CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. TENTH 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, August 16th, 1858.
Before Mr. Common Serjeant and the First Jury.
MR. SLEIGH conducted the Prosecution.
CHARLES SADLER . I live at No. 3, Churton Street, Pimlico, and am a teacher. In the year 1842 I knew the prisoner—he was paying his addresses to my sister for three or four months; I was in the habit of seeing him constantly. On 30th October, 1842, I was present at the pariah church of Upper Chelsea, Middlesex, when he was married to my sister, Mary Ann Sadler—after the marriage, my sister and he lived together. I was frequently in the habit of seeing them—he removed from our place for about a week, and took apartments, and then he removed back to my mother's house and lived with us. I was in the habit of seeing him for about four years after the marriage—I have no doubt whatever about the prisoner being the man that was married to my sister; he ceased to live with her about 1846.
Prisoner. Q. Will you swear distinctly that I am the party that married your sister? A. I have done so already. I cannot tell what age you were then—I did say you were from 19 to 20, as far as I could judge from yourappearance—I have never seen you since 1846—I cannot say whether my sister has—I have not heard that she has—I was not at home at the time—my sister is not here.
MR. SLEIGH. Q. When did you last see your sister alive? A. This morning.
CORDELIA MILLS . I am the wife of George Mills, and reside at Cathron, in Surrey—I was at the church in 1842, when my sister Mary Ann was married—the prisoner is the person to whom she was married—I had seen him three or four months previously to the marriage, and I saw him for about four years after the marriage—I have not the least doubt he is the person.
Prisoner. Q. When did your sister see me last? A. I think you called three years after you left her—you left her about 1846, and it was three years after that that you called, but she never spoke to you; she only saw you for a few moments—I saw you on that occasion; you called to see her, but she would not see you—I have never seen you since—you are the man that married my sister in 1842—I went to the church with you—it was Trinity Church, Upper Chelsea. I cannot say exactly what age you appeared to be at that time; I should imagine 19 or 20, or perhaps more.
MR. SLEIGH. Q. Where did he live with your sister after the marriage? A. In my mother's house; I was at home then, in the same house, living under the same roof—he neverprovided a house for my sister—we were very much deceived indeed.
Prisoner. Q. Have you not stated that I was a relative of the Earl of Harrowby's? A. No, I never stated that a sister of yours was an aunt or a relative of his—I heard that you had a brother-in-law, a canon of Lichfield, but I know nothing of it, except what I heard from yourself—you brought a gentleman to our house, who you said was the Rev. Canon Rider.
GEORGE MILLS . I am the husband of the last witness—I was not present at the marriage—shortly after the marriage I saw the prisoner and my wife's sister living as man and wife, at her mother's house—I was married to the last witness in 1844, and from '44 to '46 I know them living together as man and wife. I have no doubt whatever of his being the husband of my wife's sister.
Prisoner. Q. You have heard me ask your wife whether I was a relative of the Earl of Harrowby's? A. Yes, I know nothing whatever about it—I never saw the gentleman called the Rev. Canon Rider—I cannot tell what age you were at that period; I should say you were about 19—I mean in 1844.
COURT. Q. Did you see him at all between 1846, and the time when he was in custody on this charge? A. Not at all—I lost sight of him entirely.
ANNA MARIA FROGGATT . I am now living at my father's house at Sheffield—I became acquainted with the prisoner in 1847 at Preston, where I was on a visit to some friends. In November that year I accompanied him to Gretna Green—he had previously made a proposal of marriage to me. I had not the least idea that he was a married man—we were married at Gretna hall by the Rev. Mr. Linton, by special licence—the marriage ceremony was read by the Rev. Mr. Linton, as it is in a church,—the prisoner declared himself a single man—I don't remember distinctly what was said on the occasion, but we were legally married—we declared ourselves single persons, and Mr. Linton declared us to be husband and wife.
COURT. Q. Was any question asked of either of you, as to whether you wished to be married? A. Yes, he asked if we were willing to be married.
MR. SLEIGH. Q. Did he ask each of you if you were willing to be married? A. Yes, and we answered, yes—we agreed to be husband and wife, and the ceremony was then gone through; and after the ceremony was gone through, Mr. Linton declared us to be man and wife. We were legally
married according to the laws of Scotland, which laws are recognised by the laws of England. When Mr. Linton asked us if we were willing to be married, we consented—I said, "I take you to be my husband," and the prisoner consented to take me to be his wife—he said so distinctly—we afterwards lived together as man and wife, and continued to do so till 1851. I had one little girl by that marriage; she is about 9 years of age. In 1851, the prisoner deserted me in Liverpool—I never saw him since, until he was in custody. At the time he married me, he passed by the name of Marco Emile de St. Hiliare. I have my marriage certificate here (produced)—this is the prisoner's signature, "Marco Emile de St. Hiliare,"—I saw him sign this—this, "Anna Maria Froggatt," is my writing—this was signed by him at Gretna hall. The Rev. Mr. Linton gave me this certificate—( Read: "Kingdom of Scotland, county of Dumfries, parish of Gretna. These are to certify, to all to whom these presents may come, that Marco Emile de St. Hiliare, of the parish of Montmorenci, in the county or department of the Seine, France, and Anna Maria Froggatt, of the parish of St. Philip, Sheffield, Yorkshire, being now here present, and having declared themselves single persons, were this day married, agreeable to the law of Scotland; as witness our hands at Gretna hall, this 15th day of November, 1847, Marco Emile de St. Hiliare, Anna Maria Froggatt; witnessed by John Young, John Linton, and Jane Linton.") There was also a notice of the marriage in the newspapers.
Prisoner. Q. What age was I in 1847? A. I do not know—you stated yourself to be 24 years of age—I thought you appeared to be about 30. I knew you about six weeks before our marriage—the last time I saw you was on 18th November, 1851. I made enquiries as to the legality of the marriage—I enquired of several parties; I cannot tell of whom, a long time has expired—I have letters that I received from Mr. Linton, assuring me that it was a legal marriage. Mr. Linton and his sister were present at the marriage—I did not know Mr. Linton before.
MR. SLEIGH. Q. What did the prisoner himself say to you about being married at Gretna Green; did he tell you it was a legal marriage? A. Yes, he said he had made every inquiry, and the marriage would be perfectly legal and binding.
HENRY ALLEN . I am the prosecuting officer to the Associate Institution for the enforcing of the laws for the protection of women. I went to Scotland two or three months ago, and obtained this paper from Gretna Green (producing one.) I compared it with the original register kept there, and it is a true copy—it was given me by a Mrs. Linton—Mr. Linton who performed the marriage, is dead—I also went to Trinity Church, Chelsea, and obtained a copy of the marriage register there; I compared it with the original, and it is a true copy.
Prisoner. Q. Who directed you to commence this prosecution against me? A. Mr. Shane, of the firm of Shane and Roscoe, Bedford Row; they were instructed by the Associate Institution, of which I am the officer—I do not know who the person was who originally directed the Society to prosecute you; they did not give me the directions; the directions came through the committee of the Society, and Mr. Shane. I have not seen any of the members of the Society in Court to-day.
ROBERT STUART, ESQ . I am a member of the Scottish and English bar—I practise in Scotland, and am conversant with Scottish law—I have heard Miss Froggatt examined here to-day—I have heard her describe what took place at Gretna hall between her and the prisoner—I have no
hesitation in saying that that would constitute a valid marriage in Scotland.
COURT. Q. Does it not depend upon whether the intention of the parties went with the words that were spoken and the acts that were done? A. Yes; the intention of the parties is material certainly; they must intend that what is said and done should issue in a marriage, and that they should be man and wife in consequence of it; they must really deliberately intend and consent to take each other as man and wife. I should mention that this constitutes what is called an irregular marriage—a regular marriage is, as it is here, by the publication of banns—but this is a perfectly good marriage with regard to all the rights of the parties—the substance of a contract in marriage, as in everything else, is the intention of the parties; it does not depend upon the intention of the man—if the prisoner and Miss Froggatt went through a form of marriage, the meaning of which was that they took each other as man and wife, and if there was good faith on the part of Miss Froggatt, and she intended to take him for her husband, and he went through a form supporting her in that intention and belief, and the facts were such as she has spoken to, that would be, although an irregular, a perfectly valid marriage. I do not think his intention is so material, under the circumstances of the case; it has been decided in Scotland that where there is what is called a mid impediment—that is, where the man has refrained from acknowledging the woman, and, in the meantime, married another person in the regular way, and then the second wife died, and he afterwards married the person with whom he contracted the irregular connexion, her good faith alone had the effect of legitimizing the offspring.
(The prisoner, in a very long defence, entered into the circumstances of a previous prosecution for an offence of which he was convicted, and asserted that that, case, as well as the present, was the result of a conspiracy against him on the part of Mr. Baxter Langley, and other members of an Italian confederation, whose enmity he had, aroused by denouncing their schemes of assassination. He denied that he was the party that married Miss Sadler, and stated that he was in Paris at the time, which he could have proved if time had been allowed him—he also denied that he had ever seen Miss Froggatt before he saw her at Bow Street.)
Prisoner, to MISS FROGGATT. Q. How came you to come from Sheffield to London?—who informed you that I was a prisoner here in London? A. I received a letter from Mr. Shane, the solicitor—I have not got it with me. I was brought up as a witness—I was alone when I came to the prison—I went to Coldbath-fields with Mr. Langley.
MR. SLEIGH conducted the Prosecution.
MARGARET MURRAY . I became acquainted with the prisoner at Sligo, in Ireland, in 1853—I knew him for about ten or twelve months before I married him—he was living in Sligo during the whole of that time—he was practising as a doctor, and lecturing—he was passing by the name of Dr. Tucker. He married me at the parish church of St. John, Sligo, on 5th March, 1853, by a clergyman in the usual way—he represented himself to me as a single man—he lived with me for almost three years after he
married me—the result of that marriage was a child, who it still alive. He left me with my own consent—he returned, but only stayed one day—he left because he said he could not earn money in Dublin, but he could elsewhere.
Prisoner. I admit the truth of her evidence.
HENRY ALLEN . I went to the parish church of Sligo, in Ireland, and obtained a copy of the marriage register there—I compared it with the original; it is a true copy. (This certified a marriage between Alessandro Borromeo and Margaret Murray, by licence.)
Prisoner. Although I was practising under the name of Dr. Tucker, Miss Murray and every one in the town knew me by the name of Borromeo.
MISS MURRAY. I married him in the name of Borromeo; he was known by the name of Tucker—we were married by licence. I was entitled to 250l. which the prisoner had from me.
GUILTY .— Four years penal servitude.
(MISS MURRAY stated that the prisoner had ill-used her after their marriage, and MR. SLEIGH stated that the prisoner had also married another lady, whom he had ill-used and deserted.)
PLEADED GUILTY .*— Confined Fifteen Months.
PLEADED GUILTY . (The prisoner received a good character.)— Confined Twelve
MR. SLEIGH conducted the Prosecution.
JOHN GEORGE PUTNEY (City policeman, 496). On Sunday, 11th July, a little after 2 in the afternoon, I was on duty in Queenhithe, and saw the prisoner coming from one of Mr. Drew's warehouses on the wharf; he was in the act of closing the door—I knew he was the Sunday watchman there. I saw him stoop as though he was placing something on the ground; I could not see what he was doing—I was about twelve or fourteen yards from him—there was a van in front of the door at the same time. I saw a female standing in Queenhithe, about twelve yards from the warehouse door—it was the prisoner's daughter—I afterwards took her into custody about 200 yards off, and found about 6lbs. of flour in her possession, tied up in a bag, and an old handkerchief or duster—the prisoner remained on the wharf.
Cross-examined by MR. RIBTON. Q. Did you weigh the flour? A. Yes. I cannot tell how many warehouses there are on the wharf—I was sent on duty there by my Inspector. I swear I saw the prisoner come out of the warehouse; it is a tin and copper warehouse, but there were some bags of flour there.
WILLIAM NORMINGTON (City policeman, 486). I was with Putney. I saw the prisoner come out of the warehouse, turn round, and close the door after him—I walked away with Putney, and he took the daughter into custody. I afterwards went back and took the prisoner into custody—I told him he must go to the station with me, and asked where he got the
flour from that he gave to his daughter; he said he had bought it, and he had bought bread of the same person on a Sunday morning. I asked what he was doing in the warehouse—he said he was not in the warehouse. I asked where he bought the flour—he said he bought it of a man, but he could not tell me who he was; he said he should not know him if he saw him again.
Cross-examined. Q. When you first saw him, was he not at the threshold of the door? A. He was not; I saw him come right out of the warehouse, and close the door.
EDWARD ROBINSON . I am foreman to Augustus Drew Harding, of Bell Wharf, Wharfinger. The prisoner was employed as a watchman on the Sunday—he had no right whatever to be in the warehouse—the keys are kept hanging up in the counting-house—the prisoner could get access to them by opening the window, and getting in—there was flour stored in this particular warehouse—I have examined the flour produced; I believe it formed a portion of the flour in our stock, by the appearance of it—I could not swear to it. I have examined and weighed some of the sacks in the warehouse, and found 3 sacks out of 10 in one consignment deficient to the extent of 9lbs., 7lbs., and 61bs. I saw that the warehouse was locked on the Saturday night, and the keys hung on the usual nail.
Cross-examined. Q. How long was the prisoner in the service? A. He has been there, on and off, ever since I have, which is a year and nine months—he was employed as a labourer during the week, and on Sundays as a watchman—the flour came from Snake, in Suffolk. 2 sacks in another consignment were alao short—sacks never come to us short—I never knew it
NOT GUILTY .
NEW COURT.—Monday, August 16th, 1858.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
THOMAS DURDANT PEAD . I am a Silk Mercer in Friday Street; I have partners. On 31st July, about half past 12 o'clock, I saw the prisoner run out of my door—I followed him, and took him—I brought him back into the warehouse, and found on him 40 handkerchiefs—he tried to put them back on the pile, and they fell on the floor—I took them up, they were worth 2l. 12s.—these are them.
*GUILTY .— Confined Fourteen Days , and sent to a Reformatory for Three Years.
734. ISAAC JACOBS (32) , Unlawfully and corruptly taking from John Willey 7l. 10s., under the pretence of aiding him to recover a watch stolen from him by a person unknown, he not having caused the said person to be apprehended.
MR. HOBBY conducted the Prosecution.
JOHN WILLEY . I am an outfitter, and live at Leeds. On Thursday night, 8th July, I was at the Crown Tavern, in Cranbourn Passage about half past 10 o'clock—I was rather affected by drink. I lost a gold watch—I don't know how I lost it—I am certain I had it when I went into the public house—I saw it about ten minutes before I missed it; it was in my waistcoat pocket—it had an Albert chain attached to the watch, and the chain was, through the button-hole of the waistcoat—when I missed the watch, the chain was gone with it, and my waistcoat was open. On the following morning, I went to the same tavern, and spoke to the landlord about it—there were several parties in the room—I offered the publican a reward of a sovereign first, and there were persons present who could hear me. I believe I saw the prisoner there—he came in while I was speaking about the watch—he sat down for a short time when he came in—the landlord spoke to him; he told him about the affair altogether, he said, "This fellow lost a watch here last night, do you think it can be got back again?"—the prisoner said he would go out and see for it—the landlord asked him how much he thought it could be got back for—the prisoner went out to look for it; he came back when he had been absent about ten minutes; he said it could be got back for 7l. 10s. I said, "That is too much money, you must say 5l." I at last agreed to give 7l. 10s., and I went out with the prisoner to Mr. Walker's, in St. Martin's Lane—I there got change for a 10l. note, and gave the prisoner 7l. 10s—when I gave him the 7l. 10s., he said, "The watch will be at Massey's in about ten minutes"—he did not say how it was to come back, nor who was to bring it. I went to the house about 2 o'clock, the barmaid made a communication to me. I received from her this parcel, containing my watch—this is my watch which I lost. I saw the prisoner about ten minutes after I had the parcel delivered to me. I showed him the watch, and said, "It is come back again,"—he said, "I told you it would come back in a short time"—the chain was not with the watch; I had got the chain from a friend who was with me, and who seized the man who stole the watch.
Cross-examined by MR. SLEIGH. Q. Did you not say that you had lost this watch? A. Yes—I had been out all that evening—I had been to a public house or two. I went to the police station about the watch—I did not give Mr. Pollick in custody on a charge of stealing it, nor any person—I did not tell the Inspector that I did not believe it had been stolen at all, but that I thought I had lost it; nothing of the kind—I told the Magistrate I had lost it—it was the next morning when I went to the public house and saw the prisoner. I changed the 10l. note at Mr. Walker's—no one was present when I gave the 7l. 10s. to the prisoner; I gave it him in St. Martin's Court.
WILLIAM POLLICK . I am a carver and gilder; the prosecutor is a friend of mine. On the 8th of July I was with him at the Crown public house—he was very much intoxicated—he seemed to be asleep. I saw a man in the room go up to him and stand over him—I saw that man had a guard in his hand, and I said, "You are robbing the man." I laid hold of him, and took the guard from him and gave it to Mr. Massey—I collared the man, and others interfered, and he got away; but I took the guard out of his hand.
Cross-examined by MR. T. SALTER. Q. Had you been to a number of houses with the prosecutor that night? A. Yes: to three or four other houses besides Massey's—we went out in the morning, and had been drinking in various houses—this might have been about 12 o'clock. I won't swear that I saw the man drawing the watch away—I saw the guard in his hand, and I took it from him. I should think seven or eight persons were present—this was at Mr. Massey's in Cranbourn Alley—the prosecutor was on the floor at the further side of the room. I was charged with stealing the watch by several persons in the room—when the prosecutor heard of it he gave me in custody. I woke him up, and several parties said to me, "You have robbed your friend yourself"—I told the prosecutor what I had seen, and yet he insisted on giving me in charge. I was taken to the station by my own wish as well.
MR. HORRY. Q. Was it after these persons said that you had stolen the watch, that the prosecutor gave you in custody? A. Yes: I did not notice that the man who took the watch guard was in company with any of the other persons in the room.
GEORGE MILSTEAD . On Friday morning, the 9th of July, I was at Mr. Walker's public house, in St. Martin's Lane—I am barman there. I saw the prosecutor come in with the prisoner, between 1 and 2 o'clock—the prosecutor asked for Mr. Walker—he was up stairs, and I called him. I don't know what took place afterwards.
Cross-examined. Q. This was between 1 and 2 o'clock on the Friday? A. Yes. Mr. Willey came in; I had seen him before—I did not take particular notice of him—he went up stairs with my master.
WILLIAM GLASS , (Policeman C 83.) I took the prisoner in custody—I told him he was charged with receiving 7l. 10s. for the purpose of restoring a watch—he said, "I know nothing about the watch, neither have I received any money;" but afterwards he said, "Massey asked me in the morning to see what I could do about getting that man's watch back, and so I have got myself into this trouble." I searched him, and found 8 sovereigns, and one half-sovereign—I took him about 3 o'clock in the afternoon, on Friday the 9th of July.
GUILTY .— Confined Six Monts.
735. GEORGE JAMES BUCHANAN,(19) , Unlawfully obtaining 36 yards of silk, value 8l. 5s.; also attempting to obtain 66 yards of silk, value 15l. 12s., of William Cook, and others, to which he PLEADED GUILTY .
(The prisoner received a good character.)— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
FRANCIS HENRY CAPPELL . I live at No. 28, Northampton Square, and am a merchant's clerk. On 30th July, about 6 o'clock, I was going down Goswell Street—I saw some persons looking in at a public house, I looked in too, and I saw the prisoner next to me—I saw that he was watching me, and on a sudden I missed my watch—I saw the prisoner close by me, and I seized him; he said, "I have not got your watch." I saw him hand the watch to a lad in the company—I detained the prisoner.
Cross-examined by MR. PHILIPPS. Q. What were you looking at? A. At a Camelion—I charged the prisoner with stealing my watch, and he said, "I have not got your watch"—my watch was in my right hand waistcoat pocket. I was not in the middle of the crowd, I was outside—the guard of my watch was hanging down—the crowd was on the left side of me—I had hold of the prisoner when he handed the watch over—I know it was
the watch, because I saw it I did not feel anything at my pocket. I saw a watch in the prisoner's hand—I could not say it was my watch.
MR. COOPER. Q. When had you seen your watch? A. Just before I went into the crowd.
GUILTY .— — Confined Six Months.
PLEADED GUILTY . (Recommended to mercy by the prosecutor.)— Confined
OLD COURT.—Tuesday, August, 17th, 1858.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .**— Confined Nine Months.
WILLIAMS PLEADED GUILTY .*— Confined Six Months.
MR. COOPER conducted the Prosecution.
JOSEPH RICH . I am a lithographic printer, of 21, Albion Buildings. On the evening of 21st July, about half-past 8, I was passing along Aldersgate Street, and saw the two prisoners at the corner of Mr. Woolmer's shop—a man was with them—Groom and the man were standing by the side of a pile of goods, forming a sort of corner—Williams was behind them. I saw her put her hand from behind them and take a piece of goods—Groom and the man then walked arm-in-arm a short distance down Aldersgate Street, Williams followed them. I spoke to Hancock, the policeman, and saw him take the women into custody.
Cross-examined by MR. HORRY. Q. Had Williams a child with her? A. No, they were all three close together, they touched one another—they had got as far as Jewin Street before I spoke to the policeman—when they got to Jewin Street, the man and Groom separated, and Williams and Groom spoke to each other. I saw nothing done with the print.
EDWARD THOMAS FREDERICK HANCOCK (City policeman, 229,) On the evening of 21st July, I saw the prisoner and a man in Jewin Street; I had been following them for some yards, when the last witness came and spoke to me—I saw that Williams had something under her shawl; the man said something to the women, and they turned into Wells Street; and I saw Williams take this piece of print from under her shawl and hand it to
Groom: the man walked about two doors farther up towards Red Cross Street, and stood still. Groom turned her back to me and stooped, as if in the act of hiding the print. I then ran across and took hold of them both by the arm—Groom slipped her shawl in my hand, and wrenched herself away from me, and the print dropped from underneath her clothes; she ran away—I kept hold of Williams—I saw no moro of the man—Williams was stopped in Red Cross Street, and I took her into custody there.
JOHN WOOLMER . I am a draper at 73, Aldersgate Street, in partnership with my father; this piece of print is ours; it was taken from a pile at the door on the 21st—I had seen it safe within five or ten minutes before it was taken—the pile was secured by an iron chain passed in and out of the pile to a post at the back—I can swear to this by our mark on it.
GROOM GUILTY of receiving— Confined Four Months.
MR. SLEIGH conducted the Prosecution.
GEORGE JAMES PEERS . I reside at 58, York Road, Lambeth—I was foreman to Mr. Lyons, a tailor, of 101, Fleet Street, till Thursday evening last—I have known the prisoner for some years; he had been in the same employment with me. On Wednesday, 28th July, about 12 or 1 o'clock in the day, I saw him in Bride Lane—I told the boy to run across and tell him I wanted to speak to him; he came—we had some conversation, and went round the corner to the Red Lion; I had about 8l. 3s. in money about me; it was loose in a small cash pocket in my trousers—these are the trousers I had on at the time, this is the pocket; there is a flap over it and a button: in order to get at the money I have to unbutton the flap—we had two glasses of ale a-piece at the Red Lion—the prisoner paid for it. I should say we were there about a quarter of an hour—we then went back to the shop together—we stayed there about half an hour. I was perfectly sober at the time I went to the Red Lion, I had had nothing to drink that morning previously to that; after being about half an hour at the shop we went to the Bell, in Fleet Street; we stayed there about a quarter of an hour—I had either one or two glasses of ale, and a glass of gin and bitten—I paid for it. I took the money to pay for it out of this pocket—I took out sixpence—I did not take out the money loose—I only paid for the last we had, the prisoner paid for some—at the time I paid the sixpence I am sure that my money was safe in my pocket—while we there we ordered dinner for two, to be ready at 2 o'clock; we then left—as we were coming down the passage he said to me, "Will you have a pinch of snuff?" I took a pinch, and we both went across the street to the shop door; and at the shop door he left me—he offered me the snuff out of a piece of paper—I took the pinch and was taking it as we were coming across the road—he left me directly we got to the shop door—as soon as I got to the shop door I lost all consciousness; the last thing I remember was being at the shop door—I do not remember anything more until I was woke up—I do not remember how I got into the counting-house—I found myself there when I recovered, lying on the floor—Leech the errand-boy, and a man named Grady were there then—I found my waistcoat all unbuttoned and my pocket turned inside out where I had had my money; the money was all gone, except three halfpence that was on the floor. I saw nothing more of the prisoner until he was in custody on the Friday morning—I went to the address he had given me, but I found no such person there. The counting-house
is about 60 feet from the shop door; it is right through the shop, at the back.
Cross-examined by MR. PEARCE. Q. How long have you known the prisoner? A. Between four and five years—we were not exactly fellow shopmen—we worked for the same master, but at different shops. I never heard anything very first-rate of his character—since he has left Mr. Lyons I have heard a good deal: he has a bad character for honesty, being connected with thieves and receivers of stolen goods—I am not aware that he was ever charged—the stolen goods I refer to are watches; it was Mr. Lyons, my employer, who gave me that information—he is not here—he has given me that information several times within the last eleven months—I did not pay much attention to it. I sent the boy over to fetch him because I had known the man so long that I took an interest in him, as he had been out of work so long, and he told me he was going into partnership with a man named Brett—I wanted to know how he was getting on as regards the partnership—I had heard of it some time before, from himself, at the shop. He was not frequently in the habit of coming to the shop. He was about four years in Mr. Henry Lyons' employ—he then left, and went to Mr. Simeon Lyons' in the Borough—I know of the prisoner having brought an action against Simeon Lyons, which was tried in July; he told me that he had recovered 50l. damages, but I have since been told that he only recovered 42l.; he told me he had received the money—I expect it was with that money he was going into partnership with Mr. Brett—Mr. Brett's shop is in Fleet Street, nearer Temple Bar than Mr. Lyons'. I live in the York Road—I am a householder; I swear that—I rent the house—I am married; I have been married about five years; I was married at Waterloo Church—I let lodgings to such lodgers as I can get; not to ladies that come there for short periods—sometimes I have had ladies there—I have rented the house twelve months—before that I lived at 110, Fleet Street—I have three rooms; one is let to Mr. Franklin, the steward of the Oriental Club, and the other to Mr. Clifton, a commercial traveller—they were there last night. Mr. Lyons' shop is about half a dozen doors from the police station. I did not give any information of this robbery to any policeman till the next morning, but information had been previously given by Mr. Lyons—I myself gave information to a policeman on the Thursday morning, at Fleet Street station; that was not to the policeman who took the prisoner into custody—I gave the information to Shelford. It was about 12 o'clock in the day that the prisoner first came over to the shop—it was about ten minutes or a quarter past 2 when I recovered my consciousness. I did not remain at the shop a minute afterwards—I did up my things and ran over to the Bell to ask if he was there at dinner; after that I went home—I had not got a penny about, me with the exception of the three halfpence. I had two pair of old trowsers and a waistcoat at the shon, and I sold them to a Jew, and took a cab and drove over to my sisters—I sold the things to pay for the cab, and went over to my brother-in-law's house in the Waterloo Road—he is a carman. I then went home. I stopped at my brother-in-law's all the afternoon—it was night before I went home—next morning I gave information at Fleet Street station. I do not know how long the prisoner has lived at Apollo Buildings, Walworth—he tells me he is married and has five children—I never visited him but once, and that was when he was at the New Cut, at Mr. Lyons' other shop—I knew him then to be a married man, with a family. The first public house we went into was the Red Lion, in Poppin's Court, Fleet Street—our shop is next door but one to Poppin's Court, and the Red Lion is the
first house in Poppin's Court. I do not know Mr. Wilding, a butcher. There was no person there drinking with me—I swear that—there were several persons in front of the bar—there was no one drinking with me at the Bell. I do not know Mr. Booth. I do not remember as we were coming out of the Bell the prisoner speaking to a person who was going in—I recollect when the glass of gin and bitters was called for, the prisoner going out at the back door and coming in again in about two minutes; that was the only time he left me—I did not see him speak to anybody as he came out. On the previous night, Tuesday, I was at the Bell after business, to smoke a pipe, as I often did—we usually shut up at 9 o'clock—I did not tell the prisoner that I was out the greater part of the previous night—I might have said, "I was over here last night." Our shop is now closed; there was not sufficient business to keep it on—it is a ready made and bespoke shop—we keep an order book and a small cash book, that is here—I paid over to my matter the money I received, either on Saturday night or Monday morning—I had received 8l. 3s. that week. It is not an unfrequent occurrence for me to be a little intoxicated—I have been so, but always have been able to take care of myself. I am not a snuff-taker—my master has spoken to me several times about being intoxicated—sometimes I have had a little drop too much at the Bell, and sometimes at the Red Lion—I have never been intoxicated in the counting house before that I reoollect—I have been asleep there, not from stupefaction; I have been asleep in the counting house from the effects of drink, in the daytime. It was the barmaid at the Red Lion who served me, and Mr. Hadland the landlord; and at the Bell it was Mrs. Jervis the landlady—I had no money in my waistcoat pocket—I did not ask the landlady to give me credit, nothing of the sort, I swear that; nor did I ask anybody to give me credit—the person who served me did not say, "You had better go home, and do not drink any more till you have had something to eat"—no observation was made at either public house about my being drunk.
MR. SLEIGH. Q. Is there the slightest pretence for insinuating that you keep a brothel or anything of the kind? A. Not that I am aware of; certainly not. It was immediately after taking the pinch of snuff that I became stupefied—I never felt similarly before—it was a different sensation to any I had before experienced.
JURY. Q. You say you had collected the 8l. 3s. that week. A. Yes, that was the money I had in my pocket—I spent a portion of the 3s.—I had about 7l. in gold—if I had had the dinner I should have had to pay for it out of my master's money.
MR. SLEIGH. Q. What were your wages? A. 1l. 7s. a week, and a commission on all business done—I had the privilege of taking my wages whenever I thought proper. Mr. Lyons was not there much himself.
JAMES LEECH . I was errand-boy to Mr. Lyons in Fleet Street when this matter occurred—I had been employed there ten months. On Wednesday, July 28th, Mr. Peers told me to go across the road and call the prisoner—I did so—at that time Peers was perfectly sobers—he and the prisoner went over to the public house—afterwards I saw them crossing the street together, coming home. I saw Peers take some snuff—I did not see who gave it him, and I saw him come up to the door—the prisoner was with him—when he got to the door he left him—directly Peers got into the doorway, he became senseless—he went as far as the counter; I helped him from the counter into the counting-house, and there he laid down on the ground, and appeared to be asleep. In about half an hour the prisoner
came in and asked for Mr. Peers—I said he was not at home (he was, in fact at that time, in the counting-house); he went away, and returned in less than five minutes, and said he wanted to see Mr. Peers about the dinner—I then went into the counting-house to see if I could wake him, and the prisoner went with me; he went into the counting-house—Peers was still on the ground in the same state; I shook him and tried to wake him; the prisoner said it was no use, and I was to let him sleep and go and mind the door—I did not do so—the prisoner stood leaning against the door-post—a man came into the shop and wished to see Mr. Lyons, and I went into the shop to him: I was in the shop talking to him less than five minutes; during that time the prisoner was in the counting-house with Peers—I could not see into the counting-house, while I was talking to the person in the shop—when that person went away, the witness Grady came in with a coat; he put it on the counter and asked me where Mr. Peers was—I said he was in the counting-house with Mr. Shire—Grady went towards the counting-house, and the prisoner came out almost directly: he said as Mr. Peers could not have his dinner, he would go over to the Bell and pay for it, and send it over to me and Grady; he said, "I suppose you will have it?" we said "Yes," and he went out. When Peers came into the shop, his waistcoat was buttoned at usual—I and Grady together roused him up; that was after the prisoner had gone—when I went to rouse him up, his waistcoat was unbuttoned and his pocket turned inside out: I mean the cash pocket (pointing it out)—I succeeded in raising him then; I did not leave the premises at all while the prisoner was there, No one besides the prisoner, Grady, and myself went into the counting-house while Peers was there, no one came into the shop—no one could have gone in without my having seen, them.
Cross-examined. Q. When did you leave Mr. Lyons? A. I have not left him: I have gone to the other shop—there was no one in the shop at Fleet Street but Peers and I—I did not sell goods: it was very seldom that people came in while Peers was away; if they did, I tried to serve them—I have not sold goods in Peers' absence above once—I saw a coat sold that week—I was not with Peers all the week, because we were without a boy At the other shop, and I had to be backward and forward from one shop to the other. I was there part of the Tuesday—it was on the Monday that I saw the coat sold, that was sold for £1—we had no cash-box or till; Peers kept the money by him—I knew Shire first by being shopman to Mr. Lyons in the New Cut; I do not know how long he was there—I have seen him at the shop in Fleet Street occasionally—I had not seen him there for two months before this Wednesday. It was about 12 o'clock when Peers told me to call the prisoner over, and it was about half-past I that he was in an unconscious state; I am quite sure of that—I have never seen Peers in a state like he was then; not so bad, not like he was then—I have not known him to be asleep in the counting-house, for hours together; I never knew him to be asleep there—he has not been drunk above once or twice; he had never been asleep in the counting-house before—I have seen him there drunk once or twice—I saw him and the prisoner come over from the Bell; I did not see the prisoner go back to the Bell after he came and asked for Peers; I did not see where he went to—I heard Peers tell him that he expected Mr. Lyons there; that was soon after he came over to speak to him, before they went to Poppin's Court—when the prisoner came first to the shop after Peers was in the counting-house, he asked if Peers was at home, and I told him "No;" that was an untruth—Peers did
not tell me to say that he was not at home, I swear that—I had not before that been into the counting-house and shaken Peers; I did not go in till afterwards—I could see as Peers came across the road that his waistcoat was not unbuttoned: I looked at his dress, if it had been unbuttoned, I should have noticed it—we used not to have any particular dinner hour; we used to get it when we could—Peers used to have his dinner about twelve o'clock; I used to fetch his dinner, and he had it in the shop—I did not tell the prisoner the last time he called that I had been trying to get Peers up, or that I had been pulling him about: nothing of the kind—Grady did not say anything to that effect.
MR. SLEIGH. Q. Where is Mr. Lyons' other shop? A. 72, Lower Marsh, Lambeth, that is where I am now—I told the prisoner that Peers was not at home, because I had heard my master say he would not have him in the shop: that was said soon after the prisoner left the service.
JURY. Q. When Grady came into the shop, did he go sufficiently near the counting-house to touch Peers? A. No, not till I went with him—there was a counter between Peers and Grady—I think Peers must have been nearly three-quarters of an hour on the floor before I roused him—when the prisoner went away, after leaving Peers at the door, he went towards Farringdon Street, not towards the Bell.
THOMAS GRADY . I live at 19, Dean Street. I am a tailor, and work for Mr. Lyons. On Wednesday afternoon, 28th July, I went to Mr. Lyons' shop with a coat that I had made up—I did not find Peers in the shop; he was in the counting-house—I went to the door of the counting-house—there is a board running across before the door—I met the boy Leech inside the shop door, and asked him where Peers was—he said he was in the counting-house along with Shire—I went to the door and looked in over the counter, and I saw Peers lying on the floor and the prisoner leaning over him, nearly kneeling—I turned back from the door and laid my coat down on the counter—I then saw the prisoner standing at the door of the counting-house—I spoke to him, and he did not seem to answer me—I said "Good day," or something of that kind to him—then I went to speak to Leech, who was standing at the door, and the prisoner came up to us, and said he was going across the way to have his dinner—he said there were two dinners ordered, and if Mr. Peers could not have his, would I and the boy have what was left—we said "Yes"—he said he would order it, and went away; the dinner never came—after the prisoner was gone, Leech and I went to the counting-house to get Peers up—Leech shook him, and he woke up directly; before he shook him, I observed the state of his dress: his waistcoat was unbuttoned and open, and his pocket turned out—when he woke up, I asked him for the price of the coat I had made—he went to put his hand in his pocket, and he could not do it, because it was turned out—I had never seen him drunk before—he did not look like a drunken man usually does—there was blood from his nose when he woke up—he did not look like a man sober, but he did not look like a man drunk: he looked like a man half drunk and half sober; it was a stupid look.
Cross-examined. Q. How long had you worked for Mr. Lyons at that shop? A. About a year and a half—I have been in the habit of going there frequently, sometimes three or four times a-day—I had not been there before that day—I was there the day before, to get the coat that I brought home on the Wednesday: Peers was there then, and Leech also. You cannot see quite into the counting-house from the shop, only a part of it—Peers was lying down inside the door, you could see his feet—I think
the door of the counting-house opens into the counting-house—the door was quite open—Peers' feet were about a yard from the door. I was to have 9s. for making the coat—I was not always paid when I took the article home, except I wanted the money; I told Leech I wanted the money, and he went into the counting-house—he was not gone half a minute—it was after that that I went in with him and observed Peers' pocket turned out. I followed Leech to the counting-house—that was the same time; we went in together; I only went in once—I only looked in the first time, when I saw the prisoner there. I have known the prisoner a long time. I afterwards went over to the Bell to see if he was there, or if he had had his dinner; that was about an hour afterwards—Peers went over first, and when he returned I went over—I did not see Peers sell any clothes—I only saw one pocket open. I was not paid for the coat then—I was paid by Mr. Lyons in the Cut on the Saturday following.
Cross-examined. Q. From whom did you receive directions to apprehend him? A. From the prosecutor's wife, in East Street, Walworth, where I was on duty—I took him at 7, Apollo Buildings, Walworth, that is where he lives—it is a respectable house and a respectable neighbourhood. The prosecutor was not present when his wife gave me the directions—she went to the prisoner's house with me, she inquired for him and then called me and gave him into custody; I searched him, and found no snuff or powder of any kind upon him—I had received no information from the Fleet Street station or any other about this.
MR. SLEIGH. Q. You belong to the other side of the water? A. Yes—I did not search the prisoner's house—it was at 10 minutes past 11 at night.
CAROLINE GRAY . I am cook at the Bell. On 28th July, I saw Mr. Peers at our house—he seemed to me to be sober—his clothes were quite buttoned up when I saw him, his waistcoat was in the ordinary way—I did not see him served with anything.
COURT. Q. Did you see him standing at the bar? A. I saw him coming into the house.
JOHN COOMBES . I am waiter at the Bell. On Wednesday, 28th June, I saw Peel's and the prisoner in front of our bar—I saw them go away together—Peers was sober when he went away. I did not serve him—we have a barmaid—I saw him drinking there—his waistcoat was buttoned up as usual when he went out—he was very often there.
Cross-examined. Q. Did you see thorn served with anything? A. No. I do not know what they drank; my duty is to attend to the coffee room. Mrs. Jervis and the barmaid serve in the bar—they are not here.
MR. SLEIGH. Q. Whatever he had to drink, was he perfectly sober? A. Yes.
COURT. Q. Were you there during the time he was there? A. I saw him there as I passed to and fro; he might have been there 5 minutes—I did not speak to him—I did not see him take any money out—I saw him leave, it was about 20 minutes to 2—there were several other customers at the bar, it was nearly full—I saw no one in their company.
COURT to G. J. PEERS. Q. Who suggested that you should dine together at 2 o'olock at the Bell? A. The prisoner asked me where we could get a good dinner, and I said at the Bell, and we went over and asked the landlord what they had for dinner, and what time it would be ready, and he said, "About two;" and we said "We will have our dinners over here."
(The prisoner received a good character.)— NOT GUILTY .
MR. LILLEY conducted the Prosecution.
