CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. NINTH 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, July 5th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. SIDNEY;Mr. Ald. FINNIS; Mr. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder and the First Jury.
MR. SLEIGH conducted the Prosecution.
JAMES HALL . I am assistant to Thomas Benjamin Sowerby, of Grosvenor Row, Pimlico, a pawnbroker. On 9th March, the prisoner Emily came, and offered me this locket (produced) in pledge, and asked 4s. on it—I asked her if it was gold; she said, "Yes, the best gold," or, "the best of gold; it was given to me by an old sweetheart, before I was married"—on that representation, and her appearance being respectable, I took it for gold, according to her word, and lent her 4s. on it—I had never seen her before—on 22d March, she brought this locket (produced), with a piece of tape on, it exactly corresponding with the other, and asked me 3s. on it—I said, "Is this the one you brought before?" she said "Yes, it is the same one; I have no other; I redeemed it"—on that representation, I lent her 3s.; I should not have done so if she had not represented it as the same—on 9th April, she presented me with this locket (produced), told me that it was the same one which she had pledged before, which I understood to mean the first, and asked for 4s. on it, which I lent her—on 23d April, I saw her again; she produced another locket, similar to those I have produced, and I said, "Is this the same one that you have always pledged?" she said, "Yes," and repeated that it was given to her by an old sweetheart—I asked her if she had
redeemed it; she said, "Yes," but not having delivered it to her myself, and supposing she had pledged it two or three times previously, I directed a search to be made, and found these three lockets—I said, "How do you account for this?" she said, "I do not care; it is my own"—I said, "You had better give me some account of yourself; how did you become possessed of them?" she said, "I shall not tell you anything about them"—I sent for a constable, and she was going to rush out of the shop, but I caught her by the arm outside—she tore my face with her nails—a constable came, and I gave her into custody—after the first hearing at the Police Court, I tried the first and second lockets; the first was base metal, there was two or three grains of gold in one part of it, and that of the commonest description, 25s. an ounce; there is not above 6d. worth of gold in it, but as a locket it would probably be worth 1s.—they are all of the same value, and each has a piece of black ribbon to it.
Cross-examined by MR. METCALFE. Q. Are you accustomed to assay gold? A. We are not assayists—Mr. Douglas is a working jeweller, and I believe he assays—I trusted entirely to her statement; the statement about its being gold, coupled with the respectability of her appearance, induced me to lend her the money—if she had said that it was the same locket, and I had found out in the mean time that it was not gold, I should not have lent her the money—I lent it on the faith of the first being gold, and that being the same one—I tested them all—I did not apply aqua fortis when I lent the money—I take things of this description from people without testing, if their appearance and the appearance of the articles warrant it—I did not search, or inquire of any of the assistants if the locket had been redeemed—I could have turned to my book to see, but it was on the faith of her words; her face had nothing to do with it—my testing it would depend upon the person's appearance—I did test one with aqua fortis, but it only stood the test in one place, and that only partially; it was here, on the top dome—I should not have lent the money the second time, if I had not believed it was the locket first pledged with me—I did not test it, taking it to be the first one—I had advanced 4s., a larger sum, on the first one; it would have been worth 10s., if it had been the best gold, as she represented it, and it had the appearance of being the best gold.
MR. SLEIGH. Q. Have you got the tickets? A. Yes (producing them)—she did not use the same name on all occasions; it was Harnett once, Hardnettonce, and Horton once; but I still believed it was the same locket, as the names sounded similar, and I knew the article—I am sure I did not mistake—the same people often give various names in pawning.
MR. METCALFE. Q. Are the tickets all written by the same person? A. I took the articles on each occasion, but one ticket was written by a junior assistant.
ARCHIBALD DOUGLAS . I am a working jeweller, of No. 11, South Street, Chelsea. I was requested by Hall to test this locket (One offered in pledge on 23d April)—I found it to be composed of two portions of gold—(pawnbrokers do not test articles in front, as it destroys their value)—it weighed 2 dwts. 12 grains, with the box and glass, about two grains of which were fine gold; the gold, including the gilding, was worth 5 1/4 d.—if the locket was 15-carat gold, it would be worth about a half guinea—I have offered to make these lockets at 1s. 4d. each, if I have a quantity to do, and they would be sold at about a half crown—this is worth about 16d., to sell at a pawnbrokers' auction, but I would not offer it it pledge.
COURT. Q. Is any locket of that sort ever made of pure gold? A. No,
it is always alloyed; you could make one of fine gold, but it would be very soft—if made in India, it would be made of fine gold; but, in this country, we ask whether it is to be 12, 13, 14, or 15-carat—these are made for the purpose of deception; this dome is carried round underneath; if I take the box out, and scrape the centre, it proves that that part is not plated, and therefore I should conclude that the other parts are not plated—in making these brooches, I should put just as much gold in as I was ordered to put—if you will allow me a light, I can tell you what proportion of gold there is; it will fall to pieces with the slightest heat—(The witness withdrew to make the experiment.)
SIMON MASTERS (Policeman, A 244). On 16th April, I was called to Mr. Sowerby's, and found the prisoner on the ground, struggling with one of the shopmen, who gave her into my custody for pledging lockets, representing them to be gold—she said that she was very desirous of seeing her brother, who was round the corner—I took her to the station.
WILLIAM CUMMING (Police inspector, V). After the female prisoner was brought to the station, the male prisoner came to my brother officer and applied far bail for his wife—I told my assistant that he could not take bail for such a case, and left the station—as I was leaving, the male prisoner stopped me in the street, and said, "You do not seem to know your duty, in taking such a charge. I ask you to take bail for my wife; Lord Campbell has decided that this is no offence in law, and if you knew your duty, you would not take such a charge"—I said, "I cannot take bail in such a case; it is not a bailable offence, as far as I am concerned, but if you apply to-morrow to the Magistrate he has power, and no doubt he will take it"—he said, "I am the manufacturer of these lockets; I prepared them, and I sent my wife to pledge them"—next day the female prisoner was taken before the Magistrate, at Westminster Police Court—there was a remand, and on the second examination I saw the male prisoner in Court, and, finding that the Magistrate intended to remand the case, he said, "She is my wife, I acknowledge I sent her to pledge these lockets, what is the use of keeping her?"—the Magistrate said, "I think, after that, you had better take him into custody"—I directed him to be taken, and he was charged at the station on three different charges, but no other charge than Mr. Sowerby's had then been entered into—I entered the charges on the charge sheet, and told him he was charged with obtaining money from Mr. Sowerby, Mr. Leach, and Mr. Edwards, by false and fraudulent pretences, by sending or causing to be sent spurious lockets—he said, "I admit it; I am the manufacturer, it is my trade; I have sent my wife to pledge them, and it has been decided that it is not an offence in law, but I deny that I sent her with a fraudulent intention"—(THE RECORDER inquired whether this was the whole evidence against the male prisoner, and upon MR. SLEIGH replying that it was, THE RECORDER withdrew the case of the male prisoner from the Jury).
?THOMAS LEACH. I am assistant to my father, a pawnbroker, of No. 156, High-street, Hoxton. On 19th Feb., the prisoner came and asked for 4s. on
this locket (produced)—I lent it to her, without any question—on 8th March, she called again and produced this locket (produced)—I asked her whether it was the same locket that she had pledged before—she said, "Yes," and I lent her 4s. on it; it had a piece of black silk ribbon attached—on the 18th she came again, and I lent her 4s. on another locket—she came again on the 30th, and produced a locket—I asked her whether it was the same locket she had pledged before, and she said that it was—I was present on 22d April, when she called and saw my father—she produced a locket, and asked for 4s. on it; an assistant took it—my father asked her whether it was the same locket; she said that it was—he said, "I have got several more of them;" she said, "I have only pledged this one"—he asked what her husband was; she said, "An engineer"—my father said that he must keep the locket; she said that she could not leave it—a policeman was sent for, and she was sent off.
JAMES LEACH , Senior. I am the father of the last witness—I remember the female prisoner coming to my shop in April—she produced a locket, and I asked her if it was the same that she had pledged before; she said, "Yes"—I asked her if she was quite sure of that; she said, "Yes"—I said that we found we had got several of them, and asked her what her husband was; she said, "He is an engineer"—I asked her if he was not a jeweller; she said, "No; an engineer"—I said that I should detain the locket till I had made inquiry as to her statement; she said that she could not leave it, she must have it back—I said, "In that case, I shall give you in custody for offering a spurious article for gold;" she said, "I will wait till a policeman comes"—I sent for one, but she got away—I have tested all the lockets; there is very little gold in them—if they were made of gold they would be worth about 10s. each.
Cross-examined. Q. If they were made of solid gold would they not be worth more than 1l.? A. It would depend upon the quality—I should say these are worth 1s. each—I may have said 1s. 6d.
ARCHIBALD DOUGLAS re-examined. I have tested the other lockets—I have taken one to pieces—here it is, in separate parts—these two parts and the dome are made of 8-carat gold, worth 30s. an ounce—these other pieces are to strengthen the back, and some pewter solder has been put in—the whole locket contains six grains of 30s. gold, worth 4 1/2 d., in addition to which there is about half a grain of gold in the gilding, which would be worth 2d.—fine gold is 23-carat gold—there is no such thing as 24-carat.
THOMAS MAYNARD . I am assistant to Mr. Edwards, pawnbroker, of High Street. I took in a locket in Jan. last; I do not know of whom—on 19th Feb., the female prisoner pledged a locket with me for 4s.—she came again on 8th March, and asked me if I would lend her 4s. on a locket, the same as I had lent her on it before—I tried the back of it; it stood the test, and I lent her 4s. on it—on 18th March, she came and produced another locket, with a piece of black ribbon to it, which the former ones had also had, and asked if I would lend her 4s., the same as I had lent her on it befoe; I did so—on 30th March, she came again, and produced a locket, asking me, "Will you lend me 4s. on it, the same as you lent me on it before?"—I lent it to her—on those several occasions, I lent her the money supposing it to be the same locket as I had taken in before, having a ribbon on it, and being alike—on 7th April, she brought a locket, and asked me to lend her 4s. on it, the same as I had lent her before; I did so—on the Tuesday afterwards she came again—I was not in the shop, but I came in and found her there—I asked her if that was the same locket which I had lent her 4s. on before; she said, "Yes"—I said, "I have several of them which you have pledged;" she said, "No, you have not, it is the same one, I have no other"—I said, "If you bring any more of them here, I shall give you in charg for obtaining money by false pretences"—I gave her the locket back, and she went away—I have since tested all the other lockets; there is a little gold in the back; they are not worth above 1s. 6d.
Cross-examined. Q. Did you make inquiries of her about the first one she brought? A. I do not remember; I tried the back of it with aqua fortis,
which was very good, and which I got at a chemist's opposite—it stood the test, and I lent her the money—I believed the others to be the same one as I had before tested, or I would not have lent her the money—I thought it was all gold, middling gold—I did not expect to get any profit, I expected it to be taken out again; seeing the ribbon attached to it, I thought it was an article of her own personal wear.
EMILY HODGES— GUILTY.—Recommended to mercy by the Jury, believing the pawnbroker did not use proper caution.
Confined One Month.
NOT GUILTY .
There were two similar indictments against Frederick Hodges, upon which no evidence was offered.
NOT GUILTY .
678. WILLIAM SHEPPARD (42) , Unlawfully obtaining 42 yards of carpet, value 6l. 8s. 9d., the goods of Thomas Hutchinson and others, by false pretences: to which he PLEADED GUILTY — Confined Nine Months.
(There was another indictment against the prisoner for forgery.)
SARAH WOOTTON . I am the wife of Charles Wootton, of No. 28, William Street, St. Pancras. On the evening of 9th June, a lady made a communication to me, and I saw the prisoner taking my two children away—this is one of them, and is under two years of age, and the other is too ill for me to bring—she was carrying this one, and the other had hold of her dress when I overtook her, but she led him away by the hand—I asked her why she was taking my children away—she said that she meant to be very kind to them, and to give them some cake—she had passed three or four cake shops, and was going down a street where there are no shops.
Prisoner. I did not take the children three minutes' walk from your house, and they told me that they lived that way; I did not pass any shops. Witness. You had passed a baker's and a sweet shop.
JAMES EARDLY (Policeman, S 108). The prisoner was given into my custody—I told her the charge—she said that she had done wrong in taking them away, but she took them to give them some cakes—I asked her address; she said, "No. 6, Charles Street, Hampstead Road"—I went there, and it was false.
Prisoner's Defence. I did not intend to hurt the children; they spoke to me first, and said that they lived the way that I was going; I did not take them out of the street in which they were living.
GUILTY .— Confined Twelve Months.
NEW COURT.—Monday, July 5th, 1858.
PRESENT—Mr. Ald. CARTER; Mr. Ald. ROSE; and Mr. COMMON
Before Mr. Common Serjeant and the Fifth Jury.
The prosecutrix did not appear.
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
MOSS PLEADED GUILTY .— Confined Twelve Months.
NOON PLEADED GUILTY .— Confined Six Months.
WILTSHIRE PLEADED GUILTY .— Confined Six Months.
JANE STOCKBRIDGE . I am the wife of George William Stockbridge, of No. 15, Ludgate Hill. On 19th June, the two prisoners came into the shop together, about 2 o'clock in the day—Wiltshire asked for a black silk mantle—they were shown into the show room, and I showed them one—they wished to see another that was in the window; I went down to get a yard measure, to reach the mantle, and I heard a rustle of their clothes—I got on a chair, to get the mantle, and heard the rustle again; it was their dresses—I went to Wiltshire, and said, "Let me see what you have got;" I lifted her dress, and pulled this mantle out from under it—I said, "You did not come here to buy a dress, but to steal one"—they both cried very much, and begged pardon, and asked me to let them go, Brown more particularly—I called my husband, and he gave them into custody.
Brown. I went in to buy one; I did not go to steal one.
BROWN— NOT GUILTY .
REEVES PLEADED GUILTY .— Confined Eighteen Months.
MR. ORRIDGE conducted the Prosecution.
JOHN GEORGE PITNEY (City policeman, 496). On 9th June, I was watching by the water side; I saw the prisoners, about half past 5 o'clock, conversing together, and walking by the water side; they went on, out of sight—I continued watching at intervals, and on 15th June I saw them again, coming in a direction from London Bridge—Reeve passed these four brushes to Shepherd, and something passed from Shepherd to Reeve—they separated, and Reeve went back, and Shepherd went to Allhallows Lane—my brother officer followed Reeve, and I followed Shepherd; I stopped him, told him I was an officer, and I wished to know what he had got; he said, "Some brushes"—I asked them where he got them from; he said that a man gave them to him—I asked him where; he said, "Somewhere at the back of Thames Street"—I asked who the man was; he said that he did not know—I said, "Had you ever seen the man before?" he said, "No, never"—I said, "I must take you to Mr. Matthews;" he said, "I suppose I must go"—I took him, and Mr. Matthews gave him into custody.
Shepherd. I said that I knew the man, but did not know his name. Witness. No, he said, "I don't know the man; I never saw him before;" and the answer I made was, "It is very strange that a man should meet you, and give you these four brushes, and you not know him"—I told you, if you would come with me to Mr. Matthews, I could point out the man to you.
JOSEPH COMBER KNIGHT (Policeman). I was with Pitney; he called my attention to the prisoners—Shepherd was then putting something into his pocket, and he immediately gave Reeves something, which he put into his left hand pocket; I was not near enough to see what it was—Reeves then went back the same way that they had both come, and Shepherd went up Allhallows Lane—I followed Reeves, who went back in the direction of his master's—I followed him into his master's place; he got into a back room—I had him called by one of the clerks—I took him to the station—I found 3s. 8 1/2 d. in the same pocket that I had seen him put something into.
GEORGE STAINROD . I am in the employ of Mr. Matthews, as finisher. These are his brushes; they have my mark on them; they are worth 12s.—I do not think they were sold—Reeves was porter—I do not know whether he bought brushes; he has come to me for brushes to take down to the warehouse.
Shepherd's Defence. I have not seen this man for about two years; two years ago I lent him some money, amounting to about 7s. 6d., and a fortnight before this, I saw him, and told him I wanted a couple of brushes; he told me he would bring me a couple, but I never knew that he stole them; I paid nothing for the brushes; if I had known that they had been stolen, I should not have taken them from him; I told the policeman the truth; I knew this man, but I never knew his name.
(Shepherd received a good character.)
SHEPHERD— GUILTY.—Recommended to mercy by the Jury — Confined
MR. CAARTEN conducted the Prosecution.
WILLIAM HENRY HOWES . I am shopman to Mr. David Swaefe, of No. 9, Bishopsgate Street; he is a tobacconist. The prisoner has been a customer at the shop—on Friday, 11th June, he came, about half past 12 o'clock; he asked for 2s. worth of cigars, and Mr. Swaefe's son served him—I did not see him served; I came into the shop about half past 12 o'clock, and saw him sitting smoking a cigar on a stool by the side of the counter—shortly afterwards I went to hang up my coat, and I saw Rogers in the back room, watching—in consequence of what he said, I watched—I commanded a view of the prisoner; I saw him take one cigar from between the box and the counter case, and put it into his left hand trousers pocket—I went up to him, and said, "You ought to be ashamed of yourself coming here as a friend and a customer, and stealing cigars;" he said, "What do you mean?"—I said, "All the time you have been sitting here, you have been taking cigars"—I sent for Mr. Swaefe, and told him, in the prisoner's presence, what had happened—the prisoner did not say anything then; at the station, he spoke about paying—Rogers went and brought a policeman, and the prisoner was taken to the station.
Cross-examined by MR. METCALFE. Q. Did he say, when Mr. Swaefe came in, that he meant to pay for them? A. No—he did not say, in my
hearing, that he had offered to pay young Mr. Swaefe, and he meant to pay—when I came in, he was smoking a cigar; he had already bought some—young Mr. Swaefe had been serving him—young Mr. Swaefe was behind the counter; up to the time I saw the cigar taken, he was within a yard of him—I cannot say whether the prisoner offered young Mr. Swaefe a half crown; he might have done it—young Mr. Swaefe is not here; he has said that a half crown was offered to him; that was not in the prisoner's presence—nothing passed at all till after the prisoner was given in charge—I was present at the Mansion House; the prisoner was remanded, to ascertain who and what he was—I have known him, dealing as a customer, for nine months.
Q. Have you not known him to take cigars just as he thought proper, and pay the next day? A. He did so once; he always picked them out himself, and he would sit and chat and smoke there—I heard Mr. Swaefe say that he was perfectly satisfied that the prisoner had no intention to steal—young Mr. Swaefe was close by the prisoner when he took the cigars, and could have seen him take them—the prisoner is a foreigner; he speaks middling English.
MR. CAARTEN. Q. After you observed the prisoner take this cigar, who was the first person that spoke to him? A. I did; Rogers went for Mr. Swaefe—I sent for a policeman, by Mr. Swaefe's direction—I remained with the prisoner from the time I spoke to him till he was removed—I heard him offer to pay for the cigars, when he was given in charge and the constable came—he offered to pay when he got to the station, or perhaps it might have been in going across the road; it is just by—I was at the first examination; Mr. Swaefe said that he had made inquiries, and he did not believe he intended to steal them, but, notwithstanding that, he was sent for trial by the Lord Mayor.
JOHN ROGERS . I am servant to Mr. Swaefe. I was in his shop on 11th June—I saw the prisoner come in—he asked for 2s. worth of cigars, and Mr. Swaefe's son served him—he was served with seven; he lit one and put six in his pocket, which were wrapped in paper—he remained smoking in the shop—I went into the back room, and saw him draw at least half a dozen cigars from between the box and the counter case—one contains threepenny, and the other fourpenny cigars, and while they are selected from one box they are laid on the other, and some dropped between the two—he drew them out one by one with two splints, and put them into his left trousers pocket—while I was so watching, Howes came in—I called his attention to it—I did not see the prisoner do anything after that.
Cross-examined. Q. Were these on the counter? A. Yes. I think young Mr. Swaefe is about sixteen years old—I was in the room all the time—I did not go out and say anything to young Mr. Swaefe—I did not go and ask him whether he was paid for these cigars—I knew the prisoner was in the habit of coming and picking cigars out—I believe that was done with the authority of Mr. Swaefe.
Q. Do not you know that he has taken cigars and come back the next day and paid for them? A. I have never seen him; I know it has happened—there was nobody but young Mr. Swaefe in the shop when he came—he is not here because he has the house and shop to attend to—I did not hear him say that he had been offered to be paid.
MR. CAARTEN. Q. Do you know of the prisoner being allowed to help himself to cigars, and coming the next day to pay for them? A. No, I do not. Our customers do help themselves-from the boxes; I have seen that—I
never before saw cigars drawn one by one from between the box and the counter case—the box is about an inch and a half from the counter case.
WILLIAM PARNELL (City policeman, 653). Between 12 and 1 o'clock on 11th June, the prisoner was given into my custody, in Bishopsgate Street Without, close by Mr. Swaefe's door, by Howes and the other witness, and Mr. Swaefe followed—as soon as I got the prisoner in the station he pulled these eight cigars out of his pocket, and said, "Here are the cigars that I have stolen"—I searched him, and found these six cigars wrapped in a piece of paper—he said, "These are the cigars that I have bought"—I found on him a gold guard chain, 1l. 2s. 9d. in money, two duplicates, one of a gold guard chain for 1l. 4s., and one of a watch—when the prisoner made use of those words, I think Mr. Swaefe was present; the two witnesses were.
Cross-examined. Q. You think all three were present, and could have heard his statement? A. Yes. I do not know whether the prisoner is a German, he spoke good English—he did not say, "These are the cigars I took," he said, "These are the cigars that I have stolen, and these are the cigars I have bought"—he did not say,"These are the cigars that they say I have stolen," he said, "These are the cigars that I have stolen"—the case was remanded for a week that I might make inquiry about the things that were found on him—I inquired of persons who knew him well, and found him to hear a respectable character—I inquired of several foreigners, and they gave him a good character, and were surprised to hear he should act so—in consequence of that, I gave up the things that I found on him—I did not make any memorandum of what the prisoner said—he said, as soon as I got him to the station, "These are the cigars I have stolen," and at the same time making the remark, "I ought to be hang'd;" and he repeated that several times, and likewise at the Mansion House as well; not before the Lord Mayor, he said it down in the cell, in presence of one of the officers—I did not hear Mr. Swaefe say that he had made inquiries and he believed it was quite a mistake—I did not hear him say there was no foundation for the charge—he said that he was perfectly satisfied, he thought he had been punished enough; he had made inquiries, and he was going into a foreign part, and he would forgive him.
MR. CAARTEN. Q. What time elapsed between his being taken and his being examined before the Lord Mayor. A. He was taken directly to the Mansion House, in about half an hour, I believe.
