CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
SESSION VII. TO SESSION XII.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of the Peace,
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 10th, 1858, and following Days.
BEFORE the Right Hon. Sir ROBERT WALTER CARDEN , Knt., M.P., Lord Mayor of the City of London; Sir Samuel Martin, Knt., one of the Barons of Her Majesty's Court of Exchequer; and Sir Richard Budden Crowder, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir James Duke, Bart., M.P.; Sir John Musgrove, Bart.; and David Salomons, Esq., Aldermen of the said City: Russell Gurney, Esq., Q.C., Recorder of the said City: William Cubitt, Esq., M.P.; Sir Henry Muggeridge, Knt.; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; Benjamin Samuel Phillips, Esq.; Thomas Gabriel, Esq.; and John Joseph Mechi, Esq., Aldermen of the said City: Thomas Chambers, Esq., Common Serjeant of the said City; and Michael Prendergast, Esq., Q.C., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARDEN, MAYOR, SEVENTH 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, May, 10th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. SALOMONS;
MR. RECORDER; Mr. Ald. PHILLIPS; and Mr. Ald. MECHI.
Before Mr. Recorder and the First Jury.
495. HENRY HUCKLE (24) , Burglariously breaking and entering the dwelling house of Henry Ash Israel, and stealing therein 2 purses, value 2s., 18l. in money, and a 20 dollar piece, his property; and 1 watch and chain, and 1 coat, value 16l., the goods of Louis Ash Israel.
MR. GIFFARD conducted the Prosecution.
LOUIS ASH ISRAEL . I am in the employ of my father, Henry Ash Israel, who lives and carries on business at No. 66, High Street, in the parish of St. Botolph, Aldgate. I locked up the house on 8th March, about 11 o'clock—Iwas the last person up—I was awakened by the police about ten minutes past 3 o'clock in the morning—I got up, and found the street door opened—thetills in the counting house were broken open; the iron safe was opened with a key which had been taken from my pocket—I found it on a stool in the counting house—two drawers in the kitchen were broken open—I missed from my clothes in my bedroom my purse, containing 12l. 10s., and a few coppers from my pocket; I had left the door open when I went to bed—I also missed a gold watch and chain from a drawer in my room, my great coat from a peg behind the parlour door, and several other articles—the prisoner worked for my father some years ago on those premises—when the house was locked up, the key was left at the Turk's Head, for the men to come in in the morning without disturbing the family—when I have seen the key it has been generally behind the bar.
Cross-examined by MR. COOPER. Q. I believe the prisoner has not been in your employ for ten years? A. It is a few years ago; I recollect it, and
I have not been there anything like so long as that—the doors have been altered very little since he was there—there are about four men and one boy in our employment—the key is taken back directly they have opened the door—whoever comes first has it, and that is known to all the establishment.
MR. GIFFARD. Q. Was the system of keeping it at the Turk's Head in existence while he was there? A. I believe it was.
THOMAS WALKER . I have been in Mr. Israel's employment. I now live with my mother—on Monday, 10th March, about 2 o'clock in the afternoon, I was in the Turk's Head public house; there were several people there—Huckleis one of them—he said to the others that he had seen Henry Israel counting some money into his pocket, and that he knew the way he could get into Ash's house—that is what Mr. Israel is called—the other party said, "Ash has got a dog," and Huckle said that it would not hurt any body—Hucklealso said that he had no money, and was going to get a loan of 6l. that night.
Cross-examined. Q. How long did you live with Mr. Israel?—more than a year? A. Yes—I have been out of employment five months—he discharged me; at least we had a bit of a bother, and I said that I would leave—theywanted me to do some work which I would not do—I was not charged with taking something which did not belong to me—I knew of the key being at the Turk's Head; the men used to leave it there every night—the men that he was speaking to on that night were Neal, Smith, and several others; they were not Mr. Israel's men—Neal has been in custody; the other has not—theywere not openly in the tap room, but in a box by themselves—the landlord and the waiter were there—I mentioned the conversation to Smith, a detective, about a week afterwards; he came and put questions to me.
HENRY ASH ISRAEL . I am a son of the prosecutor. On 8th March, I received some money from the boy, at the shop door—I counted it in my hand, and put it into my pocket—I afterwards missed my purse, containing 5l. in money and a 20 dollar piece—we have had a dog about three years—theprisoner has not been employed in that house within that time, but he has been about the premises.
Cross-examined. Q. I believe Neal was in your service? A. Yes, but had been discharged—the dog is sharp—I do not think the prisoner has been employed on the premises since he last left.
NOT GUILTY .
496. HENRY HUCKLE was again indicted, with SUSANNAH ALLEN (26) , for breaking and entering the dwelling house of Joseph Goodwin Gardner, and stealing therein 1 coat, 1 table cloth, and other articles, value 1l. 9s.; his property.
MR. GIFFARD conducted the Prosecution.
WILLIAM WELTON . On Saturday, 13th Feb., I was in the service of Joseph Goodwin Gardner. I went to bed about 10 o'clock that night, having seen the house safe—I was awakened at 7 o'clock next morning, and found
the counting house and drawers broken open; the froat door was shut, but unbolted; it had been bolted the night before—there had been sawdust on the board by the grating, and when I came down in the morning, the board had been lifted up, and the sawdust had fallen off—if a person had done that he could get into the house.
ROBERT CHILVERS . I am assistant to Mr. Fuller, a pawnbroker, of the Commercial Road. I produce a youth's great coat, pawned on the 16th Feb., for 8s., and a tablecloth, on 1st March, for 2s. 6d., both by the female prisoner, in the name of Ann Huckle—it has on it, "J.S. Gardner, 4, 55."
Cross-examined by MR. COOPER. Q. Had you seen her there before? A. Yes—she is a customer—I never knew her by any other name—there was nothing secret about it—I did not know where she lived; she gave her address, No. 4, John Street; but it is not unusual for people to give a wrong address.
WALTER GARDNER . I am the son of the late Joseph Goodwin Gardaer. This great coat is mine—I hung it on the banisters of the first flight of stairs, on the night of 13th Feb., and missed it next day—this "J.S." on this
Cross-examined. Q. Can you say when it was last in the house? A. No; but it was on the table at dinner time—this coat was made for me; I know it by the lining.
(The witness put it on, and it fitted him.)
ELIZABETH WHEELER . I was servant to the late Mr. Gardner. This table cloth was was used for dinner on 13th Feb.—I afterwards folded it up, and put it in a drawer in the kitchen—I missed it on Monday morning, when I was going to put it on for breakfast.
Cross-examined. Q. Are the other cloths washed in the same way? A. Yes—I have not missed any from the wash—I do not know how many there are, but I missed this one.
ELIZA LOVEGROVE . Huckle has been in the habit of visiting me—I know a boy named Thomas Walker—on a Sunday afternoon, some time in Feb., Huckle and Walker called on me; it was a very wet day, and when Huckle went away he said that Walker would come back for the coat—Walker came for it, and I let him have it—Huckle brought it back some short time afterwards, and one day in the same week Walker came for it again.
Cross-examined. Q. Whether those two coats were the same, you cannot say? A. No—Walker put it on the first time—I do not know whether it fitted him.
THOMAS WALKER . I met Huckle on Sunday, in Greenfield Street—he had an over coat on—I walked with him to the last witness's house, and saw her—Iasked Huckle to lend me the coat, and he consented—it was then dinner time, and I was to go in the evening for it—I did so, and got the coat—it was too small for Huckle—I took it back on the Monday, and two or three days afterwards I fetched it, and gave it to Allen, and she took it to Fuller's—Huckletold me to do that—Allen went with us—she walked up Gloucester Street, while I fetched the coat—I waited outside Fuller's, while Allen went in—when she came out she told me that she had got 8s. for the coat—we then went to the Turk's Head; I went in; Huckle came out, and Allen gave him 8s. and the ticket of the coat—a few days afterwards Huckle gave me the ticket, and said that I could get it out.
Cross-examined. Q. You kept the ticket, I suppose? A. Yes—I was not taken up on this charge—I did not mention it to the police, but when they said that the coat was stolen, I gave the ticket up.
Gardner's premises, and found two drawers in the counting house broken open, and a window propped up by a large butcher's knife—I believe Huckle is a butcher—on 18th March, I went to No. 2, Chapman Street, Commercial Road, and found Allen living there—I asked her if she had pawned a table cloth at Fuller's; she said, "I pawned no table cloth;" I said, "I think you have, for a half crown;" she said, "You do not want to bring me into it, I hope; I did pawn it, but they sent me," meaning Huckle; she said that she would not suffer for it; I said, "Then, it is your duty to give every assistance, and it will be properly represented;" she said that she would—I took her to the pawnbroker's, and they said, "That is the woman that pledged the article;" she said, "Yes, I am"—I told her I should take her for being concerned in stealing it—she acknowledged the pledging of the watch as well, by the instructions of Huckle.
ALLEN— NOT GUILTY .
HUCKLE— GUILTY .—He was further charged with having been before convicted.
JAMES ROOTS . I was formerly in the police, and am superannuated. I produce a certificate—(Read: "Central Criminal Court, March, 1851; Henry Huckle, Convicted of stealing 90 lbs. of fat, and confined three months")—I was present at the trial; Huckle is the person.
GUILTY. **— Confined Twelve Months.
PLEADED GUILTY to the 2d Count. — Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
499. JOHN SMITH , Unlawfully obtaining, by false pretences, the sums of 1l. 15s. and 1l., of Henry Emblem, and 1l. 14s., of Charles Brandum to which he PLEADED GUILTY .— To enter into his own recognizances to appear and receive judgment if called upon.
(See Vol. 47, page 269.)
500. JOHN BEALE (27) was indicted for that he, with William Goff, William Jones, and Henry Liversage, on 28th July, 1857, did assault George Johnson, and steal from his person 1 watch, value 2l., and 5l. in money, his property.
(See Vol. 46, page 483.)
MR. METCALFE conducted the Prosecution.
GEORGE JOHNSON . I am a victualler, of No. 9, Bear Street, Leicester Square. My house was open at about 3 o'clock, in the morning of 28th July, and a party of men and women knocked at the door—I refused to let the women in, because it was late, and they remained outside—the prisoner and three others came in—there were no other people there, and there was no one assisting me—they called for some drink, and when it amounted to 2s., I asked for some money; a watch was offered me, and I said, "Well, I will take that as security for what you have had to drink"—they went on, till it came to 7s., and I lent them 5s.; the whole reckoning then came to 12s.; they had been drinking two hours—a few minutes afterwards, I missed one of them, and was suddenly seized by the neck from behind—(when I put the watch into my pocket, the prisoner said to the others, "Do you see?")—Iwas garroted from behind, and the prisoner and the others ran round the bar, and rushed at my pockets, and some of my money fell on the ground—I
lost the watch and 5l., four sovereigns and 1l. worth of silver, and the rest I picked up after they were gone—I became insensible, and when I came to myself, I found myself in a pool of blood, from my mouth and nose, and they were all gone—I do not think I was insensible more than a quarter of an hour—I believe they had gone out and spoken to the women, but I did not go from behind my bar—three of them have been convicted, but I do not remember seeing the third one; the police swore to him.
Cross-examined by MR. RIBTON. Q. Why do you say that some of them went to the door? A. Because in three hours it is very likely, and I saw them go to the door, but cannot say which of them it was; I had the chain on, to prevent anybody coming in, but they could easily undo that without my knowing it—all West-end houses are night houses, and when I took the house the previous landlord had done no business except at night; I keep it very select; and do not allow females in after hours—I close between 2 and 3 o'clock in the morning, and sometimes earlier; I was closing when they knocked—not above twenty people had been in that night, after 12 o'clock—Ihave no potman; I have a barmaid; she went to bed about 12 o'clock—Iwas alone in the shop from 12 o'clock—I had had very little to drink, I had some beer with my supper about 12 o'clock, and I had some lemonade with the prisoner; there might have been some brandy in it; lemonade and brandy was what they were drinking—I took the prisoner for a waiter—Ihad seen him frequently at the bar before; we have many waiters after hours—it was about 5 o'clock, or a little after, that the violence was used to me—I had not seen the constable before that; he was on the opposite side of the street—I saw the men speaking through the chink of the door, but do not know whether they removed the chain; they might have done so without my seeing them—when I came to my senses, I went out, and spoke to a constable, and he came in—I had seen the prisoner in my house on several occasions; he was there two or three nights before, or it may be four, but not more.
MR. METCALFE. Q. Had the prisoner an opportunity of seeing that you were alone? A. Yes—I knew his features perfectly well, I had known him six months, and am positive he is one of the men—Liversage, Jones, and Gough, are the other men who were tried.
WILLIAM BATTY (Policeman, A 318). On 28th July, shortly after 5 o'clock, I was on duty near Bear Street—the prisoner came out to me about a quarter before 6 o'clock—he was not perfectly sober, but was very far from being drunk—he was in a state to know what he was doing perfectly well—Isaw marks of blood on his face—I went with him to the house, and found the place in very great confusion, and there were broken glasses about—about a quarter or 20 minutes past 5 o'clock, I had seen two men leave the house, the prisoner is one of them, he left last; the other was Liversage, who was convicted here—I was about thirty yards from them—I also saw Jones and Gough leave about 5 o'clock—one of them preceded the two who came out afterwards by three or four minutes—I saw some women under an archway, about ten yards from the house, they went away with Jones and Gough.
WILLIAM GLASS (Police sergeant, C 3). I apprehended the prisoner on the morning of 2d March—I had searched all parts of London, and circulated his description and name, but could not find him till then; every endeavour was made to find him both by me and other officers—I went to No. 6, Thomas Place, Lambeth Walk, having received information that he was there—Ihad to force the door open to get in, and found him standing in the centre of the room, partly dressed—I told him the charge; he said, "I will go with you"—he put his hand into his trousers' pocket, I immediately seized
it, and found he had hold of this Spanish knife—I took him out of the house—hewalked about thirty yards very quietly, and then became very violent, and kicked and struggled—he said, "I cannot find one thing, or I would give it to you, you b—s"—we secured his legs, put him into a hackney carriage, and conveyed him to the station.
MR. RIBTON to WILLIAM BATTY. Q. Did you see anybody from the inside come out and speak to the women? A. Gough and Jones came out once, spoke to the women, and went in again—that was about an hour before the prisoner came out; they went to the archway, which is about ten yards.
He was further charged with having been before convicted.
CHARLES CROUCH (Policeman, L 447). I produce a certificate—(Read:"Clerkenwell Sessions, Oct., 1855; John Beale, Convicted of an assault with intent to rob; Confined eighteen months.")—the prisoner is the person; I had him in custody.
GUILTY. **— Fifteen Years Penal Servitude.
MR. ROBINSON conducted the Prosecution.
ROBERT JONES . I am a traveller in the service of Messrs. Morgan, ware-housemen, of Friday Street. The prisoner was a porter in their service for less than three weeks—it was his duty to carry my parcels only—there were circumstances which induced me to deliver this parcel (produced) to the prisoner, on 20th April, in Leadenhall Street, with directions to go to the ware-house in Friday Street, to carry the goods home—he took it on his shoulder, and went towards Friday Street—I walked behind him—he put his parcel down at Bow church, and looked round him, then got a man to lift it again, and walked to the warehouse—I saw him enter, and followed him in—he went into the travellers' room, which is appropriated to depositing the goods—I waited just sufficient time to go from one door to the other, and then went in, and he had the parcel open before him, with one piece open towards his left hand—the string was undone, and the paper open, showing the goods—the moment he saw me, he took it up in his left hand, and endeavoured to return it to the parcel—I asked him what business he had with my goods open, without my permission—he replied, "You must have left them open, Sir"—I said, "How can that be, when I have just followed you in with them on your shoulder"—I told him to remain there, and when I came back he was making his escape out of the back entrance for goods in Friday Street—Ipursued him, and called "Stop thief," but he escaped—he was apprehended on the Friday night, three days afterwards—he did not return to his work at all.
Cross-examined by MR. HORRY. Q. Could he have seen you, when he looked round at Bow Church? A. No: because I stood in the doorway of Perrin's, the hatters—he had to carry three large parcels about the size of this—I had previously had occasion to open them, but I fastened them up again, and gave them to him—I have not heard that the firm have been losing property for some time past; but this is the third piece of goods I have missed—what I told the prisoner was, to remain there while I went into the warehouse, and see what they would do with him—I did not say a word about the partners or about a partner—there are more travellers than one—their room is an open room; persons come in and out all day during business; but only the travellers' men, others have no business there—the room is left open for them to go in and out.
MR. ROBINSON. Q. Is it your habit to watch the prisoner after you have given him your parcels to carry to the warehouse? A. No: this was a special occasion, in consequence of my previous losses.
GEORGE LEGG (City policeman). On 23d April, I took the prisoner, at his father's house, No. 11, Park Place, Hackney. I told him the charge, he said, "Very well, I will go"—he afterwards said, "I know nothing at all about it; I am sorry I went away."
COURT to ROBERT JONES. Q. What was it the prisoner's duty to do with the parcels? A. To put them down on the floor under the fireplace in the travellers' room, unstrap them, and leave them—they were all strapped together to carry on his shoulder—it was not his duty to open them—the value of the piece of silk is 17s. 6d.—he had put down the other parcels in their proper place, and took this from one of them.
NOT GUILTY .
THOMAS GODDARD . I am a hosier, of No. 21, Royal Exchange. On Saturday afternoon, 10th April; the prisoners came, and Little asked me to show him some silk neck handkerchiefs—I did so; he said that they were not exactly what he wanted—among them was one of blue gauze silk; he opened that, spread it out over the other goods, and said something to Wheelan which I could not hear—he then said, "I want something of the half-mourning sort, with a sprig or a spot upon it—my assistant went to the front of the counter, and accused Wheelan of having some handkerchiefs under his coat—Little immediately ran out of the shop, and I laid hold of Wheelan by the collar—after a short time, Little was brought back, and I asked him what he ran away for; he said that he was in a hurry to see Mr. Jones—they were taken to the station.
SAMUEL THOMAS . I am assistant to the last witness. I remember the prisoners coming—Wheelan had this coat (produced) on his left arm; Little spread a blue gauze handkerchief, which is here, over the handkerchiefs on the counter, so that Mr. Goddard could not see what was going on underneath—somecommunication then passed between the two prisoners, and Wheelan held the coat up which was on his arm, put his hand under the counter, dropped the gauze handkerchief with his other hand, and I distinctly saw one of the handkerchiefs in his hand—they then wanted to see some more handkerchiefs, but I went and accused him of having some under his coat; I wished to examine his coat, but he refused to let me—while we were struggling, Little ran out; I went out after him, and lost sight of him—while we were struggling, Wheelan must have dropped the handkerchief again among the others, because I distinctly saw him take it, and he tucked the tail of the coat underneath, so that it should not be seen.
Little. Q. What sort of a handkerchief was it? A. One of these, and I believe it was this one (produced); the creases were fresh where it had been crumpled up under your arm, but they are gone now.
EDWARD SALTER (City police inspector). On Saturday, 10th April, I took Little—Thomas had hold of him; he had escaped from him once, and I came up when a second struggle was going on—I searched him, and found on him 1s. 4d. and a new silk handkerchief—he said that he lived in Union Street, London—I said, "That is a very indiffereut address," and then he said it was in Union Street, Whitechapel—I said, "There is no Union Street, Whitechapel," and he refused to give any different address.
two tobacco boxes, but no money—he gave his address 17, Commercial Road East, but it was false—there is such a place.
Little's Defence. I admit that I entered the shop in company with my fellow prisoner, not with the intention of defrauding, but the handkerchiefs were too much for the money that was in my pocket; I was charged with stealing, and endeavoured to make my escape; I did not assist, neither was I aware that anything was removed from the counter; I made no resistance.
COURT to THOMAS GODDARD. Q. When your assistant left the shop, what happened? A. I took Wheeler by the collar; he did not resist—I do not think he could have placed the handkerchief upon the counter without my seeing him—I saw his hands; they were before him.
NOT GUILTY .
MR. HOPWOOD conducted the Prosecution.
(The evidence was interpreted to the prisoner.)
HENRY DANIEL MOBBS . I am warehouseman to Adam Cox, of No. 51, Houndsditch, manufacturer of steel goods. On the Monday or Tuesday before Good Friday, the prisoner called on me, and brought me a letter—he said, in very broken English, that he could not speak English at all, but would come at 5 o'clock with an interpreter—he came at 5 o'clock without an interpreter, and spoke very well indeed; I could understand him as well as I can you—he looked at some goods, and said that he wanted goods to the amount of 40l. or 50l., that he had come from Holland, and that the Portuguese Synagogue would pay for the goods—he selected tea-pots, plated goods, and other small things—he went away, and said Chat he would call in the morning—hedid so, and looked at forty-one or forty-two dozen of ladies' penknives, very small—they were tied up in grosses on the counter; twelve packets tied up together made a gross—he asked me what I would take for the lot—I told him we would take 3s. a dozen, if he would take the lot—he looked at some more things, and then spoke about the penknives again—we both counted them, and made them thirty-one dozen and one-third—I had occasion to move them on to tho shelf I took them from, and had to turn my back, and leave the counter two or three yards, and when I returned I missed five dozen; I said, "There were five dozen more"—he said, "Oh, no; you have made a mistake"—I took them down again, and found only twenty-six dozen and one-third—I received some information from William Dillon, and jumped over the counter—the prisoner had put his hat upon some other goods—Ikicked it over, apparently by accident, picked it up, and found one dozen of knives inside it, wrapped up in a cloth—I have not found the other four dozen—I accused him of it, and, with an oath, he said it was quite an accident, and, as my employer was not at home, I let him go, thinking I had all the property—I like to put the best construction on everything, thinking it might be a mistake on my part.
Prisoner. Q. Did not I come to your house with some unleavened bread in a piece of cloth? A. Yes; you brought four passover cakes, and gave me two and two to the shopman, and that was the cloth that I found in your hat—I never had it; I did not put it into your hat with some hay.
WILLIAM DILLON . I am in Mr. Cox's employment. I remember the prisoner coming in the week before Good Friday—I was standing by his side, unpacking a cask of goods, and saw him remove a parcel of knives, put them into his hat, and remove his hat to the top of the counter—I got over the counter, and told the shopman.
GUILTY .— Confined Twelve Months.
(There was another indictment against the prisoner.)
NEW COURT.—Monday, May 10th, 1858.
PRESENT—Mr. Ald. HALE; Mr. Ald. PHILLIPS; Mr. Ald. GABRIEL; Mr.
Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. PLATT conducted the Prosecution.
TIMOTHY THOMAS WELCH (Policeman, M 303). On 13th April, at a little past 9 o'clock at night, I was in Gray's Inn Lane—I had not got my uniform coat on—as I passed Bell Court, my watch guard was hanging a little out of my waistcoat, so as to be seen, and the prisoner Shea seised me by the guard and knocked me down—I am sure he is the person—I was no sooner on the ground than Reardon seized me by the hair of my head, and held me fast to the ground—while I was on the ground, Shea got his left hand round my neck, and was trying to strangle me—he seized me so violently that he took off some of the flesh from the back of my ear, and he seized my watch with his right hand—Riley seized me by the left arm, and kept punching me in my eye—she gave me a black eye—she kept punching me in my left eye with her fist—after a few minutes' struggle on the ground, I managed to get on my feet—I seized Shea by the collar, and Reardon by the collar—I kept calling for assistance—Riley kept punching me all the while—I found my watch was not gone; it was hanging in front of me—it had not been separated from the chain.
Cross-examined by MR. RIBTON. Q. How long have you been in the police? A. About six months—before that I was a labourer—I did not know Shea before; not to have any acquaintance with him—he knew me—I had not been at work with him a long time—he did not know my name—I knew him by eye-sight, standing about Gray's Inn Lane—I do not know where he lives—I was out of uniform that night, because I was going to see my father—I mean to swear that Shea did not work with me at Alderman Cubitt's—my mother lives in Holborn Buildings—I do not know whether all the neighbours knew that I got into the police—I had a child to take home that night; I took it from my mother—this occurred opposite Bell Court—it was a few minutes past 9 o'clock—there was not a crowd about—I saw no people about, while we were on the ground—there was, when we went to the station—I do not know John Griffin, nor Jane Samson, nor Maria Ford—this happened as I was going along with the child—I did not see Reardon; I did not take notice of any of them till I was on the ground—I did not say to her, "Why don't you mind?"—I did not stumble at all—I did not turn round and say to her, "Why don't you mind?"—she did not say,"That was not our fault; it was your own fault"—I did not say, "What are you standing about here for?"—she did not say, "There are plenty of policemen about Gray's Inn Lane, that know their duty, without your interfering"—Idid not say, "Do you know who I am, and what I am?"—she did not say,"You are Tim Welch, the policeman"—I did not take my watch guard and say, "Do you see this? this is what you wish to have"—I did not say,"This is what you want"—she did not say, "You have only had it since you have been in the police, and you may soon have to lose it"—I did not put my
finger to her face—she did not push me into the road—I did not put my finger to my mouth and whistle—I never saw Shea till he had me on the ground—I had not my hand in Reardon's hair, when Shea came up and laid me on the ground—I swear I never laid hands on either of them—the first of it was, Shea seized me by the chain, and knocked me down, and the other prisoners came up—there was a crowd in going to the station—I did not say, "Do not imagine it is a case of assault, I will make a case of felony against you."
Cross-examined by MR. SLEIGH. Q. How long had this matter been going on, before Riley had anything to do with it? A. The three of them attacked me together; she was with the other two, when they first had hold of me—it was Shea that rushed out first—the woman Reardon seized me by the hair of my head, and held me down—I saw Riley, but I did not observe anybody till they rushed out—I procured the assistance of other policemen—Shea and Reardon were given into custody—Riley was not given in charge at the station; I took her myself before you go up to Cubitt's, about five minutes walk, or two hundred yards from the place where the assault was committed—she was trying to make her escape when I caught her—she followed us, and then it was that I took her into custody—I do not remember asking one of my brother officers for a staff—I cannot swear whether I did or not—I would rather swear I did not, than I did—I do not remember his saying, "No, I won't give you my staff, because you are not a policeman"—I did not hear him; he only assisted in taking the parties to the station—I had no conversation with a brother constable—I cannot swear that I did not ask him for a staff.
ROBERT MILLER (Policeman, G 178). On the night in question, I saw the last witness in Gray's Inn Lane. I saw him pass by about five minutes before 9 o'clock—in a few minutes after, I saw a crowd in front of Bell Court—I went up, and saw the crowd assembled, and I saw the constable had Shea and Reardon—Riley was not doing anything when I came up; I saw her there—after I took Shea in custody, according to the prosecutor's charge, Riley came up, and struck him a blow on the side of the face—she was then taken—I am confident these are the three persons.
Cross-examined by MR. RIBTON. Q. Are you the policeman that he asked for his staff? A. He certainly did ask me for it—I did not give it him; I did not see another constable give him a staff; I saw a staff in his hand; I cannot tell you where he got it; that was after I refused to give him one—therewas one more policeman there—there was a great crowd there—when I saw Riley strike the prosecutor, I had Shea in custody—I did not hear the prosecutor say he would take care to make it something more than a case of assault—there was a great crowd went part of the way to the station.
Cross-examined by MR. SLEIGH. Q. Did the prosecutor say why he wanted your staff? A. No—I did not lend him my staff, because I thought I might want it myself—there were a great many persons about—it might be a quarter of a mile from the place where the assault was committed to where Riley was taken—she was following in the same direction as myself and the other two prisoners—the prosecutor was at the same time assisting in taking another person—it was in Gray's Inn Lane that Riley struck the prosecutor—she might have got more than one hundred yards before she struck him.
(The prisoners' statements before the Magistrate were here read as follows:—Sheasays: "We never touched the man till he shoved us off the pavement."
Reardon says: "We never took any notice of his watch at all."
Witnesses for the Defence.
evening, 13th April, I was in Gray's Inn Lane, between 8 and 9 o'clock—I was near King's Head Court; a little higher up than Bell Court—I saw the policeman Welch—I knew him; he was dressed in a corduroy jacket—therewere some persons about; not many—I saw Reardon there—I saw Welch had a child by the hand, and just by Bell Court Reardon and Riley were standing—there were some people coming down Gray's Inn Lane, and Reardon tried to get out of the way, and in getting out of the way, as I thought, she trod on the child's leg; I am not sure, but I think she did—Welch shoved her, and after a few minutes' conversation he seized her by the hair of her head—Shea came up, and got between them—he struck him; they had a tussle, and they both fell—they got up, and Welch still kept hold of Reardon by the hair of her head—when he got up, he seized her again by the hair of her head, and held her so till the policeman came up—Miller and another policeman came up—I saw Welch's watch chain; I did not see any watch at all—the chain was round his neck, outside his waistcoat—if the watch had been hanging out of his pocket, I must have seen it—Miller came up, and he and another officer took Shea as far as Liquorpond Street; Welch followed, and he said he would let them know it was not for an assault; it was for a felony—they went on to about Cubitt's, and Welch came and asked the policeman for his staff, and he would not give it him—another officer gave him one, and he swore he would have one or two more before he got to the station, and he ran and took Riley; he laid the staff over her neck, and swore he would kill the first that came up—the struggle did not last altogether more than five or seven minutes, till the police came up—there were twenty or thirty persons about; there were as many as twenty while the struggle was going on—I know where Shea lives; at No. 3, Union Court, Holborn—Welch'smother lives at No. 4, Holborn Buildings; not a quarter of a mile from where Shea lives—Welch was at work at Cubitt's—I do not know whether Shea ever worked there—I know that he and Welch knew one another—I have seen them, time after time, talking together in Gray's Inn Lane, before Welch went into the police.
Cross-examined by MR. PLATT. Q. Who is your present master? A. I have none; I am out of employ, and have been for about ten weeks—during that time, I have been at my mother's; she takes in washing, and I go round gathering the things—my last master was Mr. Duffield, in the London Road—Ileft because be sold the house, and the other landlord brought his potman with him—I saw Riley at the corner of King's Head Court, along with Reardon—when Reardon and Welch were together, Shea came between them—Reardonand Riley were standing close to each other; Shea was not close to them; he was leaning against the public house—Shea did not rush out; he walked up—he did not have to walk above two or three yards—he did not come rushing out of Bell Court—I suppose there is about twenty yards distance—I did not see Welch receive any blow; I saw him fell when he and Shea had a struggle—he was not knocked down in the road; he caught hold of Shea, and they both fell—when he got up again, he seized Reardon again by the hair of her head—Shea did not strike the prosecutor at all—he did not put his arm round his neck—I never saw him till he was going to fall, and them he caught hold of Welch—Welch and Shea fell together, in consequence of a struggle.
COURT. Q. You heard Welch ask the other constable for a staff? A. Yes—theother one, not Miller—the other constable said he would not give it him—Welch said, "I am a constable of the M division," and he gave it him.
JANE SAMSON . I am a widow. On 13th April, I saw Welch at his mother's house, between 8 and 9 o'clock—I saw him leave his mother's house, No. 4, Holborn Buildings; he had a child with him about two years old—I followed him down Gray's Inn Lane—he walked slowly up Gray's Inn Lane—he arrived at King's Head Court—he happened to make a step outside the kerb, and was very near the cause of the child's falling; by some means, he saved the child—the two female prisoners were both standing talking at the corner of King's Head Court—I saw Shea; he was not along with the women, he stood by himself—it might be about two yards off—Welch turned to the two females, and he said, "Why don't you mind?"—Reardon said, "You can't say it was our fault; it was entirely your own fault"—he said, "No, it was not; it was your fault; and besides, I don't see what you do standing about here"—Reardon said, "I am sure there are plenty of police about Gray's Inn Lane, that know their duty, without your interfering"—Welch said, "Do you know who I am, and what I am?"—Reardon said, "Yes,Tim Welch, the policeman, but you are not to frighten people"—Welch took his watch guard in his left hand, and said, "Do you see this, would not you like to have it? I suppose this is what you are after"—Reardon smiled and said, "You have only had that since you have been in the police, and and you may soon have to lose it again, like a great many others"—Welch put his fingers close to her face, and she said, "If you put your fingers in my face, I will shove you into the road," and he did it twice more, and she shoved him—he put his finger to his mouth and whistled; he stepped off, and looked in the direction of Holborn, and he caught sight of the policeman—hewent to Reardon, and said, "What do you say now?" and he seized her by the hair of her head and dragged her very near the ground—Shea came up, and said, "Don't pull the woman in that way"—Welsh seized Shea by the collar, a struggle took place, he let go Reardon, and they both struggled and fell in the road—Welch left the child unprotected, and I took it in my arms—I saw no watch; I saw the chain; he held it up—if he had had a watch I must have seen it—I saw them both in the road—the policeman assisted them up—I did not see them get up—I conveyed the child carefully home to its parents, No. 4, Holborn Buildings—I knew that Welch's parents and Shea's parents knew one another—I do not know that Shea worked at Mr. Cubitt's; all the work that I knew him to do was his mother's household work—the greatest number of persons who were about might be forty or fifty—I am sure there were above twenty.
Cross-examined by MR. PLATT. Q. Do you know that Shea worked for Mr. Cubitt? A. I do not know it—I believe the last five weeks he was unfortunate in getting work—I did not see any one knocked down—they both fell down together in the road—I am not an unfortunate woman, far from it—I walk up and down Gray's Inn Lane, as my business carries me there—I am not an unfortunate woman, I deny it—I have three children, I have lost my husband—by my character I get my living—I might have been ordered on by a policeman when I have stood talking, and I have walked on according to his instruction.