MARGARET PRENDERVILLE . I am single, and live at 36, Wellington Street, Clerkenwell. On the night of 18th July last, about half-past 10, I was going along Victoria Street with my father and sister—my father is a very elderly man, turned 50—my sister and I each had hold of his arm—an elderly man and woman came up to us, the woman poked her head in my father's face, and said something to him; I did not hear what exactly—she said she knew him—I told her she was mistaken, that he was my father, and we were going home—I was immediately attacked by three persons, the prisoners are two of them; the female prisoner commenced beating me very violently about the head—I had my shawl across my arm, and she began to drag at it—she beat me very dreadfully indeed for some time; I could not see what the others were doing, for the two women were beating me at once—I saw the male prisoner knock my father down and kick him—the female prisoner tore my bonnet off my head, and completely destroyed it. I held my shawl until I was beat insensible, and then it was taken from me; when I recovered my senses, my shawl was gone—I saw it again in the policeman's hands on Monday morning; it was worth 1l.
Cross-examined by MR. SLEIGH. Q. Do you mean to say that these two prisoners are entire strangers to you? A. Yes: I had never seen either of them before. My father is not here—he was not examined before the Magistrate; he was very ill on the Monday, and was not called up—I was perfectly sober, and so was my sister—my father had been out all day, and had had a glass or two of liquor—I am not aware that the male prisoner ever lodged with a cousin of mine. This beating and fighting lasted about half-an-hour, as near as I can recollect—it was all on one side, for I had no power to give a blow back, nor had my sister or my father—I do not know whether the prisoners were drunk, they did not appear so—no policeman came up for half-an hour; the fire engine had gone along a little while before that, and that had attracted the policemen's attention, and the street was very lonely—directly I screamed, a policeman came to my assistance. The elderly man and woman came up first; they did not commence the row, they merely spoke, and then we were attacked by these people. The shawl was afterwards found in the ruins. I am quite sure I never heard of these people before—I have no cousin who keeps a lodging house.
COURT. Q. When did you see the policeman? A. Soon after I came to my senses, he came up, and I told him what had happened, and he told me to go to the station and make a charge of it—I went with him immediately; the prisoners were not gone when I recovered my senses, they were out in the road attacking my sister—they were not there when the policeman came up.
ELLEN PRENDERVILLE . I am single, and live at 21, Wellington Street, Clerkenwell. On the night of 18th July, about half-past 10 o'clock, I was going along Victoria Street, with my father and sister—an old woman came up and spoke to my father; I did not hear what she said. I asked if she knew my father, and she began to use foul language—the two prisoners and some others came up—the female prisoner struck me, and threw me into the road; I screamed for help, and the witness Mr. Chamberlain came to my assistance—I saw the male prisoner strike my father and kick him—I saw my sister struck by a woman not in custody, and also by the female
prisoner—after she had struck me she dragged my mantle off, and when Mr. Chamberlain came up she threw it at my feet—I saw her and another woman dragging at my sister's shawl, which she had on her arm—I did not see them take it—I went and assisted in lifting my father up.
Cross-examined. Q. How long before the prisoners came up did the old woman come up? A. About 3 minutes—no blow was struck by either party before the prisoners came up; there was an old man with her—they went away as these people came up—the female prisoner struck me, and I screamed for help, and the old man and woman were gone then—I did not hear the prisoners ask what was the matter—I did not see my sister drag the female prisoner's shawl off, nor did I do it—I knew nothing of the prisoners before. I had no money about me, nor had my sister; my father had—he was the worse for liquor—he did not strike any one, he was too overpowered to do that; nor did any of us.
EDMUND CHAMBERLAIN . I am a watch jeweller, of 30, Garnault-place, Clerkenwell. On 18th July, about half-past 10, or a little later, I was coming up Victoria-street, and noticed a disturbance on the opposite side of the way—I went across, and saw the female prisoner strike the last witness off the kerb into the road—I caught her, put her back, and went further into the crowd; and the two prisoners were knocking and beating the father and sister about—the father went down, and the male prisoner kicked him. In the scuffle there was a shawl lost, but who took it I know not. I called the police; No. 223, I believe, first came up, he took the female prisoner away; and No. 224 found the scarf.
Cross-examined. Q. I suppose there was a regular row between all these people? A. There was a fight, what you might call a scrimmage—the two witnesses were being knocked about—their bonnets were torn off their heads, and their mantles taken from their shoulders—they were not assaulting the other parties—of course they tried to take their own part. I heard nothing particular said, there was too much confusion. I did not see either of the witnesses trying to pull off the female prisoner's shawl.
MICHAEL CANAVAN (City policeman, 223). On the night in question, I heard the cry of "Police"—I went to the scene of action, and the female prisoner was given into my charge by the prosecutrix. I saw nothing of the occurrence—when we got to the station, the prosecutrix said there was a man outside, who had assisted; she described him—I went out, and took the male prisoner into custody.
Cross-examined. Q. He came up to the station? A. Yes—I told him he was charged with robbing this person—he said he knew nothing of it. I do not think they were in liquor. I had not known them before. I told the female prisoner she was charged with robbery—she denied it.
MR. LILLEY. Q. Do you know the ruins in Victoria Street, where the shawl was found? A. Yes: that is about 20 perches from the corner of Farringdon Street.
Cross-examined. Q. Where did you find it, in the pathway or the roadway? A. Down in the ruins; it was folded up, and hanging over a bar about two feet below the level of the street, in the ruins—I can't say whether it could have fallen there.
COURT. Q. Could a person stoop from the pavement and put it there?
A. Yes: it is not probable that it could have fallen there; it was neatly folded, and hanging across.
(The prisoners received good characters.)
WILLIAM WIGLEY— GUILTY .— Confined Nine Months.
BRIDGET WIGLEY— GUILTY .— Confined Six Months.
The jury recommended the prisoners to mercy, on account of their good characters.
THOMAS GUEST . I am a shipping agent, of 86, Fenchurch Street. On 21st July, between 1 and 2 o'clock in the morning, I was in Leadenhall Street, walking along by myself, and met the prisoner in company with another female, named Vining, who is not in custody. One of them, I can't say which, asked me for something to drink—I took them across to the Sussex Tavern, and gave them some ale. Directly after we came out, I felt a jerk at my watch chain—I had a watch in my waistcoat pocket, with two guards attached to it—I immediately missed my watch, and called out to a policeman on the opposite side—the women had not time to get away—the policeman was directly opposite, and he came and seized them. I heard the prisoner throw the watch down an area grating, where it was afterwards found—I heard it go down; I did not see it go. I gave both the women in charge. I saw my watch again before the magistrate; it cost 20l.
Prisoner. Q. You knew the other woman, did you not? A. Yes: I had seen her before; I have not frequently been with her. I did not see you with my watch in your hand, or see you throw it away. The other woman was not so close to me as you were. I had been drinking; I was not drunk.
COURT. Q. Were you at all intimate with the other woman? A. No; I only knew her by walking up and down Leadenhall Street—I have been in company with her on several occasions, so far as giving her something to drink, and she never offered to take anything from me. The prisoner was a stranger to me, and she was the nearest to me at the time this happened—we were all three on the grating at the time I heard the watch drop—I don't think it could have been dropped by the other woman—she was discharged before the Magistrate—the prisoner declared that the other knew nothing about it.
Prisoner. I said I knew nothing about her. Witness. No, you said the other knew nothing about it—that was in the morning, before the Lord Mayor.
JAMES MOORE (City policeman, 585). I was on duty in Leadenhall Street on the morning of 21st July—I saw the prosecutor, the prisoner, and another woman come out of the Sussex Tavern, and go down Leadenhall Street just before me—when they got to the bottom they all three stood on the area grating. The prosecutor sung out to me, "Policeman, I have lost my watch"—I went across and he said, "This is the young woman that has got my watch," pointing to the prisoner. I got hold of her right hand, and she took it in her left hand and threw it down the area before my face—I said, "There is your watch down the cellar"—I told Turner to go and get it. I took both the women into custody. The prisoner said, "You would not have had the watch if the other one had been as sharp as me."
Prisoner. Q. Did you see me with the watch in my hand? A. Yes, when I laid hold of your right hand.
Prisoner. It is false—the watch was thrown down the area before the
policeman came near us. Witness. It is not so—before the Lord Mayor she said she was guilty, that she had the watch, and the other one knew nothing about it, and wanted the Lord Mayor to settle it.
Prisoner. Q. Did not you say to the other woman, "Gipsy, we have you to rights this time;" and did not she say, "Not exactly"?✗ A. No, I said nothing of the sort—I knew nothing of her.
Prisoner's Defence. I have spoken the truth—the other woman has been to me in Newgate, and told me that the prosecutor told her he would not appear against her.
GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Three Months.
LOVETRUE PLEADED GUILTY .— Confined Six Months.
SMITH PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Six Months.
NEW COURT.—Tuesday, August 17th 1858.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOHN REEVES . I am an eating-house keeper in Hertford-terrace, Haggerstone. On Friday evening, the 20th of July, the prisoner came, about a quarter-past 8 o'clock for a halfpenny worth of pease pudding—she gave me a shilling—I gave her 11 1/2 d. change, and put the shilling in the till, where there was no other—there were two 4d. pieces. In about a quarter
of an hour she canie again for a quarter of a pound of beef—she gave me a shilling, and I gave her 9d. change, and she left—I put that shilling in the till along with the other—I had not put any other there—they were both Victorias. After the prisoner had left the second time, Mr. Webb borrowed 3s. of me—I went to the till and took the two shillings out—there was no other shilling there, only the two 4d. pieces—I gave him one shilling out of my pocket Mr. Webb left the shop, and returned in about 10 minutes with two Victoria shillings, and they were bent—I kept them apart from other money—I returned them to Mr. Webb the same evening, and he gave them back to me—I gave them to the policeman.
WILLIAM WEBB . I am a carpenter, and live in Haggerstone Cottages. I was in Mr. Reeves's shop that evening when the second shilling was given by the prisoner. I afterwards had occasion to borrow 3s. of Mr. Reeves—he took two shillings out of the till, and gave me one out of his pocket; the two which he took out of the till were Victorias—I noticed that there was not another shilling in the till—the shilling he took out of his pocket was a George the Fourth—the two shillings were detected as bad in my presence. I returned to him and gave him the two shillings I had received from him.
JOSEPH TAYLOR (Policeman, N 100). From information I received from Mr. Reeves, I went with him on the Wednesday to the prisoner's house—I found her there, and I said to her, "Mr. Reeves charges you with passing two bad shillings."She said, "Yes, I did; 1 passed them to Mr. Reeves—I got them of Johnson, he is a d—d rogue, and I will tell all about him." I took her in custody—I asked her if Johnson lived there—she said, "No; he used to live with me till about three weeks ago, when I got married." These are the two shillings I got from Mr. Reeves, they were not out of my sight.
Prisoner's Defence. I was not aware that either of them was bad.
NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
BENJAMIN HAZELL . I am assistant to Mr. Callaghan, who keeps the Duke of Sussex at Haggerstone Bridge. On 20th July, Johnson came about 9 o'clock in the evening—I served him with a pint of porter—I saw him take it to the door—he paid me with a shilling—I gave him 10d. change, and put the shilling in the till—there was some small money there, but no other shilling at the time. Johnson left, and in about 2 minutes my master went to the till—no one had been to the till in the meantime—he drew my attention to the only shilling in the till; I looked, and found it was bad—while he was talking to me about it, the two prisoners came in at another door, at the other end of the bar—I went to serve them, and Piers asked for half a quartern of gin—the price was 2d.—he gave me a shilling, I looked at it, tried it with my teeth, and found it was bad. I called out to my master, "Here is another bad shilling." Mr. Callaghan came to me—I put the shilling in his hand, and told him there was another bad shilling—I pointed to Piers, and said, "That is the person who gave it me." Mr. Callagan asked the prisoners if they knew it was bad, and
they both turned round and ran out of the place, and left the shilling behind them—they had not drank the gin; it was poured out in a glass, but not drank—they were given in custody shortly afterwards.
Johnson. I did not give a shilling, I gave a 3d. piece. I went in company with a woman—she would not go in, and I asked for the beer and brought it outside for her to drink. Witness. I did not see any woman—I was behind the bar at the time.
WILLIAM CALLAGHAN . I keep the Duke of Sussex. On 20th July, about 9 o'clock in the evening, I was getting my supper. I want to the bar where the last witness was serving—I went to the till and found a bad shilling in it, and no other shilling in the till—I spoke to the last witness about it, and that shilling I took care of. Just after that the two prisoners came in, and the last witness called me, and said, "Here is another bad shilling." The two prisoners were there, and he said in their presence that he took it of Piers—both the prisoners turned round and ran out of the house. I took that shilling up, and put the two shillings together in my waistcoat pocket—I ran after the prisoners—I afterwards gave them to the policeman. I had no other coin in that pocket.
Johnson. Q. Was 1 in the public house when you said to Piers "This is a bad shilling?" A. Yes, you were. I did not say, "This is four bad shillings," I said "Two bad shillings"—I did not say when the policeman took you, "This is four bad shillings."
THOMAS SMITH . I reside at Kingsland. On 20th July, about 9 o'clock in the evening, I was by the Duke of Sussex. I saw both the prisoners against the public house; they were talking together and looking in at the door of the public house—Johnson then went into the house, and Piers remained at the door—in a short time, Johnson came to the door with a pot and some beer in it; Piers drank with him—Johnson returned to the public house, and in a short time he came out and joined Piers—they talked a few minutes, and they both went into the house at another door. In about a minute, I saw them about ten yards from the house, running away—I followed them, and assisted the constable in taking them.
Johnson. Q. Did you see me and Piers run together? A. Yes, down Haggerstone toward Stoneham Common. When the constable took Piers you were following—I saw you, and pointed you out to the constables.
Johnson. It is quite false, I crossed the road, and they said a man had given a bad shilling—I came back and saw Piers in the hands of the police, and Piers said, "That is the man that was with me." Witness. I followed Piers, and caught him—the policeman came and I gave him to him. I was returning and met Johnson—I said, "This is the other one"—Johnson made use of very bad language and resisted.
JOSEPH TAYLOR (Policeman, N 100). On the evening of 20th July, I was in Haggerstone Lane about half-past 8 o'clock. I saw the two prisoners in company together about 150 yards from the Duke of Sussex—Charlotte Cooper, the last prisoner who was tried, was with them. After that, about 9 o'clock, I was near Haggeretone Bridge, and Mr. Callaghan came to me and pointed out the two prisoners, who were running down Haggerstone Lane, towards the church—I followed them—I took Piers in Kingsland Road. In coming back, accompanied by Smith, I found Johnson—I took them both hack to the Duke of Sussex. I received these two shillings from Mr. Callaghan. Johnson said he had never been in the house before—Piers said he was running away because his mate had passed a bad shilling, and he was not going to be locked up for it.
Johnson. Q. Did you see me running away with Piers? A. Yes, I had got Piers, and was coming back, and he said, "That is my mate," and I took you.
Johnson's Defence. I paid Piers that night a shilling that I owed him. It is false that I was in his company at half-past 8. I was with a woman who had a basket of cresses—she had part of the beer and I had part of it—Piers was not in my company before I drank the beer. I paid a 3d. piece for it.
Piers' Defence. I was coming over the bridge and met this man—I said to him, "Have you got the shilling you owe me?"—he said, "I will give it you." We went in and had half a quartern of gin, and the shilling was bad—I can be on my oath, I did not know it was bad—I had a good half crown in my pocket.
(Piers received a good character.)
JOHNSON— Guilty.— Confined Six Months.
PIERS— Guilty— Confined Three Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOHN MORRIS (Policeman, P 86). I produce a copy of the prisoner's former conviction—(Read: At the Central Criminal Court, March, 1857, Robert Riley was convicted of tittering counterfeit com, and was sentenced to be Confined One Year.) I was present—the prisoner is the person—I had him in my custody, and I picked him out of twenty others.
Prisoner. I never was here before—I have been in the Militia, and was at that time.
WILLIAM HEADING . I keep the Royal Oak, at Brentford. On Monday the 2d of August, the prisoner came there—he was served with a pint of beer—I did not see him pay for that—he then called for another pint—I served him, and he laid a bad shilling on the counter—my wife said to me, "William, is this a good shilling?"—I looked at it, and found it was bad; I bent it up with my teeth—it had not been out of my sight. I said to the prisoner, "Have you any more of this sort, old fellow?"—he said, "No, I have just taken it at the public house, at the corner of the street"—he said, "I will go and get it changed, I can't afford to lose it." I gave it him, and he went away. There was another person with him, but the prisoner gave me the shilling. It was about 10 o'clock in the evening.
Witness. I am satisfied he is the man—I saw him again on the Tuesday, and again the Saturday.
Prisoner. I never saw the man at all
COURT. Q. How long was it from the time you first saw him till his going out? A. About 5 minutes perhaps.
ELIZABETH PIPER . My husband keeps the Feathers public house at Brentford; it is about 10 minutes walk from the Royal Oak. On Monday evening, 2d August, the prisoner came to the bar about 9 o'clock; he called for a pint of beer—I served him—he gave me a bad shilling—I said, "This won't do, it is bad,"—he gave me a good 6d. and I gave him change. I put the shilling on a little shelf, and said I should not give it him again—he said it was no use to him as it was bad I went to the door and said, "If
I can see a policeman I will give you in charge"—I did not see one, and he went away. I put the shilling by itself, and as soon as I saw a policeman I gave information and gave him the shilling the next morning—I am sure the prisoner is the man—I saw him again on the Saturday at the Town Hall; he was then in custody.
Prisoner. I gave her the shilling—I did not know it was bad.
ELIZABETH LOADER . My husband, Charles Loader, keeps the Red Lion at Old Brentford. On Monday night, 2d August, the prisoner came about 11 o'clock—I served him a pint of beer, and he gave me a shilling—I gave him 10d. change—I did not take much notice of the shilling; I put it in the till—I don't know whether it was bad or not. The prisoner was afterwards served with another pint of beer—he gave me another shilling—I gave him 10d. change and put that shilling in the till; I did not notice that. The prisoner afterwards called for another pint of beer, and he gave me another shilling—that roused my suspicion, and I put that shilling into a separate till, and gave him change, and he went away soon after, as it was time to shut up. After he was gone a policeman came in—I then examined the last shilling, and it was bad. I gave it to the policeman. I had changed away all the money that was in the till, so that I don't know whether there was any bad money amongst it or not The policeman brought the prisoner to my house the game night, about half-past 12 o'clock—I recognized him—he had some struggle with the constable.
Prisoner. I was working at harvest work—I was at the house about half-past 10 o'clock with another man, and we had 4 or 5 pints of beer.
Witness. He was with another man—the other man had one pint of beer, and he paid me in coppers.
JOHN MC KAY (Policeman, T 220). I was on duty at Brentford on Monday night, 2d August. I received information, and about half-past 12 o'clock I went to a lodging house—I found the prisoner sitting on the step outside with another man—the other man was accusing the prisoner of having enticed him down to Brentford, saying there was plenty of work, and he was passing bad money—I asked where he had passed bad money, and he pointed to the Red Liou, and said, "He has passed three there,"—I said, "Where has he passed any more 9"—he said, "He has passed one in the public house on the other side, the new building;" that is the Feathers kept by Mr. Piper. I asked if he had passed any more—he said, "Yes, at a corner house up the lane," which might have been the Royal Oak. The prisoner said nothing—I took him in custody, and took him to the Red Lion; and the landlady gave me a bad shilling, and gave the prisoner in custody. He struck the other man who had informed against him, and I went to part them and he got my finger in his mouth and bit it—I took him to the station. This is the shilling I got from Mrs. Loader, and this one from Mrs. Piper. I found on him three good sixpences and a 4d. piece, and 3s. 6 1/2 d. all in copper—I found no bad money on him. The other man told me he kept bad money in the dog-kennel at the lodging house—I went there, and found this bent shilling there; that was at the house where I had found him sitting.
Prisoner's Defence. I am quite innocent of the charge. I was disembodied from the Militia in June last.
GUILTY — Four Years' Penal Servitude.
MESSRS. BODKIN and POLAND conducted the Prosecution.
FRANCIS REILLY . I am a costermonger, and live in Bennett's Court Drury Lane. On Wednesday, 28th July, I went to a public house in Holborn with a friend—we had something to drink. While there the prisoner came in; she drank with us—she had a basket with her; this is it. After that I went with her to No. 11, George Street, St. Giles'—I undreseed and went to bed—she was partly undressed. I was not sober; I had been drinking. About 4 o'clock in the morning there was an alarm, when the prisoner was getting over the landing. The man of the house went out for the policeman himself. When I heard the alarm, I ran and looked at my trousers, and I missed from them 15s. 6d. The prisoner was gone from the room. I had given her a shilling. I went down stairs—a constable came, and I wished the prisoner to give me the money and I would have nothing to do with her—she said all the money she had was half a crown and a few halfpence in her hand—I said I would give her in charge, and I did so. I over-slept myself the next morning, and I did not appear against her. I did not see what was in the basket on the night before when I was in the room—but she showed me a shilling and one of these moulds—that was in the room—I am not sure whether the mould was in the basket or not—the shilling was in her hand—she showed it to me; I looked and saw it was a shilling—I could not say whether it was good or bad—she said, "Look at this."
Cross-examined by MR. SLEIGH. Q. What time was it you left her? A. About 4 o'clock—it was daylight. I did not know the prisoner before. I am in no one's employ—I was in the Land Fencibles in the Crimea for a short time—I and my mother keep a room in Bennett's Court. I was in liquor; I can't say whether the prisoner was—if I were sober myself I should know the difference between a person being drunk and sober—I knew what I was about—the prisoner could not be very drunk; she might be in liquor, but I could not swear it. I paid for what we had. She showed me the mould; I could not say where she took it from; I saw it in her hand—I examined the shilling and gave it her back again—I dare say she put it in the basket—I never took particular notice. I mentioned about this at the Court House. I heard part of my examination read over—I did not hear it read about her showing me the shilling and the mould—I signed my examination—the words I said were read over to the Magistrate, not to me—I told the Magistrate about her having shown me the mould.
COURT. Q. Did you find whether it was down or not? A. I did not take notice, but I know what I said. When I was at the police office the prisoner was not charged with robbing me—the Magistrate said he was not trying on that—the charge was having these moulds in her possession—I knew that. This is my statement (This statement contained no mention of the shilling and the mould.)
MICHAEL REARDON (Policeman, E 72). I was on duty in George Street, St. Giles', on 28th July, about 4 in the morning—I was called to the house No. 11, George Street, and the prisoner was given into my custody by the last witness on a charge of robbing him. Both the prisoner and the witness were in liquor when the charge was given. I said to the prisoner, "Do you know what you are charged with?—stealing 15s. 6d. out of Reilly's pocket—she said, "All the money I have is this half crown, and 4 1/2 d., in coppers; and this half crown he gave me." She had this basket in her hand, and as
we came out of the house, she said, "Will you let me go? if you do, I will feel much obliged to you"—I said, "I can't do that"—she kept the basket in her hand—all through I demanded it of her in going to the station, and she refused to give it me—she said she would not. I took her into the station, and the charge was pressed against her by the prosecutor, stating he had lost the 15s. 6d.—the prisoner denied all the way through that she had any more money than the half-crown and 4 1/2 d. I called Mrs. Reed, the female searcher, and demanded the basket again of the prisoner—she laid she would give it to Mrs. Reed, not to me. After they had retired, I went to her lodging to see if she had thrown any money away—I searched up and down with the lamp, but I could not find any—Mrs. Reed and the prisoner came in again, and Mrs. Reed placed this basket on the desk—she said she could not open it—I opened it, and found in it these four moulds and some old fragments of moulds which had been broken, and six half-crowns and seven shillings, all in this piece of paper.
Cross-examined. Q. The prisoner was very drunk? A. Not very drunk—she was a little the worse for liquor, not exactly stupid altogether. There was something of an old rag and two keys in the basket—the articles are here now which were in it when I took it from her. I made the search where the prisoner lodges—she gave her address; I went and found the address correct. She denied altogether that the basket belonged to her—she told the Magistrate that she did not know how the moulds came there—she said she met some young man who gave her something to drink, and who put the things in the basket she did not know.
MR. BODKIN. Q. Are you quite sure that she denied that the basket was hers? A. Yes, she said, "That basket was given to me and the contents that are in it;" that was at the time I took her into the station.
PHILLIS REED . I am the wife of William Reed; I am female searcher at the station. On that Wednesday, I received directions to search the prisoner—she had this basket with her—I asked her to give it to the constable; she said no, she would take it with her and give it to me—I tried to open it; the lid was pressed down so tightly I did not think there was anything in it—I gave it to the officer, and he opened it. I bad before that searched the prisoner, and found a 5s. piece in her bosom, and three half-crowns and one shilling dropped on the floor in untying her petticoat—one half-crown and 4 1/2 d. was in her hand—one of the half-crowns was bad, but I can't say which it was—she was not charged with bad money. I gave the money to the constable—there was some hesitation, and he brought it back and gave it to me.
WILLIAM WEBSTER . There are two perfect moulds for half-crowns, one is of William the Fourth, and the other George the fourth; here are some fragments of moulds for sixpences and shillings—these half-crowns found in the basket are all bad—one of them is in an unfinished state, and appears to be from this mould of William the Fourth; the others are all finished—here are four counterfeit half-crowns of Victoria, 1847—this half-crown found in the prisoner's hand is bad, it is Victoria 1840.
The Prisoner's statement before the Magistrate was here read as follow:—; "I had not a bad half-crown in my possession at all—I do not know how I came by the moulds or the bad money in the basket—there was a row in Holborn, and a young man said to me, "Take hold of this," giving me a small parcel which I suppose I put in my basket—he asked me to hold it while he got another young man out of the row. I was drunk.
GUILTY .— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SARAH WINDER . I am barmaid at Exeter-hall Hotel in the Strand. On Thursday, 8th July, Butler came about half-past 3 o'clock in the afternoon—I served him with a pint of beer which came to 2d. and he gave me in payment a shilling—I gave him change—he drank part of the beer and left. I put the shilling in the till—there was no other shilling there, I am quite sure—just as he went out, Mr. Hall came in and spoke to me, in consequence of which I looked at the shilling. I found it was bad—I gave it to Mr. Hall—he bent it, and left the house with it. I saw Butler again the same day; I am sure he is the man—I did not have the shilling lack—I did not see Godfrey.
ROBERT COLEMAN HALL . I am a grocer, and live in Wardour-street. About 12 o'clock, on 8th July, I saw Godfrey standing in front of my shop. I afterwards went out at a qurter before 3 o'clock—I went through the Strand, and saw Godfrey again standing in front of the Adelphi Theatre. While he was standing there Butler joined him, and they walked as far as the Exeter-hall Hotel—Butler went in there, and Godfrey went up Exeter-street—I went into the hotel and asked some questions—when I came out I saw Godfrey standing at the corner of Burleigh-street, waiting there—I then returned to the hotel, and the last witness gave me this shilling from the till—I bit it, and took it out and gave it to the policeman—I then went after the prisoner—I saw Butler join Godfrey at the corner of Burleigh-street—they walked up to Exeter-street. I met a policeman, and made a communication to him—I gave the prisoners in custody for passing bad money—Butler's conduct was very riotous, he tried to throw the policeman—Godfrey was very quiet indeed; we left him—he might have walked away.
Cross-examined by MR. PHILIPPS. Q. How long did the scuffle last? A. Some few minutes—Burleigh-street comes into the Strand—the Exeter-hall Hotel is at the corner of Exeter-street in the Strand, about 100 yards from the corner of Burleigh-street.
COURT. Q. Is it out of sight? A. No—the prisoners first joined by the Adelphi Theatre—they joined again at Burleigh-street—they went as far as Exeter-hall Hotel together—Butler went in, and Godfrey went up the street
EDWARD MACGLOIN (Policeman, F 40.) I was in Wellington-street—the last witness spoke to me. I went up Burleigh-street into Exeter-street—I saw the two prisoners together—Mr. Hall came up, and the prisoners were given into my custody for passing bad money. I took hold of them—Butler struck me, kicked me on the leg, and bit me—I was obliged to get another officer—they were taken to the station.
Butler. I never touched the constable till he struck me
Witness. I never struck him, I took hold of him.
MARK ROSE (Policeman F 106). I saw this struggle, and I went to the assistance of the last witness—we succeeded in securing both the prisoners, and they were taken to the station. I found on Butler 1s. 6d. in silver, and 4d. in copper, good money, and on Godfrey, ten sixpences, four 4d. pieces, four 3d. pieces, 1s. 3 1/2 d. in copper, a counterfeit shilling, 2 1/2 lbs. of beef steass, some sausages, 15 postage stamps in three separate lots, and a 2d. loaf. This is the bad shilling I found on Butler, and this is the shilling that Mr. Hall gave me. The prisoner gave addresses, but they were all false—Godfrey gave
his address, No. 7, White-row, Whitechapel—I went there, and no such person lodged there—I saw a man who told me he was the keeper of the house.
Godfrey's statement before the Magistrate was read as follows.—"There was no shilling amongst the money I handed over to the policeman in the station—the bad shilling must have been put in since."
Butler's Defence. The shilling I got in change on the Sunday, when I changed a half-sovereign at a coffee shop in Leicester-square—I had received 17s. 8d. for wages on Saturday night—I did not know the shilling was bad. I don't know this prisoner at all.
BUTLER— GUILTY .
GODFREY— GUILTY .
Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOSEPH EDWARD ANDREWS . I keep the Hand-in-fland public-house in Wynyatt-street, Goswell Road. On 9th July, about 12 o'clock, the prisoner came to my house, and I served him with a pint of ale—he gave me a bad half-crown—I put down the change—I took np the half-crown, and bent it nearly double—I am sure it was bad; I told the prisoner so—he said it was no such thing—I bounced it on the bar table—I came round, and he took up the half-crown and put it into his pocket—he gave me 3d., and went out—I followed him and gave him in charge—there was another man with him, but the prisoner was the man who gave me the money, and asked for the ale.
Prisoner. Q. What did I give you? A. Half-a-crown, and I gave you two shillings and three penny pieces,—you said if I would give you the halfcrown back, you would give me other money, and I bounced it on the table—you took the change away with you—you took the half-crown—the other man gave me the 3d.—it was an old half-crown, not a Victoria—I followed you closely when you went out, and my firm opinion is, that you ate the halfcrown—you began eating a piece of bread as soon as you got out. I followed you and never lost sight of you—I did not see you throw anything away—I saw you till you were taken in charge.
JAMES CRAMP (Policeman, G 240). On that day, the prisoner and another man were given into my custody, charged with uttering a counterfeit halfcrown—the prisoner said he neither knew the prosecutor nor yet the house.—I searched him at the station and found on him a good half-crown, one shilling, two sixpences, and 3d. in coppers—the half-crown was not bent at all. I took the two men before the magistrate—they were remanded till Monday, and discharged, this being the only case against them. The prisoner gave the name of Charles Elliott.
WILLIAM WILKS . I keep an eating house in St. Pancras Road. On 17th July, the prisoner came and bought a penny pie; he gave me a half-crown—I laid it on the counter—my servant gave him two smooth shillings; one was of George the Third, the other was William the Fourth, or George the Fourth; they were worn shillings. I put them down, and 5d. in coppers—the moment the prisoner saw it, he said, "I have got a penny, I thought it was a 2d. pie—I would rather have the money back, and not change." I took up the penny which he gave me, and I gave him back the half-crown; he put down the 2s. 5d. change—the moment I took up the two shillings, I saw that one was bad—I took them up, and followed him; he had hastened out of the shop. I am able to say that one of those shillings was not one
which I had given him—I did not give him the Victoria shilling which I bent. I did not see him take up the two shillings to my knowledge—I had stooped to pick up the penny which he had thrown over the counter; the two shillings were right before me—when I got up, I gave him the halfcrown, and began to take up the two shillings, and I found one was bad—he left the moment I gave him the half-crown—I followed him twenty or thirty yards from my shop, he was eating his pie, and walking rather fast—I said to him, "Here is a bad shilling, I will thank you to change it"—he said, "I never gave it you." I collared him, and took him back to the shop—he said he had no other money. A constable was sent for—I gave him, the prisoner, into custody, and gave him the bad shilling.
Prisoner. Q. What did I ask for? A. You asked for Dothing; you took the pie out of the window, and threw down a half-crown, which was good I believe—I did not put it in the till, but by the side of the till—I did not try it—my servant gave me the two shillings, and I laid them before you—I took notice that they were both worn shillings, and one was of the reign of George the Third; the other I did not take notice of the reign of—they were not Victoria's—the one you gave me back was George the Third's, and the bad one—the one of George the Third, I parted with afterwards on the same day; the Queen's one I gave to the policeman I did not see you take the money from the counter; I did not say that I could not say whether it was a Queen's shilling or not—you might be 20 or 30 yards from the shop when I took you. I did not see you with any one before I took you—I touched you and said, "I beg your pardon, this is a bad shilling."—I afterwards took you by the collar, and brought you baok; you did not run away. I can't say how long you waited before the policeman came. I did not hold you while you was waiting; I stood by the door, that you did not go out—the chair was standing opposite the counter.
GEORGE REEVES (Policeman, S 394) I was called to Mr. Wilks's shop, and the prisoner was given into my custody on the charge of putting down a bad shilling instead of a good one—the prisoner said he did not do it—I took him to the station—I found on him a good half-crown—this is the bad shilling that Mr. Wilks gave me.
Prisoner's Defence. I deny it altogether—I passed the shop and saw some pies—I went in and asked for one—I gave him a half-crown—he took it up and put it in the till—I am positive he took two shillings out of the till himself and placed them on the counter—I then saw him count five pence—I said, "I thought they were 2d., I have a penny"—I put a penny on the counter; it bounced down, and he stooped and picked it up and gave me the half-crown—I had not got above twelve yards from the shop when he came out and took me back—he did not tell me what for till he got to the shop—he then said I had given him a bad shilling—I said I had done no such thing—he went to the office and gave an account, and he did not know what reign the shilling was—I had been left in the shop with an open door; I could have run away—I was taken and searched, and was remanded—I can only say I am not guilty—I did not make any resistance.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, August 18th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Justice WILLES; Sir CHAPMAN MARSHALL , Knt., Ald.; Sir FRANCIS GRAHAM MOON , Bart., Ald.; Mr. A.W. CUBITT, M.P.; and MICHAEL PRENDERGAST , Esq., Q.C.
Before Mr. Justice Williams and the Third Jury.
PLEADED GUILTY .— Six Years Penal Servitude.
PLEADED GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .— Four Years' Penal Servitude.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
WILLIS CLARE . I am one of the inspectors of letter carriers at the General Post Office—in consequence of directions I received on 28th July, I made up a letter and enclosed in it a sovereign, a sixpence, and six postage stamps—I marked them all, and put them in a card which I put with the letter in an envelope—I did not direct it myself—(looking at some fragments of papery), I recognise these as parts of the letter and envetope—the letter was directed to Mr. George Fielding, Nottingham-mews, High-street, Marylebone, London—that was a fictitious address—here are portions of the cards—I put two stamps on the envelope; I put them a little apart and in a slanting direction—I put the letter into the letter box at the chief office, between 1 and 2 in the day—I afterwards went inside the office and saw the letter taken out of the letter box—I kept it in my possession until about 10 minutes before 6 next morning—I then gave it to Green with certain instructions—the letters are sorted into districts in the Inland office; they are then sent upstairs to another office to the letter carriers' seats or districts—they are sent up by a machine in trays—about 10 minutes after 6 I went up and saw the prisoner at the tray in the letter carriers' office—he was a letter carrier for the Hyde-park-square walk—it would be his duty to be at the tray where I saw him, to collect the letters to clear them away—I saw him bring the letters for his own walk, and also another bundle of letters in his hand—he took them from the sorting box to his own seat—I saw him take one bundle of letters and run through them; he came to a letter with two stamps on it, which I immediately recognised as the one I had made up—he felt it in his fingers and shook it—he appeared to satisfy himself that it contained coin, and he put it amongst his other letters—it had been in the other bundle which belonged to Shuter, the letter carrier of the Nottingham Place district—he then put that bundle of letters on Shuter's seat, returned to his own seat, took his own letters down again, and selected the one I had seen him take from
Shuter's bundle, feel it, and then put it amongst his own letters—he had no business at all with Shuter's letters he left the Post Office about 7 o'clock to deliver his letters—Shuter left about the same time—I stopped Shuter, and looked over his letters—in the ordinary course the letter in question would have been with Shuter's letters—I did not find it there—I afterwards went to Hyde-park-square, accompanied by the police constables, Bingham and Smee—I saw the prisoner go to the receiving house in Sussex-place; I was in a cab waiting near—it would be his duty to go to that receiving house after he had finished his delivery, to get a card signed of the time he had finished—that is done with every letter-carrier—another letter-carrier passed close by us and went into the receiving house—I then saw the prisoner come out and run across the road very fast, and round the corner—I went into the Victoria public house and there I found him—I had not seen him go in—I spoke to the potman, and I saw the prisoner coming from the water-closet, he was about ten or twelve yards from it—I told him I wanted him—I went out and saw Bingham, and desired him to search the closet, and he shortly afterwards brought me these papers.
Cross-examined by MR. COOPER. Q. How long has the prisoner been in the Post-office? A. Five years, I think—I was three or four yards off from where he was sorting the letters—I could not be seen: I placed myself in a position on purpose to watch the prisoner, so that he could not see me—the carriers very frequently assist each other, when their walks happen to be near each other—I followed the prisoner from the receiving house instantly in the cab, as quick as the horse could go—after seeing him at the Victoria, I walked with him to the end of the street to meet the constable, and then back again to the Victoria—that would be about 300 or 400 yards; I then went to the receiving house, leaving him with Bingham—he knew me as his superior officer.
GEORGE GREEN . I am employed in the Post-office as a superintendent of sorters. On the morning of 29th July, I received a letter from Mr. Clare—in consequence of his instructions, I placed it amongst the Nottingham-place district letters—I saw the tray containing those letters sent up by the machine to the letter-carriers' office—I noticed the name on it—it was Mr. George Fielding—this is a part of the envelope.
JOSEPH SHUTER . I am a letter-carrier in the General Post-office—my district is the Nottingham-place district. I was stopped by Mr. Clare on the morning of 29th July: he examined my letters—there was no letter amongst them directed to Mr. Fielding—I did not ask the prisoner that day to deliver any letter for me to Mr. Fielding—we generally go out about the same time—I had no conversation with him at all that morning.
Cross-examined. Q. When your letters were examined, did you examine them all at the same time, or did you give them to Mr. Clare to examine? A. Mr. Clare examined the bundle and then gave it to me—my attention was called to this again the same day by Mr. Clare.
MR. BODKIN. Q. Did you yourself see that there was no such letter there as Mr. Clare was looking for? A. I did; I looked through the letters myself—I delivered all the letters I had.
WILLIAM MERRINGTON . I am potman at the Victoria public house in Sussex-place. On the morning of 29th July, about half-past 8, the prisoner came to our house—I knew him before, by coming to deliver letters—he asked me to open the water-closet door for him—I did so—it was fastened by two bolts—no person had been there that morning—I unfastened it, and he went in: the door that I unfastened opens into a little yard, and the water-closet is there. Whilst he was there Mr. Clare came in: he asked me some question, which I answered—soon after that, the prisoner came out of the closet, and met Mr. Clare at the street door—I had fastened the door leading to the water-closet at half-past 12 the night before, after the house was closed.
Cross-examined. Q. It was the yard door he wanted you to open? A. Yes—any person could open that from the outside, but it is in a very dark place—nobody would know how to open it, unless they knew the place.