Cross-examined. Q. Was it to the Lord Mayor that Mr. Swaefe said what you have told us? A. Yes. I do not remember his saying that he was innocent—he said that he was a respectable man, and he could not account for it.
The prisoner received a very good character.
GUILTY — Confined One Month.
OLD COURT.—Tuesday, July 6th, 1858.
PRESENT—Mr. Ald. FINNIS; Mr. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder and the Second Jury.
MR. SERJEANT BALLANTINE and MR. SCOBELL conducted the Prosecution.
I produce a copy of the Stamp Office return in reference to the bank—I obtained it at the Stamp Office myself—it is witnessed by the Commissioners of Inland Revenue.
JAMES WILSON . I live at No. 12, Soley Terrace, Pentonville, and am a clerk in the London and Westminster Bank, at the chief office in Lothbury. I was clearing house clerk on 18th Dec. last—on that day I remember paying a draft on the London and Westminster Bank, by the Bank of London, for 1,200l., through the clearing house.
Cross-examined by MR. GIFFORD. Q. The course of business, as I understand it, at the clearing house is that one sum, whether cheque or money, is put to the balance of the whole clearance? A. Yes; we do not pay over the money of every particular cheque, but only the balance of a particular bank of all the cheques that have gone through the bank that day.
EPHRAIM PAYTON CONSTABLE . I am a clerk in the London and Westminster Bank. It is my duty to enter all cheques brought from the clearing house with the initials B, C, and D—those are my letters—this is the book—I find an entry in it in my handwriting of a cheques for 1,200l., on 18th Dec., 1857, drawn by W. Carrington—the entry is W. Carrington, 1,200l.—I enter them from the drafts themselves, and then give them to the ledger keeper—the prisoner was ledger keeper that day—to the best of my knowledge I have never seen the draft since—they are afterwards called over to me by another clerk by the amounts, but not the names.
REUBEN BIDDULPH re-examined. On Saturday, 1st July, I served the prisoner with this notice to produce a draft for 1,200l., having previously served it on his attorney on 30th June—(This was a notice to produce "a cheque for 1,200l.," but as it neither stated the date or by whom drawn, MR. GIFFORD contended that it was not sufficiently described, but that the description applied to any cheque in the bank of that amount, and that he had never seen it till that morning. MR. SERJEANT BALLANTINE requested the Court to reserve the point, but THE COURT considered that the objection was fatal).
NOT GUILTY .
PLEADED GUILTY .— Six Years Penal Servitude.
There were two other indictments for forgery against the prisoner, in which MR. SERJEANT BALLANTINE stated that a similar difficulty would arise, and therefore no evidence would be offered.
NOT GUILTY .
688. JOHN THOMPSON (30), EDWARD COOPER (22), and JOHN LAMBOURN (26) , breaking and entering the counting-house of Themistocles Manuel Gerussi, and stealing therein 1 umbrella and 2 pairs of boots, value 1l., his property, and 2 coats, value 7s., the property of William Wall Manning.
MR. COOPER conducted the Prosecution.
WILLIAM WALLER (City policeman, 121). On Saturday morning, 19th June, I was in Eldon Street, leading out of Bloomfield Street, and saw the prisoners coming in a direction from Broad Street Buildings—I followed them and took them in custody—I found on Thompson these two pairs of shoes; on Cooper, these two coats and an umbrella; and on Lambourn, this pair of shoes—they all three gave their addresses at the station—I went there, but learned nothing.
Cross-examined by MR. METCALFE. Q. Have the shoes you found on Lambourn been identified? A. They have not—he did not tell me where he bought them—he gave his address No. 23, Gordon Terrace, Pentonville, not No. 3—I did make that mistake at first—that was at the Police Court, about two minutes after I had taken the prisoners—I took them at 10 o'clock in the morning, and took them straight to the Police Court—I have not been to No. 3—I went also to No. 23, Golden Terrace.
Cross-examined by MR. SLEIGH. Q. Are the boots Thompson had old ones? A. They have been worn—I also found on him this book (produced.)
Cross-examined by MR. RIBTON. Q. Did Cooper tell you where he got the coats? A. No; I did not ask him—he did not say that he got them in Petticoat Lane.
MR. SLEIGH. Q. What did Thompson say? A. That he bought the clothes in Petticoat Lane—I asked him where; he said, "Of a man who was standing by a dead wall"—I said, "Could you point him out, or refer me to him?" he said, "No."
ISABELLA BRAKE . I am housekeeper to Mr. Gerussi, at his office in Broad Street; it is on the ground floor. I dusted the rooms on that Saturday morning, and saw these boots and umbrella safe—I then locked the door and went down the kitchen stairs—I heard a rustling noise in the passage, and thinking it was boys stealing the mats, I went back, but saw nothing—I afterwards missed these things.
Cross-examined by MR. METCALFE. Q. What is this place? A. The Royal Santiago Mining Company, No. 38, Broad Street Buildings—I believe Mr. Gerussi is a general merchant; it is a counting-house.
Cross-examined by MR. ROBINSON. Q. How do you know that the coats belong to Mr. Gerussi? A. By seeing them hang up in the office—there are clerks there; the coats belong to them—the boots belong to Mr. Gerussi; I have seen them on him—Mr. Manning is the head clerk—I am pretty sure I saw the coats that morning—I cannot say that I am quite sure—I am sure I saw the boots; I dusted them, and the umbrella was in the stand.
Cross-examined by MR. SLEIGH. Q. How do you know the boots? A. I have cleaned them; there is a blue lining inside one pair, by which I know them.
BENJAMIN FISHER . I am clerk to Theophilus Manuel Gerussi; he has the ground floor of the house as a counting house. On Saturday, 16th June, I went to the office at twenty minutes past 10 o'clock, and the key would not turn in the door; I opened it after some little time—this coat is Mr. Manning's, the head clerk.
Cross-examined by MR. METCALFE. Q. Is this an office? A. Yes—things are not paid for there—that is all done through the banker—no cash is kept there, except five or ten pounds for petty cash—you may call it an office or a counting-house.
( THE COURT considered that there was hardly any evidence against LAMBOURN—NOT GUILTY .
COOPER and THOMPSON— GUILTY .—They were also charged with having been before convicted.
tea pot and other articles, having been before Convicted; Transported for Ten years")—I was present; Thompson is the person.
GUILTY**— Four Years' Penal Servitude.
JOHN TRICKER (Policeman L 20). I produce a certificate—(Read: "Bow Street Police Court; Thomas Wright, Convicted, on his own confession, June, 1857, of stealing a time piece; Confined Six Months")—Cooper is the person.
GUILTY— Confined Twelve Months.
HENRY PROSSER . I am clerk to a merchant at No. 2, Philpot Lane. On 21st June, I was coming over London Bridge; a person pushed me against the prisoner—I looked at my watch directly, and saw the prisoner pulling it from my pocket—I said, "You have got my watch;" he said, "No, I am innocent—I seized his hand—he attempted to pass it to some one behind him, but it fell on the ground—I held him, and called a constable—the watch was picked up and given to me—the end of the chain was in his hand, when I took hold of his hand.
Prisoner's Defence. The gentleman was passing me; my button caught his chain, and he charged me with stealing the watch.
GUILTY †— Confined Nine Months.
THOMAS NICKLINSON . I am a meat salesman in Warwick Lane. About six months ago, the prisoner, whom I did not know, called upon me, and said that he was employed by the Commissioners of Sewers, that my drain wanted cleaning out, and he would do it for a half crown—I gave him a half crown, and engaged him to do it—if he had promised to clean it out without saying that he was in the employment of the Commissioners of Sewers, I should have known that he could not have done it—on 18th June, he came again, and said he was at work in the sewers, and he would clean my drain out, as it wanted it—in consequence of information I gave him in charge—I paid the half crown in Mr. Wing's presence.
JOHN WING . I am a butcher, of No. 11, Warwick Lane, and have five houses in Bartholomew Close. About six months ago, the prisoner called on me in Warwick Lane, and asked me if I had got some property at Bartholomew Close; I said, "Yes"—he said, "I am at work for the Sewer Commissioners, and your drain is stopped up; if you like to pay me for it, I will clean it out for you"—I offered him 1s.; he made light of that, and Mr. Nicklinson said, "Give him a half crown;" I said, "Yes"—he returned in twenty minutes, and said that he had done it—I paid him 2s. 6d.
Prisoner. Q. What was the date? A. I cannot tell—I did not say at Guildhall that it was before Christmas; it happened since a new tenant commenced his tenancy, which was since Christmas.
Prisoner's Defence. I was in the workhouse when they bring this charge against me; the Master of the workhouse was here all day yesterday to prove it, but it is Board day to day; no man ought to be convicted when they cannot tell the date.
GUILTY on 2nd Count. — Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
692. GEORGE TRIGG (32), was indicted for bigamy: to which he PLEADED GUILTY .—The prosecutrix stated that she knew the prisoner was married, but thought it was legal after seven years' separation.— Confined One Month.
693. HENRY WILLIAM JONES (24) and CHARLES MATTHEWS (23) , Burglariously breaking and entering the dwelling house of George Bowyer, and stealing therein 1 tankard, 1 pair of sugar tongs, and 2 spoons, value 5l. 10s., his property; and 1 pipe, value 3s., the property of George Phelps Bowyer.
GEORGE BOWYER . I live at No. 53, St. John's Wood Terrace. On Saturday night, the 12th June, I went to bed at 11 o'clock—my daughter went to bed at the same time—we were the last persons up—the doors and windows were all fast, except one window, which was twenty-two feet high—on Sunday morning, between 5 and 6 o'clock, I was awoke by a cry of "Thieves!" from my daughter—I jumped out of bed and pursued them, crying, "Stop thief," but did not see the prisoners till they were taken in custody, nearly half a mile off—Matthews was brought back first, with this silver tankard, and Jones a few minutes afterwards.
MARTHA BOWYER . On this Sunday morning, I was awoke by a noise on the stairs, opposite my bedroom door—I got up, and saw Matthews leaving the dining room—I rushed after him, crying, "Thieves!"—he went out by the front door into the garden—I continued to follow him until my father came—I saw Jones in the garden; they both ran—I know this tankard; it was safe on the sideboard the evening before, in the room in which I saw Matthews—I missed the sugar tongs, sugar spoon, mustard spoon, and salt spoon (produced)—they are my father's property.
Jones. Q. Do you say you saw me in the garden? A. At the garden gate which was open—you said, "I will catch him for you"—you were not quite so far from me as you are now.
JOHN BALDON (Policeman, S 304). I was on duty in St. John's Wood Terrace at twenty minutes past 6 o'clock, and saw the prisoners running in front of St. John's Wood Chapel, about half a mile from the prosecutor's house—I lost sight of them for a short time, but went round another way and stopped Matthews; he called out to Jones to "Step it"—Matthews had this tankard in a handkerchief under his arm—at the station, I found on him two mustard spoons and these sugar tongs—Jones was brought in shortly afterwards.
CHARLES HILL (Policeman, S 72). I heard a cry of "Stop thief!" at St. John's Wood Chapel—I saw Matthews stopped, and pursued Jones for a quarter of a mile afterwards—I searched him at the station, and found this meerschaum pipe, and seven keys, some of which are, skeletons, and this one opens the prosecutor's front door.
Jones. That is the key of my dwelling-house.
Jones's Defence. Matthews came to me about half-past 5 o'clock, and said he had a job, I could go to and earn a shilling or two; I went with him to
St. John's Wood, and we met a female there who gave me a parcel, and said she would return in a few minutes, and left me there some time; she came back and gave me 3s.; I then went to a coffee stall and saw Matthews running; he told me to come with him, and I joined him.
Matthews's Defence. I was in company with a young woman at a concert on the previous evening, who told me she wanted me to move some things for her; I asked Jones to go with me; we went to St. John's Wood Terrace, and she gave Jones a parcel; I stood at the door, and she brought out these things and gave to me, and told me to meet her at St. John's Wood Chapel in a quarter of an hour, and the constable came and took me.
MATTHEWS— GUILTY .— Confined Twelve Months. JONES— GUILTY .— He was further charged with having been before convicted.
JAMES HEWSON (Policeman, G 5). I produce a certificate—(Read: "Central Criminal Court, April, 1857; William Jones, Convicted of burglary; Confined nine months")—I had him in custody—Jones is the person.
GUILTY.*— Three Years Penal Servitude.
NEW COURT.—Tuesday, July 6th, 1858.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. CARTER; and
Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM GRIMES (Policeman, K 291). In consequence of information, I went, on 28th June, to No. 31, Lamb Street, Poplar, with another officer, about half past 4 o'clock in the afternoon—I went into the kitchen, which is the back room on the ground floor; it opens into a little garden—in that room I found the three prisoners, sitting down—the moment I made my appearance, Pulford hastened behind the kitchen door; I followed her immediately, took hold of her hand, and took from it these three half crowns—I said, "Come, you have got some more; turn out your pocket"—I put my hand under her apron, and took from her this purse, containing these four half crowns, wrapped in lint—I asked her where she got them; she said she did not know—the prisoner Motz seized hold of something on the table, which appeared to be a plaster of Paris mould; he began breaking it—I seized his arm, and we had a severe struggle—I called for assistance, and the other officer, 147, came down—Motz would not let it go; the other officer struck him on the arm, it fell on the ground, and he destroyed it with his feet as well as he could, and said, "Now do your best"—this paper
(produced) contains what he dropped on the floor, and tried to destroy—on the table, where the mould had been lying, I found this half crown, in an unfinished state—the fire appeared to have been recently put out; the place was hot—I found several pieces of metal lying about the fireplace and on the hob—on a shelf, I found a jar containing acid, and I found some copper wire—on the mantlepiece I found these new metal spoons—I found a bason, containing plaster of Paris and some silver sand, this bottle, marked "Poison," and a small paper, containing a white powder—the prisoners were taken into custody.
COURT. Q. Had you known this house before? A. I merely knew it; I had never been inside.
BENJAMIN COOK (Policeman, K 147). I went with the last witness, and found the three prisoners in the kitcnen—on a table, about a yard from where Motz was sitting, I found this counterfeit half crown, of the date of 1817—I found this small ladle on the hob of the fireplace; it was quite hot—it had in it a small piece of metal, which had been melted; it had the shape of the ladle—I found on the mantlepiece a piece of metal which had been melted—I found another ladle on the hob, which was cold, and had nothing in it—I went with the prisoners to the station; Owen remained in charge of the house—I assisted the last witness to get the mould that fell on the floor; Motz was struggling, and would not let it go; I hit him—I did not see the mould on the table—when Motz had the mould in his hand, he broke it in pieces; I did not notice that he did it with his feet—he made great resistance, and when the mould was down, he said, "Do your best."
JOHN OWEN (Policeman, K 305). I took charge of the room, when the other officers took the prisoners to the station—after Motz and Pulford had left, Mary Ann Smith was there, sitting on a chair—when she got up from that chair to go out, I heard something drop; I looked at the place, and found this counterfeit half crown close to where she had been sitting; it is of the date of 1817—the other two prisoners had just left the room when it fell—Smith did not observe me pick it up; another officer took her.
Pulford. Q. Was not I sitting by her side? A. No.; you had left the room, but not left the house.
BENJAMIN KEEN (Policeman, K 298). I went to the house with the last witness, and found the three prisoners in custody—I found in the room this small file, in the crack of the table; it has white metal in the teeth—I took White and Pulford to the station, and came back, and went into the garden—I borrowed a spade from the next door, and seeing that the mould had been recently moved, I dug, and found these two plaster of Paris moulds, wrapped separately in this rag, and this piece of white metal.
HENRY PEARSON . I live in that house, No. 31, where the prisoners were—I took my room of the mother of Motz; she is the keeper of the house—I have not been acquainted much with Motz, but I have known him living there about three months—I had seen Pulford and Smith there for about a fortnight before they were taken—they used the kitchen at the back of the house, but when I came up or down stairs the kitchen door was always shut—I cannot say that I had seen them in the kitchen—the two women used to sleep in the front room, I sleep in the back room—Motz slept in the down stairs room, but they used the kitchen in the day.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—These fragments of a mould have just enough on one small piece to satisfy me that it was the mould of a half crown of George III., but I cannot swear that these half crowns came from it—these four half crowns, taken from
Pulford, and this one, that was on the table, are all from one mould—the other five are all from one mould of George III., 1817—one of these moulds, found in the garden, is of George IV., 1826; and the four half crowns found on Pulford, in the porte monnaie, are from this mould—this other half crown is of William IV., but there is no mould for that—these are all counterfeit—these moulds have both the obverse and reverse sides—every thing that I see here is what is used in the manufacture of counterfeit coin—this plaster and sand, and the moulds and file—these coins are made of the same material as this piece of metal found in the ladle—these spoons are the same metal—they are frequently bought for the purpose of making these coins—this copper wire is what is used in the battery for the purpose of silvering the coin—when coin is finished it is usually kept in separate papers—these pieces of metal are two gets, which is where the metal runs down into the mould; this remains to the coin and is broken off, and then this file is used to make the edge smooth again.
Motz's Defence. There was a man living in the house who used to take his meals in the kitchen, and occasionally slept there; these moulds were found in the yard, to which there is an outlet from the kitchen; the lady next door had seen that man using the moulds to make coin; the female, Smith, was a lodger in the same house, and she came to ask me to write a letter to her husband, and I was doing so when the police came; there were three half crowns on the table, of which I had not the slighest knowledge; that man gave Pulford four half crowns in a port monnaie, to take care of till he returned; he had not been gone more than twenty minutes; the female, Smith, could not know of anything like bad coin being in the house; I refer you to the police officer, to prove I was writing; he has the letter in his possession, which is headed, "My dear husband;" Smith had just received a letter from her husband, which I was going to answer; the lady next door said she saw the man making the coin, and she gave her evidence in the station house the same night.
Motz. Q. Did you see the man that I gave evidence for? A. Three weeks ago last Thursday, I was very ill, and I went up stairs, and I saw a man sitting by the side of the fireplace in the down stairs kitchen of No. 31—I saw him with a piece of chalk, and round the chalk there was like a piece of card, and he was stirring something in a ladle, and, as he poured it out, I saw a half crown in the centre of it—he had something in his hand which looked like a half crown—he put it down by the side of the table, and in a few minutes afterwards I saw him pass it to Motz, and I saw Motz with a white cloth cleaning it; it looked to me like a half crown—this man had the ladle with the liquid by the side of him—I called my sister-in-law up—in about half an hour I looked again, and I saw what seemed like a bowl full of coin; I called two witnesses, Mrs. Phillips and Mrs. Stamp, and the same night Mrs. Phillips told the policeman—I have seen that man since; he went past our house with a young woman, and my brother-in-law ran after him—I know that Pulford and Smith came to the house about a fortnight before they were taken.
MR. ELLIS. Q. Did you hear that man, supposing his name to be Charles Williams, when he showed the coin to Motz, say anything? A. Yes, he
said, "Will it do?" and Motz said, "oom," as if assenting—I saw Williams turn the chalk into a towel, and there was what looked like a half crown in the towel; he shewed it to Motz, and he polished it up—I saw them in the garden, and Motz said, "Charley, will you go up with that parcel?" and he sad, "Yes, I will"—that was about half an hour after I saw the bowl with the coins.
MOTZ— GUILTY .**— Five Years Penal Servitude.
SMITH— GUILTY .*
PULFORD— GUILTY .*
Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the prosecution.
JOHN COOKE . I am chief clerk at the Post Office, at Charing Cross. I supply the public there with postage stamps—on 11th June, the prisoner came for 6s. worth of postage stamps—she put down a crown and a shilling on it—she had been there a short time before, and I knew her voice—I found the crown was bad, sent for a constable, and she was given in custody—I said in her presence that she had been there before, and uttered a bad half crown—the prisoner said she had never been in the shop before—she took out two good half-crowns, and offered to pay for the stamps—I said no, I should not do that, I would give her into custody—she had come on two previous occasions—the first time I did not see her face, but I heard her voice—she came again on 4th June—I served her on both of those previous occasions—she asked for 4s. worth of stamps, and paid with a half crown, a shilling, and a sixpence—I discovered, on both of those occasions, that the half crowns were bad, and the shillings and sixpences were good—on 4th June, I attempted to have her followed, but she got too far—the half crown that I took of her on 4th June I gave to the constable—the one that I took first is not produced.
Prisoner. I was never in the shop in my life before; he said that he could not swear to me. Witness. No, I did not.
ROBERT EVERALL . I am a stamper in the Post Office. I was there on 4th June—I recollect the prisoner coming for 4s. worth of stamps; I am certain of her, Mr. Cooke served her—he afterwards called me, and sent me after her, but she was gone too far—I saw her on 11th June—I did not know her at first, but after she had paid for the stamps I asked her to take up her veil—I am certain she is the person—I went for a policeman—she denied having been there before.
JAMES CASTELL (Policeman, F 129). The prisoner was given in my custody on 11th June—this is the crown and the half crown which I received from Mr. Cooke—I asked the prisoner where she lived; she first told me in Crown Street; I asked her whereabouts; she told me it was somewhere near the top, but she did not know the number—in going to the Station, she told me she lived at No. 12, Wardour Street, Tottenham Court Road; there is no such street there—I went to No. 12, Wardour Street, Oxford Street; there was no such person known—she had 10s. 6d. in good money on her.
GUILTY.—Recommended to mercy by the Jury. — Confined Four Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
price of them; I said a penny—he bought one, and gave me a 2s. bit to pay for it; I gave him 1s. 11d. change—I took the 2s. bit to Mr. Stevens, the beer shop keeper, to get change for it—he bent it with his mouth, and said it was bad—I left it with Mr. Stevens, and gave the prisoner in custody.
WILLIAM STEVENS . I keep a beer house at Greenford. On 13th June, Meads came to me with this 2s. piece—I examined it; it was very bad—I put it into my mouth and bent it—I said, "You won't have this any more"—I went out just afterwards and found the prisoner in custody—I gave the officer the 2s. piece—I saw him mark it; this is it; it is the one that Meads brought me.
JAMES HITCHCOCK (Policeman, T 25). I took the prisoner on 13th June, at Greenford Green—Meads accused him of passing a bad 2s. piece to him for a penny pie—he said, "Me! what me! if I did, here is another"—he offered a good florin; I took it from him—I found on him 18s. 6d. in good silver, 12d. in copper, and two counterfeit shillings.
Prisoner's Defence. I was in the employ of Mr. Ponsford, a builder, of Queen's Gardens, and, on the Saturday night before I taken, I took for my wages 1l. 1s. 8d.; I went into a public house for change for a sovereign; they said they could not spare it; but a man in front of the bar gave me change, and I left; after passing the 2s. piece, I laid down on the grass, and watched the policeman's approach, without manifesting any symptoms of alarm or attempting to escape; I had not the slightest suspicion that I had in any way committed myself; when I was told that the piece of money which I had passed was bad, I instantly offered to give him another.