MR. SHARP. Q. Is there the slightest pretence for saying that you get your living by prostitution? A. No; I defy any one to say it.
COURT. Q. Did you see Griffin? A. No—I did not see him; he might have been there.
Head Court—I did not hear the commencement, but I came to my door, and the policeman and a young woman were quarrelling—he said, "Don't be so fast"—he gave a whistle, and she flew at him, and struck him in the face—Shea was then standing by the side—after she struck him, the prosecutor seized her, and said, "You shall not go," and they had a struggle, and then Shea seemed to join in—he seemed as if he joined in to prevent it—my principal thing was to protect my window, and the mob moved on—I saw no attempt at robbery whatever—they moved into the road, one house from mine— I did not see the end of the struggle—they fought in the road—they appeared to be down on the ground in the road, and when they got up, the prosecutor had a young man in one hand, and a young woman in the other—I did not see any watch hanging out—I did not see any chain—there was a mob collected, a crowd perhaps of fifty persons—they had passed the window, and I paid no further attention.
NOT GUILTY .
MR. DOYLE conducted the Prosecution.
WILLIAM THOMAS AUSTIN . I am a gun maker, and reside in William Street, Whitechapel. On Sunday evening, 4th April, about 5 o'clock, I was in Commercial Street, near Whitechapel—I was going from Spitalfields Church to Whitechapel Road—I saw the two prisoners and another woman—theybeckoned me to Wentworth Street—I did not take any notice of them—when I got to the corner of the street, to cross the road, Smith rushed and snatched the guard of my watch, which was in my waistcoat pocket—it was a silver guard and a very strong one, and my watch was silver—she pulled the watch out, and pulled me along with it down Wentworth Street, and Williams gave me a push and I fell down, and the guard snapped, and Smith left a part of the chain, and Williams, while I was on the ground, took my handkerchief off my neck—they ran away, and took the watch with them—therewas part of the guard in my hand—I valued the watch at 3l.—they all ran away, and were taken in custody some time after.
Smith. He first said that Williams took the watch out of his pocket; and when he saw me, he said I took it. Witness. No, I said you took it.
COURT. Q. Are you sure these are the women? A. Yes—I saw Williams again on the Monday night, the next night—I am certain she is the same person—I saw Smith about a week afterwards—I am confident she is the same person.
WILLIAM GRINNELL . I am a carpenter, and live in Quaker Street. I was in Commercial Street, on Sunday evening, 4th April, about 5 o'clock—I saw the last witness at the corner of a turning—he was standing talking to the two prisoners, and another woman—I saw Smith put her hand in his waistcoat pocket, and draw out the watch—she turned to try to get away, and Williams and another woman pushed him into the road—he fell, and a man ran across the road and took the chain—the watch had been broken away—theprosecutor had the chain in his hand—Smith had got the watch, and got away—the guard was in the prosecutor's hand, and the man came and took the chain, and dragged him about two yards on the ground—I do not know whether the guard broke—the man got away—I do not know whether he took any of the guard—I am sure the prisoners are the two women.
COURT. Q. How long was the prosecutor talking with them? A. Somewhere about two minutes.
THOMAS HARRIS (Policeman, H 81). I took Smith into custody—she was pointed out to me by the last witness—I took her on Tuesday, 13th April—I told her she was charged with being concerned with others in robbing a man of a silver watch, and part of a guard chain, and a silk handkerchief—shesaid, "What the b—y hell does he want to do with me? he charged one before, and she was turned up to day," alluding to Williams; I knew she had been examined, remanded, and discharged for want of evidence.
ALFRED REID (Policeman, H 105). I took Williams in charge, on the 20th April—I told her I should take her into custody for stealing a watch—she said, "Why I was taken last night, and discharged at the station"—I told her I must take her again—she said she knew nothing about it—she had been examined before, and remanded till the party that stole the watch was in custody, and by order of the Magistrate she was taken again after Smith was taken.
(The prisoners were further charged with having been before convicted.)
WILLIAM KING (Police sergeant, H 22). I produce a certificate—(Read:"Clerkenwell, Sept, 1856; Mary Ann Smith, Convicted of larceny in a ware-house; Confined six months")—the prisoner Smith is the person; she was in my custody.
FREDERICK CROW (Policeman, H 170). I produce a certificate—(Read:"At Worship Street Police Office, 6th May, 1857, Ann Williams and another were charged with stealing a gold watch, and having pleaded guilty, they were ordered to be confined six months")—Williams is the person; she was in my custody.
Confined Eighteen Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
MR. LILLEY conducted the Prosecution.
CHARLES OLIVER (City policeman, 524). I was on duty in King William Street, at 12 o'clock at night, on 14th April—I heard a noise in Arthur Street, West; on turning to look, I saw the prosecutor and the prisoner—I saw the prisoner raise her hand and strike the prosecutor; I saw him fall—theprisoner stooped over him for about five or six seconds; she then turned, and ran up Crooked Lane; I followed her, and overtook her at the statue—Ibrought her back to where the prosecutor was still lying in the gutter—he was the worse for liquor—I raised him up, and asked him if he had lost any
thing; he said he had lost a purse, with a crown piece and two copper coins; one was a Napoleon copper, and the other was a halfpenny of George the Second's—he said some woman had knocked him down, but he could not tell whether it was the prisoner or not—I was about fifteen yards off when I saw the prisoner knock the prosecutor down—I am certain the prisoner is the person—there was no other person there, neither man nor woman.
Cross-examined by MR. SLEIGH. Q. Do you say there was no other woman? A. There was no other woman near the statue, and when I got to the prosecutor, there was no other woman—I heard a noise while I was in King William Street, and that called my attention to Arthur Street—when I took the prisoner, I asked her what she had knocked the man down for; she said she had not done so.
MR. SLEIGH here stated that the prisoner would PLEAD GUILTY.
GUILTY .— Confined Four Months.
OLD COURT.—Tuesday, May 11th, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; Mr. Ald.
ROSE; Mr. Ald. PHILLIPS; and Mr. Ald. MECHI.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
STEPHEN JAMES THWAITES . I am a stationer, of No. 3, Worcester Place, Upper Thames Street. The prisoner was in my employ as commission traveller—it was his duty to bring orders, which I sent by my men to the respective customers—I gave a month's credit, and, at the end of the month, on this money being paid to the prisoner, it was his duty to bring it to me—Ialways sent a printed invoice with all goods, with my name on it—the prisoner left my employ some time in Feb., on the same night that these accounts became due, and three or four days afterwards I received these three letters (produced) from him, without any address; a week or a fortnight afterwards I received this account; they are all in the prisoner's handwriting—this (produced) is not the invoice I sent to Longman's; it has the prisoner's signature on it—I did not make it out; I supplied the paper to Longman's—Iwent to the prisoner while he was weighing it, and I weighed a part of it—it came to 9l. 6s. 6d., and was then sent to Mr. Longman, with a printed bill head, which was produced to me in the place of mine; it is not in my writing, and is for a larger sum—the bill that I made out I gave to the prisoner—I also supplied Houlston and Co. with some paper, amounting to 10l. 10s.—the prisoner never paid me this 10l. 10s., or this 10l. 2s. 6d.—there has been 6d. discount taken off the 10l. 10s.
Cross-examined by MR. ROBINSON. Q. At what time was the paper sent to Messrs. Houlston? A. On 4th Feb.—that amount would become due
about 12th March—the goods were sent to Messrs. Longman about 18th Feb., and would have become due the latter end of March—it must have been the latter end of Feb. when the prisoner left, and this list was sent to me about a week or ten days afterwards—he was not exactly engaged to me, he used to sell for other houses as well; it was his own connection—the arrangement was not that I was to provide the goods and he the connection, and that the profits of the goods above a certain price were to be divided between us—hiscommission was 5l. percent.—he bought no job lots for me, nor has he ever told me that I was entitled to half the profit upon them in pursuance of an agreement between us—I dare say I have known him three years—I know Almar and Son; the prisoner never bought a job lot of them and told me that I was entitled to half—I think I had one small transaction with them through the prisoner; I do not recollect whether it was for goods which I had sent to them; I recollect the name very well, but forget what transaction it was—I know Mr. Plant—I have had no transaction with him through the prisoner—I do not recollect the name of Phillips—the prisoner never paid any money over to me; I do not suppose he paid me more than three items while he was with me—he has had money on account; he has overdrawn his commission account—there have been several transactions between us, but not such a great many—he had money on account from me, and, in addition to that, he detained the money he had from customers—that has been going on for a considerable time, but I was not aware of his having money in his hands which he received from customers—the first time he retained money, to my knowledge, was the time he left this list on my desk—I cannot say what the earliest date is of the receipt of moneys by him which he has not paid over to me, because I have not the bill-heads, but I should think it is about three months ago; they were, at all events, moneys which were due before he left—the earliest is Silverlock's, that became due about 4th Feb., and I inquired about the money on the morning he left the paper on my desk—I did not inquire of Silverlock's whether it was paid, till I found out other items being received—Whittaker's account was due on 4th Feb.; I made no inquiry about that, till this paper was sent in to me—it may have been sent early in March, but I cannot recollect the day; I cannot say what time it was sent in—I know a person named Briggs; I do not recollect any transactions with him through the prisoner—I have only sent Briggs about 9s. worth of goods.
HENRY WRIGHT . I am partner in the firm of Houlston and Co., booksellers, of 68, Paternoster Row—I was present when the 10l. 9s. 6d. was I paid to the prisoner—this is his receipt given at the time, dated 12th Feb.—Ihave the cheque in my pocket.
Cross-examined. Q. Were you not to have a month's credit? A. We do not take credit; we paid it the same day that we purchased it—that accounts for the 6d. being taken off.
MR. ROBINSON concluded that there was no evidence against the prisoner, as at the time the list was sent there was no amount due, as the month's credit had not expired; and until it expired, the prosecutor could not claim the money of the prisoner. THE COURT considered that it was the people who bought the goods who were allowed the month's credit, and not the prisoner; and that if he took off discount and received the money earlier, it was his duty to pay it over to the prosecutor.
MR. ROBINSON to J. S. THWAITES. Q. You say that the money was not due until the 12th March, and 18th March? A. According to my books—Idid not give the month's credit to the prisoner, but to the customer—they were the prisoner's customers—it was his duty to pay over the money directly he received it.
He was further charged with having been before convicted.
ELIAS MILLER (City policeman, 91). I produce a certificate—(Read,"Central Criminal Court; William Isaac Fitch, Convicted of embezzlement,1849; Transported for seven years")—the prisoner is the person.
GUILTY.—Recommended to mercy by the prosecutor, having a large family, and being in great distress.— Confined Eighteen Months.
MORRIS LEWIS . I am assistant to Alexander Van Wurden, a warehouseman, of 18, Houndsditch. On 22d April, in the afternoon, I was in the shop, packing up a concertina, and saw some one walking out of the shop, who I had not seen in it—I ran to the door, and saw the prisoner going across the road, with something under his arm—I ran after him, and he ran away into some strange house—I called a policeman, and went in, and found the prisoner in the parlour, with this concertina in his hand; it is my master's—Ibrought him out and gave him to the policeman.
Prisoner. I bought it in Rosemary Lane. Witness. It was safe in the shop not one minute before, and I found you in the house with it, five minutes after seeing you in the shop.
JOHN BROOKS (Citypoliceman, 666). I was called by Lewis, and ran after the prisoner down Aldgate—I pursued him to the house; Lewis got in before me, and I met him and the prisoner, with the concertina, in the passage.
GUILTY .—He was further charged with having been before convicted.
WILLIAM SMITH . I produce a certificate—(Read: "Mansion House, London, Oct., 1857; David Jacobs, Convicted, on his own confession, of stealing 1l. 6s., of his master; Confined six months")—the prisoner is the person; I had him in custody—he had only been out a few days when he committed this offence.
GUILTY.—The Governor of Newgate, and the Governor of Holloway Gaol, gave him a very bad character.
Three Years Penal Servitude.
MR. POWER conducted the Prosecution.
ROBERT JOHN WESTON . I am shopman to Kent and Evans, of Bishops-gate Street. On the afternoon of 26th April, the prisoners came; Coker pointed to his waistcoat, and asked if we could match it—the assistant showed him the nearest to it; that was not near enough, and he asked for a green check angola—while the assistant turned to get it, I saw Deniord take a piece of goods from the counter, and slide it down by her side—Coker turned round, and stood between her and me, to cloak the operation—Deniordslid it under her cloak; she saw that I observed her—I went in front of her, and the assistant brought the piece of goods asked for—Coker looked at it, and said that it would not do—they were about leaving, and I told him I thought it was not his intention to buy, but to steal—he asked me what I meant, and I told him—Deniord got up, and the parcel of cloth fell from her side—I gave them both into custody.
Cross-examined by MR. RIBTON. Q. You say that Coker turned round; did he look at you? A. He looked in my direction—he turned round, as if to cloak her—I signed my deposition before the Magistrate—(The deposition being read, did not mention Coker turning round)—that was read over to me before I signed it—I think I mentioned Coker endeavouring to hide her, and I cannot see the difference—the assistant who waited on them is not here—Deniordwas sitting on a stool at the time she put it under her cloak—it was lying on the counter—I distinctly saw her put it under her cloak; there is no mistake about it; I saw it fall at her feet when she got up; it was at her side—Coker was as near as possible to her, and he picked it up.
GEORGE TILLEY (City policeman, 643). The prisoners were given into my custody—Deniord gave me a false address; I do not recollect it, but it was behind the Pavilion Theatre, in Whitechapel—I went there, but could not find her—Coker refused his address—I found 12s. on him.
GUILTY .— Confined Nine Months each.
516. GEORGE RADCLIFF (55) , Feloniously forging and uttering a transfer in the public stocks for 1,028l. 6s. 3d., with intent to defraud; also, feloniously making a transfer of the said stock, with intent to defraud; also, feloniously uttering a false writing, purporting to be the copy of a burial register: to which he
PLEADED GUILTY .— Ten Years Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
JOHN THOMAS PARKER . I am a billiard marker, of No. 71, Dean Street, Soho. On the morning of 26th April, I came to the Old Bailey, to see the execution—I was standing at the top of Skinner Street—there was a great crowd—I had a watch in my pocket, attached to a ribbon—I found the prisoner's hand in my pocket, and looked down, and said, "You thief; you have got my watch"—he held out his hand, and I took my watch from his hand; it was silver gilt—I seized him round the waist; he got away from me, and went about a yard—I did not lose sight of him—I caught hold of him again round the waist, and gave him in charge—the watch was broken from the ring—it was worth 5l.
Cross-examined by MR. RIBTON. Q. Were you pressed round on all sides? A. No—I have not mistaken anybody for the prisoner—I did not charge anybody with robbing me of my watch—I did not first charge the prisoner, then liberate him, and then charge another person with it—before I took him the second time, I followed him one yard—I heard people say that that was not the man—I did not see anybody get away.
GUILTY .—He was further charged with having been before convicted.
SAMUEL GREENFIELD (City policeman, 367). I produce a certificate—(Read: "Clerkenwell Sessions, March, 1857; Charles Montrose, Convicted of stealing a watch from the person; Confined Twelve Months")—the prisoner is the person—I was present.
GUILTY.**— Confined Two Years.
MR. SLEIGH conducted the Prosecution.
purpose of seeing the execution—I had a watch and an Albert chain—I had this great coat on—the prisoner stood on my right side; I found him with my chain in his hand, and found that my watch was no more in my pocket—I said, "Give me my watch;" he said, "I have not got it"—I said, "Give me my watch, and I will pardon you;" he said, "I have not got it," but after two minutes he said, "Here is your watch, now pardon me"—I took it, and called a policeman—this is it, it is gold—it was unhooked from the chain; he took the end of the chain, but could not cut it, it was too strong.
Prisoner. Q. How long previously to your finding my hand under your coat did you look at your watch? A. Two minutes—you were going to give it to a woman, and then to a boy, but they refused it; you then gave it to me—I am certain it was you.
CHARLES LOWDON . I live at No. 64, Salisbury Street, Lisson Grove. I was at the Old Bailey on the morning of the execution, and saw the prisoner close to the captain on his right, and I was on the left in the rear of him—I saw the prisoner put his hand under the prosecutor's coat, and take his watch; he then attempted to get the chain; I saw it in his hand, but it was not unhooked from the waistcoat—the captain caught hold of him, and said, "You have thieved my watch;" the prisoner said, "I have not," and handed it to a young woman who was standing by, she refused to take it; he then offered it to a young man, who refused; he then said to the captain, "If you will pardon me, I will give you the watch," the captain said, "Yes," and he gave it to him—a policeman was called, and he was given into custody.
Prisoner. Q. How far were you from me? A. Not above a yard—I saw you put your hand under the captain's coat before—you unbuttoned one button of it afterwards—the captain was leaning on the rails; there was no one between you then—I never touched you, I was rather frightened to catch hold of you—I went down to the station, but did not go inside—I appeared at Guildhall at 12 o'clock—I had been out of employment nine weeks, I had got employment on Monday, but was obliged to attend here.
MR. SLEIGH declined to call further witnesses, but the prisoner wished George Leggett to be examined.
GEORGE LEGGETT (Examined by the prisoner). I saw you commit the robbery; I saw you put your hand in the gentleman's great coat, and take it out again; I afterwards saw you with the end of his chain in your hand—hecollared you, and I assisted him—I do not know the last witness.
Prisoner's Defence. I went to see the execution, and found the gentleman on my left; he did not speak English, but held me by my collar, and at last he said, "You have got my watch," I said, "I have not seen it;" he said, "I know you have, or else that other man has," pointing to a man about three steps away; he pulled out his chain, and said, "See, my chain is broken off;" I said, "Look about, and see if it is on the ground;" he let go of me, and I walked away; he caught me again, and said, "Here is my watch, I will give you in charge," and pulled it out of his own pocket; I want to know how, when his great coat was buttoned, I could put my hand underneath it and take his watch out of his pocket; and if I did take it, should I not have moved away with it; two of the witnesses are out of work, and it is only for the money they get while these trials are on that they come up here.
GUILTY . He was further charged with having been before convicted.
HENRY ROGERS (Policeman). I produce a certificate—(Read: "Kingston Assizes, October, 1857; William Meek, Convicted of stealing a watch from the person; Confined six months.")—I was present—the prisoner is the person; he had only been out three days.
GUILTY.— Four Years Penal Servitude.
PLEADED GUILTY.— Judgment Respited.
PLEADED GUILTY .**— Confined Eighteen Months.
NEW COURT.—Tuesday, May 11th, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. LAWRENCE;Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .*— Confined Three Years.
PLEADED GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL FITZJOHN . I keep the Alfred public house. The prisoner came there on 31st March, about 5 o'clock in the evening, for a half quartern of gin—it came to 2d.; she paid me a bad shilling—I discovered it to be bad; I marked it, and called an officer.
WILLIAM WHITE (Policeman, D 108). I was called, and took the prisoner into custody—I received this shilling—the prisoner was taken before the Magistrate, and remanded for a week, and discharged on 8th April.
JESSIE JONES . My husband is a baker, in Montague Place, Fitzroy Square. The prisoner came there, on 10th April, for a half quartern loaf; it came to 2 1/2 d.—I served her; she offered me a 2s. piece; I noticed it was bad, as I had taken one about an hour previously—I asked her who gave it her; she said her mistress, and then she said a gentleman gave it her—I went to the door, and called a constable, and gave it him.
EDWARD MILLS (Police sergeant, E 4). I took the prisoner, and received this 2s. piece—the prisoner gave the name of Catharine Hayes—she went before the Magistrate at Marlborough Street, on the 12th, and was discharged.
WILLIAM BLANCHARD . I keep the Lord Wellington, in Tottenham Court Road. The prisoner came there, on 20th April, and was served by my niece with a quartern of rum; she brought a bottle for it—I saw her offer a crown to my niece; it was bad—I asked the prisoner where she got it from; she said, from her mistress—I said, "Where does your mistress live?"—she made no reply—I said, "I will go with you to see where your mistress does live?"—I turned into the bar parlour, to get my hat; the prisoner walked out—I followed her, and gave her into custody, in Tottenham Court Road—Igave the crown to the constable.
Prisoner. I told the gentleman I would go and fetch my mistress. Witness. No, she did not.
Prisoner. I was not aware that either of them was bad.
(The prisoner received a good character.)
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ALICE WATERS . I am assistant to Madame Mara, a perfumer, in Regent Street. On 27th March, the prisoner came there, for a cake of soap; it came to 3d.—she paid me with a bad half crown—I asked her if she knew it was bad; she said, "No"—a policeman was sent for, and she was given into custody, with the half crown.
Cross-examined by MR. PLATT. Q. What did you do with the half crown? A. I marked it, and gave it to the policeman—the prisoner stopped in the shop, till the policeman came; she did not attempt to move or to go away.
JOHN PEACOCK (Policeman, C 170). The prisoner was given into my charge, in the shop—I received this half crown—a purse, a key, and 2 1/2 d. were found on the prisoner—I took her to Marlborough Street; she was remanded till 3d April, and let out on her own recognizance—she said she lived with her mother, in Chapel Street, Tottenham Court Road—I was at the Magistrate's, on the day on which she ought to have appeared; she did not come—I found her mother did live at the place where she said—I went, and found her mother; she said the prisoner did not live there, but she came there once or twice a week.
Cross-examined. Q. Did not her mother say that she did live there generally? A. She said that she came once or twice a week, and she told her she was staying with her aunt, or a female friend, in Camden Town—I saw the prisoner in custody afterwards; I did not hear her give any reason why she did not attend on the day to which she was remanded—I do not recollect her telling me that she was a patient at the Middlesex Hospital, and that she was detained there that day; her mother told me so—I did not hear her say anything about marketing, and getting change for a sovereign.
THOMAS ROBINSON . I am shopman to Mr. Waterlow, a stationer, in London Wall. On 15th April, the prisoner came, about a quarter before 6 o'clock, for half a quire of note paper and some envelopes; they came to 5 1/2 d.—she gave me a crown piece; I found it was bad—I gave it to our manager—a policeman came, and the prisoner was given into custody.
Cross-examined. Q. To whom did you give the 5s. piece? A. To Mr. Hems; I lost sight of it—I had not marked it—I afterwards saw a crown piece in the hands of the policeman; I cannot say that it was the same.
BENJAMIN HEMS . I am manager to Mr. Waterlow. I saw the prisoner there, on 15th April—the last witness served her; I received from him this 5s. piece—I looked at it; it was bad—I gave it to Mr. Waterlow.
Cross-examined. Q. Did you mark it? A. No—I had some conversation
with the prisoner, before I sent for the policeman; I wished to satisfy my mind whether she had been there on the previous day, and it was clear to my mind that she had been there—I hesitated about giving her into custody—I asked where she lived, and she said in Tottenham Street—I asked what number; she told me, and I told my clerk to look in the Directory, and he found that the number she stated was a theatre—I asked her how she came so far to purchase stationety; she said she had been to see a friend, in Whitechapel.
ALFRED DIXON (City policeman, 161). I took the prisoner, on 15th April; I took her to the station—3 1/2 d., and a latch key, and a purse, were found on her—I received this crown piece from Mr. Waterlow—the prisoner said she worked in Drummond Street, Euston Square, at waistcoat making—Iwent there, but did not find any waistcoat maker—she told me where her mother lived, and I found it was true—she said she received the crown at a butcher's shop, in Chapel Street, where she got change.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MICHAEL HART . I live in Bell Lane, Spitalfields, and am a costermonger. On 9th April, I was in Petticoat Lane, selling fish—the prisoner came and bought two plaice, which came to 3d.; he gave me a half crown—I examined it, and it was bad—I told him so; he said, "Is it? if it is, I will give you another"—I told him he had been at my stall twice before on that day, and very likely he had given me more bad money—I went over to the public house to look at my money, and found I had two bad shillings—the prisoner had dealt with me twice that day, and on each occasion he had given me a shilling—I cannot say that the two bad shillings I had were what he had given me—when I told the prisoner that very likely he had given me more bad money, he said, "No, I have not"—I did not mention to him the shillings—I went to the public house, and when I came back the prisoner was gone, and Hyams, whom I had left standing at my stall, was gone running after the prisoner, who had gone up a turning—the prisoner was stopped, and I came up just in time—I saw Hyams with two bad shillings in his hand—I said to Hyams, "You hold him till the policeman comes"—the policeman came, and I said I would give the prisoner in charge for passing a bad half crown—the prisoner did not say anything—I gave the half crown to the officer.
Cross-examined by MR. BROOKS. Q. Was Hyams present when the prisoner gave you the half crown? A. Yes—the prisoner did not say he did not know it was bad—he said, if it was bad, he would give me another—he had come to my stall twice before—he bought two plaice for 3 1/2 d., and then two more for 3d., and then he came and had two more for 3d., and gave me the bad half crown—he had no fish on him when he was taken—I am confident he had come to me twice before passing the half crown—I cannot say that he gave me the two bad shillings—he came, the first time, about half past 10 o'clock, the second time, about 12 o'clock, and the third time was between 3 and 4 o'clock.
MR. BODKIN. Q. Is your stall near the public house? A. Yes, opposite—mymoney was in my pocket—I took it to the public house to examine it—Itook between 3l. and 4l. that day—I told the prisoner I was going to look over my money, before I went to the public house—when I came back the
prisoner was gone, and Hyams after him—when I came up the prisoner was stopped—I said to him, "I have found two bad shillings among my money"—Ishowed them to him; he said, "I did not give them to you."
JACOB HYAMS . I am a general dealer—I was standing at the last witness's stall, between 2 and 3 o'clock; the prisoner came up to the stall and asked the witness the price of three plaice; the witness said 4d.; he said, "Three are too much, I will buy two," and he said he would take 3d. for two—the prisoner went over his waistcoat pocket and pulled out a half crown, and said, "Give me change"—Hart felt it in his hand, and said, "It is bad one"—the prisoner said, "I will give you another"—Hart said, "You have been at my stall two or three times before, and I will see if you gave me any more bad money"—Hart went into the public house, and while he was gone, the prisoner ran away—I ran after him, about 150 yards, to Goulstone Street; I caught him with my left hand, and he pulled two shillings out of his pocket; and tried to throw them away—I caught them in my right hand—they turned out to be bad—I gave them to the constable.
Cross-examined. Q. Were you there when the prisoner tendered the half crown? A. Yes—he was told it was bad—he said, "If it is, don't make a noise about it; I will give you another one"—he said, "If it is, it is not to my knowledge."
GEORGE BAKER (City policeman, 635). I was on duty on that day, in Petticoat Lane, about half past 3 o'clock; I was standing at the corner of Harrow Alley—I saw the prisoner, and thirty or forty persons, running round the way leading to Goulstone Street—I ran round three different courts, and met the prisoner; I caught him, and brought him back to the spot where I saw him—I could not find the prosecutor, and I let him go—he walked towards the Broadway, and then ran—Hart then came up, and the prisoner was followed again, and Hart took him—I went up, the prisoner scuffled, and put his hand in his right trousers' pocket—I called assistance, and put my hand in his pocket, and took a porte monnaie from it and put it in my own pocket—I found two half crowns, and a 4d. piece in his waistcoat pocket, and 18s. 4d. in the porte monnaie, all good—Hyams had seized him first—in going to the station, I asked him his address, and he refused it—I asked if he had got a father or mother living; he said, "No"—I received this bad half crown from Hart, and these two shillings, either from Hart or Hyams, and I afterwards got these other two shillings from Hart.
WILLIAM WEBSTER . This half crown is bad; these two shillings, taken from the prisoner, are bad, and from the same mould; these other two, supposed to have been passed by the prisoner, are bad, and one of them is from the same mould as the two taken from the prisoner.
Witnesses for the Defence.
JANE HARRISON SMITH . I am the prisoner's mother; I live in Gibraltar Place, near the Elephant and Castle. I remember the day my son was taken into custody; it was on a Friday—it was just after 12 o'clock, that day, when he left home—he had been, during the morning, at work with bis father, who serves farmers with manure.
THOMAS SMITH . I am the prisoner's father; I live at No. 10, Gibraltar Place, St. George's Road, by the Elephant and Castle. I remember the day my son was taken into custody—he was about home that morning—he went with me, the first thing in the morning, about 7 or 8 o'clock, to the Bricklayer's Arms—I was not certain what I had to do—I did not see my son again after 7 or 8 o'clock—I went down the Deptford Lower Road and
Rotherithe—his character has always been a good one—I have a family of nine children—in the winter we work to get manure and stuff for farmers; and in the summer my son goes into the country to work from April to November.
Cross-examined by MR. ELLIS. Q. Who does he associate with? A. Always with good companions—I have never seen him in bad company; if I had, I should not have allowed it—I do not think he could have been in bad company without my knowing it.
COURT. Q. Do you know this porte monnaie? A. No; I cannot say that I do—I know he had one, but I cannot swear to anything of the kind—he was at work on the day before the 9th April—I paid him wages—last summer he saved very nearly 4l., which he brought home from the country—he had some at Christmas, and some at different times—he boarded with me and his mother.
JANE HARRISON SMITH , re-examined. On the day my son was taken, I gave him a half sovereign, three half crowns, two shillings, and some more money, to bring my little boy a pair of trousers, if he would go in the Lane and get them cheaper—he did not dine at home that day—he had not dined—I told him to bring me home something for my dinner, but he did not—I dine about 1 or 2 o'clock, according to my work.
GUILTY †— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELIZABETH GIBSON . My father keeps a cigar shop in Poplar. On 29th April, I was serving—the prisoners came in together, about half past 5 o'clock—Gormanasked for 6d. worth of cigars—I supplied him with them—he put down a sovereign on the counter—I asked my mother for change—she gave him the full change—she said she did not think she had two shillings to give him—he then said he had a sixpence, and he said it did not matter what change he had—my mother put the full change down on the counter, and Gorman put down a sixpence in payment, and he took up the change—just at that time a person came in and asked for something, and when he came in, the two prisoners left, taking with them the full change and the cigars, and my mother keeping the sovereign.
Cross-examined by MR. SLEIGH. Q. How soon after this were the prisoners taken into custody; was it a couple of hours? A. I do not know; I was not there—I did not see them till the next morning at Arbour Square—mymother went out that evening about 6 o'clock, about three quarters of an hour after the sovereign was uttered—a person came into the shop, and my mother shewed him the sovereign—he was a traveller who comes about for orders—the buying of the cigars, and the change, was all with Gorman—the other prisoner did not do anything.
MR. BODKIN. Q. Gorman said he had a sixpence? A. Yes, I believe Greenhough asked Gorman whether he had a sixpence—that was before he put the sixpence down.
RUTH GIBSON . I am mother of the last witness—I remember the prisoners coming to my shop—they came in together—Gorman asked for 6d. worth of cigars—he took a sovereign out of his pocket, and threw it down on the counter—I said, "I have got nothing but large change; I have not got two shillings"—he said, "Any sort of change will do for me"—I put down a half sovereign, a 5s. piece, and two half crowns—when I put down the full change
Greenhough said to Gorman, "Have you got no small change?" and Gorman said, "I believe I have," and he produced a sixpence from his pocket—I had said I would send out for change, and Gorman said, "Any sort of change will do for me," and he produced the sixpence—he took up the 20s. change, and the cigars—as the prisoners were going out, a man came in for a quarter of an ounce of tobacco; it came to three farthings—I served him, and he then quitted the shop—I had not put the sovereign out of my hand—a gentleman of the name of Parker came in, in two or three minutes, and I showed it him—it was not out of my sight—in consequence of what he said, I went out in search of the prisoners—I met a constable, and told him what had happened—in two or three minutes afterwards, I saw the three men coming up the street—the two prisoners and the man who had come into the shop for a quarter of an ounce of tobacco—they were together and were smoking—I fetched the constable I had just spoken to, and gave them in charge—I gave the sovereign to the inspector at the station—I had seen Gorman in my shop once before.
Cross-examined. Q. Have you taken many bad sovereigns in your time? A. No—I did not put this sovereign out of my possession—I showed it to Mr. Parker—I did not lose sight of it—the other man came in just as the two prisoners were going out—when the prisoners were taken, the third man ran away.
COURT. Q. Did you put that sovereign with any other? A. No.
JEREMIAH SCRASE (Policeman, K 174). I was on duty on the day that this happened—the last witness met me in the street—she spoke to me, and soon afterwards she fetched me, and I saw the two prisoners and another man—shegave them into custody—they were altogether, and were smoking cigars—shesaid they had been to her house, and given her a bad sovereign—I seized the prisoners, and the other man ran off—I could not pursue him, having these two—both the prisoners said they had not been to the shop—I am sure of that—they both said they had not been there at all—they were taken to the station—I found on Gorman a purse, a sixpence in it, and an umbrella; and on Greenhough a 5s. piece, one shilling, and 3d. in copper—I did not find any cigars on either of them—I received this sovereign from Mrs. Gibson—it was marked in presence of the inspector.
Cross-examined. Q. What did Mrs. Gibson say, when she ordered you to take these men in custody? A. She said, "Here come the three men," and I went and took hold of the two prisoners; the third man ran away—I asked Mrs. Gibson which gave her the sovereign, and she said Gorman—Iasked him if he had been there, and he said, "No;" he knew nothing about it—I took them to the station—Greenhough said he had not been there at all.
COURT. Q. What time did you take them? A. Near upon 7 o'clock.