HENRY BINGHAM . I am an officer attached to the Post-office. On the morning in question, I accompanied Mr. Clare to the neighbourhood of Hyde-park-square—we went there in a cab—we stopped about 100 yards from the receiving house in Sussex-place, in sight of the receiving house—while we were there, a letter-carrier came and delivered letters close roundus, us, on both sides of the cab—he had the opportunity of seeing us—he then went into the receiving house; the prisoner immediately came out of the receiving house, and ran across the road very fast towards the public house—the door of the public house was not in sight from where we were; he ran round the corner, and I lost sight of him—I jumped out of the cab and ran after him—I ran past the public house, up the street—I had not seen him go into the public house—I went about 200 yards and then returned—I saw Mr. Clare come with the prisoner from the public house—I went towards them: they turned back and I met them at the door—in consequence of directions from Mr. Clare, I went into the Victoria and searched the water-closet, and there found these fragments of a letter and two pieces of card, which I have produced—they were in the pipe at the bottom of the pan of the closet—there was no trap: they were swimming in a little water.
Cross-examined. Q. This receiving house, I suppose, is the place to which all the letter-carriers go. A. A certain portion allotted to that district go there to sign the card. I saw three or four go in, besides the prisoner; they should not go in until they have delivered all their letters—I am not aware that they sometimes do so.
GUILTY .— Six years' penal servitude.
MR. BODKIN for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
WILLIS CLARE . I am an inspector of letter-carriers at the General Postoffice. In consequence of something which had occurred, I made up a letter on 10th July, this is it (produced); it is in the same state now as when I made it up—I put inside a half-sovereign and a sixpence in a piece of card, (the witness here opened the letter,) here is the half-sovereign and sixpence, this is just the state in which it was when I sealed it up—it is addressed "Mrs. Johnson, 4, Pink-row, John Vrow, St. Luke's, London." I put it into the letter box between 1 and 2 in the day—I then went inside and obtained it again from the person who had taken it from the letter box, and locked it up till the next morning—I then gave it to Green, the sorter, to place with the letters for Bartholomew Square, that was about 10 minutes
to 6—the prisoner was one of the letter-carriers for the Bartholomew-square district; Tilson is the principal of the walk, and Carter is the third. In the ordinary course, this letter would have been amongst those which Tilson had to deliver—Tilson went out with his letters about 10 minutes after 7—I stopped him and searched his bundle, but found no such letter there—shortly after the letter-carriers had left, I sent Green after the prisoner, and he was brought back to my office—I asked him if he had seen a letter addressed to Fink-row, John's-row, St. Luke's—he said "I don't deliver Pink Row, but I have a letter for it," and he pulled this letter out of his coat pocket, and said, "Is this it?"—it was still sealed, but the address had been erased, and it was re-directed to Gee-street—the prisoner does deliver in Gee Street—I asked him how far he had delivered his letters when he was fetched back by Green—he said he had delivered Gee-street, Willow-street or Willow-row, and Noble-street—I am quite sure he said Gee-street—I asked him who re-directed the letter—he said, "I do not know, it came to me the last thing."—I have a memorandum here of the words that passed, which I made at the time; the prisoner saw me write it—what he said was, "I do not deliver Pink-row, but I have a letter for it—it is re-directed—I do not know who re-directed it—I had finished Gee-street, Willow-row, and Noble-street, before Mr. Green told me I was wanted." I then gave him into custody—he was searched—a letter was found on him that did not belong to him; it belonged to the Aldersgate-street walk.
Cross-examined by MR. SLEIGH. Q. This letter directed to Pink-row I suppose had a fictitious address? A. Yes—the prisoner has been in the Post-office upwards of 2 years, and bis father for nearly 30 years. I have not charged him with stealing any letters but this, but there was another found in his pocket which did not belong to him, and that contained a 5l. note when it was delivered—I have not preferred any charge against him in respect to that letter; it is a rule if a letter-carrier discovers that he has in error taken out a letter belonging to another district, that he should go with it to the proper address immediately after he has finished his own delivery—supposing this letter, re-directed to Gee-street, came into his delivery for Pink-row, it would be his duty to deliver it in Gee-street—I am not aware that there is such a person as Mrs. Johnson at 15, Gee-street—if he ascertained there was no such person, it would be his duty to put it in his pocket and bring it back to the Post-office. He told me he did not deliver Gee-street, but it came to him the last thing—that means as they were just going out—sometimes when the letter-carriers are going out letters keep coming to them up to the very last minute, after they have got their main bundle; they are perhaps letters that have been overlooked in the sorting—the prisoner did not tell me that he had been to 15, and found no such person there—he did not tell me that there was a letter-box at 15, and that he was in the habit, when he delivered there, of putting the letters through the letter-box in the inner door—I don't remember his saying so in my presence—it might have been said in my presence, but I don't remember its being said in answer to any question that I put.
GEORGE GREEN . I am superintendant of the sorters at tho General Post Office. On the morning of 12th July, Mr. Clare gave me a letter—this is it. At that time there was no erasure on the envelope; there was no "Gee-street" on it—in consequence of Mr. Clare's instructions, I put that letter into the tray containing the letters for the Bartholomew-square district. I saw the tray placed on the machine, and drawn up into the letter-carrier's office—I immediately went up into the letter-carrier's office,
and gave some instructions to Mr. Roberts, who was the inspector on duty there; that was about 3 or 4 minutes past 6—a little before 8, in consequence of directions, I went after the prisoner—I found him in his district—his ordinary course was to go to Gee-street first, then to Willow-row, Pear-tree-street, and so on. I found him in Pear-tree-street; I brought him back to Mr. Clare; I saw him take this letter from his coat pocket—I then saw the address had been altered.
Cross-examined. Q. Was it at the Post-office that he took the letter out of his pocket, and handed it to Mr. Clare? A. Yes: I told him he was wanted, and he went back with me immediately—I did not ask him whether he had delivered in Gee-street; I merely said he was required at the office.
GEORGE ROBERTS . I am an inspector of letter-carriers—on the morning of 12th July, shortly before 6, a communication was made to me by Mr. Green; I was at that time in the letter-carriers' office. In consequence of that communication, I paid particular attention to the prisoner's movements; after a short time, I observed him go to Tilaon's seat, and divide the letters into three parts; the letters were lying on Tilson's seat—I had seen the letters placed there by a letter-carrier named Jones, when they came up by the machine—it was the prisoner's duty to divide them. Tilson not being there—I saw him divide them into three bundles. I had previously been shown this letter—whilst the prisoner was dividing the letters I saw this letter; I saw the prisoner place it amongst his own letters, instead of placing it amongst Tilson's—before that, I saw him, as he had got it in his hand, turn it over and feel it—no one was assisting him in dividing the letters; he was occupied at it for about a quarter of an hour—he then took the letters belonging to his own walk to his own seat, this letter being amongst them—I then saw him writing; I could not see what he wrote; he was writing long enough to have re-directed two or three letters; he then tied up the letters, and went out for delivery. I was in the solicitor's room, when he was brought back; I believe I asked him if he had delivered letters at 15, Gee-street; he said he had, he thought three; he delivered them by knocking at the door, and placing them in a box, in an inner door—he saw no one. I saw Tilson come in and go to his seat before the prisoner went out.
Cross-examined. Q. How far were you from where the prisoner was sorting the letters? A. About five yards. I was in a gallery where you have a good view of all the letter-carriers—I had a perfect view of all that was going on—I did not keep my eye upon him wholly—there is a passage underneath where the letters are occasionally sorted, and he went there to fetch some; with that exception, I had my eye upon him the whole time—I have mentioned before to-day, that I saw him feel the letter and turn it over—I mentioned it to the solicitor; I did not mention it before the magistrate—this was a test letter.
ROBERT TILSON . I am the principal of the three letter-carriers of the Bartholomew-square district—on 12th July, my letters were all sorted when I went up—before I went out with my letters, Mr. Clare looked over them to find a letter addressed to Mrs. Johnson—there was no such letter in my parcel—a letter for Pink-row ought to have been in my bundle—I believe the writing on this envelope to be the prisoner's, it is a sort of disguised hand; I have seen him write, dozens of times—he has been in my department for two years, backwards and forwards—from my knowledge of the character of his handwriting I believe this to be his.
Cross-examined. Q. Do I understand you to swear positively to it? A. I could not do that—I do not recollect ever sorting a letter into my own bundle belonging to another district—I never took out one wrong since I have been in the Post-office—I have known it done by others in mistake; their duty then would be to deliver it after finishing their own walk—I was absent that morning doing other duty, and the prisoner sorted the letters—his father is still in the Post-office.
MR. BODKIN. Q. Is it the practice after the letters have been sorted into several walks, for each man when he takes the letters to his own walk to arrange them in the order of delivery before he leaves the office? A. Yes, he has then the opportunity of seeing again every letter which he has to deliver—I have been employed there three years.
EDMUND CARTER . I am the second assistant letter-carrier in the Bartholomew-square district—I did not assist in dividing the letters on the morning in question—I did not see this letter—I have seen the prisoner's writing—I cannot say whether this is his; there is certainly a similarity, but I can't say positively—I think it is his.
Cross-examined. Q. About how many persons are there engaged in the same room in sorting letters at that time in the morning? A. About forty getting ready for delivery—I cannot swear to this being the prisoner's writing.
GUILTY .—Strongly recommended to mercy by the Jury on account of his youth.
Four Years' Penal Servitude.
MESSRS. GIFFARD and ORRIDGE conducted the Prosecution.
JOHN BLACKBURN . I am a hosier, living at 221, High Holborn—on Monday, 26th July, the prisoner came to my shop somewhere about 3 o'clock—he asked to look at some shirts—I showed him some—he asked for a better quality, which were 2l. the half dozen, and said he would have four of them—he then asked to look at some kid gloves, and selected two pairs, at 3s. 9d. a pair, and then selected a black silk handkerchief which was to be hemmed—the things amounted to 2l. 1s. or 2l. 2s.—he pulled out his purse to pay me, but I saw that there was little or nothing in it—he then said, "I will send for them, if you will get the handkerchief ready"—he gave the name of Williams—between 4 and 5 o'clock, the witness Lynch came with a letter; this is it—it contained this 10l. note—(letter read: "Monday, 26th July, 1858. Sir,—I enclose 10l. and shall feel obliged by your giving the bearer the shirts, handkerchief and gloves, I purchased this noon, and please enclose the change in parcel. R. Williams. To Mr. Blackburn, corner of Little Queen-street, Holborn—wait an answer.") I had the goods made up ready, I did not send them; I made up a bundle of cuttings, and sent by him—I next saw the prisoner at the station in custody.
CORNELIUS LYNCH . I am a ticket-porter at Lincoln's-inn—on the afternoon of 26th July, about half-past 4, the prisoner came to me in New-square, took a letter out of his pocket, and asked me to take it; I cannot write, or read writing, but this looks like it—he told me to take it to Mr. Blackburn's, at the corner of Little Queen-street, Holborn, and wait for an answer, and bring it to 2, Adelphi-terrace—I asked what name I should ask for, he said Williams.
The prisoner here stated that he would plead Guilty, but the Jury being charged, they were directed to find their verdict.
GUILTY .— Three Year's Penal Servitude.
763. HARRY BUNBURY (38) , Feloniously forging and uttering an acceptance to a bill of exchange for 40l. with intent to defraud; also for feloniously forging and uttering acceptances to 2 other bills for 50l. and 100l., to all of which he
PLEADED GUILTY .—Strongly recommended to mercy by the Prosecutor.
Four Year's Penal Servitude.
764. EDWARD JONES (31) and JANE HAYES (26) , Burglary in the dwelling-house of James Sherry, and stealing 70 lbs. of tea and other articles, his property; in a second count Hayes was charged with receiving, and also as an accessary alter the fact; to which
JONES PLEADED GUILTY .— Four Years' Penal Servitude.
MR. SHARPE conducted the Prosecution.
JOHN COOK (Policeman, S 198). On Sunday, 11th July, in consequence of information, I went to a coffee-shop at 2, Smith field-bars—I there found a basket of tea; it was three parts full, the tea was loose in the basket—I made inquiries, and on 21st July, 1 went to 20, Tottenham-place, Tottenham-court-road, and there found the two prisoners in bed together—I told them they were charged with committing a burglary on 11th June, at 193, Sloane-street, Chelsea, and they must get up and go along with me—Jones said, "What slant have you got for us now?"—I took them to the station—I produce the tea.
ROBERT JOHN WAY . I keep a coffee-house at 2, Smithfield-bars. On 12th June, about 8 in the morning, the prisoner Jones and another man brought this tea loose in the basket to my house; it was covered over with paper, and a coat was thrown on the top of it—I had seen the other man once before; they asked me to purchase it; Hayes was not there—I gave 5l. for it—I did not weigh it at that time because I did not pay the whole of the money then; I paid 2l. and was to pay the other afterwards—the men went away and in about an hour returned with Hayes, and Jones said, "We shall not be likely to call ourselves for the remainder of the money, pay this woman, she is my wife,"—she came on the Tuesday, Wednesday, Thursday, and Friday—I gave her altogether 2l. 15s., and the other man, Album, received the rest of the 3l. on the Monday—on each occasion that Hayes came for money I made her sign her name to the bill; here it is (produced.)
Hayes. Q. Was anything said in my presence about how they came by the tea? A. No, I am not aware that the tea was mentioned in your presence, or what the money was to be paid for, only that it was due—you could see by the bill what it was for; it was made out by Album, who is dead.
JAMES SHERBY . I am a tea-dealer at 193, Sloane-street, Chelsea—on Friday night, 11th June, my house was fastened up at half-past 10 o'clock—next morning at 7 o'clock, in consequence of information, I went down and found several of my tea canisters empty—I missed altogether about 70 lbs. of tea—a sky-light at the back of the shop was broken and was propped up with a long stick, that was shut the night before—I missed two coats, a pair of silver scissors, a pair of shoes, and two bottles of whiskey—I can speak to this tea positively, for, about a fortnight before the robbery, in the hurry of business I threw a little black pepper into one of the canisters, and to prevent its being sold to the public I wrote on a piece of paper the word "pepper," and put it in the canister, and that paper I found amongst the tea in this basket—the basket is also mine.
BENJAMIN PRATT . I am an apprentice to Mr. Sherry—I was down first on the morning of 12th June—I found a dozen canisters on the floor and empty, and a great deal of tea about the floor, the front door was unbolted—I missed a basket and one of my aprons, which was afterwards found at the bottom of this basket.
HAYES— NOT GUILTY .
765. FREDERICK SHAW (25) , Burglary in the dwelling-house of Charles White, and stealing 1 basket, 8 bagatelle balls, and 1 lb. of tobacco value 25s., his goods, having been before convicted, to which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Three Years' Penal Servitude.
NEW COURT.—Wednesday, August 18th, 1858.
PRESENT—Mr. Justice WILLES; Mr. Ald. FARNCOMB; and Mr. Ald.
Before Mr. Justice Willes and the Fifth Jury.
767. HENRY HOUGHTON (39) , Stealing 1 saw, value 4s., of John Ryman; 1 saw, and other tools, value 8s., of Mark Deal; 1 spokeshave, value 1s., of Peter Johnston; 1 plane, value 4s., of Frederick Ashford; and two planes, value 5s. 6d., of Edward Hutchison, to which he
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .**— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Two Years.
GUILTY of the Attempt. — Confined Twelve Months.
THIRD COURT. Wednesday, August 18th, 1858.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. CUBITT, M P.; and Mr.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Three Months.
(See next case.)
MESSRS. THOMPSON and POLAND conducted the Prosecution.
JOHN EDWARDS (Policeman, 651) I produce a certificate from the office of the Clerk of the Peace. (This certified the prisoner's conviction of uttering counterfeit coin.)—the prisoner was again convicted in February, 1856, and sentenced to nine calendar months' imprisonment. I was present at the trial of the prisoner—he is the person.
JANE ELIZABETH HAYDON . I am the wife of George Haydon, an oil and colournan, of 6, Robert-place, Commercial-road—on 21st July last, the prisoner Loveday came into our shop for a quarter of a pound of soap, which came to 1d.—she gave me what appeared to be a shilling, and I gave her change—after she had left I bent it, and found it was a bad one—I put it by itself after I had marked it with my teeth, and ultimately gave it to the police-constable Richardson.
King. Q. Did you see me with the woman? A. No—when the woman first came into the shop, it was, as near as I can recollect, between 8 and 9 o'clock in the evening.
WILLIAM HOPKINS . I am in the employment of Mr. Haydon. I was in his shop on the evening of the 21st of July—I saw the female Loveday there; she put a shilling in Mrs. Haydon's hands—when she left the shop, my mistress told me to follow her—when I got out Bide the shop, I saw her going across the road, when King came up and met her—they went across the road again, and went down Whitecross-street together a little way and came up again, and, as they were coming up, I saw the man pass a shilling into the woman's hand—they then both went on together till they came near Mr. Ellis's, a greengrocer—the man went ahead, and the woman stopped at Mr. Ellis's and asked for a halfpenny worth of gooseberries—she gave the boy at the shop a shilling—he gave it to his mistress, who bounced it on the counter, and put it in her pocket—then I went in—the woman had change given to her—when the woman came out of Mrs. Ellis's she went along with the man till they came close by Arbour-square—before they got there, the man gave the woman a shilling—they then went across the road to Mr. Howlett's, the doctor's, at the corner of Arbour-square—the woman went in, and the man remained outside, nearly opposite—I stood outside the shop—when she came out, she went along on the same side about two yards, and then crossed the road again—I then went into the doctor's shop, and made a statement—when I came out again, the two prisoners were both together on the other aide of the way—I went across the road, and followed them right close up—just by the George they stopped; there was a post the female prisoner was passing by—the male prisoner put a shilling by the post, and, after she had passed, he trod upon it—the male prisoner picked up the shilling again, and swallowed it—the prisoners then crossed the road, and opposite the George they stopped by the German Chapel—they then went on again pretty near up to Cannon-street, when they separated—before they did so, he said to her, "You go across the road." I walked on a bit till I came up to a policeman, when I gave the woman in charge—before they separated, I saw the man drop something into her hand—he had a silk pocket-handkerchief; he let down the corner of it, and I saw some silver—he took some shillings out—he wrapped it up, and put it into his side pocket—when I met the constable I told him what I had seen, and he took the woman into custody—I heard the sound as of a shilling dropped on to the pavement—there was a crowd,
and it was not found—I pointed out the man in a crowd round the station, and he was taken into custody.
King. Q. You state, just before I came to Cannon-street you saw me give the woman a shilling and go across the road? A. Yes, you were both together when I gave the woman into custody. I did not give you into custody at the same time as the woman, because the policeman only caught hold of her. I said it was a black handkerchief—I did not say it was silk. I told the policeman I could swear to you by your clothes; I said you had a black coat on—I said nothing about a jacket—I described your dress when I went into the station—after the woman was given in charge I said the man had black corded trowsers on, a black coat, and a cap—I said I could swear to you by your corded trowsers and black cap—it was about half-past 8 to 9 o'clock when I first saw you at Mr. Ellis's shop. I was right behind you when I saw you give the woman a shilling—I could tell it was a shilling—I saw you put it into her hand.
MR. POLAND. Q. Are you able to say he is the man? A. Yes, I am sure he is.
COURT. Q. How long was it after you first saw him opposite Mr. Haydon's till you gave the information to the police? A. It was about 10 o'clock. I had been following him all the while, for an hour and a half—it was gas-light, and I kept him in sight all the way—it was a good time after the woman was taken that the man was taken—the man was along-side of the woman when she was taken—the policeman caught hold of the woman, and the man went away and I lost sight of him—I saw him again in an hour afterwards, just opposite the Arbour-square station-house, among a crowd of persons, and I pointed him out to the policeman.
JOHN WILLIAM WILLIAMS . I am assistant to Mr. Benjamin Howlett, surgeon, of Arbour-terrace, Commercial-road—on 21st July, the female Loveday came into our shop about 9 o'clock at night; she asked for two ounces of salts—I served her with it and she put something resembling a shilling on the counter; I told her it was a bad one—she said she had just taken it in change of a vegetable man; she took it up and left the shop—it bent nearly double—the police-constable Richardson afterwards brought the woman into the shop—the last witness came into the shop immediately after the woman had left.
SAMUEL RICHARDSON (Police-constable, H 219). I was on duty on the night of 21st July, at the corner of Gough-street, Commercial-street—Hopkins pointed out Loveday to me, and from what he told me I took her into custody—he said, "I charge her with passing bad shillings"—she was carrying a small basket—I heard the chink of some money dropped on the ground—I never found the money; there was a crowd and a scramble took place—I had a difficulty in keeping the woman in custody. I took her to Mrs. Haydon's shop, when she identified her, and I then took her to the station-house. I saw a man resembling the male prisoner walking in front of the woman when I took her into custody—the lad (Hopkins) pointed him out to me about half an hour afterwards; he gave me a description of the man—he pointed him out at the station door—there were many people there—I and another constable took him into custody; I told him he was charged with being concerned with the woman Loveday with passing a bad shilling—he said he knew nothing about the woman—the inspector asked him whether he did not know a woman who lived at the same place as the female prisoner in the Commercial-road—he said he did not—the female prisoner was being searched at the time, and he did not see her—the man
gave his address, 9, Wilson-place, Fleur-de-lis-street—he is not known there—I produce the bad shilling Mrs. Haydon gave me.
King. Q. The next morning did I not tell you I lived at 11? A. No, on the second examination at the police-court, before Mr. Yardley, you did say if I went to 11, I would find it correct—I did not go there—I went to the place in the charge sheet—I did not ask the landlady whether you lived in the same house with the female prisoner—when you were searched I found 2 1/2 d. and a key upon you—I did not see you offer any assistance to the woman—you walked quickly away.
King's Defence. On the 21st July, Wednesday evening, I left my house between 6 and 7 o'clock to go to Mr. Middleton's, in Chambers-street, Minories, to inquire for Louisa Judge, a woman I had been keeping company with; I stopped there from 7 in the evening until 10 o'clock at night, and then left her—I then went to 11, Wilson-place—I pulled off my corderoy jacket and gave it to the woman to mind, and I put this jacket on with the intention to go down to Limehouse-causeway—as I was passing Arbour-street station I found a quantity of people collected; I was not there more than five minutes when the boy ran right up against me and cried, "Why do you not get out of the way"—he went on, and then came back and took hold of my collar, and said, "This is one of them which was along with the woman;" with that the policeman inside the door came and took me—the boy says he can swear to me; that I had a pair of corded trowsers and a black cap—I asked him whether it was a black jacket; he said, "No;" he said "I can swear to you, you had a pair of corded trowsers and a black cap—the inspector said, "Have you not seen this woman?" I said, "No;" he then said, "Do you not live with her at 9, Commercial-road?" I said, "No, I live in Wilton-street, Spitalfields"—I was in an agitated state of mind at the time, not knowing what I was charged with—if he had let me alone I should have given him the right number; I afterwards told the policeman I did not live at 9, I lived at 11, and that is correct—I can prove by two or three witnesses that the boy is under a mistake; I was never out in the road at that time of night; I am utterly ignorant of the woman, who knows I am not the man that was with her—I call James Middleton, Louisa Judge, and Mary Ann Middleton. [They were called but did not answer.] They understood I was to be tried yesterday.
Loveday. The man is innocent—I do not know the man, I never saw him.
KING— GUILTY .**— Six Years' Penal Servitude.
MESSRS THOMPSON and POLAND conducted the Prosecution.
JOHN MULVANY (Police-constable, S 8). I produce a certified copy of the conviction of Robert North—(Read: "Central Criminal Court, January 29, 1856; Convicted on his own confession of unlawfully uttering counterfeit coin; Confined One Year"). I was present at the trial—the prisoner is the man who was tried.
ANN LEE . I am the wife of James Lee, who keeps the Red Lion in Great Wild-street, Drury-lane—on 12th June, the prisoner came into our house, together with Henry Jackson, at about half-past 5 in the evening—Jackson asked for some shrub, I told him I had not got any in the bottle—then he said to North, "Shall we have spruce?"—North said "Yes"—he then asked for half a-quartern of spruce—I served them with it; the
price of it was 2d.; they both drank of it—North tendered a 2s. piece; I could not swear it was a good one. Jackson said, "I will pay, I have got some halfpence"—he put his hand in his pocket and pulled out some halfpence; he was about paying, when North said, "Never mind, I may as well change this." I gave him back the florin—I put it on the counter when Jackson was about paying me the halfpence—North took it up, and put it in his pocket; then he put the bad florin on the counter—I then said, "You have rung the changes"—I took it up and said, "You shall not have it back," and I broke it in the detector. I✗ turned round and said to my husband, "Look here, they have rung the changes"—he came from the parlour, and I gave him the bad florin—I went round to the prisoner and said, "You ought to have a punch of the head"—they did not say anything—I called in the policeman and gave them in charge.
Prisoner. Q. Did you see me put the florin in my pocket? A. Yes; you did not say, "I brought my friend in to treat him and I will not allow him to pay for it."
DANIEL HALLY , (Police constable, F 111). On 12th June, I was called into Mr. Lee's house—the prisoner was given iuto my custody, together with Henry Jackson—I received a bad florin at the time—the prisoner gave the name of John Thompson—he said he knew nothing whatever about Jackson—I took them both to Bow-street police-court, and they were discharged; that was the only case against them.
Prisoner. Q. Did I not say Jackson was my friend, and I did not like to see my friend locked up for it? A. I do not remember that.
HESTHER SPRINGETT . My husband keeps the Nag's Head, at 30, Warwick-street, Golden-square. I was in the bar on the 26th of June, between 12 and 1—the prisoners came in together—Jackson asked for some spruce—I served him with 2d. worth—he tendered a shilling; I gave him the change—I kept the shilling in my hand—they both drank up the spruce, and went away directly—when they went out I examined the shilling; I tried it with my teeth and found it was a bad one, it bent readily—my husband went after the prisoners, and returned with them in custody—I said to Jackson in the presence of my husband, "He has given me a bad shilling,"—he said, "Give it to me back and I will give you another"—I said, "No, you shall not have it; I will give you in charge"—my husband procured a constable and gave them iuto custody; I stopped at the door to prevent them going away—I gave the bad shilling to the constable.
WILLIAM HENRY SPRINGETT . I am the husband of the last witness—on Saturday, 26th June, my wife showed me the shilling, and I went after the prisoners and brought them back—I then went over to the police-office and fetched two constables—one of them cut the shilling with a knife, and it was quite soft.
JOHN CORNELL (Police-constable, C 109). I was fetched to Mr. Springett's house—I found the two prisoners there—Mrs. Springett gave me a shilling—I tried it with my teeth first, and then I cut a piece out; I am quite sure it was a bad one; the other constable with me saw me cut it—we took both the prisoners into custody—North said he had nothing to do with it, he had not tendered the shilling—when they were taken to Marlborough-street, they were placed in separate rooms by themselves—I was going to show to the other constable the shilling Mrs. Springett gave me, when North passed his hand betwixt our two shoulders and snatched it from me; he put it in his mouth and swallowed it—I immediately seized him by the
throat, put my hand in his mouth, and found the shilling was gone—I found on North 3s. in silver, and three-pennyworth of copper; and on Jackson, 1s., 6d., a 4d. piece, and a halfpenny.
Prisoners Defence. On Saturday night I met Jackson, and asked him to go and have a drop of something to drink—I took him in to Mrs. Lee's to treat him—he said he would pay for it; I said I did not like to see him pay for it—Mrs. Lee gave me the florin back again, and said I had rung the changes.
GUILTY .**— Four Years Penal Servitude.
774. HENRY JACKSON (28), was indicted for the like uttering. The previous evidence was read over. MR. PHILIPPS, for the prisoner, contended that as no bad coin was traced to him, there was no case against him. The Common Serjeant left the case to the jury.
GUILTY .— Confined Six Months.
MESSRS. THOMPSON and POLAND conducted the Prosecution.
JOSEPH DEEBLE (Police-constable, H 195). I produce a certificate of a previous conviction. (Read: "2d February, 1857. Convicted, on his own confession, of unlawfully uttering counterfeit coin. Confined one year"). I was present at the trial of the prisoner—there was another man charged with him.
MARGARET WATTS . I am the wife of George Watts, of 8, Back Church-lane, Whitechapel—on 3d July, the prisoner came to our shop at about half-past 1 for half an ounce of tobacco—I served him: it came to three halfpence—he tendered a bad 2s. piece. I told him I suspected him—I bent it with my teeth—I told him I suspected he was trying tosteal a gold watch from a gentleman who was in the shop—a gentleman and lady were sitting in a chaise outside the shop; the prisoner asked him what time it was—a woman was with him, and there were two men with her—the woman tried to take him away: the two men were a little below at the other side of my door—when I spoke to him, he said, "I will pay you for the tobacco"—he said he did not know the florin was a bad one—I said "I shall lock you up"—one of the men outside the door came and offered to pay for the tobacco—when they tried to get him away from me, he struggled very hard and struck me—the gentleman who was in the chaise came into the shop to help me—the woman came to the door and said, "What do you want with the man?"—I said, "He gave me a bad 2s. piece; it is no business of yours, you go away"—she said, "It is business of mine"—I said, "What have you to do with him?" she said, "I am an unfortunate woman, and I picked him up outside"—the gentleman who was outside came to the door and brought him back to my shop—I had kept hold of him outside; I never left him—he used bad language to me, and said, he'd be d—d if I should lock him up—a constable came, and I gave him into custody—one of the men outside came into the doorway and said, "Why do you not let the man go: here is the three halfpence for the tobacco; what do you want to lock the man up for?"
RICHARD KENWOOD (Police-constable, H 194). The prisoner was given into my custody in the shop of the last witness, who gave me the bad florin—the prisoner caught hold of my coat and told me I should not take him; he struggled; and we went to the ground—I got him up again and took him
to the station—I searched him, and found a knife and two 1d. pieces upon him—he gave the name of Stevens, but no address.
Prisoner. I am quite innocent of its being bad.
GUILTY .— Four Years Penal Servitude.
(It was stated by the Police-constable that during the last five years the prisoner had got his living entirely by passing bad money.)
MESSRS. THOMPSON and POLAND conducted the Prosecution.
MERCY JANES . I am barmaid at the Royal Oak public-house, Poplar—on the evening of 12th July last, at about half-past 7, I was serving in the bar; the prisoners Potterton and Cave came in, and I served them with half a quartern of gin and peppermint—Potterton gave me half-a-crown: it was a good one—I gave him in change a florin and 4d. worth of coppers—I put the half-crown in the till—Potterton asked for a small glass; I got him a smaller glass, when he said he would make the first one do, and I put the other back again—they drank the gin and peppermint—Potterton then said, would I give him smaller change for the florin? and he put the florin in my hand; I gave him in change two 1s. pieces—I put the florin in the till—he gave one of the shillings to Cave—they then went away—I did not see Ward—there were about ten people in front of the bar at the time—almost immediately after they had gone, a person of the name of King came in and spoke to me—I then looked into the till—no one had been to it in the meantime—I took out the florin and found it was a bad one; it was on the top of the other silver—I did not examine the rest of the money in the till—there was another florin at the bottom of the other silver: there was about 30s. worth of silver—I am quite certain from the position of the other florin it was not the one I had put in the till, or that Potterton gave me—I gave the bad florin to King, who shortly afterwards returned with a person named Winter, bringing in Potterton and Cave in custody—King gave me the bad florin again—a constable was sent, and they were given into custody.
Potterton. Q. How many people came in? A. Two—I did not mark the florin; there is nothing on it that I can swear to it by—I am positive the one I found in the till was not the one I had given you in change—I know the florin King afterwards returned to me by its being bent; I bent it before I gave it to him.
Cave. Q. What did I say? A. You did not say anything more than that you told Potterton he owed you 2d. more which he borrowed—Potterton paid Cave a shilling, and Cave asked for 2d. more; that was after he had asked for the two shillings.
Potterton. That was my motive in asking for smaller change, to pay him.
WILLIAM KING . I am a carpenter, living at Elford-street, Millwall—on the 12lh of July last, I saw the three prisoners in that neighbourhood, between 7 and 8 o'clock in the evening; Potterton and Cave, were standing opposite the Royal Oak, and Ward was hanging about there—I saw them all three go into the house; Ward went in about a minute first, and they all came out, one after the other—directly they got out, me and my mate went in—I spoke to the barmaid; she pulled the florin out of the till, put it
into her mouth and bit it, and then said it was a bad one—my mate Winter was with me at the time—we left the Royal Oak, and followed them right away down Millwall, to a little beer-shop called the "Times Brewery Tap."—Potterton and Cave went into the Times Brewery Tap; Ward was walking about on the other side of the way—they remained in the beer-shop a very short time; when they came out, they went down the road again, and the other one joined them—I went on ahead of them to find a policeman, and left my mate to watch them—they went to the Islanders public-house—I and Winter went in and told them they must consider themselves in our custody—Ward had walked away towards Mill wall—they wanted to know what I took them in custody for; I said, "For passing bad money"—they said they knew nothing about it. I brought them directly up to the Royal Oak, and handed them over to a police constable—it was half an hour after I saw them at the Royal Oak, that I took them into custody at the Islanders—when I took the two prisoners back to the Royal Oak, I gave the florin back to the barmaid; I kept it in my pocket by itself, while it was in my possession—I afterwards took Ward into custody on the canal-bridge, Blackwall, in about two hours.
Potterton. Q. Did I go quietly, or did I resist? A. You went quietly—it was a mile and a half from where I apprehended you that I took Ward into custody—he could have got away in less time than he did—they told me at the Islanders you had a pint of beer and paid 2d. for it.
HENRY WINTER . I am a sawyer, living at 4, Emmett-street, Poplar—on the 12th of July, I went with the last witness to the Royal Oak—I saw all the three prisoners go into the Royal Oak, Ward first, and the other two followed—they afterwards went to the Islanders—I went in there with King, and assisted him in taking Potterton and Cave into custody—we let Ward go on, because we could not find a policeman.
Potterton. Q. How did you know it was a bad florin? A. I know nothing about the money, only what the barmaid told me—King said nothing to me about a bad florin—we asked the barmaid, what money she had taken of the men that bad just gone out, and she said a 2s. piece—she put her hand in the till directly, and said it was a bad one—at first she stated it was half-a-crown—she kept the 2s. piece, and gave it to the policeman.
COURT. Q. What did King do with the florin? A. After he came back he gave it to the barmaid—I did not mean that she kept it in the till all the while; King had it all the way down Millwall—I did not know anything about the apprehension of Ward—I saw him after he was in custody—he was searched at the station; nothing was found on him in my presence.
Cave. Q. When I was apprehended at the Islanders, did you tell me what it was for? A. Yes—there were a good many people in the passage at the Islanders—Ward was about twenty yards away from the door; he was not in the house.
MOSES NICHOL (Policeman, K 97). On the night of the 12th of July, I was called into the Royal Oak, and Potterton and Cave were given into my custody on a charge of passing a bad 2s. piece—they said they knew nothing about it—I received the bad florin from the barmaid—I took them to the station-house, and then went in search of Ward—I found him sitting near the canal-bridge, in the Brunswick-road, about a mile from the Islanders—I took him into custody—I told him he was charged, with two other men at the station-house, with passing counterfeit coin—he
said he knew nothing about it, my "Jol'y" was very good, and believed in Bromley—that in a slang word for chaffing—the constable Huckstep, at the station, took from his hand a piece of paper containing four counterfeit florins.
Putterton. Q. Did I go quietly, or make any resistance? A. You went quietly—nothing was found on you.
Cave. Q. Was anything found on me? A. No.
WILLIAM HUCKSTEP (Police-constable K 293). I was at the station-house when Ward was brought in in the custody of the last witness—I saw his left hand was tightly clenched—I seized him, took hold of his hand, and tried to open it, which I did with great difficulty—I found in his hand four counterfeit florins, wrapped up in a piece of paper—I asked him if he had any more—he said, "It matters not if I had forty score; you have got enough to make a case."
Potterton to MERCY JANES. Q. When I asked you for smaller change did you see me take the good one and substitute a bad one? A. No, I did not; my back was turned from you—I had not served you when I gave you the change—I did not see you change the one you put down.
COURT. Q. Did you see him touch the first florin he put down? A. No—when he asked me for a smaller glass I turned to the side—the florin was on the counter—when I brought the small glass he said he did not want it—he did not touch the liquor till I had given him the florin.
JURY. Q. Was the silver in a bowl, or in a flat till? A. Yes, in a bowl.
(The prisoner Potterton, in a long defence, stated that there was no evidence of his being in company with Ward, and that there were contradictions in the evidence—his only object in going into the public-house was to get change to pay Cave what he owed him—Hiere were many other customers in the house at the same time, and the barmaid was very likely to be mistaken as to the money in the till.)
POTTERTON— GUILTY .— Confined Nine Months.
WARD— GUILTY .— Confined Nine Months.
CAVE— GUILTY . **— Confined Twelve Months.
777. WILLIAM TOTMAN (30) and JANE SMITH (24) were indicted for unlawfully having in their custody and possession 4 counterfeit half-crowns and 10 counterfeit shillings, with intent to utter the same, well knowing the same to be counterfeit.
MESSRS. THOMPSON and POLAND conducted the Prosecution.
ESTHER CRASKE . My father keeps a baker's shop in the Mile-end-road—on 17th July last, Smith came into the shop at about 8 o'clock in the evening and asked for a penny biscuit—she tendered a shilling; I showed it to James Kemble, who was in the shop, who told her it was a bad one—she gave me a penny for the biscuit—Kemble bent the shilling and gave it to her.
Totman. Q. Did you see me along with the woman? A. No.
JAMES KEMBLE . I am a commercial-traveller, living at 126, Brunswick-street, Hackney-road—on the evening of 17th July, I was in Mr. Craske's shop, and saw Smith there—a shilling was handed to me which I found, on examining it, was a bad one; it bent nearly in two—Smith paid a good penny for what she had had, and then left the shop—the last witness said she thought the woman had bad money, and I followed her—she walked
down the road eating a biscuit—I saw her walking by the side of the road—she stood over a drain and put something in the gutter; I cannot tell what it was—I followed her—she crossed the road and joined the male prisoner; he was about 300 yards off—I spoke to a police-constable—the woman looked round, and when she saw the policeman following she started off running—she was afterwards taken into custody, when she tried to throw a parcel away; the constable wrenched it out of her hand; I saw it opened; it contained four half-crowns and ten shilling pieces.
Totman. Q. Did you see me offer to speak to the woman, or anything of that kind? A. I saw you walk with her—I saw you wait for her, and when she came up to you, you walked along together—after she had put something down the drain, she stood looking about for sometime for someone, and you crossed the road and joined her—you were very nearly opposite the tavern, about 200 yards from the shop—I saw you walking and talking to her.
WILLIAM VAUGHAN (Police-constable, K 17). The last witness pointed out the female prisoner to me—when I took ker into custody, she did not say anything—no one was with her at the time I first saw her; she was looking about as if she was waiting—two minutes after, the male prisoner joined her—I saw him put something into her right hand—I immediately ran across the road, and the man ran away; I seised the woman's hand—I saw she received a parcel from the man—I took from her ten counterfeit shillings and two counterfeit half-crowns; they were wrapped up separately—the male prisoner was taken into custody by another constable.
Totman. Q. What distance were you off when you saw me running? A. Nearly opposite, about eight yards—you were talking to her for about fifty yards altogether.
STEPHEN TUCK (Police-constable, K 434). I was on duty with the last witness at the time in question—Kemble spoke to me about the female prisoner—I saw the male prisoner join her—I saw him pass something into her hand—when she saw me she turned round and ran away—my brother constable took her into custody, and I took the man—on the way to the station, he asked me what it was for; I told him for being concerned with the woman passing counterfeit coin—he said he knew nothing about it—at the station-house I searched him, and found a penny and a knife.