GUILTY .— Confined Four Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH HALSEY . I keep a beer house at the Hyde, at Kingsbury. On 23d June, the three prisoners were all there—they had supper between 8 and 9 o'clock—they sat at one table, but they had separate suppers; each one paid for his own—Wilkins paid me a bad shilling—I sent it to Mrs. Brown by my little girl; she brought it back—I found it was bad—I gave it to Wilkins, and told him it was bad—he said, he got it of Mr. Atkins, his master (there is a Mr. Atkins, a farmer, who lives near there)—after the prisoners had had their suppers, they all went away—on the following night, they all came again, and had supper together, as they did the night before—their suppers came to 6d. a-piece—Sale gave me a shilling—I had no change, and I sent that shilling by my daughter, to get change—she came back with a policeman, who brought the shilling; it was a bad one—I told Sale, it was bad, and desired the constable to search them all; I thought they were all in a party together—Sale offered to pay me a 2s. piece—I spoke to Wilkins about the shilling he gave me the night before—I asked him, if he had taken it to his master; he said, that was his business; he did as he pleased—I put a mark on the shilling that was given me by Sale on the second night; that was on Thursday—after the prisoners had gone, I found three more bad shillings in my till.
Sale. You say you found some bad shillings after we were in custody; you told the Magistrate, that you found them on Thursday morning in the
till, and you had taken them on the Wednesday night. Witness. While you were in the house, I found the bad shillings.
COURT. Q. Do you know whether they passed any money besides the shillings you have mentioned? A. Yes—each paid a shilling—Brown paid a good shilling—I don't know anything about the shilling that Sale paid the first time.
Sale. Q. Did I not pay you a half crown on the Wednesday night? A. I cannot tell—I had no other small change in the house—they had every farthing I had—they seemed to play upon me.
Wilkins. I had a half crown on Tuesday from my master—whether I took a bad shilling from my master or from her, I cannot tell.
FANNY HALSEY . I am the daughter of the last witness. On Thursday, 24th June, I saw the prisoners there, having their suppers—my mother gave me a shilling to get change—I went to Mrs. Down's, who said it was bad—the officer, Pearce, was there; he marked it, and gave it me back—I took it to my mother and told her it was bad—I gave the shilling to Mr. Pearce—I had not lost sight of it.
SARAH DOWN . On the evening of 23d June, a little girl brought me a shilling, which I refused—on the next day, the last witness brought a shilling, between 8 or 9 o'clock in the evening—I looked at it; it was bad—I showed it to Mr. Pearce.
ELIZABETH MOLD . I am the wife of George Mold. I know the three prisoners—I had been in the habit of seeing them every day, for nearly a fortnight before they were taken, at my home, where I sell a few things in the Edgware Road—they have sometimes come together, and sometimes separately—on the Thursday before I was examined, two of them came to buy some bread—I could not say which two it was, but one of them attempted to pay me a bad shilling; I returned it, and he gave me a half crown, and I gave him change—after the prisoners were taken, the policeman brought them to my shop—he asked me if I could say who it was gave me the bad shilling; I said, "No;" but he who gave me the half crown gave me the shilling first"—each of them was asked who gave the half crown, and Brown said he did—I said, "If you gave me the half crown, you gave me the shilling first;" he said, "No"—I said, "Yes, you did;" and then he admitted that he gave me the shilling—I do not remember his words.
GEORGE PEARCE (Policeman, S 149). On Thursday, 24th June, I was at Mrs. Downs—Fanny Halsey came and brought a shilling—I marked it, and gave it back to her—I saw it again in a few minutes, as soon as I had put my uniform on; this is it—I went to Mrs. Halsey's, and saw the three prisoners there—Mrs. Halsey pointed out Sales as having passed the shilling—I asked if she was going to charge him; she said, "Yes"—I asked him if he had got any more bad money; he said, "No"—I searched him, and found this bad shilling, a 5s. piece, a florin, a shilling, and a sixpence, all good—on Brown I found, in a porte monnaie, two half crowns, 3 sixpences, and 4 1/2 d. in copper, all good, and this one bad shilling—I had asked him, before I searched him, if he had any bad money, and he said, "No"—I put the handcuffs on Sales and Brown; they resisted; I said I must do my duty, and Wilkins said, "Never mind, I have had them on many times"—I got these three other shillings from Mrs. Halsey.
WILLIAM GINGER (Policeman, S 239). I went to the house and took Wilkins—I found on him 1s. 2 1/4 d. in good money—I took him to the station, and, in going, he told me he had thrown the bad money away that Mrs. Halsey gave him back.
WILLIAM WEBSTER . This shilling uttered by Sale, the one found on him, and the one found on Brown, are all bad, and two of them are from one mould—the three shillings which Mrs. Halsey found in her till are bad, and are from the same mould as the other two.
Sale's Defence. When I took my money on Wednesday night, I took a half crown; I got it changed, and afterwards we had a pint of beer; I went there the next morning, and I had a sixpence in my bag, a 5s. piece, and two shillings; I gave her the sixpence; I did not know the two shillings were bad; I went at night and had half a pound of meat; I gave her a shilling, she brought it back and said it was bad.
Brown's Defence. When I gave the shilling, I did not know that I had any bad money; I cannot say where I took it; it was the first time I ever had a bad shilling in my life.
Wilkins' Defence. I did not know the shilling was bad; whether I took it of my master or at the public house I do not know; I flung it away; on the Thursday night I went there, and she came and said, "What did you do with the shilling?" I said, "What business is that to you?" a policeman came and searched me; I had nothing about me that was bad.
GUILTY .— Confined Six Months each.
MESSRS. PLATT and POLAND conducted the Prosecution.
MAURICE LEON . I am a tobacconist, of No. 35, Long Acre. About 20th June the prisoner came for half an ounce of tobacco—my daughter served him, and he gave her what pretended to be a shilling—she took it up and gave it to me—on my looking at it, the prisoner said, "It has been a little worn, but it is all right"—it had at that time some appearance of silver on it; it has not now—I gave him 10 1/2 d. change, and my wife gave him the tobacco, and he went from the shop—soon afterwards I put that shilling aside, and kept it separate from any other money; the next morning I discovered it was bad; it is a farthing—I am quite sure the prisoner is the man.
CHARLES SPERLING . I am a tobacconist, at No. 136, Long Acre. On Saturday, 26th June, the prisoner came about 8 o'clock—he asked for half an ounce of tobacco; I served him, and he produced a copper farthing, covered with liquid, to represent a shilling—he laid it down on the counter, and held his hand over the counter, to throw a shade on it, that I should not see it was bad—I took it up, and found, by rubbing it on my boot, that it came like copper—I said, "This is rather neatly got up, have you got any more?" he said, "No," and he was not aware that it was bad—I said, I should not let him go, till I got a policeman; he said, he had got it from a beer shop or public house, where he had been taking dinner—I gave him in custody with the coin; it has been filed at the edges.
THOMAS GROVES (Policeman, F 83). On that Saturday evening, I was called to the shop of the last witness, and the prisoner was given into custody for uttering a counterfeit shilling—I produce these two farthings; one was given me by Mr. Leon, and the other by Mr. Sperling—the prisoner had no money on him—he gave an address, and I went there, but he was not known.
Prisoner. The address I gave was No. 17, Red Cross Street, Union Street, Borough. Witness. No, you said Red Cross Street, City—I will swear you said City; you never mentioned about the Borough.
silvered to represent shillings—they have been ground down on that side which is unlike a shilling, so as to efface the impression—they are flattened out by a hammer, ground down, and filed round to look like a shilling; they are coloured over with quicksilver, which easily wears off; when so dealt with, they would have the appearance of shillings.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, July 7th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Justice CROWDER; Sir JAMES DUKE, Bart., M.P., Ald.; Mr. Ald. ROSE; Mr. Ald. MECHI; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Justice Crowder and the Third Jury.
MR. LILLEY conducted the Prosecution.
ELIZABETH HANNAH DOBSON . I live at No. 26, Porter Street. The prisoner is my husband; we have been separated very nearly four years—on Monday, 14th June, about 10 o'clock at night, I was standing in Earl Street, talking to my daughter-in-law, and saw my husband in the middle of the road, coming with his face towards me; I endeavoured to avoid him, by walking away—he came across the road, on to the pavement, overtook me, and took hold of me by the shoulder very heavily—he said something, and I said, "Do not take hold of me so brutish; you will find you have a wrong one to deal with"—he then took hold of me very lightly; then he repeated my words—he then took hold of me again, with a very strong grasp, on the same shoulder, saying, "I do not care for your protection," and struck me a blow on the neck with his right hand, which I think was clenched—I put up my left hand, and found blood coming from a wound in my throat—I struggled very slightly with him, and fell—I believe he then walked away; I do not know anything more—I was picked up, and taken to a surgeon's, and then to Charing Cross Hospital, where I have been ever since.
JOHN SNELL . I live at No. 12, Compton Street, Soho. Shortly after 10 o'clock, on the night of 14th June, I was talking to a friend, at the corner of Earl Street and West Street, which commands a view of both West Street and Earl Street, I heard a rush by my side; I turned round, and saw the prisoner push a woman against the gutter of the public house, close to where I was standing—I cannot swear to the woman, for I did not observe her particularly—the prisoner then put his right leg back, and stood like this, and deliberately his arm went twice towards the woman; whether he struck her or not, I cannot tell—his arm was going in this direction, as if he was stooping partly—I cannot say against what part of her his arm would have gone, because she was fixed against the shutter, and appeared to be trying to slide down—I can positively assert that be struck her; he appeared to strike her twice, and she sank on the pavement, and I heard a kind of a groan or a cry—I was as close as I am to you, rather closer; I only had to turn my head round—the prisoner walked slowly round into West Street; I walked directly after him, as close as I could keep to him—I heard a person cry, "A woman is stabbed!"—I immediately took hold of the prisoner, and
said to him, "You must go with me to Bow Street;" he said, "Let me alone"—I said that it was too late, go he most—I was not aware of it, but a person, a boy, I believe, cried out that he had got a knife in his hand, and the prisoner immediately threw it on the pavement; the boy picked it up, and delivered it to me; I had it with my right hand, and the prisoner with my left—I went down West Street with the prisoner, up St. Martin's Lane and Long Acre, met a policeman, and gave him into his hands, telling him to take him to Bow Street; I followed, and took the knife to Bow Street Station, and gave it to the inspector on duty—this is the knife (produced)—it had no case to it when I saw it; it was covered with blood.
HENRY PALMER . On 14th June, I was house surgeon at Charing Cross Hospital. I have lately resigned—on that evening, about half past 10 o'clock, Mrs. Dobson was brought there—she was seen by the surgeon in the hospital the same evening, and I examined her the following morning, and found her in a very debilitated state—she had a punctured wound in the centre of the collar bone, on the right side; it extended directly backwards; it was three or four inches deep, and about an inch wide, penetrating to the blade bone; it bled considerably—it most have been given with considerable violence with this instrument—this knife might have inflicted it—the point was stopped by the bone—she was in a very alarming state for two or three days—she had lost a good deal of blood—the danger was from the amount of fever—the wound must have been given from before, backwards; I mean, a thrust forwards.
COURT. Q. The wound I suppose must have been near some vital part? A. It was within a very short distance of the carotid artery, and another artery also; there was also danger of wounding the lungs—there was no other wound or bruise.
Prisoner's Defence. I have been for these three months past very unfortunate, for want of employment, and obliged to walk about day and night without food, frequently for three days together; on the Monday night this unfortunate circumstance took place, I met with a few friends, and got drinking all day a good deal of spirits, which affected my head; I had not a place to lay my head down upon, and my mind was very excited, but I had not the slightest idea of seeing my wife, and what took place afterwards never entered my head; I have a faint recollection of seeing her, but what I did to her, or she to me, I know not; whether I took my hand out of my pocket to strike her, having the knife in my hand at the time, I know not; it must have been so; for I declare most solemnly, the thought of injuring her in any way, never entered into my mind; it must have been done when I lost all reason and control over myself: we have been married thirty-five years, but have not been living together for the last three years; though when we met we have been sociable, and never during the time we have been married have I ill used her, or any of my children, as she can testify; I solemnly declare, I had no premeditation; I have suffered very acutely since.
between excitation and intoxication; he walked very well with me—the inspector asked him at the station what he had got to say, and he said, "I did it"—that was the only defence he made.
GUILTY on 2d Count. — Three Years Penal Servitude.
Before Mr. Justice Williams.
MR. COOPER conducted the Prosecution.
GEORGE ROSE INNES . I am an articled clerk. On 16th June, between 5 and 6 o'clock, I was opposite the end of Clifford's Inn Passage, or a little nearer St. Paul's than that—Fleet Street at that time was very clear—I heard the rattling of a cart, and some shouting—my attention was called to the prisoner, who was in a cart, driving a horse, which appeared to be galloping at about nine or ten miles an hour, going towards St. Paul's—I saw the deceased in front of the horse—he was a gentleman more than sixty years of age I should think—he appeared to have stepped off the flags, and either the horse's shoulder or a portion of the shaft struck him, I should say, in the chest; he was thrown down with considerable violence on his back—I do not think the wheel of the cart went over him—he was picked up by some policemen—immediately the horse struck the deceased, it plunged; the prisoner appeared to get it under his command again, and drove on a short distance further, and was then stopped by the police, or else he pulled up on their calling to him—several people shouted out directly the accident occurred, and shortly before as well—I should say that the prisoner was perfectly sober.
Cross-examined by MR. SLEIGH. Q. Whereabouts were you? A. On the opposite side to where the prisoner was—he was driving towards St. Paul's, and was close to the St. Dunstan's church side, and I was on the opposite side—his cart was about a yard, or a little more, from the kerb, on his proper side—of course the bystanders shouted when they saw the horse so near the deceased, and I believe the prisoner shouted as well, and called out to the gentleman before the horse struck him; he was evidently very old—it was between Clifford's Inn and Fetter Lane, between the church and Fetter Lane—I am pretty well sure there is no passage between Clifford's Inn and Fetter Lane—of course I did not see the actual contact between the cart and the old gentleman, because I was on the other side of the way, and the horse was between me and him—when I first saw him, he was stepping from the flags; being so close, of course he was in front of the cart directly—I have lived all my life in London—I have very seldom driven, but I should say the pace would be eight or nine miles an hour; the horse appeared to be galloping when I looked—I believe a horse lifts both his legs at once when he gallops.
GEORGE HILL (City policeman, 315). On 16th June, I was on duty in Fleet Street, and at a little before 6 o'clock saw the prisoner in a cart driving—when I first saw him he was by the side of Praed's, the bankers, which is between Chancery Lane and St. Dunstau's, and was galloping at the rate of nine or ten miles an hour, towards St. Paul's—I saw the deceased attempting to cross Fleet Street, at the end of Clifford's Inn Passage, and saw the cart knock him down; at least, the horse or the shaft, I imagine—I was on the other side of the way, near Hoare's door—directly I saw the deceased knocked down I stepped across the street, and held up my hand for the prisoner to stop; he did so—the gentleman was afterwards taken to St. Bartholomew's hospital.
Cross-examined. Q. Was your attention first attracted by a blow being struck by the cart? A. No; I saw the cart coming; the street was perfectly clear; it was five minutes to 6 o'clock in the evening—when I first saw the cart it was by Praed's, the bankers; that was the first time I saw the cart or the prisoner—the street was perfectly clear—the prisoner was sitting on the off side, in the usual place where the driver sits, with the reins in his hand—it was a two-wheeled cart, used for newspapers.
NEWTON HELLAS . I am house surgeon to Bartholomew's Hospital. On 16th June, at a little after 6 o'clock, the deceased was brought there—I examined him; he had a compound fracture of the left leg, close to the ankle—he died on the 28th June, of the shock to the constitution; he was over seventy years of age; his left leg was cut close to the ankle—what I have heard of in the evidence would produce what I saw.
NOT GUILTY .
702. JOHN FRANCIS GROSSMITH , Feloniously cutting and wounding Edward John May, clerk, with intent to do him some grievous bodily harm. The prisoner having, in the hearing of the Jury, admitted himself to be guilty of unlawfully wounding, the Jury found a verdict of GUILTY of Unlawfully Wounding. — To enter into recognizances to appear and receive judgment when called upon.
MESSRS. ROBINSON and T. SALTER conducted the Prosecution.
HENRY FITZROY ELDER . I am a clerk in the London and County Bank, at Tenterden; I have been so about five years. On 11th June, about 10 o'clock, the prisoner, whom I did not know before, brought this cheque for 457l. 10s. (produced), and presented it for payment with this letter—(Read: "Bull and Mouth, June 10th, 1858. Sir,—On the other side is a cheque for 457l. 10s., as requested, addressed to W. Williams, Esq., Lincoln's Inn Fields."—"Jan. 10th, 1858, Tenterden. Pay to W. Williams, Esq., or bearer, 457l. 10s., Henry Smith;" endorsed, "W. Williams")—I noticed the endorsement at that time—it had the appearance of having been recently written; it looked fainter than the writing of the body of the cheque, and evidently a piece of blotting paper had been passed over it, directly it was written; it was fainter than it is now—the prisoner's hand trembled, as he gave me the cheque, and my suspicion was at once aroused—he spoke as he came into the bank; he said, "Good morning"—I told him, that I knew nothing of Mr. Smith; we had no account, in his name, in the bank—he appeared very much surprised, and said that he could not understand it—he said, "Is it not a funny thing for a man to draw a cheque on a bank, when he has no account?"—I told him that it was occasionally done—he asked me, if it would be any good to call again; I told him yes, as there was a second post at half past 2 o'clock—I forget whether I told him the time; but I know I told him that there was a second post—he then asked me to write my answer on the cheque, and I wrote, "No account"—he said, "I received it in Lincoln's Inn Fields yesterday," but did not mention any name—he appeared very reluctant to leave the office, and I suppose he remained there four or five minutes—he appeared to be thinking, and seemed confused; he looked on the ground—I saw him again, as I was crossing the road to communicate with the inspector; I had hardly opened the advices—he
did not come to the bank again that day, but, about two minutes after he left, I saw him walking towards the Eight Bells—I had opened one letter before he came in; that was the bead office letter, from the parent office in London—after he had gone, I opened other letters; this is one of them—(Read: "Cranbrook, June, 1858. Sir,—My father wishes me to enclose you his cheque for payment of 1,500l., for you to place to the credit of Henry Smith, Esq., whom my father has recommended to keep an account with you. Please acknowledge the receipt of the same by return of post, and oblige, Sir, yours respectfully, per E. Beaman, I. Beaman. To the Manager of the London and County Bank, Tenterden." A cheque on the London and County Bank was enclosed for 1,500l., payable to Henry Smith, Esq., or bearer, dated, Tenterden, June 10th, 1858.)—The form of that cheque is not like those that we were using at the time; I have never seen a cheque like this during the eight years I have been there—I afterwards opened this other letter—(Read: "Bull and Mouth Hotel, London, June 10th, 1858. Gentlemen,—Mr. Beaman, of Cranbrook, informs me that he has, this day, paid, into your bank, 1,500l., with which, at his recommendation, I request you will open the account. I am about purchasing an estate near you, upon which I intend to reside, and shall give you a call in a day or two, when I shall want a cheque book, &c. I have drawn one cheque for 457l. 10s., in favour of Mr. Williams, which is all I shall want at present. Yours respectfully, Henry Smith. To the London and County Bank. Please notice over the "i" in my name two dots, on all my cheques")—it was after reading those letters that I communicated with the police.
Prisoner. Q. Where did you receive the 1,500l. cheque from? A. The post mark on the envelope is Tunbridge—I am aware that that is Mr. E. Beaman's place of residence—I am quite sure you did not tell me that you had received the cheque from Messrs. White and Reynolds; you told me you had received it from Lincoln's Inn Fields.
MR. ROBINSON. Q. In going down from London to Headcorn, would he pass the Tunbridge station? A. Yes; Headcorn is the station for Tenterden—I am not aware whether there is a letter box at the Tunbridge station—I do not know whether the train stopped there; I do not know what train he came by.
COURT. Q. How was it that you had not opened the advice letter? A. I had opened the advice—we never pay upon any other letter than the advice; never from letters of private individuals; we never open an account in that way—I had no particular reason for not opening the other letters when he expressed surprise; I should not have acted upon it, if I did—I could have communicated with the prisoner immediately afterwards, if I had felt disposed to pay—I had read all my letters before he had left the office two minutes; I had opened the letters purporting to come from Mr. Beaman and Mr. Smith, and had them in my hand—I suspected there was something wrong, from the prisoner's manner, and also from the signature, and that was the reason I did not mention it to him; I expected he would call again—I went to the police, and was prepared to give him in charge when he called again.
GEORGE RUSSELL (Detective City policeman). On Thursday, 17th June, I saw the prisoner, in Weymouth Terrace, Hackney Road; he went into No. 29—I followed him, and said, "Mr. Wilmshurst, I wish to speak to you; you were at Tenterden last Friday"—I had not known him before—I am sure it was Friday I mentioned, and I said, "You presented a forged cheque at
the bank there, for 457l. 10s.; can you give any explanation of this matter?" he said, "I can; I had it from Mr. White"—he afterward gave Mr. White's address, No. 58, Lincoln's Inn Fields—he then said, "I will give you the cheque," and asked his wife to go and fetch the cheque and the letter—his wife produced, in his presence, this envelope, containing a letter and the cheque; these are them—(Read: "No. 58, Lincoln's Inn Fields, June 14, 1858. Sir, Mr. Williams requests us to inform you, that he wishes the amount due to him, 457l. 10s., to be paid, without delay, by you to us, on his account; the only certain time to see one of us is between 12 and I o'clock. Yours respectfully, White and Reynolds. To H. Smith, Esq.")—I read the letter, and told him I did not consider it an explanation at all, and I should take him into custody, and search the house—I told him he would be charged with uttering the cheque for 457l. 10s., and another, for 1,500l.; he made no answer—I told him that I must search his house; I only wanted cheques and counterfoils of old cheques; he must let me have all the old cheques and counterfoils he had got; that would do for me—his wife then replied, that they were down stairs, she would go down and get them for me; and I went down with her—she said that she did not believe he had seen them for ten or twelve years—she showed me a number of papers, from which I took some old cheques and old counterfoils, and among them these three (produced).
COURT. Q. Was the prisoner present when you found them? A. No, but I produced them to him up stairs, and he said that he had not seen them, or some remark of that kind—I showed him the whole mass of cheques which I got from his wife, not these three in particular—I would not say that he made any remark.
Prisoner. Q. After you hud received the cheque and the letter of Mr. White, did not I wish you to go with me to Mr. White? A. No, you wished me to see Mr. White—you did not offer the slightest obstruction to my searching the house.