MR. SLEIGH. Q. Upon your oath, did Greenhough say one word about having been in the shop? A. Yes—Mrs. Gibson was standing by—I do not know whether she must have heard it—there were a good many people round—Ido not know that I have said before to-day that Greenhough said anything of the kind.
COURT. Q. When was it that Greenhough said he had not been in the shop? A. After Gorman had said it.
GORMAN— GUILTY .— Confined Six Months.
GREENHOUGH— GUILTY .*— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES SPIKES . I keep the Globe and Friends, in Commercial Road. On 31st March, the prisoner came, and said, "You gave me a bad shilling last night"—I did not know her before, but as she produced a shilling that was a bad one, I took it, and gave her two 4d. bits, one 3d. bit, and a penny—I took the shilling she gave me, marked it, and put it aside—on the 1st April, the prisoner came again, and called for a pint of beer; she paid my wife a shilling, which she showed to me, and it was bad—I told the prisoner so, and she said she was not aware that it was bad—I told her that she was aware that I gave her two 4d. bits and a 3d. bit, the night before, for a bad one, and I would detain her till I got an officer—I sent for an officer, and gave him the shilling she brought the last time and the first one also.
Prisoner. He said, "This is the girl that came in last night," and his wife said I was not the girl. Witness. My wife did not see the girl.
JANE SPIKES . I am the wife of the last witness. On the night of 1st April, the prisoner came to the Globe and Friends, and I served her a pint of beer; she gave me a bad shilling—I gave it to my husband—he said, "This was the girl that came the night before"—I said, "No; perhaps this is not the girl; be careful."
Prisoner. No; she said it was a taller young woman, and fairer than me, and she had a black bonnet, and I went and fetched the young woman in, and said, "Is this the young woman?" Witness. No; she did not—I gave no description of her, for I had not seen her.
HENRY KEMP (Policeman, H 201). On the night of 1st April, I was sent for to the Globe and Friends, and the prisoner was given into my custody for passing a bad shilling—she said that Mr. Spikes made a mistake, in saying she was the person who was there the night before—in going to the station she said that they were given her by a gentleman in the Minories, and she was not aware that they were bad; but before that she denied having been in the house before.
GUILTY .— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ALFRED CARTER (City policeman, 491). I produce a certificate of a former conviction—(Read: "Central Criminal Court, June, 1857; William Jones was Convicted of unlawfully uttering counterfeit coin, and was Confined nine months")—I was present—the prisoner is the person.
CHARLES SUTTON . I am assistant to Mr. Harding, No. 4, Cheapside. On 1st April, the prisoner came to the shop, and purchased a seidlitz powder—hehad been in the shop several times before that day—he paid a florin; this is it—it was bad—I found it was bad, and I said, "Go to Mr. Harding, and ask what shall be done"—the prisoner said he had some urgent business to go on, and he would go—I said he must stay till I had sent to Mr. Harding, to know what should be done, and an officer was sent for, and he was given in custody—he had been there on the Monday or Tuesday before, and purchased a seidlitz powder, and I believe he paid me a half crown—there was a half crown and a florin found, which were both bad—I think he gave me a half crown, and the next morning I found, amongst
the money that was taken out of the till, there was a bad half crown; it was melted over the gas, and destroyed.
Prisoner. Q. I wish to know whether you can say that I gave you the piece of money that was destroyed and melted over the gas? A. No; I cannot tell whether there were other half crowns of the same description in the till—it is not my duty to look over the cash, but my attention was called to it by a person whose duty it is to look it over.
WILLIAM COLE (City policeman, 490). I was sent for to Mr. Harding's shop, on 1st April—the prisoner was given into my custody, charged with passing this bad florin, which Mr. Sutton gave me—the prisoner said nothing—I took him to the station, and found on him 1s. 10 1/2 d. in copper, three good half crowns, a memorandum book, and a knife—I asked him his address, which he refused to give, or any account of himself—I took him before the Magistrate, and he was remanded—his address was sent to me, but I did not hear him give it.
Prisoner's Defence. When before the Magistrate, Mr. Sutton was asked how many times I had been in the shop, and he said more than four times; I voluntarily admitted that I had been more than thirty times in the shop, and is it not likely that I might have had bad coin? has it not happened to every one?
NOT GUILTY .—(There was another indictment against the prisoner, on which no evidence was offered.)
OLD COURT.—Wednesday, May 12th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON MARTIN; Mr. Justice CROWDER; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. SALOMONS; Mr. Ald. CUBITT; Mr. Ald. HALE; and Mr. Ald. MECHI.
Before Mr. Justice Crowder and the Third Jury.
PLEADED GUILTY .— Ten Years Penal Servitude.
SHANNON PLEADED GUILTY .**— Four Years Penal Servitude.
TAYLOR PLEADED GUILTY .— Confined Nine Months.
MESSRS. GIFFARD and BAYLEY conducted the Prosecution.
In opening the case, MR. GIFFARD proposed to give evidence of a previous uttering of a forged 10l. note by the prisoner, or others in his company, two months before the transaction in question. MR. SLEIGH objected to such evidence, as too remote to affect the question of guilty knowledge in this particular instance. MR. JUSTICE CROWDER was not aware that any case had gone to that extent; evidence of other utterings must apply to a period immediately before or after the particular uttering charged. MR. GIFFARD submitted, that the objection applied rather to the weight of the evidence than to its admissibility; but there was another point upon which he urged that it was receivable; he was in a
condition to prove that the note uttered on the former occasion was from the same plate as the one in question, although the amount was different. MR. JUSTICE CROWDER was of opinion that the time was too remote; but if MR. GIFFARD desired to press it, he would receive the evidence and reserve the question. MR. GIFFARD did not desire to press the evidence, after the expression of his Lordship's opinion.
WILLIAM SMITH . I am a saddler, at No. 12, Bloomsbury Street, Bloomsbury. On Monday, 5th April, the prisoner came into my shop, between 10 and 11 o'clock in the day; it was Easter Monday—he wanted a riding bridle—I was standing at the counter; I had an opportunity of seeing him; I particularly noticed him—I said I had not got one, but I could get one in the course of the day; he said, very well, that would do—the price was to be 1l.—hesaid he would call again at 5 or half past 5 o'clock—he returned a little after 6 o'clock; I had then got the bridle for him—I showed it to him; he said it would do very well, and told me to pack it up—he pulled out a 5l. Bank of England note, as I supposed, and gave it into my hand—I gave it to my daughter, to get change; I looked at it, but did not examine it much—I gave it to my daughter, immediately I received it—she was in the parlour behind the shop—I returned into the shop, after I had given it to her—shewent up stairs, to get the change, and brought it down—she called to me, and said she wanted to speak to me—the prisoner heard her call, and he stepped up to the parlour door, and asked if it was any thing amiss; she said, "No, I called my father"—the prisoner then passed me, and went out, saying he would call again in five minutes; he did not take the bridle with him, or the change—I went direct to the police station with the note, to ascertain if it was good—I put my name on it—this is the note (produced), and this is my name—on the following day, in consequence of information, I went to a public house in Long Acre, called the John Holt, and saw the prisoner there, and two others along with him—when he saw me, he walked out, and the other two along with him—he was dressed similar to what he was the day before—I am quite certain he is the same man—I followed him, and gave him into custody.
Cross-examined by MR. SLEIGH. Q. How do you fix the time as being 6 o'clock in the evening? A. A little after 6 o'clock, I think it was—I am quite certain it was a little after 6 o'clock; it might be a quarter of an hour, or it might be more or less—I do not think it was more—he asked for the bridle, and immediately handed me the note, and I immediately went into the parlour, and handed it to my daughter to get changed.
ESTHER SMITH . I am the daughter of the last witness. On Easter Monday, I received a note from my father, in the parlour; I went up stairs to get change; I got it, and brought it down stairs, with the note—I called out to my father—the prisoner stepped into the parlour, and asked, what was amiss—Isaid, "Nothing, I called my father"—I had an opportunity of observing the prisoner's face and appearance—he is the man—I have no doubt about it—I saw him again, next day, at the police station—I recognized him there—he was standing, with several people round him.
Cross-examined. Q. You did not see him at all before you went up stairs? A. Yes; I was in the parlour, and the door was open into the shop—I could see him distinctly when he was in the shop, before I went up stairs, and I saw him again afterwards, when I came down.
SIDNEY SMITH . I am the son of William Smith. On Monday, 5th April, I was employed in my father's shop, sitting at the table, working—I saw the prisoner come in, and ask for a bridle—he was about five or ten minutes in
the shop—that was in the morning—I noticed that he had a stick in his hand—I should know the stick, if it was produced—this is it (looking at one)—itwas a stick like that—he put it on the counter; it remained there for some few minutes—I saw the prisoner again, when he called that evening, about 6 o'clock—I saw him hand a 5l. note to my father—I heard my sister call to my father, and heard the prisoner ask my sister what was amiss—I saw him go out—next day, I saw somebody pass the shop window, who, I thought, was the prisoner—I saw him go into a public house in Long Acre—Icame back, and told my father, and he left the shop by himself—I afterwards saw the prisoner at the station, and recognized him.
Cross-examined. Q. Whereabouts was he then, in the yard or in a cell? A. In a room—my father had told me that he was in custody; he said they had the man, and wanted me to go and see him—there was another man with him when I saw him at the station—I believe he was a prisoner—he was not a policeman; he was a youngish man, a very different looking person to the prisoner—it was my father that talked to the man who came about the bridle in the morning, and also when he came for the bridle—my father does not sell sticks—I have not seen this kind of stick before—I noticed that the person who came in the afternoon had a stick; I noticed it to be the same—Ican speak to it, by the button on it—I have seen one or two like it before—Icannot say that I have ever seen a stick in all respects like it before—Ispeak to it by the handle also—there is nothing extraordinary about the handle.
GIDEON CROCKER (Police sergeant). I was in St. Martin's Lane, and was called to Long Acre, by a friend of Mr. Smith's—I saw Mr. Smith there, and he pointed out three men who were going along, and said that one of those men had uttered a 5l. note on him the previous day, and he wished me to take him into custody—he went up with me, and pointed out the prisoner, and said, "This is the man that passed the note"—I took him into custody, and another man named Cooper—they were walking away through Cranbourne Street—I told the prisoner what I took him for—I took Cooper because I saw that he trembled very much at the time; he was let out on bail, and never made his appearance—I charged the prisoner with uttering a 5l. note—he said he was not the man—I sent for the prosecutor's son and daughter, to be positive—I was there when they came, and they both said he was the man; he was then in the dock with Cooper, and there was also a constable present, in plain clothes, and a friend of Mr. Smith's; they were all standing together—I did not point him out; they came in and looked, and said, "That is the man"—both of them pointed in that way—I searched the prisoner, and found on him a watch and chain, and 16s., and the stick that has been produced.
Cross-examined. Q. In what place was the prisoner at the time Mr. Smith's daughter saw him? A. In the dock in the inspector's office—I believe the prisoner had a horse at Swan Yard, in St. Martin's Lane, at that time, but it was taken away before I went there next morning—I believe the Mitre public house is close to Swan Yard—he was not lodging there, but in Edward Street, so I have been told.
JOSEPH BUMSTEAD . I am an inspector of bank notes at the Bank of England. This note is a forgery—it is not so good as I have seen them; it is pretty fair—it is forged in every respect—it is not printed on Bank paper.
MR. SLEIGH called the following witnesses for the Defence.
who is here to-day as a witness—I am not acquainted with him—I remember seeing him on Easter Monday, at the Swan livery stables, in St. Martin's Lane; he was examining a horse—the prisoner was with him—Cooper said he came to examine the horse for a gentleman of the name of Isaacs—the prisoner was going to sell it—that was about 5 o'clock—I should think he must have been there over half an hour; from that to three quarters, I should think—I had been with the prisoner the best part of the day, up to 3 o'clock—I was with him from 5 o'clock up to nearly 7—I continued there till nearly 7 o'clock with the prisoner—when I spoke of half or three quarters of an hour, I meant that was the time that Cooper was in the yard and the stable examining the horse—he had it walked and trotted up and down the yard, and then he went into the stable and I saw him there; the prisoner and he were conversing together, and I should think that would take up nearly three quarters of an hour from the time that he was there—after that Cooper went and reported to his master, Mr. Isaacs, favourably of the horse, and next morning Mr. Isaacs came and purchased it—the prisoner stopped in the stable after Cooper was gone—I was with him up to nearly 7 o'clock; it was dusk—I think it was 7 o'clock, as near as I can recollect.
Cross-examined by MR. GIFFARD. Q. What has become of the horse? A. It was sold to Mr. Isaacs—he lives by Russell Square—I am not positive of the street; it is a street leading into Russell Square—I am not certain whether it is not Mabledon Place, or some such name, but it is very near Russell Square—it is opposite a coach rank—I do not know the number—I have never been in trouble—I know a person named Honeyball; he never accused me of giving two forged game certificates—(Honeyball was here called in)—I know that person—I did not give him any forged game certificates, to my knowledge—he never accused me of giving him two false game certificates, to my knowledge—I never gave him two game certificates—I have not had anything to say to Mr. Honeyball for years, to my knowledge—(THE COURT explained to the witness that he was not bound to criminate himself, and might decline to answer if he liked)—well, then, I decline to answer.
GEORGE PUZEY . I am a servant at the Swan livery stables, St. Martin's Lane. I remember the prisoner being there on Easter Monday, at half past 5 o'clock—he was along with a gentleman about selling the horse—I saw him from half past 5 till ten minutes to 6 o'clock—I went out of the stable then, and went away—I left him and the gentleman together in the stable—thatwas at ten minutes to 6 o'clock—I know the time, because the clock was in the stable over the horse—I was going to do up some horses over the way; that was my time for doing it.
Cross-examined. Q. Do you mean that ten minutes to 6 o'clock is your time for doing it every day? A. Six o'clock is my regular time for doing it—I was cleaning Mr. Langham's horse from 5 to ten minutes to 6 o'clock—Mr. Langham is the fighting man—Nat Langham is the gentleman—he was not in the stable—I did not see him there at all that day—the horse I was cleaning was in the stable where the prisoner was—I do not know at what time he came in; he was there when I went in to do my work—I came out of one of the other stables—George Quint was there; he went into the stable along with me—he is a servant of Mr. Palmer's—this was on Easter Monday—Ido not know who was there on the Saturday before, or on the Friday, or on the Monday before that.
St. Martin's Lane. On Easter Monday, I saw the prisoner in the stable, from half past 5 to ten minutes to 6 o'clock—I then left the stable, and left him there—I came out of the stable, and crossed the yard to the other stable, to do my horses up—I remained there till about 7 o'clock—I did not see anything more of the prisoner—I had seen him in the morning part of the day; about 12 o'clock—he had a horse at the stables.
Cross-examined. Q. You looked at the clock, I suppose, so as to be able to tell us it was from half past 5 to ten minutes to 6 o'clock? A. Yes, I did; when I went into the stable—the clock stood over the prisoner's horse.
GEORGE MATTHEWS . I am foreman to Mr. Palmer, the proprietor of the Swan stables. The prisoner had a horse standing there for sale—I was at the stables on Easter Monday—I saw the prisoner there in the morning part—I saw him in and out during the day—the last time I saw him was in the evening, about 5 o'clock, in Mr. Wilson's house, the Mitre Tavern, St. Martin's Lane—he was there drinking along with Mr. Bridges—I saw nothing of him afterwards—I went away to start off my coachmen, and did not return till 7 o'clock.
ALEXANDER WILSON . I am proprietor of the Mitre tavern, St. Martin's Lane. On Easter Monday, I recollect the prisoner and a man of the name of Bridges coming to my house—he had been in the habit of using my house at times for some time previously—the first time I saw him, on Easter Monday, was, I think, about 11 o'clock—I think he remained there for about two or three hours—he came back about 2 o'clock, and stopped till past 5 o'clock in the evening—I think it was a little past 5 o'clock when he went away—hesaid, if a gentleman called for him, he was gone to the stables—he returned about 6 o'clock, and asked if the gentleman had called on him, I said, "No," and then he said, "I will stop till 7 o'clock"—it was about 6 o'clock, as near as possible, when he returned—he remained at my house till 7 o'clock—hewas in the parlour part of the time, and in the front of the bar at the last, before he went away—he was with Bridges—I do not know much about Bridges—Ihave only been eight months in the house altogether—that is the man—he was with the prisoner the whole of the time—I saw him go out about 7 o'clock—he told me, if the gentleman called on him again, to say that he was gone, that he could not wait any longer—he could not have left my house between 6 and 7 o'clock without my knowledge.
Cross-examined. Q. Do you know Bloomsbury Street? A. I do—that is, I think, about a mile from my house, I do not know exactly, I am no judge of the distance—the prisoner stopped at my house from 2 o'clock till past 5 o'clock—itwas as near 5 o'clock as possible, for the groom from the yard came in and said, "Are any of my coachmen here? for it is 5 o'clock, and I want to send them off," and the prisoner was there for five or ten minutes after that—hecame back as near 6 o'clock as possible; I was in the bar when he came in, he came into the front of the bar, and went into the parlour, and said if any gentleman called, he would find him in the parlour—I did not know what he might be doing in the parlour; he had some ale—I did not go in to see what he was about—I continued in the bar, and partly in the parlour, going backwards and forwards; we were pretty busy on Easter Monday; there were a great many people there—there is a glass door between the parlour and the bar—there is a curtain to it, but you can see over it.
MR. BRIDGES re-examined. We went into the stable for about a quarter of an hour, and then went to the public house, and remained there till nearly 7 o'clock, or past 7 o'clock, for what I know.
GUILTY .— Six Years Penal Servitude.
Before Mr. Baron Martin.
MR. RIBTON conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
JOHN WYTON (Policeman, D 200). On 21st Feb., I was on duty in Dorset Square. About 10 o'clock that evening, I was called by Mrs. Southern—she was bleeding very much from the nose and mouth, and her dress was all over blood—I went with her and Adams, 158, to No. 3, Little Park Street—we went down into the back kitchen—I saw both the prisoners there, and several others—Mrs. Southern said she would give Harragan into custody for an assault upon her—I and Adams tried to persuade Harragan to come to the station; he would not—he said, "What for?" I said, when he got to the station he would be told—I put my hand upon him and told him he must go—the prisoners were not both drunk—I did not perceive that any of them were drunk; they knew very well what they were about—when we were taking Harragan into custody, Lynch came up and swore he should not be taken—he had got something, but in the confusion, I could not perceive what it was, and he struck Adams about the hand; and when I had got Harragan against the door, he dropped himself down, and clung round my legs, and threw me down on the edge of the bed—they forced me and Adams outside the door.
MR. SLEIGH and MR. RIBTON, for the prisoners, here stated that they could not resist a verdict of unlawfully wounding; to which Mr. Thompson assented.
GUILTY of Unlawfully Wounding.
(The prisoners received good characters.)— Confined Fifteen Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
MR. RIBTON, for the prisoner, proposed that he should plead Guilty to unlawfully wounding. MR. BARON MARTIN directed that some evidence should be given to enable the Jury to pronounce that verdict.
JAMES CLARIDGE (Policeman). I was called upon to take the prisoner into custody—I saw him commit an assault—as soon as I took him into custody, he was rescued from me by the mob—I recaptured him—he told me he should throw me down if I did not leave go my hold—he immediately threw me down, seized me by my hand, and bit me—I bled; he then kicked me in the side of the eye, and the jawbone—I was under medical care for eight days.
Cross-examined by MR. RIBTON. Q. I believe he was drunk? A. He was the worse for drink—something was said about his having lost a sovereign.
GUILTY of Unlawfully Wounding. — Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
On Wednesday morning, 14th April, between 12 and 1 o'clock, I was, with my wife, on my way home along High Street, Whitechapel—I stepped into a public house to get a bottle of ginger beer—while I was at the bar, the prisoner White put his hand into my waistcoat pocket—I told him it was no use, and he had better go out as soon as he possibly could, or I should give him into custody—I did not wait for the ginger beer I had ordered, but left at once, seeing the company I was in—I had hardly got into the street, when I was surrounded by five men—the prisoners were four of them—Thompson placed his arms round my neck, and almost strangled me; and if it had not been for my wife, I think they would have murdered me; I have felt the effects of it ever since; the water ran out of my eyes, as he squeezed my neck—whilst Thompson was doing this, Kay struck me on the head; Thompson let me go, and I turned round and saw Kay; they hustled me, and tried to get at my pockets—I buttoned up my coat as I came out of the public house—after I received the blow at the back of the neck, they all ran away—theydid not succeed in getting anything—I am quite positive they are the four men that attacked me, and ill treated me—when I recovered myself a little, I saw my wife and the policeman together—we went in pursuit of the prisoners, and met with two of them; they were secured in less than twenty minutes; I identified them immediately—I saw the other one when the policeman brought him to the station the same morning, and next morning after they were remanded, my wife recognized Hart—I could not swear to him.
Thompson. Q. Where was it that you say I caught you by the throat? A. Outside the public house door—I cannot say how long you held me by the throat—I saw you when I went into the public house; I was not insensible—I did not say, when I gave you in charge, that I thought you were one of them—I said, "That is one of the men; and that is the other"—I did not know anything about your characters at that time—I pointed you out immediately to the policeman when I came out—I did not offer to fight any one in the public house, nor when I came out.
White. Q. Which pocket did I put my hand into? A. My waistcoat pocket—I did not tell the Magistrate that you tried to put your handinto my coat pocket—I did not say that I was insensible, and could not say who it was that assaulted me, nor, when I heard the Magistrate say that Thompson had been in prison, did I say, "Then I will prosecute him"—I have been in prison myself for striking my wife.
Kay. Q. You say I struck you at the back of the head? A. Yes; you were behind me—I turned round to see who struck me, and there was no one near me but you—I never said that I heard you say to the other prisoner in the public house, "Come away; let the man alone; I know him"—Ido not know whether you bad a weapon in your hand—I have no marks to show from the blow—I did not feel that long, but my throat I did; I can hardly swallow now.
Hart. I do not know these young men, only as friends; I am not guilty. Witness. I do not speak to Hart with certainty, but since I have seen him, I am almost positive he was one of them—I would not swear it.
CAROLINE MORGAN . I am the prosecutor's wife. I was with him on the night of the 14th—he went into a public house in Whitechapel—I remained outside—I saw him come out—he said that his pocket had been attempted to be picked, and he came out without any refreshment—we were coming away at quickly as possible; he buttoned his coat up, and we were surrounded, and his pocket was attempted to be picked—the prisoners are four of the men,
and there was one more—Thompson took my husband by the throat, I believe with both hands, but it was done so very quickly that I could not positively say—Kay came behind him, and hit him a blow—I cannot say whether he had anything in his hand—it was a violent blow; my husband almost staggered—I screamed out—they attempted to pick my pocket, and it was torn almost from my dress; that was done by White and Hart and another—they did not get anything—I called for the police, and the policeman was up so quickly, they all ran away—my husband was quite sober; he was quite exhausted—I saw Hart quite perfectly and plainly; he was trying to pick my pocket—it was turned right out of my dress—they tried to pick my husband's pocket, and he was surrounded—I saw their bands towards his pocket; I cannot say in his pocket—they were feeling all round his pockets, but he had not got anything in them.
Thompson. Q. When your husband came out of the public nouse, did he offer to fight any men that were out there? A. I did not hear anything of the sort.
White. Q. Are you certain that I put my hand in your husband's pocket? A. I am not certain; you attempted; I did not say you did it—Hart is the one that turned my pocket out, but I had nothing in it—the police came up so quickly, they all ran away directly—my husband was almost insensible; I would not have called out for assistance if they would have let him alone—Idid not say at the station that I was so frightened that I knew nothing of what occurred—I did not notice any more persons about but you four and another—they were surrounding my husband and me at the same time—I know your face well; I had never seen you before—there were two gaslights there.
Hart. You said at first you did not know me, and after the constable had been talking to you a little while, you said you did. Witness. I knew you directly I saw you the next morning—I have not the least doubt about you.
COURT. Q. Where did you see him first? A. Outside the Court, in Worship Street—I do not know whether that was the day after the occurrence, or a week after; it was the next time I had to go and appear against them—I was only at the Court once—the constable did not point kirn out to me; I saw him myself opposite, and knew him directly.
WILLIAM DUNAWAY (Policeman, H 129). On Wednesday morning, the 14th, I heard the cry of police in Whitechapel—I went to the spot, and saw the prosecutor there—I saw the prisoners running away from the spot where he was—he could scarcely speak; water was running out of his eyes very fast—assoon as he got over it a little, he said something to me—he was so exhausted, that, before going after the prisoners, I took him up to Whitechapel Church, and stopped with him until he got a bit round, and then we went to Spectacle Alley—I had known all the prisoners before, well—I apprehended Thompson and White about half an hour afterwards, in Spectacle Alley—Whitewas without his hat; the prosecutor said that was two of them—I took hold of Thompson, and said, "I must take you into custody for assaulting and attempting to rob this man"—White immediately ran away—the prosecutor cried out, "Stop thief," and pursued him; he was stopped by another constable—Kay was taken about an hour afterwards, in Keate Street—I said to him, "I want you;" he said "What for?" I said, "For being concerned, with two others, in assaulting and attempting to rob a man;" he said, "Oh, Mr. Dunaway, don't take me, don't take me I am innocent;" I said,
"I must take you;" I then handed him over to two other constables, and then went and searched for another one—when I got to the station Kay said, "What am I charged with?" I said, "You are charged with being concerned, with Thompson and White; do you know them?" he said, "Yes, I do, and I told them to have nothing to do with the man, but they would"—Hartwas taken on the Wednesday morning week, the day they were remanded to, he was at the Court—I had been looking out for him during the the week, and also for another one, a man of the name of King—I did not take Hart into custody until I went and spoke to the prosecutor and his wife—Itook him eventually, in consequence of what the prosecutor said to me—Hartis one of those that I had seen running away that night—he asked at the station what he was charged with—I said, "You know; with being concerned, with others;" he said, "I was standing there; I saw them at it; I am innocent of it, but I was not such a flat," or "such a mug, to stand there to be collared."
White. Q. Where did you see me run to? A. Up George Yard—I did not see you come down again—I apprehended you in Spectacle Alley—I did not take you and Thompson against the door of the Horse and Leaping Bar—Idid not tell the prosecutor you were the man I I asked him to point you out.
Thompson. I have nothing to say,
White and Kay each put in a written defence, stating that the prosecutor was quarrelsome, and was challenging persons to fight, upon which a disturbance occurred, but that there was no attempt at robbery.
Thompson, White, and Kay were further charged with having been before convicted.
WILLIAM PAYNE (Policeman, H 156). I produce a certificate—(Read:"Central Criminal Court, April, 1856; Daniel Thompson, Convicted on his own confession, of larceny in a dwelling house, and burglariously breaking out; Confined one year")—I was present at that trial; Thompson is the person referred to.
WILLIAM DUNAWAY (Policeman, H 129). I produce a certificate of White's conviction—(Read: "Middlesex, 14th Feb., 1853; William Campbell, convicted of larceny, having been before convicted; Confined three years")—I was present; White is the person who was so convicted.
THOMAS TOWNSEND (Police sergeant, H 6). I was present at Kay's trial, and produce a certificate—(Read: "Central Criminal Court, Nov., 1853; Henry Brooks, Convicted of larceny; Confined three months")—Kay is the person. THOMPSON, WHITE, and KAY—GUILTY.— Five Years Penal Servitude.
HART— Confined Four Months.
NEW COURT.—Wednesday, May 12th, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. SALOMONS;
MR. RECORDER; and Sir HENRY MUGGERIDGE, Knt., Ald.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Nine Months
PLEADED GUILTY , and received a good character.— Confined Six Month.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY . **—Four Years Penal Servitude .
MR. SLEIGH conducted the Prosecution.
GEORGE WEIGHT . I am governor of Holloway Prison. The prisoner has been in my custody there, since his committal at the Central Criminal Court, in Jan. last; he was sentenced to twelve months imprisonment.
JOHN BRIDGE . I am a warder of the prison at Holloway. I was there on 13th April—I fed the prisoner with his dinner, and afterwards on entering his cell door, to get the pannikin, he threw the pannikin at my head, which hit me a violent blow, and cut my left temple—I made an alarm, and was attended by the chief warder, and secured the prisoner—I had not spoken to him—I had put his victuals on the little trap door an hour before, and I then went for the pannikin, and on going in at the door this happened—the pannikin was not put on the trap, as it should have been—when the prisoner threw this, he said, "There; d—n you"—I was not able to perform my duty; I was disabled for two days, and was under the care of the surgeon—I had not had any words previously with the prisoner—I had reported him three days before, for cutting off his whiskers.
Cross-examined by MR. RIBTON. Q. What sort of a cell is this? A. About ten feet by six—it is not a very dark, gloomy place; it is very light and cheerful—he was not in solitary confinement; he was alone in his cell—hehad been there about three months—he had been in separate confinement about eighteen hours—I am not aware that he had been ill during that time—thedoctor saw him on the morning of that day, and ordered him something—I had put the pannikin there at ten minutes before 1 o'clock—there was a stool, a broom, and a bed in the cell—he had slept there the night before—he was put there at half past 5 o'clock the day before—the doctor went to see him about 10 o'clock in the morning—I saw him at 6 o'clock in the morning; I did not go into the cell; I stood outside—he was not up—I spoke to him, and asked if all was right; he said nothing, and I went away—I knew he was not dead, because I saw him move, and then I went away—I saw him again at half past 7 o'clock—I said nothing to him—I saw him
move—I opened the cell door, and looked in, and saw him in bed—the doctor saw him at 10 o'clock—I had put his name down to see the doctor—I saw him at ten minutes to 1 o'clock, when I put the pannikin—this is it; it has a partition in it—there was gruel in one part of it; there was nothing in the other—there was a spoon in his cell to eat it with—I cannot say what sort of gruel it was—he had had gruel and bread at half past 10 o'clock—I opened the cell door, and put it in, and that was consumed—I am not aware that any one had seen him that day but the doctor and me—I went into his cell the second time at 2 o'clock, and then this was thrown at me—he was not in bed; he was dressed in the prison dress—the moment I entered the door, this Was flung at me.
JOHN SPENCER . I am one of the warders of Holloway Prison. On 13th April, I heard a noise and the rattling of the pannikin—I looked in the direction, and saw the last witness coming from B 2, holding his head—I made my way to see what had happened—I went to the prisoner's cell, and he was seated, and had a brush in his hand—I asked him to rise; he jumped upon his feet, and at the same moment made a blow at me.
JAMES EDMUND CLARK . I am chief warder of Holloway Prison. On Tuesday, 13th April, I heard some person crying out—I went to the cell in which the prisoner was confined—I found two officers there, endeavouring to take hold of the prisoner; he was secured and taken away—I searched him, and found on him this handkerchief, containing a stone—I asked him what he had there—he said, "I have something there; you had better take it away; I might do some one an injury."
THOMAS GRAHAM . I am the surgeon of Holloway Prison. I know the prisoner—I was called to examine him—he was suffering from a bilious headache; I ordered him the necessary medicine, and change of diet for one day—I was afterwards called to Bridge; I found him suffering from a deep incised wound on the left temple, which could decidedly have been produced by such a weapon as this—he was for some days under my care—he had been in health previously—I considered the wound very severe; it would have been dangerous in another locality.
Cross-examined. Q. On what day was it you saw the prisoner? A. On the morning of the day on which I saw the warder—he had a bilious attack, and I ordered him a lighter diet than he had had before, for one day, and medicine—I saw him between 10 and 11 o'clock—I cannot tell whether he had had any medicine before 1 or 2 o'clock—he might wait till 3 o'clock.
GUILTY of Unlawfully Wounding. — Confined Twelve Months from the expriration of his present sentence. (There was another indictment against the prisoner, for the assault upon the witness Spencer.)
ELLEN KING MACQUHAE . I am companion to the Duchess of Cleveland. The prisoner was butler in her service—it was his duty to pay the tradesmen's bills, on receiving instructions from me—about 3d May, 1857, he handed me a list of bills to be paid, and I gave him a cheque for it—it was his duty, after having paid the bills, to bring me the vouchers for the payment—he afterwards brought me this receipt for 27l. 9s.; this was included in the list for which I gave him the cheque.
JOHN SHORT . I am clerk to a wine merchant, at No. 155, Regent Street. I knew the prisoner, as butler to the Duchess of Cleveland—in May, 1857, the Duchess owed us 27l. 9s.; it has not been paid—this receipt on the
invoice is not my writing—(MR. BODKIN here stated that the prisoner would PLEAD GUILTY.
GUILTY .— Ten Years Penal Servitude.
(There were several other indictments against the prisoner.)
545. CHARLES PULLUM (15) and EDWARD WILLIS (58) , Stealing 500 yards of cotton cloth, value 24l., and other cloth, value 18l. 10s.; the goods of Frederick Albert Jordan, the master of Pullum; to which
PULLUM PLEADED GUILTY , and received a good character.— Confined
GEORGE RUSSELL . I am a detective city officer. On 23d April, I went to Mr. Jordan's warehouse, in Noble Street; Pullum was employed there—I called in Willis, and asked him if Pullum was the boy from whom he had received the property—he said that he was—I told him I must take him into custody for stealing the goods which I named.
EDWARD LOWTHER BENTON . I am assistant to Messrs. Pickford and Roberts, pawnbrokers. I produce three pieces of challis, pawned at our shop on 3d April, for 1l., by Willis, in the name of William Jones—I asked him who they belonged to, he said, a person named Edward Willis, in Monkwell Street, and his name was William Jones—here are three other pieces pawned by him on 10th April; he gave the same account then—here are some more pieces, taken on 17th April, but I was not there.
