CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. ELEVENTH 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, September 20th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. SALOMONS; Mr. RECORDER; Mr. Ald WIRE; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the First Jury.
MR. COOPER conducted the Prosecution.
THOMAS HUBBLE (City policeman, 94). On the afternoon of 10th September, about 4 o'clock, I was in Fore-street, and saw the prisoner carrying this bale of goods on his shoulder—I asked what he had got carrying there—he said he hardly knew—I asked where he was going to take it—he hesitated for a moment, and said, "To Blackfriars-bridge:"—I said, "Where have you brought it from?"—he said, "I brought it out of Wood-street;"—I said, "Where in Wood-street?"—he said, "I do not know, some man gave it me there to carry"—I was not satisfied with his account and took him to the station, and found the bale contained this property—it is directed to Tweedale and Sons, Wood-street—I found these four memorandum books on the prisoner.
Cross-examined by MR. METCALFE. Q. Did he not tell you that he was going to take it to 15, Surrey-street, Blackfriars-bridge? A. No; he asked if I would go with him and he would show me where he was going to take it—I asked him where it was, but he did not know. I know Messrs. Tweedale's yard, it is an open yard in the day time—this was about 4 o'clock—he was walking by himself—he made no attempt to get away.
COURT. Q. Did you say at any time, that you could not go with him? A. I said, "Cannot you tell me where it is you are going to take it to?"—he said, "No, I do not know exactly."
WILLIAM LEONARD . I am porter to Jacob Tweedale and others, 56, Wood-street, flannel manufacturers. This truss produced by the officer, belongs to them, it was brought to our premises about half-past 2 o'clock, or from that to 3, on 10th September, by the South Eastern Railway Van—it was placed just inside the doors up the gateway—I saw it there about 3 o'clock, or a quarter past—I did not see the prisoner there at all—the goods are worth 4l. or 5l.
Cross-examined. Q. Do you not know that the prisoner gets his living by carrying things from the steam-boats? A. No, I know nothing of him whatever—I have men under me, but there was no one there at the time the bale was taken away—I had just gone next door, which is an empty house—the bale could not be seen from the Street, because I put it behind the door; any one coming up the yard, would have to walk right in before they could see it—people coming to make inquiries, would go to the front entrance, and not come up the yard; sometimes they may come that way; there is only one porter employed there besides myself.
MR. COOPER. Q. The yard is by the side of the front entrance, is it not? A. yes.
GUILTY .— Confined Nine Months.
MR. METCALFE conducted the Prosecution.
THOMAS PATRICK CLOHISEY . I am a traveller, and live at 7, Worship-street, Finsbury. About half-past eleven o'clock on 2d September, I was in Bishopsgate-street, and saw the prisoner there—I was returning home; I called at a public-house at the corner of Acorn-street to have a glass of ale—whilst there I noticed the prisoner standing in front of the bar, and another woman near to her; they went out, and when I had finished my ale I walked outside, and the prisoner and the other woman were standing outside—they asked me if I would treat them; I said "No," as I was going home—the other woman pushed me, and immediately she did so the prisoner put her hand in my pocket—I felt her hand come out of my pocket, and immediately seized hold of her, and found the purse in her hand; I called out "Police"—I had seen one on the other side; he crossed over; previous to his coming over, about 7 or 8 persons surrounded me; the prisoner caught hold of my whiskers, I gave her in charge—I had some loose silver in my pocket, perhaps to the amount of 14s. or 20s.; the purse contained 2 half-crowns and 1s. which was my own, the other belonged to my employers—I took the purse from her hand, and gave it to the officer—this (produced) is the purse.