WILLIAM WEBSTER . It is all bad money—four of 1816 are from one mould, two of 1818 from one mould, and two of 1853 from one mould; the others are from different moulds—the half-crowns are not from the same mould.
Totman. I came up to London from Cheshunt some weeks ago.
TOTMAN— GUILTY . **— Confined Eighteen Months.
SMITH— GUILTY .— Confined Nine Months.
OLD COURT.—Thursday, August 19th, 1858.
PRESENT—Mr. Justice WILLIAMS; Mr. Ald. CUBITT, M.P.; and
Before Mr. Justice Williams and the Fourth Jury.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
GEORGE PARROTT . I reside at 1, Cavendish-square, and am principal manager of Sir Claude Scott's bank; the firm consists of Samuel Scott and another—the prisoner was in their employment as city collecting clerk, and had been for about two years—his duty was to collect the sundries east, the city articles, the bills and drafts lying in the east part of London, in the city—by the word "article," I mean a cheque, bill, or draft, or anything of that kind.
MR. METCALFE. Q. Were his duties defined in writing? A. No, the duties of the different clerks are not put in writing.
MR. SLEIGH. Q. Is there a book kept at the bank called the east-walk-book? A. There is: this is it (produced)—this contains the prisoner's account of his walk on 5th and 9th July—the contents of this book relate exclusively to the prisoner's walk—it was his duty only to keep that book—the entries are entirely in his writing, upon the days that he took the walk—the whole of the entries in respect of 5th July are in the prisoner's handwriting—on that day, according to his entry, he had to collect 14,601l. 11s. 3d. in cash articles and morning drafts, that is, cash articles as distinct from bills; there is 781l. 8s. 3d. entered as the amount of the bills of exchange, besides the cash articles—those two sums together amount to 15,382l. 19s. 6d.; the money that he actually accounts for as having received that day is 14,564l. 6s. 7d.—the two first items are what he had to collect, and the last item is what he actually brought home—he accounts to us for that sum—the balance between those sums would be 818l. 12s. 11d.—he accounted for that sum by sundry drafts called "returns," amongst which figured two items: one upon Glyn & Co. for 499l. 6s. 4d. and one upon Jones Loyd for 161l. 10s.—returns are drafts not paid at the various bankers where he had to present them—the 499l. 6s. 4d. from Glyn's is entered as not due; that is an entry in his own handwriting; that represents the answer from Glyn's, that the cheque was returned as not due—the entry as to Jones Loyd is, "Jones, 161l. 10s. not due"—those two items, together with sundry other returns, which are perfectly correct, make up the 818l. 12s. 11d.—it was the prisoner's duty to have a book, provided by the bank, called the pocket walk-book; this is one of them (produced)—it was his duty to enter here the various items on the different bankers that he had to collect from, and to agree the total of each banker's charge with the amount so paid him by that banker—the east-walk-book he leaves at the bank; the pocket walk-book he takes with him, with the number of drafts to be collected, and he retains that walk-book in his hand to agree with the cheques paid him, and those ought to agree with the east-walk-book that is left at home, when it is made up—part of the entries on 5th July are in the prisoner's writing, but not Glyn's charge—there is an entry of 499l. 6s. 4d. on 5th July entered to the London and County Bank's charge, in the pocket walk-book—it is the same amount as Glyn's—he received from the London and County Bank the same amount that he has represented as returned from Glyn's—that is entered as actually received from them—by the entries in this book, it appears that the total amount he had to collect from Jones Loyd that day was 590l. 9s.—upon that account, 41l. 17s. is deducted; it does not appear on what account—we believe it was intended as a blind—that leaves 548l. 12s.—then there is 161l. 10s. also deducted, which leaves 387l. 2s. as the money actually received—at the end of the entries on 5th July, there is also a deduction in respect of 499l. 6s. 4d. from Glyn's. The entries in the east-walk-book on 9th July are in the prisoner's writing—the collection to be made by him that day is
entered as amounting to 13,745l. 7s. 10d., consisting of cash articles and morning drafts, and bills 696l. 6s. 4d., making together 14,441l. 14s. 2d.—the money that he accounts for having received that day is 13,705l. 0s. 3d.—that leaves a deficit of 736l. 13s. 11d.—among the returns that day, I find one in respect of Hankey's for 295l. 2s. 11d. marked as not due, I believe; there is a mark against it, it is not exactly not due, but it is meant to represent that, it is a species of comma, meant for ditto, "not due," being written above—there is also another return of Jones, Loyd of 378l. 15s. marked in a similar manner—in the pocket walk-book there is an entry of 1,061l. 8s. 10d., which represents the total amount of the charge to be received at Jones, Loyd's—then there is a deduction of 378l. 15s., leaving 682l. 13s. 10d. the amount actually received by him as represented by this book—the item of 378l. 15s. is represented as not received by him.
COURT. Q. According to the course of business, what does "deduction" mean? A. An article unpaid, presented and returned by the banker; deduction and return mean the same thing.
MR. SLEIGH. Q. Does that book also contain an entry in respect of Hankey's, by which he charges the sum of 295l. 2s. 11d. as unpaid by them? A. No; 295l. 2s. 11d. is the total amount of the articles to be collected upon Hankey's—the book represents the whole of that money as received—he represents it as to be received; but he has not brought it out as paid in his little book.
COURT. Q. I understood you to say just now that it was entered as all received? A. It was to be received; but it is not brought out—there is no other entry with respect to that sum in this book; it should have been brought out if paid, and it is not brought out.
MR. SLEIGH. Q. According to the practice of the bank, how would be account for those amounts which had not been paid him at the banks where he had been collecting? A. He enters them in his walk-book as "returns," and then hands the draft itself, or an article or a ticket representing that draft, to the keeper of the sundries east, or undues—the draft is supposed to be left for acceptance at the bank; it may be an article that is only a day's date—if he retains the draft, he hands it to the keeper of the sundries; if he leaves it behind him, he hands in a ticket representing it—these tickets (produced) are in the prisoner's writing—this is "C. A., Jones, for acceptance, Hall, West, & Co." means a bill of Hall, West, & Co. of Brighton, on Jones, Loyd; this represents it: the date is 9th June, 1858; that means the date upon which the article is left for acceptance; but it is wrong in this instance—the "C. A." means "Cash Article"—the other ticket is "C. A., Hankey; Harvey & Co. 295l. 2s. 11d.; 9th July, 1858"—that was for acceptance also. On Saturday morning, 10th July, in consequence of matters which had occurred, the prisoner was called into Mr. Scott's private room—Mr. Scott, Mr. Tyson, the prisoner, and myself were present—these two tickets were lying on the table before Mr. Scott; Mr. Scott handed them to the prisoner and said, "Can you account for these articles, Mr. Jervis?"—the prisoner replied, "They are drafts left for acceptance"—Mr. Tyson said, "No, they are not; I have ascertained this morning that that is not so"—the prisoner then hung down his head, and said, "I can't say"—Mr. Scott said, "Well, but that is very singular, Mr. Jervis; you must give us some explanation"—he replied, "All I can say is, that all the moneys I have received I have brought home"—Mr. Scott said, "But how about this particular sum (referring to Hankey's tioket); we have ascertained that
they paid you that amount, being the amount of their charge: do you mean to say that that has not been paid you?"—the prisoner held down his head and said nothing—after waiting a few minutes, he was again asked if he could afford any explanation respecting the tickets, and he then repeated what he bad said before, "I can say nothing, but that all the moneys I have collected I have brought home"—Mr. Scott was then called out of the room for a moment—I then told the prisoner that we had found out all about it, and could not he explain it at once, and save us further trouble—he shrugged his shoulders and said nothing—I then asked him if he could give us the money for those tickets—he said no, he could not, the money was gone—he was given into custody immediately afterwards.
Cross-examined by MR. METCALFE. Q. When you took up the conversation, had Mr. Scott left? A. Yes; Mr. Tyson was present when I said to the prisoner, "Can you give us the money for these tickets?" I believe he said, "No, I cannot; the money is gone"—I wrote down what he said afterwards—he had said 2 or 3 minutes before to Mr. Scott that all the money he had received he had paid in—I don't remember his saying, "My books will explain all that I have done; "he might have said so, but I do not remember that he did—the pocket walk-book was not produced, but the walk-book east was—Glyn's charge on 5th July was not received by the prisoner; it is not in this book at all—the whole of Glyn's charge on 5th July is in Gliddon's handwriting, for Gliddon collected it—there are a great number of entries, amounting to 2,200l. odd—Gliddon is one of our assisting-clerks—all the work with Glyn's that day was transacted by Gliddon, and this book shows it—the prisoner had to collect money on drafts, and to go to the Bank of England—he had occasionally to go to the India-house—he never received dividends there—these items probably represent East India stock paid into the Bank of England—he very seldom had business there—he had to go to our brokers in Lothbury, and to do business there—he had messages given to him from myself, Mr. Scott, and others, almost every day; it was his duty to attend to those—he occasionally delivered letters when wanted, and had to bring back the results of his messages and inquiries, that was what he was sent for—he had rents to collect at times, and payments to make; he paid for our stock purchases; he had to make those payments, in smaller or larger sums, at a great many different places, and to give an account when he returned of all that he had done—he had to present bills for acceptance at the houses within his beat—anything out of the way was given to a notary.
Q. Has he complained repeatedly of having too much work on his beat? A. I have heard him make such a complaint, but I thought it unjust—on the day in question we sent in Gliddon to assist him; that was not particularly on account of his complaint—he did not complain to Mr. Scott, nor was Gliddon sent in consequence—he had complained several months before—Mr. Scott is not here—when I thought it necessary, we were in the habit of sending Gliddon to assist the prisoner, not when I thought it unusually heavy; Gliddon had other business to transact, and when he went into the city he assisted the city clerk—I do not remember such a thing occurring as assistance being sent in consequence of his complaints—I have been the manager for 6 or 8 months; Mr. Tyson was my predecessor—the prisoner was given into custody and taken before the magistrate the same day, upon these very charges that are now being inquired into—inquiry was made before the magistrate whether the notes received on these articles were paid in, and evidence was taken from the different bankers' clerks; we said that they were not paid in; we charged him with embezz✗
ment—I believe the clerk took the depositions—after it was said that the notes were not paid in, the book containing the entries of the notes was called for, the book in which the numbers and dates of the notes were entered; that is, the cash article waste-book—it is impossible for me to answer whether on that book being produced it turned out that the very notes received from the bankers on these articles were paid in—I can't say that I produced from my pocket one of the 300l. notes that was paid on these very articles; a 300l. note that he had received was produced in court, I can't say who produced it; I think I produced it; it was one of the notes that the prisoner brought home the day preceding; I think it was the note he had received from Hankey's charge which he said was not paid him.
Q. Did the magistrate upon that refuse to proceed upon that charge, and did you then take other cases? A. I was unassisted by a solicitor, and Mr. Long said the evidence was not complete—we had a remand on that day—when Mr. Mullens came he reserved that charge for future attention—I can't say that he formally abandoned that charge before the magistrate, I have no knowledge of it—I cannot say whether the depositions were gone on with that day; I should think it very unlikely—I believe Mr. Mullens said he should not offer any evidence as to that charge, but he should proceed to others; he did proceed to others—The walk-book is not made up over-nights to a great extent—I should think the drafts of the 9th are not entered on the 8th, the practice that obtains in our house is upon any very heavy day, say the 4th of the month, to detain the clerks to enter over-night the articles that they have got to collect in the morning, but that is an unusual occurrence; I should say on the day in question it was not done; they are entered in the morning before he goes out—it is not our practice to enter them by anticipation; it might have been so on that occasion—he goes out at 10 o'clock—he comes to the bank at 10 minutes to 9, he is generally early—before he goes out he has to make these entries; he has also to stamp the drafts and sort them; there are very few drafts come in in the morning, it applies chiefly to the amounts coming in the day preceding—the line drawn in the middle of the page does net indicate morning drafts, they may be taken from the undues of the day preceding; these are the bills—bills and cash articles are kept separate; we call them sundries and morning drafts; the sundries are taken from the undue sundries of the day preceding, and the morning drafts are added to them—there may be four or six, I should say six was the outside—I am speaking of morning drafts or undues, for which a ticket or something has been given—I do not know that those on the other side of the line that is drawn, are made up on the overnight—the bills are entered in the morning generally, very seldom at night, they are occasionally—his duty is to make every entry before he goes out; they are all entered in anticipation of collection—the pocket walk-book is his private memorandum, he makes that up as he goes on, whilst on his walk—as soon as each of those books is concluded or posted up it becomes to a certain extent waste-paper; it is not kept—it is the property of the bank; it is found by the bank; they are put away with our other books—he renders them to us, but we are not strict on the point—I do not mean to say that we have all these books of two years ago, we are not bound to keep them; the clerk should return them after they are completed; it is not the practice to destroy them for a year or two; they ought to be kept for three or four years and then be destroyed—we have all the prisoner's walk-books, and I should say we have a great many others; we keep them in regular methodical order—there is no clerk to whom they are given, they
are put in a certain place, sometimes under the desk in a place reserved for them, and sometimes in a desk; but it is an extraordinary thing that the prisoner is almost the only clerk that has regularly kept them; we are not particular about their being kept; they are not made up totally with the walk-book, but merely with the private book—they were all in his desk—we broke open the desk; I believe he gave up the key without knowing that we had done so; I think he gave it to me the next morning when we charged him with it—I can't say whether or not we told him that we had broken open his desk—I don't remember whether I asked him for the key or whether he gave it up to me; he might have seen that it was broken open when he came to business in the morning, and no doubt he did—when articles are stated not to be due they should be asked for—the clerks do not check every item each evening—there is no clerk to whom he would make his return, hand over the sundries, and go over the account—he makes up his walk-book on his return, with the assistance of the articles that he brings home—everything he collects he brings home, and the rest he must account for in bank-notes or payments—when he comes home the walk-book is handed to him and he makes the entries against each item, whether they are paid or not—supposing he said an article was not due, we should expect him to bring it home; he ought to do so.
COURT. Q. What does "not due" mean? A. For instance, to-day is the 19th, we will suppose that he has an article due on the 25th, and he presents that inadvertently; he ought not to take it out with him, and the banker does not pay it, saying, "It is not due till the 25th"—the inadvertence is in the walk-book.
MR. METCALFE. Q. The item of cash articles 12,138l. on 9th July, would include such as those of Hankey's, Jones', and so on. A. Yes, if they are not specified by name underneath in the morning drafts—any one of the drafts or bills that he has returned as not due, may be entered in the walk-book, either under the head of cash articles in a lump, or in detail as a morning draft—this is a mass of bills, drafts, and cheques, taken from the sundries east-walk-book—those are what he has to collect that day, and the labour would be too great if he had to enter them all seriatim—these bills are to be received besides—the lump is the total of the drafts sent in to us for collection the day preceding and some of the drafts entered underneath that had only come in for collection that morning—the specified articles are the morning drafts and undues; undues is a short term which we use signifying sundries undue—drafts that remain in our house for several days being undue, are entered each day as undue, until they come to maturity, and they are then given him to collect with the morning drafts—the bills do not go into the balance.
COURT. Q. What is the reason why you keep the bills distinct from the cash articles? A. The cash articles form our balance of cash every day, the bills do not, and it is to meet that balance every day that the prisoner has been obliged to make these particular entries, otherwise it would have been discovered directly—it is to meet the balance, which is struck every day in every banking-house, that he has been obliged to do this—we strike a balance every day of all the amounts received and paid—these drafts are treated as cash, and called cash articles—the bills are entered distinctly; they do not come into the cash balance, they are entered seriatim in this book, which is kept by another clerk, and this pocket walk-book ought to contain a list of them—the pocket walk-book of 9th July contains the total amount; that is taken from the sundries east, which contains each article
seriatim; you will find the figures tally—the prisoner could always see that book—he takes the amount from it, and he takes the instruments themselves.
MR. METCALFE. Q. The other book you speak of is kept by another clerk, who furnishes the account to the prisoner? A. The prisoner himself takes it from the book—it is generally done by himself, he trusts to his own work—I do not think we treat our cash articles differently from other banks—if a customer pays in a country cheque, we sometimes treat it as cash and sometimes not; sometimes it is entered as a bill, and sometimes as a cash article, as the case may be—a country cheque takes four or five days to clear—If it is a large amount we enter it as a bill, because it gives a fictitious cash balance; if it is a small amount, it may, or may not, be entered as a cash article—drafts not yet due we sometimes enter as cash articles, and sometimes not; if it has only a day or two to run, it is put in as cash, to the credit of the customer when received—that is not at all an unusual practice with banks; every bank in London does so—it is not the constant practice for what has been put in as a cash article to be returned as not due; it is so occasionally—here is one on 9th July of 46l. 15s. and one on the 7th—If he does not bring back the article, he is required to give a ticket—he ought to bring in the article itself next day—this mark is not meant for ditto, it may mean a. for acceptance or anything—in the case of the 42l. 16s. which was returned as not due, the article itself was given in—it was not given in to me, I merely speak from the book—there is no reference made to it here—in the case of the 499l. 6s. 4d. of Glyn's, the article was not asked for, because there was no occasion to ask for it—I am not the party to whom he gave in the walk, therefore I cannot say, I only tell you what is written here, "not due"—generally speaking, if an article is returned as not due the article itself ought to be insisted upon and not a ticket.
COURT. Q. I understood you to say just now that if there is simply an entry "not due," and the bill is not left for acceptance, the instrument itself ought to be brought back? A. Yes, if it is left for acceptance we have one of these tickets instead.
MR. METCALFE. Q. But in neither of these instances on 5th July was that done, because a ticket was taken, although the words "not due" are written. A. No, you misapprehend, we have no ticket for those—Gliddon and Smith keep the undue sundries; they have the copying of the book the day preceding—they are not the parties who would hand the prisoner the articles next morning—they would make out the account of what was to be collected by the prisoner, and next morning the articles represented in that account would be handed to him by the party who ascertained the undue sundries—I can't say who that would be on the 5th, it is sometimes done by one, sometimes by another—there are two or three clerks whose duty it would be to sort drafts; I can't say who it was that did it on the 9th; it did not occur to me to inquire, it is perfectly unimportant—the 499l. 6s. 4d. of Glyn's, and 161l. 10s. of Jones, Loyd, received on the 5th, are charged as again given out to the prisoner on the 9th, and accounted for on the 9th, in the walk-book east—they are charged out against him for collection, not as coming in on that day—he charges himself with the receipt of them on that day; he is charged with them for collection, and he makes them paid on that day—they are brought into the cash balance as paid on that day—supposing the tickets to have been given for them on the 5th, they would have been returned to him when they were brought into the account on the 9th—he did bring tickets for the 499l. 6s. 4d. and 161l. 10s.—I do not know that of my own knowledge, I have not seen them.
COURT. Q. Then the result of the transaction of the 5th July would be that the two articles 499l. 6s. 4d. with Glyu's, and 161l. 10s. with Jones, Loyd. would be represented as left with them because they were not due, and tickets brought to represent them? A. Just so.
MR. METCALFE. Q. Then those tickets would be taken up by him when the money was paid in? A. They were charged out on the 9th, and two fresh tickets paid in—if the money was paid on the 9th, the tickets given in on the 5th would be given up to the prisoner, and he would destroy them; they would be given to him instead of the others, just as any other voucher.
MR. BODKIN. Q. Have you got the tickets? A. No—on 5tn July, there is entered in his walk-book a total charge of cash articles amounting to 13,801l. 12s. 11d., then there are some items which are morning drafts—the cash articles include all that we had on the preceding day, and the morning drafts are those that have come in before he starts; those being added to the 13,801l. 12s. 11d. the total he had that day to receive was 14,601l. 11s. 3d. besides the bills; with the bills it would be 15,382l. 19s. 6d.—that is the sum which, on 5th July, it would be his duty to collect and account for—the items composing that 15,382l. 19s. 6d. are all entered in this book, not specifically, the details of them are to be found in another book, to which the prisoner had access—before he leaves the bank in the morning, he takes charge of the securities that are represented as included in the moneys he has to collect—he has a banker's walk-case for the purpose of carrying them in—it is his duty to compare the articles that he puts into that case with the entries in the books, to see that he has got what he is charged with—he takes them down in the pocket walk-book—he does not check them over with this book.
COURT. Q. That would not enable him to check them? A. No; not till he comes back—he is told that there is a gross sum, which is the amount of the yesterday's cash articles, and the instruments are given to him to collect upon; that is all he knows at that time.
MR. BODKIN. Q. Then what is the object of the pocket walk-book? A. That he should take them all down seriatim, and, when he comes back, the total casting of this book ought to agree with the total casting of the other; it is a sort of private memorandum-book, to enable him to account for his day's transactions—in the account he has given of that day, the 499l. 6s. 4d., and the 161l. 10s. are deducted from the total; the private walk-book shows that—it mentions the amount with reference to the London and County Bank, and, at the end of the day, Glyn also—I did not say that the deduction of 499l. 6s. 4d. appeared without any explanation, it has "Glyn" to it; there is no explanation beyond that—there is also a deduction of the 161l. 10s. of Jones, Loyd—those two items are deducted from what he renders an account of on 5th July—according to the practice of the bank he would have to collect that 499l. 6s. 4d. as a demand still due upon Glyn's upon subsequent days, until the time arrived when it would be payable—on the 9th, Glyn and Jones are entered as a part of the charge that he had to collect on that day; he here accounts for the receipt five days before, of that 499l. 6s. 4d. and 161l. 10s., and then he reports them as not being paid on the 9th—he makes deductions represented by those two tickets, he makes the former two paid, and he deducts these two.
Q. Are they put as not due, or for acceptance? A. For acceptance—these tickets being marked "for acceptance," we should not ask for the documents themselves, we never do when they are for acceptance—those two amounts are deducted from the total receipts of the 9th—the 300l. note that has
been spoken of I produced as a not received, as I understood, by the prisoner from Hankey's, on the 9th; it was paid in by him on the 9th—I can speak of that 300l. note because I inquired of Hankers myself.
MR. METCALFE. Q. Did the prisoner give security to the amount of 1,000l. from the Guarantee Society? A. Yes; I believe so—when a ticket is given in, it ought to be kept until the money is paid; it ought to be given out to collect on—the ticket of the 5th ought to be given him on the 9th to collect on.
ALFRED GLIDDON . I am a clerk in the banking-house of Scott and Co.—I keep the sundries undue book—in that book is entered anything that is brought back by the collecting clerk as not having been paid—the entries in the sundries undue book on 5th July are in the prisoner's writing; he sometimes assisted in making entries—I find here an entry of "Glyn, 499l. 6s. 4d.," and "Jones, Loyd, 161l. 10s.,"—on 5th July, I assisted the prisoner in the collection in the city—we are busy on the 4th of the month—the 4th July was on a Sunday, and on the Monday I assisted him on the walk—I received the charge on Glyn's that day; I received 2,200l. 1s. 2d. from Glyn's that day—I handed it over to the prisoner on his return from the city, before he made up the walk—there was no draft on them that day for 499l. 6s. 4d.; there was no draft at all returned from Glyn's that day—I made the entries of the undues on the 9th—I have an entry of 378l. 15s. of Hall and West, and 295l. 2s. 11d. from Hankey's—I made those entries from these two tickets (produced)—the prisoner closed the sundries east-book on the 5th, I closed it on the 9th—on the 5th, there is no article entered of 449l. 6s. 4d. to be collected from Glyn's, or 161l. 10s. from Jones, Loyd—that draft was entered on the 4th, and charged against him, and ought to have been presented by him on the 5th—on the 9th, there is an entry of 378l. 15s. of Jones, Loyd—there is no article on Hankey's of 295l. 2s. 11d., but there is a charge on Hankey's, amounting altogether to 295l. 2s. 11d., composed of several items.
Cross-examined. Q. Did you give the prisoner a written or a verbal account of what you had done at Glyn's on the 5th? A. I handed a book which contains a copy of all received, to the prisoner, with the money; I mean the pocket walk-book—we made up the account together—I have constantly assisted him in his walk—instructions from the manager are generally issued for me to go—I took the walk during the prisoner's holiday in October last—I had to perform the same duties that he had—we always balance our cash receipts and payments at the bank every night—it is an object with the clerks to get away as soon as they can—a walk-clerk is very frequently over, and short in his account; not very often, very seldom, and to a very small amount—I had the duties for twelve monthts—I have been over, and I have been short, and other walk-clerks also—if a walk-clerk is over, he should mention it to the manager, and receive his instructions—if the manager is gone, he would go to the second in command—he would not give a ticket for it and put it with the securities—if a walk-clerk is over, the money is retained until the owner is found—he ought to make enquiries for the owner next day—if he is under, the same course is pursued—it is not a common practice to give a ticket for the amount, and have the matter investigated next day—tickets are not allowed—if he is short he must make up the money out of his own pocket—by the sanction of the manager he might give a ticket, but tickets have been disallowed for nearly three years—it is contrary to the principle of the house to have unsigned tickets—if a walk-clerk was short, he would represent the same to the manager or
to the house, and obtain a signature to a ticket—by a ticket I mean such as have been produced, with the amount—he would say, "City walk, short so much," and obtain the signature of the manager to that piece of paper—these two tickets are unsigned, they came through my hand—I reported that they were not right; I reported these very tickets as contrary to the principles of the house; they are unsigned by the manager—these are in receipt for the articles he took out on the 9th; they represent that the bills had been left for acceptance—the account is deficient those amounts—finding these tickets unsigned I brought them under the manager's notice—they ought to be signed by our manager—I reported them as wrong before this charge was made—I reported them on the evening of the 9th, the evening they were given to me by the prisoner—the tickets were passed through my hands, and were under my inspection, and I asked the manager if they were allowed—I had only recently been placed in a position for these tickets to pass through my hands—I had not taken the same sort of tickets on the 5th; they did not pass through my hands then—the prisoner assisted me on that day—they were not given to me, they would be given to Mr. Parrott—they were placed in the undues by the prisoner after having entered them—I have charge of the undues—they were placed there by the prisoner without my seeing them.
COURT. Q. What became of the tickets on the 5th? A. They were in our books three days, I think; and then they were changed for the others—the prisoner had them, they were given to him by another clerk—the prisoner is the only person apparently through whose hands they passed that day.
MR. METCALFE. Q. I understood you to say that they were given to him by some clerk? A. They were given to him by a clerk who has charge of the undues, in the morning—when the prisoner returns from his walk he gives me his returns—it is usual for him to hand over to me either the securities themselves, or a ticket for them—he entered the tickets himself that day and put them where I should have put them—he has entered them in the book on the 5th, for the two amounts 499l. and 161l.—I was not aware of the tickets being given in on the 5th—I did not make up the account with him in this book—I do not inspect all the drafts—this is the undues-book—I have to keep all three of them; we do not inspect them—I made up the balance of that day with the prisoner—I find entries of my own, the balance is in my figures—the tickets come into the balance—I say I did not see the tickets—I have cast some of these columns of sundries, and finally checked the balance—I did not cast the columns in which the tickets are entered, the prisoner did—there are many castings, perhaps thirty—I cast most of them, the prisoner assisted me—the tickets would be put on my desk, and would be locked up at night—I do not keep the key; the manager does, he locked them up—I place them in the boxes; in all probability I placed the tickets in the boxes—I have not been found fault with at all by the bank about this matter.
Q. Have you not repeatedly said to the prisoner, when there has been some difficulty in ascertaining where a particular error arose, "We cannot stop here all night, just give a ticket and set it right in the morning"? A. I do not recollect having done so; I will not swear I have not, because sometimes we are 1d. or 2d. wrong, and a ticket for that amount is not objectionable, but for a large amount of 300l. or 400l. I should not say so—those tickets would say, "City walk, short so much"; they would not state that a particular article was not paid in—if we left a charge behind
for examination we should have to go and get it—I do not recollect having told him to give tickets when the amount has been small, I may have done so when it has been a few pence—signed tickets are given at present—I say it is not customary to give unsigned tickets—I believe they were given previous to this prosecution, but I can only speak from 1st July—I did not give them at all when I took the walk.
Q. Have you told the prisoner that the walk was too heavy for him, that there was too much business for one man to do? A. At times; at times we are very busy and it required two, and I have stated so—I always sympathised with him when he had too much to do, and did my best to get him assistance—we were very busy in July, it is a busy month.
MR. BODKIN. Q. Was the 1st July the first time that you attended to this department of the bank? A. It was—I had not been in any other bank before this—I did not see on the 5th that any tickets had been handed in of undues—I see it now—I did not see those tickets; whether they were signed or not I could not tell—on the 9th I saw these tickets, and they were unsigned—in consequence of observing that they were unsigned I made a communication to the manager and that led to discovery.
JOSEPH EARL . I am a cashier in the banking-house of Messrs. Glyn—on 5th July last I paid the charges on our house that were presented by Scott's house, to Scott's clerk; they amounted to 2,200l. 1s. 2d.—there was no item in it of 499l. 6s. 4d. to the best of my belief—I did not return any draft of that or any amount that day as undue and not paid.
ALFRED HARVEY COULSON . I am cashier in the house of Jones, Loyd—on 5th July last I paid Scott's charges on our house; they amounted to 548l. 12s., that included an item of 161l. 10s.—that was not returned—on 9th July I also paid Scott's charges; the total amount was 899l. 18s. 10d.—I paid that, it included a draft for 378l. 15s. drawn by James Ewart; this is it (produced)—I did not return that, I paid it—I did not return any cheque of that amount on that day as undue—I had no cheque presented to me that day in the name of Hall, West and Co. for 378l. 15s.—I can't say whether any such draft was left for acceptance—no such draft was included in the charge I have mentioned—I paid the whole charge.
JONATHAN GRIERSON . I am cashier at Messrs. Hankey's—on 9th July last I paid Scott and Co's. charges on our house, to the prisoner—the amount was 295l. 2s. 11d.—I paid it with this 300l. note and he gave me the difference—I did not return any draft as unpaid that day to my recollection—the entry in my book contains the whole charge, and I paid the whole charge.
Cross-examined. Q. Can you say positively, one way or the other, whether a draft was left for acceptance? A. I have looked in our acceptance book, it is not here—independently of that book I cannot tell whether a draft was left on that day—all drafts for acceptance are registered.
MR. BODKIN. Q. Was there anything for acceptance included in the charge you paid? A. No, what I paid was 275l. 2s. 11d.—there was nothing returned.
JAMES COOMBE . I am a clerk to Messrs. Scott—it was the prisoner's duty after his collection each day to hand to me the sums he had received—on 5th July he brought me home 14,564l. 6s. 7d., and on the 9th 13,705l. 0s. 3d.—this 300l. note was one of the notes he paid me on the 9th.
Cross-examined. Q. You take the notes, another clerk takes the gold, and you make up the accounts as quickly as possible, do you not? A. Yes, I make up the total, the prisoner gives me the items—if there was any error
and he was to make a ticket to make his walk right, I should not see it, it would go to the sundries clerk—if he paid anything away and had a receipt for it I should allow it as cash—I gave him credit for 4,093l. for payments made on the 5th—I allowed that for vouchers and cheques that he brought home—I can't say whether the numbers of the notes paid away would appear on the vouchers—I cannot say whether the numbers of the notes paid away on 5th July would appear on his vouchers—we have all the vouchers, or our customers have—the receipts go to the customers when we have made the payments—we could easily obtain them.
WILLIAM BASE . I am clerk to Mr. Mullens, the solicitor for the prosecution—I served a notice on the prisoner on 9th August, of which I produce a copy—I was also present when the books of the bank were submitted to his inspection—(This being read was a notice that an indictment was about to be preferred for the embezzlement of the sums in question.)
Cross-examined. Q. I believe no depositions were taken on any of these charges? A. Yes, some were taken; I believe they were not signed, and are not returned—I was present at the police-court the second day, when Mr. Mullens went—I do not recollect his saying that he did not intend to proceed with these charges—they were not proceeded with further, but other cases were entered into—I think the latest charge before these was of the 21st November—I do not think there was anything between that date and 5th July.
MR. METCALF to MR. PARROTT. Q. Is there a general audit on 31st December? A. At the end of the year—every month there is what we call a general balance, and a more complete one at the end of the year.
COURT. Q. Had you a charge against the London and County Bank of 499l. 6s. 4d.? A. Yes; that was duly paid—it happens to be the same figures as Glyn's amount.
ALFRED HARVEY COULSON (re-examined.) The notes I paid were 93,064, for 50l.; 88,407, for 100l.; and 30,438, for 300l.—that was all I paid—there was an item of 100l. deducted as paid on account of the Brighton Bank.
JAMES COOMBE (re-examined.) I have the waste-book here—it contains an account of the notes paid in by the prisoner on the 5th—there is one of 1,000l., No. 14,126; another for 1,000l., 15,253—I do not see one for 200l., 86,468, but the prisoner would have to get change in a number of small notes—he brought home 3,000l. worth of small notes that day, fives and tens.
GUILTY .— Four Years Penal Servitude.
MR. BODKIN stated that the prisoner's total deficiency was 650l., and that his salary was 150l. a year.
NEW COURT. Thursday, August 19th, 1858.
Before Mr. Common Serjeant and the Sixth Jury.
779. WILLIAM PITTAM (26) , Feloniously forging and uttering a receipt for 1l. 17s. 4d.; also a receipt for 11s. 1d., with intent to defraud; also for embezzling 18s., 1l. 3s. 8d., and 10s., 1l. 2s., 17s. 6d., and 7s. 7d., of Henry John Benwell, his master, to which he
PLEADED GUILTY .— Confined Nine Months.
Before Mr. Justice Willes.
GUILTY of the Attempt. — Confined Two Years.
GUILTY .— Penal Servitude for Life.
THIRD COURT.—Thursday, August 19th, 1858.
Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Eighteen Months each.
MR. LILLEY conducted the Prosecution.
WILLIAM HENRY SURRIDGE . I am a provision-merchant and cheese-factor, carrying on business at 2l., West Smithfield—the prisoner was in my employment in August, 1856, and had been for about three months, as town traveller and collector—he was paid by commission—his duty was to pay in accounts immediately he had received them—the practice was to call upon the customers three times a week, and then to deliver the orders and pay in the money he had received—Mr. Robert Gill, a cheesemonger of Museum-street, Bloomsbury, was a customer of ours—I never received from the prisoner the sum of 8l. 2s. 6d. on his account, or 19l. 13s. 6d., or 10l. 18s. 7d., on account of Mr. James, another customer—the prisoner ceased to come to his employment at the commencement of September—he left without notice, and I never saw or heard of him till the 8th of July of this year, when I met him in the Bagnigge-wells-road—I then asked him what he meant by absconding in the manner he had done, and never making his appearance with his accounts—his answer was, "It is useless my coming to you, I have no money; but I will do something for you at some future time; I will call when I can pay you, when I have some money"—I then gave him into custody—I had not then ascertained the specific sums he had received—at the station-house he said, "I lost the money and was ashamed to come"—I said, "You could not have lost them on the several occasions,"—he did not say anything more.
JURY. Q. Had you any reference as to his character when you engaged him? A. Yes: he referred me to Penson's in Newgate-street, where he and his brother had been some years—they gave him a good character.
supplied—I paid that amount to the prisoner—I produce the receipt he gave me, dated 12th August, 1856.
RICHARD JAMES . I am a cheesemonger at 8, Victoria-road, Pimlico—in August, 1856, I was indebted to Mr. Surridge, for goods supplied, in the sums of 10l. 1s. 6d., and 9l. 12s. 5d.—I paid those two sums to the prisoner (the bills receipted, were produced)—he signed the receipts on the bills—on the 9th of September I paid him 10l. 8s. 7d., for which he gave me the receipt produced.
COURT to MR. SURRIDGE. Q. Was a list of debts given to him to collect? A. He merely collected moneys for sales he had effected—the orders he obtained were entered in the order-book in his presence—he entered his receipts in his own pocket-book, and from that the amounts were entered in our cash-book in his presence—before he left, I was not aware these accounts were paid—he was paid by commission—60l. was the amount of his deficiency.
The prisoner put in a written defence, stating that he did not embezzle the money, but lost it, and durst not face the prosecutor; and if he had been inclined to embezzle, he could have done it to a much greater extent, as there were many other amounts due at that time.
GUILTY .—Recommended to mercy on account of his good character.— Confined Three Months.
OLD COURT.—Friday, August 20th, 1858.
Before Mr. Justice Willes and the First Jury.
MESSRS. SLEIGH and M. J. O'CONNELL conducted the Prosecution.
ANTONIO MARTINE . I live at 5, Keate-street, Spitalfields, and am a labourer—about 4 o'clock on Tuesday morning, 6th July, I heard cries of murder which roused me from my sleep—I sleep on the ground-floor—it was a woman's voice—I got up and went upstairs to the second landing—I there found the prisoner kicking Eliza Simpson—I had known the prisoner by living in the neighbourhood, and also Simpson; she lived with a man named Fitzgerald in the same house with me; they occupied the garret—Simpson was lying down, and the prisoner was standing up; I saw him kick her—he wears a wooden leg—there was no candle there—it was light enough to see, it was 4 o'clock—I saw him kick her again at the back of her head; that was with the wooden leg—while he was doing it, Simpson cried "Murder"—I said to him, "You will kill the woman,"—he said, "If you come near, you black b—, I will serve you the same,"—he made another kick right on her left eye—she succeeded in getting up and came down stairs, holding him by the shirt, to give him in charge to the police—he cried, "Let go my shirt,"—she said, no, she would give him in charge of the police,—she walked down the stairs; she did not fall at all; she walked down from the second landing to the first—he threw her down the other
landing—I did not see him throw her down—I saw her after she was down stairs, in the corner of the yard, and I put on my clothes and ran for a policeman—I did not see one, and I came back again and saw the prisoner standing in the corner kicking the woman—I said, "You are kicking the woman again,"—he ran after me, and I ran in doors and shut the door—I saw Simpson again about 8 o'clock that morning; she came into my room, and sat down and talked to me; she was then very bad indeed, her eye was very swelled—she complained of pain at the back part of her head; she held her head in her hand—I had seen her the day before—there was nothing the matter with her head then—she died on the following Monday.
Cross-examined by MR. COOPER. Q. Are you single or married? A. Married—I never saw the deceased in liquor—she was in the habit of drinking—I never saw her tumble about—she was not ill before she had the kick—she had a very slight black eye on the Monday; it had been well five weeks.
MOSES DANIELS . I am a general dealer, and live at 8, Keate-street—at 4 o'clock on the morning in question, I was in bed, and heard a shriek of murder in a woman's voice—I got up in my shirt and went to the street door, and I saw the prisoner give the deceased three very hard hits with his fists—she was standing at the time, and he knocked her down with the third blow—when she fell, he kicked her in the face, and said, "You b—cow, take that;" the kick was with his wooden leg, he had no shoe on the other foot and no coat on; the sleeves of his shirt were tucked up—I can't tell rightly in what part of the face it caught her, but as she turned over on the right side, he kicked her on the left side of the face, and she cried, "Oh my eye is out;" he gave her two kicks—I was not above ten or twelve yards from them, I was undressed, I went in to put on my clothes, and when I came out again the prisoner was gone, and the woman was removed to her own apartment.
Cross-examined. Q. You saw him do this? A. Yes, and she afterwards lay on the ground senseless—I did not see her seize him by the hair of his head—I came out on hearing the shriek of murder and police.