GEORGE WHITLEY . I am assistant to Mr. Sowerby, a pawnbroker, in Chiswell Street. I have two pieces of goods, pawned on 23d Jan., by Willis—he said he brought them from a person in Monkwell Street—here are some other pieces which were not pawned with me.
ALFRED PEFFER . I am assistant to Mr. Reid, pawnbroker. I produce one piece of goods, pawned on 18th Feb., by Willis, for 6s., in the name of John Willis, he said he lived at No. 25, Monkwell Street—there are two other pieces pawned by him on 26th Feb., he gave the same name and address—there are three other pieces pawned by him on the same day.
WILLIAM BRENNING . I am assistant to Mr. Allen, a pawnbroker, in the City Boad. I have two pieces of goods, pawned by Willis on 6th March—Iasked him his name, and he gave the name of Edward Willis—there are four other pieces, all pawned by him.
JAMES HAINES . I am assistant to a pawnbroker. I have a piece of cotton, pawned on 30th Nov. by Willis; and another, pawned on 18th Dec. by him; and two gown pieces, pawned on 20th March by him—I asked him who they belonged to, he said, to a gentleman in Monkwell Street.
CHARLES MARSH . I am traveller to Mr. Frederick Albert Jordan, importer of foreign goods. Pullum has been his errand boy about eighteen months—Willis was employed as packing porter, and has been in the habit of coming there occasionally—since Jan., when we took stock, we have missed about forty-six pieces of goods—these goods produced are part of the missing goods—both the prisoners had access to the warehouse, Pullum more particularly.
Willis' Defence. I have nothing to say, further than that I pawned the goods; I had no idea they were stolen, I gave him the tickets and the money.
WILLIS— GUILTY .— Confined Twelve Months.
Before Mr. Justice Crowder and the First Jury.
BARROW PLEADED GUILTY .— Fifteen Years Penal Servitude.
MR. GIFFARD conducted the Prosecution.
CHARLES RUDOLPH HUGH WESSEL . I am assistant to the manager of the Union Bank of London. On 6th Feb., the prisoner Barrow brought a letter there from Mr. Hindley, and signed his name in the signature book at that time—in consequence of that letter, and what he said, an account was opened in the names of Barrow and Hammond, in the bank—In a few days afterwards, Hammond came and signed his name in the book—I have the book here, it is dated 6th Feb., "Barrow and Hammond, stationers, 72, Basinghall Street,"and introduced by this letter—at the time Borrow came, on 6th Feb., he deposited a number of bills with me—this (produced) is one of them—the last entry in this cheque book, is the writing of Hammond.
CHARLES RUDOLPH HUGH WESSEL (continued). This bill is dated London,19th Jan., 1858, "Three months after date, pay to our order 45l., value received, Barrow and Hammond. To Richard William Preston, Nottingham. Accepted, R. W. Preston"—this bill, together with others, was discounted by the bank, and carried to the prisoner's account—I cannot say whether both the partners drew from time to time on the bank; that is not in my department—thesetwo cheques (produced) are both drawn by Hammond; one is for 200l., and the other for 400l.—they are in the name of the firm—this other bill was deposited at the same time, and discounted and cashed at the bank—this is the same date as the other; this is addressed to Wilkins and Son, Derby; it is for 38l. 10s. 4d., drawn by Barrow—there are three other bills—this next is dated 20th Feb., at three months, on Reed and Co., Epworth, for 59l. 10s. 4d.—the next, 11th Feb., 1858, for 28l. 5s. 6d., on Capes Brothers, at Epworth—the next, 27th Feb., 1858, at three months, for 58l. 13s. 1d., on Read and Co., Epworth—these last three bills are drawn by Hammond—all the bills appear in the book, entered in Hammond's writing—thelast three bills were carried to the credit of the firm.
Cross-examined by MR. GEARY. Q. Who brought these bills? A. Two of them were brought by Barrow; the one for 45l., and the one for 38l. 10s. 4d.—the others, I could not say; they paid, in cash, 200l.—they had drawn more than 200l.
COURT. Q. How long did this continue? A. About two months.
GEORGE WILKINS . I carry on business with my father, at Derby, as a stationer. The acceptance to this bill, of 38l. 10s. 4d., is not in my writing, or my father's—I do not know either of the prisoners—I had a small transaction, some time ago, with the firm, through their traveller; it was for 27s.—I bought goods, and paid for them when they came ronnd—our firm is William and George Wilkins, and they have put on the bill, Wilkins and Son.
WILLIAM READ . I am a stationer and draper, living at Epworth, Lincolnshire. The acceptances on these two bills, for 58l. 13s. 1d. and 59l. 10s. 4d., are not my writing—there is no other firm of my name at Epworth—I have known the prisoner Barrow for gome years.
Cross-examined. Q. Did you know Hammond? A. I have seen him—I have known Barrow and his parents—his character was good—I had one transaction with him; only one.
THOMAS HAWKSLEY CAPES . I am a draper and druggist, at Epworth, in partnership with my brother, under the style of Capes Brothers. This acceptance, for 28l. 5s. 6d., is not ours, nor written by our authority—there is no other firm of that name there.
acceptance on this bill of 45l. is not my writing, or written by my authority—I am the only person carrying on business there as a bookseller.
Cross-examined. Q. Have you had any transaction with the firm of Barrow and Hammond? A. I had with their traveller, to a small amount, 55s.
JAMES BRETT re-examined. I went, in company with Spittle, on 26th April, to take Hammond—I followed Spittle in, and saw Mr. Hammond in the counting house—I said, "Mr. Hammond"—he said, "Yes, my name is Hammond"—Spittle said, "I have told him we are detective officers"—I then produced these two bills; this for 45l. accepted by Preston, and the other for 38l. 10s. 4d. on Wilkins and Son—I said, "You will have to consider yourself in custody, on the charge of forging the acceptances to these two bills, unless you can give some account of them"—I read the bills, and showed him the acceptances; he said, "What are you going to do with me?" I said, "To take you to the police station;"he said, "I did not forge them; but I should rather my partner were present"—I took him to the police station—I found some pieces of paper; Spittle gave me the key of the drawer that they were locked in—on these papers here are the names of R. W. Preston, Read and Co., Wilkins and Son, and a number of others.
JOHN SPITTLE . I went with Brett to take Hammond into custody—I asked him whether he knew the bills; he said he did—that was after Brett had shown him the bills—I asked him whether he could account for the false acceptances on them; he said he would rather not say anything with respect to that in the absence of Mr. Barrow, but that he could say he had not forged them—the key that I gave to Brett, I took from the prisoner Barrow—Isaw Brett open the drawer.
JAMES BRETT re-examined. I found five keys on Hammond, but they would not open that drawer—the drawer was under the desk—there were two desks in the counting house—Hammond's key opened his own drawer, and Barrow's key opened his drawer.
(John Russell, a merchant, gave Hammond a good character.)
HAMMOND— GUILTY.—Recommended to mercy by the Jury, on account of his character. — Fifteen Years Penal Servitude.
MR. GIFFARD conducted the Prosecution.
JOSEPH TURNER . I am manager to Mr. William Peck, a manufacturer of leather goods, in Nelson Square, Blackfriars. On 2d April, Barrow called on me about manufacturing some goods, which he wanted as part of a shipping order; he had a folio paper in his hand, which I presumed to be the order—Iundertook to manufacture and deliver the goods—he asked me how long I should be about them—he read what he wanted—I said if he would allow me I would take a list of them—I got the order book, and entered them—I asked how long he could give me to manufacture them; he said a fortnight, and I undertook to have them ready by that time, and he went away—I had a little more conversation with him, but nothing material—he read them from this paper, and I copied them into the order book—I cannot positively swear it was this paper—he read a list of things which I entered—he said, the order was particular to time, because he wanted it for a shipping order—on the morning of 3d April, which was the morning the goods ought to have been delivered, Hammond came and asked if the goods were ready; I told him yes, or nearly so—he asked me whether I could oblige him with the invoice of them; I
said, yes, and brought it—I said they were a good parcel of goods; he said he was very glad of it; I said so was I, as it was for an export order; he said yes, they were going to the West Indies—the goods were sent to their factory, and I have seen them since at the pawnbroker's—I should have furnished the goods just the same if he had not said they were for a shipping order.
AUGUSTE EMILE CLEMENT SHEIDEL . I carry on business at No. 58, Watling Street, and am a dealer in fancy leather goods. On 26th April, Barrow called on me about some goods; he told he was going to leave town for Birmingham—he made a selection of goods, and wanted them sent in by 2 o'clock, as he was going to leave town that evening, and he wanted to mark them before he left—they sent again for the goods, as we had not delivered them at the time—I sent them in; I saw them again at the pawnbroker's.
NOT GUILTY .
DANIEL THOMAS JONES . I am a labourer; the prisoner is my brother. On 14th April, I was at Mr. Burchet's carpet ground, in Maiden Lane—the prisoner was at work at the other end of the ground—the deceased and I left the ground, and the prisoner asked him what he was going to stand; the deceased said, "I will be a quartern to yours"—I went to the public house, and they were quarrelling—the deceased did not seem to wish to go away, but he was rather wranglesome—the prisoner asked to have the gin, as he had challenged it, and the deceased struck him in the mouth—that was inside the house—they both went out—I went out in two or three minutes afterwards, and the deceased was on the kerb, and he rolled off.
Cross-examined by MR. RIBTON. Q. Has the prisoner been quiet, well conducted man? A. Yes.
CHARLES WATERS . I live at No. 2, John Street. On 14th April, I was employed by the deceased—I did not know his name—I assisted him with some carpets, we then returned to the public house near the New Market Inn—the deceased came out first, ready to start off—the prisoner came out, and wanted to be a quartern to a quartern—the prisoner struck the deceased—I think he struck him twice—the deceased fell, and rolled into the gutter, and his face was downwards—he did not move afterwards—he fell off the kerb.
Cross-examined. Q. Had he been drinking a good deal that day? A. Yes; this happened about ten or twelve minutes past 1 o'clock—I first saw him about 11 o'clock; he was not dead tipsy; he was capable of doing his work.
Cross-examined. Q. Had he had an injury before? A. Yes; in carrying a chest of drawers up stairs, he fell and hurt his skull, just at the back of his head—he has complained to me about it—it was about two years ago; he has complained at times that he appeared giddy of a morning.
ROBERT THOMAS (Police sergeant, S 13). I apprehended the prisoner on 14th April—I told him what it was for, he said, "Very well, I can't help that"—on the way to the station, he said, "If I had not been inebriated, it would not have happened; they cannot hang me for this"—and at the station he said that he knew nothing about it.
deceased—he had an extensive bruise immediately behind the right ear, extending backwards, and down on the right side of the neck the skin was slightly bruised; it was not a wound—I rather think it must have been occasioned by the fall on the kerb stone—I made a post mortem examination, and, on turning the bones of the skull, I found several small branches from the temporal artery ruptured—the skull was not broken, the membranes were perfectly healthy, except at the crown of the head, there they were considerably matted together—the ruptured vessels corresponded with where the bruise was—there was about three ounces of blood in the base of the brain, pressing on the top of the spinal cord—the cause of death was the pressure of blood on the brain—which I believe was caused by the fall—there was nothing else to account for death.
Cross-examined. Q. Do you hear that he met with an accident two years before, and was subject to giddiness; might that have been so great as to cause him to fall? A. I examined that place, it seemed to be an old injury, and round it there were no symptoms of congestion—undoubtedly a man subject to giddiness might be so excited by drink, as to cause him to fall down—I think in this case the rupture must have been caused by the fall.
GUILTY of Manslaughter. — Confined One Week
THIRD COURT.—Wednesday, May 12th, 1858.
PRESENT—Mr. Ald. SALOMONS; Mr. Ald. CUBITT; Mr. Ald. HALE;Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
549. JOHN BROWN (25), ALFRED TURNBULL (25), and HENRY JONES (18) , Stealing 1 coat, 1 pair of trousers, and 1 waistcoat, value 2l. 14s., in a vessel on the Thames; Turnbull having been before convicted to which
TURNBULL PLEADED GUILTY .— Six Years Penal Servitude.
BROWN PLEADED GUILTY . *— Confined Twelve Months.,
JONES PLEADED GUILTY .— Confined Nine Months
550. JAMES EDWARDS (25) , Stealing 14 yards of silk, and 2 ivory toys, value 5l., the goods of William Palmer, in his dwelling house; also, 1 box, 1 coat, 8 collars, and other articles, value 5l. 8s., the goods of Alfred Groate; also, 2 watches, 1 neck chain, 2 brooches, and 2 gowns, value 25l., the goods of Margaret Jarvis, in her dwelling house, and 1 watch and 1 suit of clothes, value 6l., the goods of Alfred Jarvis; also, 12 knives, 1 opera glass, and other articles, value 15l., the goods of Mary Humphries, in her dwelling house; having been before convicted: to all which he
PLEADED GUILTY .— Four Years Penal Servitude.
551. WILLIAM GRIFFITHS (36) , Stealing 1 gas branch and 44lbs. weight of leaden pipe, value 8s., the goods of William Brown, fixed to a building; also, Burglariously breaking and entering the dwelling house of William Brown, at St. James', Clerkenwell, with intent to steal: to both which he
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .**— Confined Fifteen Months.
553. HENRY CARNEY (14) , Stealing 1 handkerchief, value 2s.; the goods of Henry Brown, from his person; having been before convicted: to which he PLEADED GUILTY.—( City policeman, 571, stated, that he was refused admission to a reformatory asylum, on his last Conviction, on account of his squinting, and also that he was a Roman Catholic.)— Judgment Respited.
PLEADED GUILTY .— Confined Six Months.
555. LOUISA MOUTOT, alias Constance Brown (36) , Stealing 1 bracelet, value 320l.; the goods of John Hunt and others, in the dwelling house of the prisoner; also, Unlawfully obtaining 1 ring, value 31l. 10s., and 1 bracelet, value 15l., the goods of Thomas Samuel Ray, by false pretences: to both which she
PLEADED GUILTY .— Six Years Penal Servitude.
MESSRS. POLAND and LEWIS conducted the Prosecution.
HENRY M'CARTHY . I am shopman to Mr. Hayes, a china and glass dealer, of Skinner Street. On 3d April, the prisoner came for three jugs; they came to 2s.—he put down a half crown; I found it was bad, and told him so—I asked him where he got it; he said that a man at the corner of Farringdon Street gave it to him, and told him to go for the jugs—I gave him in charge.
CHARLES JOHN FOSTER (City policeman, 269). I took the prisoner—I went with him to the corner of Farringdon Street; I found no one there—I was in uniform—I searched him at the station, and found 2 1/2 d. on him—he said that he lived in Duke Street, Oxford Street; I asked him the number, and he said that he did not know.
NOT GUILTY .
WALDRON PLEADED GUILTY . **— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
JAMES BRETT . I am a detective officer of the City. On Monday afternoon,10th May, I was outside this building, about 3 o'clock, and saw a crowd—two women were quarrelling—I crossed from one side of the Old Bailey; I crossed to see what it was about, and had only just got into the crowd, when I saw Waldron's right hand under his left arm, leaving my waistcoat pocket—my watch was in his right hand; I was standing on his left—he had some bread and meat in his left hand—my watch was detached then; it had been attached to this hair guard, as it is now—I saw his hand, with the watch in it, pass to the hand of Hartley, who was standing close to him—they dropped it between them; I cannot say whose hand it dropped from, but Hartley picked it up—I collared Waldron immediately, as this only took a second or so, but when I saw the watch picked up, I let go of Waldron, collared Hartley, took the watch out of his right hand, and put it into my pocket—I pulled him into the road, collared Hartley a second time, and they were secured—Hartley said, "It's a bad job, and cannot be helped," or something of that sort.
Cross-examined by MR. SHARPE. Q. Was Waldron standing on the edge
of the crowd? A. No; we were right in the crowd—their hands were downwards at the time they touched.
JOSEPH WASS (City policeman, 276). On Monday afternoon, I was attending here on duty—I took Hartley in custody to the Smithfield station—Ifound 2s. 6d. on him—after the charge was read over to him, he said that it was a bad job, and could not be helped.
JURY to JAMES BRETT. Q. Did he move away with the watch? A. Yes, as far as I could reach—he picked it up, and put it into his right hand—I had to reach as far as I could to get hold of him.
HARTLEY— GUILTY .**— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
JOSEPH DEEBLE (Policeman). On Sunday last, I was in Petticoat Lane, about 12 o'clock in the day, and saw the prisoners there—there was a great crowd—a gentleman pushed through the crowd, and Brown was on one side of him, and the prisoners on the other—Brown turned his face towards the gentleman, so as to be in his way, and Hartley took a watch out of his pocket—it was fastened by a silver chain—I saw him break the chain—I went up to take the prisoners, but there was such a crowd, that it was impossible—Itried to communicate with the gentleman, but I do not believe he knew he had lost it—I have never seen him since.
Cross-examined by MR. SLATE. Q. Did you know Hartley? A. Well—there were thousands in the crowd, and a great number between me and Hartley—the gentleman was off his feet, and the rest were pushing—I have not found the watch—I was not on the look out to nail Hartley, but I had my eye on him—I gave information to the police half an hour afterwards.
NOT GUILTY .
JOHN STEPHENS . I am landlord of the Black Swan, School House Lane, Ratcliffe. Last Monday morning, I was called up by the police between 3 and 4 o'clock—I. got up, and found the yard door open, and the kitchen window forced up—this bowl, which contained silver, was put on the counter, and this till was outside the bar—I missed some coppers, and 3s. or 4s. worth of silver—I was the last person up the night before—I went to bed about 1 o'clock—the kitchen window was then secured by a bolt, and the yard door was shut and fastened—a person could get in by forcing up the window.
SARAH KENEY . I am the wife of Patrick Keney, of No. 15, School House Lane, near Mr. Stephens. I was called up by the police at five minutes past 4 o'clock last Sunday morning—I went into my kitchen, and found the back door bolted; it had not been bolted when I went to bed—I went up stairs, and found the prisoner in the top room—I did not know him before—Iasked him what he came there for; he said, "I followed a man from Lime-house gas works," but what else he said I do not know, as I was in a fright, and shivering—the police came and took him.
Prisoner. Q. Did I not tell you that the woman up stairs allowed me to stop there for the night? A. No—my mother-in-law was sleeping up stairs—shewas awake, and was talking to you—she made no alarm, because she thought you were the boy belonging to the place.
SAMUEL HASE (Policeman, K 114). I heard a noise in the Black Swan—Icould hear two persons in the house—I got assistance, returned, borrowed a ladder, looked over the back wall, and saw the prisoner with this till in his hand, just outside the back door—he saw me, and ran, crying out, "Look out, Bill"—he dropped the till—I ran to the front door, and found it was fastened inside—I came back again, got on the ladder, and called Mr. Stephens—I got into the house, but saw no more of them—Sergeant Simpson took the prisoner.
Prisoner. Q. Did you not say, on the way to the station, that you could not exactly swear to me, but you could swear to my cap? A. No—I have known you some time—I was about four yards from you, when I saw you with the till.
JOHN SIMPSON (Police sergeant, K 21). I searched the house next to the Black Swan twice, and on the second search found the prisoner up stairs, and took him into custody—I asked him what he did there—he said that he had come there to sleep, and had been there two hours—he was dressed—I asked him what he did at the Black Swan yard, a short time back—he said that he had not been there at all—I took him to the station, and asked him if he had any money—he said, "No"—I searched him, and found 6d. in his watch fob—it was half an hour after that he was found in the house, not two hours.
Prisoner. Q. Did not I say, "None to my knowledge?" A. No.
Prisoners Defence. What he says is false; he said he could not swear to me, only to my cap.
GUILTY .—He was further charged with having been before convicted.
WILLIAM HUCKSTEP (Policeman, K 293). I produce a certificate—(Read:"Central Criminal Court; Thomas M'Carthy, Convicted Sept., 1857, of burglary; Confined three months")—I was present—the prisoner is the person—he was also tried for house breaking last Feb., and acquitted.
GUILTY.— Confined Eighteen Months.
FOURTH COURT.—Wednesday, May 8th, 1858.
PRESENT—Mr. RECORDER; and Mr. Ald. HALE.
Before Mr. Recorder and the Fifth Jury.
WYER PLEADED GUILTY .— Confined Twelve Months.
MR. POWER conducted the prosecution.
HENRY WEBB . I am a detective officer. I was employed to watch Mr. Underwood's premises for some time previous to the 10th April last—on that morning, about a quarter or half-past 8 o'clock, I saw Butler come to the warehouse, from Eastcheap—he opened one of the doors and pulled the shutters down, at the same time looking up and down the street, St. Mary-atHill—hethen went into the warehouse and came back again, standing on the step of the door, and looked up and down St. Mary-at-Hill—he then went back into the interior of the warehouse, and in a few minutes brought this bottle containing gin, and pulled it just within side of the half of the door at the same time—he was standing by the side of the bottle when Wyer stepped from the opposite side of the road, took the bottle up, crossed the road, and went into the firm of Harrison and Co., distillers—about a quarter of an hour.
after Wyer was in custody, I went to Mr. Underwood's and asked for Butler—Iascertained that he was not there—I went away, returned in half an hour, and he was not there—at a quarter before 11 o'clock I went again, and I then found him at Mr. Underwood's, in the warehouse, and requested him to go to the Seething Lane police station with me, and asked him if he had seen or knew anything of a bottle of gin—he said "No"—I took him to the station, showed him the bottle containing the gin, and asked him if he had seen that before, that morning, or if he knew anything at all about it—he said that he did not.
Cross-examined by MR. COOPER. Q. Was there not another officer named Moss with you? A. Yes—I was in a house opposite the warehouse when I saw this—he did not open both the doors—he went in at the office door—I saw Butler distinctly bringing this bottle from the interior of the warehouse to the door—I could see right into the warehouse—I saw that bottle in his hands, and he was standing by it when Wyer fetched it away—when I asked Butler if he had seen that bottle of gin before, I did not tell him I had seen him; I did not think it proper to do so.
JOHN MOSS . I am a detective officer. I was with the last witness on the morning of 10th April—I have heard his evidence, and corroborate it; about half-past 8 o'clock on the Saturday morning, I saw Butler open the warehouse doors leading into St. Mary-at-Hill—he then waited at the door, looking round, and went back into the warehouse, and came forward again, and looked about, as if to see if any one was near; at the same time Wyer came over and took the bottle away—while I had charge of Wyer, Butler brought over this small hamper and basket and gave them to Wyer (produced).
JOSEPH UNDERWOOD . I am the prosecutor's son. I am engaged in business with him—I did not authorize Butler to give away any gin or bottle of gin—that bottle undoubtedly belongs to our firm—I have tasted the gin too, and know it.
Cross-examined. Q. I believe the prisoner has lived with you some years? A. Yes, sixteen or seventeen years—he came from Norwich—I believe his family is very respectable.
BUTLER— GUILTY .— Three Years Penal Servitude.
SIMS PLEADED GUILTY .— Confined Six Months.
GEORGE WATKINS (City policeman). At a quarter before 6 o'clock, on the night of 28th April, I was on duty in Shoreditch—I met Rush and Harris together—I afterwards saw them joined by Sims—they stood talking about a quarter of an hour—a lady came up, looking in at a window; Harris went before her, and the others went one at each side of her—one of them tried the lady's pocket, but she had nothing in it—they then went away, and I followed them all to London Bridge—they met an old lady there, and stopped to look at her about half a minute, and then went after her and caught her up—they surrounded her, one being at her back, the others at each side, and tried her pocket—I walked over, and asked her if she had lost anything; she said, "Nothing"—I then followed them back to Shoreditch, where they again met a lady, surrounded her, and tried her pocket—I spoke to the third lady, and, in consequence of what she said, I took the prisoners into custody—nothing was found on them—I then went back, and, near the place where this had happened, I found this purse—I found on Harris two sixpences and 4d. worth of halfpence.
Rush. Q. Did you not go to my mother's, and find my work there? A. I went, but could not find your mother; I did not find your work there.
HANNAH CORNER . I am the wife of Ellis Corner, of Whitechapel—I was, in Shoreditch, on the evening in question, looking at a window—the three prisoners came up to me—the policeman spoke to me, and I missed my purse—thisis it—there was only 6d. in it.
HARRIS— GUILTY .— Confined Six Months.
RUSH— GUILTY .—She was farther charged with having been before convicted.
GUILTY.— Confined Twelve Months.
ALICE MORTEN . I live at No. 2, Swan Street, Dover Road. About half past 1 o'clock, on the morning of 7th May, I got out of a cab in Fleet Street—Iwas alone—I saw two women, of whom the prisoner was one—they came up and asked me for a penny—I told them I had not one, or I would give it them—they said, "You don't look like a person that has not got one"—I walked on—I had not gone two steps, when they both pulled my mantle off with such violence that I fell to the ground—I got up, and called out as loud as I could—the prisoner ran off with my mantle—she was stopped by a policeman—three persons ran after her, and one caught her—she was out of my sight when she was taken—she had not the mantle upon her when she was taken—the prisoner is the person.
THOMAS HARLING . I am a messenger at the telegraph office, and live at No. 36, Merrow Street, Walworth. I was in Fleet Street on this morning, and saw the prosecutrix—the prisoner pulled off her mantle; I ran after her.
She was also charged with having been before convicted.
GUILTY.— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
ELIZABETH TOPP . I live at No. 6., Francis Street, Vinegar Ground. On Sunday morning, 2d May, about 2 o'clock, I let somebody out—I saw the prisoner, I spoke to him, and he came in—I said, "What is it going to be? what are you going to give me?" he said, "Come to the door, and let us speak"—then I went to the door, and then he tore my shawl from off my shoulders, and struck me—I did not struggle with him, the blow was too violent—it almost stunned me, the second blow; it knocked one of my teeth out—I saw him with a constable a few minutes afterwards—this is the shawl and pin (produced)—the pin is broken—the shawl is not worth much now, but it cost me 30s.
Cross-examined by MR. THOMPSON. Q. You say you let somebody out; was that a man? A. Yes—the prisoner was standing near the door doing
nothing—I only said to him, "Come in, my dear"—he came in directly—whenhe came in, I said, "What are you going to give me?" he said, "if you will come to the door, I will speak to you," and immediately left my room, and went to the door—what took place happened in front of thg doorway, in the street—he was just outside the door—I very seldom go to the house where this happened—this was in Henrietta Street—I live in Francis Street—I have never had quarrels of the same description with men before—Ihave been at the Police Court once before; some months ago—I went there because a man wanted to do that which was improper to me—since then I get my living by that—I worked for my living then—I had that man locked up—he had three months.
MR. ORRIDGE. Q. How long is that ago? A. About three months—thatoccurred before I began to lead this improper course of life.
WILLIAM TWIST (Policeman, N 456). I was on duty in the neighbourhood of the Vinegar Ground, about 2 o'clock in the morning, on 2d May. I heard a cry of female voices; I went in the direction, saw the prisoner, and stopped him—I asked him what he was doing; he said he was going home; I said I should take him back—he had this shawl under his arm, and dropped it—I stooped to pick it up, and he darted from me and ran away—I followed, and caught him in Tabernacle Street—he then turned round, and sparred up to me—as I got hold of him, he said he would go quietly—I took him back and saw the prosecutrix; she identified the shawl and the prisoner—she was bleeding very much—I took the prisoner to the station, searched him, and found this piece of iron on him (Producing a bar of iron, about fifteen inches long.
Cross-examined. Q. What has that bar of iron to do with this case? A. I thought the blow might have been struck with it—the neighbourhood is a very bad one—there are fights in the houses nearly every night—I did not say I saw the shawl under the man's coat—I saw him drop it—it might be about 100 yards from the house; I have not measured it—I did not see the prisoner with the woman at all—the pin was sticking in the shawl as it is now; it was bent—I have made inquiries about the prisoner since this affair, and cannot find anything against him.
GUILTY .— Confined Eighteen Months.
MR. ORRIDGE conducted the Prosecution.
ELIZA HOOPER . I live at No. 108, Pennington Street, and am a widow. On the night of 9th April, I went to bed, leaving my house locked up—I was the last person up, and saw everything was fastened—my attention was called to my kitchen the next morning, about half past 6 o'clock, by one of my lodgers—the kitchen window was open—I had fastened it the night before—threepanes of glass were broken—there was no latch to the window—I missed a shirt that was on the line in the back kitchen—when I went to bed the water pipes, were quite safe—they laid upon the wall in the morning—theywere cut clean off—I afterwards saw the shirt; this is it (produced)—thewater pipe, and the pieces which had been taken off, fitted together.
Cross-examined. Q. Did the pipe appear to have been cut off, or screwed off? A. It appeared to have been cut first, and screwed off afterwards.
THOMAS DUGARD . I live in the same house as the last witness. I remember the morning in question—I had been out at work, and came home at a quarter past 6 o'clock, and caught the prisoner in the yard—I said, "Halloo! what are you up to there?"—he bolted over the wall; I went after him, and one of my men nabbed him—he had this piece of pipe hanging out of his
pocket, and he pulled the other piece out, and gave it to me—I compared it with the pipe in the kitchen; it corresponded.
RICHARD KENWOOD (Policeman, H 194). I took charge of the prisoner from the last witness, on the morning of 10th April, between 6 and 7 o'clock. I took him to the station, searched him, and I found on him a blue shirt, ten keys, a knife, a tobacco box, and a parse—at the station house, he said he was guilty of taking these things—the keys are skeleton keys, used in entering houses—he got in at the back wall into the yard, and then into the back kitchen—it might be done with very little trouble, and would not take long—Iwas at the Police Court when he was examined—he said he would be the death of "Childs," if ever he was set at liberty again.
THE COURT considered that there was not sufficient evidence to prove the burglary.
GUILTY of Housebreaking.
He was also charged with having been before convicted.
CHARLES EDWIN DODD (City Policeman, 511). I produce a certificate—(Read: "Central Criminal Court; Henry wilcox, Convicted Nov., 1856, of stealing a box of herrings; Confined six months.")—the prisoner is the man.
GUILTY.**— Six Years Penal Servitude.
GEORGE LEGG (City policeman 440). I was on duty in the city on 6th May—I saw the prisoner putting his hands into several gentlemen's pockets—I followed him for about an hour—I saw Mr. Lawes walking with another gentleman—I saw the prisoner go up to him, put his hand into his pocket, and take out his handkerchief (produced)—I took hold of him, and took the handkerchief from his trousers' pocket; he seized me by the throut, and said I was a d—vagabond, and wanted me to say what I took him for—I replied, "For picking pockets"—he said, "Me no understand English."
GUILTY .**— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
MARTHA ARLOW . I am housekeeper to Mr. Cork, a builder, in Tower Street. He has a house at 17, Harp Lane—that is where I act as housekeeper. On Saturday afternoon, May 1st, between 5 and 6 o'clock, the two prisoners, came there—Knight went up and got his great coat—he was very much the worse for liquor, and I asked him to sit down in my room, which he did—the other man came up with him—when "Knight unlocked the door, Lawrence went into the warehouse—I saw him antying the papers—he tied thein up, and took them down stairs—Knight then went down; ne did not see Lawrence take the papers down—while Knight was sitting in my room I could see into the warehouse—Knight followed Lawrence down stairs soon after he went—Knightsat in my room a few minutes—as he sat he could not see Lawrence take the paper down.
Cross-examined by MR. LILLEY. Q. Had Lawrence been working there? A. I did not know whether he had or not—he had been working on the premises—I cannot say how long before—I do not know whether it was more than a few days before—I do not know when the men are at work, except when they come up near my room—I had seen him there several times—the warehouse is at the top of the house—my room is on the same floor, opposite—when
I saw him with the papers he was looking at them; I afterwards saw him tie them up and bring them down—what he brought down was rolled up—itwas a good size—some such a parcel as this (produced), but not quite so large perhaps—Lawrence did not speak to me—I do not think he came to my room at all—I was not up there all the time; I was down stairs doing the offices—I do not know whether I spoke to him down stairs when he came in—Ido not remember that I spoke to him when he went down—I said nothing to him—I did not know but what he came after business.
Knight. Q. Has not Mr. Cork been with Lawrence many times in that room and given him things? A. Well, he has been many times there, certainly—Ihave seen him come up there often.
WILLIAM WRAY CORK . I am a builder, having premises at No. 17, Harp Lane. The prisoners have been in my employment—Knight as foreman of the store for about fifteen years; he is not a mechanic; and Lawrence about the same time, on and off—he had not been in my employment for the fortnight before this happened—he had no business to be on my premises on that afternoon—the room mentioned by the last witness is where I keep my stock of paper hangings—I have looked at these papers produced, but I cannot swear to them—in consequence of information, I sent for Lawrence, the following evening, Wednesday, 5th May; I asked him how he came to be on my premises when I was gone into town, the Saturday night, and said, "You could have no business there at all"—he said he came after a broken auger—Isaid, "You could have no auger up there; what did you do with the bundle of paper hangings that Mrs. Arlow saw you take up and carry down stairs?"—ne said it was a bundle of paper hangings that he bought on Saturday afternoon, of the Jews in Petticoat Lane, and took up stairs while he looked for the auger—I said, "What! Petticoat Lane on a Saturday? there is no business done there"—he said, "Yes, I have, and I have bought another bundle this morning in Bishopsgate Street?"—I said, "Have you any notes of them? If you will take me to the persons whom you bought them of, or to whom you disposed of them, I shall be satisfied; otherwise, I must take you to the Lord Mayor, and see if he will believe that story"—he said that he did not know them, and went away—I had told Knight on the Saturday, when I paid-him at 2 o'clock, that he need not come back any more—Lawrence had no business there at all for anything.
