass broken in the back parlour window, and the fastening undone, and the window thrown up, but they could not gain an entrance there in consequence of a bar that goes across the shutters, so they had evidently gone then to the back door—I missed a black satin gown, five sheets, four pillow cases, one pair of leggings, two pairs of drawers, five chemises, one porte monnaie, six yards of print, one scarf, two pairs of gauntlets, one work-box, a thimble, a silver coin, and two half crowns and 1s.—the value of what I lost is about 5l., besides the money—some of the property that I missed was afterwards shown to me by the police—I know the prisoner Smith—I have known him about the neighbourhood for years, as a loiterer and an associate of bad characters—I have seen him loitering in the neighbourhood of Lambeth Walk—(looking at some articles) these are my property—there is a mark on this chemise, by which I know it—this scarf is mine, and this pair of gauntlets—this is all that has been found.
EDWARD YOUNG (Police inspector). I received information that the prosecutrix's house had been broken into about half-past 7 o'clock on the morning of the 19 th—I went to the premises and found them broken in the manner she has described—I saw that an attempt had been made to enter the house by breaking the window; and the person who did it had evidently cut his right hand, because, on examining the back door, which was broken, I found a stain of blood at the right hand top corner, just in the brickwork—about 8 o'clock in the evening, Hillier and Burgess were brought to the station, and on the little finger of Burgess' right hand I found a cut, and alto on the side of his Hand, on the outside; it was much jagged, as if cut by glass in several places—I afterwards went to a coffee shop in Lambeth Walk, and there found Smith—I asked him if he had seen Hillier or Burgess on the night previous—he said he had been in the coffee shop and seen them, but he had had nothing whatever to do with them—I asked if he had been in their
company; he said he had not—I have produced these articles; I received them from the female searcher.
HENRY WALLER . I am a coke dealer, and live at No. 6, Pave Court, Lambeth; that court runs by the side of Mrs. Langston's house. On Tuesday morning, 19th Jan., between 1 and 2 o'clock, I went into Barne's coffee house—I saw Burgess, Tugwell, and Hillier there—I also saw Smith there, but not in their company when I left—when I first saw the other three they were in the court—I met them, and they went into the coffee shop—they had nothing with them at that time—they went out, and came in again in about ten minutes with a bundle—Mrs. Langston's is only about twenty-five or twenty-six yards from the coffee shop—Hillier carried the bundle as far as the door, and then Tugwell took it away from her, and took it in—I remained there about a quarter of an hour—Smith went out before me—I did not see him come in again—the bundle I saw was tied up in a handkerchief—Isaw it when it was all loose; it contained a black gown and white linen—Smith was in a separate box from the others, opposite—he was there when they first went in—he went out just before them—he was not there when they came in the second time, I did not see him.
ROBERT CUBITT . I live at No. 1, Charles Street, Oakley Street; I work at chair hawking for Mr. Yare. About half past 1 o'clock on Tuesday morning,19th Jan., I was at Barnes'coffee shop, Lambeth Walk—I saw Burgess, Tugwell, and a woman there; I saw them come in, one of them had a bundle—Smithwas in there, in the opposite box, when they came in—I had been there from 10 o'clock; I was only sitting there—I saw Tugwell go over to Smith at his box, and Burgess also, they both went over to him—they were by him for about five minutes—after they came back from him they opened the bundle—I did not see what was in it—at the time it was opened, Polly Cane and Adams were also there; I had seen them before, I have known Adams about Lambeth for the last four years—when the bundle was opened, Hillier, Cane, and Adams, put portions of it under their shawls, and went out—after a little time they all three came back, and sat down in the same box, and then they went out again—they did not take any refreshment.