EBENEZER BEAMAN . I am a maltster, residing at Tunbridge; I also carry on business at Cranbrook. I have an account with the Cranbrook branch of the London and County Bank, and have done so since 1843, when the bank was established there—the letter produced is not my writing; I never gave any body authority to write it—it is not my son's writing, nothing like it—I know nothing of the cheque that was enclosed in that letter—I had never seen that cheque before 14th June—I know no person named Henry Smith—years ago I was acquainted with the prisoner's writing—there is a similarity in this letter to his writing, when I was familiar with it, that is twelve or thirteen years ago; I should say I think it is his writing, I believe it is; his hand might alter a little; it is similar to the writing of twelve or thirteen years ago—it is not in a disguised form, it is a natural form—I believe it is his writing—I received this letter of 14th June, within a day or two of that time—it is addressed to Mr. E. Beaman, Tnnbridge Wells; it went there, and then came back to Tunbridge—I can see the post mark of Tunbridge of 15th June—I know nothing whatever of the matters referred to in this letter (Read: "London, June 14, 1858. Sir,—If you do not instantly return me the amount advanced you on the faith of your 1,500l. cheque, paid in by you at the Tunbridge Branch Bank, I shall take legal proceedings against you. My cheque for 457l. 10s. is returned unpaid, and I am threatened to be arrested through you; you know where to find me, and what to do. Yours, &c., Henry Smith")—the London post mark of the 14th is on the
face of this letter—there is a letter box at the Tunbridge station, in which passengers can put letters while the train is waiting there.
Prisoner. Q. You said you could not well remember my writing, as you had not seen it for thirteen years; why then do you swear that you fancy the writing produced is mine? A. I do not sweat it; I could not do so much as that—I have my writing here on four cheques, passed through different banks in 1857—(At the request of the prisoner, the witness wrote his name on a sheet of paper)—I have not seen a cheque of a similar colour and character to this for twelve years—the bank use quite a different colour now—I received some of these sort twelve years ago, as a customer—I have not said to Jury that the signature to the 1,500l. cheque resembled mine; I have said, that as far as the letters "man" was concerned it resembled mine—the style of the writing on the cheque is similar to the note; I think it is yours—I do not think that your writing and mine are similar; it is possible you may have imitated the "man"—the "man" is an imitation of mine decidedly—it is not like my writing, and not the style in which I sign cheques—I always sign cheques with my Christian name at full length—the character of the writing is not my style of writing—I gave the threatening letter, signed "Smith," to Mr. Troughton, the manager of the bank, because he was as much concerned in the matter as myself; I gave it him the first time I met him—I swear I know nothing of Mr. Smith—I have not tried to bring a false accusation against you before.
Q. When the notes were abstracted from the bank parcel, brought by you from the London and Westminster Bank, did you not endeavour to fix the stigma of the guilty act upon me? A. Yes, a few days after the notes were stolen, they were returned to the house of one of the partners, tied to the knocker of the door; I took no active steps to prove you guilty of it—we expressed our opinion that you were guilty of it—that is twelve or thirteen years since—you were retained in the London and County Bank for some few weeks afterward; I do not know for how long—nobody proceeded against you—you are half brother to my late wife.
Q. In investigating the affairs of my father's bank and property, as executor, did I not discover and accuse you and your brother of acting fraudulently in respect of that property? A. I do not know anything about it—I have no recollection of such a thing—I know nothing of any such transaction—you did not charge me with it on any occasion, to the best of my knowledge; you had no occasion to do so—I offered no obstruction to you as executor of the estate—I never interfered with your duties as executor.
Q. Do you mean to say that the property was not absorbed in accommodation bill transaction between your brother, Isaac Beaman, who is now in difficulties in the Borough, and yourself? A. No; no such thing; there were no accommodation bills relating to your father's estate—your father sent hops to my brother, who is a hop factor, and he drew bills on the hops, nothing beyond that; they were all real transactions.
MR. ROBINSON. Q. Is there the least pretence for saying that the signature to that cheque is yours? A. No, certainly not; I know nothing of Henry Smith, and knew nothing of this transaction till 14th June—it was before 1843 that the notes were abstracted; I was then a partner in the Cranbrook branch of the Weald of Kent Bank; I ceased to be so in 1843—these four cheques were all drawn by me in 1857; that is the form now used by the London and County Bank—I invariably sign my Christian name at full length.
business as surveyors at No. 58, Lincoln's Inn Fields. I know the prisoner; I procured him employment since last May—I never gave him any cheque to receive for me at Tenterden; this letter of 14th June purports to be a copy; it is not my writing, or my partner's; I know nothing about it—I know nothing about Henry Smith, who is referred to there; it is not at all like my writing—I know nothing of this letter dated 10th June, signed "Henry Smith;" I think it is the prisoner's writing; I am acquainted with the character of his writing: the signature, Henry Smith, looks very much like his—the body of the letter is not so distinct as the signature; I think it is like his, I am acquainted with his writing—I should know it, I am well acquainted with it—this letter, purporting to come from Mr. Beaman's son, is the prisoner's writing; there is no question about it—I have a confident belief that that is his.
Prisoner. Q. Are the directions for the journeys for which you employed me, in your hand writing? A. I have given you written directions at different times for journeys—(Looking at some papers produced by Russel, the officer)—this is my writing—I never had any correspondence with Mr. Smith or Mr. Williams—I was not in town on 12th of June, therefore I could not have sent you to Tenterden; I was at Bristol on that day, and had been for a day or so—I did not, on 14th June, give you a letter acknowledging the cheque.
Q. In a letter of yours addressed to me at Salisbury, you say, "a friend of yours, who does not wish his name, under any circumstances, to be mentioned, has left with me, on your account, 1,000l. in good deeds, and I am offered other deeds in addition, with a view of obtaining your release;" will you explain what you have done with that property? A. I never had the property, therefore I cannot give any explanation—I have no recollection of writing such an extraordinary letter as that.
COURT. Q. Did you ever write a letter to him there? A. It is possible I may have written to him at Salisbury, but I think not. I wrote to Dr. Finch, not about property, but endeavouring to get the prisoner released from a Lunatic Asylum, where he was then in confinement, at Salisbury—I thought at that time he was not a lunatic; that was three or four years ago.—(Russell produced the papers found on the prisoner, but no such letter as that referred to was amongst them.)
Prisoner. Q. Have you not received a letter of credit for 1,200 thalers on the bank of Frankfort-on-the-Maine, from a gentleman at Maidstone? A. I received a letter of credit on your account from somebody at Haidstone; I do not know the name now—you asked me one day if I would take possession of a document which you had, as you did not consider it was in safe hands—you told me it was in the hands of the chief of the police of Kent—I said I should have no objection, and a day or two afterwards a letter came, signed by somebody upon stamped official paper, which I took possesion of, and locked up for you—when I read in the paper the account of your apprehension, I believe I spoke to the solicitor about it on the same day, and handed it to the officer.—(Russell stated that this document was in the possesion of the police at Maidstone, where it was the subject of some inquiry.)—I did not say that I was corresponding with a house in New York, with whom papers had been lodged as security, in connection with that letter of credit—I did not say that, in case the 457l. 10s. was paid, I should be able to pay you something on account of the property deposited with me by you—I got you employment, indirectly, through Messrs. Fletcher and Co.—it is wrong to say that Fletcher and Co. have suddenly retired, and are not to be found—one
of the parties is to be found; I allude to Mr. Milsom—he is not also a partner of mine—I am on very intimate terms with him—I am aware that he is a returned convict; I was told that fact somewhere about three years back; I did not know it previously—I have no doubt there is such a person as Mr. Fletcher; I cannot give his address—I know Milsom's address—when I said I induced Fletcher and Co. to give you employment, I meant the partner—they carried on business as civil engineers and surveyors—I never knew Fletcher personally; my acquaintance was with Milsom—they gave you 30s. a week as clerk—I do not know that you resigned your appointment with them in consequence of their fraudulent transactions—you did not resign, you were dismissed—it is not the fact that they absconded and went away; Mr. Milsom is there now—I believe some arrangement was made with you that you should have the offices, and I believe you had them for a week or two, but when you were arrested the partner went back again, and is there now—I cannot form any opinion whether his object is to get you out of the way—I know Mr. Milsom's private address—my own private address is at Burham Terrace, Camberwell—my partner, Mr. Reynold's is abroad, and has been for a month past or more; he is on pleasure—we are house and land surveyors; that is the only business I have—I have not had access to all your papers relating to your case while you were in the Asylum—I knew nothing of the case except what I was told—I did not tell the Lord Mayor that I had known you for fifteen years; that was a newspaper report; I said for years—I first became acquainted with you about four years ago—I have reason to be sure that you have an enmity against me, from what took place at the Mansion House—you were treated with every kindness and consideration by us, and you have made a very bad return for it.
MR. T. SALTER. Q. Do you knew that Milsom was pardoned, and that he returned to this country under that pardon? A. I do; he has since then maintained a respectable position up to this time—it is not true that I have now in my hands any property belonging to the prisoner, and I never had, except that singular document which he asked me to take care of—this letter is a very good imitation of my writing; the paper the prisoner has produced is my writing, this is not—this "as" has been practised upon; I did not see that before; it has evidently been altered—the letter produced from the prisoner's possession, purporting to be signed White and Reynolds, is not my writing; it is a clever imitation of it; there are two or three words in it which are clumsy imitations; it is dated 14th June—I was not at Bristol on the 14th; I was on the 12th.
COURT. Q. When did the prisoner come out of the Lunatic Asylum at Salisbury? A. I do not know the date. I have only known him out since May last, or a short time earlier—since he has been out he has been in full possession of his senses—I have not observed any incapacity of mind about him.
ELLIS JOHN TROUGHTON . I am manager of the Cranbrook branch of the London and County Bank, and live at Cranbrook. I know Mr. Ebenezer Beaman, and have done so fop fifteen years; he has kept an account at our bank for that period—I am acquainted with his signature—this cheque for 1,500l. is not in his writing, nor is the letter which accompanied the cheque in his son's writing—we have no cheques in use now of the form on which this 1,500l. is written; we have ceased to use that form for these ten years—I cannot say whether this 1,500l. cheque came from the same book as these three others; these are not numbered—in 1846, the prisoner had an account at our bank—he had a cheque book, as a customer, and he drew cheques on
the bank; the form he used was similar to this—he ceased to be a customer in 1846—I recollect bis handwriting; I cannot say that the letter signed "Beaman" is the same, or the cheque for 457l.—I have an opinion about it.
Prisoner. Q. Were not similar cheque books given to Mr. Beaman and other customers at that time? A. Yes; all our customers had the same sort of books—the signature to the 1,500l. cheque is something like Mr. Beaman's—Mr. Beaman gave me the letter signed "Henry Smith," because I asked him for it; I thought it might assist in the case—he made no remark about it, except that he knew nothing about it—you were a clerk with me for about six weeks—I never knew anything against you while you were with me—I think, if the bank had believed you guilty of abstracting the notes that have been referred to, they certainly would not have continued to employ you.
MR. T. SALTER. Q. You say, you think the name of "Beaman," on that cheque, is something like Mr. Beaman's signature? A. It is—as a signature to a cheque, it is quite dissimilar; he always signs his name at full length—the character of the writing is something like his; I think it is not his—I would not have paid it, if it had been presented to me; I should not have thought it was his, even from the character of the writing.
WILLIAM WESTON . I keep the Railway Hotel, at Headcorn, which is nine miles from Tenterden; it is the nearest station to Tenterden, on the down line; in coming there from London, you pass Tumbridge. The prisoner came to my house, on Thursday, 10th June; he came by the mid-day train, which arrived at Headcorn at 12.4—he asked if there was a bus to Tenterden; I said, not till about 7 o'clock in the evening—he left my house about 7 o'clock, by that bus, for Tenterden—he gave me a carpet bag to take care of during his absence (it is the carpet bag produced by Rustell)—he returned the following day, between 12 and 1 o'clock.
Prisoner. Q. Did I appear afraid or alarmed, while I was with you? A. Not a bit; you were as familiar and pleasant as I ever saw a gentleman—you did not look like a person running away from justice.
SARAH FOSTER . I am barmaid at the Eight Bells, at Tenterden. The prisoner came to that house, on Thursday night, 10th June—after breakfast, in the morning, he asked me for a pen and ink, and took it into the smoking room—I think it was a quill pen, I am not certain about it; it was black ink—I do not know what he did with the pen; he went in there alone—he was there for five or ten minutes—when he came out, he went in the direction of the bank—he had no blotting paper, that I know of—he had a pocket book; when I went into the room once or twice, I saw the pocket book—I did not notice what he was doing when I went in; he was not writing—I never saw him writing—he returned in about a quarter of an hour or twenty minutes—a gentleman named Collins came into the bar, and said "Good morning" to him, and the prisoner said "Good morning" to Mr. Collins—Mr. Collins said, "I think I know your face, Sir;" the prisoner said, "I do not know that I know you, Sir, but I come from Lincoln's Inn Fields"—the prisoner left the house about ten minutes or a quarter of an hour afterwards; that was the last I saw of him—before leaving, he asked at what time the market commenced; I told him, and he said he should return by the afternoon market—his bag was left at our place until Russell had it.
Prisoner. Q. When people settle their accounts at inns, do they generally return? A. Sometimes they do, and sometimes not; we thought you would return, as you left your carpet bag—you seemed confused when Mr. Collins
said he thought he knew you—I am quite sure you said you should return to our house in the afternoon.
WILLIAM TIMMS . I am head porter at the Queen's Hotel, St. Martin's-le-grand; it was formerly the Bull and Mouth. There is no other Bull and Mouth in London, that I know of—it is my duty to take the names of all the persons that come to the house—we had no such name as Henry Smith entered on our books, as stopping at the house, on 9th, 10th, or 11th of June
Prisoner. Q. Are the names of all the persons who come to your hotel entered in a book? A. Yes; all that come with any luggage we always ask their names, as a general rule; if any person left directions with us to receive letters for them, it would be done, without their names being entered.
The prisoner read a long defence, in which he stated that he received the cheque for 457l. 10s. from Mr. White, on llth June, and by hit directions went to Tenterden, and presented it; that on his return, Mr. While was from home, but on seeing him on the 14th, and letting him know payment was refused, he treated it very lightly, and told him not to be uneasy; but that on refusing to leave the office, without satisfying his mind on the subject, Mr. White handed him the letter signed "Henry Smith," professing to explain it; still not feeling satisfied, Mr. White assured him, that Williams was an agent of his, and he then wrote a copy of the letter, requesting payment of the 457l. 10s., which he gave to his wife to keep; he further stated that he could have no motive for committing the offence, whereas Mr. White had every motive for getting rid of him, that he might retain possession of his property, and prevent his giving any account of the fraudulent proceedings of their firm. The prisoner handed in various papers to the Jury, some in his own, and some in Mr. White's writing, and requested them to compare them with the documents produced. NICHOLAS WHITE re-examined. Some of these are my writing—I had no account at the London and County Bank in 1843, and never had—I did not know Mr. Beaman; I never saw him until we met at the prisoner's house. (At the request of the Jury, the witness made a copy of one of the letters produced.)
Cross-examined. Q. How came you not to come here as a witness in the first instance? A. I was not summoned; I had no other reason—I know nothing about a Mr. Henry Smith, or Mr. Williams.
GUILTY.—Strongly recommended to mercy by the Jury, believing him to be the dupe of others. — Ten Years Penal Servitude.
(Russell, the officer, stated that the prisoner had been previously convicted of forgery upon the London and County Bank, and sentenced to be transported for life.)
Before Mr. Justice Williams and the First Jury.
MR. M. J. O'CONNELL conducted the Prosecution.
EMANUEL ELLERBECK . I am a carpenter, and live at Alfred Place, Ball's Pond. The prisoner is my wife—she has left me on several occasions, and I have taken her back again—once she was away for four years—she left me last at Easter—I did not turn her out; she went out saying she should not
be gone above an hour and a half, and I did not see her again for three days—I then found, that while I was out she had been and taken some of the things away, and got herself a room—she came back on the Monday following, and wanted to return home, but I said I would not receive her any more—she has been living separate from me ever since Easter—on the evening of 15th June, when I came home, I found my room door locked—I broke it open, and found her inside, sitting on the floor—I said, "What are you doing here?" she said, "I am your wife, and where you are, I will be"—I told her she should not, and if she would not go out, I would carry her out—I took hold of her by the shoulders and under her legs, and carried her down as far as the first landing—I then dropped her legs, because she was punching me in the face, and pulling my hair—I then took hold of her by the two shoulders, and held her before me down the stairs, holding her, not letting her go—I made her go down before me—when I got within four steps of the bottom, I found that she was falling forward, and, to prevent her from hurting herself, I tried to recover her, and overbalanced myself, and went over into the passage, and she on the top of me—I found that I had broken my arm—I can recollect her being on the top of me, punching away at me with something, but I was nearly stunned, and do not recollect much else, only calling out "Murder!"—I was partly insensible—when I came to my senses, I was lying in the passage where I fell—I put my hand to the back of my head, and found it covered with blood—I was taken to the German Hospital, Dalston, and have been there up to last Tuesday.
Prisoner. All he says is false; when I fell I lost my senses; I had no knife. Witness. I did not see her with any knife myself—there was no one but her near enough to do it.
JAMES HOWE . I am landlord of No. 11, Alfred's Place, Ball's Pond, where Ellerbeck was living. I am employed where he is, and came home with him on the evening of 15th June—my wife told him that his wife was up stairs—he went up, and I and my wife followed him—the door was locked—he broke it open, and the prisoner was sitting on the floor—he asked what she did there—she said, where her husband was there she had a right to be—he said, "If you don't go quietly, I shall carry you down"—he took her up in his arms, and carried her down one flight; he then let go of her legs, and they got within three or four stairs of the bottom, when he fell over her—he said, "Oh, my God! Howe, I have broken my arm; I am done"—the next moment my wife said, "She has got a knife," and she took hold of her left hand, and the back of her hair, and I took the knife from her right hand—she said, if it was twenty years hence she would do for him; she did not care if she went to the gallows for him.
Prisoner. He tells the story just the same as my husband; they are great friends, and drink together. Witness. I have known him in the neighbourhood for about twelve years—he was not drunk; she had had a little, but she perfectly knew what she was about—his manner was not at all aggravating to her, he said he did not wish to hurt a hair of her head, if she would go quietly.
ANN HOWE . I am the wife of last witness. On 15th June, the prisoner came to the house, about 10 o'clock—she went up to her husband's room; I went up, and told her to go out—she said, she should not go out, it was her husband's room—when he came home, I went up with him with a candle—she had locked herself in—he broke the door open, aud carried herdown stairs; I was behind them—I saw him fall, and, after he fell, I saw her stab him with a knife, while he was on the ground; she cut him behind the ear, across the
neck, and across the cheek and eye—the fourth time she went, I caught hold of the hair of her head, and held her down; she was going to stab him in the breast—she said she would be the death of him; she did not care if she went to the gallows.
Prisoner. I had no knife, and that she knows; I never lifted my hand to him the sixteen years we have been married. Witness. The policeman has the knife—she did not seem to be in liquor; I think she was quite aware of what she was doing.
Prisoner. I had no knife; it must have been put there, and put into the policeman's hands; my husband does not know what to swear to get rid of me; he has promised me 5s. a week if I would leave him; I have four children, and he has four children by another woman; I was starving about for days before this, and he would not give me a penny; he has used me very ill, I am covered with bruises from him, and he broke my right wrist about nine months ago.
JAMES HOWE re-examined. She had no knife in her hand till she got on the stairs; she must have taken it from her dress—it is her own knife, a shoemaker's knife; she works at shoe making—Ellerbeck had only lodged in my house a week.
GUILTY of Unlawfully Wounding. — Confined Eighteen Months.
NEW COURT.—Wednesday, July 7th, 1858.
PRESENT—Mr. Ald. FINNIS; Mr. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY — Confined Twelve Months.
706. JAMES BLAGG (21) was indicted for stealing 3 bags, 1 box, and 1 lock, value 13s.; 12 orders for the payment of 40l. 2s. 6d., and 311l. 7s. 8d., in money, the property of the Great Northern Railway Company, his masters.
MESSRS. BODKIN and GIFFARD conducted the Prosecution.
JOHN MARTIN (Police sergeant, S 20). I was on duty in Pratt Street station, on the night of 24th May—I remember Mrs. Rayment coming, and bringing with her this box, and a key that would open it; it contains 1l. 17s. 8d. in silver money, and some cheques of the Great Northern Railway.
HANNAH RAYMENT . I am the wife of William Rayment, of No. 17, Stanmore Street, St. Pancras. My son George came home on Monday night, 24th May, from ten minutes to a quarter past 10 o'clock; he brought with him this cash box—I did not think it of any value at first; I afterwards
found a key that would open it; I found what it contained, and took it to the police station.
Cross-examined by MR. RIBTON. Q. How far is it from your house to the King's Cross station? A. About five minutes' walk—it was from 10 to a quarter past 10 o'clock when my son came home; that is his usual time for coming home—I am quite sure it was that time; I had a clock in my kitchen, and I noticed the time from my clock—I had no particular reason for looking at it; I do not always look at it; I looked because he brought the cash box—I thought at first it was his mistress's, and that he would have to go out again—he said that he found it; I said that it was of no value—I shook it, and thought it was stones—I afterwards found a key of it on my bunch—I felt uneasy, and took it to the station; it was then a good bit after 11 o'clock—I did not feel uneasy at first; I thought it was of no value; I thought it might have been thrown into the street.
GEORGE RAYMENT . I am the son of the last witness. I am an errand boy—I went home to my mother's, on the night of 24th May, with this cash box—I picked it up between No. 12 and No. 14, Stanmore Street, where I live; it was lying in the gutter—I gave it to my mother; I afterwards went with her to the police station.
HENRY EDWARDS , (Police sergeant, S 21). On the morning of 25th May, I went to the station in Pratt Street, between 1 and 2 o'clock; I saw this cash box there, and, in consequence of what Martin said, I went to Mrs. Rayment, and got a key from her; I opened the box, and found what was in it; I found a cheque in it, and went to the King's Cross station; I went with a sergeant of the railway to the coal office; I examined the doors; both the doors were fast; the sergeant called up Bryant; he came and opened the outer door of the coal office with a key that was in the lodge—there was no appearance whatever of violence about the door—I went up stairs; I found there an iron safe, with the doors wide open; a large cash box was in it—after that Bryant left, and came back with the prisoner, who said that the lock must have been picked—I observed that it was one of Chubb's locks, and it was not very easy to pick them—I asked the prisoner what was gone, and he named a quantity of gold and silver, and some notes, and a cash box; he did name the sum, but I did not put it down at the moment; it was 239l., I think, in gold, about 40l. in notes, and about 30l. in silver; he said it was in the safe; he said the gold and silver was in bags, and there was some money in a cash box—there was a cash box in the safe, which was a great deal larger than this one which was found—this is the one that was left in the safe (produced;) this was locked—I examined the window of the coal office; I did not find any trace whatever of any person having come in at the window—I found a good many more papers on the desk by the windows; they appeared as if nothing had been disturbed—it had been a very boisterous night, but it was not then so windy as it had been—some of those papers were near the windows; there was nothing at all on them to keep them from being blown about—I mentioned that I thought it must be done by daylight, and the prisoner said that could not have been, for he did not leave till half past 9 o'clock—he produced the key of the safe; he tried the key himself; it locked and unlocked it very easily; there was no appearance whatever of the lock having been tampered with—he produced the key from his pocket.