Cross-examined. Q. You are not a manufacturer, I believe? A. No, a builder—I do not know that the manufacturers sell the same patterns to all who will buy them—I dare say they do—Lawrence had worked for me on and off for fifteen years—these pieces of paper are remnants; I do not know how long they are, I did not measure them—they are regular pieces of paper—I did not see Lawrence in Bermondsey Street about this time—I had not seen him for two or three weeks before this—I never saw him after this happened, except at my own place—I know where Bermondsy Street is well.
Knight. Q. Have you not always told me, Sir, to call there of a night? A. No; I did no such thing.
COURT. Q. Did you know Knight kept his coat there? A. No, I did not—he ought to have taken his coat away with him at 2 o'clock.
MR. ORRIDGE. Q. Are these pieces of paper patterns? A. They are remnants—they are not given out as patterns.
JOHN SHELDINKE . I am in the employment of Mr. Cork, On Saturday,1st May, in the afternoon, I saw Lawrence—that was about a quarter to 5 o'clock—I saw him go into Mr. Cork's house; he had a pot of beer, and a small basket on his shoulder—I did not see anything else.
Cross-examined. Q. Were you at work? A. I had been at work for Mr. Cork—I work as a bricklayer—I was there to receive my money—I was in Harp Lane when I saw Lawrence—I was in the lane—I saw John Knight, as I was going home, on St. Dunstan's Hill—I spoke to him, and he said, "Well, stop a minute while I fetch my coat, and I will go with you," and he went in—I was not at work there at all that day—I was only passing down Harp Lane—I do not know whether Lawrence had been in the house before—when I saw Lawrence go into the house, he went in with Knight; I am sure of it.
CORNELIUS BASSETT (City policeman 593). I took Lawrence in the Bermondsey Road last Thursday—I told him I was a police constable, and he must consider himself in my custody, for stealing a quantity of paper hangings in Harp Lane—he said, "Yes"—I saw a bundle of paper hangings in front of his house—there is a large court full of timber, and this was lying just inside the gate leading up to it—I believe he deals in odd pieces of timber, and does a little business in his own court—he said, "No, that is not the bundle"—I said, "What have you done with that bundle?" he said, "I have sold it to different persons;" he did not know any one person that he had sold a portion of it to—I said, "Where did you get it?" he said, "I bought it of a boy in Barbican, for a half crown, and I took it with me to Mr. Cork's, and I had a small basket of tools with me at the time"—I questioned Knight on the same morning, not in Lawrence's presence—I asked him whether he had seen Lawrence since Saturday night, he said he said he had not—I said, "Are you quite sure you have not seen him?" he said he had not; and afterwards said that when the housekeeper spoke to him about the paper that was taken away on the Saturday nignt, he went over and saw Lawrence about it—when I apprehended him, he told me he was so drunk that he really did not know whether he had taken away any paper or not; he remembered his having a bundle, but whether that was it or not he could not say.
Cross-examined. Q. Where were you when this look place? A. At his house—I know that he is deaf.
The prisoners' statements before the Magistrate were here read as follows: Lawrence says, "I can prove that I bought that paper on Tuesday morning, in Bishopgate Street, from a man with a truck, and gave 6s. for it." Knight says, "I know nothing about the paper; I never see the man take it away."
The COURT considered that there was no case against KNIGHT— NOT GUILTY .
LAWRENCE— GUILTY .— Confined Six Months.
OLD COURT.—Thursday, May, 13th, 1858.
PRESENT—Mr. Baron MARTIN; Mr. Justice CROWDER; Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. ROSE; Mr. Ald. MECHI; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Baron Martin and the Fourth Jury.
567. WILLIAM LAKEY (37) , Feloniously casting away and destroying, on the high seas, a certain vessel called the Clipper, with intent to prejudice the owners and underwriters of a policy of insurance on the said vessel.
MR. WILDE, Q.C., and MR. BODKIN conducted the Prosecution.
on business as insurance brokers, at Lloyd's. I received instructions to effect an insurance with respect to a vessel called the Clipper—the prisoner came at the time the order was given; it was on 2d March—Captain Bullard brought the order, with the prisoner—my partner has the policies; these are them (produced)—I find here a policy for 800l. on the body of the ship; I did not receive the order for that; I only speak to the insurance on the captain's effects—I received instructions for that; it was for 150l.—I remarked to Captain Bullard, in the prisoner's presence, on that order being given, that "Captains sailing in that class of vessel seldom insured for more than 100l."—I think Captain Bullard, speaking for him, said that his wife would accompany him on the voyage.
Cross-examined by MR. SERJEANT BALLANTINE. Q. There has been no claim that you know of made for any loss, has there? A. It has not been put forward at present—no claim has been made—(The policy was read; it was for 150l. on the master's effects).
JOHN LACEY . I am in partnership with Mr. Foster. This policy, for 800l., was effected with me—it is a policy on the ship—Bullard, King, and Co., gave me the order for it; it was a written order—this is it (produced)—Captain Bullard handed it to me—I saw at Lloyd's, I think on the Monday morning, that the vessel was lost, and Captain Bullard came up later in the day, and informed me of it as well—he brought me the protest, to make a claim on that policy, two or three days afterwards—(The policy was dated 8th March 1858 for 8001., the ship being valued at 1,200l.)
SAMUEL BULLARD . I am a member of the firm of Bullard and King. I was a part owner of this vessel—I have no recollection of taking this protest to Mr. Lacey; I would not say I did not; I have no recollection whatever—Ido not remember the day I went to Mr. Lacey, but it was about the time he stated, I have no doubt—I should say this is the prisoner's handwriting on this protest—I remember taking this paper to Lacey and Foster, but this does not allude to the Clipper, I think; yes, I see it does—an insurance of 800l. on the Clipper, valued at 1,200l., for twelve months, without restriction.
Cross-examined. Q. What was the value of the vessel? A. She was valued at 1,200l.; that was what she was valued at at Lloyd's, but she cost considerably more—I mean since we have had her, what she has cost us; she has cost us 1,600l., and in reality more, but that we have got bills to show—theowners of the vessel would lose by her considerably; if we got every farthing of the insurance, we should lose hundreds of pounds by her—in reality she has cost 1,900l., but we have got vouchers to show that she has cost 1,600l. and more—I have known the prisoner above thirty years—I cannot say whether he has always been a seafaring man—when I knew him first, it was thirty-three or thirty-four years back; he was then a little child—Ihave since then lost sight of him occasionally—the freight was not insured one farthing—she was chartered out and home for 1,200l. freight, and not a penny insured—if they had made the voyage, they would have brought home freight with them.
MR. WILDE. Q. You say you knew the prisoner when he was a child—didyou know anything of him since, until he came back captain of this vessel. A. From only occasionally seeing him, when I have been at certain ports—last voyage he was mate of the ship; the captain was drowned, and he brought her home—he came to me to purchase part of the ship—he bought one-eighth; he was to pay 100l. for it, and he would have to pay his proportionate part of the outlay that made the 1,200l. value—he paid 100l. as she was, but there would be an outlay to come against him, on the return
of the ship—that would amount to 800l. and 478l.; I mean on the outlay of the ship, the stores that were put aboard of her, and the carpenter's bill—that would come to 478l. in the whole—the 800l. is since we had her repaired, previous to this—he was to pay 100l. for one-eighth in the body of the ship, and besides that, he was to pay his proportion to the stores—the stores were already taken in, except the provisions, and they were spoken for.
JAMES HENRY LESLIE . I am a partner in the firm of Bollard and King, and part owner of this vessel—I remember going with the prisoner to Mr. Cheeswright, the notary, to make a protest of the loss of the vessel—I cannot say on what day that was; I should not think it was on the day that he signed the protest—I think it would perhaps be a day or so afterwards that he signed—either the notary or myself asked for the log book, and the prisoner said it was lost—he then made a statement from the protest entered into at Margate; Mr. Cheeswright took down what he said.
Cross-examined. Q. Were you also a part owner of this vessel? A. I was to the extent named here—on the insurance being paid, there would be no profit to the parties, but a very considerable loss.
MR. WILDE. Q. That is on the ship? A. On the ship decidedly—the prisoner had only paid 30l. on his share, and for the rest he gave a seven months' bill, which he was to pay when he came back.
JAMES SUTTON . I am master of a luggery called the Princess Mary, belonging to Kingsdown, off the port of Deal. On Saturday, 13th March, I was anchored in Dungeness Roads—there was a strong wind from the westward; it was very smooth—I saw a vessel called the Clipper, come to anchor there—she was a little more than a quarter of a mile from me; I was nearer the shore than she was—she was not more than half a mile from the shore—Isaw nothing particular the matter with, her when she came and anchored there—she was very light in the water—there was no pumping going on—I had a constant watch on my vessel day and night—I could have heard a hail from the Clipper in still weather—I could have seen a signal of distress, if there had been one—I saw the Clipper again next morning, just at the break of day; she was then very deep—she attracted my attention, as being unusually deep—I got up my anchor and went out to her, and went alongside of her—I saw the long boat out, and a woman in her—the crew were not pumping—I saw the prisoner on the deck—I hailed him, and asked whether he had got water in his vessel—he said, "Yes"—he had some tea in his hand; and he said if I came on board I could have some of it to drink—I went aboard—I saw the chain cable piled up on the starboard quarter, all in a lump—that is not the usual place for the chain cable to be, it is kept ranged along the deck; it being in a lump would list the vessel a little—I did not hot notice anything else—I looked down the main hold and saw that she was nearly full of water—the pumps were not reeked—the crew were standing forward—we then left the vessel, and shoved off, and went to our own boat—theprisoner would not let us touch anything till the vessel sunk, and then he put off—he remained there till the vessel sunk—he went away in the long boat, and the crew; the long boat remained until the vessel sunk.
Cross-examined. Q. You had an eye to the salvage? A. We got all the gear.
MR. WILDE. Q. Did you see anything put into the long boat? A. No, I did not—I did not see anything in it; I saw nothing more than the woman, when I got on board; I was the first man that got on board—when they went away, a few bags, or something like that, were put in the boat—I did not take much notice.
MR. SERJEANT BALLANTINE. Q. Is this the first time you have been
examined about this matter. A. Yes—I communicated what I knew to Capt. Nott, when I was at Deal.
JAMES BUSHELL . I am master of a lugger called the Dart, belonging to the port of Deal—she was anchored off Dungeness, on 13th March—I was on board—I saw the brig Clipper arrive there, about 10 o'clock in the morning—shebrought up about a quarter of a mile from us—I saw nothing the matter with her; she appeared to be a vessel in ballast—there was a strong wind at the time, west-north-west, with rain; there was not much sea, the wind being rather touching off the land—I was chiefly the whole day on deck—sometimeswe had two hands on, and sometimes four, during the day—I did not take notice of any pumping going on on board the brig—I could not tell how the pumps were placed, whether they were lofty or not—I looked at her just about sunset; she appeared to be in about the same trim as she was in the morning—I did not notice any alteration in her water line—I noticed her again about 6 o'clock next morning—she then appeared to be in a sinking state; seeing that, I went to her—there was very little wind during the night; it was about west, off shore,—when I got along side, I hailed the captain—we went round by the starboard side, and we there saw two men on board—we went round her, and saw that her name was the Clipper, of Dartmouth, and, seeing she was getting very low in the water, we launched our small boat out and went towards her—one of the two men on board told me not to come along side, as they were going to leave her in few minutes—Ido not know who that was—I do not know that I saw the prisoner on deck—Icannot say that I could swear to him as one of the two—the long boat was lying on her starboard quarter, with the rest of the crew in—I did not notice what was in it—the vessel sank not long after the long boat left her—Icannot say to a few minutes—there were two persons who got into the long boat, one after the other—I did not notice which was the last—I did not, at any time, notice what was in the boat—I cannot say how many vessels were within hail of the Clipper at this time—there might be ten or twelve; I cannot say how many there were; there were several vessels there—I was not within hail of her during the night—I do not know; we might hear a loud voice, perhaps—I could not swear that I could—there were no signals hoisted during the night, if there had been any we should have seen them—wekept a strict look out.
Cross-examined. Q. I think this is the first time you have been examined in this matter? A. It is—I did not communicate with Captain Nott—I do not know how many days it is ago that I made any communication—I did not communicate with any one; I was sworn up here to attend the Court—I was sent for from Lloyd's, I suppose—of course I had mentioned the matter before—I brought the rigging or the sails that was saved to Deal—we got the sails after the vessel sank, and brought them to the Lord Warden at Deal.
MR. BODKIN. Q. Was part of the rigging above water when she sunk? A. Yes.
CAPTAIN EDWARD BANBURY NOTT, R.N . I live at Deal, and am agent there for Lloyd's. On 20th March last, I went to Dungeness to raise the Clipper; I commenced my operations on 26th March—on the 27th I moved her considerably in shore—after I had moved her on the 26th, the ballast port was nearly dry; on the first ebb there was about two feet over the ballast port, it might have been a foot—the first thing that we saw was the water bubbling up on the inside of the vessel, which led me to conclude immediately, that the ballast port was open; we found that to be so—the ballast port is the square port at the side of the vessel—I had previously caused her
to be plugged, and covered with sheep skin, and a piece of wood nailed over it—that was done by a diver—when the ballast port is closed, the port fits into it—it is generally secured by a screw, or something inside; sometimes it is caulked, made a fixture of for the time—I found that the ballast port was out—on the 27th we discovered a hole in the starboard quarter in the run of the vessel; this model represents the position of it—the size of that hole might be, I think, about two inches, a little more one way than another; it was not quite square—that hole had evidently been made with a sharp instrument—ithad not been bored, it had evidently been cut with a chisel—it was champered away at the end in a sloping direction rather, and the outside was cut through the zinc; the zinc covering the outside was cut through—it had evidently been cut from the inside—the hole opened into part of the hold, immediately under the captain's cabin; some people call it the "lazarette"—thecaptain's cabin is immediately over it; the scuttle in the floor of the captain's cabin is immediately over the floor; it is a little hatch which takes you down into this part of the hold—the hole was little more than three feet from the floor of the cabin—I hired some men to remove the ballast which had accumulated on that side, from her leaning over so much on the starboard side; and early on the Sunday mornning, on shovelling that away, we saw two auger holes just below the ballast port; those holes were about an inch in size, and round—a short time afterwards we discovered another hole—after those two holes had been plugged up, on putting my ear to the side of the ship and listening, I heard the water still coming in, and the carpenter went outside and put his hand underneath the plugs, and put his finger into another hole; that hole was not bored through, but only through the outside skin; not through the inner lining, but enough to admit the water; we heard it rushing in—the holes are correctly represented on the model—I had those holes stopped and secured, and the vessel was then towed to Dover—it took us three or four hours to get there; during that time she made very little water; she was towed by a steamer—it was not necessary to use the pumps at all; there was no gear at all.
JOHN SEDGWICK . I am a shipwright residing at Dover. I accompanied Captain Nott to endeavour to raise this vessel—I have heard his evidence, and heard him state what took place; it is true—I helped to bale out the vessel—I found nothing in the hold but ballast—there was a little timber, such as a few boards and that, washing about in the hold—I found no clothes or property of any sort.
WILLIAM JOHNSON CULLEN . I am a shipwright at Dover. I went to help to raise this vessel—I have heard the account Captain Nott has given; it is correct—I helped to bale the vessel out—there was nothing in the hold, but a few pieces of tonnage—no clothes or charts—I found this auger on board—wefitted it into the holes—it fitted the holes.
CAROLINE LAXSON . I am the wife of John Laxson, a carcase butcher, in Cambridge Road. My brother, John Manhood, was mate on board the Clipper—in consequence of something that was told me, I went to London Bridge station to meet the prisoner, with Mrs. Lakey, and my cart—the prisoner did not arrive by the train—I drew the cart up in front of the Margate entrance, and I observed a man, with his hat rather drawn over his eyes, keenly observing me, and I then observed him as keenly as he was observing me—I did not know him before—it was the prisoner—he crossed over, and spoke to his wife; and then she said, "This is the mate's sister"—he had no luggage with him; the train had not arrived then; when it did arrive, the chief part of the luggage was Mr. Lakey's—there were three boxes and
a feather bed; compasses, some beef belonging to the ship, barometers, and a lot of things—it was put into my cart—Mr. Lakey stood by and saw it—mybrother John said, "Where shall it go?" and he said, "Let it go with yours, John"—it was taken to my house—it was put into the shop for about a week, and then, afterwards, Mr. Lakey came, on the Monday, and asked me would I burn the boxes and all the bags, and turn the things out, and mix them with mine—there were three long canvas bags, such as sailors put their clothes in; one had "William Lakey" written on it—he also told me to take the nautical books, and tear out all the parts that had his name in them—in the front of some of those books there was "Wm. Lakey" written; but I did not tear any of them—a good many of the things were marked in full, "W. Lakey," and he said, would I pick out all the marks—there was an official log—Mrs. Lakey took that away on the Monday that Mr. Lakey was apprehended at my house; but there was not any entry in it; it was quite plain, for I looked over it to find the name to tear it out; but I did not tear any of the names out; Mrs. Lakey has them—there were two ship's compasses and a barometer; the barometer is at my house now, and the gear that belongs to the lamp that makes it swing—all the charts were thrown on the top of my chest of drawers, and Mr. Lakey said, if I was asked, I was to say they belonged to my brother—he opened the barometer, and looked at it, and said it was broken, and not of much use, and I could hang it up and say that it belonged to me—he took the chronometer away on the Monday night; that was in Chestney's box—he unlocked the box and took it away—therewere three boxes, all belonging to Lakey—they are at my place now, on my pigstye—I told him, on the Monday night, that Mrs. Lakey had told me that he had said it was better to hasten the vessel, for if they went to sea in her, she would prove a coffin for the whole of them—he said, "You must make a mistake;" I said, "No, I don't make any mistake, Mr. Lakey; for you remember, at the time, Mrs. Lakey said to you, when you wanted to bring away the whole of the ship's tools, "My God, William, don't be so avaricious;'" and he turned round to me, and said, "It was owing to her taking a glass; she would sink the whole of us"—he told me to put the things among mine, and Mrs. Lakey herself mixed a great part of the things along with my things in my chest of drawers—I asked him what I was to say, if any one asked me about it; I said, "I might be asked to say and swear that these things belong to me;" he said, "Swear they are all yours;" I said, "How can I do such a thing as that, Mr. Lakey?" he said, "Me and your brother John will swear out forty of them."
Cross-examined. Q. Your brother John was the mate on board the vessel, was he not? A. Yes—he did not bore the holes in her; not one of them, that I am aware of; I was not on board the ship—it was by Mrs. Lakey's desire that I went to the railway—I had not seen my brother at that time, and I did not know that the vessel had foundered—the conversation with Mrs. Lakey, about the vessel being the coffin of all of them, was on the Monday previous to Mr. Lakey coming to me, and telling me to burn the boxes—I said to him then, that Mrs. Lakey had told me, that had they gone to sea in the vessel, it would have proved a coffin for the whole of them, and that William thought it would be better to hasten her—the prisoner told me to burn the boxes and the bugs, and to mix the things up with mine, and to tear the names out of the nautical books—he told me to put the compasses into my brother's box—the clothes were all mixed up with mine, with my knowledge—I am not aware that I have since mistaken any of them for mine—I have not taken any of them to the pawnbroker's—I have not taken
anything to a pawnbroker's belonging to Mr. Lakey—I never took anything to the pawnbroker's myself—the girl that we had living with us took two shawls of Mrs. Lakey's to the pawnbroker's, and I have had to discharge that girl through dishonesty—to my knowledge, those were the only things that were mixed with mine that found their way to the pawnbroker's—I do not know that anything was pawned but those two shawls; they are all at my house—I am not wearing any of them, and never did—my brother is at Lynn, where he resides—he has no occasion to wear Mr. Lakey's things, when he has plenty of his own—my husband has not worn any—what should he want with sailor's clothes? he is a butcher.
Q. How came you to tell all this? A. I saw Mr. Jeremiah Lodge a week before Mr. Lakey was apprehended—I saw that my brother's reputation was at stake, and, if I had not exerted myself in the manner I did, it is possible he might have stood charged with Mr. Lakey, as accessory before the fact—thatwas the reason I acted as I did—I have been in the habit of keeping my father's books, and have had to do with acts of Parliament since I was very young—I thought my brother might be charged as an accessory before the fact—I saw Mr. Lodge at the Protection Society, at Lloyd's, a week before, and gave in this statement—I expected they would have sent an officer, and taken all the things from my house—I had given the whole of this information before the prisoner was taken into custody—I do not know why I was not before the Magistrate—I was before Mr. Yardley the day Lakey was there first—I was not called—this is the first time I have been examined.
JOHN CHESTNEY . I was cook and steward on board the Clipper. Lakey was master—we got to Dungeness roads on the Saturday morning, and lay there Saturday night—in the course of the Saturday night, Lakey told me to take the table away, and to take the lazarette hatch off, and go down into the lazarette along with him—I took the candle, and went along with him—hebored a hole through the ship, under the ballast port; he bored one, and I bored one—they were bored with an auger—the water then came in—we then went back by the lazarette, and into the cabin—I think this was near 2 o'clock in the morning—about an hour afterwards, I assisted to make a hole in the lazarette—the prisoner was there, and assisted in doing it—the hole was made with a gauge and a chisel, an anger and a crowbar.
Q. Did the prisoner say anything as to why he made these holes? A. At the first commencement of it, he said the ship was making so much water that we could not get into any harbour, and if we went any further she might be a coffin for all of us, and so he thought the best thing we could do with her was to let her sink there—the ballast port was knocked out; that was by the prisoner's direction—we all went away in the long boat—I took my things with me, and so did all the crew and the master—there were ten of us in all on board; nine men and a woman.
Cross-examined. Q. Where had you sailed from? A. London—we were going to Newport, to take in coals, I believe—we had got somewhere off the Isle of Wight—the ship had made water before we went out of the docks—wehad bad weather on the Friday night—the wind was W. N. W., I think, and a strong sea—I believe the ship made more water then—we could get no further, and we came back again to Dungeness—the people were all tired; they said they could not pump any longer, and they wished to go into some port or another, and the captain put back—that was on the Friday night, between 8 and 9 o'clock, I think—it was fine weather then—the ship continued to make water—we had to keep the pumps going all night—that
diminished the water in the hold—we kept the pump sucking—the men did not knock up; they kept pumping—they said they were knocked up, but we sucked the pump when we came round Dungeness, and they were not asked to pump any more after we came round Dungeness on the Saturday morning.
MR. WILDE. Q. You say you sucked the pump on the Saturday morning? A. Yes; that means that the vessel was dry.
MR. SERJEANT BALLANTINE. Q. Did she make any water after that? A. Yes; the water was gaining in the hold—it would not have been safe to have continued our voyage, with the ship making all that water.
Q. I mean, when the captain turned back, and when you were off the Isle of Wight, before anything was done to the vessel, would it have been safe to have gone on? A. We could not have got any further—there came on a gale of wind about an hour after we bore away—the ship was not brought as near the shore as she might have been—the wind was about W. N. W., I think, when we were off Dungeness—that was nearly off shore—she was sunk in about three fathoms—it was not much of a secret, because, when the port was knocked out, the captain called them all up to haul the cable chain out, and put it on that side—I do not know that they knew much about it before that, though they might think something about; I cannot tell; I never heard them say anything.
MR. WILDE. Q. When you were at Dongeness, you might have gone closer in to the shore, if you had been so minded? A. Yes, we might have gone ashore fast enough—she made water four days before we left London, and she made water on the way—I do not know whether she might have gone into Portsmouth; it was in the night when we came past there—I do not know whether we could have got her into Portsmouth or Southampton—the vessel was not pumped out dry on the Saturday night; we pumped her out on the Saturday morning—she was dry then, but not on Saturday night—wedid not pump her after coming to Dungeness.
JOHN MANHOOD . I was mate on board the Clipper. I was aware of some holes being made in the vessel when she was lying in Dungeness Roads, on Sunday morning, about 2 o'clock; I became aware of it by seeing a light in the hold and hearing the sound of an auger—I did not go down into the hold to see what was doing, I could see the light through the holes where you put your hands in to take the hatch off—I could not see what was being done, but I heard the auger going—the captain and Chestney were down in the hold—the vessel was leaking when she lay in the West India Dock—there was a considerable quantity of water in the hold at the time these holes were made—I spoke to the prisoner about the ship making water, and having a deal of water in her, and he said, "The best thing to do is to scuttle her; if we go into any dock, the dock bill will come to more than she is worth, and it will be the ruin of me"—he said, the best thing to be done with her would be to scuttle her, and let her go—I heard him give an order about knocking out the ballast port—it was knocked out—I did not save all my things, I saved the greater part of them; there was plenty of time to do so.
Cross-examined. Q. We have heard that the vessel had got almost off the Isle of Wight when the captain turned her back? A. Yes, she had—we left London on Tuesday the 9th—the vessel was very leaky, she made a deal of water—I reckon, without the aid of the pumps, that she would have sunk in about twenty-four hours, even if the holes had not been bored, while at sea—wewere running up the Channel—at the time of the sinking the wind was about W.N.W., that would be right off the shore, or as near as could be—there
is no harbour at Dungeness, that I am aware of—the ship could have reached the shore; it is as smooth as a mill pond in there; she would have gone ashore very easy—she brought up in five fathoms water, at low water it was three fathoms—I was not the person who gave the information—I did not tell my sister to do it—I did not know that she had done so, until after it was given—she did not consult me about it.
MR. WILDE. Q. If she had been run ashore there in the bay, she would have been safe? A. She would have been safe so far, that, I dare say, she might have been got off and taken into the harbour.
(The protest was here read as follow: By this public instrument of declaration and protest, be it known and made manifest, that, on the 18th day of March, A. D. 1858, before me, Henry Cornfoot Cheeswright, of the city of London, notary public by royal authority, duly admitted and sworn, personally came and appeared William Lakey, master mariner and commander of the late good brig or vessel, called Clipper, of the burthen of 228 tons by register measurement, or thereabouts, belonging to the port of Dartmouth, John Manhood mate, and John Chestney seaman, of the said vessel, who did severally, duly, and solemnly declare and state for truth as follows, that is to say:—That, on the 9th day of March instant, these appearers and the rest of the crew of the said vessel set sail in her from London, bound on a voyage from thence to Newport in ballast, the said vessel being tight, stanch, and strong, well manned, victualled, and found in every respect fit to perform her said intended voyage. That they proceeded with all possible dispatch down the river Thames, with fine wind from west-north-west and all sail set to advantage, nothing worthy of particular notice occurring until the evening of the same day, when they arrived in the Downs and came to anchor; the wind, however, shortly afterwards became more contrary, while there were heavy snow storms at intervals, in consequence of which they were detained at anchor as aforesaid, until the morning of Thursday, the 11th, following, when, the wind being moderate from north and fine weather, they again got underweigh, and proceeded under all sail down Channel, the weather continuing favourable; nothing further happened until the following day, the 12th, when it came on to blow a gale from west-south-west and subsequently west, with a rapidly rising sea; at such time they were off the Isle of Wight, and finding, in consequence of the violence of the gale and exceedingly high sea, they could make no progress, they bore away for Dungeness; the ship making water, they kept the pumps carefully attended to, and on the following morning, the 13th, at 10 o'clock, they came to anchor under the lee of Dungeness, in six fathoms water, with the small bower and sixty fathoms of chain; the gale meanwhile continuing, they remained at anchor in Dungeness roads aforesaid, comparatively sheltered from the fury of the gale; having pumped the ship out dry, they set the watch, and the crew west below for the night. That, on the following day, the 14th, at 4 A.M., the said appearer, John Chestney, being on the anchor watch, discovered the said vessel had sprung a very serious leak, immediately called all hands on deck, and sounded the pumps, when they found twelve feet of water in the hold, the said vessel in consequence settling rapidly; the only thing that could be done was to get out the boats, to save the lives of the crew. The wind being off the shore, it was impossible to run the said vessel aground, more particularly as, in all probability, had they ventured to set any canvas on her (being nearly full of water) she would have capsized; therefore, for the preservation of the lives of the crew, they got out the long boat, and the crew put a part of the clothes into her, and the chronometer was saved, in a damaged state, but they saved
nothing else, and the crew then got into her, the said appearer, the master, remaining on board until he saw there was no hope of saving the said vessel, and at 7.10 A.M. he got into the boat, and they had hardly time to get clear of her when she sank in three fathoms (low water), Dungeness light bearing south-west three-quarters south, distant about two miles. That the said appearers and the remainder of the crew then proceeded to Folkestone in the long boat, but finding no Shipwrecked Mariners' Society they proceeded to Margate, where they arrived at 4 P.M., and the said appearer, the master, immediately repaired to the office of Messieurs Brooke and Mertens, notaries public at that port, and caused his protest to be duly noted. Therefore the said appearers declare to protest, and in and by these presents they do most solemnly protest, and I, the said notary, at their request, do also protest, against the total loss of the said vessel, her tackle, apparel, and furniture, facts, incidents, and occurrences aforesaid, and for all and every loss, cost, detriment, damage, and expense that hath, can, or may arise therefrom, to the end that the same may he had, borne, sustained, and recovered by those to whom of right it doth, can, or may appertain. We, William Lakey, master, John Manhood, mate, and John Chestney, seaman, all of and belonging to the late good brig or vessel called Clipper, within-mentioned, do hereby solemnly and sincerely declare the contents of the aforegoing declaration and protest are strictly true; and we make this solemn declaration, conscientiously believing the same to be true; and by virtue of the provisions of an Act made and passed in the sixth year of the reign of his late Majesty, King William the Fourth, intituled, An Act to repeal an Act of the then present Session of Parliament, intituled, "An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of Voluntary and Extrajudicial Oaths and Affidavits, and to make other Provisions for the Abolition of unnecessary Oaths." 'William Lakey, master. John Manhood, mate. John Chestney, seaman.—Thus declared and protested, in due form of law, at my offices, 62, Lower Thames Street, in the city of London, this 19th day of March, 1858. H. C. Cheeswright, Notary.")
(Thomas William Thompson, ship owner and merchant; Thomas Carr, master mariner and ship owner; and Thomas Seeker, coal and corn meter, deposed to the prisoner's good character.)
GUILTY .—Recommended to mercy by the Jury, on account of his good character.— Eight Years Penal Servitude.
NEW COURT.—Thursday, May 13th, 1858.
PRESENT—Mr. Ald. SALOMONS; Mr. RECORDER; and Mr. Ald. GABRIEL.
Before Mr. Recorder and the Sixth Jury.
MR. METCALFE conducted the Prosecution.
WILLIAM RUMINS . I am shopman to Edward Page, No. 44, Westbourne Road, Paddington, a cheesemonger. His shop is at the corner of Monmouth Road—there is a board outside his window, on which I am in the habit of placing pieces of bacon and cheese, and various things—on 19th April, about a quarter before 9 o'clock, I placed some pieces of bacon on that board—during
the next hour, I was engaged in going from the cellar to the shop—about 9 o'clock, in consequence of something I heard, I examined the board, and missed one or more pieces of bacon—I can speak confidently to one, which is commonly called the collar of bacon, a piece from the shoulder part—itweighed about 3lbs.—that was one of the pieces that was placed out shortly before 8 o'clock—it was after half past 7 o'clock.
Cross-examined by MR. GIFFARD. Q. Does your shop face Monmouth Road? A. It faces Monmouth Road North—in passing the shop you turn to the left—Galway Road is on the same side as the shop is; there are detached villa residences—the piece of bacon I missed was eight or ten inches long, and four or five inches wide—I heard of this occurrence About 9 o'clock—I came up into the shop, and walked towards the door—I heard Mr. Page being informed of it by Mrs. Wright or Miss White—I know the governor said to me,"There is some bacon lost;" and I looked out to see if I missed anything—Imissed one piece; I told Mr. Page so the next morning—I did not see him till the next morning—when I came up into the shop he was in the act of going to put his coat on, to go out to see after the matter—I did not see him again that night; I am married, and do not live in the house—after Mr. Page had gone to the police station, I saw Mr. Palmer and Mr. Wright.
MR. METCALFE. Q. Did Mr. Page go at once to the station? A. Yes; he did not return till near two o'clock in the morning—I left and went home.
EDWARD PAGE . I keep the shop, No.44, Westbourne Road. On 19th April, I was serving in the shop in the evening—one of my shopmen was absent; the other was partly in the shop and partly in the cellar—I saw him bring some pieces of bacon and put them on the board, about half past 7 o'clock—I did not in the course of that evening sell a collar or shoulder piece of bacon—there was no one else except Rumins, who could have done so—about 9 o'clock, Mrs. Wright and Miss White came in—Miss White spoke to me first, and in consequence of that I went to Wiltshire, the policeman on duty, and gave him information of what I had ascertained—after hearing what I said, he referred me to the station—I went to the station and communicated what I had heard to inspector Grant; he said he would go with me to the superintendent—we went to Mr. Hughes' house; he was from home—Iwaited till about 12 o'clock; I saw him, and he directed inquiries to be made—we went to inspector O'Brien, the prisoner, about 1 o'clock, he was up and dressed—I saw his children, he was at that time keeping an empty house; I found no bacon in the house—I did not see a red pocket handkerchief found—I saw the prisoner in custody the next evening—after we had searched the house, we all returned with O'Brien to superintendent Hughes—heasked O'Brien where he was that evening—he said he did not know where he was, he was at certain places during the day—Mr. Hughes asked him to confine himself to between 8 and 9 o'clock—he said he was quite confused, and could not do so at the time—he said he was in the New Buildings during the day—he was ultimately taken into custody, and the inspector came the next morning and saw Mrs. Wright, and took her statement—I said, "I am now in your hands, Mr. Grant"—I gave directions for the prisoner to be taken; he was taken that evening—when he was brought into the inspector's room the charge was entered; he did not say a word—I did not at any time hear him make any statement about the charge.