Cross-examined by MR. RIBTON. Q. Was it not from the other woman's hand you took it? A. No, from this woman's—it was not the other woman that put her hand in my pocket; the prisoner was in the act of handing it to the other woman, when I caught hold of her hand—I said so before the Lord Mayor. I am a commercial traveller, I travel in London and suburbs, about 8 or 10 miles out of London—I travel for James Bates, of Norton Folgate, tobacco and cigar manufacturer—I have been travelling for him for some time; I had been so that day—I went into the public-house to have a glass of ale—there was no one else there, in the apartment I went into—I first saw the two women standing in front of the bar—there
was not one word between us in front of the bar—I will swear that I said nothing whatever to them—immediately I went outside the door, they were standing outside the door, and they asked me if I would treat them; I said "No," I wanted to go home; that was the first time that any conversation took place between us—I had not taken my purse out while I was inside the house—I had some loose silver in my pocket, and there was no occasion to take my purse out—I sometimes mix my own money and my employer's money together; I very often have to give change—it was my own money in the purse; that in my pocket was perhaps some my own, and some my employer's—I generally do carry my own money in my purse, but I have to give change perhaps 20 times a day, and if I have not change of my employer's, I take it out of my purse—I dare say plenty around us saw the purse in this woman's hand—I don't know whether any of them are here; when the policeman came they all ran away—I heard her say at the station-house that she never had my purse—I think the first time I heard her deny it, was at the station-house; I am not quite sure; perhaps she might have told the policeman, I did not hear anything about that—I will swear that she did not say so the moment t the policeman came up, in my hearing—there were perhaps 6 or 7 people got round me immediately—I don't know what became of the other woman; she went away, I suppose, when she saw the policeman, as the others did—I had been in about 3 public-houses from about 6 o'clock, and had a glass of ale in each of them—I will swear I had not been in more than three—I cannot swear how many I bad been into in the day, because my customers are in public-houses, and I have a number of public-houses to go into; but I have no occasion to drink in all; sometimes I go to as many as 30 public-houses a day—I will swear I had not been in 30 public-houses that day—I might have been in ten—I don't believe I was in fifteen—I can't say how many I had been drinking in—perhaps I might have had something else besides ale that day; I cannot distinctly say; all I know is, I was quite sober at the time the purse was taken—there were 2 half-crowns in the purse—I put them in some time during the day or evening, and left the other loose in my pocket—some of it was my employer's, I cannot undertake to swear it was all my employer's—I always keep my own money in my purse, unless I require it for change—I did not see the prisoner searched; I believe she handed the policeman the money immediately she went inside, from what I have heard—the other woman must have gone away, or I should have charged her.
MR. METCALFE. Q. Are you quite certain this is the woman that had your purse? A. Quite; I held her hand till the policeman came up, and never let her go.
COURT. Q. Had she the purse in her hand from the time you took hold of her hand? A. Yes.
JOHN SHEPHERD (City Policeman, 623). On 2nd September about half-past 11, I was in Bishopsgate-street—I saw a crowd collected—I went up and saw the prisoner and prosecutor struggling together; she had got the prosecutor by the whiskers holding him, and he had got her by the arm; I asked what was the matter, he said she had robbed him—I asked him how, in what way; he said she took it out of his pocket, and he seized the purse in her hand, and he took the purse from her hand—he had the purse in his hand when I came up, which he had taken from her—he handed the purse to me—she said that she had not taken the purse—I took her into custody—she had nothing in her hand—she put her hand in his pocket
and took out 4s. 10d., which she said was her own money—she gave a false address—she gave her name Elizabeth Smith, 40 Duke-street, Spitalfields—I went there.
Cross-examined. Q. How long have you been in the police? A. Four years and a-half—I did not know that I had no right to say that she had given a false address—she said whilst close to the prosecutor that she had not taken his purse—I don't know whether he heard her—that was not at the same time she put her hand in his pocket, saying what money she had—that was at the station—he said he had put some money in the purse, what, he did not know, but he felt certain some money had been extracted from the purse—he said that she had seen him put about 1l. worth of silver into the purse, and at the station she pulled the money out—she said she had not taken the purse, several times—she said so on being given into custody, and going to the station, and at the station—the prosecutor was close to me—the other person had gone away—when I came up the purse was in the prosecutor's hand—there were two half-crowns and a penny; there is now 4s. 10d. in the other side of it—that is the money she took out of her pocket.
COURT. Q. What state was the prosecutor in? A. He might have been drinking—he was sober—he knew what he was doing—I could see that he had been slightly drinking.
GUILTY .*— Confined Six Months.
HENRY HALL KNIGHT . I am clerk to a merchant at 46 East-cheap. On Saturday last, September 18th, about 8 o'clock I was in Little Tower-street, looking into a print shop—a lad told me my chain was banging down—I observed that my watch was gone—in consequence of something said to me I ran down St. Mary-at-Hill—I saw the prisoner running down the hill; I pursued—I came up to him just as he got to the bottom of the hill—I was close behind him when he dropped the watch—I picked it up, and caught him almost immediately—it was my watch—I am sure the prisoner is the person that dropped it. I did not lose sight of him—I caught him within a few yards of where he dropped it.
Prisoner. I did not have his watch at all; he caught hold of me opposite the Custom House. Witness. No, it was a very few yards from where I picked up the watch.