Cross-examined by MR. BROOKE (for Cane). Q. What were you doing at this coffee shop from 10 o'clock, till 1 or 2 o'clock? A. Nothing, only sitting there; a good many people came in while I was there—I have been in prison for stealing a cap; I was never in trouble before that or since—I was once convicted along with a ticket of leave man; I did not get three or four months—the ticket of leave man was not tried with me for stealing the cap—Iwas never found in a shop at the corner of Jonathan Street, Vauxhall Road—thekeeper of the coffee shop was in the room at the time prisoners came in, he was in the place where he makes his coffee—I was in the first box as you go in at the door, that was opposite where the prisoners were; I could not hear any thing they said—I did not see what they took out of the bundle; I saw there were some things taken out, but I could not see what they were—Icould not see what colour they were, because they were in front of me; it was on 4th July that I was in trouble; I had one month—I was in trouble on another occasion, that is very near two years ago; it was for being found in a stable in a railway arch; I had six weeks for that—I have no ill will against these women.
Cane. Q. Do you know the last witness, Waller? A. I know him by working about the Walk—I saw him at the coffee house this night; I did not see Smith go out at all—I should have seen, if he had gone out, because I was near the door—Waller left before me.
Adams. I never was in the coffee house at all—I have known him to be fetched out of bed, charged with stealing clothes. Witness. I am sure she is the person—I never was taken out of my bed for stealing clothes.
LEWIS ROGERS (Policeman, L 187). About a quarter past 1 o'clock, on the morning of 19th Jan., I was on duty in the neighbourhood of Barnes' coffee house, in Lambeth Walk, and met Smith, and Hillier having hold of his arm, going towards the coffee shop—I had known Smith these four years—Iknow Burgess and Hillier—I have seen Burgess, Smith, and Hillier together on several different occasions.
AMELIA OAKS . I am the wife of William Oaks, a policeman—I searched Hillier, on 19th Jan., at Kennington station; I found on her 3s. 1d. in money, a duplicate, and this chemise, and a scarf and pair of gauntlets or mittens—shewas wearing the chemise, the scarf was round her neck, and the mittens on her arms.
STEPHEN BAINES (Policeman, L 122). About half past 1 o'clock, on the morning of 19th Jan., I was on duty in Lambeth Walk, and saw Smith and Hillier in company walking in the direction of Mrs. Langton's—I have seen them together several times.
WILLIAM GRAY (Policeman, L 34). I was at the station when Burgess, Smith, and Hillier were locked up—they were in three different cells—they must speak loud to make each other hear—I heard Smith call out, "Burgess, Burgess"—nobody answered—he called "Burgess" again—Burgess said, "Yes"—Smith said, "Chumpy is here"—Burgess said he did not believe it—Smithsaid, "So help me God, it is right"—then Burgess asked Smith what would be the best way to get out of the trouble—Smith said he did not know; then they had a few words which I do not exactly recollect—Burgess said to Smith, "What are you here for?"—Smith said, "Oh, you know, that job last night"—Hillier did not speak just at that time, she did afterwards; she spoke to Burgess about getting out of it—Burgess, she, and Smith had a consultation what would be the best thing to do—Burgess said he thought the best way would be for him and Hillier to plead guilty, and they agreed to do so—Smith said it would be the best way; but Burgess said they should do it on condition that Smith, if he got out, should murder the man that gave the information against them—Smith said he would do so, on that night, if he got out—Hillier said that she would stick to it that Smith knew nothing about it, and Burgess said he would do the same, provided Smith complied with their wishes, that was, to murder the man—Hillier said, "Don't brown to it that I put the things away"—I suppose that means do not tell of it.
Cross-examined by MR. BROOKE. Q. This case has been twice before the Magistrate? A. Yes, first on 21st Jan., and on Wednesday last.
LEWIS ROGERS re-examined. About a quarter or half-past 1 o'clock, on the morning of 19th Jan., I saw Cane and Adams quarrelling against a public house, at the corner of Vauxhall Walk—I separated them, and Adams went down Lambeth Walk, towards Barnes' coffee shop—that was about five minutes after I had seen Smith and Hillier—Cane went into the public house again, and about a quarter of an hour afterwards she went away towards Lambeth Walk also—she has been admitted to bail.