Cross-examined. Q. Was Miss White the first person who spoke to you? A. Yes—she keeps the house, No. 45—it was about 9 o'clock; I saw Mrs. Wright at the same time, she said she saw him come twice, and take a piece of bacon each time—he took the first piece and put it under the skirt of his
coat, and walked towards the Galway Road—he then came back with it, in a handkerchief, under his arm—he then stood at the corner of Monmouth Road some few minutes, and then took another piece of bacon from the same place—heput it under his handkerchief, and then walked away.
COURT. Q. Are you sure you have given what she said, quite correctly? A. Yes.
MR. GIFFARD. Q. When you were examined before the Magistrate, on the Wednesday, do you remember what time of the day it was? A. It was from 3 to 4 o'clock—I said my man had missed one piece of bacon, certainly—Ruminswas not examined the same day that I was—I was confused, and I said that John Marly had put out the bacon, instead of William Rumins—Ruminstold me about it the first thing in the morning—I did not learn the previous night—I put my coat on and went out—I was not aware that evening that Palmer had seen anything—I think it was about half past 7 o'clock in the morning that my man told me, and some one told me that William Palmer had seen him take it, but I cannot tell it who it was—my shop is open, of course—you can see from the inside to the outside—it is well lighted—theshow board is about two feet and a half high, but the cheeses are higher up in the window, so that you cannot see on the show board from the shop—the cheeses would not conceal a man standing outside my shop—I did not see the prisoner standing there at all—I was not at all aware that any of my men saw him—if he had stood three or four minutes in front of my shop, I should have seen him, if I had not been engaged with a customer—Isold one piece of bacon from the board that night, which was a small piece of the back—that was the only thing I sold from the board outside.
MR. METCALFE. Q. Are the cheeses piled above the board? A. Yes—I might not have seen a man outside—supposing he had been standing in front of my door, I do not think I should have seen him, if I had been engaged with a customer—supposing he had been at the corner of the board, or the end of the board, I could not have seen him, if he had come from the corner of Monmouth Road—my man Marly was out—Rumins was the only other person I had.
COURT. Q. Supposing he stood in front of your door in police clothes? A. I might not notice him—I cannot say whether I must have seen him, if he had stood there two or three minutes in police clothes—I often am engaged for two or three minutes at a time; I was that night.
CHARLOTTE SARAH WRIGHT . I live at No. 45, Westbourne Road, next door to Mr. Page. Monmouth Road is on one side of Mr. Page's, and my house on the other—I rent the shop and part of the premises—my husband carries on business as a matting and basket maker—previous to 19th April, I had known the prisoner by sight, passing up and down Marylebone Lane, where I had been brought up by my parents—I had spoken to the prisoner; he had come to the door, and asked how father and mother were—I did not know his name before—on 19th April, I saw him pass my door, with his arms free, and he passed Mr. Page's—he returned, and took a piece of bacon, and I saw him conceal it under the front skirt of the coat he had on, while passing my door—he passed Mr. Page's; he did not remain a minute; he crossed Monmouth Road, and returned directly—he took the bacon from the corner next Monmouth Road—I do not know whether his coat had bright buttons or not—he went towards the Galway Road; the next turning on the same side, past our shop—he returned in not more than five minutes, and had something in a red handkerchief, under his arm—he had nothing at all under his arm the first time; his arms were swinging—when he came back, he
stood for five or six minutes at the corner of Monmouth Road, and then went and took another piece of bacon from the same part of the shop—he took the bundle from under his arm, and put the bacon under it, while passing my door, holding the bacon in one hand and the parcel in the other—he went towards Galway Road again, and I saw no more of him that evening—afterseeing this done a second time, I communicated with my husband and Miss White—I went to Mr. Page, and gave him a description of the man, but I could not tell his name—Mr. Page went immediately to a constable—therewas one passing, and he spoke to him—I should think that was about twenty minutes after I had seen the second piece of bacon taken—that was a long piece and fat—the first was more of a square piece—I think the second was what they call the ribs; I do not know the name.
Q. Why did you not communicate it the first time? A. I told my husband, and he wanted to go out, but I thought it might be a joke—I did not know the prisoner's name—I knew he was an inspector of police.
Cross-examined. Q. What were you doing? A. Minding my door, while my boy was gone on an errand—the prisoner passed close by me; he went to the farther corner from me, took the piece of bacon, and came back again—herepassed the whole front of the shop, passed the door, and passed me—he then came back, and did the same thing—he passed me—he went to the further stall of the shop, and passed back again.
Q. After he took the first piece, did you speak to Mr. Wright? A. Yes; before he took the second—my husband went across to speak to Mr. Palmer—hewas speaking to Mr. Palmer at the time the prisoner took the second piece—they were across the road at that time—after I saw the prisoner take the second piece, I got across the road, and I cried out, "He has taken another piece"—I then thought it was a joke for a little while—I went and told my husband he had taken another piece—I told him to that Palmer could hear—after I had said that, we did not all three stand there, my husband and I came back—I did not go to speak to Mr. Page for a little while—Palmerwent back to attend to his customers—my husband went to work—I told Miss White—till she told Mr. Page, none of us said a word about it—we did not like to tell him—I saw Mr. Page come outside the shop before the first piece was taken—I saw his wife there before the second piece was taken—Idid not tell his wife I saw the policeman pass by between the first and the second taking—I did not speak to him—I ran across after the second piece was taken—it was before my husband went across that the policeman passed—I did not see the policeman pass after my husband had gone across to Palmer—he passed after the prisoner had taken the first piece.
Q. Has your husband been fined for an assault on the police? A. He was fined 5s.; I do not know what it was, it was something about a tipsy man—the Magistrate said he might do what he pleased—the policeman took a tipsy man, and my husband said perhaps he would go home, if he let him be—my husband went up to the station, and he was taken, and was fined—from the time of my going to Palmer till the time I went to Mr. Page, I should think, was about twenty minutes—it was not long—during that interval I was minding the door—I think the next time I saw Palmer was after Mr. Page had shut the shop—I did not speak particularly to Palmer that night I spoke to the bystanders at Mr. Page's door—I saw Palmer that day in and out of his shop—I do not think I spoke to him, only as they came along to the Police Court, when they went to the Police Magistrate's—I spoke to Palmer in the cart, when Mr. Page and us two went to the police station—myhusband has not always been a mat and basket maker; he has been in a
butter shop—he has not been anything else that I am aware of—we had a place, and the place did not suit us, and the man said he would return part of the premium, and then the man would not come to terms with Mr. Wright—thatwas a marine store shop—the premises, were not searched by the police while we were there—I swear that the marine store shop had not been searched by the police; not to our knowledge, while we were there—I never heard of its being searched while I and my husband were away.
MR. METCALFE. Q. Was the shop never searched in any way? A. Not while we were there—no charge was made against me or against my husband, to our knowledge—we have left it many weeks at a time, for I was ill at the time, and my husband could not leave home—my husband was fined 5s.—I cannot state exactly when; it was since Christmas, I think—the prisoner had nothing to do with the charge—I waited about twenty minutes after seeing the second piece of bacon taken—I waited because I did not like to tell Mr. Page—I did not think the prisoner would steal it—I followed directly behind Miss White—we both told Mr. Page together, in a manner of speaking.
HENRY PALMER . I am in the service of Mr. Paddon, a cheesemonger; his shop is nearly opposite Mr. Page's. On the night of 19th April, it was my duty to attend outside and inside the shop—during the time I was there, I saw the prisoner—I first saw him about 8 o'clock, standing on the right of my employer's shop, on looking from the shop—he passed our shop, and went to the opposite corner of Monmouth Road, next to Mr. Page's shop—he stood there a few minutes, and looked about; he then passed the shop, and took a piece of bacon, and put it under the skirt of his coat—he walked towards the Galway Road—I had occasion to go in, to serve some customers; I came outside the shop, in five or six minutes afterwards, and saw O'Brien return to the corner of Monmouth Road, next to Mr. Page's shop., the same corner at which I saw him first—he stood a few minutes at the corner of Monmouth Road; he then crossed to the opposite corner, for a few minutes; he then returned to the same corner, adjoining the shop, and then, in passing the shop again, he took a second piece of bacon, and carried it in the same manner that he did before—he had nothing with him the first time; the second time he had a bundle, something wrapped in a handkerchief—he was in his inspector's uniform—after taking the two pieces, he went away towards the Galway road—when I first saw him, he was standing near our shop—he passed our shop, and then crossed to the corner of Monmouth Road; he crossed on this side of Mr. Page's—Mr. Wright came over to me after the first piece was taken; he said something to me—he remained speaking to me about a minute—he was speaking to me when the second piece was taken—Iwas standing with my face towards Mr. Page's shop, and Mr. Wright's back was towards it—Mrs. Wright came over after the second piece was taken, and informed her husband that the prisoner had taken a second piece.
Cross-examined. Q. Did she call over, "He has taken another piece?" A. I did not hear her call; she told me and Mr. Wright—I did not near her call, that I swear—when I saw the second piece taken, I did not speak to Mr. Wright about it, until his wife came over—I did not tell him I had seen the first piece taken, till Mrs. Wright came over; then I acknowledged I had seen the first piece taken—I did not tell Mr. Wright that I saw the second piece taken, though it was actually taken while Mr. Wright was there—Mr. Wright told me that his wife saw the policeman take a piece of bacon—hetold me that he came over to watch the policeman opposite.
Q. Now, remembering that he told you he came over to watch the policeman, can you account for not telling him what you had seen? A. I was too
much engaged in business—I was outside the front door; I was looking at him doing it—the prisoner crossed to the corner of Monmouth Road; he did not cross beyond it—he crossed on this side of the door, to the corner of Mr. Page's, and that was the place from which he took the piece of bacon.
COURT. Q. Is Monmouth Road between you and Mr. Page's shop? A. Yes—he crossed straight to the corner; he did not pass Mr. Page's shop.
MR. GIFFARD. Q. Between the time that you saw the first piece taken and the second taken, did you see Mr. Page? A. I saw him come out of the shop, and take something in from the board; I believe it was the bacon on the board—I did not tell Mr. Page, as I was engaged in my master's business—Isaw the policeman after Mr. Page had gone to the prisoner—I saw the policeman about half past 9 o'clock; he said, if he had been spoken to, he would have taken the charge—I knew who and what the prisoner was—he has not threatened to chastise me for walking with his daughter; I have walked with her; I do not know her age—I do not know that the prisoner has found me once or twice walking with her.
MR. METCALFE. Q. Has he ever said a word to you about it? A. No—thefamily were customers of my employer's, up to that very time—I never had any words with the prisoner; he never spoke to me—he never offended me in any way whatever—I did not mention to Mr. Wright about either of the takings, till Mrs. Wright came over, as I knew it would take me out of business—when Mrs. Wright came over, I acknowledged it; I said, "He has taken a second piece."
COURT. Q. Has there anybody else at the time at your master's shop but you? A. Yes, another servant—I was walking in Bayswater Road, with the prisoner's daughter, and she said, "There is my father; you must go"—I left her immediately—it was necessary to have two servants at my master's place, one inside and one outside—the shop was full of customers at that time.
RICHARD FAREBROTHER . On Monday, 19th April, I saw the prisoner standing by the side of Mr. Page's shop, on the Monmouth Road side, about 8 o'clock—he was about a yard and a half from Mr. Page's shop; he was about a yard and a half from the board at the window—I did not see him doing anything, but saw him standing there—he went from the Galway Road, and went past to the Monmouth Road; I saw him go a few steps—he crossed Monmouth Road into Westbourne Road; he went towards Palmer's shop—I only saw him go a few steps across the Monmouth Road; I was was going on my business—I saw the prisoner again, about ten or twelve minutes afterwards; I met him between Galway Road and Mr. Page's shop, about thirty yards from Mr. Page's shop—he had a red parcel; it appeared to me to be a pocket handkerchief—I noticed that he had no parcel before.
Cross-examined. Q. Can you tell what distance it is from Palmer's shop to Mr. Page's? A. I should think about thirty yards.
COURT. Q. You said he was crossing from Page's towards Palmer's? A. He was crossing Monmouth Road, towards the Hereford Road—he was not going towards Palmer's, but opposite to Palmer's—when I first saw him, I was against Mr. Page's shop; I was going towards the Galway Road—I passed him as he was standing there—I looked back, and saw him crossing the road.
JOHN WILTSHIRE (Policeman, D 113). The prisoner was my inspector. On 19th April, while I was on duty, about 8 o'clock, I saw him in the Galway Road; he went up the Westbourne Road, towards the prosecutor's shop; he was thirty or forty yards from it—that was about seven minutes
past 8 o'clock—he had a bundle under his arm, in a red pocket handkerchief—Iwas coming by again, about forty minutes afterwards, and Mr. Page spoke to me—I referred him to my superior officers.
COLIN ALEXANDER MILNE GRANT (Police inspector). The charge was made to me at the station, and I referred to the superintendent, Mr. Hughes—Iwent with him; I searched the prisoner's house; I found nothing—I took the prisoner into custody afterwards; I found on him this red pocket handkerchief, exactly in this state; it has been in my possession ever since—Ifound this on the following day, at 5 o'clock—I should say, from the state of it, that it has not been used since it was washed.
Cross-examined. Q. Did you open it, at the time you first found it? A. Yes—I cannot say whether it is now in the same condition, as to the folds—Ifound it loose in the pocket; it was not folded, as if it had just come from the washerwoman; I folded it—I searched the house that night—I searched pots and pans, and everything of that sort—I did not find anything that could indicate the presence of bacon—I did not notice whether his coat smelt of bacon; I did not examine the skirts of it—he said the charge was entirely untrue—he offered every facility in searching the house—he stated that he had been out making inquiries that night, and I believe he had—he is a man who has borne an excellent character in the force; he had a large amount of money passing through his hands every week—he was living in an empty house, to take care of it; that is only done to persons of good character.
MR. METCALFE. Q. Was there not one pot found, with water in it, and grease on the top of it? A. There was a very trifling quantity—I think we got to his house about a quarter past 12 o'clock—there was no one at the station but the man who was on duty, the reserve man—I was not there when Wiltshire came in—I did not find any other handkerchief beside this.
COURT. Q. How far from the prosecutor's house does the prisoner live? A. About a quarter of a mile, or rather more.
(The prisoner received an excellent character.)
NOT GUILTY .
THIRD COURT.—Thursday, May 13th, 1858.
PRESENT—Mr. Ald. CUBITT; Mr. Ald. ROSE; Mr. Ald. MECHI; and
Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
569. WILLIAM FIELDER (27) , Breaking and entering the dwelling house of Martin Wallace, and stealing therein 1 chain, 2 seals, and other articles, value 6l. 6s., and 50 pieces of coin; the property of Mary Ann Lowe.
MR. LILLEY conducted the Prosecution.
MARY ANN LOWE . I am single, and am in the employment of Mr. Wallace, of the White Horse Hotel, Knightsbridge, as housekeeper and manager. The prisoner used to assist the potman, he had been there two months just before Good Friday—I had a room appropriated to my use, which I was accustomed to lock, and keep the key in my pocket—On Friday morning,1st April, at 11 o'clock, on going down stairs, I locked my room and bolted the window; everything was then safe—I had a gold chain with two seals, two rings, two bracelets, a box of coins, two knives, and a gold brooch there—oneof the coins was a good shilling with a head on both sides, which I had had a number of years—about eight o'clock, I went up stairs and found the
room in great confusion, the bureau broken open, the box turned topsey turvey, and the coins taken out—the box was left on the table; I had left it on the drawers—I also missed a silver thimble out of another room—a square piece was cut out of the glass of my window, the latch forced back, and the window open; it is a sash window—it could not have been done without some instrument, as there was not sufficient room—the window is about three or four feet high from the ledge outside—I missed all the articles I have mentioned—theprisoner was only employed from 6 o'clock in the morning till 12 o'clock in the day—on Easter Sunday, I said to him, "I rather suspect you are the party that has robbed my room, and if you will lead to the discovery of one particular ring, which I value very much; I will forgive you, and say nothing more about it;" he said, "I am not the person, and if I knew anything about it I would certainly tell you"—I pressed him very much indeed, and said, "If you do not confess between this and Monday morning, I will certainly give you in charge on suspicion"—I have seen him but once since that; he came one day, about a week afterwards, to demand his wages for a day, the Sunday's money which I owed him; I said that I had not found out anything about the robbery, and I believe I said, that if I found he was not the party who stole those articles, I should be very sorry for what I said—I do not think he made any remark to that, but went away—thearticles were worth about 5l.—I have seen none of them since.
Prisoner. Q. On the Sunday evening when I came for my wages, did not you say, that you had strong suspicions of the men who worked on the next building? A. Yes.
MR. LILLEY. Q. Was that in consequence of anything the prisoner had said to you? A. No; it was on account of suspicions that I had—our house was unfinished at that time, the houses are all unlet.
WILLIAM MURISS . I am a carpenter of No. 21, Wood Street, Westminster. I had known the prisoner about eight weeks when I was before the Magistrate on 10th May—about five weeks ago, I had my breakfast in the coffee room at Wallace's, and saw the prisoner; he said, "If you can get this thing out, I can make a couple of pounds of it," pointing to a bag which had something in it—I said, "I will have nothing to do with it"—he said, "If you will get it out, I will share the money with you;" I said, "I will have nothing to do with it"—it seemed like a copper tea-urn, the bag did not come right over the top, you could see the lid—I did not say anything to him about it, but he said something to a girl, and she told a policeman.
WILLIAM EVERARD . I am a labourer, of Bedford Street, Walworth, and am the prisoner's brother-in-law. I saw him at Wallace's, the day before Good Friday, I had not seen him for three or four years—I stopped for three or four hours, it was in the middle of the day; my brother was there too—I did not dine there; I left alone—in the afternoon I took a bedstead down at the other house—I went there to tea at my brother's—I do not know the name of the street, or whether it is in Pimlico, but it is the first turning from the public house—we all went there together, the prisoner, and my brother, and I—after tea, the prisoner and I left the house together; he had a bundle in a silk handkerchief—he asked me to carry it, and I did—it jingled going along, like coppers—I saw a gold chain in it, some gold and silver coins, and a shilling with two heads on it—I felt the things in the bundle, but I took out the shilling and looked at it—I saw two bracelets, two penknives; and a ring, I do not think it had a stone in it, it appeared to be gold—I went to Ship Court, Westminster, with him; he said, going along, that he would see me home, and that he was going to a house in Ship Court,
and should not be long—I returned the bundle to him, and saw him go in—hewas gone about an hour; he did not come out again while I waited, but a woman came up to the top of the court, and said, "Bill," showed me a gold chain, and spoke to me about it—I believe it was the same chain that was in the bundle, by the small links, it had then turned black at one part, as if it had been tried—she had a bottle, and went and got some gin at a public house, and I saw no more of her or of the chain—I saw the prisoner again about half an hour afterwards at the Corner Pin public house, half a mile from the house into which I saw him go; he had not the bundle then—he told me at the White Horse that he had no money, and in the Corner Pin he paid 3d. for a pot of beer—he paid with a 6d.; I did not notice whether he had any other money—he went with me on my way home, he stopped at a female's house, and there I left him—she met him in the road, and asked him to come home and see Sal, and he went with her.
Prisoner. Q. Did you not leave my sister before me, and go to Westminster? A. No, we both went together.
ALEXANDER HUDDY (Policeman, B 199). On 1st April, I examined the the premises of the White Horse, Knightsbridge—there is a door at the top, that leads to the roof; by going out there, and getting round on the leads, and standing on the parapet, and breaking a square of glass, the attic can be gained, and the window opened—the house is five or six storeys high—I took the prisoner last Tuesday week, at No. 30, Charles Street, Drury Lane; I told him the charge, he said, "Very well; why not take me at the time?" I said, "There was not sufficient to charge you."
JURY. Q. Did the brother-in-law come forward voluntarily? A. Yes.
COURT to MARY ANN LOWE. Q. Did you lose a chain? A. Yes; I believe it was gold, it had very small links—one of the penknives had a buckhorn handle mounted with white metal, with two initials on it.
JURY to WILLIAM EVERARD. Q. When you took out the shilling and the other things and looked at them, did any conversation pass between you and the prisoner? A. No—I did not ask him where they came from.
He was further charged with having been before convicted.
WILLIAM SMITH (Police sergeant). I produce a certificate—(Read:"Central Criminal Court, Dec. 1852; William Davenport, Convicted of burglary; Transported for ten years")—I was present, the prisoner is the man—he only came out last June on a ticket of leave.
GUILTY.**—MR. LILLEY stated, that during the time the prioner had been in the prosecutor's service, two robberies had been committed there.
Eight Years Penal Servitude.
MESSRS. SLEIGH and SHARPE conducted the Prosecution.
CATHERINE DALE . I am the wife of George Ward Dale, of No. 6, Catherine Street, Pimlico, a builder. The prisoner came to lodge with us in May, and left on 2d Nov.—on 21st Oct., after we had paid our rent to Mr. Richards, our landlord, he asked us if we could pay three sovereigns in advance; my husband said "Yes," and gave him the money the same evening—onthe following morning, after my husband had gone to business, the prisoner came down, and said, "Mrs. Dale, what a foolish woman you are to lend money without interest, when a friend of mine, the publisher of the 'Illustrated Inventor,' would give you 10s. for the loan of three sovereigns for ten days"—on the following day, he said, "I am going to see my friend;"
and on the following day, he said, "Mrs. Dale, I have seen my friend, Mr. Simpson, the publisher of the 'Illustrated Inventor;' he cannot afford to give you 10s. for the loan of three sovereigns, as two days have gone by, but he will give you 6s. for it, as he has an invalid father to keep"—he went away at half past 9 o'clock on the 22nd, saying that he was going to tell Mr. Simpson that I would let him have the money—on the 23d, about half past 9 o'clock, he received the three sovereigns from me, and gave me an I O U—he told me that he had seen Mr. Simpson the day before—he said that Mr. Simpson would give me the 3l. 6s. on 31st Oct., and had sent me the I O U—on the 22nd, he told me that if I would give him an I O U, Mr. Simpson would advance me an I O U as security—I have never been paid my 3l. 6s.—the prisoner was going to leave, and on 2d Nov., he came down and said, "Mrs. Dale, I am not in circumstances to leave you for ten days longer;" I said, "Very well, how about my three sovereigns on the I O U;" he said, "I have not got the money, but I will pay you before I leave;" I said, "Very well" I went out for a walk with my husband, and when I came home he had removed his things.
Cross-examined by MR. LEWIS. Q. When you gave him the three sovereigns, did he give you his I O U, or Mr. Simpson's? A. One signed by Mr. Simpson—he did not say that he would pay me when he was going away; he said that I should have it before he left—I had not lent him more than 30s. before Oct.—he did not give me an I O U at the latter end of Oct., signed in his own name—after the ten days had expired, he kept saying that Mr. Simpson had not got his salary—I was trusting Mr. Simpson through the prisoner, but I did not know Mr. Simpson—I lent Mr. Simpson the money, because the prisoner asked me—the prisoner left in, Nov.; he returned in Dec., and told me that he was going to have his salary, and Mr. Simpson would have his money too—I did not go to Mr. Simpson; I did not know where he lived—Iknew he was the publisher of the "Illustrated Inventor"—at the latter end of March, I put the I O U in the hands of a lawyer; I had mislaid it before that—I had not some I O Us of the prisoner's at the time he left in Nov.—I next saw him at our house on 25th Jan.—I had two I O Us of his at that time, one for 27s., and the other about 5l.—I am almost afraid to say the amount; I have them at home—the 5l. was lent him between the time of his leaving me the first time and the second, and after Mr. Simpson's I O U—if he had asked me for 50l., I should have lent it to him—there was not an account made up to Nov., and an I O U given by the prisoner for 6l. 13s. 4d. on 5th Jan.—there was not another making up of accounts about Feb.—there was not a demand of 10l. in Feb.—he owes me 10l. 1s. 2d. for coals, bills, and lent money—he told me he would come back to live with me, if I would advance him 2l. 6s.—I did not deliver the prisoner a paper of items, making up the 10l. 1s. 2d.—I know that he owes it me, because I lent it to him—this (produced) is a copy of what he owed me, "I O U 6l. 13s. 4d.—itis eight weeks' rent, at 5s., and attendance, milk, &c.; that is his own account—I never threatened to break open his boxes, nor did my husband—theboxes were not under the care and protection of Mr. Coppin when he left—Mrs. Coppin moved them up stairs, and Mr. Dale demanded them down out of Mrs. Coppin's possession—they were opened by the superintendent at the station, but in the presence of Mr. Dale—we did not call in a policeman; one was sent by the superintendent, and we gave the prisoner in charge for false pretences—he was taken before the Magistrate and discharged—this letter is my husband's writing (This was from Mr. Dale, to the prisoner, stating that, unless the 10l. was paid before eight days, the prisoner's boxes would be broken
open, in the presence of witnesses)—I mean to say, that the authority to open the boxes was not given by my husband, and I have witnesses to prove it—I put Mr. Simpson's I O U into my cash box when the prisoner gave it to me, and afterwards put it into my pocket, to show to some friends, Richard North and Thomas Walton—my brother-in-law was not bankrupt about Jan.—Ido not know when he was bankrupt—I know nothing about his failing; I have enough to do to look after my own property—there was not certain property of his at our house; it is a false accusation—the policemen were not there two or three days ago about it; it is false; a false accusation again Sir, quite false.
Q. Did not Boucher serve a summons against you, to appear at the Bankruptcy Court? A. To know whether he was in England—I never threatened to be revenged—I know Mrs. Coppin; she is one of our lodgers, to my sorrow; I never told her that I would be revenged en Boucher; vengeance comes from the Almighty, not from me—I did not show her the I O U signed by the prisoner, for 3l. 6s., or another for 6l. 13s. 4d.; I had them on Mr. Boucher's own account—I did not, about six weeks after Mr. Boucher served the summons on me, come home and say to Mrs. Coppin, "I have found an I O U of Mr. Boucher's, which I did not know I had, I found it in an envelope; it is quite false—I have never offered her money, if she would be on my side against Boucher, I have no money to spare—I have never offered Mrs. Lewis, another lodger in our house, money; they owe me too much—I have not received any of the papers from the prisoner's box.
MR. SHARPE. Q. What was the second time Mr. Boucher came to your house? A. I cannot say to a day, but it was the beginning of Jan.—he left the second time on 28th Jan.; he never came back again to live—he never paid me any of the 10l. he owed me—he gave me an I O U in Nov., when he borrowed money of me, and the other was in Dec.; he never paid me a farthing—I have never received a halfpenny of him since 20th Oct.—my husband did not give him in charge, he was given in charge for obtaining grocery by false pretences—this (produced) is the I O U of 23d Oct., and I gave him three sovereigns—I do not know this writing, "John Simpson," at the bottom of it, but all the upper part is the prisoner's writing—I did not know that John Simpson was the publisher of the "Illustrated Inventor;" I believed that he wanted 3l., and parted with it upon the promise that Mr. Simpson would give 6s. interest—I believed that Mr. John Simpson wanted to borrow it; I had lent money to Mr. Boucher before, and had had it back—Ibelieved what Mr. Boucher told me, that Mr. Simpson was the publisher of the paper, that it was not to come out till 30th Oct., and that, as he had an invalid father to keep, he wanted the money, and did not mind paying 6s. for it—Boucher told me that Mr. Simpson asked him to borrow it—I believed that statement, and lent him the money on that account.
JOHN SIMPSON . I live at No. 289, Strand, and am the proprietor of a paper called the "Illustrated Inventor"—I have known the prisoner six months, or a little longer—I never authorized him to go to Mrs. Dale and borrow 3l. on my account, nor did I tell him that I would pay 6s. interest for the loan of it till 31st Oct., nor any thing of the kind—this signature to this I O U is not my writing, nor written by my authority—it is nothing like my writing—I knew nothing of Mrs. Dale till lately.
Cross-examined. Q. Were you at Bow Street when the prisoner was charged about another I O U? A. When he was charged with something, I do not exactly know what—I believe there was a charge of another I O U from Mrs. Dale, but it was not gone into.
Cross-examined. Q. Who gave him in charge? A. Mr. Dale—I told him the charge; he said that he had been taken before a Magistrate once about an I O U, and was discharged.
THOMAS WALTON . I am a builder, of No. 20, Great George Street, Westminster. I was shown an I O U in the first week in Nov., by Mr. Dale—it had the same signature as this; it was not signed by Boucher.
Cross-examined. Q. Was Mrs. Dale there? A. Yes—I had never seen an I O U before, and that was the reason I had asked Mr. Dale to let me look at it, as I did not know anything about such things.
RICHARD NORTH (Policeman, D 93). In Feb. last, Mrs. Dale showed me this I O U, to the best of my knowledge, at her house—I cannot say the day; it was in the evening—I was present at his trial at the Westminster Sessions; it was for obtaining a coat from Mr. Benjamin by a fictitious cheque.
Cross-examined. Q. How came the I O U to be shown to you? A. We were speaking about it—Mr. and Mrs. Dale were there—Mr. Dale was called as a witness at Clerkenwell, and he was called at the Police Court.
JOHN SEAWARD (Policeman, B 171). I went to the place where the prisoner's boxes were, and opened them, by the authority of Inspector Mackenzie—aboutseventy or eighty pawn tickets were produced at that time.
Cross-examined. Q. Did Inspector Mackenzie send you of his own accord? A. Yes—Superintendent Denby put him in motion—the boxes were looked—itwas on 10th March—I unlocked them with a bunch of keys which a young man had—I do not know what became of them afterwards—there were a great quantity of papers.
MR. LEWIS called
ELIZABETH COPPIN . I am a lodger in the house of Mrs. Dale; I have lodged there about ten months—the prisoner also lodged there—when he left, he left his boxes in my possession for safety—they were removed by Mr. and Mrs. Dale—on 25th of Jan., Mrs. Dale brought me some I O Us of the prisoner's—shebrought them up to my husband to reckon up; they were in hit hand, and I looked over his shoulder and saw them—Mrs. Dale never offered money to me—she made a statement about being revenged upon the prisoner—(MR. SLEIGH objected to the question, as being collateral to the issue MR. LEWIS stated that the question was put to test the credibility of the prosecutrix. THE COURT was of opinion that the question could not be put; whereupon MR. LEWIS stated that all the evidence would be of the same character, and he would not proceed with it.)
MR. SLEIGH conducted the Prosecution.
SAMUEL JOHN ROWSELL . I am an account book manufacturer, of Cheapside, with my father. About 9th July, the prisoner, who I had seen two or three times previously, called—I had never had any transaction with him—hehanded me this card: "Edwin Boucher, Secretary to the General Pictorial Exhibition Company," and, in pencil, "12, Beaufort Buildings"—he said, "I am surety to this Company, which is now in actual course of formation, are you willing to supply such goods as may be required for the Company?" I said, "Yes"—he named certain goods, which he requested might be sent that evening to No. 12, Beaufort Buildings—they came to 3l., and I sent them—the prisoner subsequently called upon me at various times, and
obtained other goods, which I sent to the place indicated—I parted with them believing that he was secretary to the company, that it was in actual course of formation, and that he was authorized to order goods on their behalf.
Cross-examined by MR. LEWIS. Q. Did he give you two or three references? A. On the following morning—I did not make any inquiries—I went and saw him at Beaufort Buildings, and asked for a reference—he gave me the name of Mr. Landells, of the "Illustrated London News," and I cannot remember the other—I identify the books by marks on them.
MR. SLEIGH. Q. Why did not you go to Landells? A. Because he said that he was going there—nothing was said about a reference on the first day—Iparted with the goods entirely on the representation he made to me.
ALFRED CARVER . On 29th July, these books were pawned at Mr. Whittaker's, a pawnbroker's, in the Strand, to whom I am assistant, for 8s., in the name of John Parker, and, to the best of my belief, by the prisoner—fivepledges have been taken in of him since July—they were in Aug., Sept., and Dec.
Cross-examined. Q. Have you always been certain that it was the prisoner? A. Yes—I at first confused him with another man, whom I have since seen.
Cross-examined. Q. Did not Mr. Dale bring a pawn ticket to you? A. Yes—I cannot say that he stirred me up—I am paying for this prosecution; it is not a subscription.
BALE BERNARD . I live at No. 6, Maldon Buildings, and was one of the directors of the General Pictorial Exhibition Company, at the end of 1856 or the beginning of 1857—it remained in existence three or four months only—thelast regular meeting was on 8th April, but the meeting at which the dissolution took place was held at Mr. Maddocks', in Serjeant's Inn—previous to that the prisoner was secretary of the company; he was one of the promoters of it—in May, 1857, his services were dispensed with, and he was dismissed—Mr. Maddocka proposed that the chairman and secretary should be dismissed—Isupported the proposition, and as it was not opposed, I consider that he was dismissed—I did not, on behalf of the company, give him authority to act for them after that date—he had no authority from me, or in behalf of the company, to order goods of Messrs. Rowsell.