ANTHONY WILSON MONGER (City policeman 564). On Saturday last I saw the prisoner running down St. Mary-at-Hill, followed by the last witness—I saw him just before he got to the bottom of the hill—I did not see him pick up the watch—I saw the prosecutor catch him and deliver him up to me—I asked the prisoner his address at the station, and he said it was 14, Devonshire-street, Commercial-road—he afterwards told me it was no use going there, for I should hear nothing of him, for he had been out in the country—I was coming out of Billingsgate Market and saw him jump from the kerb into the road, and the gentleman caught hold of him.
Prisoner. I am not guilty of the charge against me.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Four Years' Penal Servitude .
MR. ROBINSON, for the Prosecution, stated that the prisoner's defalcation amounted to nearly 700l
NEW COURT.—Monday, September 20th, 1858.
PRESENT—Mr. Ald. SALOMONS; Mr. Ald. WIRE; and Mr. COMMON
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY .**— Six Years' Penal Servitude .
PLEADED GUILTY .—The prisoner received a good character.
Recommended to mercy by the Prosecutor.— Confined Three Months.
PLEADED GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
ROBERT SMITH . I reside in Back Church-lane, Whitechapel. On 11th August, I went into Petticoat-lane to sell a bag of clothes—I was not able to sell them—I then went into a public-house in Houndsditch to get something—I had not seen the prisoner then, but he came in with two others—they talked about knocking up a game of skittles; and they said to me, "Countryman, you may as well go and see it fair"—they took me to another public-house—I went into the skittle-ground attached to it, with my bag of clothes with me—there were one or two games played—I am not able to say how much I drank, but it was not much—we had three pints, perhaps I might have had a pint—I afterwards felt quite stupid, I don't know that it was the drink made me so—I missed my clothes, and inquired about them—I could not find them—I walked away to go home, and the prisoner came behind me, put his arm round me, and took from my waistcoat pocket a silver watch—I had a coat on then, not a smock—my watch had a metal guard, which went round my neck—he broke the chain when he took the watch—I did not see him again till he was in custody—the value of the clothes was about 2l., and the watch 30s.—I am confident the prisoner was one of the persons, and he was the one who took my watch—I never saw him again till about a fortnight afterwards—I then saw him in Bishopsgate Station—he was alone—the officer was with him—I am sure he is the person.
Prisoner. Q. Did you not say that you had had part of two quarterns
of gin before? A. Yes I had—I don't know the sign of the public-house—I know the house perfectly well—I was not in the house 10 minutes before you came—When I left that house I went to some house in Bishopsgate-street—We had nothing till after we played at skittles—I might be there 2 hours, I do not know rightly—we had played 2 games before I lost my bundle—when I lost it I did not make any complaint—I did not say I was not in my senses when I lost my watch, I said I was stupid—I gave information about this robbery the next morning—I said before the Lord Mayor that the man that took my watch had a brown coat.
MR. COOPER. Q. When he took your watch, was he before you or behind you? A. Behind me—I turned round and looked after him, but he ran away—I am confident he is the man—I might be 2 hours and a half in his company.
GEORGE WATKINS (City Policeman). From information I received, I went in search of the prisoner—the prosecutor described him to me on the day after the robbery; and I found the prisoner on 25th August—I had been looking for him during that fortnight—When he saw me, he turned round and ran away into the Catharine-wheel public house—I followed him, and took him. I told him the charge, and he said "Not me"—I found on him some thimbles and some peas.
Prisoner. Q. Could I not have run another way and got out into the street? A. Yes, you could—I said I wanted you for robbing a gentleman, and you said "It was not me."
Prisoner's Defence. He says the man had a brown coat on—I never wore any but this black one, that I have on now—I never saw the witness till he came and said I robbed him—I know no public house in Houndsditch. I am innocent.
Jury, to ROBERT SMITH. Q. What time was this? A. Between 4 and 5 o'clock in the afternoon—I was robbed in the passage perhaps about 20 yards from the public house.
GUILTY .*— Confined Six Months.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Four Months.
MR. METCALFE conducted the Prosecution.
WILLIAM BURCHELL . I live at Paddington—I know the prisoner—I was present in 1846, when he was married to Sarah Wheeler—I left them at the Church door—I saw her 2 or 3 times afterwards—I saw her on the Sunday afterwards, with a soldier—I saw her last Thursday fortnight at Wandsworth.