Cross-examined. Q. Did you see Bryant open the outer door with the key? A. Yes; it was a large key—it was a first floor room; there were three or four windows in it—I looked out at the windows; one side looks on
the canal, and the other on the company's premises—I should think the height of the back windows must be about sixteen feet, and the front about twelve feet—this large cash box was found in the safe; I did not notice whether there were any other boxes in the safe; there were books—the prisoner came in at the time.
MR. GIFFARD. Q. How far is that office from the lodge? A. Fifteen or twenty yards—no person could get in without passing the lodge.
GEORGE BRYANT . I am the messenger in the coal department of the railway. I live at a cottage next to the coal office—the premises are entered by large folding gates, from St. Pancras Road—I have a lodge, in which I am night and day—the large folding gates are closed at night, about 9 o'clock—if any one came after that, the policeman at the lodge would answer—the policeman is not at my lodge; he has a box to himself; he is there all night—there is not a small gate; persons come in at the great gates—I remember the night of this robbery, 24th May—I was in my lodge that night—I was in bed when this took place; I went to bed about half past 9 o'clock—the name of the policeman on duty is Allistone; he had not come; the other policeman, Cox, who is relieved by Allistone, had not left when I went to bed—they usually change at 6 o'clock, but there was an excursion that day—on the monring of the 25th, I was called by Sergeant Edwards, about 3 o'clock; I saw Allistone there—I procured the key of the coal office from Allistone's box; that is where it is usually kept—it was the habit of the prisoner, when he left, to hang up that key in that box—having obtained it, I went to the door of the coal office, and opened it with the key; it opened the lock readily in the usual way—I went up stairs with the policeman, and found the safe open, and robbed—I went and called the prisoner; he lodged with me; he was in bed—I told him what had occurred, and he came down to try hit key.
Cross-examined. Q. How long did the prisoner lodge with you? A. He lodged and boarded with me about three years and a half; he paid 14s. a week; my house is close to the folding gates—there is another entrance to the premises at Maiden Lane; that is a long distance from our place—there is a porter stationed there, and a police lodge at that gate—supposing you were in the premises, near the coal place, there is a communication between that and the other gate in Maiden Lane—a person might come in at the Maiden Lane gate, and go out the same way—that gate may be from four to five hundred yards from the coal office; there are windows on the ground floor of the coal office; they open to the canal, and, on the other side, they open on the road inside the premises, for the service of the company.
COURT. Q. Can any one get from the canal to the footpath between the canal and the windows? A. Yes; but there is a policeman there night and day.
MR. RIBTON. Q. How many windows are there on the ground floor? A. Five in the lower office—there are four windows in the room where the safe is, two of them towards the premises, and two towards the canal—when you are in the office, you go up stairs to the room where the safe is, and where the cash box was—there is a door to the staircase from the coal office, but that door was not kept locked—it was exactly 3 o'clock when I got up—the prisoner sleeps in the next room to me—I went out first, and then I came back for him—I begged him to get up—when I came back the second time he was dressing—I believe he came out in his shirt sleeves—I did not hear him make the first exclamation that somebody must have picked the lock—I left him talking with the policeman.
MR. BODKIN. Q. You say there is an entrance from Maiden Lane into
the Company's premises, is that on the other side of the main line of the railway? A. Yes; it is closed by gates, in the centre of which is a box, which the policeman is in. The windows of the coal office, next the Company's premises, are low; you might reach them with your hand—next the towing path, I should think, they are fourteen or fifteen feet.
MICHAEL ALLISTONE . I am a constable at the Great Northern Railway, No. 51. On the night of 24th May, I was on duty at those gates—I recollect the prisoner coming to me with the key of the outer door of the coal office, about 25 minutes before 10 o'clock—I hung the key upon a nail inside the gate house, in my lodge—when the prisoner brought the key, I said, "All right, Mr. Blagg?" he said, "Yes;" I said, "All in?" he said, "Yes;" upon that he went into Bryant's house—he came out again a little before 10 o'clock—he had altered his dress; he had a large overcoat on when he came out, very large and very loose—I believe this is the coat—(looking at one)—it was raining very hard, and I said, "It is a wet night, Mr. Blagg; not much of a night for walking;" he said, "No, but I must go"—he went out of the coal gates, and down the tram-road—as soon as he was gone, I examined the premises, and all was safe—I examined the door of the coal office, it was all safe—the prisoner came back that night between 12 and 1 o'clock.
Cross-examined. I believe the windows, both on the upper floor and the ground floor, are always left unfastened—I am not aware, I have been on duty there going on for five years—what I have described as having happened that night, has happened on other nights—the prisoner was in the habit of going out after his dinner and returning.
ALFRED DAVIS . I live at No. 3, Adam and Eve Place, St. Pancras Road. I am a house painter—on the morning of 25th May, at a little after 5 o'clock, I found a canvas bag, containing silver, near my door—the bag was very wet—I took it to my master; he tied it up and sealed it—there was 29l. 17s. 6d. in it—my place is about ten minutes' walk from the coal office; a very short distance from Stanmore Street.
Cross-examined. Q. Do you know the Maiden Lane gate? A. Yes; it is about ten minutes' walk from where I found this bag, which is about two minutes' walk from Stamford Street—the main road, the Pancras Road, would take you from the Maiden Lane gate to where this bag was—I live in Adam and Eve Place, which leads from St. Pancras Road, by the Adam and Eve tavern—this bag was lying close by the Adam and Eve wall, not four yards from the road—Pratt Street leads out of the St. Pancras Road, and Stanmore Street crosses Pratt Street—supposing a person goes from St. Pancras Road to Pratt Street, and from there to Stanmore Street, they can get round from there to the Adam and Eve, without going into Pratt Street again.
MR. BODKIN. Q. The gate that you know leads into Maiden Lane? A. Yes, there is a gate leading to the coal department—I do not exactly know he name of the road that it comes into; I believe it is York Street—to go from my house to Maiden Lane, I should go along St. Pancras Road; I do not know any other way—I believe there is a turning before you come to king's Cross; I have never been there.
LIONEL SELF . I live at No. 22, Charrington Street, Somers Town. No. 26, is the corner house—on the morning of 25th May, about half past 8 o'clock, I went into my garden, that is divided from Pratt Street by a wall—a person in Pratt Street could throw anything into my garden—I found a hag there; I believe this is it (produced)—it was cut open, and was very wet—it had been raining during the night.
Cross-examined. Q. Do you know the entrance to the station? A. Yes,
both of them; one is from St. Pancras Road, and the other from Maiden Lane—to go round from one to the other, without going through the Company's premises, would take about twenty minutes or a quarter of an hour—Maiden Lane gate opens into Maiden Lane, which comes down to King's Cross, and leads to the Cattle Market—it does not run parallel with the St. Pancras Road—there is the width of the station between them—if I come out of Maiden Lane gate, it would take me about a quarter of an hour to get to St. Pancras Road—I am in St. Pancras Road, as I am past the King's Cross station—I live at No. 22, Charrington Street—my brother's is No. 26, the corner house—the bag was at No. 26—Pratt Street is the only place it could have been thrown from; it is a few yards from the main road.
MR. BODKIN. Q. Supposing a person came out of Maiden Lane gate, might they turn to go to the Cattle Market, or turn the other way to King's Cross? A. Yes; and going up the St. Pancras Road you would go back again, round the station.
WILLIAM SMITH BETTS . I am a clerk in the office of the Great Northern Railway Company. On the morning of the 25th, between 9 and 10 o'clock, the prisoner made a statement, before the general manager, of where he had been on the night of the robbery—I made some rongh notes of what passed—he said that he left that night about half-past 9 o'clock, rather earlier than usual, and placed the cash in the safe—this bag was shown him, and he said that it was the bag in which the money was put—he said that he left the premises about 10 o'clock or a few minutes before 10 o'clock, and went to see his doctor, Mr. Taylor, in the New Road; he could not tell the number, but it was between Mabledon Place and St. Pancras Church; that he was at home, and he saw him at a quarter past 10 o'clock; that he afterwards went to Burton Crescent to see some friends, whom he named, at a public house, not by appointment, he usually went there—he said that, on leaving the coal station, he went down Wharf Road, Brewer Street, and Skinner Street, into the New Road; that he was last in the office, and placed the last cash in the safe at half-past 9 o'clock, and then turned the gas off; that he carried the cash up himself from his drawers, and locked the safe; that the cash was in the leather bag produced—he produced the key of the leather bag and unlocked it; he said "This key is always attached to this bunch," which he produced—he said he always carried the keys with him as they were important he said he was positive he locked the safe, because there are two distinct operations in locking it—and that he had tried the door afterwards, and that he could not account for the door being unlocked—he said, "It looks very serious against me."
Cross-examined. Q. He told you the name of his doctor? A. Yes; Dr. Taylor—it was on the 25th the prisoner stated this—I did not question him; Mr. Seymour Clark did—I do not know whether that was after the money had been found in his box—I know the position of the coal office, but not the position of the safe—I have been in the coal office on the ground floor—I do not know of more than one room on the lower floor, that is the room in which they receive orders—I should say there are five or six clerks there.
RICHARD WILLIAMS . I am inspector of police on the Great Northern Railway. On 25th May, about 11 o'clock, I searched the prisoner's apartment at Coal Office Cottage—he was present, and it was done by his permission—I found this great coat behind the door in the bedroom—I said, "Is this the coat you wore last night;" he said "Yes"—the coat was wet, and there was wet mud on one of the arms—I found a trunk there; the prisoner said "You will find gold in that trunk;" I said "How much;" he said he did not know—I said "I would rather you would name the amount"—he took
up this pocket book, looked at some figures, and said, "If you reckon this up, you will find it makes fifty-eight"—I did so and the figures made 58l.—I said, "What money is this?" he said, "It is my savings"—I found this money in this bag (produced;) this is the same sort of bag as those used in the coal office—this is the pocket book; it was not in the trunk, it was on the table—after searching the trunk, I searched the prisoner, I found on him a purse, containing 1l. 7s. 6d.; I gave him that back again—I asked if the coat he was then wearing was the coat he had on the night before; he said that it was—it had large pockets in it—I had the bag in my hand containing the gold, I said to him, "Is this all the money you have;" he said, "Yes"—he handed me a bunch of keys, and the key of the safe was on that bunch—on 6th June, I went to the Carpenters' Arms public house—the prisoner was in the parlour there—he was beckoned out, and he came out—Mr. Thomas Williams said something to him—I said, "I believe Mr. Blagg, we have you all right now;" he said, "Perhaps you have"—I searched him in the street, and everything I found in bis pockets I handed to Mr. Thomas Williams—I said to the prisoner, "Where is your purse?" he said, "You have it"—I said, "Are there any notes in it?" he said, "No, there are no notes"—Mr. Thomas Williams said, "Where are the notes you had from the Bank of England to-day?" he said, "I was not there"—I took him to the station, and saw the money counted; there was 73l. 10s. in gold—there were two rings found one on his finger and one in his pocket—they were shown to Broad and Stevens.
Cross-examined. Q. Is the coat which you asked him if he had worn the night before here? A. He has it on; it is a short coat with rather large pockets at the side six or eight inches across.
HENRY SMITH . I live in Herbert Street, Hoxton; I am foreman to Messrs. Chubbs, locksmiths. On 26th May, I examined a safe, on the first floor of the office of the coal department of the Great Northern Railway—I took the lock off the safe—it was a lock of our firm's—there was not the least appearance of there having been any tampering with it—this is the key of the lock; I tried the lock with this key before taking it off; it went perfectly easy—I then took the lock off; there was dust in it, and nothing but the mark of the radiation of the key; there was no other scratch or mark of any kind—if that lock had been opened, it must have been by one of the real keys, or by a fac simile key.
JURY. Q. Might a fac simile key be made from this key? A. Yes, if a man were a clever workman.
Cross-examined. Q. Might one be made from an impression of it? A. No, I defy the best workmen in London to make a key from that impression—I recollect the circumstance of the South Eastern gold dust robbery, but those locks were only what we call tumbler locks; this is a detector lock—those were common working locks, made to stand all sorts of work—in that case, the key that opened the lock was made from an impression, but they were different locks to this—I do not think a key of this lock could be made from an impression—go to the best workman, and give him the best impression that you can possibly take, and I do not think he could make a key that would open it—I do not say that it is absolutely impossible—the cuts in the tumblers of the lock are made so minute, that the impression in wax would not do; if one tumbler is risen up, there is not room for a sheet of writing paper; a gentleman tried it by tying a hair round it, and the key would not pass the lock—we have very frequently to make keys, but we never undertake to make a key that will pass; if it does not pass, we say we will do it again; sometimes
we are obliged to have the lock sent to us—we have tried to make keys from impressions; we frequently have impressions sent by post from different parts of the country; we have tried to make them, and they have almost invariably failed—we have succeeded—I do not say it is impossible to make one—I could not quote a single instance in which we have succeeded, but I believe we have done so—I have been foreman about ten years—I cannot form any idea of the number of times, because it is so rare.
MR. BODKIN. Q. Do you make locks of different descriptions? A. Yes, those on the South Eastern Railway were very common locks—I remember that the parties there made several attempts to fit the lock; Agar went backwards and forwards seven times about them—we have never tried to make a key from an impression for a lock of the kind we are now speaking of—we have for latch keys and other things, but never for one of this sort, there is so much more work in them.
HENRY FURBER . I was fellow clerk with the prisoner in the coal office. It was the prisoner's duty to receive money from the carmen—the entries in the book, on 24th May, are some of them mine, and some are the prisoner's writing—it was the prisoner's duty, to put the money received in the day into the safe, and lock it up for the night, and he bad to hand it over the next morning to Mr. Miller—here is a cheque book, in his writing, of notes and cheques, eight bank notes, for 5l. each, and seven cheques, amounting to 28l. 14s. 6d.—there is a cash note book, in which it was his duty to have entered the whole of the 338l. 4s. 6d.; he has omitted that entry on 24th May—there was 40l. notes, 30l. 10s. in silver, 28s. 14s. 6d. in cheques, and 239l. in gold.
Cross-examined. Q. Is that book in his own writing? A. Yes; sometimes entries are made the next day—it is not the rule—here is no entry on the 23d, that was Sunday—on the 22d here is an entry, in the prisoner's handwriting—it sometimes happened that these entries were not made till the next morning; that will account for there being no entry on the 24th—I am a clerk in the coal department—there are about seven clerks—the coal office has five windows on the ground floor, and six on the first floor—there are two offices on the ground floor—I think this Court would make four of the sized rooms that I am in—there is a kind of counter all round the office, and desks on it; there is an open space between the walls of the office and the counter—the clerks are behind the counter, and in front of it the carmen come in—under the counter, I believe, is chiefly dust—I do not think there are any bales or boxes; there may be a little parcel—the other office is the order office, where they take private orders—there are about seven clerks there—there is a counter there, and desks, and under that counter there is different kinds of stationery, done up in reams, on the shelf, under the counter—the shelf is a foot and a half above the floor, I dare say—I have been in the room where the safe is, on business—I have done the work, and received money, when the prisoner has been absent—I have put the money in the safe when the prisoner has been away for his holiday—his last holiday was at Easter I think; he went on Thursday, I think, and returned on Monday—I had the key of the safe the whole of that time—I carried it about with me—I live in Clayton Place, Caledonian Road—I had to put the cash in the safe every night, and I took the key home with me—we did no work on Good Friday—I had the key at home all Sunday—I do not recollect that I have done the same thing for the prisoner when he has been there—I know Mr. Miller—I have nothing to do with him—I believe I am the only
clerk who has received money for the prisoner and gone to the safe—I have not seen that key lying about in the room, nor the bunch of keys.
MR. BODKIN. Q. When the prisoner returned, did you tell him what money you had received? A. There was the entry in my writing in the book—I took the key home with me; I did not make any fac simile from it.
HENRY PALMER . I am collector of accounts, at the Great Northern Railway. This large cash box produced was under my care; I have the key of it; it was in the safe on the night of the robbery, 24th May—it contained no cash, but some stamps and papers; I found it as I left it.
Cross-examined. Q. Was it entirely under your control? A. I had the key of it—I had not the key of the safe; I went there only when the doors were open—when I collected the accounts, I put the money in this box at night, and in the morning I got the money out—that was eighteen months ago; since then, I have had no money kept in it; I only went to this when I wanted stamps.
MR. BODKIN. Q. Would the prisoner know that you did not keep money in that? A. I should think every clerk in the building would know.
WILLIAM SIMPSON . I am clerk to Mr. Wiggins. On 16th April, the prisoner applied to him for the loan of 23l.; Mr. Wiggins gave him a cheque for it—this is it; here is the prisoner's endorsement on it—the prisoner paid the money back to me the next day.
JOSEPH HIRD . I am a clerk in the office of the Great Northern Railway. It was my duty to receive money from the coal dealers; most of them pay ready money—they begin to come about 6 o'clock in the morning; the prisoner came about half past 8 o'clock—on the morning of 24th May, he asked me to lend him 20l.; he bronght me an I O U for it—the carmen begin to come from 8 to 9 o'clock—I received the money from the coal dealers, and the prisoner from the carmen—the prisoner returned me that 20l. about half past 10 o'clock that morning; I gave him back his I O U.
Cross-examined. Q. Has he borrowed money from you before? A. Yes, on several occasions—I have never borrowed from him—the prisoner paid his money to Mr. Miller; I do not know at what time.
MR. GIFFARD. Q. Between 16th April and 24th May, has the prisoner borrowed money of you? A. Yes, several times; he borrowed in the morning, and returned it later in the day.
JAMES JOHN MILLER . I am cashier of the coal department of the Great Northern Railway. There is an iron safe kept in the upper room, of which I had one key—it is my duty to receive cash from the different counter clerks, and pay it over to the railway company—I had this small cash box (produced) up to 5 o'clock, on 24th May; I then locked it up in the safe, and left some ten minutes afterwards—at the time I left, the safe was locked up, and this cash box was in it; I left the prisoner in the office—I did not return till 9 o'clock the following morning—it was the prisoner's duty to pay every day the money, notes, and cash, he received the day before—on 16th April, as appears by this book, he paid in 49l. 4s.; that was the receipts of the previous day—it was his duty to enter in the note and cheque book such part as consisted of notes and cheques—there are two cheques entered on that day, one for 4l. 8s., and one for 4l. 12s., but there is no entry of cash, 23l., by Wiggins—I know, on 16th April, I paid in cheques to the amount of 32l.; one of these cheques is 4l. 8s., the other is 4l. 12s.; that leaves a balance of 23l., and this being dated 16th April, it was paid in on that day—when a cheque is paid in by me, it is marked by a stamp; this cheque is
so marked—there was a cheque for 23l. paid in that day, and I have every reason to believe this is the one—the entry is 32l. on cheques, on 15th April, in the prisoner's writing; and in the book I keep, here is an entry of two cheques, 9l.—the prisoner's salary was 99l. a year; he was paid fortnightly—I paid him on 14th May.
Cross-examined. Q. How long was he in the Company's service? A. About five years—I have not borrowed money of him on my own account—for the purposes of the Company I have borrowed different amounts at different times, occasionally, as much as 20l.; I think never more. I have not given him an I O U—I requested him in writing, to pay a certain sum out of his receipts, and he retained that till I paid him again—I paid him in cash, when I got a cheque from the Company cashed—he has never borrowed of me—I paid him after an interval of two or three days, or it might be five days, two days, generally. The money he lent was out of the Company's money, he has made the deficiency up out of his next day's cash.
Q. Supposing he had 200l. to pay in, and that 200l. was short by the 20l. he had lent you, he would have only 180l., and he would have to take 20l. from the present day's receipts, to make the 200l. he had received the day before. A. Yes. It is a circuitous road, it is the practice of the office—if he had 200l. to pay in, he could not pay in that order of mine to the company, they would not keep that as my order, they must have cash—I sometimes have borrowed of him every week, and sometimes not for a month—this has been done ever since the office has been open, it was known to the officials of the Company—I cannot say that it was known to the directors, it is not my business to make those inquiries—I imagine the persons under whom I act, know it; the person who was in the berth before me, did the same thing—I do not get a cheque from the Company for the exact amount I paid him—I send in an account for petty cash—I should send in an account of what I had expended; as soon as I had received the cheque, I should have to pay 20l. to the prisoner, but, the account would not contain a statement of my being indebted to the prisoner, 20l. only my own disbursement.
Q. Do you happen to know that at the time you have required a sum of him, he has been obliged to borrow it, or a portion of it? A. It is quite possible he might do so; I do not know that a portion of this 23l. was required to make up what I had borrowed—there is only one clerk over me, Mr. Palmer, he never borrows, he superintends the whole of the office—I think he knew that I got money from the prisoner—I do not know whether Mr. Clark knew it.
Mr. GIFFARD. Q. Was this borrowing system done in secret? A. No. I never borrowed except by directions in writing, and these directions would be in the prisoner's possession till he settled with me the next time. It is possible that he may have been unable to balance his account, by reason of his lending me these sums, if the carmen had not arrived in sufficient time—I would not take that written statement as money, I should have the money—he kept the written statements in his possession till I paid him the money—he would then return them to me and I tear them up.
Mr. RIBTON. Q. Have you not found fault with the prisoner for borrowing of Wiggins? A. On that occasion he met me, and he said, "Blagg has borrowed a cheque for 23l.," I said, "You had better look after your cheque, it has nothing to do with the Company;" I went to the prisoner and I said, "Blagg, Mr. Wiggins tells me you have borrowed a cheque for 23l."—he said, "That is entirely a private affair."
JURY. Q. Was it an occasional thing your borrowing money, or
systematic? A. It was done sometimes every week, and sometimes not for a month.
SUSAN BRYANT . I am the wife of George Bryant, the messenger of the railway. The prisoner lodged and boarded with us—he owed us some money—he borrowed 4l. of us in November—I did not lend him any more at that time—he paid me 30s. in April, but that was some other money—he owed us 4l. 6s., which he paid on 3d June—he paid me four sovereigns and a half in gold, and I gave him 4s. change—his room is on the second floor from the ground—I live in the kitchen—a person could go in and out without coming into the kitchen.