Cross-examined. Q. Then there was no actual dismissal? A. There was no formal dismissal by resolution—Dr. Carr was one of our directors, I think he was represented at that meeting—I ceased to be a director after 8th May—Iconsider that the whole thing was dissolved—as far as I know, it ceased to exist after that meeting—I only know what was done up to that time.
MR. SLEIGH. Q. Has anything been done in reference to the company since that time? A. Nothing, to my knowledge—Dr. Carr and others are precisely in the same position as myself—I attended the third meeting the first time—the company was virtually brought to a close by a resolution, but it died a natural death, and the prisoner's connection with it ceased at that time—it was certainly not in course of formation—I never saw him at Mr. Maddocks' office after that.
MR. LEWIS called
has ceased yet—I was one of the original directors, and was present at every meeting—I do not think the prisoner was ever dismissed—at the beginning or middle of June we were trying to obtain some fresh directors for the society—we did not employ the prisoner, but I know that he was obtaining them—he was to be the secretary—this was before and subsequent to 29th July.
Cross-examined by MR. SLEIGH. Q. Did you attend the meeting at Mr. Maddock's office? A. Yes—it was not a business meeting; it was merely a meeting for conversation—it had nothing to do with the direction—I did not see the defendant that day—I had not seen him for several weeks—the meeting was held at the Blue Bear, or some coloured bear, in Piccadilly—we had not been holding them every week—I think the last meeting at the Bear was on 7th May, 1857—he was not paid a farthing as secretary—I did not authorize him to go to Messrs. Bowsell, or anybody in particular, for books—before July, we authorized him to obtain stationery and books—I cannot say who was present, but four or five directors—Mr. Bernard was there, I believe, and Mr. Ferrand and Mr. Brooks—I did not see the prisoner for three or four weeks after the meeting at Maddock's—he did not say anything to me about being at Rowsell's—he told me, before May, that he had procured books—he did cot say a word to me about it after the meeting was over.
COURT. Q. Did the society struggle into existence at all after July? A. It was then in the process of re-formation, but that process never became completed—we could not procure a sufficient number of directors, but if Mr. Boucher had been at liberty, we could have made further exertions—the society must be absolutely out of existence now, but not till this prosecution—thereare no shares allotted—I have not paid for any—a prospectus was issued—the society would have required account books and share books—not a single meeting was conducted at No. 12, Beaufort Buildings.
GUILTY .— Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
ELIZABETH GRAY . I am the wife of William Gray, who lives at No. 39, Upper Thames Street. On 21st April, I was going on board a steamboat, near London Bridge pier—I had a gold watch on—this is it (produced)—itcost 19l. 5s.—I missed it within three minutes of its having been stolen—I saw it when I left home—I picked this ring up on the ground three minutes after the watch was missed—we were detained three quarters of an hour for a boat—an accident had happened, the place was very much crowded, and I was jostled—I then felt for my watch, and it was gone.
Cross-examined by MR. METCALFE. Q. Is your name on the watch? A. Yes, and the date when I bought it, in 1835.
WILLIAM COPPING (Policeman, K 379). On Sunday night, 2d May, I went with Sheridan to No. 4, George Street, Brick Lane, Bethnal Green—it is not a respectable neighbourhood—there are only two floors—the prisoner occupied one room up stairs—there were four chairs and a table there—it was about 11 o'clock at night—when I went in I saw this gold watch, with some more property, on the mantelpiece—I took it down—I took it down in his presence—Sheridan spoke to him; I did not—I took the watch away—theinspector asked him, at the station, where he bought it—he said he did not know who he had it from.
Cross-examined. Q. Did not he say he had given another watch in exchange for this? A. No.
EDWARD SHERIDAN (Policeman, K 433). I went with Copping—I saw him take this watch from the mantelpiece—when he took hold of it, the prisoner said, "Let that watch be; it belongs to my wife"—I said, "Stand back; everything that belongs to you, you shall have before we go"—the sergeant on duty asked him where he got it—he said, "I don't know, but it was in the way of trade; I will take 6l. for it."
Cross-examined. Q. Do you not know that he travels round to country markets as a dealer? A. I have heard that he goes in the country to sell things—I found invoices in his room—there were some there—I also found a quantity of mufflers—I have not read these invoices, because Copping took possession of them—he told me he had exchanged this watch for another—Isaid, "It is rather a valuable watch," and he said, "I will take 6l. for it"—I said, "Now that we have it, perhaps you will, but not heretofore."
MR. SLEIGH. Q. What else did you find in the room? A. Nine hundred and eighty-nine silk handkerchiefs, a set of plated carriage harness, seventeen pounds of cigars, thirty-seven watches, thirty-three silk wrappers, two pieces of silk, one lace cape, nine pieces of ribbon, two pieces of calico, one cloth mantle, one coat, six spoons, one umbrella, a case of surgical instruments, twenty pairs of scissors, four knives, a cigar case, and two pawnbroker's duplicates.
(The prisoner received a good character.)
NOT GUILTY .
573. CHARLES GATES was again indicted for breaking and entering the warehouse of John Powell, and stealing 160 lbs. weight of cigars, value 70l.; his property.—2d COUNT, feloniously receiving the same.
MR. SLEIGH conducted the Prosecution.
JOHN POWELL . I am a cigar manufacturer, at No. 4, Park Terrace, Cannon Street Road. On the morning of 3d April, at 6 o'clock, I found that my premises had been broken open—they were secure the night before—I I missed 160 lbs. of cigars, which were just manufactured—these cigars (produced) are my manufacture—I know the premises were fastened up at 6 o'clock the night before—we were about till 12 o'clock in the garden, and if the doors had been opened we should have seen them—a pair of folding doors, going into the top factory, had been forced open—they have to be got up to by a ladder; there was a ladder at the bottom of the yard—the stile of these doors was forced away—it is half glass and half panel—the warehouse is in the parish of St. George's-in-the-East.
WILLIAM COPPING (Policeman, K 379). On Sunday night, about 11 o'clock, I went to the prisoner's house, and said, "Have you got any cigars here, we are police officers?" he said, "I have got a few in a box"—I took them out I of the box; there were nearly 10 lbs.—I looked round the room, and found a carpet bag under a mangle, in which were 5 lbs. or 6 lbs.; on the top of the mangle was a lady's bonnet box, in which I found this bundle of cigars (produced)—I weighed them all afterwards, and they weighed 17 3/4 lbs.—I asked him where he bought them; he said, "Of a man for a sovereign, last Friday morning, in a public house"—he was told the charge at the station, and made no answer to it—I found other things in the room.
Cross-examined by MR. METCALFE. Q. Did you ask him to show you the public house? A. No; he told the inspector he did not know what public house it was—he was not asked to go there; but if he had offered, I should have taken him there—I did not hear him say, "A public house near the Change;" but there was so much talk.
MR. SLEIGH. Q. Did the inspector ask him what public house it was? A. Yes, and he said that he did not know—when the charge was read over to him, he did not reply.
EDWARD SHERIDAN (Policeman, K 433). I asked the prisoner, when the cigars in the box were found, whether he had any more cigars in the house, and he said, "No;" I said, "You may say what you like, but we will proceed to search;" and Copping took out a carpet bag, containing cigars, from under the mangle—the prisoner then said, "That is all I have; there is no more;" and, when the bundle was found in the hat box, he said, "I really did not know I had such a thing as that in the house at all;" and at the station he repeated the same statement; and I asked him there how he became possessed of them; he said, "I bought them of a man for 1l., in a public house; in what street, I do not know; it is down a step"—he did not ask me to go there, or offer to go with me—I heard the sergeant ask him at the station where the public house was; he said, "I know the house, but I do not know where it is; I cannot tell you the street."
GUILTY on 2d Count. — Confined Two Years.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
WILLIAM COPPING (Policeman, K 379). On Thursday morning, 15th April, about 11 o'clock, I saw the prisoners with a hamper, each holding a handle of it—I followed them, and they were stopped by Mile End Gate—therewere fowls in the basket, and I asked George Wheeler where he got them from; he said that he bought them of Mr. Baxter, of Leytonstone, and gave 4s. each for them—two other officers followed them, but I did not—I heard George Wheeler say at the station that he bought them at Romford, on Wednesday—I asked him whether he saw any persons there whom he knew, he said that he did not.
Cross-examined by MR. RIBTON. Q. Was there another person with you at the first conversation? A. There was one just in front of me; he is here—Ido not know Mr. Baxter; he is not here—he lives at Leytonstone, three or four miles from there—what George Wheeler said, was not that he had brought them from Mr. Baxter's—there were three other fowls in the basket; this young cock was left in the station yard, and was ordered by the Magistrate to be given up to the old lady, Ann Cressell; she has had the care of it since the committal—the prisoners are father and son, they live in North Street, Whitechapel Road—George keeps a coffee shop, and, I believe, the son is a baket—Wednesday is a market day at Romford—Mr. Baxter's is, perhaps, seven or eight miles from Romford—they would have to go some considerable distance to get to where I met them, if on the way from Mr. Baxter's to Romford—the other three fowls are at the station now, I have not given them up.
this cock; I knew him when he was shown to me; he is very fond of his home, I never knew him to go away—I had seen him last on Wednesday morning, the morning before—I have remarked his head very much; the beak is very short, I never saw one like it, and I have fed him every day for more than twelve months—I had only that one and seven hens—the hen house was bolted up, and he was in it, and the seven hens—I saw him on the Tuesday, and missed him on the Wednesday.
CHARLES COLLINS (Policeman, K 435) Cross-examined by MR. RIBTON. Q. Did you go to Mr. Baxter's? A. Yes; he lives at Wanstead, and is a gentleman—what George Wheeler said was, that he bought them at Mr. Baxter's, not that he brought them from there.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
WILLIAM HILLS . I am a pig dealer, of Leytonstone. On the evening of 5th April, I turned a mare out into the forest—I missed her at 7 o'clock next morning, and on Friday, 10th April, found her in the New Market—she was worth 5l.
Cross-examined by MR. SHARPE. Q. How long had you had her? A. Not three weeks—Copping did not point her out to me in the market; she was not in his possession then—I did not, at one time, think I had left her in the stable—I am certain it was 5th April; it was Easter Monday, about I o'clock in the day, that I turned her out—I have not said that I missed her on Sunday—I gave 5l. for her—I had never seen the prisoner before this occurred.
HENRY HEATH . I am a market gardener, of Lewisham. I have seen a mare this morning in Copping's possession—I bought her of the prisoner on Easter Tuesday, 6th April, between 1 and 2 o'clock in the day, for 55s.—the purchase was made in the Kent Road.
Cross-examined. Q. Was it in a public place? A. Yes—there were several people about at the time—she was nearly a fortnight in my possession, and I took her to Romford market to sell her—I consider 55s. to be more than she was worth—the prisoner said that he had just had a chop that morning, and that I should have the chop or change—this was at the World Turned Upside Down, in the Kent Road.
The prisoner's statement before the Magistrate, was here read as follow:"The two men who were with me know as much about the horse as I do."
GUILTY on 2d Count. *— Confined Two Years.
MR. COLERIDGE conducted the Prosecution.
JAMES ROBERT BURTON . I keep the Cooper's Arms, West Ham. On 5th May, about twenty minutes past 12 o'clock at night, I saw the house all safe; nobody could get in without moving the verandah in front of the house, and which is about fourteen feet from the ground—there is a window and a door in the centre—I believe that door was fastened; it was at 10 o'clock, with a lock and key—I was called up about half past 1 o'clock, by the police coming up to my bedroom door; I went down with them, and saw the prisoner
standing before the bar dreadfully drank—I only missed some beer which had been drawn from the engine—there were footmarks of three persons on the balcony—the post of the balcony window was broken, so that I could not fasten it, except with a small piece of rope—the window was shut—I gave the prisoner in charge.
Cross-examined by MR. SLEIGH. Q. Was not your wife examined about this matter? A. No—she went to bed only five or six minutes after me—Fenton, the watchman at a coal wharf, was standing at the door when I came down—he had got the prisoner inside the door, keeping him in.
WILLIAM FENTON . I am a foreman and watchman to Dixon and Co. On 6th May, I was walking past their house, and saw the prisoner in the house—Iwent to the door, and stopped him till a policeman came, and took him in charge—the door was open—I did not see any light—the prisoner was very drunk.
MATTHEW JONES (Policeman). On the morning of 6th May, I was passing the prosecutor's house, and saw the prisoner—I asked him if he lodged there—hesaid, "Yes"—I said, "Why do not you go up stairs, and rouse Mr. Burton"—he said, "I have been up stairs twice"—I went up, and aroused Mr. Burton.
NOT GUILTY .
BENJAMIN SUTTON . I live at West Ham. On 22d April, the prisoner came to me, with a young woman, and hired a room of me—Mr. Parker, who was boarding with me, knew the prisoner, and they shook hands, and had some conversation and some drink—the prisoner asked Parker if he would lend him the coat—he said, "I cannot do that, for I want to go to London"—theprisoner went up into the young woman's room with her, and when he came down, Parker had gone to the water closet, and the prisoner took up the coat from a chair, saying that Parker had lent it him, and he would be back in half an hour, as he was going to look after some money—when Parker came in, I spoke to him, and he went to look after the prisoner—this (produced) is Parker's coat—it is torn here.
(The prosecutor did not appear, being at sea. The prisoner produced a written defence, stating that the prosecutor had lent him the coat.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
SARAH ANN COLES . My husband keeps the Ship and Billet, at Green wich. On 26th April, the prisoner came there, and I served her 2d. worth of gin—shegave me a half crown; I gave her 2s. 4d. change, and put the half crown into the till; there was no other there—I went to the till about five minutes afterwards, and examined the half crown; it was bad, it bent readily—I burnt it—I saw the prisoner again, on Tuesday, 4th May; she came, and called for a half pint of 6d. ale—I knew her directly she came in—shegave me a bad half crown; I called my husband, and gave it to him—Isaid to the prisoner, "You gave me one yesterday week"—she said she had not been in the house before—I am quite certain she is the same person—my husband sent for a constable, and gave her into custody.
MASK COLES . I keep the Ship and Billet. I was there on Tuesday, 4th May; I saw the prisoner at the bar—my wife made a motion te me to pay attention—she handed me a half crown; I examined it, it was bad—I sent for a constable, and the prisoner was given into custody—I gave the half crown to the officer—I asked the prisoner where she lived; she said she should have to answer that question elsewhere.
JAMES SILWOOD (Policeman, R 434). I was sent for to the Ship and Billet, on 4th May; the prisoner was given into my custody—I heard her say she had not been there before—I received the half crown from Mr. Coles.
Prisoner's Defence. I did not know it was bad; I was not there that day week.
GUILTY .— Confined Six Months.
Before Mr. Recorder.
WALTON PLEADED GUILTY .
HILL PLEADED GUILTY .
Confined Twelve Months.
PLEADED GUILTY .— Confined Two Years.
MR. LANGFORD conducted the Prosecution.
ELIZABETH HOLMES . I am the wife of William Holmes, a police constable of the R division. On the morning of 13th April, I went to the shop of Henry Wilson, a butcher in Broadway, Deptford—I saw the prisoner in the shop, serving—I said, "I want a pound and a half of beef steaks"—he served me with it; I gave him a shilling—I have that shilling here; this is it—he gave me no change.
HENRY WILSON . I am a butcher, of the Broadway, Deptford. The prisoner was my servant—on 12th April, I directed the last witness to go to my shop on the following morning—on the morning of the 13th, I came into my shop about ten minutes or a quarter past 7 o'clock, and asked the prisoner if he had taken any money—he said, "Sixpence and 4d. worth of coppers"—Iasked him if a woman had not been for a pound and a half of beef steaks—hesaid, "There has been a woman who asked for a pound and a half of beef steaks, but she went away without it"—I then called a constable, and gave him in charge; I was present when the constable searched him—about 19s.
was taken from him altogether—this shilling (produced) was found on him—Iknow it by a mark—I told the boy I had marked that shilling, and that I knew a person had been for the steak, and that was why I gave him into custody—he said he had only 1s. in his possession—that was before he was searched—I am sure that he said nothing about the shilling, when he told me he had taken 6d. and 4d.
Cross-examined by MR. METCALFE. Q. His wages were 12s., were they not? A. Yes—he had been with me about eight or nine weeks—I had no character with him, but I found out afterwards that he had borne a very good character—I was quite satisfied with him—his friends are very respectable indeed—he lived in the house, and had board and lodging.
ALFRED JOHN CROUCH (Policeman, R 92). I went to the prosecutor's shop on the morning of 13th April, and saw the prisoner in the shop—his master said he should give him into custody for stealing a shilling—he said he had only 1s. about him—I searched him, and found on him tea shillings, three half crowns, and five sixpences—among them was the shilling I produce.
GUILTY.—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Three Months.
MR. POLAND conducted the Prosecution.
ALFRED JOHN CROUCH (Policeman, R 92). I was on duty, on Friday morning, 23d April, at Church Street, Deptford, about half-past 8 o'clock—Isaw Kennedey coming out of the shop of Butler—that was the first time I had seen him—the shop is about 200 yards off the premises where the robbery took place—I went into the shop, and asked Butler what the man had sold who had just gone out; he said, "Some fat;" I said, "How much?" he said, "About a quarter of a cwt;" I said I expected it was stolen, as a man who worked at Mr. Hills' was suspected; he said, "I hope not"—he showed me the fat in a tub in the yard—I examined it, and said, "I have no doubt that is Mr. Hills' property, being raw fat"—Butler did not then say what he gave for it—I asked him to take care of it, and I would go and find the prisoner Kennedey—I went to Mr. Hills', and, during the time I was there, Kennedey passed by the shop door, in the same dress he has on now—when I first saw him, he had a fustian jacket on—he might have had a smock, but I did not see it—I went out and stopped him, and asked him what account he had to give of the fat sold at "Noble's"—Butler's shop is generally known by the name of "Noble's;" it used to be kept by a man of that name, and that name is over the door—he said he met a man in the New Town who gave him the fat to sell—I then asked him what he had done with the bag, and the money he got for it; he said he had given it to the man who was waiting for him at the corner of Giffin Street—he did not say what money—I asked him where his coat was; he said he had been home to breakfast, and had left his jacket at home; I said, "I expect you have left the bag as well, for I don't believe your story; I shall take you into custody"—I then took him into Mr. Hills' shop—he there repeated the statement about the man meeting him—I said I should charge him with the unlawful possession of the fat; he turned round, and said, "You can't swear to the fat"—I took him to the station, and searched him, and found on him 9s. 6d. in silver and 2 1/2 d. in copper—I asked him how he accounted for the possession of so much money; he said, 1s. belonged to him, the other was money he had got
for the fat; I said, "I thought you told me you gave the money you got for the fat to the man;" he said, "I did not tell you so; I told you I meant to give the money to the man"—on my way, I looked in at Butler's shop—he identified the man, and gave me up the fat—he said there was 1qr. 18lbs.—hesaid he gave 8s. 7 1/2 d. for it—I showed the fat that Butler gave me to Mr. Hills, at the station.
Cross-examined by MR. ROBINSON. Q. You say the name of Noble was on the door? A. Yes—Butler had been in the business some time—he has had the business about five months; that is, reckoning up to the present time—there was no other fat in the tub—there were other tubs about—I found the fat, when I came hack to Butler, in the same state as when I left it—Butleridentified the man Kennedey.
BENJAMIN HILLS . I am in partnership with my father; we carry on business at High Street, Deptford, as tallow merchants. Kennedey has been in our service about five years—on the morning of 23d April, he was brought in by the constable—he generally goes to his breakfast about 8 o'clock—whilethe constable was speaking to him, he turned round and said, "Mr. Hills cannot swear to the fat"—Crouch charged the prisoner—I was afterwards shown the fat—there was about 45 lbs. or 46 lbs.—the value is 16s. 6d.—we gave that price for it the day before—it is a peculiar description of fat.
Cross-examined. Q. You do not know it was the same fat? A. I cannot swear to it—it was the same description as that we had bought—if it had been collected more than three or four days, it would have been more putrid—Ido not think there are any men who go about and collect fat from the butchers to sell to the melters—I believe that the melters are the only purchasers.
Kennedey. Q. Are you able to say if I had been, on your premises before, that morning? A. I cannot say.
MR. POLAND. Q. At what time ought the workmen to come in the morning? A. At 7 o'clock.
Kennedey's statement before the Magistrate was read as follows:—"I received it of a man that I am employed to work under, at Mr. Hills', to sell, at twenty minutes past 8 o'clock, on Friday morning last; I don't wish to state any more at present.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
JOHN CARTER . I am a watch maker, of Hackney Road Crescent, Bethnal Green. On Sunday, 29th March, about mid-day, the prisoner brought me this bowl of a silver spoon (produced) in this state, and I offered it for sale—Iasked her where the other part was—she said she had it at home—I bought it, and she said that she would bring the other—she went away, and returned in about an hour, and brought me the other part, in two pieces (produced)—Iasked her address, and she told me—I asked her where she got it—she she said she bought it of a woman for 9d., and thought it was plated—I gave her 13s. 9d.—she gave her address, No. 24, Birdcage Walk—she had been to the shop before, and sold me a small piece of silver and a thimble—on leaving, she said she would go and see if the woman had any more, and returned in half an hour, and brought me this other (produced)—she said that there were ten more, and would I purchase them—I said, "Yes," and she went away—I gave information, and had a constable waiting—she came back in two hours, and brought the ten spoons; they are all of the same
pattern—I said, "It is a pity the names are taken out, as it defaces them"—shesaid that she did not know where the woman got them from—I beckoned to the policeman, and he came out and took her—I handed him the ten spoons, and kept the two.
Cross-examined by MR. COOPER. Q. Had you known her before? A. I had seen her once, when she sold me half of a half crown and a thimble—I tested the spoon before I bought it—she did not ask if it was silver; she said, "Will you buy it?"
JOHN GODDARD (Policeman, H 222). On 29th March, about 3 o'clock in the afternoon, I went to Mr. Carter's—I was in the parlour, and saw the prisoner come in, and offer these ten spoons for sale—I asked her where she got them—she said, "I bought them of a woman for 9d. each, and I thought they were plated, but afterwards I tried them with some stuff, and thought they were good, and came to London to make a little money of them unknown to my husband"—I asked her where she lived—she said, No. 24, Birdcage Walk, Bethnal Green—I told her to give me the right address, and then she said, No. 24, Hill Street, Woolwich, and that the other was her brother's address—I took her to the station—she was taken to Worship Street, remanded for a week, and discharged on 50l. bail, as no owner of the property appeared at that time.
Cross-examined. Q. When an owner appeared, was she taken before a Magistrate again? A. Yes, at Woolwich—her husband is a marine store dealer.
WILLIAM BOYD SAUNDERS . I am a captain in the Royal Artillery, and was stationed at Woolwich—I left on or about 20th Nov.—I had a chest of plate in a storehouse, in the barracks there; it was locked—I did not miss any of it till three weeks ago; I then found that the chest had been forced open, and missed twelve large table silver spoons, with a crest on them—these produced are the same size and pattern, and there is an erasure where the crest was—here is enough left of the crest to enable me to identify it—it is a bull's head coming out of a coronet and four legs—here is another with a little bit left—I have no doubt about them.
(The prisoner received a good character.)
GUILTY .— Confined Three Months.
Before Mr. Common Serjeant.
585. CHARLES CARTER (19) , (a soldier), Stealing 1 tunic, value 30s., the goods of John Buts; 1 cloak, value 2l., the goods of Asbley Ralph; 1 pair of boots, value 10s., the goods of William Bowler; and 1 leather hobdall and other articles, value 6s. 6d., the goods of Frederick Card; having been before convicted: to which he
PLEADED GUILTY .— Confined Eighteen Months.
MR. LANGFORD conducted the Prosecution.
JAMES ALLEN . I am a carpenter of No. 19, Burney Street, Greenwich, and have a workshop in George Street. On Tuesday night, 8th April, I locked up my workshop at a little before 6 o'clock, leaving all my property safe—these are all my goods (produced)—they were safe in my shop—I went at a little after 6 o'clock in the morning; the apprentice met me, and told me something, and I found the window at the back of the shop broken; the glass
had been taken out, so that any person could get in; the tools were all gone—the prisoner must have got over a wall eight or nine feet high—the prisoner had called on the Tuesday before, to ask for a job.
Cross-examined by MR. PLATT. Q. Have you said that you were not quite sure he is the man who called before? A. I never did—my name is on these tools; the basket is mine.
JOSHUA MULLINS . I live at No. 32, Belmoth Street, Greenwich, and am a carpenter, in the service of the last witness. On Friday morning, 9th April, about half past 6 o'clock, I went to his workshop alone, and saw that the shop bar had been taken down, and the window opened—the apprentice was there—he is not here—I do not think he had gone into the shop—I saw him a few yards from the door—I went in about five minutes afterwards—the apprentice had opened the door with the key before I came—I missed these tools, which were there the night before—I believe I saw the prisoner on the Wednesday before, come to the shop for a job.
JAMES WESTBROOK (Policeman, R 114). On Thursday night, 8th April, I was in Deptford Broadway, at half past nine o'clock, and met the prisoner carrying this basket; he had this plane in front of him; there was a jacket, six saws, ten planes, a stock, and a mitre square—I called after him, "Are you a carpenter;" he said, "Yes;" I said, "If you are a honest man, you will give me an account, as we are loosing a great many things; what is your name?" he said, "Look;" I asked him if his name was stamped upon the tools; he said, "Yes"—he said he had been working for a gentleman named Watson, up a new street by the barracks, and was discharged on the Saturday night, but did not take his tools home with him; I said that I did not understand his tale, and I knew Woolwich pretty well—I took him to the station—hesaid that he lived in New Street, New Kent Road—I have been there, and asked, and saw a woman—Allen is the name on the tools.
Cross-examined. Q. Was he carrying them openly? A. I could see the planes perfectly—it was raining very hard—I was in plain clothes—I told him I was a constable.
GUILTY .**— Confined Eighteen Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
Before Mr. Justice Crowder.
MR. PLATT conducted the Prosecution.
attend on him—I found him in bed—the medical gentleman came to see him—he died about a quarter past 1 o'clock, on 2d May—he was quite lost—I was present at his death—I saw a wound on his head, behind his left ear.
THOMAS PERKINS . I am a labouring man, and live in Northumberland Place, Brixton. I had known the deceased from fifteen to seventeen months—Iwas in his company, at the Oxford Arms, on a late day in April—he, and Meaking, and Drummond were there—the deceased was sober—I continued in his company some time—the prisoner then joined, and we remained drinking for some time—after Meaking and Drammond were gone, a quarrel arose between the prisoner and the deceased; they began sparring—I went in, to try to stop it; we then had some more beer—after that came turning out time—the deceased was then the worse for beer; we were all three the worse for it—when we went out, the deceased and the prisoner left my arm, and began sparring, and the prisoner took and tapped him slightly on the face, with his open hand; it seemed to be a tap, and with his open hand—the deceased fell; he got up again, and rushed in towards the prisoner—he threw off his smock, as if to fight or spar—I went to pick it up, and I heard a blow struck, and I saw the deceased fall—there was no one near enough to have struck him but the prisoner—he fell heavily on the back of his head, and it bounded twice—he was knocked off the kerb into the road—the prisoner said, "That is the way to lay him out"—I went to the deceased, and saw the blood running out of his nose and mouth—Mr. M'Donald attended him, and he was taken home—up to this time they were quite friendly—I did not see anything in the prisoner's hand.
COURT. Q. When the deceased got up to rush at the prisoner, did he hit him? A. No.
JOSEPH YATES . I am a brewer's labourer, and live in Park Crescent. On that night, I was passing the Oxford Arms; I saw Mr. Freeman putting some persons out of the house; the prisoner was one, and the deceased was another—they were tipsy, but were friendly—the prisoner appeared to wish to see the deceased man home, and he took him about twenty-five yards—the deceased made an attempt to turn back, and they both fell to the ground; the deceased was uppermost—they got up, and were returning back towards the Oxford Arms, and I saw the prisoner strike the deceased a most violent blow, as they were walking back towards the Oxford Arms—after the blow, the deceased fell, and the prisoner said, "That is the way to lay the b—out"—thedeceased had been trying to get away from him; the prisoner wanted him to go home, and the deceased wanted to go back.
PETER MARSH . I am a gardener, and live in the Cornwall Road. I was in company with Mr. Harding that night, passing by the Oxford Arms; I saw the deceased and the prisoner sparring—the deceased fell, but whether by a blow or not, I did not notice—he got up again, and got sparring a little—atlast the prisoner gave him a blow, which caused him to fall on the road very heavily—there was no blow from the deceased man, that I saw—he was picked up, and seemed to have lost the use of his body altogether.
JAMES CONNOR . I am a surgeon. I was called to see the deceased—he had an extensive wound behind the left ear, and a superficial wound beside—Iexamined him after his death, and found a fracture at the base of the skull—what I saw was likely to be the effect of the fall, not the blow—the bruise behind the ear might have been a blow with the fist—there was considerable effusion of blood in the brain; the brain was congested—the being drunk and having the blow might cause the congestion—the bruise at the back of the ear was the cause of death.
GUILTY .— Confined One Month.
Before Mr. Recorder.
MR. BODKIN offered no evidence.
NOT GUILTY .
Before Mr. Baron Martin.
591. WILLIAM HENRY SELLESS (12) and HENRY JOHN HAMBROOK were indicted for feloniously killing and slaying John Thomas Boulton. Selless was also charged upon the Coroner's Inquisition with the like offence.
MARTHA WARREN . I live in Cross Street, Rotherhithe. On 17th April, about 1 o'clock in the day, I was in Cross Street—I saw two boys fighting—it was the prisoner and the deceased John Boulton—Boulton was rather taller than the prisoner; he was thirteen years old—there were several more persons there at the time, but only three men were there besides the children—the prisoner, Hambrook, was one of the men—when the boys were parted I heard Hambrook say to the prisoner, "Give it him right and left, and hit him once under the ear, and he won't want to fight again"—I did not hear him say which ear—the boys had two rounds after that, and the last round Selless hit Boulton underneath the left ear, and he dropped down, and gave a scream, and curled up his feet—he was taken up, and taken into a doctor's—Selless ran over to his mother's, screaming, and said, "Oh, mother, have I killed him?" and he ran to the doctor's as fast as he could, and he was not at home when he went.
Cross-examined by MR. HORRY (for Selless). Q. Did you see Boulton knock Selless down, while they were fighting? A. I did not see him knock him down at all—I saw Boulton fall; I stood quite close to him—that was when he screamed—I did not see him fall before that.
Cross-examined by MR. SLEIGH (for Hambrook). Q. You are sure that you were there while the fight was going on? A. Yes, I did not come up just after it was over, I was there, and saw it—I was just going to my work—when I first saw them, I was about the length of this Court off, and I went over—there was no crowd round them—there were five or six boys round them, that was all—I saw three men come up—I knew some of the boys by sight—I knew the men—I did not know one of them—one was Mr. Ventham—I did not know Hambrook before—I did not know the other man's name—I did not see anybody go up and try to part the boys before I got up to them—noone went up and parted them, until I told a young lad to go up and part them, and he went up and parted them—the other boys never touched Boulton at all—when the boy parted them, this man said, "Keep up to him, young one, and give him right and left"—I was as close to them as I am to this gentleman (the foreman of the Jury) when he said that—I did not hear the other men say anything—they did not come over at all, only one man came over—after the boy dropped down they came over, but not before—the three men were standing together over by the chapel—Hambrook was the first man that came up—he stood away from them—the two men stood together—the boys were fighting on the other side—Hambrook and the other two men were standing on the pavement, near the chapel door, while the boys were fighting across the street, and after the boy parted them, Hambrook came up and said something, whispered, and told him where to hit him—I can't say how many rounds there were before he made use of that expression; I did not count them—I dare say they were fighting somewhere about ten minutes before anything
was said—then the boy parted them, and Hambrook walked up and said to Selless, "Keep up to him young one, and give him right and left"—Hambrook never touched the boy when he fell—I know John Ventham, I saw him there while the fight was going on, he stood over by the chapel; he was one of the three men—Hambrook did not go over and pick the boy up when he fell; he put up his hand and went away; he did not speak to any person, and send him to get some water for the boy, a woman brought some in a tub—I did not hear Hambrook tell her to get it—a lot of people came up after the fight was over—at the time the boy fell there were several personi in the road, and when he fell a crowd collected—Hambrook was right inside the crowd, close to the boys—the crowd was pressing round us.
JAMES FRANCIS . On 17th April I saw the fight—while they were fighting, I heard Hambrook say to Sellees, "Hit him under the left ear, he won't want to fight you any more;" they commenced fighting again, and about five minutes afterwards Selless ran, and his right hand caught Boulton under the left ear—he staggered backward, and put his hand up to his ear, and screamed,"Oh, my God!" and fell—he was carried into a shop by Mr. Kitchen and another man—Hambrook went away.
Cross-examined by MR. HORRY. Q. Did you hear Boulton say anything to Selless about the goat? A. I did not hear him say it, but he was speaking about it to some other boy; and there was a quarrel about three buttons—Boulton provoked Selless; Boulton began the quarrel—they were good friends before this happened.