RICHARD FITZGERALD . I work at the docks—the deceased lived with me as my wife, and had done so for twelve years—we occupied a room, at 12, Keate-street, Spitalfields—on Tuesday, 6th July, I left home about 2 in the morning, when I passed the Swan public-house, I heard the deceased's voice there talking to somebody, but I did not see her—on the previous Monday, up to the time we went to bed, she was in good health—there was nothing the matter with one of her eyes, only a small effect of a blow, that had been done some weeks previously; it was not a black eye, only a small stain; it was not black at all, it was a little bloodshot, nothing perceptible; with that exception she was as well on the Monday as I am now—I returned home between 7 and 8 on Tuesday evening—her head was then swollen to that degree, that one eye was completely shut up, and the left jaw was swelled almost like a mummy, as if it was fractured, and her face was very much disfigured—she complained to me about the back part of her head—she was very bad from the Tuesday till the Saturday night, almost as bad as she could be, and on the Saturday night I and Mrs. Daniels took her to the hospital—she had advice there—I brought her back home again, and she died on the following Monday morning—while she was ill, she complained mostly of the back part of her head, she used to put her hand up to her head; she also complained of her jaw, she could hardly eat anything; it caused her great pain to open her mouth, it flew to the back part of her head.
Cross-examined. Q. Had she not before this happened complained of a blow on the eye? A. That was some weeks previously; I do not know how that was done, the slight mark I speak of was the remains of a black eye.
SARAH COLEMAN . I am a widow, and keep the White Swan public-house in Keate-street, Spitalfields—on Tuesday morning, 6th July, between 1 and 2, the deceased, Eliza Simpson, was in front of my bar—she had three half-pints of porter—she left when I closed the house; she was then quite well and hearty—she had the old relics of a black eye, that had happened five weeks ago: with that exception, she had not the least mark on her face—I saw the prisoner at my house that morning—he came about a quarter-past 1—he stopped until 2, when I closed the house—towards 4 o'clock that morning, I heard a cry of murder, and I saw the prisoner come out of 5, Keate-street, followed by Simpson—she said, "You vagabond, I will stick to you; I will give charge of you"—he replied, making use of a bad word, "If you don't leave off, I will pay you again"—she followed him to the end of the court, and held hold of him—he was in his shirt sleeves, for he had left his coat and boots at my house; likewise his fiddle—I looked out of a side window and said to him, "Leave off, don't injure the woman; what have you been up to?"—he went round in front of the house (it is a corner house) she still followed him, to give charge of him, continuing to lay hold of his shirt, and he said, "If you don't leave go, I will pay you again"—when they got in front of the house, he hit her—she had got hold of his hair—she fell; he was on the top of her, and he hit her twice and kicked her on the left side of the head with his wooden leg; she remained on the ground after he had kicked her, between 5 and 10 minutes, with her arm on her head, quite insensible—I went to the back window to see if I could see a policeman: I saw one in the Commercial-road, but not within call—in the meantime, the prisoner stood over at the opposite side, apparently in a very great rage: he was jumping about, and his brother went and knocked at the door for him to be let in—he lodged nearly opposite—the woman was taken in to 7, and I went in to bed—when I got up in the morning, I went to see how she was; I found her in a very bad state, dreadfully bruised and beaten—she complained dreadfully of her head—she had a bruise on her jaw and a serious black eye, and she said she could not see out of it—that was the left eye: it was the right eye that had the remains of the black on it—I saw her every day during the week, and three or four times a day—she continued to complain dreadfully of her head, and said she should go mad with it; she had it bound up, and had a lotion to foment it with.
Cross-examined. Q. Was she in the habit of coming to your house? A. Yes; for the last four years—the prisoner was seldom in my house—he was a fiddler—he and the deceased were not drinking together that evening—she was not a woman of loose character—they were friendly: they were on the greatest terms of friendship, I mean, as to speaking merely: there was no animosity—on the 11th, the night before she died, she came to my house, and brought some things to leave, as she had no money; she had one half-quartern of rum; she said she thought it would lull her pain—she came herself, and her husband took her upstairs; it was as late as 11 o'clock—while she was in front of the bar, on the morning of the 6th, there was another woman there who struck her, but she was not hurt: it was not a fight—the back part of her head came against the partition, but it was not hurt in the least—I would not have minded having two or three such knocks—
she? did not complain of it—the woman struck her with her fist—it might have been two blows: they had been quarrelling a little before—I was not examined at the inquest—I was subpœnaed here—the prisoner's brother was there as a witness—he is here
MR. SLEIGH. Q. When was this altercation between the women? A. Between 1 and 2—it was in front of the bar—I was present the whole time and I forbid it—this was before she was struck by the prisoner—I closed my house at 2, and went to bed, and it was about half-past 3, as near as I can tell, when I saw the deceased again—she remained in the house half an hour after the altercation was over—during that time, she did not complain of any injury that she had received from the other woman.
CAROLINE FARNSBURY . I am single, and live at 3, Keate-street—about 4 o'clock on the morning of 6th July I was in bed, and heard screams of murder—it was a woman's voice, it came from 5, which is pretty well opposite 3—there are no windows in the casement—I can see the landing of 5 from my room—I saw the prisoner and the deceased on the landing—he had got hold of her by the hair pf her head, and he punched her three times in the face and knocked her down, and after he had knocked her down, he kicked her—she still kept screaming out, "Oh, you have murdered me!"—I told him to leave off abusing her, or I should go and fetch a policeman; he said, "If you come down, I will serve you the same," and made use of bad language—he then came down stairs, and she followed him, saying she would give him in charge—they came down the street, and I shut my window, and saw no more of them.
JAMES EDMONDS . I am a surgeon at 2, Spital-square—on Monday morning, 12th July, very early, I was called by the police to go to 5, Keate-street, to see the body of Eliza Simpson—I found her lying on the bed undressed, and quite dead, but warm—I made a superficial examination of her head and face—there were three principal bruises over the head and face, one over the left temple and eye, that was the most severe; there was a large one on the lower jaw, on the left side, and one on the right upper lip—there were also slight bruises about the body, nothing of any importance, nor were there any broken bones—I examined the body to see, but could discover none—forty hours afterwards, I made a post mortem examination—the viscera generally were perfectly healthy—I opened the head; on raising the scalp I found the flesh beneath the discolouration on the left temple, bruised down to the bone, and infiltrated with blood—I removed the skull cap in the usual way; I found it remarkably thin, I don't think I ever saw one so thin—the membranes of the brain were somewhat congested, but there was nothing remarkable about them—the substance of the brain was perfectly healthy throughout, but lying on it and compressing it, was a large coagulum of blood, corresponding to the bruised temple—the skull was not fractured anywhere—the effusion of blood on the brain might be caused by a blow or blows from a wooden leg—there was also a large quantity of fluid blood effused beneath the membranes of the brain, floating over the left side of the brain—blows from a wooden leg would produce those results and appearances—blows on other parts of the head might possibly conduce to those appearances without manifesting any external injury; but I should think that not at all likely, for this reason, that where this blood was found there is a small artery that supplies the membranes of the brain with blood, that artery enters the brain at its base, behind the eye, and runs up in a groove through the bone in such a way that it is sometimes lacerated or ruptured by the springing of the
skull, without a blow, and therefore that might take place from a blow on any part of the hemisphere—I do not expect that was the case here, I think it was the blow on the temple—the coagulum I saw corresponded with the blow on the temple, and this vessel is beneath where the coagulum was—I examined the back part very carefully, but saw no trace of any blow or any injury whatever—I certainly did not examine the scalp at the back particularly; I did not dissect it, but there was nothing there of any importance—I ascribed the death to the injury which produced the discolouration on the left temple, there was nothing else observable in any other part of the body to account for death.
Cross-examined. Q. Seeing the external bruise and seeing the coagulum of blood inside, you conjecture that the blow inflicted externally, produced the blood, and consequently death? A. Yes—a head falling against a piece of wood might have produced the external injury, or falling down stairs, or falling upon any hard substance—I do not think a blow from a woman's hand in fighting would do it—it is difficult to say how long before death the injury might be inflicted, and the coagulum formed; it might be three or four, or two days, or possibly a couple of weeks.
PORTER WILLIAM DUNAWAY (Policeman, H 129). I took the prisoner into custody on 13th July, at Gravesend—I told him he was charged with causing the death of Eliza Simpson in Spitalfields—he said, "Very well."
MR. COOPER, for the defence, called.
JOHN MURPHY . I am the prisoner's brother, and live in Lower Keate-street, next to the White Swan public-house—on Monday night, 5th July, I went to bed about 9 o'clock, quite sober, with the hopes of going to work next morning at 6—I was called up about 1 o'clock, and I went and had part of some beer with my brother, a man named Butcher, and other parties at the White Swan—Eliza Simpson was there; she was in a state of drunkenness in front of the bar, smoking a pipe; she pulled me about sundry times—I left about 3 o'clock, or thereabouts—before I left I saw a woman take Simpson by the hair of the head with her right hand, and with her left knock her head continually against the front of the wainscoating of the bar-parlour—I could not say how many times she did it, but they were repeated blows in the face and head—Simpson struggled with her till she got free—I had known her for a long time, she was continually given to liquor, in fact, she has scarcely ever been free from black eyes since I have known her—she had the remains of one then—I saw that done, by a man who lives with the landlady of the house, and a man named Butcher, knocking her about in front of the bar; she had caught hold of the man by the hair of his head—she was in the habit of pulling people about in that manner when she was drunk, and the men were both striking her—When I left the White Swan, I went home to bed—I was called up again by my wife about 4 o'clock—I then saw my brother and the deceased at the corner of Keate-street, she had hold of him by the left arm of his shirt and the hair of his head, in a stooping position; and he made a blow at her; before that he said to her, "If you dont leave go of me, I shall strike you;" she would not, and he struck her, I believe in the mouth—I did not see him strike her any more—he made an attempted blow, but I don't believe he struck her—he then recovered himself, pulled some halfpence out of his pocket, and said they wanted to rob him—I said to him, "Now I think you have been in that company long enough, get away out of it"—I had seen her the week previously—3 or 4 in the morning was her time to go to bed.
GUILTY .— Confined Twelve Months.
NEW COURT.—Friday, August 20th, 1858.
PLEADED GUILTY .— Confined Two Years.
There was another indictment against the prisoner.
MESSRS. SLEIGH and TALFOURD SALTER conducted the Prosecution.
WILLIAM ROBERT POPE . I am secretary to the Metropolitan Saloon-omnibus Company; I produce the certificate of registration—the prisoner was employed by them as one of their conductors—he was paid by a salary daily, I think it was 4s. 8d. a-day—these two account-books were handed to me by the police-constable who took the prisoner in custody; one of them seems to have a quantity of bets in it, the other portion has reference to various way-bills—I have compared the way-bill of Friday, the 30th July, with an entry I find in this book—it is the up journey from Putney to London—there were four journeys in a day performed by that omnibus—I compared the entry of the last journey in this way-bill (looking at it) with this book—on the up journey from Putney to London here are 5 inside and 9 outside passengers, and here is 3s. in small figures; that has nothing at all to do with that journey—it was the duty of the conductor to make a return for the journeys of the day, on the following day, on the first journey out, and for the money at the same time; that is the rule, to account for the previous day and to return the money to the boy Church.
Cross-examined by MR. METCALFE. Q. There are a great many figures all over this page of the book, can you explain them? what is this 3 which is scratched out? A. That is the 3d. fare, but no one went by the 3d. fare—here are a great number of other figures—the prisoner kept this memorandum in his pocket, but I don't suppose he expected he would be taken in custody—Mr. Argles is the attorney of the subscribers—he charged another man of the name of Butler before the prisoner—he imagined that it was the Rising Sun omnibus that the lady got into in the first instance—he did not charge Butler with it, certainly not—Cook was not the conductor of this omnibus, he was the conductor of the omnibus which started before him—he started at 7 and the prisoner at 7-10—I did not know the prisoner when on the Epsom line—he was to pay the amount the next morning—he had to make up for each journey when he returned home—he books his passengers as he goes along the road—I have no doubt he can do that—he keeps a piece of paper, and as one person gets in he makes a stroke—he first starts on his journey and puts down 3d., that is a 3d. fare, and it is very easy for a man to make a stroke under it—we do not supply him with little books for that—he carried a slate in his pocket—he was to account the next morning—the account was put in a small bag, and as they came up the boy was at the door ready to receive it.
MR. SALTER. Q. The omnibus started from Walham-green, but where did it start from originally? A. From Putney bridge, at 10 minutes after 7;
there are no more after that—the previous omnibus starts at 10 minutes before 7, and this one at 7-10—this omnibus was due at Sloane-street at 7 minutes to 8, and at the White-horse-cellar at 8 o'clock—I know there was a slate found on the prisoner—there is a time to wait at each place, and there would be time then to make the entries if they were not made in going along.
HENRY CHURCH . I am a clerk to the Metropolitan Saloon-omnibus Company—the prisoner was conductor of the omnibus No. 7,154, from Fulham to London—I produce the bill of 30th July—it was the prisoner's duty to receive money—I received a bag from the prisoner on the morning of 31st July; that bag should contain the bill and money of 30th July—the bag was opened by Mr. Hart in my presence, it contained 1l. 13s. 9d. in money and 8d. for contract tickets and this way-bill—this was in Davison's bag—I gave the money and bill in this condition to Mr. Hart—Cook, the conductor of the previous omnibus, accounted to me.
Cross-examined. Q. Do you know that these are made up at the end of the day by the conductor? A. I suppose they are—he has to start from Putney-bridge, and when he arrives he has to go back in a few minutes—there are four up and four down journeys each day—when he gets back to Putney-bridge he sometimes may wait half an hour—he has his dinner or his lunch to get—it takes about an hour and a half to go from Putney-bridge to London-bridge railway-station—there are some persons who travel free, the company's servants, but if they ride free their names are indorsed on the back of the bill—the railway servants and persons engaged in work ride free—the contract tickets are in the bag—I don't know whether Mr. Argles charged a man of the name of Butler—I don't know that Cook was charged with this; I know he had a summons sent him; I believe it was about this matter—there are some omnibusses belonging to a man of the name of Hughes, they go part of the way on our line; I believe our directors are friendly with them, and take up passengers for them—the Chelsea and Islington omnibusses ride on the same road from Brompton to the Regent-circus.
MR. SALTER. Q. Cook had the journey previous to the prisoner on that day? A. Yes—he is not like the prisoner, he is about the same height as the prisoner, he has darker hair; it is not likely that he could be mistaken for the prisoner.
WILLIAM HART . I am a clerk in the Metropolitan Saloon-omnibus Company—it was my duty to receive the bags from the last witness—I received the prisoner's bag containing his way-bill and money on 31st July; it was the way-bill and money of the 30th; this is the way-bill—this account is for five 4d. fares inside and seven out, on the last journey to London that day—the money is accounted for for those persons—I am not acquainted with the prisoner's times of starting.
Cross-examined. Q. Suppose a person gets inside and finds himself hot, and gets out, would he be charged the same as if here were inside? A. Yes: the fare is the same inside as outside—I have no connection with the conductors at all—I don't know how they make up their account.
MR. SALTER. Q. If nine persons get in and change their minds and get out, would they he marked as in or out. A. Yes, it is marked sometimes on the bill.
CATHERINE DOUGLAS . I live at 17, St. Georges-place, Hyde-park-corner—on Friday, 30th July, I rode in one of the saloon-omnibusses—I got in at Walham-green long before we came to the turnpike—I got in from 10
minutes to a quarter after 7 o'clock; two little girls got in with me—there was no room for the little girls—a gentleman got out to make room for me—it was one more than full when I and the little girls got in—one of the little girls had to sit on the umbrella seat—one of the little girls got out at St. George's-place, Hyde-park-corner—I got out at Regent-circus—I gave the conductor a shilling to take the difference for myself and the little girls—the prisoner was the conductor—I recollect there were 5 persons got out at the Consumption-hospital; there were 18 persons in the omnibus—2 women and 2 babies got in, and there was one over full before I got in; that was 13, and their getting-in made 17—no other persons got in afterwards—I am quite confident I paid the money to the prisoner—I can't be mistaken—I know him and he knows me—I had very often ridden with him before.
Cross-examined. Q. Where did the ladies get? A. One stood up; one sat on the umbrella seat—I said I did not count the people—I saw them all full—I heard Miss Argles say there were 18—2 ladies came in, and each of them had a child—a lady and 4 children got put at the Consumption-hospital—I don't know how many other children we had—I never told anybody that I got in at 7 or a quarter before 7—I did say it was 7 o'clock or a quarter before 7—I don't think I heard anybody say that the prisoner did not start at the time I mentioned—I was not present when Mr. Church was examined at the police-court—I did not hear the depositions read over—I was not there—I have not been told by anybody that I put the time too early—the omnibus came from Putney—I intended to come by the last omnibus—I live in the same house where Mr. Argles lives, and in the country—I don't see a good deal of Mr. Argles; sometimes I don't see him for a month—I am not unfriendly with him; I am more intimate with his wife, but she is not in London; she had gone when this matter took place—I have not spoken to Mr. Argles in her absence—I have not spoken a single word about this matter till the prisoner was taken—of course I have spoken to Miss Argles about it.
MR. SALTER. Q. You are not an English lady? A. No: I am the widow of Captain Douglas—I have not altered my statement to-day to agree with the other witnesses—I went to Walham-green that day—I know that was the last omnibus that day, because I was waiting for it; I always wait for it—that was not the last time I went with that omnibus—the prisoner has always been conductor to that omnibus—I go by that omnibus almost every day—I had to walk for five or six minutes before I got to the omnibus.
CELINA ARGLES . I rode in that omnibus with the last witness that day—we got in at Walham-green, about a quarter past 7 o'clock—Mrs. Douglas told me the time that day—when we got in, the omnibus was full; but a gentleman got out, to let Mrs. Douglas get in—there was another little girl with me—when I got in, and Mrs. Douglas and the other little girl, the omnibus was full—there was not room for my sister, who sat on the umbrella-stand, to sit on the seat—after we got in, 2 ladies got in, and each had a baby; one of the ladies sat on the umbrella-stand, and one stood—a lady and 4 children got out at the Consumption-hospital—I noticed the conductor of that omnibus; it was the prisoner, I am quite sure about that—I did not notice him before that.
Cross-examined. Q. Do you mean to say that you recollect the conductor that day? Yes, I do; I mentioned this to my father—I did not tell my father I did not know who the conductor was—I did not say anything
about the conductor—I did not afterwards tell my father that I did not notice the conductor—I don't think I have told anybody before that the prisoner was the conductor—I said once that I did not notice him, but then I did not look at him—Mrs. Douglas told me about it after I had given my evidence—she told me the time when we were in the omnibus—I think it was some little time after we got in—I am sure I don't know whether that was before the lady and the children got out—I counted the persons in the omnibus; I told Mrs. Douglas afterwards that there were 18—the children that were in were all younger than myself—the children that got in last were very young; they were babies—the lady of the house where we went to visit, came from the house and saw us into the omnibus—I don't know whether she had a watch or not; I think she has a clock in the house.
MR. SALTER. Q. Had you gone down to Walham-green by an omnibus the same day? A. Yes, we went by one omnibus and came back by another—I said I did not notice the conductor, because I did not look at him; I meant I did not notice the conductor when I went to Walham-green. This witness's deposition was here read. On the first examination, she stated:—"I went to see another conductor first; I did not think he was the man—I did not notice the conductor." On the second examination, she stated:—"I did not understand what the question was, when I said on the last examination that I went to see another conductor first—I did not go to see another conductor—I meant that I went by another omnibus and saw another conductor; but that was not the same that I came home with."
Q. Did you look what the time was when you got out of the omnibus at Hyde-park-corner? A. No.
ELIZA HAMILTON . I live at Woodland-terrace, Stoke Newington—I was at Mr. Argles', St. George's-terrace, Hyde-park-corner, waiting for an omnibus in the evening of 30th July—I saw this little girl and another get out of an omnibus—it was 5 minutes to 8 o'clock; I noticed the time—I had an appointment, and had my watch in my hand—it was about 2 or 3 minutes after the little girls got out that my omnibus came up; and as I passed Hyde-park-corner, it was exactly 8 o'clock.
Cross-examined. Q. Do you live in the house with Mrs. Argles? A. No—I did not appear at the first examination—I was waiting at the door when the little girls got out—I was quite near—I saw them on the pavement.
WILLIAM GERALD CRYSTAL (Policeman, B 235). I took the prisoner on 2d. August—I found on him four books and some money—these are two of the books which have been produced, and here are two others—one is a slate book; I found that in his pocket.
WILLIAM ROBERT POPE (re-examined). Q. Do Hughes' omnibusses start at the London time from Walham-green? A. No, from Queen's Elms, not so far as where Mrs. Douglas got in—I suppose it is a mile and a half on the London side of Walham-green.
Cross-examined. Q. Has the prisoner orders to pay the time-keeper? A. Yes, he pays him on Saturday—the coachman, the gates, and the timekeeper he pays—he sends in the account every Saturday, and pays in the balance.
MR. SALTER. Q. Are the matters you have been asked about, entered in the way-bill? A. Yes, and that included all the expenses he had to pay out of his pocket.
The prisoner's statement before the Magistrate was here read at follows:—"All the money I received I paid into the Company, excepting the money I paid the coachman—I have to pay him 6s. 8d., gates 4s., and myself 4s.; all the rest they have got."
Prisoner's Defence. The omnibusses are working against the London omnibusses—if we know of any persons going to Islington, we are to bring them on and put them in Mr. Hughes'.
The prisoner received an excellent character.
NOT GUILTY .
PLEADED GUILTY to Unlawfully Wounding. — Confined Six Months.
MR. WAY conducted the Prosecution.
MARY STRAHAN . I am the wife of William Strahan, 5, Osborne-street—he is an india-rubber manufacturer—on the morning of 29th June I heard a noise, between 3 and 4 o'clock—I was disturbed in my bed by hearing somebody going out of the side door, which caused me to wake my husband—he flew to the window, and saw the prisoner going up the street with a bundle—I did not see the prisoner with a bundle in her possession—I saw her running, and hallooed out, "Stop thief"—when I saw her run out of my side door, two policemen were there, and they followed her—my husband afterwards produced this bundle to me—it contains three frocks and some other things—they are my property.
JOHN BRIND (Policeman, N 490). On the morning of 29th June, I heard the last witness crying "Stop thief"—I saw the prisoner running—I ran and stopped her—I took a bundle from her person, containing these articles produced and several other things, which were ordered to be given up by the magistrate—I asked the prisoner where she got the things—she said she was going by and saw the door open, and saw a dress hanging up, and she had lived there before, and she went in and took the dress—as I was going back towards the house I said to her, "What have you got behind here?"—she said, "I have another dress"—it being dark, I could not see what it was; it was under her dress—I took her to the station.
Prisoner. Q. You did not take all the dresses from under my clothes? A. No, you had one dress pinned under your things behind you.
MARY STRAHAN (re-examined.) These dresses are mine, and were safe the night before—I locked np the house at 11 o'clock; at that time they were safe—I saw the prisoner going away from the door between 3 and 4 o'clock in the morning—when I went to bed, the side door was fastened; in the morning it had been forced open; the top bolt was wrenched off—the prisoner had not been in my house—I have lived there 31 years—I never saw her to my knowledge.
Prisoner's Defence. I had been to a fire, and as it was late I did not like to go home to my lodging—I sat down on a step and fell asleep—some persons came and told me to carry this bundle, and they would show me where to go—I stood waiting for them, and was going away, and I was taken—I could not see anything more of the men who gave them to me—I was treated by some men who gave me more than I ought to have—they gave me those things.
GUILTY .*— Confined Nine Months.
MR. CAARTEN conducted the Prosecution.
ELIZABETH LAWRENCE . I am the wife of John Lawrence, who lives in Princes-street, Drury-lane—on Sunday evening, 18th July, I was going along Fleet-street; my husband was in advance of me; I felt a hand being drawn from my pocket—I immediately laid hold of the hand—I had a purse with me which contained 9s.—I had seen it safe not two minutes before—when I seized the hand, the man immediately ran—I kept hold of him—he ran quite as far as to the end of this court—I had an imperfect view of the man, and to the best of my belief the prisoner is the man; he had a rough coat on—I kept hold of him, and he made a sudden jerk and left the coat in my hand, and ran away across the road and escaped—he got out of the coat—he made a jerk which nearly dislocated my shoulder, and left the coat in my hand—I felt the edge of my purse in his hand—I afterwards missed it.
Cross-examined by MR. RIBTON. Q. You can't swear to the prisoner being the man? A. No—my husband was in advance of me—he saw me running; I have no doubt but he saw the man—I was holding the man and running—my husband did not run to my assistance, he is too old to run; no one else was with me—the man got out of the coat very easily.
JAMES THORNDIKE (City policeman, 286). On 19th July, I went to Union-court, Holborn-hill, about 9 o'clock in the evening—I found the prisoner at the Union public-house with two other persons—I went to him and said, "I want you for picking a woman's pocket in Fleet-street, last night"—he said, "I don't know anything at all about it"—I asked him where his rough jacket was—he said, "I don't know what you mean"—I told him he must go with me to the station—he said, no, he should not—I took him by the collar, and told him he was in my custody—they commenced fighting and kicking, and one of his companions got both my arms behind me, and they dragged the prisoner away; he made his escape—I saw him again on Saturday night, 7th August, in Upper Whitecross-street; I followed him—he went into a public-house—I went to him, and said, "I suppose you know what I want with you?"—he said, "Yes, master, I do; I was coming on Monday to give myself up"—I have known the prisoner about two years—I know this coat (looking at it), I have seen the prisoner wear it, I might say some hundreds of times—I saw him on 18th July, between 1 and 2 o'clock in the afternoon, and he had this coat on—I saw him again on Monday morning, the 19th, without any coat at all; then it was between 9 and 10 o'clock, before I had received information of this robbery—when I took him in the evening, he had a smooth cloth coat—I have not the least doubt that this rough coat is the coat the prisoner wore—I know it by the colour of it, the cut, and a button off the collar.
Cross-examined. Q. You saw him on Monday morning without a coat? A. Yes, in Union-court, between 9 and 10 o'clock—there might have been some more men at work there without coats; I did not take notice of any one but him—this is not the sort of coat that a man would wear in July, but if a man has only one coat he must wear it.
The prisoner was further charged with having been before convicted.
GEORGE BALDOCK . I produce a certificate (Read: "Clerkenwll, Dec. 1855. Daniel Sullivan and John Collins convicted of larceny, and Confined Four Months each.")—I was present—the prisoner is one of the men who was then convicted.
GUILTY.**— Four Years Penal Servitude.
RICHARDS PLEADED GUILTY .**— Four Years Penal Servitude.
JOSEPH STENNETT . I am a butcher—I manage the business of Henry and George Lee, in Leadenhall-market—in consequence of information, I went outside the shop on Thursday, 5th August, about half-past 5 o'clock—I saw the prisoner Richards, and another man whom I did not notice distinctly; they were standing a few yards from the shop—Richards had got a bag—I went one or two yards, and, as soon as I got round the corner, I came back and saw Richards coming out of the shop, and putting the beef in the bag, and the leg of the bullock would not go in, it was sticking out of the bag—Blakeby ran up, and I ran, and Richards was secured; the other party ran away, and a few yards off he ran into the arms of a policeman—the other party was about the height of Williams—I opened the bag, and found 51lbs. of beef in it—it was my master's, and was safe just before; I had cut the other part from it.
JOSEPH BLAKEBY . I am a shopman in Leadenhall-market—I saw both the prisoners on that afternoon, about half-past 5 o'clock; they were standing leaning against my master's shop, which is six or eight yards from the prosecutor's—they were in company, and were talking—my master's shop was shut up—I rang the bell and went inside, and looked through the ventilator—I saw the prisoner go to the prosecutor's, and Richards went in and took a piece, and enveloped it in a bag; he put the bag over it—Williams stood on the threshold of the door—the beef was not above two paces inside the shop—I ran out while Richards was in the shop, and watched on the threshold—I passed Williams, who had just moved from the door and was five or six paces on the pavement, going in a contrary direction—Richards was going out; the beef was on the ground at his feet, and Richards was endeavouring to cover the leg over with the sack—as I ran out I saw two policemen—I shouted to them to come on, and one of them ran up and took Richards—I assisted him to take him to the station—Williams was taken—I had shouted out, "Stop him; stop him!" and he nearly fell into another policeman's arms—while at the station, Richards made use of very violent threats, and said he would be transported for me—the two prisoners were desperate towards the policemen when at the station.
WILLIAM BALDWIN (City policeman, 537). I heard a call of "Police!"—I went round the corner and saw the last witness take hold of Richards—he called "Stop him—stop him," and a man stopped him—Williams ran, and was eight or ten yards from the shop door; I stopped him, and took him back, and to the station—he was most violent; he kicked me—I was obliged to get assistance from a civilian till I could meet with another constable—when at the station, both the prisoners were most violent, and used most dreadful expressions—Williams said if he was hanged at Newgate for it he would do for me—after the charge was taken, we had to take them to the Bow-lane station—they were most violent, and Williams said to
Richards, "Let us go to sleep;"—they both laid down on the pavement, and it took six or seven policemen to get them to Bow-lane station.
Williams. He seized me by my neck-handkerchief. Witness. He wanted me to take him by the coat, and if I had, he would have slipped away from me—he said, "Don't take my arm, my arm is bad;"—I had a doctor to see him, and he said nothing was the matter.
JOHN CROSSLEY (City policeman, 551). I came up to the place about half-past 5 o'clock—I took Richards—when I came to him there was a large piece of beef and this bag by his feet—he was very violent, and so was Williams.
Williams' Defence. I went to the place and stood by—this man was coming out, and they took him—the witness said, "Take that man," and the officer took me—I said, "Don't hang me,"—I thought he would choke me—if this man was looking through a ventilator, how could he identify me?
WILLIAMS— GUILTY .— Confined Two Years.
THIRD COURT.—Friday, August 20th, 1858.
MR. COOPER conducted the Prosecution.
DANIEL REBEIRO . I am a seaman; I live in St. George's-in-the-east—at about half-past 12 o'clock on the morning of 5th July I was in St. John's-street, Minories, looking at a picture in a shop window—the prisoner was standing near me: he took my watch out of my pocket, I grabbed him, and he knocked me down—I produce an apron that I took off his shoulder.
Cross-examined by MR. WAY. Q. Do you live in England? A. No, I have been in England four weeks—I never saw the prisoner before he took my watch—when I grabbed him, he tripped me down with his feet.
THOMAS HAYDON . I am a cab-proprietor, at 4, Little Somerset-street, Aldersgate-street—I was once in the police force—between 11 and 12 o'clock on the day in question I was in the Minories; I saw the prisoner in the Minories; he passed by the end of John-street, where my cab was standing.
Cross-examined. Q. Will you undertake to swear it was more than half-past 11 when you saw the man? A. From 11 to 12—he was walking quietly towards Tower-hill, and then he came up again and went towards Moses and Sons'—I did not notice anything about his clothes.
JOHN HOPE FEATHERSTONE (Police-constable, 526). From information I received, I took the prisoner into custody in the Minories on the following Saturday, the 7th of this month, from a description given of him by the prosecutor, who identified him in the goal.
Cross-examined. Q. You went after the prosecutor and told him you had got the man? A. Yes, I told him I thought I had got the man—I brought him before the prosecutor, and then he identified him—the prisoner said he knew nothing about it—when I took him into custody he was walking down the Minories; I said to him, "I want you to go with me to the
station, for, from information I have received, I think you know something about the watch stolen"—he did not attempt to run away.
Prisoner. The cabman said before the magistrate, "I was sitting in my cab, and I saw you with an apron over your shoulder."
GUILTY .**— Four Years Penal Servitude.
MR. PHILIPPS conducted the Prosecution.
MARIA BRETT . I am the wife of William Brett, and reside at 11, Gray-street, Richmond-road, Islington—last Monday morning, between 10 and 11, I was walking up Gracechurch-street—I had a purse in my pocket, which contained a half-sovereign, and 5s. 6d. in silver—a gentleman of the name of Smith, who had hold of the prisoner, came up and spoke to me; and at the same time a boy named Bates gave me my pursr—I had not missed it.
Cross-examined by MR. METCALFE. Q. Were there a good many people about at the time? A. There must have been—I was at the crossing in Gracechurch-street—there were a good many vehicles passing both ways, and I had been some little time waiting to cross—the purse was brought to me after I had crossed the road—Mr. Smith touched me on the shoulder and said, "Follow me"—I went across into a shop where the prisoner was taken—he had hold of him at the time he told me to follow—I was going towards London Bridge at the time.
JAMES SMITH . I am a broker at 138, Leadenhall-street—I was going from Gracechurch-street into Leadenhall-street at about half-past 10 last Monday morning, when I saw the prisoner, who was with another man, go close up to the side of the last witness and pass his hand into her pocket, right in front of her dress, and take out a purse and show it to his companion—I ran up to the lady, who was walking fast in the opposite direction, touched her on the shoulder, and told her she had been robbed; then I ran up to the prisoner, seized him by the collar, and said, "Give me back that purse you have robbed the lady of"—his hands were behind him, loose: he said he had no purse—I had him by the neck: he struggled very violently, and attempted to strike me—I saw a shop door open, I threw him into the shop and shut the door on him—the lady then came into the shop; I sent for an officer, and gave him into custody—I am sure he is the man who took the purse—the road was quite clear at the time.
Cross-examined. Q. That is the reason the lady was waiting to cross? A. No, at the time the thing happened she was stepping off the pavement—I did not see any body else waiting with her to cross—I am a sworn ship-broker, and carry on my business at 138, Leadenhall-street—I have been there two years—perhaps I have been in half-a-dozen cases of this description in London, and perhaps a dozen in Liverpool—my name is not up in Leadenhall-street—I am connected with the house of Powell and Co., from whom I have a certain fixed salary and a commission, and I do business for other houses—I have my own room at their house—I do not consider myself a clerk.
GEORGE BATES . I am employed as a porter at Messrs. Briggs and Preedy's, 98, Gracechurch-street—I saw the last witness catch the prisoner; I was outside the shop cleaning the brass—I did not see the prisoner take the purse—I saw him throw it away in the road under a cab: it flew open,
and the money in it flew about, and was picked up—I picked up two shillings and the purse, took it into tho shop where the last witness had taken the prisoner, and gave it to the lady.
Cross-examined. Q. A great number of people came about? A. Yes, I was only a yard and a half from where the occurrence took place—I saw the prisoner throw away the purse; Mr. Smith was pushing him into the shop, and finding he could not get away he threw it out into the road—I am certain it came from his hand—I had my eye on him all the time—I saw the purse coming from behind Mr. Smith, who was pushing him into the shop—I will swear it did not come from Mr. Smith's hand.
MR. PHILIPPS. Q. The purse came from the direction where Mr. Smith and the prisoner were struggling together? A. Yes, there were one or two people between where Mr. Smith and the prisoner were, and the cab—I saw the purse pass up under the cab.
WILLIAM JONES (Police-constable, 566). The prisoner was given into my custody by Mrs. Brett on the day in question—I took the prisoner to the station-house—he declined giving his address—I found 4s. 7d. upon him—the half-sovereign has not been found.
GUILTY .*— Four Years Penal Servitude.
MR. ORRLDGE conducted the Prosecution.—MR. SLEIGH appeared for the Defence.
NOT GUILTY .
MR. GENT conducted the Prosecution.
JAMES LEE . I am a labourer—I live at 74, Lower George-street, Sloane-square—on the morning of 23d July, at about 20 minutes to 3, I left the King's Arms, Chelsea, with my mate, Alfred Smith, and was going towards home—I had seen the prisoner in the King's Arms—he left at the same time, and walked along by the side of us—I did not speak to him—I and my mate went into the Cricketers, and the prisoner came in—we had half-a-pint of purl—then we came along the road towards home—when we came to Cook's ground, my mate, Alfred Smith, says, "Jim, I am taken so bad in my inside, dp not go far; I shall not be long;" he went away to ease himself—the prisoner walked slowly on with me—seeing him in the dress of a lighterman, I asked him if he knew George Green, Phil Ellis, and one of the Coombs's—he said he knew Phil Ellis—I whistled, and said, "Al, what a while you are"—the prisoner said, "I know you have got some money, I will have your money or your life," and he up with his foot and kicked me in the privates—I stooped with the pain, and he thrust his hand in my waistcoat pocket, and then, into my trowser's pocket—I struggled with him, and he seized me by the throat; I did not fall down—I felt the pain for a week—after I had got his hands off my throat, he ran away down the King's-road—nearly opposite the turnpike, by Cook's ground, I met two policemen, and while they were asking what had occurred, up rused the prisoner behind me—this was about 20 yards from where he attempted to rob me—he came round the corner; he could not see that the policemen were so near.
Cross-examined by MR. AUSTEN. Q. You say you ran for a policeman? A. Directly I released myself from him—I ran away about 20 yards—I remember what happened that night—we only went into two public-houses,
the King's Arms and the Cricketers—we only had two pints of porter—I was perfectly sober.
JAMES MANLY (Police-constable, V 347). I was on duty in the King's-road on the night of 23d July—I saw the prosecutor there at about 3 o'clock the next morning; he ran up to me from Cook's ground—the prisoner followed him directly across the road—it was just getting break of day, and they might have seen me from Cook's ground—the prosecutor told me the prisoner had kicked him in the privates, and while he had his hands down with the pain, the prisoner put his hands in his waistcoat pocket, but fortunately he had nothing there—he felt in great pain, and gave the prisoner into custody—the prisoner said nothing at all till I got very near the station, then he said the prosecutor had laid him a shilling on something and he would have it—he bit my thumb, likewise my hand, and kicked my leg—he was drunk.
Cross-examined. Q. Did you know the prisoner before this affair? A. I have known him several years—I never knew him do any work—I have known him about the street for these last 8 or 9 years—he has been convicted at Hammersmith police-court for stealing a box of cigars—the prosecutor did not show a disposition not to appear against him—I did not threaten the prosecutor—he did not appear at the police-court the first day—I called at hia house to know the reason, and he told me he was so ill he could not appear, through the kick he received from the prisoner; he seemed to be in very great pain.
GUILTY of the Attempt.*— Confined One Year.
795. JOHN WILLIAMS (19) and JOHN SMITH (18), were indicted for burglariously breaking and entering the dwelling-house of William Linnett, and stealing therein 1 cash-box and 3l. 8s. 6d. in money, his property.
HARRIET LINNETT . I am the wife of William Linnett, and keep a chandler's-shop at 83, Cromer-street, Gray's-inn-road—on Thursday, the 8th of July, my house was broken into—I went to bed at 12 o'clock at night, after shutting up—the back-parlour window was quite safe and fastened—the servant woke me up at 6 o'clock in the morning—when I went down, I saw that the window had been broken open—I missed the cash-box, which had contained 1l. 9s. 6d. in silver, and 1l. in gold, and some coppers; there were three halfpence on a shelf, which I had taken the day before and put up there, because they were three remarkable halfpence—on the table there were two plates, two knives, two glasses, and a jug; I had left the table quite clear of all those things when I went to bed—some small beer had teen drawn out of a cask in the shop; there was a cherry-pie, that was every bit gone; a cushion of bacon had been picked and the bone laid down on the floor—the three coppers I could swear to; I told the police so: they are now before me: one has a hole in it, it is not a round hole, nor yet a square one; another has D. F. upon it.
COURT. Q. Do you know the prisoners? A. I have seen them both over the counter, coming in for a penn'orth of pudding—I am quite sure I did not give those halfpence in change—I am positive they were in the cash-box the last thing at night—I placed them there my own self.