Cross-examined. Q. Was he in the habit of letting the account run for a month? A. Yes, sometimes; he has paid me as much as 2l. on many occasions—I really cannot tell whether he had paid me 4l. before; he has paid me many instalments—I cannot call to mind the amount.
JOSIAH THOROGOOD . I am in the employ of the Great Northern Railway. In consequence of directions, I began a watch upon the prisoner—on 28th May I saw him at the Coal Office Cottage—he went from there to the Norfolk Arms, Leigh Street, Judd Street—I saw him speak to a man behind the bar—when he left there, he went to a hosier's shop, No. 36, King William Street, in the city—I saw him speak to a man named Newland—I followed him from there to the railway station, London Bridge—he took a first class return ticket for the Crystal Palace; I believe it was a half guinea day—I got near to him, and could see what was in his porte monnaie—there was a quantity of gold; he paid for the ticket in gold—On Sunday, 30th May, I traced him to Tottenham, by the railway; he went to Walthamstow—in coming back he was in company with a young woman, who afterwards gave up a ring—they went opposite the Mansion House, and got in an omnibus and rode to the Royal Oak, at Bayswater, and went to Kensal Green, into a private house opposite the Cemetery—on 3d June I traced him to Ascot races—he went from the Waterloo railway station—he paid for his fare with two half sovereigns—I went by the same train, but not in the same carriage—I traced him in to the refreshment place, and to the entrance to the Grand Stand; he paid a half sovereign for his admission there—I watched him from time to time—I saw him enter the betting ring; I did not see any betting book in his hand—I afterwards traced him back to London—on 5th June, I followed him to the Carpenters' Arms, in Burton Street—I traced him to Topple's, the tailor's, and then to Levy's, in Euston Road—he came back again from there, with Mr. Levy, who was carrying a large portmanteau—they went to Coal Office Cottage—the prisoner went from there to Kirton's coffee house, Battle Bridge—he went from there to the Bank of England, in a Hansom cab—I traced him into one of the offices of the Bank, where they give notes for gold—I saw him in conversation with Mr. Sykes—I saw him produce some gold; to the best of my belief, I thought there was about 100l.—after some conversation with Mr. Sykes, the prisoner went away; I was speaking to Mr. Dalton—I then followed the prisoner to Mr. Stevens, a jeweller's, in Bishopsgate Street—after that I traced him to the Carpenters' Arms, in Burton Street—he was beckoned out from there, and was asked, what he had done with the notes he had got from the Bank of England that day—he said, "I have not been to the Bank of England to day—I have not had any notes to day."
Cross-examined. Q. You watched him pretty closely? A. Yes, I had directions—he was living with Mr. Bryant—he was suspended from his duty—I
was first commissioned to watch on the 27th—on that day, he came out of the cottage, and went into the post office—he came out, and went and posted a letter—he then went to a book shop in Tottenham Court Road; he came out in about five minutes, and went into a public house, near Hampstead Road, and then into a tobacconist's shop, in the New Road—he went into the Regent's Park, and sat down on one of the seats, smoking a pipe, and reading a book—from there I traced him to the Zoological Gardens—he got back to the railway about 6 o'clock in the evening—he came out about 8 o'clock—he first went to a public house—he was out till a quarter past 1 o'clock—I was not following him the whole time; I missed him near a court, where I have since ascertained there are bad houses—on the 28th, he went to the Norfolk Arms—after that he went to the Crystal Palace: I did not follow him down there—I thought it prudent to wait till he came back, as I knew he took a return ticket—there were not a great many persons just at the time that he was at the window; there was no one but me and him—I saw him take his purse out; to the best of my belief there was 20l. in it—there might have been some half sovereigns—it was a leather purse, with an elastic band round it—on Saturday, the 29th, I did not watch him—on Sunday night, I watched him to Kensal Green; I watched the house all night—on Monday I saw him come out of the house at Kensal Green, about 12 o'clock in the day—he went into a public house, and had a bottle of Scotch ale—I asked the publican, and he said he had a bottle of Scotch ale, and borrowed a corkscrew—on the Tuesday I did not see him—on Wednesday I tried, but I believe he got out of his lodging before I got there—on the Thursday, I followed him to Ascot—he got into a first class carriage, I got into a second—I cannot undertake to say whether that was the grand day at Ascot—I did not see him in the Grand Stand, I saw him in the betting room—I saw him go in there—there were many there, I could not follow him the whole time—he went into the ring about 1 o'clock, and came out between 5 and 6 o'clock; he was four hours in the betting ring—I did not get a card of the races, I picked one up—I cannot remember how many races there were that day—I stood at the corner of the ring all the time—I came home with him.
CHARLES BANYARD . I am barman at the Norfolk Arms. I cannot say that I have seen the prisoner at our house—I remember the Thursday or Friday of Ascot races—I remember a person speaking to me about changing some gold for notes; it was some time after that, that the last witness came; it might be a fortnight after—I am not able to say that the prisoner produced any gold—I believe I have seen the gentleman in our house more than once; I cannot say how many times—I am still barman there—I remember attending the Police Court when this matter was inquired into—I saw the prisoner in the passage before I went before the Magistrate; I could not say whether he was the person who came to our house on the Thursday or Friday of the races—I saw a gentleman in the house—Thorogood came to our house on the morning of Hampton races, but I was out.
WILLIAM BROAD . I am shopman to Messrs. Cordings, jewellers, No. 232, Strand. I remember, on 2d June, these two rings being purchased (produced), I know it by the book; the prisoner purchased them—the price of one was two guineas, and the other five guineas, I think he paid me in gold—my attention was called to it fourteen or fifteen days afterwards—this is the memorandum I made at the time of the sale.
Cross-examined. Q. Were these entries all made at the same time? A. They were all made that day, but not all at the same time; it might have been the same afternoon—I do not think there was any one else in the shop
when these were purchased; I had never seen the prisoner before—it was between 5 and 6 o'clock—there was no one with him—it was on Wednesday.
Mr. BODKIN. Q. Are you clear that these are the rings? A. Yes; I remember being examined before the Magistrate—I cannot recollect how many days it was afterwards.
ROBERT TOPPLE . I am a tailor, and live in Burton Street, Burton Crescent. I know the prisoner—I remember his paying me this bill for 1l. 12s., on Saturday 5th June, he paid me in gold and 2s.—I gave him this receipt.
HANNAH LEVY . My husband is a general dealer, No. 106, Euston Road. I sold a portmanteau in June for three guineas—I was paid three sovereigns and a half and a sixpence—my husband carried the portmanteau home.
MYERS LEVY . I am the husband of the last witness. I sold this portmanteau to the prisoner on Saturday, 5th June; I carried it home for him to Coal Office Cottage—in going home, I asked him if he was going travelling; he said, "Yes, to Calcutta."
HENRY DALTON . I am a clerk in the Bank of England, in the accountants' office. On 5th June, I was officiating in the Issue Department where gold is given in for notes—I remember the prisoner coming to me; (Mr. Thorogood had made a communication to me)—the prisoner asked me to give him two 10l. notes for twenty sovereigns—I referred him to Mr. Sykes.
RICHARD JOHN SYKES . I am a clerk in the Issue Department at the Bank. On 5th June, Mr. Dalton referred a person to me who wanted two 10l. notes for twenty sovereigns—I saw the gold which he wanted to change—Mr. Dalton told me something which made me remember the circumstance—I told the person to get the gold weighed, as we should cut any gold that might be light.
WILLIAM STEVENS . I keep a jeweller's shop at No. 91, Bishopsgate Street. I remember the prisoner purchasing this ring (produced) at my shop, on 5th June, the price of it was 24s., he paid me a sovereign and silver—he asked me if I could give him notes for gold—he did not say the amount—I said I could not.
GEORGE STUCKFIELD . I keep a coffee shop in Pentonville Road. I know the prisoner—he came to me on 5th June and had his dinner; he asked me if I would let him have notes for gold, as he had more gold than he wished to carry about with him—I declined it.
THOMAS WILLIAMS . I am an inspector of the line of the railway. I was present when the prisoner was taken, and some money was found upon him; there was 73l. 10s. in gold, a sixpence, and a few coppers—I remember this leathern bag being produced at the Great Northern Railway, on 25th May—it was shown to the prisoner in my presence—he said it was the bag in which he had locked up the money, in the safe at the coal office, on the previous night—I produce these rings—one I got from a young woman at Walthamstow, the other two were found on the prisoner—he was taken into custody.
Cross-examined. Q. Have you been long on that railway? A. Yes, about eight years. I have had conversation with the prisoner—I have not said anything about getting him convicted—I did not say I should be certain to get him convicted—I found this money on him in Burton Street, Burton Crescent, about 11 o'clock at night; he was in a public house; I called him out; I do not know how long he had been there.
JAMES BOWER . I am a surveyor. I drew the plan which is produced—I compared it with the scale—the distance from the coal office to No. 13, Stanmore Street, is 464 yards—from the coal office to Adam and Eve Place,
is 687 yards—from Adam and Eve Place to Charrington Street, is 284 yards.
Cross-examined. Q. The main entrance is in the St. Pancras Road? A. Yes. The other entrance leads into Maiden Lane; the entrance to that gate is not on the plan—from Maiden Lane gate they would go down Maiden Lane to King's Cross—I believe there is a narrow way of getting to St. Pancras Road, without going to King's Cross, but I have never been there; it is a foot path which takes you from that gate to St. Pancras Road—I have not measured it, but I should think it is about seven minutes' walk down the footpath to St. Pancras Road—you would have to come back to King's Cross—the distance from the gate in the Wharf Road, to that part of St. Pancras Road, is perhaps 200 yards.
GUILTY.—Recommended to mercy by the Jury on account of his youth. — Three Years Penal Servitude.
THIRD COURT.—Wednesday, July 7th, 1858.
PRESENT—Mr. Ald. CARTER; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. SLEIGH conducted the Prosecution, and MR. CARTER the Defence.
GUILTY.—Recommended to mercy by the Jury. — Confined One Month.
MR. COOPER conducted the Prosecution.
NOT GUILTY .
GIDEON CROCKER (Policeman, C 9). On 29th June, I was on duty in Rupert Street, St. James's, about midnight, I saw three men coming up Oxendon Street together, Jones and Griffiths are two of them—Jones fell rather behind the other two, and went to the door of No. 33, Oxenden Street—he put one hand at the top, and the other at the bottom of the door, and forced it, as if testing whether it was bolted or not—Griffiths and the other man walked to the corner of Coventry Street, turned round on their heels, and looked round—Jones then joined them, and went back to the side door of No. 27, Coventry Street, which is in Oxenden Street, and is Mr. Stocker's, where he did the same to the door—I crossed over, Griffiths and the other man walked away, and Jones followed close behind—I said to Jones, "What did you do at that door in Oxendon Street?" he said, "Me?" I said, "Yes;" he said, "I was not at any door in Oxenden Street"—the other two separated, one went into a public house, and Griffiths stepped off the kerb into the carriage way, I then observed something under his coat, under his arm—I went up to him, touched his coat, and said, "What have you got here?" he said, "I have got a bag"—I said, "What are you going to do with a bag at this time of night?" he said, "I am going to take it home"—I took it from under his coat, and it was this sack (produced)—I touched him on the breast pocket, and heard the jink of a key—I said, "What
have you got here?" he said, "That is my latch key"—I put my hand into his pocket, and took out these nine keys (produced), two of which are skeletons, two door keys, and a common box key—Jones was then walking off in the direction of Princes Street, and I called on Joy, a policeman, to seize him—the man who went into the public house I believe to be Tarry, by his dress and appearance, but am not positive—I went to the station with the prisoners—Griffiths said that he was a locksmith, which was the reason he had the keys—I asked him whose employ he was in, or where he served his time; he said, "Oh, I picked it up"—I asked his address, he said, "No. 9, Wilson Street, Long Acre"—I went there, but there was no such number—Jones gave his address No. 6, Duke's Court, I went there and ascertained that Jones and Griffiths are brothers.
Jones. Q. You say that I tried two doors; how was I to do it with nothing about me? A. There was nothing on you, but close to where you were apprehended three or four skeleton keys were found.
HENRY JOY (Policeman, A 338). I took Jones—I can swear to Griffiths also—I saw them with a third person, whom I believe to be Tarry—I took Tarry, about 1 o'clock in the morning, at the corner of Cranbourne Street—I told him I took him for being concerned, with two others, in attempting to enter a house in Oxendon Street—he said, that he had not been in Oxendon Street during the night; he had been in Coventry Street, and had just left a public house, at the corner of Princes Street and Coventry Street, that is a public house into which I saw the third person go—he said, that he had not been in any man's company the whole evening, only a female's—when I took Jones, he had passed a door where some keys were afterwards found.
Tarry. Q. Was not I with a female? A. Yes, you told me you had just come from Surridge's public house.
RICHARD WEBBER (Policeman, A 207). On 30th June, about 3 o'clock in the morning, I found these four skeleton keys (produced), in the doorway of No. 65, Princes Street, about three or four yards from where Joy pointed out to me that he took Jones.
Jones's Defence. I merely touched the door as I passed.
Tarry's Defence. I had been to Brompton, and left about a quarter to 11 o'clock; I met a female in Coventry Street, whom I knew three or four years ago; I went with her to Surridge's, at the corner of Coventry Street, and stayed there more than a hour, and never stirred outside; I left with her, and had got to Cranbourne Street, when I was taken; at the time he says he saw me, I was in the public house with the female; it is not likely, that if I had been concerned with these parties, that I should tell him that I had been in the public house that he saw a party go into; I never saw these prisoners till I was at the station; I have been mistaken for some one else.
JONES and GRIFFITHS— GUILTY .
TARRY— NOT GUILTY .
Jones was further charged with having been before convicted.
WALTER HOLMES (Policeman, F 50). I produce a certificate—(Read: "Bow Street, Police Court; William Jones, Convicted on his own confession, Jan., 1857, of stealing a handkerchief from the person; Confined six months")—I had him in custody; Jones is the person.
GUILTY.*— Confined Twelve Months.
GRIFFITHS— Confined Twelve Months.
MR. SHARPE conducted the Prosecution.
EDWARD MORGAN . I am a commercial traveller of No. 7, Belinda Terrace, Canonbury. Last Saturday, 3d July, I was in Bishopsgate Street, about a quarter or twenty minutes past 8 o'clock—I took a cab opposite Bishopsgate Church, and told the cabman to drive me to No. 7, Belinda Cottages—three or four minutes before that I had met Mr. Day, and he gave me a sovereign; I gave it to the cabman through the trap door, and asked him to get it changed, and give me the difference—Mr. Day was not in the cab when I got in, but he got in two or three minutes afterwards—the cabman drove to a public house in Acorn Street, 150 or 200 yards from where I got in, he went in, and came out and said, "I shall not drive you any farther, you only gave me 1s."—at that time a policeman came up, and my friend Day—I said I gave you a sovereign, and I shall give you in custody—I said, "Give me my sovereign, that I gave you to get change"—he denied it, and said that I had only given him 1s., but I had not 1s. in my pocket.
Cross-examined by MR. METCALFE. Q. Were you very drunk? A. No: I was not, I had had a glass of wine and some soup—when I gave the cabman the sovereign I certainly became very excited, but I was perfectly sober, and knew what I was doing—I am quite sure I got in at Bishopsgate Street by a tobacconist's shop—when Mr. Day gave me the sovereign, I immediately put it in my waistcoat pocket; Mr. Day called the cab for me, and I got in and gave the cabman the sovereign not two minutes afterwards—it would not take two minutes to drive to Acorn Street; he pulled up almost immediately he had started, and I thought he was gone to get change—I had five half crowns, a franc piece, and a florin, but no shillings.
COURT. Q. Then how was it Mr. Day came to give you a sovereign to pay your fare? A. Because that was not my own money, I asked Mr. Day to lend me some, and he said, "Here is a sovereign for you."
MR. METCALFE. Q. Did you put the sovereign in the same pocket? A. I did not.
ARTHUR GEERING DAY . I met Mr. Morgan in Bishopsgate Street, I was standing at the door of Mr. Case, the tobacconist, when he passed by—I gave him a sovereign, put him into a Hansom's cab, closed the door and the cab drove off—I was rather in a hurry to save my train from Shoreditch, but I saw the cab pass me, and I saw Mr. Morgan's hand pass through the top of the cab and saw the cabman take something of him; a man behind me said, "Your friend has given the cabman a sovereign"—the cab drove round Acorn Street, and I saw a crowd assembling, I went up and said in the prisoner's presence, "Where is the sovereign I gave you;" he said I gave it to the cabman to change, and he will not give it me back, and will not drive any further—"I demanded it of the cabman, and he refused to give it up"—I asked him for his ticket and he refused it—I saw his number on the back of the cab, and then he gave me his ticket—a policeman then came and took him—having only just time to save my train I ran away; the prisoner said, "I have not received any money at all—Acorn Street is only about 200 yards from where he got in, or I could not have overtaken the cab.
Cross-examined. Q. How soon did you see the hand put through? A. Immediately; the cab had to turn round because the head faced the city—my friend was drunk—when the hand passed through, I was on the pavement, and the cab was in the centre of the street.
CHARLES CASE . I am a tobacconist, of No. 34, Bishopsgate Street Within. Last Saturday I was, with Mr. Day, standing at my door, and saw Mr. Morgan come by—Mr. Day stopped him, begged him to go home, and gave him a sovereign in my shop; at last he persuaded him to go by a cab—a
cab was standing at the door, and I said to Mr. Day, I think that is a very respectable looking cabman, I think we might trust him with him, that was the prisoner—we got Mr. Morgan into the cab; he had the sovereign in his hand, and put it into his pocket by the advice of the cabman and myself—I said to the cabman, "That gentleman has got a sovereign to pay his fare; take him home safe, and you will be paid your fare.
Cross-examined. Q. Was he very drunk? A. He was not able to take care of himself—he had not been spending money at my shop; the only money I saw was a sovereign.
CHARLES JAMES CHILDS (Policeman, H. 193). I was on duty, in plain clothes, at the corner of Acorn Street, on this Saturday night, and saw the prisoner there—there was a mob and a cab; the mob said that the cabman had got a sovereign belonging to the man; the prisoner, was the cabman; he was then getting on the box, at the back of the cab; a gentleman followed him, and the cabman stopped in a few yards; the prisoner got down, and I followed with the mob; another cabman followed close behind, and I saw the prisoner with a sovereign in his hand, in this way, passing it to the other cabman—I caught hold of his hand, and the other man's hand, saying, "I am a police constable;" the other cabman then said, "I have nothing to do with it."—I released his hand, and took hold of both the prisoner's hands, and said, "Where is the sovereign?" he said, "I have got a sovereign in my pocket, but that belongs to me"—it was not in either of his hands, I found it in his pocket, and he said, "It is my own"—when I commenced searching him, he said, "If I have got any gold about me, it does not belong to me, it belongs to that gentleman," meaning the prosecutor—I found this sovereign (produced), and said, "Here is the sovereign;" he said, "Well, it does not belong to me"—I found 7s. 1 1/2 d. besides, which I gave up to his wife, as she wanted money.
MR. METCALFE contended that there was no case to go to the Jury, as the prisoner used no fraud to entice the prosecutor to part with the sovereign, and that as the prosecutor never intended to have the sovereign itself back, the prisoner could not have stolen it, a portion of it, namely 6d. at least, for his fare, being actually his own. MR. SHARPE submitted that as the drive was not completed, none of the fare was due, and the prisoner had not any lien upon the sovereign, and was bound to restore it. THE COURT, having consulted THE RECORDER, considered that it was a case for the Jury, and in summing up left it for the Jury to say whether the prisoner received the sovereign without a felonious intent at the time, but yielded to the temptation which came upon him afterwards, in which case he would not be guilty, or whether he intended to steal it at the time he received it, in which case his fraudulent intention would prevent a contract taking place between the parties, and he would be guilty.
The prisoner received a good character.
NOT GUILTY .
MR. O'CONNELL conducted the Prosecution.
THOMAS MELLER . I am a shoemaker of No. 16, Charlotte Place, Tottenham Court Road. On 30th Oct., I went to bed about 11 o'clock—I was the last person up—the premises were secure—I got up next morning at a little before 6 o'clock, and as I unlocked the shop door, it flew open; the lock was broken—I went into the shop and missed an immense quantity of goods, 100 pairs of boots and shoes, the shop was nearly stripped—I gave information, and found all the property at the station—I identify every pair.
Cross-examined by MR. CARTER. Q. I believe two persons were found in possession of the boots? A. Yes; they were convicted last Nov., (see vol. 47, page 87).
EDWARD SMITH . I am a cab driver, of No. 10, Upper Cleveland Street. On 30th Oct., between 10 and 11 o'clock at night, I was on the stand in Tottenham Court Road, and saw the prisoner, who said that he had got a job for me, if I liked to wait—I went off with another fare, and came back about half past 12 or quarter to 1 o'clock, and saw him again with two others, who were tried in Nov.—they all got into my cab, and told me to drive down George Street; I did so as far as Charlotte Court—I stopped at the corner, and they all three got out, and went up the court, telling me to wait; in a short time they came back, and Moore and Johnson each had a bag—the third man who came back was very like the prisoner, but I could not see his features—I have known the prisoner, I should say, two years—Moore and Johnson told me to drive on, I asked them where, and they said, "Where you please"—the third man was not there, he went away—I ultimately drove them to my house, and kept the bag there, and they were to come and liquidate it—they remained till 7 o'clock in the morning—I did not give the bag to any one, for Moore and Johnson, to my surprise, got into my house before I was up—I gave information to the police, and they took the bag.
Cross-examined. Q. Whoever the third person was, he did not accompany you to your house? A. No. Goodge Street opens into Tottenham Court Road—the prisoner used to rub up cabs in Lamb's Conduit Street, eighteen months ago—I have never seen him drive a cab—I saw him about three months ago, when I was on a cab; and some months before that he used to work where I go, but not with me; he was merely engaged on the same premises—I went into a public house with him on this night, and had a pint of porter—the third person did not come to my house—it was before I took the other fare that I had the pint of porter with the prisoner.
MR. O'CONNELL. Q. When you came back from your job, did you come back to the same part of the stand? A. Yes. I am sure the prisoner was there then, and the other two with him—there are gas lamps—he was waiting by the public house.
JOSEPH LAMBERT (Policeman, D 68). On the morning of 31st Oct., I was called to the prosecutor's shop, and found the inside door broken open, two locks forced, and the window cleared of all the boots and shoes—in consequence of something that was told me, I went to No. 10, Cleveland Street, and saw two bags of boots on the kitchen floor—I stayed there till a man named Johnson came—Moore also was taken, and was tried and convicted—on 28th June, in consequence of information I received, I apprehended the prisoner—I told him the charge, and he said, "I expected there was some-thing up."