Prisoner. Q. Did you tell her to come home to me? A. Yes, when I saw her with a soldier on the Sunday afterwards, I said "You had better go home to John"—I have seen her in the Birdcage walk, and other places.
MARY BURCHELL . I am the aunt of Sarah Curle's father, she was married to the prisoner—I lent her my ring to be married in—I saw her afterwards—she said she did not like the man, and she would not live with him—she gave me back the ring—I have not seen her since, till I saw her at Wandsworth—the prisoner was at that time in the Coldstream Guards.
SUSAN GRACE SPARKS . I live at Wandsworth—I married the prisoner on 12th July, 1847, at St. John's Church, Paddington—he did not tell me he had been married before—I did not know that till a few weeks ago—I went before the magistrate very shortly afterwards—I had some property when I was married, and that was settled upon me after the marriage by the prisoner—I lived with him from the time we were married, till this was found out.
JOSEPH SMITH (Policeman, V. 51). I took the prisoner, and I produce the 2 certificates of marriages, the one from Paddington Church, the other from St. John's, Notting-Hill—I told the prisoner I took him for marrying his former wife—he said he was married to Sarah Wheeler 12 years ago, and 3 weeks after he saw her in bed with another sweetheart, and he never saw her afterwards till she was in custody—Sarah Wheeler became chargeable to the parish.
GUILTY .— Confined One Day .
MARY BURCHELL . I know the prisoner—she was married to John Curle about 12 years ago—I know it was in cold weather—I was present; it was at St. Mary's, Paddington—she never lived with him at all after the marriage—she said she did not like him, and would not live with him—she said she only did it to blind her father and mother, and she would not live with him.
CHARLES THOMAS FARMER . I live in Tothill-street—I was married to the prisoner in 1854 in the name of Sarah Wheeler, at St. Mary's Church, Lambeth—I did not know that she was a married woman—she lived with me ever since till May last—she represented herself as a single woman.
Prisoner's Defence. My lord, I beg most respectfully to lay before you a short and correct statement of the occurrence with which I am charged, which I find was not quite correctly brought before the police-court. It was there said that I abandoned my husband at the church-door, immediately after the marriage; whereas we both, with our friends, went to Mrs. Burchell's, where we lunched, and spent the rest of the day at the British Museum. We then returned to Mrs. Burchell's, where he remained till 11 o'clock at night, when he left and went home to the barracks. I remained at Mrs. Burchell's till she found a situation for me at No. 16, Upper Baker-street, Regent's-park, where I lived some months, my husband coming occasionally to see me on a Sunday evening, unknown to my master, until being seen one Sunday, I was questioned about him, and on their inquiring about him at Mrs. Burchell's, she told them he was my husband, and I received notice to leave, when my husband took me to some friends of his at Westminster, where he left me, and did not come near me until I met him in the Edgeware-road, when he beat me in Mrs. Burchell's presence, and sent me home to my mother's in the country. There I remained some time without trying to have further communication with my husband. I heard by chance that he had his discharge, and some months after that he was dead. Eight years after this, having heard nothing whatever of my husband,
I married Charles Thomas Farmer, with whom I have lived 4 years. I had some disagreement with him, on which account we parted, and I, in a moment of insanity, I suppose, attempted to drown myself; but being rescued and taken to the workhouse, and asked to give an account of myself, I, of course, thinking my first husband was dead, mentioned my first marriage as well as my second, which led to inquiry, and it was discovered that I had been misinformed, and that my first husband was still living.
COURT to MARY BURCHELL. Q. Did you continue to know the prisoner up to 1854? A. No; I never saw her after about 3 weeks after she was married—I do not know whether she saw her husband—I never saw her till I saw her at Wandsworth.
COURT to CHARLES THOMAS FARMER. Q. Did you know John Curle at all? A. No; I never heard of him; when I first knew the prisoner she was living at Westminster.