Williams. Q. Did I not come into your shop the day before and change half-a-crown? A. I am positive you did not.
yards from the prosecutor's house; they both live in the neighbourhood—on the 16th I apprehended the prisoners at 23, Manchester-street; I found this cash-box (produced) in the garden of an unoccupied house that abuts upon North-place.
WILLIAM HILL (Police-constable, S 39). At a quarter past 5 on the morning of the 9th July, I saw the prisoners crossing the New-road near King's-cross; on looking at them their eyes dropped and they appeared to be very fidgetty—in consequence of what a constable in St. Pancras-road said I went after them, and in Weston-place I saw something pass from one to the other—Smith ran away, and I after him through several streets; in the course of the running I heard the jingling of copper, and I followed him into a coffee-shop in Wilsted-street—I asked him for the coppers in his pocket, he said he had none; I searched him, and in his trowsers pocket I found a sovereign, 9s. and a penny in copper—when I took the sovereign he said, "Mind the quid, do not lose that."—I took off his boots and there were the marks of garden-soil on his feet—I asked where he got the money, and he said by selling fruit in Holbora; and he was going to Somers-town—I directed another constable to take him to the policestation, and when I came back through the Brill I found the other prisoner in custody—they were charged at the Clerkenwell police-court with having stolen money in their possession, and remanded—constable Brown afterwards reported at the station the robbery at Mrs. Linnett's—I went to her house, and she identified the coppers that were taken from Smith.
JOSEPH SMITH (Police-constable, S 236). I was on duty on the morning of 9th July; I saw the two prisoners coming up Weston-place, the sergeant called my attention to them; we followed them up Weston-street, when Smith set off running; we ran after them, and followed Smith and stopped him; he said, "You had better mind what you are doing with me, I am going to work, if you don't mind what you are doing I will take your coat off,"—when opposite Hertford-street, in Wilsted-street, I saw something pass from Williams to Smith, when he ran away.
ELLEN HARRINGTON . I am servant to Mrs. Linnett—on the morning of 9th July I got up at 6 o'clock, and when I came down stairs I found the house had been broken into—the supper-things were set out on the table, the jug, the glasses, and the plates, and I saw the bone on the floor—I alarmed my mistress.
Williams' Defence. On that morning I went and called Smith up to go to market, and we went round by King's-cross.
Smith's Defence. I have got a good character but I have not got it here.
GUILTY .— Confined One Year each.
OLD COURT. Saturday, August 21st, 1858.
Ald. PHILIPPS; Mr. Ald. GABRIEL; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
MR. POLAND conducted the Prosecution.
MARY ANN KING . The prisoner is my step-father, the deceased was my mother; she had been married to the prisoner for fifteen yeas—we lived at 1, Sarah-place, Brick-lane, Christchurch—my mother was 48 years old—the prisoner was a labourer at the docks, I lived at home with them—on Saturday, 29th May, in the afternoon my mother wished to go out, she had some offices to clean; the prisoner was drunk, and he said he would not let her go; she said she would go; he said, "I will not let you go," and then he struck her on her arm with his fist—I interfered—he said if I interfered he would strike me—before that, he threw the table down; that was while he was scuffling with my mother—he intended to hit her and she would not let him, there was a scuffle and the table was knocked over in the scuffle, and one of the legs of the table was broken off—then I took up the poker, and I said I would strike him if he insisted on hitting my mother; he wrested it from me, and then my mother struck him on the head with the leg of the table, it wounded him, his head bled very much, and he fell on the ground—he threw the poker away—I said to mother, "You have done for father now;" she said, "It serves him right, he should have let us alone"—I wiped his head with an apron—my mother told me to go and fetch a constable—I left the room—the prisoner was then on the ground—the room is on the first floot—I went to the bottom of the stairs, when I heard my mother scream, I immediately returned to the room and saw my mother standing with her hand to her left side; my father was standing in the room with his hand to his head—he had nothing in his hand at that time—mother was crying; I saw the poker lying in the place where I had left it—I said to my mother, "What has he done?" she said, "He struck me with the poker on the side"—I then went down stairs and my mother followed me—one of the neighbours had brought a constable, he did not go up stairs—my father looked out of the window; my mother said, "I will give him into custody,"—the policeman seeing my father look out of the window with his head bleeding, desired him to come down stairs, and when he came down he said, "I will give her into custody,"—the policeman said he could not take one without the other, as there was violence on both sides—when my mother wanted to give him into custody I persuaded her not—I said, "Mother, don't give him into custody, he has got more marks to show than you have"—she declined to give him into custody—my father returned to his room, and mother went to her work as usual—she was at home on the Sunday and did the domestic work of the house that day—on the Monday she went to the London hospital, she was not taken in then—she went to her work on the Tuesday, and did some washing on Wednesday—on the Saturday, Sunday, Monday, and Tuesday, she slept at home with the prisoner, and on the Wednesday she was taken into the hospital, not being so well—she remained there till the following Saturday-week, that was the 12th June—I went to see her on the 11th, and found her very well, and she said she would come out on the Saturday if she kept on as well as she was then—on the Saturday, the 12th, the nurse came to say that she was much worse—I went and found her much worse—she wished to come home—the doctors pressed her to remain, as she was so ill, but she would come home, and I took her home in a cab—we met my father as we were coming home and he went home with us, and he gave her some port wine—on the following day (Sunday) she was very ill, and my father went for Mr. Comley the doctor; he was ill, and his son came to attend my mother—he gave her some medicine—she was much worse on the Monday, and died that night—when she came out of the hospital she complained of
her stomach, not of her side—she was buried at the cemetery on the following Thursday—early iu July she was taken out of her grave again, and I saw her body.
COURT. Q. When you said to your mother "What has he done?" and she said "He struck me with the poker on my side," could he hear what she said? A. Yes.
JURY. Q. Did he throw the poker away from insensibility or voluntarily? A. He threw it away; that was after he was struck—my mother was rather a weakly woman and had a bad cough—she was always ailing—I said nothing to Mr. Comley about my mother's side; she did not complain of her side.
JOHN COMLEY . I am a surgeon, of 71, High-street, Whitechapel—on Sunday, 13th June, I was ill and confined to my bed; in consequence of that, my son went to attend the deceased; he is a dresser at Guy's Hospital—I never saw the woman in her lifetime—by the direction of the Coroner, I went to the Cemetery, and there made a post-mortem examination of her body on Thursday, 1st July—my son identified the body—I found a fracture of the ninth and tenth ribs on the left side; and, on examination internally, I found that a portion of the tenth rib had penetrated the lining membrane of the chest—there was effusion into the chest on both sides—the lungs were very much diseased, and there was the appearance of inflammation where the bone had penetrated the side of the chest; the inflammation was caused by the penetration of the broken bone—there was also inflammation of the stomach and intestines—I did not connect that inflammation with the injury to the ribs—the penetration of the bone into the chest and the subsequent effusion was decidedly the cause of death—a blow from a poker would be likely to cause the fracture I saw; I do not think it would result from a fall against a table.
COURT. Q. I suppose if there had been no injury inflicted upon her, she would probably have died of consumption? A. Yes, after a time—she was in a weak and debilitated condition.
THOMAS HARRIS (Policeman, H 81). On the afternoon of 29th May, I was on duty near Sarah-place, Brick-lane—I found the deceased and her daughter in the court—the deceased wanted to give her husband into custody; the daughter persuaded her not—I have heard what Mary King has stated about it: she has given a correct account—when she said she would charge him, I called him down stairs, and then she would not charge him; and when he found she would not charge him, he wanted to charge her—she was pressing her hands against her left side, and crying—he was drunk; she was sober—I have known the prisoner for some time: except when drunk, he has always been a kind and affectionate husband.
COURT. Q. He was bleeding, was he not? A. Yes.
JOHN CRITCHELL , (Policeman, R 411). I was on duty at Bell-green, Sydenham, on 22d June, about a quarter to 11 in the evening, and saw the prisoner there—he was standing on the footpath, with his hands folded in front of him, praying God to forgive him for what he had done—he was sober—I went across the road to him, and asked what he had done—he stood for some few minutes, and I asked him again what he had done—he made no reply, and I asked him if he had robbed any one—he said, "No, something worse than that: there has been a row at home; I took away the poker: I struck my wife, and murdered her"—I asked him where—he said, "No. 1, Sarah-place, Spitalfields"—when I asked him what he had done, he said, "Go below; you will hear more about it"—there was a great
quantity of people at a public-house below—I took him into custody—we met sergeant Strength on the road, and took him to the station—he made a statement to Strength, and after that he became very much excited.
Prisoner. Q. Can you say that I was in a right state of mind when you took me into custody? A. Yes, you were fully conscious of what you said—I did not observe any appearance of delirium tremens about you—you seemed rather excited after you had made the statement.
COURT. Q. In your judgment, when he spoke to you and when he made the statement to Strength, was he perfectly conscious of what he was saying? A. He was.
JOHN STRENGTH (Police-sergeant, R 49). On the night of 22d June, I saw the prisoner in the custody of Critchell—I ordered him to be taken to the station—the constable stated to me, in his presence, what he had heard him say, and I then said, "You hear what the constable has said; if you wish to say anything, I shall take it down in writing; you are not bound to do so, but whatever you do may be used against you"—he said, "I wish to make a statement, as I am very unhappy"—he then made a statement, which I took down in writing from his lips; this is it (Read: Sydenham Station, 22d June, 1858. "My name is John Hoare—I live at I, Sarah-place, Brick-lane, Spitalnelds—about a fortnight ago, there was my wife, the girl, and me—the girl and me had a fight—the girl took up the poker, intentionally to strike me I supposed—I took the poker from the girl—in the meantime, my wife took up the leg of the table and struck me on the head, and caused a wound, and, on my seeing blood run down, as I had got the poker in my hand, I struck her on the ribs and caused a fracture—she walked out of the room, and then she complained to policeman, H 81, and wished to give me in charge; but, on account of seeing violence had been committed on me, he would not take the charge—my wife afterwards went to the hospital on the Monday following, the doctor wished her to stop in; and she had an objection to stop in, and returned home again and got worse, and on the Wednesday she went again, and they took her in and she stopped till the following Wednesday, when she wished to come out—I sent a cab to the hospital on the Thursday to take her away—I then went to a doctor opposite Whitechapel church—the doctor came with me, and attended her—he said he would send some medicine if I could pay, and I went with him to fetch it—my wife got worse, and died on the Monday following—all that has been read over to me is true"—It was read over to him before be signed it—he was quite sober and quite collected at the time; afterwards he became rather excited, and wished me to send for a doctor—he had not delirium tremens.
Prisoner. I have no recollection of it at all—I was quite out of my mind at the time—I have no recollection of seeing that man until I was at Worship-street
JOHN MUSPRATT COMLEY . I am a dresser at Gay's hospital and assist my father—I attended the deceased in Sarah-place—I afterwards saw her body at the Cemetery, and pointed it out to my father—it was the body that he examined—during her life, she never complained to me about her ribs—I treated her for a disease of the stomach.
Prisoner. I went to him once or twice, on account of my wife being so bad. Witness. I believe he came three times—he was very anxious for the medicine—he behaved towards her very kindly indeed.
Prisoner's Defence (written.) "It was the usual custom on a Saturday night for my wife to go out to work at charing or cleaning offices or
apartments, for which she received but a very small remuneration, and whilst she was doing so, having no inducement to remain at home, I was given to the practice of spending at a public-house more than she could possibly earn in the meanwhile. At last, I began to see the inutility of this, and one Saturday night I went home rather the worse for liquor, and resolved that this should continue no longer; I told my wife that she should not go out to work that night; she said she would, and seemed determined to go; this led to a serious altercation between us, during which my step-daughter caught hold of the poker and was going to strike me with it, but I prevented her doing so by seizing hold of it, she then rushed out of the room, but immediately returned; my wife then seized the leg of a table, with which she laid my head open, and from loss of blood I fell to the ground; my step-daughter applied her apron to my head to try to stop the blood, and exclaimed, 'Oh mother! you have killed father;' my wife replied, 'And a very good job too.' My wife then went down stairs, and I followed her; a policeman was called, and she wished to give me in charge, but, seeing the marks of violence and blood upon me, he would not take it. After this she went to work as usual and came home at the usual time. On the next morning (Sunday), she complained of a pain in the side, and not being any better on Monday I advised her to go to the hospital, which she did: she would not remain there, and returned home again that day. On Tuesday she went washing, but on Wednesday she again complained, and made up her mind to go in the hospital. On the Saturday-week following, my step-daughter, as usual, went to see her, and brought word back that she was better, and that she expressed a desire to leave the hospital. I then said, 'If your mother wishes to be fetched away she shall be,' and I then procured a cab and did so. On the Sunday, she told me that her bowels had not been properly acted upon for some days, whereupon I fetched a doctor to see her, who sent her some medicine which relieved her. He called again on the Monday, and ordered the medicine to be continued, but she refused to take it, and did not have any more; and she remained in the same state until Tuesday, when she unexpectedly expired. As is usual in such cases, a medical certificate was procured, and my wife was buried on the Thursday following. The funeral would not have taken place so soon, but that the undertaker stated that it would be improper to keep the corpse any longer. After this, I was persuaded to dispose of my furniture, and unfortunately took to drinking, which, for the time, rendered me quite unconscious of what I was doing, and by some means or other I got down to Sydenham where I was taken into custody and brought to the Worship-street police-court, when I was much surprised to hear the policeman read a long confession, which he stated I had made to him, and which he had taken down at the time, but of which, or how or when or where it was made, I have not the slightest recollection, and upon which evidence I was committed to take my trial. I now beg to throw myself on the mercy of the court."
GUILTY .—Strongly recommended to mercy by the Jury.— Confined One Month.
MR. J. PRENDERGAST conducted the Prosecution.
12 o'clock as near as possible, I was at the Spread-Eagle public-house and came out with a woman—I bade her good-night and left her, and coming along, at the comer of Edward-street four men pounced out upon me, two of whom are the prisoners; they caught bold of me and dragged me down Edward-street about twenty yards, Hisley having tight hold of my neckerchief with his left hand and pressing his knuckles into my throat which almost caused strangulation—I was unable to resist in any way whatever, as I have got a broken knee-cap and am very lame; I can scarcely walk with a stick by myself—two of the men caught hold of me and tore my trowsers open, and my waistcoat likewise, and wrenched my watch from my pocket—two had hold of me and two picked my pockets—I was not on the ground then, they had hold of me in their arms—I can't say which it was that rifled my pockets—Houghton had hold of my legs; the other two rifled my pockets—after they had got my pockets inside out, Hisley said, "Gouge the sod," and he gave me a violent blow on the cheek and let go, and I fell to the ground, and they all ran away directly—as soon as they let go I was able to halloo "Police," and at that moment, Smith, N 99, arrived—I saw the two prisoners running towards Kingsland-road, and I pointed that way for the constable to go—my watch was worth two guineas—I also lost a watch-guard, three small seals, and 7s. in money—I have not seen any of them since—I am quite sure that all this property was in my pocket—my watch was buttoned up close in my trowsers pocket—it had been in my waistcoat pocket in the early part of the evening, and I took it out, as I make a practice of doing if I go into Shoreditch, and put it into my trowsers pocket and buttoned it up closely, and my money was in my other pocket.
Cross-examined by MR. METCALPE. Q. Where had you been this evening? A. I had been up in town on business—I was detained where I had been till 9 o'clock—some part of the time between 9 and 12 I had been in a public-house—I was in two public-houses, one is at the corner of Bateman's-row, and the other was Mr. Orme's, the fighting man's—this happened as I came out of the Spread Eagle—that is a third public-house—it was about 11 when 1 went in there; I might have been in there about an hour—I met a female just before I came to the first public-house in Bateman's-row, and I went in there to have a pint of ale between us, I had nothing else—I left the female there, and came on about my business—I do not know whether she stopped there or not—I was looking after two males who had come up to London with me and promised to meet me at the corner of Church-street—I was waiting to see them—I did not know whether they might be in any public-house, and I thought I would go in and see—I did not take another young lady afterwards—there were two in the Spread Eagle, one that I knew nothing at all of, and the other was the same that I had seen previously—I had not seen her after leaving the first public-house till I went into the Spread Eagle—I called for a pint of ale for them and I had 2d. worth of cold gin-and-water for myself—I had had 2d. worth of gin-and-water at Orme's—before I saw the men I was not lying on the ground at all; I was not on the ground at all until they attacked me—I was not drunk and lying on the ground when I came out of the public-house, nor were the women trying to pick me up—one of the women came out of the public-house with me, and I bade her good-night and left her and walked along by myself; she did not follow me—the policeman came up to me against the Spread Eagle—he did not caution me against the women; he said, "Mind what company you are in; "and I said, "All right,
I am waiting for an omnibus," that was what I was waiting for—it was after that, that I bade the young lady good night—I believe the other one remained in the public-house, I did not see anything more of her—my watch was quite safe then; I felt for it, I could feel it from the outside—I should say it was 3, 4, or 5 minutes after I left the policeman that the men came up to me—I walked on very slowly, I am not able to walk fast—they came from the corner of Edward-street; that may be 80 or 100 yards from the Spread Eagle—they bounced out, and one struck me a violent blow behind the ear which took me off my feet—I could not say which it was that did that—I had never seen either of the prisoners before to my knowledge—they were brought back to me afterwards by the policeman, and I said they were the men, I could swear to them—I said so directly—they were brought back in 3 or 4 minutes.
MR. J. PRENDERGAST. Q. Is there any pretence for saying that you were at all the worse for what you had taken? A. Not the least—when the policeman came up I pointed out to him the way the two prisoners ran; I had my eye on them at the time; they had hardly turned the corner at the policeman came up; I believe he saw them, and they were brought back in 3 or 4 minutes.
GEORGE SMITH (Policeman, H 99). On 29th July I was on duty in the Kingsland-road, and saw Mr. Brown in company with two females at the corner of the Kingsland-road—I went and spoke to him, and cautioned him as to the parties he was with, knowing them to be prostitutes—he said, "All right, policeman, I am waiting for a bus" and with that he got up to go away to meet the bus—this was just against the Spread Eagle public-house—he was sitting down on a step at the corner as he is lame—from what I was told afterwards I was induced to hasten round my beat, and as I had got about half-way down Edward-street, which is a very dark street, I saw a kind of a scuffle at the further end; that could not have Keen more than 3 or 4 minutes after I had seen him—I then heard a kind of a skreak or halloo, a faint noise, and I directly ran towards the spot—as I ran into the Kingsland-road Mr. Brown was on the ground, pointing with a stick which he had in his hand towards the Kingsland-road—I ran in that direction, and saw the two prisoners on a kind of run or dog-trot—they were together—I went and caught hold of the pair of them by the cuff of the coat and said, "I want you;" one of them, I do not know which, said, "What for?" I said, "For that assault round the corner;" I did not know what was the matter at the time—as soon as I had said that I was kicked off my legs by both of them, but I had got secure hold of them, and in the scuffle I got on my feet again—I then let Houghton go, as he was in my right hand, and I knocked Hisley down with my fist—I found they were too much for me, and I was afraid of losing both—I then fell upon Hisley, and sprang my rattle and called out, and shortly afterwards Houghton was brought back by another constable; it might have been five minutes—I was struggling with Hisley very violently on the ground—I have not the least doubt that Houghton is the one that escaped from me—they were both under a lamp when I took hold of them—they were taken to the station—about that time I saw Mr. Brown with another constable; he was sober, he might have had a glass of ale, but there was nothing visible in him—I looked at his throat, it was inflamed all underneath as if it had been recently done—I did not see the bruises on his face till the morning—his neckerchief was undone and his clothes were very dirty and dusty.
Cross-examined. Q. When you first saw him did it not strike you that he
had been drinking, and was it not for that reason that you cautioned him? A. No; I cautioned him, knowing the females to be prostitutes—we do that when we see them together in the suspicious manner they were—one was leaning over him and the other one had got hold of him round the waist as he sat there—when I went up and cautioned him, one of them went away; I do not know what became of the other—I left him to go round my beat—I am quite sure they were not endeavouring to raise him up—I did not think he was in liquor—when I saw the prisoners they were neither running or walking, it was a sort of trot; I know they can run, but they were going then at something between a sharp walk and a run.
JOB LEWIS (Policeman, N 326). On the morning of 29th July I was on duty in Union-street, Kingsland-road—I saw a crowd collected there, and saw Houghton run from the crowd—I heard the cry of "Stop him," and I ran into the middle of the road and stopped him—he resisted violently—I took him back, and the prosecutor identified him.
Hisley was further charged with having been convicted, at the Middlesex Sessions, in June, 1856, of larceny in the dwelling-house, and sentenced to twelve months imprisonment, to which he pleaded guilty.
HISLEY**— Six Years Penal Servitude.
HOUGHTON*— Four Years Penal Servitude.
MR. WAY conducted the Prosecution.
LAWRENCE MURPHY . I am a boot-clicker, and live at 64, Sun-street, Bishopsgate—on the morning of the 27th July, about 2 o'clock, I was at the Swan public-house in Long-alley—the prisoner was there singing—I invited him to take a glass of ale, which he accepted, and then I sung; then he sung again—at about half-past 2, I left the house with him and his wife, and we went to another public-house to have some spirits—I was never in that house before; the prisoner suggested our going there—I paid for some spirits—I drank some, and the prisoner and his wife had the rest between them—we did not remain there long, we all three came out together—at the top of Long-alley I put out my left hand to shake hands with the prisoner, and with his other hand he took my ring off my finger; it was on the little finger of my left hand—I grasped him by the collar and said, "You vagabond, you have my ring, give it me back; I do not wish to hurt you"—he struck me several times on the head with his fist—I bled very much from the nose—I still had hold of him, and I called out "Police" as loud as I could—he knocked me down—I struggled with him, and he hit me again several times—I kept calling out "Police," and one came to my assistance—the blood was flowing very much from my nose, and I could not give the prisoner into custody in the way I ought to have done, and he ran away—I did give him in charge to the policeman, but he would not take the charge—I said, "I give this man in charge for robbing me of my gold ring, and for an assault"—he said that he did not clearly understand me, and he would not take the prisoner into custody—I had been drinking a little, but I was sober; I knew what took place—I went to four police-stations before I could find out the right one that the street belonged to—I think it was 5 o'clock when I finished the last one—The next afternoon, I went into the public-house where I had first met with the prisoner, and he came in and I gave him in charge—he said he knew nothing about it—I afterwards went with the officer to 39, Primrose-street, and received my ring
from Mr. Hatton—this is it (produced)—I did not get it from Mrs. Hatton at the house—Mr. Hatton invited me out and he gave the ring into my hand at a public-house.
Cross-examined by MR. GENT. Q. Was the policeman with you at the public-house? A. He was not—when I made the charge I did not state all that I have stated now, I thought there was no occasion to do so; I have done so now because I knew that questions would be asked me—before the magistrate I answered all the questions that were put to me (the witness' deposition was put in and read)—I did not mention there about the policeman coming up and not taking the charge—I mentioned it to the superintendant and went to the station to lay a complaint against him—he said I did not give the man in custody in a straightforward manner—I could not do so, from the blood that got in my throat—I waa not in such a state of intoxication that I did not know what I was saying or doing—I perfectly understood all I did—it might have been about half-past 2 when I went to the first public-house—I had been at a friend's house at Worship-street—I did not spend 1l. at the public-house; I only had 1l. with me—I did not drink with women, and treat them—when I got out of the second public-house I saw the man Hatton—he had some brandy in a bottle—I asked him for some—he had been for 6d. worth for his wife—I did not know him before—that was as near 3 o'clock as possible—there was no dispute about it—I drank what he had, and gave him 6d. to get some more—I did not drink the whole of it, I drank part of it with the prisoner and his wife; he gave it me freely—I dare say I was with him 2 or 3 minutes while we partook of the brandy, and then he went away, to get more, I suppose—I went with the policeman to Hatton's about the ring; I knew it was there from information I had received from Attenborough's, the pawnbroker's; I went there to ask if they had had such a thing brought them, and he told me he had, by Mrs. Hatton—he is not here. Mrs. Hatton lives 400 or 500 yards from the pawnbroker's—went and saw Mrs. Hatton, I did not see the ring there, I got it from her husband—I did not drink with him afterwards—he called for some ale—I did not pay for it—I told him if he restored my property I would not prosecute him, and would assist him all I could; that was before he gave me the ring—I might have been with the prisoner altogether, an hour and a half, but I am not positive.
DRUSILLA HATTON .—I am the wife of George Hatton, a boot-closer, of 39, Primrose-street—on Wednesday, 28th July, between 11 and 12 in the morning, the prisoner came to our house and asked for my husband—he was called down stairs, and he produced a ring and offered it for sale to my husband—that was not exactly in my presence, I was at work; the prisoner was standing, whistling and singing, at the door, and that attracted my attention—he handed the ring to my husband, and my husband came in directly from the door and told me that the prisoner wanted to sell it him—the prisoner was not near enough to hear that—my husband afterwards brought me the ring, and I kept it in my possession—I did not show it to any one until I went to Mr. Attenborough's, the pawnbroker's, to know the value of it—that might have been about half an hour afterwards—he told me it was worth a sovereign or 30s.—I brought it back and gave it to my husband—this is it (produced.)
Cross-examined. Q. Do you remember the night previous to the ring being brought? A. Yes, my husband was out that night, I do not know for how long, I was asleep when he came in—I dare say it might have been between 1 and 2—he went to fetch a little brandy for me
as I was ill—he was gone a very little while, I can't say whether it was an hour; I don't suppose it was above 5 or 10 minutes—I am pretty well known at the pawnbroker's where I took the ring, as many other poor people are who are obliged to go there at times when work is slack—I have lived in the neighbourhood these 20 years—I did not go to pawn the ring, only to know its value.
JAMES MOFFATT (Policeman, G 94). I took the prisoner into custody on the afternoon of the 27th—I told him the charge—he said, "I do not know anything about his ring; I admit sparring at the man, but I did not strike him"—I received this ring from the prosecutor.
Cross-examined. Q. Are you the policeman that took the charge? A. No.
COURT. Q. Did the prosecutor's face show any mark of violence? A. Yes, his eye was black.
MR. GENT called
SAMUEL LEEOH . I keep the White Swan public-house, Long-alley—I know the prisoner—on the night of 27th July he was at my house, singing—I believe he is a professional Binger—he has been at my house before; he is a neighbour—the prosecutor came to my house about half-past 12 that night as I was ordering my man to shut up; he was in liquor—the prisoner was singing a song at the time he came in—the prosecutor said, "That is a beautifnl song, it has quite enticed me into the house"—he called for a glass of ale, and forced his company on the prisoner—the prisoner's wife and child were there and two or three friends—the prosecutor stopped there till half-past 2—he drank gin, brandy, wine, and old ale, and he treated all the people there—when he left the house he was very bad indeed, in fact, they were all in liquor, the prisoner as well—the prosecutor treated him and his wife a dozen times—they got rather obstreperous—the prosecutor wanted me to serve him'with more; I would not, and almost put them out of the house—the prisoner always appeared to be a respectable man; I never heard anything against him—there were some women at the bar.
Cross-examined by MR. WAY. Q. If the prosecutor came in in liquor, why did you supply him with more? A. He was not so bad as he was when he left—we are all anxious to do business.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Prosecutor.— Confined Six Months.
NEW COURT. Saturday, August 21st, 1858.
MR. COOPER conducted the Prosecution.
FRANCOIS PERRETT . I am waiter at an hotel in St. Paul's-churchyard—on Monday night, 12th July, I met the prisoner Smith in St. Paul's-churchyard—I had never seen her before—she said, "I am very thirsty, will you give me money to get something to drink?"—I said I had only 2 1/2 d. in my pocket—she said, "That will do, come along"—at that time I had a watch in my waistcoat pocket—I went down Cannon-street, and she
stopped me at a corner and said, would I give her the 2 1/2 d.—at that time she took my watch out of my pocket; it was suspended by a chain—I felt the pull at my chain—at that time the prisoner Walmer came up; he asked me if some person, whose name I forget, was living in Cannon-street—I said I did not know, and the prisoner Smith passed her hand to Walmer at the very time he was asking me the question—Smith then began to run—I thought it very strange that she ran away without getting the beer—I felt my pocket, and the watch was gone; the chain was hanging down, the ring was broken off—I ran after Smith, and called, "Police"—a policeman caught her in Friday-street—on the third day, when I went before the Lord Mayor, he asked me if I should know the man if I saw him—I said, "Yes"—I was taken down to the cell and I picked Walmer out; there were a great many more there, I suppose about fifty—Walmer was standing in the cell amongst others.
Smith. I passed you, and you followed me; you were tipsy; you asked me if I were going home—I said, "Yes, down St. Paul's-churchyard"—you said you were going that way—you asked me if I would meet you on Tuesday night.
Witness. That was what you asked me—I had not time to answer you—that was the time you robbed me—I did not say I had been treating ladies with port wine; I had not—I did not say, "You had better not meet me in the street, as I am so well known, Temple-bar will be the best."
VINCENT BULKLEY (City policeman, 483). I apprehended Smith, who was running down Cannon-street in a direction from St. Paul's-churchyard, and the prosecutor was following her—I overtook her in Watling-street, and the prosecutor came up and charged her—she denied it, and said he had been in the company of two other females previously—she was taken before the Lord Mayor the next day, and remanded till Tuesday, 20th July—on the day of the remand I was called outside the court by one of the officers, who pointed out the prisoner Walmer to me as a man who had tried to pass a bottle to the prisoner Smith, on the day of the first examination—I then took the prosecutor outside, and asked him if he had seen the man—he saw him there on the steps of the court, and he said that was the man who came up to him.
Walmer. I was taken down in the cell, and the prosecutor was brought down—there were three or four others there—he was asked which was the man, and he did not know—the officer said, "Stand up, that man in the shirt sleeves"—that was me, and then the prosecutor said it was me.
FRANCOIS PERRETT (re-examined.) I saw him in the cell, but I had seen him before on the steps—I said to the policeman, "That is the man that had my watch"—the policeman took him down, I don't know where—I was taken down to the cell, and he was brought put from the others—he had his coat on his arm—the officer said, "Don't you think that man is very like the man that took your watch?"—I am positive he is the man—I had seen my watch safe about 5 minutes before I got into Smith's company.
Smith's Defence. I am innocent—I never saw the watch.
SMITH— GUILTY .— Confined Three Months.
WALMER— NOT GUILTY .
MR. METCALFE conducted the Prosecution.
HARRIET BURGESS . I live with Mr. Thomas Lowe, 39, Queen-terrace, Haverstock-hill, in the parish of St. Pancras—on Sunday morning, 17th July, at a little before 6 o'clock, I was alarmed by a noise at the window—I thought it was a cat, and did not take any notice for some time—when I looked round, I saw a man's head, as I thought it was, under the blind; his hand was on the chair, and, hearing me, he got back and his cap fell into the chair—I hallooed out, and he got away—the policeman took him—I had to ring the bell, and a man came into my room—I saw my mistress take up the cap—I heard the window opened, but I can't tell whether it was close down the night before—I heard the prisoner afterwards own the cap, he said in the room, "Give me my cap:" they did not give it him.
Prisoner. Q. Why did not you go to the window directly, if you heard it open? A. I did not—there was an image of a dog on the table; I thought you would knock it down, and in getting back you did knock it down and break it.
COURT. Q. Did you see him have the cap on? A. Yes, he had it on when I hallooed to him, and it fell off when the blind fell on his head.
JAMES KELLY (Policeman, S 371). On the morning this happened, I saw the prisoner about 500 yards from the prosecutor's house, and he was coming in a direction from it, and coming into a brickfield—he had no cap on—I took him back to the house, and this cap was handed to me by Mrs. Lowe—the prisoner said, "That is my cap, give it to me,"—I took him to the station—he repeatedly asked for the cap; at the station he said, "It is my property, you have no right to detain it; a boy threw my cap in at the window, and I went in for it."
COURT. Q. Had he any boy with him? A. There was no boy near the place at the time—it was impossible to throw a cap in the window; the lower part of the sash is level with the balcony, and the blind was down inside, so that nothing could have been thrown in—there was a heavy roller at the bottom of the blind, which kept it down.
THOMAS LOWE . I am the owner of the house—I went round the house that night, and fastened it up—the sash of that window was quite down to the bottom, as close as it could go—there is a balcony in front of that window which goes very nearly up to where the sashes join—he had to get up six or seven steps of the door to get over into the balcony and raise the window—there is a catch to that window, but I will not swear that it was down; if it were, he must have broken the glass.
Prisoner. The window was not shut down.
GUILTY .—The prisoner was further charged with having been before convicted.
THOMAS WALTON (Policeman, S 421). I produce a certificate; (Read—"Clerkenwell, 1857, Thomas Johnson, convicted of stealing a purse, and 6 s. 6 d. in money, from the person.—Confined Six Months and then sent for Three Years to a Reformatory"—I was present—the prisoner is the person—he would have been sent to a Reformatory, but there was no vacancy.
GUILTY .*— Four Years Penal Servitude.
MR. CAARTEN conducted the Prosecution.
SAMUEL COOMBES . I am a detective-officer of the City—on Saturday morning, 10th July, I went to the accountant-general's office in the Court of Bankruptcy—I saw Mr. Dover—he marked two florins, three shillings, one half-crown, and one sixpence, in my presence—they were put into a bag, which Mr. Dover put into a drawer in my presence—this was between 11
and 12 o'clock—I remained about the building, and about half-put 4 I observed the prisoner leave the court—he went into the Bell public-house which is nearly opposite—Larkin and I went to the office, where the bag had been placed—we missed from it one shilling and one sixpence—I them went to the public-house and found the prisoner—I asked the barmaid what money she took from him—she said first it was 2 1/2 d., and afterwards she said he gave her a sixpence—the money was taken out of the till and placed upon the counter; I examined it, and found a marked sixpence; it was the one that I had seen placed in the bag—I took the prisoner into the Bankruptcy Court, and told him to place the money he had about him on the table, and he placed down a shilling and 4d. in coppers—the shilling was marked—I took the prisoner to the station—he gave his correct address—I went to his place, and found nine 5l. notes and thirty three sovereigns.
Cross-examined by MR. COOPER. Q. I believe he has been there sixteen years? A. Yes; I think I have known him longer than that—I know that he lost his savings by the failure of the British Bank, and, since that, he has been very different in his conduct and behaviour to what he was before—there was no gold in that drawer to my knowledge.
ROBERT GUNSTONE DOVER .—I am a clerk in the Bank of England, and am occupied occasionally in the dividend office in the Court of Bankruptcy—on 10th July I marked a half-crown, two or three shillings, and a sixpence—I put them in a canvas bag, and put that bag in a drawer—the drawer was left unlocked, but it was closed—I left the office that day about 2 o'clock—I have since been shown a shilling and a sixpence; these are them—they are part of what I marked.
Cross-examined. Q. You have known the prisoner some time? A. I have seen him about the place occasionally—I don't know of any jewels or money that he has returned—I know of a gold mourning ring that he returned—I don't know that he returned 2l. or 3l. that was left in a drawer.
WILLIAM LARKIN . I am chief porter to the court of Bankruptcy—the prisoner was under porter; he has been so on and off for some years—I have known him eleven years—he was not there when I went—he has come back about five years—I know the office used by Mr. Dover—the prisoner had access to it—I saw him there on Saturday, 10th July—he went in first about a quarter before 4 o'clock, and left about a quarter past 4—he locked the office door, and went over the way—I examined the money with Mr. Coombes—there was no other money in the drawer but what was in the bag.
Cross-examined. Q. Do you know of the prisoner returning 20l. that had been left? A. I have heard of it since—I remember his having a fall on his head; that was while he had left—since then I have observed a great change in his manner; he has not been right since—a very small quantity of liquor overcomes him—he appears not to know what he is about when he has taken a drop—he has discharged the duties of his office since he has been back—he lost all his property by the failure of the British Bank—I had observed something the matter with him before that, in consequence of the fall on his head.
COURT. Q. He did not drink much? A. He told me he drank three pints of gin in one day, and I sent him home—he was not given to drink.
past 4 o'clock—he had half a pint of beer and 1 1/2 d. worth of rum—he was quite sober—he gave me a sixpence in payment—I put it in the till—the officer Coombes came, and in presence of the prisoner I turned out the money that was in the till—Coombes picked out a sixpence; he gave it to me, and I marked it, and Coombes took it away—this is it.
MR. COOPER called the following witnesses for the defence.
HENRY BROWN . I have been a messenger of the Bankruptcy Court about twelve years—I have known the prisoner the whole time—I always found him a very good sort of man—he once called my attention to some money he had found—I think there was twenty-nine sovereigns and twenty-five or thirty shillings—I gave it into the hands of our head-clerk, that it should be returned safely—the prisoner has been very delirious and in a bad state since the failure of the British Bank; he was quite out of his mind for some weeks, and has never been right since.
Cross-examined by MR. CAARTEN. Q. What money was it he found? A. It was in gold and silver—it had been left in a drawer by a bank-clerk, perhaps about 5 o'clock in the evening—I gave notice, and the chief clerk kept it till Monday, I think—it was left in the dividend office—the clerks leave at 3 o'clock—this money was left in the clerk's usual drawer, and, on his coming on Monday, it would have been found—the prisoner was employed to do various things about the office—I saw him on 10th July—he did not seem out of his usual way—I did not notice him—I was making up my letters for the post.
COURT. Q. Have you seen him when, he was not himself? A. His mind seemed wandering—he did not seem to know what he was doing.
MR. TIMOTHY. I am a surgeon—I have attended the prisoner the last twelve months—I considered him of a very weak state of mind—he spoke to me about the British Bank in a very agitated state—I saw him on 9th July—I considered him in such a state that I desired his wife not to let him have any money; I thought he was not fit to take care of it.
Cross-examined. Q. Did he say anything to you on 9th July? A. He asked me about his wife, and he began to cry—his wife was not in bad health, she had a little irritation of the skin of the leg—I don't know whether he understood what I said to him—he kept walking about the room—I told him his wife would soon be better—I can't say that he did not know right from wrong; his mind wandered.
MR. ROWE. The prisoner and his wife lived with me for nine years—he was a very honest and steady man—I remember the British Bank failing—since then he has been an altered man—he has come down stairs out of bed with the poker in his hand, and said he was amongst vagabonds—he has not been so bad since—he has slightly.
NOT GUILTY .
GUILTY .—Recommended to Mercy by the Jury.— Confined One Month.
Before Mr. Common Serjeant.
MR. AUSTIN conducted the Prosecution.
month I was with the vessel fishing off the coast of Holland, upon the high seas—the prisoner was an apprentice on board—he was my watch-mate—the captain had gone off to spend the day with some more captains, and I had charge of the vessel—when we came on deck after breakfast the prisoner said, "Charley, we have not got anything to do this watch"—I said "Yes, you have"—he said, "We have always something to do in our watch," and seemed very much displeased at it—I said whether he was displeased or not, it must be done—I told him to go up and send three blocks down—he did that after some time—I sent him up again to hitch them: he was up then some time—it was a simple job to do; he could have done it if he liked, but he would not, and I went and did it myself—I said, "George, a great fellow like you ought to be ashamed of himself, not to do a simple job like that"—he made me very vexed, and I told him if he did not leave off his sauce, I would give him a punch on the head—he said, "That is more than you dare do: if you did, it would be a bad job for you"—about 5 minutes after that, he made me very vexed—we were about three yards apart, and I went to him and hit him—it was not a very hard blow—he returned it directly—we had a scuffle for a little while—he began to get very violent—I asked him if he was going to leave off—he Baid, no: be wanted to keep on fighting—I then threw him on the deck, and held him there till his passion was over—he tried to bite me two or three times—I hit him twice for that—after I had held him there some time, I let him get up and walked away from him round to the other side of the vessel—he came round to the side which I was on, and said, "D—you, I will have my revenge: I will go and cut your shifting up (that is, my clothes) because you have torn my shirt"—he had his knife in his hand—he went down to my bed cabin and brought my bag up on deck—I said, "George, it is poor spite to want to cut my shifting up, for I have only torn your shirt"—the cabin-boy was standing on deck, and I said to him, "Chuck my bag below; he shall not cut my shifting up"—the boy threw it down into the fore-part of the vessel—the prisoner directly went down the hatchway after it, with his knife open in his hand—I was rather louth to follow him, because I had seen him use weapons before; but I saw him cut the string of my bag in halves, and I went down to take my bag away—as soon as I entered the forecastle, he ran at me with all his force, and said, "D—your eyes, I will kill you," and he ground his teeth—he ran the knife as hard as he could into my left side—he only gave me one blow; it was about three inches below my arm—I said to him, "Oh George, you have stabbed me"—I got up the hatch-way as well as I could, and fell down upon the deck, the blood pouring out of me—a signal of distress was hoisted, and I was taken into harbour, where I was under the charge of a medical man for four days—I have suffered a good deal from the injury—the doctor said if it had been two inches lower down I should have been dead directly—I feel it now at times, but the place has healed up.