Smith's Defence (written). On 18th Jan. I was coming from Mr. Laurence's beer shop, Vauxhall Walk, in company with Susan Walker; I came as far as Mr. Barnes', and wished her good night; I went outside and had some
refreshment, and stayed there till 1 o'clock, when Tugwell, and Burgess, and a young woman, came in and called for some tea; they went out, and came in again about 2 o'clock, and called for some more tea, and sat in the same box as I was; Mr. Thorn, the waiter, being very busy, asked me if I would carry down some tea for him; I did so; when Burgess asked me to bring three cups of tea—they had none ready; I went to Burgess, he asked me to get him a candle; I went and got him one; Thorn got them their tea; they went out about 3 o'clock, and did not come in any more; I stopped there till a quarter to 8 o'clock, and then went home to my mother; I went to the coffee house again in the evening, and three policeman came in and took me, and locked me up; when I went in Burgess said, "Who is that?" I said, "It is me," and he said, "I shall plead guilty to get you off, as you have nothing to do with it."
Adams' Defence. I was at home at the time they state, and I have a witness here to prove it.
MARY ANN MILLBANK . I know the prisoner, Adams. On 18th Jan., she sat up along with me—I was at work, artificial flower making, and she had her chair caning to do—she was with me from between 12 and 1 o'clock till 5 o'clock in the morning; she lives in the same house—she did not stay in my room till 5 o'clock; she was chair caning till then—she was two or three hours in my room, I dare say—this was the night before the policeman came and took her.
Cross-examined by MR. LILLEY. Q. How do you know the day of the month? A. I do not; I only know it was the night before the policeman took her.
SMITH— Guilty of Burglary.— Confined Twelve Months.
CANE and ADAMS— NOT GUILTY .
TUGWELL— Confined Twelve Months.
BURGESS— Confined Six Months.
HILLIER— Confined Nine Months.
Before Mr. Justice Williams.
ANN BENNETT . I am the daughter of the prisoner and John Bennett, a fly driver, of No. 3, South Street, Camberwell—the deceased Mary Bennett was my sister—I saw her dead in Camberwell workhouse—about the middle of Dec. my sister was ill with erysipelas, and partly confined to her bed—she used to get up sometimes.
Prisoner. Q. Was of the leg of the table mended at the beginning of the summer?—A. Yes—my sister was well in health in the summer.
WILLIAM PEABODY (Policeman, 344). I took the prisoner into custody at No. 3, South Street, Camberwell, on 2d Jan.—Mr. Smithers, the master of the workhouse, gave her into custody for violently assaulting her daughter by pushing her down stairs—the prisoner said, "I did not do it"—I subsequently went with her to the workhouse—she remained there in my custody till Mr. Norton, the magistrate, came—the deceased then made a statement in her presence before the magistrate, which Mr. Gunn, the clerk, took down in writing—as I was taking the prisoner from the station house to the police court on the Monday—she said to me, "Policeman, you know that if I threw my child down stairs, I did not mean to harm it"—at that time the deceased was at the workhouse—I know the magistrate's signature to this
deposition to be the writing of Mr. Norton. (The deposition of Mary Bennett, the deceased, was here read as follows:—"Mary Bennett, an inmate of Camberwell workhouse, on her oath, saith, as follows:—Abont a fortnight or three weeks ago, I believe it was Monday fortnight, my father and mother were quarrelling—my father wanted to beat her, and I tried to prevent it, and she gave me a push and threw me down stairs—my father hit her on the eye a quarter of an hour before, and set it bleeding—I was suffering then with erysipelas—I hope you will not punish her for she has a young baby—I was lying on the bed, and she turned me out and lay down herself, and I lay on the floor—she was very tipsy at the time—I begged of my father not to come up, but he did; he found me lying on the floor, and hit my mother on the eye—Iwas following after my father, who was going down stairs, and begging of him not to have any more words, and she pushed me down stairs, and I fell on the back of my head on the edge of a stair—it was a violent push—she always spits her spite on me when she has a quarrel with father—immediately after I felt great pain, and I have been no better since—when my mother pushed me, she said, "Go down, you b—h"—I had done nothing to provoke her—I had been ill about a fortnight from the erysipelas—she is like a mad-woman when she gets drunk, and that she does about once a fortnight—she has struck me many a day but never to hurt me like this.