Cross-examined by MR. SLEIGH. Q. I believe Selless was first knocked down? A. Yes; at the first round Boulton knocked him down—they were pretty evenly matched—they were both about one height; Boulton was knocked down some rounds, and Selless other rounds—they fought very severely for little boys, not so violently as they did when Hambrook came, they had not had a dozen rounds; about three—it was Thomas Hayes that parted them—they had been fighting about ten minutes—Selless was knocked down about twice, and Boulton three times; I think that was before they were parted—it was after they were parted that Hambrook said this—they fought about two more rounds; it was at the second round that Boulton fell—Isaw the girl Warren there, she was near me; there was a crowd round them, Warren was the only female there—I did not hear Hambrook send anybody for water when the boy fell; I went and got a little jug of water—I did not see Hambrook pick the boy up—I went and asked a lady at a door to give me a drop of water—I do not recollect saying to anybody that I did not know who the man was that said to the boy, "Hit him under the ear"—I knew which one it was, because he was standing close alongside of me—I never said to anyone that I did not know who was the man that said it—I do not think I ever said, it was one of the men standing there, but I could not be sure which—I do not remember saying that I did not know whether it was Hambrook or not—Iwas examined before the Coroner—I do not recollect saying anything of the kind.
DAVID BOYLE . I live in Commercial Street, Rotherhithe. I saw the boys fighting—I did not see Hambrook there, or hear anything said to the boy—Isaw the boy fall, and saw the blow struck under his ear.
Cross-examined by MR. HORRY. Q. Do you recollect Boulton saying that Selless kept his goat starved? A. Yes.
Cross-examined by MR. SLEIGH. Q. Did you see the beginning of the fight. A. Yes; I was there until it was over—I saw Boulton knocked down
twice, and be knocked Selless down two or three times; I was close to them—Icould not hear all that was going on—I was about four yards from the boys when they were fighting—I saw Martha Warren there, and Francis; he was lying down along with me—I did not see Hambrook pick up the boy, or go for a doctor, or send anybody for some water—some water was fetched.
JAMBS CRAIG BOYLE . I saw the fight—I saw Hambrook there—I did not know him before—while the boys were fighting, I heard him say to Selless, "Hit him under the ear;" after that they were fighting a little while, and then Hayes parted them—they continued fighting again, and Selless hit Boulton at the side of the ear, and be fell—I did not hear him say anything.
Cross-examined by MR. SLEIGH. Q. He has been an inspector of police, has he not? A. Yes, for many years; he was just about to be pensioned off in consequence of ill health—I took Selless into custody—I heard his father say to him at the station, "That is the Mr. Hambrook that told you to hit him under the ear; and the lad said, "No, it was a person named Lane told me"—I do not know anything about Lane, I do not know him—I have known Hambrook nearly four years—I did not know anything whatever against him.
THOMAS SIMPSON . I am a surgeon, at Rotherhithe. I was called to see the deceased—I saw him about an hour after his death, I believe—on the following Tuesday I opened the body, the cause of death was the rupture of a blood vessel at the base of the brain—I certainly do not think that was likely to be caused by a blow under the ear, or behind the ear—there was no extravasation, there was no rupture of a blood vessel near the ear; it was at the base of the brain—the upper portion of the brain was in a very excited state, the vessels were all gorged with blood, and the boy tumbling would be quite sufficient to cause it—I think it was from a fall; I should say certainly not from a blow.
Cross-examined by MR. HORRY. Q. Then I understand you to say that the appearances you saw would not be caused by a blow such as has been described. A. I should say certainly not.
Cross-examined by MR. SLEIGH. Q. The extravasation might have taken place without any blow being struck as described? A. Most assuredly, from the excitement and the boy falling, without his hitting his head against anything—the sudden fall would be quite sufficient to rupture the blood vessel, considering the excited state the vessels were in—it was what would be called an apoplectic fit—there was not the slightest mark under the ear—I have known Hambrook for seven or eight years, as a police inspector in the neighbourhood—he always bore the character of a kindly disposed, humane person.
MR. SLEIGH inquired whether his Lordship thought that the cause of death was such as to amount to manslaughter. MR. BARON MARTIN was of opinion that it was quite sufficient; although the blow did not cause the death, yet if the Jury believed that it occurred in consequence of an illegal act, which a fight clearly was, in which the prisoners were engaged, that would be sufficient to support the present charge.
(Several witnesses deposed to Hambrook's good character.)
SELLESS— GUILTY.—Strongly recommended to mercy by the Jury. — Confined Three Days.
HAMBROOK— GUILTY.—Strongly recommended to mercy by the Jury. — Confined Three Months.
MR. THOMPSON conducted the Prosecution, and MR. PLATT the Defence.
NOT GUILTY .—The particulars of this case were not of a nature for publication.
MR. COOPER conducted the Prosecution.
NICHOLAS EDWIN . I am clerk to the Magistrates at Southwark Police Court. On 13th April, I went with Mr. Burcham, a Magistrate of Southwark Police Court, to St. Thomas' Hospital—I there saw the man, John Nelson, who has since died—the prisoner was present—Nelson was sworn—he was examined by the Magistrate—I have here his original deposition.
COURT. Q. Did you see the man dead? A. I did not.
(The deposition of John Nelson was here read as follows):—"John Nelson, on his oath, saith as follows:—I am a stoker on board the Ossian steam vessel, now lying at Horsleydown Stairs—on Saturday last, 10th April, the vessel was lying at Horsleydown Stairs—the prisoner was also a stoker—about half-past 10 o'clock on Saturday night, I went down to get a slipper for my sore foot—the prisoner was getting his tea—the lamp was hanging over the table—I took the lamp to look for my slipper—the prisoner desired me to put the lamp back—I said, "Cannot I have the lamp to look for my slipper?"—he then got up and seized me by the hair of my head, and struck me in my face—I did not strike him, but the lamp went out, and I went up on deck—Bob and Joe were in the room at the time—I told the man on the deck that I had been knocked about, and he went to my brother—it was Evans I told on the deck—I and my brother went from the deck into the stoker's room, where Huston was with the other two—my brother said to the prisoner it was a scandalous shame; it was made up between them to try to do as they liked with me—I said, "I will take any one man in the cabin," meaning to fight, "but I can't take two or three"—when I said that, the prisoner got up and walked to the platform in the engine room, and I went too, and we got to fighting—he knocked me down—he did not fall on me—before I got up, the prisoner seized me by my legs, and threw me down into the stoke hole—my head was towards the hole, and I fell the distance, I should think, of about ten feet—my brother was fighting at the same time with a stoker named Joe—my brother was not fighting with the prisoner at that time, but he was fighting with Joe—I recollect now that when the prisoner knocked me down he fell down too, and then he had hold of my hair, and I had hold of his—he got up and knocked me about again with his fists—I tried to get up, and then he caught my legs and pitched me into the hole—I did not see the prisoner lay hold of my brother by his legs."
WILLIAM EVANS . I am a seaman on board the Ossian. On Saturday night, 10th April, about ten minutes to 12 o'clock, I, and Huston, and the prisoner, were in the fireman's room sitting down together—Nelson, the deceased, came in, and asked for a lamp to look for his shoe—he took the lamp—Hustonordered him to put it down—the deceased did not speak; and as he was stooping to pick up his shoe, Huston got up and struck him—the deceased got up; the lamp went out—he went towards, the engine room to light
the lamp, and said he would get him a light—he came back with the lamp, and as he came into the fireman's room, I went on deck—the deceased came to me on deck about three or four minutes after—he said he had been abused by the men down below—I saw that his hair was all of an uproar, and some of his teeth were a little damaged—I went forward and told the deceased's brother about the quarrel down below—I then went below into my engine room to get some more water in my boiler, and as I came on deck again, the deceased's brother asked what game they had been up to—Huston heard that; he was in the furnace room at the time; he followed the deceased's brother towards the engine room—I jumped on the top of the main steam pipe, and found Nelson and Huston struggling, lying on the platform of the engine room; Huston got up and abused Nelson with his fists, and he afterwards got hold of him by the legs, and chucked him into the stoke hole—he was lying down; he had not time to get up; Huston got up, and held him down, and abused him—the hole is between six and seven feet deep—I looked down and saw him there—I afterwards went down below, and saw him lying onthe broad of his back, in front of the boiler—he laid there until he was carried away, about half an hour—I afterwards saw him in St. Thomas's Hospital; he lived four days—a man named Robert Neale was present during this occurrence, James Coates, and Joe Culbrett.
Cross-examined by MR. LILLEY. Q. How long has the prisoner been serving on board the vessel? A. A good while; longer than me—I have been three trips in her; about seven weeks—he is an Irishman—there were three Irishmen on board—I do not know whether the Ossian is in the river now—she trades between London and Liverpool—I saw the deceased trying to do his best; they were both lying down together—I did not hear the deceased say that he would take any one man—the platform is about seven feet deep; there is a hand rail to it; it is about eight feet long, and three and a half wide; the rail is about three feet high; any one can crawl under it—I did not see them rolling as they were on the ground—I am quite sure of that—there was a globe lamp and a hand lamp in the engine room; the engine room door was not open; the platform is outside the engine room; the fireman's room door was open—the vessel was not under weigh at the time—I do not know of any ill feeling on the part of any of the men towards the prisoner—I am not aware that he has been a good deal teased and annoyed by some of them—by all accounts the deceased and he had a slight growling once or twice—the men did not annoy and plague him that I know of—it very likely might have happened without my knowing it.
PETER NELSON . I am a fireman on board the Ossian. On Saturday night,10th April, in consequence of something that was told me, I went to Huston, down in the engine room, and said to him, "John, what is the reason you are ill using my brother in this manner"—he denied it, and got up, as if he was going to strike me, but he did not; he walked past me, and went on the platform of the engine room to my brother, and I saw them both scrimmaging together—I said, "I will stop all this, without any of that," and I went to the engineer, Mr. Coates, and fetched him out of his berth—I did not see any more—I saw no blow struck—I saw my brother lying in the stoke hole; it is about seven feet deep—he was taken to the hospital, and there died.
Cross-examined. Q. Did you not hear your brother challenge him to fight at all? A. No, I did not; nor a word from him at all—I did not take any part in the matter—I did not fight with anybody—I am quite sure there was no fighting with any others—I had no blows with any other man; I swear that positively—I interfered with no one—I saw when the prisoner got up
that he had a blow on his face, as if from a kick—I do not know who gave him that—I did not hear my brother say anything before they began fighting.
GEORGE FLINT . I am a lighterman, and live at Rotherhithe. I was on board the Ossian, between 11 and 12 o'clock—I saw the deceased being dragged by the hair of his head from the stoke room—I cannot swear to the man that was dragging him—he dragged him off the platform to the stoke room—if I looked at the prisoner a thousand times, I could not swear to him—afterthe man dragged him along, he caught him by the hair of the head, and flung him into the stoke hole—that was all I saw—I did not see the deceased kick the man in the face or strike him—I saw no violence on his part.
Cross-examined. Q. What were you doing on board at that time of night? A. Waiting to take my barge away at high water—my barge was alongside—Ihad been taking out her cargo—I was walking backwards and forwards on the deck, and hearing the man crying, "Murder!" I walked towards the stoke hole, and looking down I saw the man drag the other by the hair of the head to the stoke hole, and fling him down—I did not see any fighting between the two men—I saw no more than the two men there—I did not see Peter Nelson until after the accident happened—I was perhaps eight or ten feet from the men—I did not see them on the ground together, only Nelson.
CHARLES JOHNSON (Thames police inspector). On Saturday night, 10th April, I went on board the Ossian, about 10 minutes to 12 o'clock—from information I received, I went down into the stoke hole, and there saw the deceased lying on his back, and saw a quantity of blood lying on the plates of the stoke hole—Ithen stooped down, and examined his head, and found a wound just above the forehead—I fetched Huston, and said to him, in Nelson's presence, "How came you to throw the man down here?"—he said that they had had a quarrel about a lamp, and it was done in the struggle, or scuffle—Huston was at that time bleeding from a small wound on the bridge of the nose, and he told me that Peter Nelson had kicked him there—the deceased said nothing in the prisoner's presence that night.
Cross-examined. Q. Were you at the Police Court? A. Yes—I am not aware that there were any witnesses for the defence there—I heard a man, named Coates examined—Coates and M'Neil were the two first witnesses on the first day—I had them there—I do not know how it is that they are not here to-day—I gave them timely notice—I have been on board two or three times to them—I am not aware that the Ossian is not in the river now; I have not made inquiry—on the night of the occurrence I inquired among the stokers who saw it, and Coates and M'Neil said they did, and M'Neil was the one that charged Peter Nelson—they stated that he rolled off, and was not pushed off by the legs—I went on board on the Sunday night, and told them that the examination would be on the Monday, and they were there—the Ossian has since sailed, with them on board—she has been back several times since, and I have been on board and seen these two witnesses.
SIDNEY JONES re-examined. I do not know, of my own knowledge, when the deceased was brought into the hospital—I saw him casually in the ward—Icannot remember on what day—I afterwards made the post mortem examination—the cause of death was the fracture of three cervical vertibrae, with bruising or disorganization of the spinal cord at the seat of injury—the other organs were perfectly healthy—the fracture might have been produced either by a fall on the head or by a weight falling on the head—it might have been produced by a fall.
GUILTY ,— Confined Twelve Months.
Before Mr. Common Serjeant.
MESSRS POLAND and LEWIS conducted the Prosecution.
WILLIAM HINCHCLIFF . I am a corn dealer, of No. 144, Southwark Bridge Road. On 6th April, between 8 and 9 o'clock in the evening, the prisoner came, and one of my shopmen drew my attention to a bad shilling in her presence—Iasked her whether she had any good money about her, she said "No"—Isaid "I have reason to suppose you have come to the shop on many occasions offering bad money, and, as we have had so much bad money offered, I shall feel it my duty to give you in charge"—she tried to leave the shop, but I prevented her—she begged me to let her go, and she would never do any thing of the kind again—I gave her in custody.
Prisoner. The shilling was quite straight when it came out of the other gentleman's hands, and when I gave it to him back it was bent in two. Witness. The shopman bent it before handing it to me, but it never went out of my sight—I think I marked it—I gave it into the officer's hand—there were several customers there, and it is quite possible I might have passed it over to them, but it never went out of my sight, and I am sure this is the same—I marked it directly the shopman gave it to me—it was bent then.
BENJAMIN PESTELL . I am shopman to Mr. Hinchcliff—the prisoner came for 10d. worth of egg powder and gave me a shilling—I bent it very slightly, and said, "This is a bad shilling," she said, "I did not know it"—I laid it on the counter and gave it to my master, this is it, it is still bent—my master did not show it to anybody till he gave it to the policeman—the prisoner had it in her hand before my master had it—I dropped it and she picked it up.
GEORGE HUNTINGTON . I am a shoemaker, of No. 21, Great Suffolk Street, Borough. About a month ago, I served the prisoner with a pair of boots at 2s. 9d.; she gave me a bad florin, and 9d. in good money—I asked her if she had any good money, she said, "No"—I asked her where she got it, she said that a man gave it her last night, and that she got her living on the street—she said, "Give it to me back, and I will bring you 2s. for it"—Ikept the boots, and told her to go home and get the good money, and I would return the bad florin—she left, and came to the shop several times after that, wanting the 9d.; I gave her a pair of clogs or pattens instead of it—I asked her if she knew where Broad Walk was, she said "No"—she lives in a court in Broad Walk—I told her I knew her there, and that she had offered a bad florin there—she said that I did not know her—I had marked the florin on the first occasion, and afterwards gave it to the constable on 7th April, it had been on my mantelpiece ever since.
Prisoner's Defence. I do not know the man, or his shop, who says I gave him the 2s. piece.
GUILTY .*— Confined Six Months.
MESSRS. POLAND and LEWIS conducted the Prosecution.
me 1s.; I gave her the change, 6d.,1d., and 1d., and she left—I took it out of a pewter pot—I then put the silver at the bottom, and the halfpence at the top, so that they covered the silver, within a trifle—I put the prisoner's shilling on the top of the halfpence, as it was in my hand while I was putting the money into the pot—after a short time the prisoner came back, and said, "This onion is not large enough;" I said, "You had better have a larger one;" she then complaiued of her change not being right—I counted it in her hand, and said, "It is quite right, 6d.,4d., and 1d."—I then took 1d. from the pot, and said, "Now you can read it," putting the 1d. into her hand; but she could not see it then—I said, "I will give you your shilling back, and take the change back"—I went to the pint pot where it was, and she said she would take two onions; she selected two, and I put them in her basket—she had confused me very much, and when I looked in the pot I saw a bad shilling—she had not another 1d. to pay me, because I took the change out of her hand and pot it in my pocket—I found the shilling at the top of the copper—nothing but the copper conld come to it—I am positive it was the one she gave me—I saw the prisoner had 1s. in her hand; I pushed it out of her hand, and said, "You are passing bad money by wholesale;" she said, "Give me my money; I will go and fetch my husband," and ran out of the shop as hard as she could, with her basket—my daughter went after her, and she was brought back, in twenty minutes, by a constable—she said she would make the money good, and give me 5s. if I would not give her in charge; that she knew one shilling was bad, and knew the other was not—Igave her in charge with both the shillings.
Prisoner. You showed me a bad shilling, which you had taken when I came into the shop. Witness. I did not; you said that your mother had a cancer in her breast, and the doctors had ordered it to be cut out, and that drew off my attention—I do not know that I showed the shilling to the butcher; but he came in to see if a shilling which he had taken a minute or two before, was the same.
RICHARD BIRD (Policeman, L 61). I saw the prisoner running, stopped her, took her back to the shop, and Mrs. Steer gave me the two shillings—the prisoner begged and prayed to be forgiven, and said she would never come there any more, and that she got them at her work; I asked her where, and she would not tell me—a butcher came in after I had got the two shillings—4d. in copper was found on her at the station.
Prisoner. Q. Did you hear me say that I knew one of the shillings was bad? A. No; but you said a good deal while I was talking to the butcher.
GUILTY .— Confined Nine Months.
MESSRS. POLAND and LEWIS conducted the Prosecution.
CHARLES ROGERS (Policeman, P 351). I was on duty in King Street, and saw the prisoners standing at the corner of Cross Street—they went into the Newington Arms together, and came out together—I had seen them together several times in the same month—just as they got to the door, Potter caught sight of me standing in a dark corner, being in uniform, and said to Davis,"Here is Charley here," and passed a parcel from his right hand into Davis' left—he ran to the left, and Davis to the right—I ran after Davis, overtook
him, and said, "Give me that parcel"—he said, "I have no parcel"—while I was searching his right hand, he dropped a parcel from his left, on my foot—Ipicked it up; it contained ten bad sixpences, each separated from the other by a piece of paper—I said, "Halloo I here you are; at it again; where did you get these from?"—he said, "You know; you know where I have been to; wait a minute, Dickey will be here"—Potter did not come, and I took Davis to the station, and charged him with having ten counterfeit sixpences—he said, "I picked them up"—I did not take Potter till the 29th, this being the 23d—I had been looking for him in the meanwhile—going to the station, Davis said, "I suppose you mean having Dickey for this?"—I said, "Yes"—he said, "I suppose we shall get it for this"—I told Potter that he was charged with a lad named Davis—he said, "Davis"—I said, "Well, your little boy"—he said, "I have got no little boy"—Davis is called Dickey Potter's little boy—I told him it was at 10 o'clock or a quarter past—he said, "I was in bed at 10 o'clock"—I said, "Who were you in bed with? if you will tell me, I will go and make inquiries, and see whether I have made a mistake, but I know you too well to make a mistake"—hesaid, "No, it is no use sending you to my friends; they are all convicted thieves"—I have no doubt about Potter.
Potter. Q. How could you see what I gave the boy at that time of night? A. I saw that it was a white paper parcel.
Davis. I was not with him.
AARON WARREN (Policeman, P 259). On Friday night, 23d April, about half past 10 o'clock, I was on duty in Camden Street, Walworth, and saw Potter running away, in a direction from the Newington Arms—I knew him by sight, and am sure he is the person—I afterwards saw Rogers search Davis, and saw him drop a little paper parcel—Rogers picked it up—it contained ten sixpences—I went in pursuit of Potter, but could not find him.
Potter's Defence. I was not with this boy on the night in question, neither have I had anything to do with counterfeit coin; the charge is got up against me by the policeman, who has a great prejudice against me; he has told me repeatedly, that if he did not get me by fair means he would get me by foul; the boy will say that I never gave him any bad money; I was at home and in bed at half past 10 o'clock, and have never had anything to do with counterfeit coin in my life.
POTTER— GUILTY . **— Confined Eighteen Months.
DAVIS— GUILTY . **— Confined Twelve Months.
EDWARDS— PLEADED GUILTY . *— Four Years Penal Servitude.
MR. LILLEY conducted the Prosecution.
EDWIN SMITH (Policeman, M 88). On the morning of 5th May, I was on duty in County Terrace Street, New Kent Road, about 5 o'clock in the morning, and met the prisoners about five minutes walk from the prosecutor's house—Edwards was carrying a bundle of hearth rugs—I said, "What have you got there?" and neither of them made any reply—Edwards threw the bundle down, and they both ran in the same direction; Grace then turned down Cottage Place, which leads into William Street and Haley Street—Grace'shouse is at the Corner of Cottage Place—Edwards continued to run along Harper Street, and on his getting to the corner of the New Kent Road,
he stopped, turned round, and threw something at me; I did not stop to pick it up, but followed him, and kept him in sight till he was stopped by Griffin—Isaw this jemmy found at the corner of Harper Street, when he threw something at me.
Grace. Q. Was my face in shade? A. Your back was towards the lamp—youwere the first, but I did not speak to you, my attention was more particularly turned to Edwards, who had a bundle under his arm—I came with the other officers, but did not go up stairs; you were in charge of No. 91 and me, while the sergeant was up stairs—I knew you by sight, and I saw your features directly you were on the other side of the lamp, before I met you.
EDWARD HEWLETT (Police sergeant, M 29.) On May 8th, I went, in consequence of information, to Grace's house—I knocked at the front door, left a constable there, and went round to the back, and saw Grace with his waistcoat and trousers on, just inside the back room—it was open—he met me face to face, and I said, "Where is this parcel, or swag, which has just been brought into your house?"—he said, "I know nothing about any"—I said, "I have good reason to believe that they came in here over your wall, and I wish to search your house"—he said, "Very well, you can do so"—I left another constable at the rear—searched the house and yard, and found nothing—my attention was attracted by a piece of cord which hung over the wall in the yard, the other end being in the adjoining yard—I pulled it, and found it was rather heavy—something seemed to drop from it—I borrowed a constable's lamp, got over, and found these five hearth rugs (produced) suspended by this cord—when I first went I asked him how long he had been in, and he said, "Some time."
Grace. Q. Did I invite you up stairs to see three more rooms? A. Yes—you denied all knowledge of it—about three feet of rope was hanging over your wall—the wall is about five feet high—it was impossible for the rugs to have been thrown there from the thoroughfare, so as to leave three feet of the rope over the wall—it is sixteen feet from wall to wall, from the street to where I found the hearth rugs, and then it must have gone over two walls three feet high—they weigh 16Ibs. or 181bs.—I have never seen you with Edwards, but I have with others, and I recognized you as you came from the back door—a constable had told me that he saw a parcel drop over the wall—theman who has been on the beat for the last two months gave me a very good description of you, and that, to the best of his belief, the property had gone to your house.
ARTHUR GRIFFIN (Policeman, M 91), Examined by the prisoner Grace. Q. On the night of this robbery, did you come with the other constables to my house? A. Yes; I knocked, and was admitted without opposition; you opened the front door—I found Sergeant Hewlett inside—you asked me to come up stairs—there were four policemen—you had a pair of trousers, and a waistcoat on, but no boots or stockings—I took you into custody directly—I allowed you to get your boots, and your hat and coat—you denied all knowledge of the property.
GEORGE FROST LEACH . I live at No. 38, St. George's Road, New Kent Road; I have a shop under the same roof, as a cabinet maker. On 4th May, at twenty minutes after 12 o'clock at night, everything was secure, and the hearth rugs were safe; about 3 o'clock in the morning, I was called up by a policeman; I went down and let him in—I found several panes in the skylight taken out; this bar (produced) was taken out, and a person then had
room to get in—I missed these five hearth rugs (produced); they are mine—I traced marks on the roof to the sky-light.
Grace. Q. Have you any idea of more than one person? A. Well, two could not get up at once, unless three were complicated in it—there are railings in front of the house, but they could not get up from them—there were marks on the shutters, three feet or more from the ground—there are footmarks on the zinc, but I cannot say of how many persons, as they only leave a scratch—the shop and the house communicate without going into the open air.
Grace's Defence. The things were thrown there; I have lived there three months, and a policeman lives close by, who knows no wrong of me; the policeman never saw me speak to this prisoner.
GRACE— GUILTY .**— Four Years Penal Servitude.
Before Mr. Recorder.
ROBERT IVES . I live at No. 56, Paradise Street, Ratcliffe. On Saturday night, 10th April, before 9 o'clock, I was sitting in my kitchen, down stairs, I heard the door open—I went up into the hall, and missed two coats, which had been hanging up there—I immediately joined in the pursuit, and saw two men, each with a coat on his arm—I ran after them, and called for assistance—they ran into Seven Step Alley, which is no thoroughfare—I pursued one of them, with one of the coats on his back; he knocked me down, cut my head in a most dreadful manner, and broke the top of my shoulder bone—they got away from me; I got up as well as I could, and two officers assisted me home—the prisoner afterwards came to the door, and I identified him as the one who had knocked me down—he said that he knew where my coat was; I said, "You rascal, you are the one that had the coat on"—he said that he was not, but that he came to my assistance, and was knocked down—nobody came to help me—this (produced) is one of my coats; the man who knocked me down had got it on.
Prisoner. I went to his assistance when he was calling out, "Stop thief!"and was knocked down in the scuffle.
COURT. Q. Was there any light? A. Only one lamp, which was round a corner; and if he had known the place, he could have escaped there, it was close to where I was knocked down—I was not able to see his face, I only speak to the best of my belief.
JAMES STRANGE . On Saturday night, 10th April, I was passing Mr. Ives' door, about 9 o'clock, going towards Deptford, and saw the prisoner come out, he is the man—one person was standing at the side of the door, and another at the end of the street—the prisoner had something on his arm—soonafterwards I heard a cry of "Stop thief!" and a young woman came out and said that there were thieves—the men did not pass me, I went straight on and away from Seven Step Alley—I had not known the prisoner before—it was not exactly light, but quite light enough, there was a lamp—myattention was attracted because he nearly ran up against me.
Prisoner. Q. If you thought I was doing anything wrong, why did you not go and tell the people about it? A. I did not know you were a thief then, and I did not know where you went—I saw you in custody on Monday morning, this being on Saturday.
On Saturday, 10th April, I was standing at my door, which is not above four minutes' walk from the prosecutor's house, and saw three men with caps on, rush up the court—Mr. Ives followed them—two of them entered the enclosure, and Mr. Ives took hold of the third, and called out,"Stop thief! Murder! Police!"—they struggled together till they got the length of two houses, and then fell, and in getting up the man threw this coat off, and left it on the ground—they all three ran off—the prisoner came up about five minutes afterwards, took the coat off the ground, placed it on his arm, and said that he knew where it had been stolen from, and would return it to the owner—I said, "The police are the proper persons to take charge of it"—a policeman came, and he and the prisoner went away together—Idid not see the faces of the three people.
JOSEPH THOMPSON (Policeman, M 204). I was called by Mr. Ives, who was bleeding from a wound on the side of the head, and complained of being hurt on the shoulders—I accompanied him to his house, and searched it, but could find no one—there was a knock at the door, and the prisoner came and said, "I know where your coat is"—I said, "Where?" he said, "At the station:" "Who took it there?" "I did; I have left my name and address there"—the prosecutor said that he was sure the prisoner was one of the three, and I asked him to accompany me to the station—the inspector asked him his name and address—he said, "John Williams, No. 42, John Street, Broad Street, Ratcliffe"—the inspector was going to send a man there, and the prisoner said, "If you send there, you will not find me there"—the sergeant was then recalled, and the prisoner was given in charge.
JOSEPH HART (Policeman, N 456). On 10th April, about a quarter to 3 o'clock, I went to Seven Step Alley, and saw the prisoner, with this coat—I asked him whose it was—he said, "Mine"—some one said, "How can you say so?"—he said, "A party picked it up, and gave it to me; I know where it belongs to; it is one of the houses at the left; the party belonging to it is gone on to the right, and knocked me down at the bottom of the court"—I took him to the station—he gave the name of John Williams, No. 42, London Street, Broad Street, Ratcliffe, and the inspector let him go.
Prisoners Defence. I go into public houses singing; I have lost my character through being here before; I saw three men coming out of a house, and another calling, "Stop thief!" I followed, and was knocked down on my back; I got up, and saw a boy pick up the coat; I took it, put it on my arm, and waited ten minutes or a quarter of an hour for a policeman; if I had said it was my coat, would they not have locked me up there and then, but they let me go; I went to the gentleman's house, to let him know that I had taken the coat to the station, and a policeman came and obliged me to be confined for the robbery; I could have walked away with the coat, if I had wanted to.
GUILTY of Housebreaking.
He was further charged with having been before convicted.
JOHN JONES (Policeman). I produce a certificate—(Read: "Central Criminal Court, Feb., 1857: James Barr, Convicted of housebreaking; Confined four months")—the prisoner is the person; I had him in custody.
GUILTY.— Confined Twelve Months.
599. CORNELIUS CALLAGHAN (26) and HENRY WARING (24) , Burglariously breaking and entering the dwelling house of William Driscoll, and stealing therein 1 purse, and 8s. 6d. in money, the property of Elizabeth Gosling.
it is a common lodging house. I was sleeping there on 23d April—there was a man in the same bed, a captain—I placed my purse on a chair; it contained 8s. 6d—about half-past 8 o'clock in the morning the captain awoke me, as the door was open; he got up and closed it—shortly after that there was a noise outside, as of some one coming down three steps towards the bed-room door, and then they burst open the door from the passage, and came in—itwas sufficiently light for me to see their faces, and they looked towards us—the prisoners are the men—Waring went out first, through the window, and Callaghan after him—I directly missed my purse—I had not seen whether it was safe when the captain closed the door—they did not pass that part of the room where the purse was—it was taken when I found the door open—I knew both the prisoners before.
Cross-examined by MR. LILLEY. Q. Is this a brothel? A. Yes—I live there—three women live in the house, and others use it occasionally—there were five women in the house that night, but only one man—I am sure of that—it is a large room in which I slept—the chair was towards the window—the prisoners passed through the room very rapidly—I know it was half-past 5 o'clock, because we got up directly, and went down and looked at the clock—it was not quite daylight—I had seen the prisoners every day; they were not acquaintances of mine; I have spoken to Waring—I was not frightened—we went to bed about half-past 11 o'clock, and I bolted the door myself—there is no lock to it—I have never seen my purse since.
MR. T. SALTER. Q. You say that there was only one man in the house; was that the captain? A. Yes—the other girls had gone to bed when I did; there was no man with them—when we were first disturbed, the window was half way open.
MR. LILLEY. Q. Have you not said, to some acquaintance of yours, that you knew some female had taken the money? A. No—this was on the second floor—we found a ladder from the wall into the back yard.
ADAH GAMMON . I live in the same house as Gosling, and on that night I occupied a room on the same floor; I was not alone, it was a girl who was with me—towards morning I heard men's voices, and Callaghan came into my room—I said, "Who is there?" and looked up, and saw him with the door in his hand—he said, "It is Harry Waring"—I asked him what he wanted, and he went away—I had not known him before, except seeing him the afternoon before at a public house door near, but I knew Waring—I am quite sure Callaghan is the man I saw—I got out of bed directly, and before I had gone into the other room they were out at the window—any one can step out at the second floor window on to the wall, which is not very high, and there was a ladder leaning against it.
Cross-examined. Q. Had you any blind in your room? A. Curtains; there were no curtains to the bed—the door was shut, but not locked—Callaghan was brought to the house before 7 o'clock that morning—the captain was there then—he said that he did not know which of them had taken his money, and he did not wish to stay—Gosling said that she had lost her money, but she did not have him taken; he was allowed to go away again—thereare upper blinds to Gosling's room, but no curtains—I went into that room as soon as I had put on my dress, and the blind was down on one side; there is no roller to it, and it was tucked in the rope on one side.
MR. T. SALTER. Q. When Callaghan was brought back, did the captain say anything about a loss he had sustained? A. Yes—I heard of Gosling's loss as soon as I went into her room.
at a little before 2 o'clock in the afternoon, in Kent Street, Borough; I told him the charge—he asked me at what time it was; I told him between 5 and 6 o'clock in the morning; he said, "Then I am innocent, for I went to bed at 10 o'clock at night, and did not get up till 1 o'clock next day—the constable who took Callaghan is not here.
WARING— GUILTY .*— Confined Eighteen Months.
CALLAGHAN— GUILTY .—He was further charged with having been before convicted.
GEORGE BONSOR (Policeman, M 121). I produce a certificate—(Read:"Central Criminal Court; March, 1857; Cornelius Callaghan, Convicted of burglary; Confined one year")—I was present, Callaghan is the man.
GUILTY.— Four Years Penal Servitude.
ADJOURNED TO MONDAY, JUNE 14TH, 1858.