Cross-examined. Q. Did Moore and Johnson come to the house together? A. No, another man came to the house with Moore, but he got away; that was not the prisoner—we had Johnson in custody.
NOT GUILTY .
712. JOHN WELCH (23) , Breaking and entering the shop of Thomas Gomm, and stealing therein 6lbs. weight of cigars, 1 coat, 1 pair of boots, and 1 handkerchief, value of 5l. 12s. 4d., and 20l. in money, his property, and 1 watch and chain, the property of Charles Gomm.
home, leaving in it a watch and chain, a quantity of cigars, a coat, a pair of boots, and other articles, 17l. 10s. in copper money, and 2l. 10s. in silver—I fastened up the place before leaving—about a quarter to 7 o'clock next morning I went there, and found the back door and window open—I went to the place where the copper money had been, and it was all gone—I then missed the silver money and the farthings, also a watch and chain, some cigars, and a coat and boots—I found the top part of my coat in the yard, with the lining torn out—I afterwards found a lot of rags, containing 5l. 1s. in copper, in the pump—those rags were the tail and pocket of my coat—the wooden frame of the pump was broken, in the person's getting over, and these things must have dropped in—the pump is near a fence; a person getting from my shop would get over there—5l. in halfpence would weigh 70lbs.—I have not found the silver money—this parcel (produced) was tied up at the back door; it contains cigars in a box, and belongs to me—this handkerchief belongs to a customer, who had left it for some goods to be tied up in—this watch and chain were in my keeping—these boots are mine—I was present when this cap was found on the roof of the building, a long distance from the window at which they got in.
CHARLES BLAKE (Policeman, T 34). In consequence of information, I went to the prisoner's house at Hammersmith, on the morning of the 25th, about half-past 8 or 9 o'clock—I asked him if he had been in Ealing fair; he said, "No"—I asked him if he had been at Brentford the night before; he said, "No"—I told him I should apprehend him on suspicion of a robbery at Brentford—there was another constable with me—I found the handkerchief, containing a quantity of cigars, hanging on the wall—Mr. Gomm's brother, who was with me, said, in the prisoner's presence, "Those are my brother's property"—I searched further, and found these boots, and an old cap of the prosecutor's brother's, in the room—going to Brentford, the prisoner had no cap on; I said, "I have the cap in my pocket which you had the last time we had you;" he said, "Let me have it, for it looks so bad to go without it;" I said, "I have no objection;" he said, "You have washed it?" I said, "Yes, it wanted washing;"—something was said about some boots which were left on the roof, and he said, "I bought them in Westminster yesterday morning, and gave 18d. for them"—we had the boots with us in the cart—he was quite sober—it is three and a half miles from Hammersmith to the prosecutor's.
EDWARD FIELDER (Policeman, T 137). I was with Blake—I searched the prisoner, and found on him this watch and chain (produced), 1l. 19s. 6d., in silver, in his waistcoat pocket, and his trouser pockets, which were lying on a couch, were full up to the top with halfpence and farthings, amounting to 1l. 3s. 2 1/2 d.
THOMAS DRINKWATER . I live at Old Brentford. I knew the prisoner before 24th June—I saw him that Thursday night, at Ealing fair, with two men, about half past 10 o'clock at night—he asked me to go and have some beer with him—I left him at half past 2, or a quarter to 3 o'clock, and he told me he was going round to the back of the bullock house—I left him about 150 yards from the prosecutor's premises, going towards them—he wore a cap somewhat similar to this produced.
Prisoner. Q. When I left you, was not I going towards my home? A. Yes, you could go that way home—you were very drunk.
Prisoner's Defence. I was very drunk, and know nothing at all about it; Drinkwater was with me from 10 to 3 o'clock in the morning.
COURT to THOMAS DRINKWATER. Q. Were you drinking with him all the time? A. Yes.
EDWARD FIELDER re-examined. I produce a certificate—(Read: "Clerkenwell Sessions, Feb., 1852; John Welch, Convicted of stealing 8s.; Confined nine months")—I was present; the prisoner is the person—he was also tried for burglary last Sessions, and acquitted on a point of law (see page 112).
GUILTY— Four Years Penal Servitude.
SIMKINS PLEADED GUILTY .— Confined Eighteen Months.
EUGENE LE GRAND . I am a commission agent, of No. 18, Aldermanbary. Simkins was in my employment, he left on 15th June without notice—I next saw him when he was in custody at Guildhall—on 5th June, I missed a brown paper parcel, containing ninety-two or ninety-three scarfs and handkerchiefs, from the counter in the warehouse; they were worth 28l. I last saw them safe on 31st May—I spoke to Simkins several times about it, and inquired whether any one had been in the place and taken it away, but could get no information from him—I afterwards saw four of the handkerchiefs at the station, a scarf at his mother's house, and four more were given to the policeman by his mother; I also saw some at some hawkers that I went round to with the policeman.
ROBERT SEARADER . I am foreman to Mr. Burgess a pawnbroker, of No. 10, Clarence Place, Camberwell. I produce a silk handkerchief and scarf which I took in on 4th June, and the following day I had some more offered by the same person, Ann Smith, and stopped them, and gave information to the police, and Mr. Le Grand identified them.
GEORGE POCOCK . I am assistant to Mr. Burgess, a pawnbroker, of Walworth. I produce a silk handkerchief and scarf, pledged in the name of Ward, by a man on 4th June; I rather think it was Smith, but cannot be positive—he had not a soldier's dress on, his height and age correspond exactly; my opinion is, that he is the person, but I am not positive—I showed them to Mr. Le Grand, and he identified them.
RICHARD SIMKINS . I live at Southampton Street, Camberwell, and am a tailor; Simkins is my brother—about a month or five weeks ago, he gave me a silk handkerchief, which he said was an old pattern—I put it in my box, and it remained there till Mr. Le Grand came and I gave it to him, he identified it.
ALFRED CARPENTER . I am thirteen next Dec., and am employed in the same house as Mr. Le Grand lives, in Aldermanbury—I have seen the prisoners at Mr. Le Grand's together frequently—the last time I saw Smith there, was five weeks ago to-morrow, about 6 o'clock in the evening, he was sitting on the window sill between the second and third staircases, waiting for Simkins—he did not tell me so, but he asked me whether Simkins had gone, I said "No, I believe he is in the office with Mr. Le Grand."
ROSE CLARA SMITH . I am Smith's sister, and live with my father and mother. Simkins has come to my father's house a great many times—he has called for my brother to come out, and they went out together once or twice; I pawned some silk handkerchiefs for my brother at Mr. Burgess's—I am ten years old—I gave the duplicate and money to my brother, and on the Saturday I received some more from him which I pledged at the same place, and they were refused—I saw my brother with a parcel of five or six silk handkerchiefs in brown paper, he put them in his pocket, that was before I
pawned any—I think Simkins came the same evening, and he had been there before.
WILLIAM SMITH . I am a builder's clerk. About five weeks ago my son came home with some handkerchiefs or scarfs, which he placed on the table—I asked him where he got them; he said that a friend of his, in the city, had given them to him; and, I think, he said, that they were bought at a sale by the person wno gave them to him—I think there were six—I do not know what became of them—he enlisted about five weeks ago.
JOHN LEONARD (City policeman, 119). I produce a handkerchief, which I received from Richard Simkins, and four scarfs, from his mother—the prosecutor identifies them—I took the prisoners in custody at Olney barracks, in Essex—Smith was in Simkin's bedroom—I was in plain clothes, and told Simkins the charge; he said, "I will plead guilty to it"—Smith was not present—I asked Smith what he had done with the scarfs he had received from Simkins; he said, "I have only received eight"—I asked him what he had done with them; he said that his sister had pawned them—I asked him how it was he had detained Simkins in his bedroom; he said, "It was to my interest to detain him, until the time I left for the East Indies to-morrow, as he is too slight to enlist, and they have rejected him"—I took him in custody.
SMITH— GUILTY of Receiving. — Confined Eighteen Months.
Before Mr. Recorder.
MR. SLEIGH conducted the Prosecution.
JOHN HARVEY SCOTT . I am a clerk in the engineers' office at the Eastern Counties Railway—on 11th June, by direction of Mr. Brooks, a principal in the office, I packed up seventy-four half sovereigns, and 6s. 6d. in silver, which I directed, as a value parcel, to Somer Layton, in Suffolk, and gave it to Keeble, one of our servants, between 4 and 5 o'clock in the evening, with certain directions—besides the letter, a pay sheet of wages was in it—it was for the purpose of paying men in Suffolk—the prisoner was in the service of the company, as parcels porter, at the Stratford station; he had a desk in which to take care of value parcels, the key of which was in his custody—any parcel delivered to him, he ought to enter in this book (produced), which he keeps for that purpose—here is no entry, on 11th June, of the parcel of which I have given a description—some of these entries are in the prisoner's writing—there are several entries in other people's writing—I should say that the entries, of 11th June, are all his writing, but I am not sufficiently acquainted with his writing to swear it—all on 11th June are in the same writing—I should say, that this "Sinclair" is in the same writing as the three above it, but done with a different pen.
Cross-examined by MR. T. ATKINSON. Q. Is there any entry in this book
of any outward parcel, on 11th June, from Stratford? A. Not one—I believe all these entries of 11th June to be his writing—I do not know what his duties are, but I have seen him with the key of the desk—the key of the door was not in my possession—if he was at his dinner, or away, a lad under him would receive parcels—this is the first time I have seen this book, to handle it.
SIDNEY KEEBLE . I am employed by the Eastern Counties Railway Company, at Stratford. On Friday evening, 11th June, between 4 and 5 o'clock, I received a parcel from Mr. Scott, with directions; I went to the parcels' office, where it is the prisoner's duty to be, but did not find him there—I gave the parcel to Mancer, the boy under him, who signed a receipt in a book for it—the parcel was directed, "Station master, Somer Layton, value, O. S.," for "On service."
Cross-examined. Q. Were you ever there before? A. Yes, with parcels, but not value parcels—the work of delivering parcels is done by boys—they pay me 6s. a week—I work from 9 till 6 o'clock, and have from 1 to 2 o'clock for dinner—I know when a parcel has money in it, by the word "Value" outside.
MR. SLEIGH. Q. When you have been there with parcels, whom have you given them to? A. Sometimes to Mancer, and sometimes to Dales—when I have given them to Dales, I have not seen him make an entry in a book.
CHARLES MANCER . I am parcels' lad at Stratford, under Dales. I have been in the company's service nearly five years—it is the prisoner's duty to be at the parcels' office, and mine also—it was my duty to receive parcels in his absence, and on his return, I gave the value parcels to him; I do not know where it was his duty to place them—he had the key of the desk, which he still kept when he was absent—on Friday evening, 11th June, I received a value parcel from Keebles; Dales was not then at his office—he returned in about an hour, and I followed him into his office, took it out of my pocket, and gave it to him, and he took the key out of his pocket, and put it into the desk, which he locked up, and said, "All right"—it had on it, "Value parcel, Somer Layton"—I signed a book when I received it from Keeble—I have seen this book in the prisoner's possession; the entries in it are for the most part his; I know his writing well—he sometimes kept it on his desk, and sometimes locked up in his desk—when he received a parcel, it was his duty to enter it in this book—these four entries, on 11th June, are his writing—here are some entries of mine in the book; about one in twenty are mine, and the other nineteen are all the prisoner's—no one but he and I had any right to make entries in this book—on Tuesday, 15th June, I heard them say in Dales' presence, at Mr. Brook's office, the locomotive department, that there was a value parcel missing; there was a conversation about it, and Dale said that I might have given it to him, he did not recollect—I am quite sure I did give it to him.
Cross-examined. Q. Is not that book sometimes kept in the window of the office? A. Sometimes, anybody could see it—the office door is usually open to the clerks and porters—there are a great many porters at Stratford, they would sometimes go into Dales' office to make inquiries—it is my duty to make an entry in this book when I get a value parcel—I did not make any entry when I got this parcel—I had received orders from Dales to enter them as soon as I received them—I did not do that on this occasion, but put the parcel in my pocket, it was there about an hour—I was walking about, sometimes in the station, and sometimes in the office; the office is sometimes left without either of us, but the door is shut and locked—it is sometimes left open
when I am employed on my other work; it was my duty to forward this parcel by the next train—Dales was absent about an hour—the 6. 20 and 7. 40 trains convey parcels to Somer Layton—there would be none before 6. 20, after I received the parcel. I come to work at 9 o'clock in the morning, and remain till half-past 9 o'clock; my wages are 9s. a week. When we are both away, the key of the desk hangs in the ticket office—the night inspector and the porter are there at night, and six or seven more in the day time—the key hangs against the desk, I hang it up there, and Dales who is there first, gets it in the morning—I am never there before him, he comes to meet the Parliamentary train at a quarter to 7 o'clock.
Mr. SLEIGH. Q. What key are you talking about, the key of the desk, or the key of the office? A. The key of the office; the desk key was always kept by Dales—I cannot recollect whether the key was in the desk when I received the parcel from Keeble; in ordinary business, when I saw the book, I should make the entry; if I had seen the book I should have made it then.
EDWARD JOHN LE FRANCOIS . I am station master at Somer Layton. In the course of my business, I ought to have received a parcel with money, to pay the men's wages on 11th June; I did not receive it; it was the duty of the guard of the train to deliver it to me—the train would arrive at Somer Layton at a quarter before 6 o'clock—it would take from four to six hours to get there from Stratford—if it had been sent there that night, I could not have received it till next morning—if a train left Stratford at twenty minutes past 6 o'clock, it would arrive, in the ordinary course, at half past 10 o'clock next morning—there is no train by which I could receive it between half past 6 o'clock and the next morning.
Cross-examined. Q. Are you alone at your station? A. No; a porter, named Long, assists me; he is about nineteen or twenty years old—he receives parcels when I am engaged, but not value parcels—if a value parcel arrives, he would sign for it to the guard, if I am not there—he was engaged in the duties of the company on 11th, 12th, and 13th June—he is here.
MR. SLEIGH. Q. Were you absent on that evening, or on the morning of the 12th? A. I would not be positive, but I should say not.
WILLIAM WELLS . I am night inspector at Stratford station. I was on duty on 11th June, and on the morning of the 12th—I go on duty at 8 o'clock in the evening—it is part of my duty to keep the parcels' office within sight—no stranger entered the office that night, except Dales—the key was hung up in the ticket office, which I was in and out of all night.
Cross-examined. Q. Are there a good many people employed about the ticket office? A. Yes; during the day time, but all the ticket clerks leave at a quarter to 10 o'clock, when the last train comes—other people than the ticket clerks go into that office in the day; some of the public find their way in sometimes to make inquiries—the station is sometimes very much crowded in the day, but not often after 10 o'clock at night—I never missed any parcels, but two years ago, two boxes were taken off the platform—Dales leaves his work at a quarter to 10 o'clock, generally, and comes at a quarter to 7 o'clock in the morning, but not always—his wages are 1l. a week—he came to his work as usual, and I saw no change in his manner after this; he is sober and attends to his duties—I never heard any complaint of losing any parcel before—he is not married.
HARRISON CROCKETT . I was guard of the train proceeding from Stratford to Somer Layon on 11th June; it is the 6.10 train to Hertford, and arrives at Stratford at 6 20—there is a change of trains at Broxbourne, I only know
those that go to Broxbourne, but from Broxbourne some of them proceed to Somer Layton—I did not receive any value parcel from the prisoner, or any other servant of the company at that time, to be delivered at Somer Layton, or anywhere else—I do not remember seeing Dales as I passed.
Cross-examined. Q. Can you charge your memory with all the parcels you have received in the last three months, on a particular day? A. No; I do not enter every little parcel that is handed to me as I go along, but value parcels I do.
MR. SLEIGH. Q. When a parcel is handed to you, is it your duty to enter it in a book? A. Yes; I have not got my book here—on a value parcel being handed to me by Dales, it is his duty to produce his book to me to take my signature—this (produced) is like the book he presented to me from time to time, when he gave me a value parcel, but I do not see my signature in this book—Mr. Tongues is a clerk in the office, who takes a great many value parcels—I do not know a guard named Henry Rich or Turner; Villiers, May, Lines, and Brown are guards—on Dales giving me a parcel, it is my general practice to sign this book; I do not remember any value parcel being given to me when I have not done so.
THOMAS MORGAN . I was guard of the 7.30 down train; it stopped at Stratford at 7.40 on the evening of 7th June; no value parcel was given me at Stratford by Dales, or any servant of the company—that train did not go to Somer Layton, only to Hertford, but the parcel might have gone by it to Broxbourne; I should get it signed for there, and it would go on by another train at night—I have been in the habit of receiving value parcels from Dales, I used to sign this book for their receipt—I never remember receiving a value parcel from Dales without being required by him to sign the book, and signing it—that would operate as a receipt by me for the parcel from him.
Cross-examined. Q. Have you known the prisoner since he has been in the employment of the company? A. Yes, he has borne a good character.
WILLIAM HENRY KENT . I am superintendent of police at Stratford. My duty is to be stationed at Bishopsgate, to take anything that may arise on the whole line—on 15th June, an investigation was going on in London, about a lost parcel, and Dales was called in, when he made a statement—it was in the engineers' office, at Stratford—Mr. Brooks and Mancer were present—I investigated the case, and said to Dales, the parcel now is traced into your possession—Sidney Keeble says that he gave it to Mancer, and Mancer says he handed it to you; I saw you put it in your desk and say all right; what have you to say to that—he said, "I did not mean to say I did not have it, but I do not know where it has gone to"—I went to his lodgings with him, but found nothing there—we have a train to Somer Layton, stopping at Stratford from 10.37 in the morning—parcels which would be forwarded from Stratford to Somer Layton would be sent on by the 6.10 or 7.40 train to Broxbourne, and they there would be signed for—the 8.40 train from London does not stop at Stratford—the only stopping train, from 3.13 to 6.10, is the 5.20 from London; but at that time the parcel was in Mancer's charge, and had not been given to Dales.
Cross-examined. Q. Had you had a previous investigation in London? A. Not in this case—I did not take him into custody before I took him down to Stratford—he was not in custody—he did not come voluntarily; I insisted on his going—he went with me—Mr. Brooks was with me—I told Dales that he was to go to Stratford with me and Mr. Brooks, and I was to investigate the case; in fact, that any witnesses there might be were to return to
London to the chairman—I had previously read information of the loss of the parcel, but I had not seen Mancer—I did not say to Dales, "You had better bring some friend with you;" his father was present, and I said to him, "You can go down to Stratford if you like, but he did not go—Mr. Brooks took the principal post in catechising him, not me—I asked him questions decidedly, after the witnesses had stated the whole facts of the case—that is not a little court where I try people—the two witnesses belonged to the Stratford office, and I was compelled to go down there, to see if it was the fact—the chairman was not present, he was in London.
COURT. Q. Who took the principal part? A. Each man told his own tale in the prisoner's presence—I had no story to tell—Dales did not say that if he had received the parcel he should have entered it in the book, nor that the only way he could account for it was, that the boy Mancer had sent it unentered; he said that it might have gone unentered, but he said nothing about the boy—I examined the witnesses in the prisoner's presence—I examined them first, and called him in afterwards—I call that examining them in his presence, it was so afterwards.
MR. SLEIGH. Q. After you had heard the witnesses' statements, did you call him in, and have the statements repeated in his hearing? A. Yes, and he had an opportunity of saying what he liked—this inquiry took place on 15th June, but he was not taken in custody at that time, but he did not remain at his duty; he resigned.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
(There were two other indictments against the prisoner.)
MR. LILLEY conducted the Prosecution.
SARAH CRAIG . I am a widow, and live in Nightingale Lane, Woolwich. The prisoner came into my employment about a year and a half ago, and continued to within the last three months—I always pay my washing bills weekly, and gave the money to the prisoner to pay the washing woman, Mrs. Gray, who has washed for me for five years—I make entries of the money I pay, sometimes in the evening, sometimes early next day; I make up my accounts daily—this (produced) is my book—on 12th April, I paid the prisoner 10d., on the 19th, 10d., and on the 26th, 1s., to pay to Mrs. Gray.
Cross-examined by MR. SLEIGH. Q. Was the usual weekly amount you paid to Mrs. Gray between 3d. and 6d.? A. Sometimes more, and sometimes less, being a lone woman—these entries are in my writing—Mrs. Gray
did not give me receipts, she merely sent a little ticket, which used to lay about—my son is with me every day, but he lodges away—he had nothing to do with this book or the entries—my income is not derived from him, but from a pension—Mrs. Miller is my landlady, I believe she is here—Mrs. Gray sent me a bill by the prisoner, bnt the prisoner never gave it to me, and at last Mrs. Gray applied for 11s. 10d.—I went to her, and took the prisoner with me—I did not tell her that Mrs. Gray had applied for 11s. 10d., I said, "What have you done with my clothes?" (which had been detained for three weeks)—she said, "My little sister must have taken them somewhere else"—this is the first time I have said that—I did not go on to say to the little girl, "Mrs. Gray has made a charge against me of 11s. 10d., which has not been paid"—I said that I should go down to her house, in the hope of seeing her mother there; she said, "Do not go to the house, stay till my father comes home"—this is the first time I have stated that to any person but the Magistrate, but I am so confused—the prisoner said to me, "Why, ma'am, you have never given me that money"—I saw the prisoner's mother next day, and the prisoner and I went up to Mrs. Gray's—I cannot charge my memory with what was said: our memories all fail as we advance in life—the prisoner on that left me, but she did not go home to her father, she was in the shrubbery; she went towards her father's—she left me that day; I told her not to enter my house again—her mother came to me next day to know what it was, not to insist that the matter should be fully investigated—it was several days afterwards that the girl was given into custody—I should have been satisfied if she had come and acknowledged her guilt, even if the amount had been double—I did not tell her mother or her so; I did not see her—on the following Friday or Saturday she was given into custody, and I went before the Magistrate with my son, Captain Cragg; I could not go alone—he was examined as a witness—I did not hear him say there to the prisoner, "If you will only plead guilty to it, you will get only a month, but if you go to the Old Bailey you will get two years"—I did not hear her say, "If I get five years, I will be tried"—I heard her say to the Magistrate that she wished to be tried by a Jury—she was asked if she would plead guilty, and she refused—a deficiency of memory is what we are all liable to.
MR. LILLEY. Q. Did you authorize the prisoner to take your things to any other washerwoman than Mrs. Gray? A. No; and I do not know that it had been done—while the clothes were away, I repeatedly asked the prisoner about them, and she said that Mrs. Gray had gone to town as she was very ill—I said, "Do not press her," because I knew she was a delicate person.
MR. SLEIGH. Q. Did you hear the prisoner say that you had requested this amount to stand over for a few weeks, as you were short of money? A. Never; if I was short of money, I have a friend in the house I could apply to, or to my son—the prisoner was only three hours a day in the house—I gave her 1s. a week and her food latterly.