Cross-examined by Mother went over to Dr. Flowers for me—she was tipsy at that time—I did not say, "You lay down, mother"—I did not fall out of bed—she pushed me out—shestood aggravating father—it was not in the struggle between my father and her—my father had left the room—she pushed me down purposely."
JOHN SMITHERS . I am master of the workhouse at Camberwell. I know the prisoner and knew her daughter, Mary Bennett, she was about 17 years old—she was admitted into the workhouse on Monday, 28th Dec.—she remained there under medical treatment till 20th Jan., and then died—on 13th Jan. she made a statement to me—I said to her, "You are very ill; be careful what you say; you are not likely to recover; I think you are dying"—she said, "I think so too"—I am certain that she believed she was dying—she had been told on the 13th by the medical man, in my presence, that he did not think she could possibly recover—that was this same day, just previous to her making the statement—I have not the least doubt that she believed she was dying—she told me that, a fortnight before her mother threw her down stairs, she had hit her over the head with the leg of a table, and she had not been well since; not since the two; the blow and the throwing down stairs—onthe 19th she repeated precisely the same statement to me, and I cautioned her as I had previously done—she continued gradually to get worse, till the night of the 20th, when she died—Mr. King was not present on either of these occasions—his assistant was—the statement was not taken down.
Prisoner. I had but that one leg of the table, and that was mended in the beginning of the summer, my husband can prove that, and the man that mended it.
ANN BENNETT re-examined. I remember a leg of the table that was loose—thatwas in the middle of the summer—the table was mended then, and the leg put all right—there was no leg of a table loose about the house between that time and the time when my sister was taken ill—there was no table that could be lifted up so as to strike a person with it, no such thing.
CHARLES CURWEN KING . I am a surgeon, and am medical officer of Camberwell workhouse. On 29th Dec., I saw the deceased in the sick ward; she was suffering from extreme pain in the head—I treated her for an inflammation of the brain—a few days afterwards, I noticed that her head was drawn
back like a stiff neck—I spoke to her about it, and she made a statement to me—I first spoke to her about her danger on the 15th, not the 13th—it was on the 3d that I asked her if she had had a fall—on the 19th I told her that I thought her life in peril; she said she was aware of it—she appeared to believe so—she told me that her mother had thrown her down stairs; that a quarrel had occurred between her father and mother, and that she was endeavouring to come between them to separate them, and her mother pushed her down stairs, and the back of her head came in contact with the edge of the stairs—she died on 20th Jan.—I made a post mortem examination—on the back part of the head, I found that the scalp was thickened and the structure altered—there was no other external mark of injury—that was the result of external violence—there was considerable congestion of the brain, and there was an abscess at the back—the dura mater itself was healthy—the girl seemed a healthy subject in all other respects—inmy opinion, the effect of the injury she received produced inflammation and suppuration—the inflammation'was brought on by external violence—it was such an inflammation as might be brought on by a fall down stairs.
Prisoner. Q. You know that my daughter was laid up with erysipelas weeks before this happened? A. She told me so—she told me that she never had any headache—in my opinion the abscess was caused by the injury.
The prisoner's statement before the Magistrate was read as follows:—"I was in liquor at the time, but as for pushing her down stairs, my husband and I were fighting, and if I did it, it was done in the fight; as for killing her with the leg of the table, I am innocent of it."
Prisoner. I beg for mercy, for the sake of my family and little children.
GUILTY .—Recommended to mercy by the Jury on account of her family.— Confined One Year.
Before Mr. Baron Bramwell.
MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
GUILTY Recommended to mercy. .— Ten Years Penal Servitude.
ADJOURNED TO MONDAY, 22ND FEBRUARY.