Prisoner. Q. Who was on deck besides the cabin-boy when you hit me I A. Only my own little boy, 6 years of age—Kennedy was not there—he was asleep in the forecastle cabin, and saw nothing of it—when I complained to you about not hitching the blocks up right, you said, "Thunder my eyes, I could have hitched them as well as you if I liked"—you had your knife open in your hand when you went into the cabin—you did not ask me for a shirt for the one I had torn of yours—I did not pick up a handspike—about a quarter of an hour after I was stabbed you came down to me in the cabin, and I said, "Suppose you had killed me, what would have
become of my wife and family?"—you said, "You had no business to come down the forecastle at all"—I said, it was my duty to go about the vessel when I thought proper—you afterwards cried, and said it was your temper.
JOHN THOMAS QUASH . I am captain of the Star fishing-smack—on 17th July I was fishing off the coast of Holland, in company with the Albion—about 1 o'clock in the day, my attention was attracted by a signal of distress from the Albion—I went on board, and found the prosecutor lying on the cabin floor, bound under the arm with two sheets, which were completely saturated with blood—he appeared to be exhausted from loss of blood—I subsequently saw the wound; it appeared to be a bad wound—I took the vessel into Schelling harbour, and a medical man attended him for five days: he suffered very much for the first two days—I tinted him every day.
The prisoner's statement before the Magistrate was read as follows:—"I did not stab him for the purpose—I had some words with him about the rigging—he called me names and struck me first—I did not mean to hurt him.
GUILTY of Unlawfully Wounding.— Confined Two Years.
804. ROBERT MANSFIELD (18) , Stealing, on 5th August, 1 wooden chest, 22 bottles, 1 stomach-pump, 1 comb, 1 box, and 6 cape, value 7l. 18s. of Henry Masterman. Second count, feloniously receiving the same, to which he
PLEADED GUILTY .— Judgment Respited.
Before Mr. Justice Willes.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution, and MR. SLEIGH the Defence.
GUILTY of the Attempt. — Confined Two Years.
MR. DOYLE conducted the Prosecution.
JOHN EVANS . I live at 6, Hale-street, Deptford, and work at an iron-foundry—the prisoner was my lodger—he occupied the front room up-stairs—I slept in the front room down stairs—on Tuesday, 3d August, the prisoner and his wife came home together: they were tipsy—nothing had passed between us, but his wife had used disgusting language in the street, and I gave them notice to quit—on the next day, Wednesday, the prisoner and his wife came to my room at nearly 11 o'clock at night—I was in bed—
they came to my door—they were swearing how they would serve me if I came out—the prisoner's wife said, "Come out"—they remained at my door I suppose 10 minutes—I got up and put on my trowsers and boots—I opened my room door, and, in entering the passage, the prisoner's wife struck at me with a poker; I grasped the poker and wrenched it from her—the prisoner was then standing at my back, with a knife over my head—I turned my head and saw the knife in his hand—I turned myself round with the poker, and he struck me three or four times on the top of the head, and over the eye, in the passage, with the knife—I scuffled and got into the street—I found I could do no more than defend myself with the poker—I struck him several times across the arm to make him loose the knife—Mrs. Reeves came up and got the knife from him, and I went as well as I could for the policeman, and he and I got the prisoner to the station.
Cross-examined by MR. HORRY. Q. Have you told us all that took place? A. Yes—the poker was not mine—it was not in my parlour—I know nothing about it—I was not beating the prisoner very severely about the head with the poker—I never touched him—I defended myself from the knife—I was asked to leave off beating him with the poker—I had got the poker and was defending my head from the knife—I chucked the poker into the house—I had given the prisoner notice to quit his lodging on the Wednesday—I heard his wife say something, and I went into my room and locked myself in in consequence of what she said—I kept locked up there two hours—I unlocked the door and came out to see if I could get a policeman, and get some peace—I thought I would get some sleep—I had lain down for two hours by the side of my wife—I then came out to look for protection, and found them in the passage—the prisoner and his wife were the only persons there—the wife made a blow at me with the poker—I got the poker from her—I did not turn round and beat the prisoner—I rushed him out of the passage into the street while he was chopping at me with the knife—that chopping took place in the passage—I beat him in the street, because he still kept on chopping at me; I could do no more than defend myself—I could not have time to call out for help—I did call out for the policeman in the road—Mrs. Evans was at home in bed with me; she did not come out of the room with me; she stopped in the room till such time as we were in the street—I did not call out for my wife—she got up and came into the street afterwards—she did not see what took place, she heard it—the I prisoner's wife and my wife did not have a quarrel on the Tuesday evening I to my knowledge—I don't know whether they had any quarrel on Wednesday, I was at my work—I did not see the prisoner come home—I don't remember his coming home—I was in the bed-room—I heard his wife say, "Here he is," and "Come out,"—that was about a quarter to 9 o'clock—I had but just got into my room—I did not see that Mrs. Ashdown came home with some cucumbers—I did not see her when she used the words, I only heard them—I had not opened the room door before the prisoner came down—they were both in the passage waiting—Mrs. Evans had not got hold of Mrs. Ashdown by the hair, and the prisoner did not on that come down stairs with the knife in his hand—the prisoner was standing on one side of the door, and his wife on the other, waiting to make an attack on me—Mrs. Evans had not got hold of Mrs. Ashdown by the hair, striking her with the poker with her other hand—I did not take the poker from my wife's hand—my wife was in bed.
MR. DOYLE. Q. You came home at a quarter before 9 o'clock? A. Yes, the prisoner was then up in his own room—when I heard this language, I
went into my room and went to bed immediately—the prisoner and his wife paraded the stairs and passage for two hours—I got up in consequence of their knocking at my door—the poker belonged to the prisoner—I did not strike him before he struck me—I got the poker out of his wife's hand—I did not use it in any other way than in trying to keep him off.
ELIZABETH REEVES . My husband is a labourer—we live at 2, Hale-street—on Wednesday night, 4th August, my attention was attracted by hearing a disturbance at 6—I went there, and saw the prisoner and the prosecutor—I saw Mr. Evans strike Ashdown with the poker; I can't say where be struck him, but he struck him till he got him under the lamp, and I saw a knife glittering in the prisoner's hand—I said, "My God, he has got a knife"—I got it out of his hand, and put it in my pocket—I told Evans to leave off beating Ashdown, and get a policeman—Ashdown had been drinking from the Monday before, he was quite stupid.
Cross-examined. Q. Did the prosecutor strike him on the head? A. I did not see that; he struck him on the arm and about the body; he struck him at random—the prisoner seemed as if he was disabled with the beating.
MR. DOYLE. Q. Was the prisoner moving his hand at all? A. No, he did not strike him at all—he backed from him; he was not using the knife at all.
ROBERT HANDCOCK (Policeman, R 147). On that Wednesday I was on duty in High-street—I was called by the prosecutor, and went with him to 6, Hale-street—I went up to the prisoner's room, and knocked several times—I was not let in; I had to break the door open—I found the prisoner, and told him the charge—he said, "All right; I will come with you"—I think the prosecutor was sober; he was bleeding very much from the head.
JONATHAN CREE . I am a surgeon—on Wednesday night, 4th August, I was sent for to see the prosecutor—he was bleeding from two or three incised wounds on the top of the head and one on the eyebrow—one of the wounds on the head was between three and four inches long, the rest were smaller—there was one on the right side of the forehead—they might have been produced by this knife—the wounds were considered serious at the time, but he got on very well afterwards—if erysipelas had come on there would have been danger.
GUILTY of Unlawfully Wounding. — Confined Six Months.
Before Mr. Common Serjeant.
808. JAMES WILSON (19) and HENRY BURKETT (25) , Burglary in the dwelling-house of Samuel Mason, and stealing 2 table-cloths and other goods, value 8s., his property; and 1 mantle and 1 pair of scissors, value 3s. 6d., of Harriet Sadler.
MR. COOPER conducted the Prosecution.
DAVID WALTON (Policeman, R 66). I was on duty near Wickham-terrace, New-cross, on the night of 30th June—I saw the two prisoners walking together towards London, about half-past 11 o'clock—they were stopped by two constables—I asked them where they were going—they said to New-cross, and they had come from Woolwich—I let them pass, and about a quarter past 1 o'clock the next morning, 1st July, I saw the prisoner Burkett in the enclosed shrubbery, nearly opposite the prosecutor's house—he saw me, and ran away towards Peckham—at about a quarter past 2 o'clock, I found the front door of the prosecutor's house open, and on the steps outside was this silk umbrella—I knocked at the door, and the prosecutor
came down—we went down stairs, and in the back kitchen I found the prisoner Wilson lying on the table; be pretended to be asleep—we awoke him—he appeared to be the worse for liquor; he had no boots on—we asked him what he did there—he did not say anything at first, but afterwards he said he had fallen in—the drawers were open, and a great many things were strewn about—the back kitchen window was partly open—I took Wilson to the station—I afterwards found a pair of boots on the landing—they appeared to be a pair that would fit him—the shrubbery is nearly opposite the prosecutor's house, just across the road—the house is in the parish of St. Paul, Deptford.
Wilson. Q. Where did you see us together? A. In the Lewisham-road—you had been stopped by somebody else—you said you came from Woolwich and were going to New-cross.
JOHN ARCHELL (Policeman, R 55). On 1st July, about a quarter past 2 in the morning, I was in the Lewisham-road opposite the prosecutor's house—I heard a noise as if the shutters were opening—I looked and saw the last witness going up the steps—I went near and saw the door was open—I went down with the other witness, and saw Wilson in the back kitchen—I pulled him off the table; he had no shoes on—I searched him, and found a knife and part of a lucifer-match box in his pocket—in going along, he said, "Will this be a sixer, an eighter, or a bolt?"
Wilson. Q. I was asleep? A. You pretended to be asleep—I don't consider that you were drunk; you were the worse for liquor.
HARRIET SADLER . I am cook in the service of Mr. Samuel Mason—on the night of 30th June, I fastened the back kitchen window between 9 and 10 o'clock, and all was then right—I was afterwards disturbed, after the man was found on the table—I looked at the back kitchen window; it was a little way open, and the shutters were half open—I had a black mantle hanging up in the kitchen; that is quite lost, I have not seen that since—this umbrella and other things are my master's.
JOHN ARCHELL (re-examined.) This umbrella was outside the hall door, and this blanket, table-cloth, and other things were scattered about the floor in the kitchen.
GEORGE CHAPMAN (Policeman, R 208). I took Burkett at a coffee-shop at New-cross, about half-past 3 o'clock the same morning—I asked him where he come from; he said from Woolwich, and he was going to the Gun-hotel in the Kent-road, where he had a brother—I told him there had been a robbery in Wick ham-place, Lewisham-road, and that one man had made his escape, and I believed him to be the man, and I should take him to the station—he said he knew nothing about it—I took him to the station, and I found this pair of scissors on his person—I asked him how he came in possession of them—he said he had had them about a month—I laid them on the inspector's desk, and after the prisoner was locked up, I missed the scissors—I went to the prisoner's cell and searched him, but I could not find the scissors—after the prisoner had been before the magistrate, I went back to the cell, and, under the seat of the water-closet, I found the scissors—there had been no one in the cell that morning—I found on him 1s. 6d. in silver, 5 1/4 d. in copper, and three duplicates.
Burkett. Q. You gave these scissors to the inspector; and I was put in two different cells? A. You were put in another cell after you had been before the magistrate.
used them to cut fruit, and there is a little stain on them—they had been in my work-box, which was near the window, and opening the window had knocked the work-box down.
Wilson's Defence. I had come from Tunbridge, and going past this house I thought it was a coffee-house—I rattled and no one came—I went down, and being in liquor I fell asleep—I never saw this prisoner before—he is innocent and so am I.
Burkett's Defence. I went to look after work; I never saw this prisoner at all—the officer never took these scissors from me.
WILSON— GUILTY .
BURKETT— GUILTY .
Confined Nine Months.
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Two Years.
PLEADED GUILTY .— Four Years Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Two Months.
MR. LANGFORD conducted the Prosecution.
EDWABD BAYLEY BROWNING . I am a grocer of Thomas-street, Woolwich—on Thursday evening, 12th. August, I was clearing away the goods that had been exposed for sale; on coming outside again after clearing the stall-board, I saw the prisoner drop a ham on the kerb; the ham had been previously lying on a cheese in the window—it was not possible for it to have fallen out—passengers going along the pavement close to the window could not have knocked it down—I saw a soldier at the window from 3 to 5 minutes before—I did not see his face—I saw the prisoner run away and I pursued him—the ham dropped in front of him.
COURT. Q. Is your shop far from the barracks? A. No; I see a hundred soldiers pass in the course of a day—I did not lose sight of the prisoner till he was taken into custody.
Cross-examined by MR. PHILIPPS. Q. You do a good deal of business in your shop? A. Yes—I had been engaged about 10 minutes putting the goods away—when the man dropped the ham his back was towards me.
CHARLES VIRGO . I am a confectioner at Woolwich—on the 12th inst., at a little before 10, I saw the last witness following a soldier; I stopped him—I cannot swear to the prisoner as being the man—I gave him into the hands of the last witness.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
MARY DAVIS . I am the wife of William Davis of Bloomfield-road, Plumstead—on Friday, 23d July, I hung out a dress on a line in the garden to dry; this is it (produced)—I saw it on the line at halt-past 10 at night—next morning it was gone—I saw it on the following Monday at the station.
JOHN TIMMS . I am a labourer at Woolwich-arsenal, and live at Powis-street. Woolwich—at 10 o'clock on Saturday morning, 24th July, the prisoner Martin met me in Powis-street, and asked me if I wanted to buy a "Miltoc"—I asked him what that was; he said a dress—he took me to where he and Hathaway lodged, and I then saw Hathaway and the dress—Martin said to me," Do you want to buy the dress?" I said, "How much?"—he said, "5s." I said, "All the money I have got is 3s. 6d., if you like to take that you can"—I was going away when Hathaway called me back and said, "We will not take less than 4s."—I said all the money I had got was 3s. 6d.; and then he said I could have it, and he gave me a little slop in—I paid the money, and took the dress home and gave it to my wife to pawn over the hill; that was at 4 o'clock in the afternoon.
Hathaway. He said he was out at 3 o'clock in the morning.
Witness. I was not; I was at borne—I got up at a quarter before 8—the work begins at 9 o'clock—I was going to my work when I met the prisoner—I had been down home and had had my breakfast—I was not out before breakfast; I only just went up to the top of the street: that was before I met Martin—I came up the street 2 minutes before 8, and went down at the quarter and had my breakfast—that was the very day I got to the arsenal
ALFRED WRIGHT (Police-constable, R 301). I was at a pawnbroker's-shop in Woolwich at half-past 5 on the evening of the 24th July—I saw the last witness's wife there with the dress now produced—I took it from her and took her into custody—from information I received from her husband, who came up about 10 minutes after, I took the prisoners into custody—they denied all knowledge of the dress.
JURY. Q. Did any one else besides Timms see the gown in the prisoners' possession? A. I believe not.
Martin. Timms, some years ago, was found in possession of something that he charged to somebody else, but he was found out and got convicted of it.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
HANNAH CAUSDALE . I am the wife of Arthur Causdale, a baker, at Greens-end, Woolwich—the prisoner was in our service a fortnight—his duty was to serve the customers and assist in the bake-house: he had also to receive money from the customers, and it was his duty to pay it in when he came from the round he had been—on the 19th of June, he paid to me 2l. 6s. 0d. on account of Mrs. Marshall: that was part of an account of 5l. 18s. 4 1/2 d.—when he came in, I told him to come and book the bread—I said, "What money have you got?"—he said, "Mrs. Marshall has paid that, 2l. 6s. 0d."—I said, "That is not right"—he said, "That is all she gave me"—the receipts produced are in the prisoner's handwriting—he left
our service on the Monday afternoon following—he went away without any notice.
Cross-examined by MR. SLEIGH. Q. You say the prisoner discharged himself? A. Yes; his brother came in the evening, and said he had come for him—he did not say George was trying to get a situation as cook on board a vessel, and that, in order that I might not be inconvenienced, he had come to take his place—Mr. Cauadale was in the shop, and he said, "I have come for George"—my husband said, "What for?"—he said, "He is on the go"—my husband said, "Go down stairs, and if you are not capable of doing the work he has got to do, I shall punish him for it"—he stayed and did the work for some days—we had no character with the prisoner—we knew he had been living with a baker named Page, in Plumstead, about half-a-mile off—Mr. Causdale went to the police-station and obtained an officer to go in search of him: that was on the Tuesday evening that I found out what he had received—on the Wednesday, the policeman went after him—on the very same evening, he came into the shop with a great deal of insolence, threw a piece of paper on the counter, and said, "That will carry me through all you have got to say"—he did not tell me what the paper contained: he did not say he had been trying to obtain the appointment of cook on board a vessel lying off the wharf—I do not recollect his saying, "Give me into custody, if you please; I am no more a thief than you are"—I will not swear he did not say, "Master can charge me with stealing the money; give me in charge, I am ready to meet it"—I did not give him into custody, because my husband was not at home—he came the next morning, and Mr. Causdale said, "Come along with me to the, station"—the prisoner had only five customers to serve in his round—my niece assists in the business, which is a large one—the only book we have is that in which we book the bread daily, as the men come in—we have no book to enter the money received daily: ours are mostly weekly customers, who pay at the end of the week, and then it is crossed off—the money received is put in the till, and the name of the person who paid it crossed off—no one was present with me at the time he paid the 2l. 6s. 0d.—I say positively he did not pay me 5l. 18s. 4d.—he paid some trifling sums for some quarterns of bread—he did not serve in the shop at all—I cannot tell how much money he has collected in the fortnight he was with us—he had two bills of Mrs. Marshall's to receive: one, 2l. 7s. 9 1/4 d., and the other, 3l. 10s. 7 1/4 d.—he did not pay 5l. 18s. 3d., and say Mrs. Marshall stopped the two farthings on each bill; and as he had only one stamp, she stopped a penny for the other stamp she sent for herself, and that made the 1 1/2 d. short—I did not give him any stamp that day—Mrs. Marshall, perhaps, can tell about the stamps—we take money from the till when we want it to pay a bill, or for any other purpose—William received from Mrs. Marshall the sum of 2l. 4s. 9d.—I said, "Tell Mrs. Marshall it is the wrong bill she has paid first"—it was due for bread some time before the prisoner left—William, received the money for some small bills amounting to rather more than 3l.—I sent my niece to Mrs. Marshall, when the wrong bill was paid—my, niece is not here.
MR. THOMPSON. Q. The 2l. 6s. 0d. was paid on the Saturday? A. Yes—the prisoner left on the Monday—on the following Saturday, I discovered what Mrs. Marshall had paid—I did not know Mrs. Marshall had paid the 3l. 10s. till afterwards—it was better than a fortnight after he left that he, was given into custody—I never afterwards heard him make any statement about the moneys he had received from Mrs. Marshall.
FRANCES MARSHALL . I am the wife of George Marshall, who lives at Plumstead—on 19th June, I paid to the prisoner two sums of 3l. 10s. 7 1/4 d., and 2l. 7s. 9 1/4 d.—he receipted the bills in my presence—I paid him 5l. 18s. 3d.—one stamp I had by me, and I told him to get a stamp while he went to serve another customer.
The prisoner received a good character.
NOT GUILTY .
PLEADED GUILTY .— Confined Three Months.
MR. LANGFORD conducted the Prosecution.
FREDERICK WEAVELL . I am a boot and shoe maker—I live at Parson's hill, Woolwich—on 22d June last, I went to bed at about 12 o'clock at night, having previously locked the doors of the house. I came down at about 6 next morning—I observed the fan-light was open—I cannot swear that it had been shut the previous night—I noticed a dirty pocket-handkerchief, smothered in blood and sand, stuffed in the light—I missed a quantity of boots and shoes from the window; those produced are some of them—I can swear to one, by the name Lehocq, Regent-street, in the inside—I missed about 18l. worth—the pair of women's shoes produced are of my own work—I had seen them in the window the previous night.
WILLIAM SCRATCHLEY . I am a marine-store dealer, living in High-street, Woolwich—between 9 and 10 o'clock on the morning of 23d June, the prisoners came to my shop—Feeney brought this new pair of boots (produced) tied up in a handkerchief—I know them by their red tops; he asked me 10s. for them—I told him I did not want them, but I offered him 5s. for them—he said he would not take that, and went away—Sweeney did not say anything.
JOHN CARRIS . I am a marine-store dealer, of High street, Woolwich—on the morning of 23d June, a man named Walker brought to me a pair of boots for sale—they are the same as identified by the last witness—I told him I had my suspicions of the boots; I said I would go and get change—I fetched a constable—the constable left Walker at my shop, and brought back Feeney—the constable asked Feeney where he got the boots from, and he said he bought them on that morning of a man, for 6s.—the other pair of boots produced, were taken off his feet at the station; he said he bought them also for 6s. and an old pair.
CATHERINE SMITH . I am a single woman—I live at Woolwich—between 8 and 9 o'clock on Wednesday morning, 23d June, I went to Sarah Chambers'; I saw the two prisoners there, one of them was lying on the bed—I saw a small pair of boots lying on the floor—I said, "These will fit little Poll,"—Sarah said,"I think they will, you can go and fit them on"—I went down and fitted them on the child, and sent her to school—I said, if they fitted the child, I would give 2s. for them: when I came back the prisoners had gone—that is all I know about it—I did not pay the 2s.
RICHARD AUSTIN (Police-constable, R 439). On the morning of 23d June, at about half-past 11, I went with Walker to the Standard public-house, Woolwich—I saw Feeney there; I asked if these boots were his (produced)—he said, "Yes,"—I asked how he came by them—he said, he
bought them about 6 o'clock that morning, and gave 6s. for them—I asked who he bought them of, and he said he did not know, but he should know the man again if he was to see him—I took him to the last witness's, and he then said the same thing—I took him to the station-house, and there took a pair of boots off his feet—he said he bought them the night previous, between 12 and 1 o'clock, and gave 8s. and his old boots for them—I did not hear Sweeney say anything.
JOHN NEWELL (Police-constable, R 59). In the afternoon of 23d June, I went to the George and Dragon public-house, Woolwich, and saw Sweeney there—the witnesses, Smith and Sarah Chambers, went with me—they waited outside—I told him I wanted to speak to him; he said, "What do you want?" I said, "If you come outside, I will tell you,"—he came outside, and I asked, in the presence of Chambers and Smith, whether he was one of the men that she received the child's shoes from, and also a pair of women's boots—Chambers said he was one of the marines who gave them to her that morning—I found the women's boots between the sacking of a bed, at the cottage of a relative of Smith's—Chambers has absconded after giving her evidence before the magistrate—Feeney said he had neither had any boots nor seen any boots, and he did not know a marine of the name of Feeney—I told him I should take him into custody for being concerned in stealing a quantity of boots and shoes from Mr. Weavell's shop on Parson's-hill—at the station, the prisoners were confronted, and they denied all knowledge of each other.
Feeney's Defence. I bought the boots, not knowing them to be stolen—I know nothing about the burglary.
FEENEY— GUILTY of Receiving.— Confined Six Months.
SWEENEY— NOT GUILTY .
MR. M. J. O'CONNELL conducted the Prosecution.
ELIZABETH DAGNELL . I am the wife of Charles Dagnell, a greengrocer, in Whitecross-street, Woolwich—about 11 o'clock in the morning on 28th July, I was just going into the kitchen, I turned round and stepped quickly back in the passage, when I saw, through the parlour door, the prisoner coming through the shop from the till—I went quickly into the shop, ran to the till, and found a half-crown gone—I had placed it there the moment before; there was no other money there but one sixpence and a threepenny-bit—I ran after him in the street, and when I was going to catch him, hie made a strike at my face—I told the police, and he was taken into custody in the evening and brought to my house—I know him; I have served him, several times with fruit—when he saw me close upon him in the shop, he asked me if I had any pears which he knew I had not, because there were none exposed—the till is underneath the counter, and he was coming from the till—no one had been to the till in the meantime.
COURT. Q. Why did you let him go out of the shop, if you knew he had the half-crown? A. Because I went and looked at the till first, to be certain.
Prisoner. Q. When I was taken at night how could you swear it was me? A. Because I had watched you before—I had my suspicions of you—I described you so closely to the policeman; I described you by the way you wore your hair, and the dress you had on, a white blouse.
JOHN LARKIN (Police-constable, R 192.) I apprehended the prisoner on the 28th of July, from information I received from the station-house—I told him the charge; he said nothing about that; but he said we generally took him
when he was about to do something good for himself; he was going to sea the next day.
GUILTY .**— Confined Two Months: and then in a Reformatory for Three Years.
MR. LANGFORD conducted the Prosecution.
GEORGE MINERS . I am a watchmaker, residing at Greens-end, Woolwich—on Tuesday night, 29th June, I shut up the shop myself at a quarter past 9 o'clock—I saw the shutters and bar safe at 12, when I went to bed—the police-constable, Wells, called me down stairs at a quarter to 3 in the morning—on going outside the window, I found the iron bar forced away, and two of the shutters taken down from the front: the bar was forced out in the centre, and turned round in the joint; the end was twisted a little, and it had torn the wood away at the further end.
WILLIAM ADCOCK . I live at William-street, Woolwich—on the morning of 30th June, between 2 and 3 o'clock, I had occasion to pass the corner of Greens-end three or four times; when I first passed I saw two young men, and as I approached towards the corner of the opposite side of the way, I saw them walking as it were from the window of the last witness's house to the next house—I had no suspicion that anything was wrong at that time—I will not swear that the prisoners are the men I first saw—I had occasion to turn back again in the course of a very little time, and I still found them by Dix's store—I went away and returned again, when they were still there—when I came back the last time, I heard a foot coming as hard as it could run—I thought it was rather strange, and, as soon as I got round the bow, a young man pulled up all of a titter and walked by very quick; and as soon as he had got by me, he started off like a shot—as soon as I turned round again I heard another foot; he acted much on the same principle—by the time I arrived at the house I saw the officer—I told him two men had gone a-head, and I told him the direction—the prisoners are the men who passed me; I am sure of it because we came face to face—after a little looking at them at the station-house, I was perfectly satisfied they were the men.
Reading. He has stated diffierently to what he did at the police-station—he said he only believed we were the men; he would not attempt to swear at the police-court.
GEORGE WELLS (Police-constable, R 163). I was on duty at Greens-end on the morning of 30th June, at a quarter to 3 o'clock—I saw the prisoners there—Phillips came to the corner close to me and gave a whistle—I thought something was wrong, as I saw them close to the window—as soon as they saw me they both ran away together—I sprung my rattle and followed them, when I met the last witness who told me in which direction they were gone—I ran on and caught sight of them again—I am quite sure they are the men I first saw—when I heard the whistle I was only about three or four yards off—I examined the window of Mr. Miners', and saw that the bar had been forced out of the socket, and some of the shutters were down—it seemed as if something had been put in behind the bar to press it out, as it had sprung—a small piece of wood was forced out from the post where the end of the bar was let in—the shutters were all right when I passed the house 5 minutes before—I had seen Phillips close to the spot at about 11 o'clock the night before.
Phillips. Q. How far were you from the house? A. Four or five yards.
Reading. Q. Where was Phillips standing? A. He came close to me and gave a whistle—I did not lay hold of you because you ran away—I did not see you do anything, only being close to the window which was safe—it was daylight at that time.
WILLIAM ALLEN (Police-constable, R 68). On Wednesday morning, 30th June, I was on duty in Church-street, Woolwich, about three quarters of a mile from Greens-end—I saw the prisoner Phillips, at 20 minutes past 3, sitting down outside a door-way—as soon as I made towards him he got up and gave a call—he came along with his hands in his coat pockets, and appeared to be intoxicated—I turned round and took no notice of him—he passed me in the direction of the London-road—I remained there till half-past 3, when the sergeant came up with another constable—I afterwards took them into custody—I told them there had been a shutter bar taken down in Greens-end—they both said they knew nothing, about it, they had just come from Chatham.
Readings Defence. I am entirely innocent of the charge—I had been to Chatham to see my brother, and being tired I sat down on the road—the policeman came up and then the sergeant—it is not likely that two men would go back with one policeman.
Phillips Defence. I can only say the same.
GUILTY .— Confined Nine Months each.
Before Mr. Common Serjeant.
MESSRS. THOMPSON and POLAND conducted the Prosecution.
EMILY COURTENAY . I am barmaid at the Crown and Cushion, 45, Crown-street, Westminster-road—on 30th June the prisoner came to the bar for a pint of porter—she gave me a shilling—I saw it was bad; I put it in the detector and bent it—I called to Mrs. Hart, who was sitting in the bar, and gave her the shilling—the prisoner tendered a sixpence to Mrs. Hart to pay a penny for the beer she had drunk.
REBECCA HART . I am the wife of James Hart—on 30th June the last witness called me to the bar and gave me a bad shilling—the prisoner was there—I said to her, "This is a bad shilling"—she said, "I was not aware of it; I will pay for the beer; how much is it?"—I said, "A penny"—I told her to pay for it and go—she then threw down sixpence—that was a bad one—I asked her where she had got it—she said, "At Watchorn's"—I doubted that, aud sent for a policeman—she said she was a poor woman in the neighbourhood.
RICHARD HART (Police-constable, L 82). I was sent for, and the prisoner was given into my custody—Mrs. Hart gave me the shilling and the sixpence—I asked the prisoner where she got them from—she said from a man named "Jim," who worked at Maudesley's, and lived in Mead-street, Westminster-road—I told her there was no such street—she gave her address John-street, Walworth, and afterwards 270, Kent-street, Borough—I could not find her out at the first address, and she had lodged two or three nights at the last—I found on her three halfpence.
Prisoner's Defence. I have lost my husband—I met a man and he asked me to go to a house with him, and he gave me the money—I had had nothing to eat, and, little thinking I had bad money in ray possession, I went into the public-house to have a pint of porter—I could swear to the man—he told me his name was Jim.
NOT GUILTY .
MESSRS. THOMPSON and POLAND conducted the Prosecution.
PHILIP HINDS CONNELL . I keep the Neptune beer-shop, at Rotherhithe—on Thursday, 24th June, the prisoner came into my house between 11 and 12 at night, and asked for a glass of porter—I served him—he gave me a counterfeit shilling—I gave him the change, and he made the best of his way off—we were shutting up, and the gas was being put out at the time—I marked the shilling, and put it on the shelf at the back of the counter—I never put it into the till—on Saturday evening, 4th July, the prisoner came again at about 7 o'clock—he called for a glass of porter, and tendered in payment a counterfeit shilling—I took it up, and laid sixpence of the change on the bar while I went round—I said, "My gentleman, I have caught you this time"—he was very independent; he sat down and smoked his pipe and drank the beer very coolly, and told me I had rung the changes—I told him it was a bad coin—I got a neighbour of mine to take care of him while I fetched a policeman—I told him he had been in the house eight or ten days ago—he said, "It is about a fortnight since I was in your house before"—I gave both of the shillings to the police-sergeant—I had kept the first shilling on the shelf—I marked it; it was a Victoria shilling, and the second was a William the Fourth.
Prisoner. Q. How do you know it was I who gave you the first shilling? A. You were dressed in the same way, and made the same remark, "Make haste, I am going to Deptford; I am in a hurry"—I did not put the shilling in the till, I had it in my hand—it was in my hand when I went round the counter—you did not take up the change.
JOB TURNER (Police-constable, N 44). I took the prisoner into custody at Mr. Connell's—he said he was not aware it was a bad shilling—I searched him, and found on him 1 shilling, 2 sixpences, 2 threepences, and 1 fourpence—he gave his address 19, B—street, High-street, Borough—I found he had never slept or lodged in the house.
Tullett. Q. What did the man at that house say to you? A. He told me you never slept or lodged at the house.
Prisoner's Defence. On the Saturday I called at this man's house and had a glass of beer—I gave him a shilling not knowing it was a bad one—he accused me with its being a bad shilling—he put the beer on the counter, I was going to pick up the change, and he said, "This is a bad shilling"—I said, "If it is I did not know it; I will give you a good one"—he says, "We will see about that"—he goes out and comes back with a policeman—I told him I did not know it was a bad one—the policeman said, "Have you got any more money about you?"—I said, "Yes"—he said, "Well, let me look at it"—I gave it to him—he picked out a sixpence, and said, "This is not a good one"—he put it between his teeth and bent it—I said, "Do not bend it; leave it till you get to the station-house"—when I got there I was stripped, and everything taken away from me—my pocket-book was taken,
and in it was my bank-book and my character—it was all taken from me, and I have been detained in custody a prisoner six weeks for nothing.
JOB TURNER (Police-constable, N 44). A pocket-book was found on the prisoner—he pulled out his money voluntarily for me to see—I took it in my hand and passed my fingers over it to look at the coins—I bent the sixpence at the time I was in the public-house—I did not know whether it was good or bad—it afterwards turned out to be good—I produce the pocket-book and its contents—(the Savings-bank book had the address,"6, William-street, City" in it.)
Prisoner. My money is in the name of Joseph Smith—I am a married man; my wife would spend it away from me, so I put it in in my mother's maiden name that she might not get it—I saved 25s. and while I have been out of work I have drawn it out—I went to the bank for a post-office order for 5s. to send down to my mother, at Birmingham, because she was poorly off.
The written character in the pocket-book stated the prisoner had been discharged with other hands from the Smethick iron-works, at Birmingham, for want of employment.
NOT GUILTY .
MESSRS. THOMPSON and POLAND conducted the Posecution.
LUCY WILLIAMS . I am the wife of Charles Williams, who keeps the Crown public-house in Kent-street, Southwark—on Thursday, 8th July, between 1 and 2 o'clock, the prisoner came into our house with two other women—they called for a quartern of gin—one of them put down a shilling; I cannot say which—I served the gin, and gave 6d. and 2d. change—the prisoner took it up—I put the shilling in the till; there was no other shilling there at the time—I did not try the shilling; my husband did with his fingers, and found it was a bad one—he put it into a wine-glass, where it remained till the Saturday morning, and then I gave it to the constable—I saw the prisoner the next day, Friday, at about 3 o'clock in the afternoon—when she came in I recognised her directly—she was alone—she called for 1 1/2 d. worth of gin—I know her by her asking for a pin—she tendered a new shilling; I took it up and felt it with my fingers; it was a bad one—she asked me for a little beer—I said, "Do you know what you gave me?"—she said, "Yes, a new shilling"—I said, "You shall have your change when my husband comes in"—she said, "All right"—I said, "You were here yesterday"—she said, "Yes, I was"—I said, "You know what you gave me then?"—she said she gave me nothing—then I called my husband—she remained 3 or 4 minutes—she only sipped the gin.
Prisoner. It was her daughter who served the woman—I did not call for any liquor at all—the woman paid for the half-quartern of gin with two penny pieces. Witness. No; it was a shilling.
CHARLES WILLIAMS . I keep the Crown public-house—on 8th July, I had occasion to go to the till to pay for some ginger-beer; there was only a shilling, a 4d. piece, and a sixpence in the till; the shilling was a bad one—on the next day I was in the house when the prisoner came, at about 3 o'clock in the afternoon—my wife called me—I went outside, and saw the prisoner standing at the door—I said, "You have given a bad shilling, you must come baok with me;"—she came back without making any complaint—I said, "I shall send for a policeman"—she did not say where she had taken the shilling—I gave her into custody.
HENRY ROGERS (Police-constable, A 493). The prisoner was given into my custody—on being told the charge, she said, "I passed one to-day; I did not give her one yesterday"; I received the two shillings from Mr. Williams—I found 1✗s. 4d. on the prisoner.
Prisoner. I never saw the policeman before.
GUILTY .— Confined Six Months.
MESSRS. THOMPSON and POLAND conducted the Prosecution.
MARIA CHANEY . I am a widow—I keep the Surrey Arms in the Blackfriars-road—on 27th July, the prisoner came and asked for half-a-pint of sixpenny ale, and tendered a bad shilling; I broke it, and told her it was a bad one, and asked if she had got another; she gave me a second one; I bit them both, and found they were bad—I gave the prisoner and the two shillings in charge to the police-constable.
FREDERICK HAXELL (Police-constable, M 47). I was sent for to Mrs. Chenay's shop—the prisoner was there given into my custody, and also the two shillings—she said she took them from a man at the back of the Surrey-theatre—she said she was an unfortunate girl, and did not know they were bad—she was searched, and nothing was found upon her.
Prisoner's Defence. I was not aware the money was bad—the money was given to me at the back of the Surrey-theatre by a gentleman.
NOT GUILTY .
MESSRS. BODKIN and ORRIDGE conducted the Prosecution.
JAMES ROBERT GOODHEW . I live at 35, Lower York-street, Rotherhithe—I am a tenant of the Commercial Dock Company—I pay ground-rent for two houses in Trinity-street—the amount is 9l. each, less the income-tax—I was in the habit of taking the money to the prisoner—on 26th December, 1856, I paid him 8l. 8s.
Cross-examined by MR. SLEIGH. Q. Hew long have you known the prisoner? A. All my life—for 20 years I have known him to be an honest respectable man—I never heard anything against him.
WILLIAM QUILTER . I am an accountant at 57, Coleman-street, City—I have been investigating the accounts of the Commercial Dock Company—I went down to the Dock-office to make some inquiry about the receipt of the rent in respect of premises occupied by the last witness, and I had an interview with the prisoner—I spoke to him of the non-entry in the ledger of the Company—I told him there appeared to be five years' rent not received by the Company in respect of those premises, and asked him for an explanation—he said he had been in the habit of receiving the rent from Mr. Goodhew—I asked him if there was a rent-book in which the entries ought to have been made; he said, "Yes,"and he produced it—I produce the book now—in this book I find three years' rent accounted for as paid over by the prisoner to Mr. Smithers—I did not find the rent for December, 1856, or the following year entered in this book at all—as near as I can recollect, I asked if the rent had been received for the years 1856 and 1857, and to the best of my knowledge he said, "Yes, I have received those two years' rents, but owing to something to be settled about the income-tax I have not accounted for
them, but the amounts are in my desk"—I am uot quite clear what he said about income-tax, but there was something to be settled about income-tax—Idon't think it was "dispute"—I was present during the whole of that day—at a subsequent period of the day, Mr. Cox having accounted in the interim for the balance of his cash-book, he was asked for these rents, when I understood him to say he had not got the money.