AYLMER STRANGFORD CRAIG . I am a captain in the army, and live at Woolwich, about a mile from my mother. I have been to see her every day since I have been home from foreign service in Africa—since Christmas, I have three or four times seen my mother give the prisoner money, and tell her to go and pay Mrs. Gray the washing; it was in April, just after my return from London.
Cross-examined. Q. Can you fix upon any date? A. No. I have frequently heard my mother send the girl out for domestic articles, and give her money for the purpose, both in April and other months.
MR. LILLEY. Q. Are you certain that any money your mother gave her was to pay for washing? A. Yes. I cannot say what sum it was in April—nothing was said about whether it was that week's account.
SARAH GRAY . I am a laundress, and live at Johnson's Court, Woolwich. I have washed for Mrs. Craig five years—during the last two years I was paid every week regularly, until within the last four or five months, when the servant came with a message from Mrs. Craig to me, asking if it made any difference to me if the bill went on for a few weeks; I said that it made no difference; and from the time of bringing that message I received no money, and for three weeks before; it was four or five months altogether that I received nothing—I continued to have clothes brought to me to wash till within three weeks of the girl being given in custody—I sent a message to Mrs. Craig, to ask her if she would let me have my money, because 10s. was owing at that time, and the girl said that Mrs. Craig was coming to pay me—during the three weeks that I had not the clothes, the girl did not come to me or bring any message—I was ill, and not able to do any washing, but I did not send word to that effect by the girl; she did not come.
Cross-examined. Q. Had you ever any irregularity in the payments before? A. No; the prisoner came with her mistress to me, she did not say, "Why, mistress, you told me to ask Mrs. Gray to let the money stand over; "she said that Mrs. Craig had never sent the bill in—I was owed 11s. 6d.—I heard the prisoner say before the Magistrate that she would not plead guilty—I did not hear Mr. or Mrs. Craig request her to plead guilty, and say that she would be dealt leniently with.
JOHN WILLIAM CROUCH (Policeman, R 113). I took the prisoner on 19th June, I told her she would be charged with embezzling several sums of money to the amount of 11s. 6d. which had been entrusted to her by Mrs. Gray to pay her laundress—she said that she never received any money from Mrs. Craig since a little after Christmas.
Cross-examined. Q. Where did you take her? A. At her father's house; I heard something said about 16s. 4d. before the Magistrate.
The prisoner received a good character.
There was another indictment against the prisoner for a like offence, upon which MR. LILLEY offered no evidence.
NOT GUILTY .
Before Mr. Recorder.
MR. ROBINSON conducted the Prosecution.
WILLIAM RANSOME . I am assistant clerk at the Westminster County Court. I produce a certified copy of an entry in the plaint book, with reference to the suit of Quinton v. ✗Johnson—the plaint was entered on 27th April, 1858; William Quinton, plaintiff, against Joseph Johnson, defendant, for 1l., money detained—that came on to be heard on 19th May, when the plaintiff and defendant appeared—Mr. Whitmore was the presiding judge—the plaintiff made his statement, and the defendant then tendered himself as a witness, and was duly sworn, and gave evidence—the plaintiff's evidence was, that the defendant, being at his house, they proposed having some gin and tobacco; it was either one house or other, for both plaintiff and defendant were together; that he asked the defendant to fetch the gin and tobacco, and
gave him a sovereign, and after a considerable period the defendant returned with the gin and tobacco, and change for 1s.; that the plaintiff said, "I gave you a sovereign'"—the defendant said, "No, you only gave me 1s."—on being examined by the Judge, the defendant swore that it was only 1s.; the plaintiff said, "There is a witness present, who saw me lay the sovereign on the table," but he was not present, and the Judge adjourned the case for an hour, requesting a person, who was a witness in the case, to go to the witness's place of employment, and bring him to the Court, and Clewley was brought in, and examined; the result was a verdict for the plaintiff for 1l., which was ordered to be paid on 31st May, with the expenses of the three witnesses, and his Honour committed him there and then—after the positive statement of the plaintiff, and the assertion that a witness would come forward, the jndge looked very hard at the defendant, and said, "Now do you still persist in your statement?" or words to that effect, and then, took up the book, and examined him, and wrote down his words, and he still persisted that it was only 1s.
Cross-examined by MR. LILLEY. Q. Was there a postponement in consequence of the absence of the plaintiff? A. Yes, it was struck out because the plaintiff arrived too late—I did not take a note of the evidence, all I have said is from memory—I recorded the judgment; his Honour records the evidence, I have his notes—he tried 17,000 causes last year; there are sometimes 200 at a sitting—I did not attend before the Magistrate.
WILLIAM QUINTON . I am a chair maker, of No. 26, Brunswick Street, Blackfriars Road. I have known the defendant some years—On Sunday afternoon, 28th March, I left my house about ten minutes to 10 o'clock—I put two sovereigns in one pocket, and one shilling in the other; on my way I met the defendant (I had previously purchased some tobacco); his brother Charles was with him; we had a quart of beer, which I paid for with fourpence in copper; I had paid 2d. for the tobacco, which left me 10d., and 4d. for the beer, left me 6d. and the two sovereigns—I went to his house at his invitation, and two persons named Clewley, father and son, came in—we all had some beer there—the defendant asked me to lend him 6d. on the work which I wag going to give him to do (some turning)—I did so; that was before I went to his house; that was all the silver I had—when we got to the house, Clewley sent out for some beer; they had clubbed together a few halfpence—I wanted to get home to my dinner, and Clewley said, "Shall we have a drop before we go?" I said, "I do not mind;" and said to Johnson, "Just get a half pint of gin," and put down a sovereign on the table—he took it up, went out with his brother, and stopped away nearly two hours—when he came back he brought the gin—I asked him for the change, as he did not offer to give it; he said, "What change?" I said, "The change out of the sovereign;" he said, "You only gave me 6d."—I said, "I saw it was a sovereign when I put it down on the table;" he said, "No; you only gave me 6d.;" he then pretended not to know what he was doing, and appeared to get more drunk—Clewley asked him whether he was going to give the change; he said, "No"—Clewley said, "It is a very bad thing of you, the poor man cannot afford to lose a sovereign;" Johnson said, "No, I am not going"—Clewley said, "I saw Mr. Quinton put down the sovereign, and saw you pick it up"—I fetched a policeman; Clewley went away first—his brother Charles came back with him when he brought the gin—the inspector at the station refused to receive the charge—I afterwards went before a Magistrate; the defendant appeared, and the Magistrate said that it was a very dishonest action, and very near a felony,
and told me, if he did not pay me, to summon him to the County Court, and I would get my money—I took out a summons; I was too late the first time, on account of my work, and took out another—I gave my evidence, and Johnson swore that I only gave him 1s., and that he brought a half pint of gin, which was 8d., 2d. worth of tobacco, and left 2d. on the bottle—I heard the Judge caution him; he repeated the same statement afterwards; I have not seen him since; he has not spoken to me at all.
Cross-examined. Q. What day was it when the sovereign was expended? A. 28th March, Palm Sunday, about ten minutes to 1 o'clock in the day—I had not been drinking with other persons; about three pots of beer were drunk on this occasion, when Mr. Clewley came in, I was there about half an hour before Clewley came in not more—when he came in we had a pot of beer, and we had had one pot before; another man was with Clewley, who was a stranger to me—I persist in my answer that we only had three pots of beer altogether—after they were drunk, he invited us to his house about 100 yards off—we did not stop at any public house on the way; they then clubbed round when I think they paid 2d. apiece, there were seven of us, but I did not give anything—half a gallon of beer was brought in which would be 8d. I think—no one sent for more after that, only the half pint of gin; it was about an hour from the time I went to the defendant's to the time I sent for the gin—it was a little after 5 o'clock when he came back; they were all present when I gave the sovereign—Johnson's daughter was not there, she was there at first, but she went out, and I did not see her come in again, she was outside—I did not take my share of the liquor, I would not touch it, because I was so vexed, but I took my share of the beer—Clewley, the son, is here, the one who was sent for at the County Court; the father was there likewise—it is not a very large room—I did not see that any of the party were a little the worse for liquor at the time the gin was sent for—I gave the defendant in custody about an hour after he returned, he pretended to be the worse for liquor, I do not know whether he was shamming or not—I was too late the first time at the County Court, and I was too late here last Session, the Grand Jury were discharged—no one has given the defendant notice to appear here to my knowledge—the Magistrate dismissed the charge.
MR. ROBINSON. Q. What did the Magistrate say? A. That it was a very dishonest action, and very near felony, but there was not sufficient evidence—he said, "You pay the man the sovereign;" Johnson said, "Yes;" and then the Magistrate said to me, "If he does not pay, summons him to the County Court"—it was not my fault that the bill was not preferred last Session, I was here when an application was made to respite the recognizances—we had about five quarts of beer between seven of us—the daughter was outside the room when the sovereign was put down.
WILLIAM CLEWLEY . I am a chair maker, of No. 4, Cottage Place. I have known Johnson as long as I can recollect—I knew Quinton, but not so intimately as I knew Johnson—I was in Johnson's house on Palm Sunday—we drank one half-gallon of beer before the gin was sent for—they said, "Cannot we have a drop of gin before we go?" Mr. Quinton put a sovereign on the table, and said, "Go and get some out of this"—I saw that it was a sovereign—Johnson took it away with his brother Charles—they were away about an hour and a half—he put the gin on the table, and Quinton asked for the change; Johnson said, "What?" he said, "The change for the sovereign;" Johnson said, "It was not a sovereign, it was 6d.;" and he had had to take 2d. out of his own pocket to pay—he walked all right into the room, but after Mr. Quinton asked him for the change, he laid himself
on the floor—somebody said, "Can you afford to lose a sovereign like that?" I said, "I saw that it was a sovereign"—I then went to see if my father had gone; I found that he had, and I went away—I did not go before the Magistrate; I went to the County Court, but not at first; I was not asked to go—I was sent for, on 19th May, and made my statement—I did not know that the case was coming on in the County Court; I thought it was settled—Johnson has not been to me at all—he asked me to give my evidence as slightly as I could for him—I said, "Mr. Johnson, I have spoken the truth, and I will speak the truth"—that was on the last Tuesday of these Sessions—he said it on the Monday, and repeated it on the Tuesday.
Cross-examined. Q. When did you first join the party? A. At the World's-end; my father and I went together—when the gin was sent for, my father and a man named Robert Lane, were rather in liquor—the defendant had had a drop, but he knew very well what he was about; he walked straight—I saw Johnson's daughter in the room—before I went to the County Court, Mr. Quinton asked me to go to the Southwark Police Court; but no one asked me to go to the County Court till Mr. Quinton came with a policeman—I have not seen my father here.
MR. ROBINSON. Q. Was the daughter in the room, at the time the sovereign was laid down and taken up? A. I should not like to swear that.
CHARLES LEWINOTON (Policeman, M 228). On Sunday, 28th March, I was called by Quinton to take the defendant for stealing a sovereign; he was asked for it several times in my presence; Johnson denied having one, and said that he had only given him 1s.—he afterwards said that he had given him a sovereign, and he had spent the change—he had been drinking—he was worse when I first took him—he walked very well to the station—he said, going along, that he had had the sovereign, and had spent the change.
Cross-examined. Q. Where was the defendant given in custody? A. In his own house; he was lying on the bed; it was between 6 and 7 o'clock in the evening—I was not before the Magistrate—this is the first occasion that I have made any public statement about this—when he was lying on the bed, his wife and daughter were in the room, and me and another constable, and Quinton—I persist in saying that he acknowledged having received a sovereign and spent the change—I pledge my oath to that—I first mentioned it when the solicitor first came to me, last Friday—the defendant was not searched—I saw his wife turn his pockets out as he lay on the bed, and there was nothing in them.
MR. ROBINSON. Q. Where did the other policeman walk going to the station? A. Behind with Quinton; I do not know who he was; and I and the defendant were in front.
GEORGE BARNES . I am an officer of Southwark Police Court. I remember this matter coming on—the defendant said that he received 1s. to get some gin—I afterwards heard him cautioned by the Judge, and he repeated his statement that he had received 1s. and not a sovereign.
(The prisoner received a good character.) GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
CHARLES KENNEDY (Policeman, L 181). I produce a certificate of the prisoner's conviction—(Read: "Central Criminal Court, Rebecca Powell, Convicted, June 1855, of uttering counterfeit coin, and Confined six months at Wandsworth ")—I was present—the prisoner is the person convicted.
JOHN CUTTS . I am shopman to Mr. Chantler, No. 141, Lower Marsh, Lambeth. On Monday, 21st June, I was serving in the shop; the prisoner came about half past 8 o'clock, I served her with goods to the amount of 6d.; she gave me in payment a good half crown, I gave her in change two shillings—I turned to serve another customer, and the prisoner said I had given her a bad shilling; I said I had not—she wanted me to change it—she produced a bad shilling; I did not take it up off the counter; I refused to give her another shilling—she went and spoke to a fellow shopman of mine, and he gave her another shilling, and took possession of the bad one that she gave him—I am sure the two shillings I gave her in change were good—on the Friday the prisoner came again, about 5 o'clock in the evening, I knew her; I served her with 4d. worth of bacon and four eggs, they came to 6d.; she gave me a good shilling, and I gave her 6d., which I am sure was good—I tried it in the detector, because I had suspicion of her—when I gave it her, she took the sixpence off the counter, and put it in her mouth, and put down a bad one on the counter with the same hand—she said, "You have given me a bad sixpence"—I took it off the counter, examined it, and found it was bad—I told her it was bad, and that she had taken up a good one, and put down that bad one for it, and that she had been there on the Monday night—she said she had never been there before in her life—I gave her into custody with the bad sixpence.
GEORGE FARRANT . I serve in the shop with the last witness. On Monday evening, the 21st of June, I saw the prisoner in the shop; something was passing between her and the last witness, which attracted my attention, and I went up to them—the prisoner said he had given her a bad shilling, he said he had not—I was rather busy, and, rather than have any confusion, I gave her another shilling—I took the bad one, broke it, and threw it away—I am able to say it was bad—I am sure the prisoner is the woman—I saw her when she came on Friday, and she was given into custody.
THOMAS CROSSCALL (Policeman, L 40). I was sent for to that shop on Friday, 15th June—the prisoner was given into my custody with the sixpence—on the way to the station the prisoner gave me her purse, it contained a good florin, a halfpenny, a farthing, and two duplicates.
ALFRED WELLS (Policeman, L 192). I was in the presence of the prisoner and the female searcher at the station, on the Friday night—the searcher said she had found nothing—I said to the prisoner, "Give it me out of your mouth;" she turned her mouth away from me—I pulled her face towards me, and said, "It is no use, give it to me"—I saw her attempting to swallow something—I took hold of her throat, and at the same time I felt something go down her throat, and I heard it.
Prisoner. When the woman searched me, I took the pin out of my dress, and it was that I had in my mouth; it was the pin that went down and almost choked me; you put your fingers in my mouth, and threw me down. Witness. No, I did not; you were nearly down in your struggling.
Prisoner's Defence. I was not there on Monday night; the shilling I gave him was good; he never tried the sixpence at all, but pushed it towards me; I tried it and found it was bad: the constable that took me knows
that I have lived where I do now for twenty-eight years; he threatened me, and told me I was a desperate liar, and he would serve me out; he said at the station it should be all the worse for me.
GUILTY .— Confined Two years.
MESSRS. TINDAL ATKINSON and POLAND conducted the Prosecution.
GEORGE JOHN FEARIS . I keep the Windmill, in Wyndham road, Camberwell. On the 28th June, I was there, and saw the prisoners enter together, about half past 10 o'clock at night, and Jones, who now gives the name of Nunn, asked for a half quartern of gin; I served him, and he gave me a crown; I gave him a half crown, two shillings, and fourpence in coppers; he put the change in his pocket—Warren was with him—Jones then said, "You seem very short of t sixpences, will you give me two sixpences for a shilling?" I did not look at it, but gave him two sixpences, and put the shilling in the till; he and Warren then left together—I am perfectly sure that the change I gave Jones was good, because I took it out of some particular silver—the prisoners returned in about five minutes; they came in together, and Jones asked me for a pint of porter; he gave me in payment a good half crown—I gave him two shillings, and fourpence in copper—they drank about one-third of the beer, and then he said, "You seem very short of sixpences, give me two more sixpences"—I saw him looking at the money in his hand; he gave me a shilling, and, having my suspicions, I tried it, and it was bad—when I found it was bad, I went to the till, and found another bad shilling (there were other shillings there)—when I found that, I said, "It is too bad to pass two upon me in one night; I shall certainly give you in custody;" Jones said, "If that is the case, I am off," and he ran off as soon as he could—I jumped over the counter, and looked out, but could not see anything of him—I saw the constable on the other side of the road—Warren had not left the house; he did not attempt to leave; he was taken into custody; he resisted very much; we were obliged to have another constable to search him at the bar—I gave the constable the shilling that Jones gave me, and the one that I took out of the till.
Warren. He stated in his deposition that he detained me there, while he fetched a constable. Witness. The constable advised me not to go into the house till he got further assistance; that was about five minutes; there were several of my neighbours in the house.
GEORGE FURNIVAL (Policeman P 249). I went to the Windmill last Monday night week—I looked in and I saw Warren sitting down—I did not go in then—I did afterwards with two other officers—we called Warren to the door, and I said to him, "You are in my custody, I shall take you in and search you;" he struggled violently; it required three of us to search him—I searched him there, as well as I could, and he was taken to the station—he was searched there a seoopd time—while he was at the police station I saw a piece of paper fall from his left hand; an officer picked it up—I saw it opened, and there was this counterfeit sovereign in it (produced).
Warren. You searched me in the public house; why did you not find it there? Witness. We did not search him minutely; we examined his pockets; it must have been up his sleeve I think.
Warren—we tried to search him—I found in his coat pocket a sixpence and 3 1/2 d. in coppers—we did not search him correctly at that time—he resisted very much, and I said the best way was to take him by each hand and take him to the station—I did not go with him; we were surrounded by low Irish people—I went to Jones' house, at No. 11, Elizabeth Place, four doors from Warren's—it is about forty yards from the Windmill—the potman, Summersby, and Mr. Fearis were with me—I directed them to go down the next street to watch—I then knocked at the door of Jones' house; the door was opened in about two minutes—I went through the house into the back yard—Ifound Jones near the water closet, apparently coming from it—I told him he must consider himself in my custody for passing bad money at the Windmill—hesaid he had not passed any, but if he had passed any he had done it innocently—I searched him in the yard, and found on him 2s. and 5 1/4 d. all good; I took him to the station—I found Warren there, and the charge was entered—I saw Warren drop a small paper parcel from his left hand; I took it up; it contained this counterfeit sovereign, rolled in white paper, and then again in a brown paper—I told Warren to pull off his coat; his coat was taken off and then he resisted being searched again—I took from his left trousers pocket a porte monnaie containing 5s. in good money, a 2s. piece, two sixpences, and a bad half crown amongst the other money—after I had found this, I returned to Jones' house—I went to the water closet in the back yard, and in the pan I found a paper parcel—I took it out, and it contained these nine counterfeit shillings (produced)—a small quantity of dry mould was thrown in upon the parcel—these are the 2s. given me by Mr. Fearis.
Jones. There are forty people in the house where I live. Witness. There is a beer shop next door, and there is a break in the fence, any one might come into that yard to the water closet.
FREDERICK SUMMERSBY . On 28th June, I went with Mr. Fearis and the last witness to Jones' house—I went round to the side gate—I got up on to the gate and I could see right into the yard—I looked into the yard, and saw the water closet at the bottom of the yard—I saw Jones come out of it—the last witness was about a yard from the water closet door and he took Jones into custody.
WILLIAM WEBSTER . This shilling passed by Jones and the one taken from the till are bad, and are from the same mould—these nine shillings found in the water closet are bad and eight of them are from the same mould as the other two—this half crown is bad and the sovereign also.
Warren's Defence. As to uttering the bad shillings I am perfectly innocent of it—I had been out all day, and I met this man, who asked me to have something to drink—I know nothing of uttering the money—I never was in this man's house in my life—I started from home in the morning, and disposed of goods for 19s. 8d. I received a sovereign, and took it to a pawnbroker's, and took out an article for 5s. He paid me 15s. in half crowns. I then returned home, and sold a pair of boots for 5s., receiving two half crowns, and if that was a bad half crown that I had, it was given me in that way.
NUNN— GUILTY .
WARREN— GUILTY .— Confined Twelve Months.
PLEADED GUILTY — Confined Eighteen Months.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
HUGH MOODY . I keep a greengrocer's shop, at No. 7, Waterloo Road. On Saturday, 12th June, the prisoner came, between 10 and 11 o'clock at night—she asked for half a peck of peas; I served her, and she gave me in payment a shilling—I was about looking at the shilling; a bunch of turnips laid there, and she asked me how I sold them, and said she would have 1d. worth; that drew my attention from the shilling, and I put it into my pocket—I had not sufficient coppers to give change, and I sent the boy for 2s. worth of coppers—theprisoner seemed very anxious to get away, and she had 1lb. of potatoes—I still had not sufficient change, but a neighbour came in, and I got from her 2 1/2 d., which I gave the prisoner, and she went away—directly afterwards I found the shilling she had given me was bad—I put it by itself in the cupboard, away from other moneys—On Monday night, the 14th, the prisoner came again, just after I had lighted the gas, about half past 9 o'clock—she asked for a quart of gooseberries—I knew her before I went out to serve her—Iserved her, and she tendered me another shilling; I found it was bad—I told her so, and that I had got the one that she gave me on the Saturday night—she at first denied having been there on Saturday night, but I told her she had, and I enumerated the articles she had had, peas, turnips, and potatoes—shethen owned to purchasing half a peck of peas—a constable came up, and I gave her into custody, and gave him the two shillings.
Prisoner. I did not deny having been at your shop; I denied giving you a bad shilling. Witness. She said she had not been there on the Saturday night—I told her I could swear to her, and she then said she had half a peck of peas—I put the shilling she gave me in my right hand waistcoat pocket—the two shillings that I gave the boy to get change I took from my trousers pocket.
JOHN VICARY (Policeman, L 96). I was called to this last witness's shope on the night of 14th June, and the prisoner was given into my custody—the witness gave me these two shillings—the prisoner said she had not been there on the Saturday night—she would not give her address, or her name—1s. 6d. in good silver, and 1 1/4 d. in copper was found on her.
GUILTY .*— Confined Twelve Months.
Before Mr. Justice Williams.
725. ROBERT POWELL (40) , Charged with the wilful murder of Walter Edgar Black. On the evidence of Mr. John Rowland Gibson, surgeon of Newgate, the Jury found the prisoner INSANE, and unable to plead. — Ordered to be detained during Her Majesty's pleasure.
ADJOURNED TO MONDAY, 16TH AUGUST, 1858.