Cross-examined. Q. Who was present at the interview with the prisoner? A. Mr. Carter, one of the directors of the Company: there were two other directors present, Mr. Brandt and Mr. Meux—the ledger I alluded to was kept by Mr. Smithers, who is at present in Milbank-prison—when I asked the prisoner, in the presence of the directors, who received the rents from Mr. Goodhew, he hesitated, and said he had been in the habit of receiving them himself—in the most direct manner he gave every information I desired—when I asked for the rent-book he went and got it immediately—I then discovered that there had been three years' reat paid over to Mr. Smithers; the entries are initialed by him, that satisfied me at the moment that he had received them, and my impression has been since confirmed by seeing Mr. Smithers last Saturday at Milbank, who stated the fact amongst other matters—the prisoner Cox, at the interview I had with him, produced this book now in court, for the purpose of showing what rents he had received, and what he had handed over to Mr. Smithers—it was his duty to hand them over to him, as the secretary, who was the responsible person—in the course of his duty the prisoner received at all events moneys to the amount of 20,000l. a year, on behalf of the Company—during our conversation, I think the prisoner said he had often paid rent over to Mr. Smithers without deducting the income tax—I did not understand him that in doing so he left the matter about the income-tax to be settled—he handed over so much without deducting the income-tax, and in order to set it right he would charge his petty cash with having paid the income-tax—he did not declare that he had never retained any of the money for his own use, he admitted that he had—when a man tells me he has not accounted for particular sums of money he has received, I conclude that he did not tell me he had never been guilty of the slightest dishonesty in regard to the Company—he did not protest that he had never kept back the money for his own uses—I made a memorandum of the conversation I had with him when he said he had the money in his desk—he conveyed to my mind that though he had not accounted for those sums of money, he still had got them in his desk to account for—I do not know whether on that occasion he said that during the many years he had been in the service of the Company, it was impossible for any one to perform the various and complicated duties he had to perform without assistance—I have heard he has said so—I have heard him complain that he was overpressed with his duties—I have understood he had worked hard at the accounts till very late at night—some men do their work much quicker than others—he did state something to the effect that the non-entry of some of the items I pointed out to him was through inadvertence in consequence of the pressure of business.
MR. ORRIDGE. Q. Tell us what the items were. A. Dockages to the amount of about 300l.
COURT. Q. Over what time? A. Perhaps two years.
Cross-examined. Q. I believe he has been 33 years in the service of the
Company? A. Yes—he has received 250l. a year for three years—no payment was made for extra work—his hours of work were from 8 till 5 o'clock—he lived at some distance from the office—he has worked very late in busy times.
ROBERT CARTER . I am one of the directors of the Commercial Dock Company—Mr. Masterman is the treasurer—when the deficiency was discovered, I saw the prisoner on 22d July—he appeared before a sub-committee of which I was chairman—he was told certain sums of rent did not appear to be accounted for in the books, and asked for the rent-book to show the entries—heproduced the book, and the entries were not made—he said he had received the money, and when asked for it he said it was in his desk—I did not desire him to fetch it immediately—I desired him to make up his petty cash-account, which he did in the course of an hour's time—I then desired him to bring me in the balance of the account—he professed to balance the account, but was not able to produce the whole of the balance of the account—hestated the amount of his petty cash was somewhere about 100l.—after he had brought in the account, I requested him to fetch the money that he said was in his desk, the two amounts of 9l. each, less the income-tax—he said he had not the money.
COURT. Q. Had he notice to go there that day? A. It was his duty to attend there every day—notice was sent to the dock committee to attend—hewas taken into custody on the Saturday following.
JOSHUA GOLDEN (Police-constable, M 7). I took the prisoner into custody on 24th July—he was told by the secretary, in my presence, that he was charged with embezzling the sums in question, the money of the Commercial Dock Company—he hesitated, and said he was about getting some money to make it up.
Cross-examined. Q. Did he not say, "As for embezzling the money, I never kept one farthing of the money for my own private purposes"? A. He never made any other reply but that—he said he was about getting money to make it up.
MR. SLEIGH submitted that in point of law there was no case, as there had been no concealment or falsification of accounts. See The Queen v. Norman, Carrington and Marshman's Reports, page 50. The COMMON SERJEANT was of opinion that it was a question of evidence for the Jury.
Many witnesses were called to character. GUILTY .— Confined Twelve Months.
There were two other indictments against the prisoner.
Before Michael Prendergast, Esq., Q.C.
JOHN FLEMING . I live at 32, Joiner-street, Westminster-road—at about half-past 9 o'clock on Sunday evening, the 8th instant, I went into Watchorn's public-house, Marsh-gate, Lambeth, for a pint of beer—I saw the prisoners there—the male prisoner came outside the house with me and asked which way I was going, I told him to Joiner-street—he said, "I am coming that way"—we walked along the Westminster-road, when I said, "I think I am going too for beyond my crossing;" "No," says he, "there is the Catholic church,"—then he made a grab at my watch—I said, "Do not take that," and put up my hand to save it—with that he made a pull at the chain, gave the watch a sudden drag, and broke the guard—I got hold of him, clung to him, and cried out "Police,"—he had the watch in his hand, and I saw him reach it to the female prisoner—I had seen her in the public-house before; she was called Mary Ann—a man came to my assistance,
and then a policeman came up—I told him what had happened, and he took the male prisoner into custody—I did not notice the female walking alongside of us—I saw her go out of the public-house—I had asked her in the house if she was an Irish girl, and she said not—she drank out of the pot with me and the rest—I am sure the prisoner is the man who snatched the watch—I held him tight till the officer came—I did not see the woman again till the Wednesday after—I was then going to the Lambeth Police-court, and I saw her standing in a bye place, off the street, not far from the court—she turned her head on one side while I was passing her, and I went on straight ahead to the court, where the man was called up and committed—when I came out, I saw her coming up another passage to the court—I went up to the gate to see if I could see a policeman; then I lost sight of her—a young, man came up and said there was a woman down there, who had sent him up to see what had happened to the man that stole the watch—he told that to a policeman, who took her into custody—I am sure she is the same woman.
Mary Ann Murphy. My husband had been away from me from the 13th July—I heard of the robbery, and I went to the prosecutor's house on the Tuesday—I told his wife I was the prisoner's wife, and I would meet her next day at the Police-court—on the Wednesday when I went I was taken into custody; Witness. I did not see her there at my house, but my wife did tell me that she had been—she did not tell me that the woman had told her she was the man's wife, and he had gone away from her—I did not see the woman in the Police-court when the man was being examined.
JAMES STANAGE (Policeman, L 89). I took the woman into, custody on the 11th inst. close by the Lambeth Police-court—I told her I apprehended her for being concerned with her husband in robbing a man of his watch on Sunday the 8th—she said, "I was not there at the time: I was at Rotherhithe, and I have got witnesses to prove I was there"—she said, "I cannot tell the name of the place, neither can I mention any of the witnesses' names: if the magistrate lets me go I will show you the place"—she told the magistrate that, and he remanded her to give her the opportunity of bringing the witnesses forward, but she could not produce them—she was not seen in the Police-court by me or the last witness before she was taken—theprosecutor told me he had seen her, and she was the woman.
Mary Ann Murphy's Defence (written). "I had not seen my husband from the 30th of July to the 11th of August, when I saw him in the Police-court, during which time the robbery which I am accused of having committed with him took place—at the time the robbery was committed, I was in Rotherhithe, looking at the fire of the two hay-stacks which broke out about seven, and I remained in Rotherhithe till eleven, in company with two other women whom I know by sight, though I cannot tell their names—thepoliceman will affirm that I begged of him to take me where it could be proved that I was not with my husband, but he would not do so, and I cannot send to these people because I do not know the proper address, although I could go there—when I heard of this, I must not omit to mention, that I immediately went to the prosecutor's house, and was with his wife about twenty minutes, which I should not have done had I felt guilty—I also begged of the policeman to look after the woman who was
with my husband and the prosecutor drinking till about 10 o'clock on the night of the robbery, and who is a prostitute in the Westminster-road."
MICHAEL MURPHY— GUILTY .**— Confined Twelve Months.
MARY ANN MURPHY— NOT GUILTY .
PLEADED GUILTY .— Confined Eight Months.
Before Mr. Justice Willes.
827. WILLIAM PIKE ROGERS (33) , Forging and uttering a request for the delivery of 100 bags and 50 sacks, with intent to defraud. Also forging and uttering a request for the delivery of certain stores, with intent to defraud: to both of which he
PLEADED GUILTY — Confined Eighteen Months.
MR. PEARCE conducted the Prosecution.
HANNAH WELSH . I formerly lived at the house in the Westminster-road which was called Madame Coton's—Mr. and Mrs. Bennett lived there, and a little girl—Mrs. Bennett was addressed as Madame Coton—she and the prisoner slept together—I was the only female servant in the house—the prisoner had a horse and cart—I have seen him go out with it; not with fireworks, he went with empty cases, to take to the factory at Peckham—thecases were made in the back room on the ground floor, level with the shop—I know red fire; I have seen it in a canister in the yard—I never saw it in the shop—I have given red fire to the boy, in the canister—it was kept in a safe in the yard—the safe was about a yard from the house—I gave the red fire from the safe the week before the fire—the boy, William Bray, asked me to give it out of the safe—I don't know whether there is any other fire beside red fire kept—I was in the house on Monday, 12th July, when the fire took place about half-past six o'clock in the evening I was up-stairs in the back room on the first floor—I heard the boys holloa and run up-stairs—I looked out of the room over the balustrades; I saw smoke and a kind of red light coming from out of the kitchen—the room that the cases are made in, is level with the shop—there are two kitchens under that—the smoke was coming from out of the kitchen—I have never seen any of the boys and men at work in the kitchen—I have seen the boys Bray and Watson with the cases in the kitchen—they were claying the cases—I have seen the men rolling the cases—when they roll them the cases are empty—they are made of brown paper—they are rolled to make them—they are left to the boys to put paper in them and to clay them—they were what were taken to the factory—I know the room in which Tucker used to work—it was the back room on the floor of the shop—there was another room before you got to the back room—I don't remember anything being brought into the room adjoining Tucker's on the Saturday before the fire—I did not see any barrels there—I know a man of the name of Payne; I did not see him on the Saturday, or Sunday, or the Monday, take any barrels from that room—when I heard the boys holloa, I looked out and got out of the house on the balcony—I escaped
with my clothes being slightly burnt—there were three boys; I'can't tell how many men there were—Tucker worked in the back room, the boys worked in the back kitchen, claying the cases.
COURT. Q. Did the master and mistress sleep in the house? A. Yes—they did not go about with candles; they went to bed in the dark.
EDWIN TUCKER . I was foreman employed in that house at the time of the explosion—I was there about 18 months—Madame Coton employed me—theprisoner paid me—they lived together as man and wife—I have been in the firework-making trade all my life—I know of Madame Coton having occupied that house for a number of years—I believe she married the prisoner—I was at the house on the day of the fire, but not at the time of the fire—I had left about three-quarters of an hour before the fire—I know the front kitchen—I saw some red and some green fire in the front kitchen on the day of the explosion—that was used for filling the cases for Vauxhall-gardens and Cremorne-gardcns—this fire makes the coloured lights in the revolving wheels—it is not used in manufacturing rockets—it is used as coloured fire—it was made every day from potash, sulphur, and oxide of copper—the green fire was made from sulphur, charcoal, and oxide of copper—Madame Coton herself was in the habit of making it, in the front kitchen—five or six pounds of it was used per day for filling the coloured cases for the gardens—they consisted of red and green fire—the cases were made in the back kitchen—nothing was done to those cases after they were filled with the fire—I don't know whether the prisoner took away any fireworks from the house—there was a shop where fireworks were exhibited for sale—the prisoner had a horse and cart—I know he took away oases with the horse and cart to Peckham, where he kept all his stock—after the cases left the house in the Westminster-road, they were filled with composition at Peckham—thecases containing the red fire are filled with a rammer and a little mallet, and if it is struck too hard it will cause an explosion—after the red fire was made, it was put in a canister, and kept in a cupboard in the yard—Ican't say whether it was placed before any fire previously to its being deposited in the canister—I have seen it in the kitchen with Madame Coton—Inever saw it dried before it was put in the canister—if the canister were to fall off the shelf, that would not cause an explosion—the cases were hollow—therammer was to ram the composition down, and the mallet to strike it—the little boys were employed to do that work—I have never seen any fireworks taken away by the prisoner in the horse and cart—I know of his having a contract with Cremorne-gardens and Vauxhall—he has taken fireworks from the house in the evening, fireworks ready to be let off—fireworks were brought to the house in Westminster-road every day from the factory by the prisoner in the horse and cart—they were placed just inside the door in the back room—when I left the house on the day of the explosion I left Mr. Harrison in the back room—he was putting the little heads on the rockets for making the stars—there was nothing to be done to those rockets after they had been operated upon by Harrison—there was composition in them—they were made in Charles-street—there were five or six dozen made day by day as they were wanted for the gardens—it was Harrison's duty to put little heads on them to hold the stare—there might have been six or seven dozen there that day—I did not observe any barrels in any room on that day—the small rockets were made in Charles-street, Westminster-road, at Mr. Sunter's—the general supply was made at Peckham and was brought to the house and remained there about two hours—I think Mr. Sunter's premises were six or seven doors down the street—there was no way of
getting from Madame Coton's premises to Mr. Sunter's without going through the street—them was no back way—the small rockets were made at Mr. Sunter's and brought to Madame Coton's—it would not take above a couple of hours to fill a dozen of these rockets—I know a kind of firework called "mine serpents"—they were at Westminster-road—they consist of a composition similar to what is in the small rockets—the two little boys were employed in making the serpents—I should say one boy is about ten years old, and the other thirteen—I never received any directions from the prisoner with regard to any of the work—I received directions from Madame Coton—I don't know of the prisoner having given directions to the boys or to the men—I know that Madame Coton has—I never heard the prisoner speak to the boys about work—it was Madame Coton's duty to give directions as to what quantity was to be taken to any place of amusement—I have seen her accompany the prisoner at times—she, and the prisoner, and the boys placed the articles in the cart—I know a person of the name of Hague—he was employed there—I can't say whether there was any powder in the house on the day of the explosion—I was not there in the daytime—I had seen no powder there before the explosion—the composition for the rockets was kept at Mr. Sunter's, in Charles-street—it was the prisoner's duty to bring it to the Westminster-road for the men's use—he gave it to the men who were using it—he never to my knowledge brought to the house in Westminster-road the materials used in making rockets—the small rockets were made at Mr. Sunter's and brought to our place for the stars, and after being finished they were taken to the gardens—they were at our house two or three hours—the coloured fire was made at Westminster-road—the composition was brought from Peckham and made into rockets partly in Charles-street and partly in Westminster-road—the supply for the gardens would be in the prisoner's house from about 3 or 4 o'clock till 5 or 6—I was employed in the back parlour—I have seen the cart at the premises at all hours, in the morning, at dinner-time, and the evening, not later than half-past 5 or 6 o'clock—we left work at Westminster-road at half-past 5 o'clock—I did not live in that neighbourhood, and in general I did not know what took place there after half-past 5 o'clock.
Cross-examined by MR. GIFFARD. Q. Madame Coton carried on the business for some years herself before she was married to the prisoner? A. Yes—Ithink the prisoner has been married to her about two years—she had carried on the business nine or ten years—the coloured fires were the only things manufactured in Westminster-road—they are not explosive—they would go with an explosion, but not very great, not like gunpowder—they do not explode in any way go as to cause danger—the matter that explodes is the potash in ramming—there is no danger in the manufacture of these fires if proper care is used—I have been engaged in the manufacture of these things all my life—that business was conducted carefully and properly as for as I am aware of—the composition which makes the serpents which the boys made, will not go off except by communication with fire—the place where the rockets for the gardens were deposited before they were taken to the gardens, was in the back room on the ground floor, where there was no fire; there was another firework maker's directly opposite—the prisoner's wife was not killed; she has died since.
MR. PEARCE. Q. Was there a fireplace in the front kitchen? A. Yes; and Madame Coton was in the front kitchen at the time—I was there in the morniug—I observed a fire in there—that was where all their meals were cooked, where the cooking for the house was carried on—the coloured fires
were made in the back kitchen—I never saw anything stored in the front kitchen.
JOHN WATSON . I was in the employ of Madame Coton—at the time of the explosion in Westminster-road I was down-stairs in the middle room down at the bottom—my mistress was with me, no one else—there was one other boy in what is called the tin shop. The first thing I saw was a blue fire alight in the back room down-stairs—I was coating the cases at the time—I fill the little cases sometimes; not the big ones—I fill them sometimes with blue fire, sometimes red fire—it was the same blue fire that I saw alight—the servant used to give me the blue fire out of the yard—when I saw the blue fire alight I ran out of the room.
Cross-examined. Q. In what room did you see the blue fire alight? A. In the back room down-stairs where the kitchen is—there are three rooms, the front room, the back kitchen, and the middle room—the front room is called the tin shop—I was employed to clay the cases—I used to fill them sometimes; not with gunpowder, but with the composition, blue and red fire—when I saw the fire I don't know what it was burning in, I only saw the blue light—there was no noise—I ran away directly, and ran out of the house.
WILLIAM BRAY . I am thirteen years old—I worked at Madame Coton's with the last boy—I was in the house when the explosion took place—I was in the middle room under ground—I had just come in—I went in at the side door from Charles-street and went down the stairs—I found Mrs. Bennett, and Watson, and my brother David, who is eleven years old—those boys and myself were employed there—I could see into the back kitchen from the room I was in—there was nobody in the back kitchen—the door of the back kitchen was open, and I could see that some of the red fire was alight—I called to my mistress, and I ran up-stairs—I could not open the door into Charles-street, and I ran through the middle-room and ran out—I did not hear anything before I got out—my hair got singed a bit and my jacket was burnt before I got out—the fire had got up the stairs—Madame Coton got out of the house after me—there was no bursting in the shop or any of the rooms that I could see—nothing fell upon me or struck me—I was employed there a month or five weeks—I did not see the prisoner often—Ihave seen him there—I have seen him in the morning when he came down to breakfast and when he went out—he had his breakfast in the middle room—he did not come into the room where I worked, only when he wanted to go out in the yard for anything—he had to go through my room then—I have been at work when he has passed through the room—Madame Coton gave me the work to do; nobody else—I went into the house from Charles-street—I had been to Mr. Hills, the printer's, in Westminster-road—my mistress had sent me there—I had not begun to work in the room—I was not employed in charging rockets—I was employed to make cases and do all manner of things—the cases were made of brown paper—when I made them they were taken to Sunter's and filled—I had been at work that day—I went about eight o'clock—it was near six o'clock in the evening when I went to Mr. Hills—I had not been employed the whole day—I had been making some stars; I can't say how many, it was on the table; I put it in a frame and cut it into square pieces—I cut the wet stuff into small pieces—it was put on a board and cut—it was wet stuff—I can't tell what colour it was when it was dry—I think it would go off if a light were put to it—it was cut in small square pieces, and they were laid on a board and put up in the yard to dry—Madame Coton took them from the board—I don't know where she took them to—I did not leave any of those pieces on the table when I
to Hill's—they were put on the board and taken away—I left about a dozen frames full—the frames are about the size of this Testament—I can't say how many pieces there were in a frame—I went to Mr. Gibson's shop, which was at the other corner of Charles-street—I saw smoke coming out of the windows at Madame Coton's—I did not see the front blown out.
COURT. Q. Was there any name outside your shop? A. Yes, Coton.
GEORGE HARRISON . I was employed at the house in the Westminster-road—theprisoner employed me and paid me—I was chiefly employed in the back room behind the front shop—I was sometimes at work in the front kitchen—I was in the house at the time of the fire—I was in the back room rolling cases—on the Saturday before the Monday on which this took place I saw Baynes in the house—I was in the room where he was, and Mrs. Bennett was there—she gave him directions to take some parcels up-stairs—they were four half-hundred tubs—I don't know whether he took them up, for Mrs. Bennett said there did not want two of us to do that, and I went in the back room—I don't know what was the contents of the tubs; I did not see any mark on them—Baynes was in the employ of Mr. Bennett at this time—he came in the house—he was not at work in the house, he was at work at Sunter's—there was no communication at the back between the house in Westminster-road and Sunter's—there is a shop at Sunter's—there is no name up—I have not seen the prisoner do anything to any fireworks since I have been there—I have seen him take them to a cart—I know nothing about the stock in the shop on the day of the explosion.
JAMES ANDERTON JONES . I live in Charles-street—I know Madame Coton's shop—from my back yard I could see the back of her premises—I was in my back yard on that day, and there was an explosion at the back—I ran into the front street to see what was the matter—I went to meet Madame Coton—in about a quarter of an hour after the first, there was another explosion took place, and there were fireworks flying about in all directions—the second explosion took place in the front, and it blew the roof off—I saw the explosion, and rockets were flying about in all directions. I saw another rocket fly through the window of a house on the opposite side, belonging to a man of the name of Gibson, and that place was on fire afterwards. There was a large ladder blown from the front of Madame Coton's into the middle of the street—the explosion which I witnessed in front was more severe than the one I witnessed behind—I can't say whether there were any fireworks at the back, but I speak to fireworks coming from the front—I only witnessed one heavy explosion.
HENRY GIBSON . On the evening of 12th July I was in the neighbourhood of my house—I was fetched home; I saw the house of Madame Coton full of smoke—I and my wife shut up my shop, and about a quarter of an hour afterwards I heard an explosion—it has made me deaf ever since.
JAMES CATTELL (Policeman, L 110). I was on duty on that Monday evening in Charles-street—I heard a report about 10 minutes past 6 o'clock—I went to the shop known as Madame Coton's—I saw a woman rush out of the next shop all on fire, and smoke was issuing from the back part of the house—a short time afterwards I heard another report, and the place blew up—the roof was blown off, and the shop-front was blown out—a great many fireworks came from the place—there was one continued report I should say at least 5 to 7 minutes—the fireworks went off in all directions—I saw the little girl Caroline Bridges—she was about fifty yards from Madame Coton's house, in the arms of Pike, another constable.
HENRY THOMAS WINSON (Policeman, L 124). I was not on duty on the evening of 12th July; I was merely passing—at a few minutes before six I saw smoke issuing from the side window of Madame Coton's—I ran to the station and gave information that Madame Coton's was on fire—I went back and found the last witness at the door—some time after that the explosion took place—I saw rockets and combustibles flying about—I saw one rocket go through Mr. Gibson's window over the doorway on the opposite side, and some time afterwards that house was on fire also—there were several reports—thefront of Madame Coton's was blown out—I saw the bricks fly about.
GEORGE PIKE (Policeman, L 95). I was on duty at the fire at Madame Coton's on the night of 12th July—I saw the child Caroline Bridges on the ground opposite Mr. Gibson's—I picked her up—she was all on fire—I gave her to Cattell—I afterwards saw that child at St. George's Hospital; she was dead—that was the child I picked up opposite the shop of Madame Coton.
COURT. Q. She was picked up on Gibson's side of Charles-street? A. Yes, she was on the pavement or footpath—she was on fire—I took her up two or three minutes after the explosion at Madame Coton's—Gibson's had not exploded at that time.
MR. PEARCE. Q. Had you seen the child before you picked her up? A. No—when the explosion took place I saw fireworks, and the house was blown into the road.
Cross-examined. Q. You were there when the fire first began? A. Yes, I was there perhaps 20 minutes before I picked up the child—I was there before there was any appearance of fire in the street—I should say the explosion took place about 10 minutes after there was an appearance of fire in the street—I knew there was something wrong in the house, and by looking inside the door I could see the fire, and in 10 minutes or a quarter of an hour afterwards there was an explosion—there was no fire at Gibson's when I took the child away.
JOHN BRIDGES . I live at 42, Little Duke-street, and am a wheeler—the deceased, Caroline Bridges, was my daughter—she had gone out that afternoon to fetch some children home—she was then in good health—I saw her the next morning—she had been seriously burnt, and afterwards died—the fireworks had blown her about a great deal, and burnt her—she died on the Wednesday.
MR. GIFFARD submitted that there was no case against the prisoner; he was not present at the time the accident occurred, and therefore did no act, and omitted no act, by which the death was caused—the trade might be unlawful—that was another question; but the point here was, whether it could he said that the death of the party killed, occurred through any act of his, he being absent at the time, he referred to a decision of Mr. Baron Alderson in Reg. v. Watson, Central Criminal Court Sessions Papers, Vol. 41, p. 45, which supported his argument. MR. JUSTICE WILLES (after consulting MR. JUSTICE WILLIAMS) was of opinion that the case must go to the jury.
NOT GUILTY .
MR. PEARCE conducted the Prosecution.
WILLIAM HOLLOWAY . I am an engineer in the fire brigade—I was at the fire in Westminster-road on Tuesday morning, 13th July—at the foot of the stairs in Mr. Gibson's I found a little girl, quite dead, and partly buried in
the rubbish—she was very much burnt—information was given to the police, and the coroner's beadle was sent for—she was taken to the work-house—Mr. Gibson was a firework maker's, like the other, and was at the other corner of Charles-street—I attended the inquest on the same child, and it was identified in my presence by its father—the distance between Mr. Gibson's and the prisoner's is about forty or fifty feet—I received information about 20 minutes past 6, and I arrived about five minutes afterwards—I did not see any fireworks go from Bennett's—I saw fireworks come out of the staircase window—that did not take place till after the explosion at Bennett's—I have every reason to believe the fire at Gibson's was caused by the fireworks from Bennett's—I had seen Gibson's just before; it was all safe—I did not see the fireworks go across—I have been in that neighbourhood—Idon't remember having been on those premises before.
MR. PEARCE. Q. Did you see fireworks go across in the direction of Gibson's? A. There were a great number of fireworks in all directions—a great quantity of brickwork and woodwork went into the road.
HANNAH WALSH . (The evidence given by this witness in the last case was read over.)—The drawing-room was on the first floor—I was with them about a month—the back room on the first floor was my bed-room; there was a fireplace, but no fire—the fire was in the front kitchen, and in no other part of the house—I was chiefly up-stairs—my mistress did the cooking.
COURT. Q. There was nothing done to conceal what was going on? A. No; all was open to any person who wanted to see—there was nothing to prevent the parish officers from seeing what business was carried on—I don't know whether Gibson had any other place of business.
MR. PEARCE. Q. Did you serve in the shop? A. No; Madame Coton sold things—the rolling the cases is done before the fire is put in them—in making squibs, the choke is tied with a thread; that is the boys' business—I was very seldom there—the prisoner carries on his business now at Peckham.
(The evidence given by William Bray, George Harrison, and James Anderton in the last case was read over.)
MR. PEARCE. Q. The two boys came over to your shop? A. I found them in my shop—I took them up-stairs, and dressed their hands and arms—Iand my wife had shut up my shop—Sarah Ann Vaughan Williams was sitting in the room—while I was there I heard an explosion—I left the room, leaving the boys and the girl in the room, and in two or three minutes afterwards I found my house on fire—I had not been down at the
door more than two or three minutes—I turned myself round; and found the place on fire—there is a staircase window to my house on the Charles-street side; that window was beaten in, frame and all—I did not see the little girl alive afterwards; the two boys escaped—I did not see any fireworks go through the window that was beaten in—there was no fire in my shop before this fire broke out.
VALENTINE VAUGHAN WILLIAMS . The deceased child, Sarah Ann Vaughan Williams, was my sister—she went with my father to Mr. Gibson's house—she went out healthy—I saw her on the following day under the ruins at the bottom of the stairs—she was dreadfully burnt—it was almost impossible to recognise her.
EDWARD VAUGHAN WILLIAMS . I live in Penton-row, Walworth-road—I and my child went to Mr. Gibson on the 12th July; I left her there alive and well—I have not seen her since—I formerly lived next door to Madam Coton—I was there at the time of the awful explosion on the 6th March, 1854.
MR. GIFFARD, for the prisoner, submitted that the Act of Parliament upon which the indictment was founded, applied only to fireworks made, and not to those making or preparing; he therefore contended that as the fire in question was caused by the material only, and not by a firework made and completed, the case did not come within the statute. MR. JUSTICE WILLES did not think it necessary to decide that point now; but he was of opinion that if the jury believed the fire at the defendant's premises caused the fire at Gibson's, by which the deceased was killed, the case was made out. MR. GIFFARD did not address the jury on the facts.
GUILTY .— Judgment reserved.
The defendant was released on bail to appear and receive Judgment when called upon.
Before Mr. Common Serjeant.
830. WILLIAM BROWN (30), FANNY DIGGORY (24), and SUSAN HOWDEN (27), were indicted for a robbery, with violence, on Edward Richard Banham, and stealing 1 handkerchief, 1 purse, and 1l. 18s. in money, to which
BROWN PLEADED GUILTY .— Confined Eighteen Months.
MR. LILLEY conducted the Prosecution.
EDWARD RICHARD BANHAM . I am a bricklayer—at the time of this robbery, I kept the Bricklayers' Arms in Manor-street, Chelsea—on the 13th July I was at the Admiral Keppel public-house, in Brompton-road; I arrived there from 1 to 2 o'clock in the day—I saw Diggory and Howden there—I had known Diggory for 2 years—I treated them, and in a few minutes Brown and a man named Cole introduced themselves to me—Brown asked me for a job, seeing me in the dress of a bricklayer; I said, "I think I have seen you before, but I have nothing for you to do"—I then observed Brown and Cole making motions to Diggory and Howden—the gestures pointed to me—inconsequence of that, I proposed to Diggory to take her a drive—it was to get away from the company—before I left, I paid for some liquor in presence of Diggory and Howden; in doing that, I produced my purse—I had 2 sovereigns in my porte monnaie—I did not change either of them at that house—I had some silver—I called a cab and got in with Diggory, and she said, "Allow my friend to accompany me"—Howden then got in, and she said, "Allow my friend (that was Lewis) to come in the cab with us; we shall then be four in the cab, a nice party"—she said he was a nice civil fellow—I assented to that, and we all got in and drove on to Battersea-bridge
—when I arrived, I saw Brown and Cole on the bridge—I discharged the cab, and I asked Brown and Cole why they were following me—Cole said, "I am not following you"—I then walked on with Diggory, Howden, and Lewis over the bridge, and we went into a beer-house—Brown and Cole followed us in—I did not stay there 5 minutes—I then went to the Prince Albert in the new park—Brown and Cole followed us there—I ordered a pot of porter and half-a-quartern of gin—I put down a half-crown to pay for it—I changed a sovereign, but I can't say where; it was on the Battersea side, I believe—when I put down the half-crown to pay for the liquor I ordered, the change was produced, and I believe Howden took it up, but I was out of the house round the corner—when I came back I demanded the money, and the landlord told me in presence of the prisoner who had got it—he said, "She has got it," pointing to Howden—I then demanded the 2s. from her—she would not give it up—she refused it for some time—Cole said to her, "Give it him, and we will have the d—d lot"—after some difficulty, Howden gave the change up to me. I think I remained in the Prince Albert a quarter of an hour—I still endeavoured to get out of their way—I slipped away and went into the park, endeavouring to get out of their company—before entering the park, I sat down on a seat facing the river opposite to the public-house—Cole came to me and asked me to drink—I told him I wanted nothing to do with his company, I would not drink with him—I went away into the park directly—I did not see whether any of the prisoners followed me—I proceeded on about 200 yards, and the first thing I saw was Cole in front of me—he prevented my walking on the path—I said, "What is it you want of me?"—I was about to force myself by; and while I was endeavouring to pass him, Brown came behind me and pinioned my arms, put his knee to my back and threw me on the ground—Cole fell on me directly—there was Brown on my chest, and Cole on my groin—Cole tore all the front of my trousers up, while Brown held my head and shoulders on the gravel—during the scuffle I had put my hand in my pocket to make sure of my porte monnaie and what little money I had, and I still grasped it in my left hand—while this was going on, I had an opportunity of seeing Diggory and Howden—they were so close to me, that I could not tell who touched me and who did not—while I had my purse in my grasp, Brown made use of the expression "D—n his eyes, he has got it in his fist"—Cole directly grasped my hand, while the other was ill-using me—Brown held on me with his knees, and Brown took my arm, and Cole took the money out of my hand—the two women were close to me, and I called to Diggory for assistance, as she was the only one I knew in all the company—she put her hand on my body, and during the time I believe she robbed me of my silk handkerchief—my handkerchief was gone—by pressing her hand upon me she assisted in holding me down—Howden was close to me; Lewis stood at a little distance—on a sudden they all left me, seeing the park constable running towards me—before the constable came up, I saw Diggory was concealing my handkerchief under her dress, and I said to her, "Give me that if I have lost my money"—she was standing close by, she did not run away—the park constable was running towards us—Howden said to her, "D—n him, give him his wipe"—the men had made their exit when they saw the constable—Brownand Cole ran up the park, and Lewis went back to the public-house—I ran what distance I could; but I was so much hurt, I could not run a great distance—the park constable never lost sight of Cole and Brown till he brought them back—the effects of the pressure I feel now in my
ribs and loins and in my groin, which I never expect to get rid of—when the constable brought Cole and Brown back, I gave Diggory and Howden in custody; I had not lost sight of them—I came back with the constable and the prisoners to the Prince Albert, and there I found Lewis and I gave him in custody—I had about 1l. 17s. or 1l. 18s. in my purse—Lewis made his escape during the journey to the station.
Cross-examined by MR. AUSTIN. Q. You are a bricklayer? A. Yes, and I have been a beer-shop keeper—it is not my habit to go out about 1 o'clock in the day—it would be impossible for me to tell you the first public-house I went to that day, because I was in London in the morning—I had been on business—I got to town about 9 o'clock in the morning—I had been perhaps in two or three public-houses before the one which I entered at 1 o'clock—it would be impossible to tell how many public-houses I went in; I should say about three—I went back to my own beer-shop after I left town—I did not drink anything there—I had 2d. worth of drink in one public-house before I saw the prisoners—when I went in the house at 1 o'clock, I went in with a friend, a painter, and there I saw the female prisoners—I had known Diggory for two years, we were on very good terms; I invited her to drink, and her friend had some portion—Brown and Cole introduced themselves to me—I told Brown that I thought I had seen him before—I think I did not treat him and Cole to drink—I was not there without drinking—the men pointed to each other, and pointed to their pockets—I saw them by the reflection of the glass—I went driving off with one of these women, because I did not like the company of the men, and their actions—I went away with the party that I was acquainted with—I have always seen her a decent person—I allowed Howden, and her friend with her, to get in the cab; when I got on Battersea-bridge I saw Brown and Cole—they followed on the back of the cab—I did not see them on the back of the cab, but I had it from themselves—when I discharged the cab, I went into another beer-shop and had something to drink there—I went from the beer-shop directly into the Prince Albert—I had 2d. worth of gin and cold water—this was about two hours after I went in the public-house at 1 o'clock—it was about 3 o'clock—I told the men I wished to get out of their company—I tried to get rid of those men—I asked the landlord of the Prince Albert to take my porte monnaie, because I thought they wanted to rob me—I got my 2s. back by perseverance—I was not obliged to send for a policeman to get it, or have any struggle or fight for it—when I was in the park, I was not sittting, I was walking away—the women joined me in the park when the men joined me—it had not taken me long to walk two hundred yards—I was lying on my back, I was very much bruised, and feel it very severely now at times.
MR. LILLEY. Q. How were you, as to liquor, when you went into the Admiral Keppel? A. The same as I am now—I was not drunk, I was sober; very capable of doing all the business I had to do—I had been in three public-houses before I went into the Admiral Keppel—the workmen in my trade hold their clubs at public-houses—I had to go into the public-houses in London on matters of business which I am carrying on now at the present time.
HENRY WARD . I am park-keeper of Battersea-park—on 13th July, I saw the last witness in the park about 4 o'clock in the afternoon—when I first saw him and the prisoners, they were, as I thought, larking in the park—Iwent towards them, and saw Brown, Diggory, Cole, and Lewis—as
soon as they saw me coming towards them, they made their escape—when I first saw the prosecutor he was on the ground on his back, Cole and Brown were on the top of him, and Diggory was on the top of him too—Howden and Lewis were between two and three yards away from him; they kept walking about and watching—as I approached, I saw Diggory throw this handkerchief towards the prosecutor—when I came up, Brown and Cole ran away—Lewis went back again to the public-house, and Howden went towards Diggory, who was just about the place where the prosecutor was knocked down—I went after Cole and Brown; I took Brown, and brought him back to the prosecutor—Cole ran on the suspension bridge and made his escape by a small boat—when I had taken Brown to the gate I came back, and the prosecutor, and Diggory, and Howden were almost down to the boat pier—the prosecutor was arguing with a constable about giving them in charge, and he would not take them because the prosecutor would not give him a satisfactory answer what it was for—I said, "I don't want the prosecutor to give you in charge, I will take you myself"—I took them to the gate—I then went to the Albert, and saw Lewis, and took him—theprosecutor was the worse for drink, but he knew what he was about—his trousers were torn; the pocket was torn down—he was very much hurt—I assisted in taking the prisoners to Wandsworth—Lewis made his escape on the road.
Cross-examined. Q. Where was Howden when you first saw her? A. About twenty yards off, taking no part in the robbery—the women made no attempt to run away—after I had taken the men to the gate, I saw the women and the prosecutor—he was wanting another constable to take them.
MR. LILLEY. Q. Though Howden and Lewis did nothing, did they walk up and down, apparently watching? A. Yes, Howden could see what was being done from where she stood—she and Lewis were looking about to see if any one was coming towards them.
THOMAS BOOKING (Policeman, V 23). On 14th July, I saw the female prisoners at the station at Wandsworth, and Howden said, "I know nothing about the prisoner Brown; I never saw the man before in my life; I know the man Cole; I had known him some time: he wanted me to pass off some bad momey, and I would not, and we have been bad friends ever since till the day we met at the Admiral Keppel, and we shook hands and made it up"—Diggory said, "I know nothing at all about the man Brown; I never saw the man before: we stopped at a beer-shop after we got out of the cab at Battersea-bridge; we went in and had a pint of stout; Mr. Banham gave me the silk handkerchief there, I never took it from him."
DIGGORY— GUILTY .
HOWDEN— GUILTY .
Confined Twelve Months.
Before Mr. Justice Willes.
PLEADED GUILTY .— Confined Six Months. He received an excellent character.
MR. DOYLE conducted the Prosecution.
sitting on the door-step of the house at which I live, and the prisoner came and sat down beside me, and put his arm round my waist—I told him to go away, that he must not do so, and he got up and stabbed me with some instrument in the back part of the arm; at the same time, saying, "Take that, you b—mare"—I felt the stab very little at the time—I gave information to the police—I was taken to a surgeon—the prisoner was very drunk.
Prisoner. Q. Where was I when I stabbed you? A. On the step of the door—there was no one with you but a female, and she called out to you, "Come on, Patsy Callaghan"—I saw the blade of the knife in your hand.
COURT. Q. Did he say why he did it? A. He told a female that he mistook me for another person—I was a perfect stranger to him.
THOMAS BENCOUGH (Policeman, M 82). On the night in question, the prosecutrix came to me, bleeding from the thick part of the arm—I took the prisoner into custody about half an hour afterwards—I told him he was charged with stabbing a girl in the arm—he said, "If she appears against me, I will cut her b—throat, if she lags me for it"—he had been drinking, but was not drunk.
THOMAS EVANS . I am a surgeon in High-street, Borough—the prosecutrix was brought to me—she had a penetrating wound in the upper part of the left arm—it was a slight wound, such as might have been inflicted with a small knife—I dressed it, and it was soon well.
GUILTY of unlawfully wounding. — Confined One Year.
ADJOURNED TO MONDAY, SEPTEMBER 20TH, 1858.