COURT to SUSAN GRACE SPARKS. Q. Did you ever see the prisoner? A. Never till at the police-court—I bought my husband out of the army a few months after our marriage—when I married him he was stationed at Wellington Barracks—we went and lived at Deptford; then we went to live at Paddington; and we went into Dorsetshire.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
RACHEL HAYNES . I live at Hillingdon—on Tuesday night, 17th August, I was at a beer shop called the Cricketer's Arms—Mrs. Bradley was at the bar when I went in—Henry Bradley came in afterwards—their daughter Louisa Bradley was there—they were having ale there; Mrs. Bradley said to me, "Will you stand a pint?" I said, "I have no money;" she said that I was scaley—I asked Mrs. Bray to lend me 3d. to pay for a pint; she gave me 3d.—I called for a pint of ale and gave the 3d. and paid for it—Mrs. Bradley poured it in the glasses—they drank it—she said I must stand another pint—I said I had no more money—I went in the tap-room and Mrs. Bradley came and sat down by my side—Mr. Bradley came in and sat down, and he fetched Louisa Bradley out, and he hit his daughter, and Mrs. Bradley said, "I will give you one!" and she hit her, and then they all came round, and I pulled Henry Bradley off of Martha Bray—and then Mrs. Bradley stabbed me in the arm—I saw something shining in her hand; she stabbed me nine times—there was blood came from my arm, and my arm dropped by my side—a man pulled me away, and I saw a policeman behind me—Mrs. Bradley gave Mr. Bradley something in his hand.
Cross-examined by MR. LANGFORD. Q. Was there a great row? A. No; I was cut in my arm—I felt rather hurt—I did not say or do anything to Mrs. Bradley—Mrs. Bray said nothing—I was good friends with the prisoner—she is the mother of a family—I never was bad friends with her.
MARTHA BRAY . I was in the Cricketer's beer-shop about 9 o'clock on Tuesday, 17th August; the last witness was there, and the prisoner and several others—I saw Mrs. Bradley hit her daughter several times—I said, "Mrs. Bradley, don't hit her like that;" she turned round and said, "You b—r, I will hit you," and she struck me on the side of my eye—she held her hand up to hit me again—I put my hand up to ward off the blow, and we had a scuffle, and my son called me away and said, "Come out, mother,
they have got a knife"—I did not see the knife—I saw Haynes' arm bleeding—it was stabbed in 8 or 9 places; I helped to bind it up—I never saw the knife—I did not see the blows struck—I saw Henry Bradley go out and come in again—during this stabbing he was close to his wife.
Cross-examined. Q. Did Mrs. Bradley begin to hit her daughter, and did you interfere? A. Yes, there was a struggle between me and Mrs. Bradley—that is all I know—Mrs. Bradley was not tipsy that I know of—I did not have any ale—there were several persons, both men and women, in the tap-room—I have known Mrs. Bradley for years—we never quarrelled—I did not see the blows struck.
JOSEPH KEATON (Policeman, T 207). On Tuesday night, 17th August, at 25 minutes to 11 o'clock I heard a row in this beer-shop—I went in and saw Rachel Haynes bleeding from the arm—I saw Bradley and his wife sitting in the corner of the tap-room—Haynes showed me her arm—she was bleeding from it—there was blood on the tap-room floor—I know Mrs. Williams, the landlady—she called me in and handed me this knife; it was wet with blood—I saw wounds on Haynes' arms, and a cut between the fingers.
Cross-examined. Q. How was the room lighted? A. There was one tallow candle—I did not see whether the Bradleys were cut at all—I saw the husband was bleeding at the nose—he had been fighting or something.
JAMES STILWELL . I am a surgeon—Rachel Haynes was brought to my surgery on the following morning—I found several punctured wounds on her arm—they were not bleeding at that time—they might have been inflicted with this knife.
Cross-examined. Q. Were they very superficial? A. They were so superficial that I did not think it necessary to put any dressing to them.
GUILTY of unlawfully wounding .—Recommended to mercy.— Confined One Month .
OLD COURT.—Tuesday, September 21st, 1858.
PRESENT—Mr. RECORDER; Mr. Ald. MECHI; Mr. Ald. PHILLIPS.
Before Mr. Recorder and the Second Jury.
MR. COOPER conducted the Prosecution.
FREDERICK RANDALL . I am a merchant's clerk, and live in Botolph-lane—on 11th Sept., about 3 in the afternoon, I was in Thames-street—there was a great crowd, and I was trying to make my way through, but the prisoner, who was in front of me, obstructed me—I stepped back a pace or two, he did the same, and I immediately missed my watch, which had been on a chain round my neck—I found the chain hanging down—I walked across the street after the prisoner about four yards, laid hold of him by the collar, and charged him with stealing my watch—he said "Your watch," and immediately got up a scuffle, tried to get back into the crowd, and dragged me with him—when he got me on the pavement he suddenly stopped—I heard something fall, and saw my watch on the pavement—I seized it—the ring was then broken—this (produced) is it; it is worth 6l.—I am sure the prisoner is the man.
Cross-examined by MR. PHILIPPS. Q. Was there a great deal of pushing? A. No, the people were all still; they were looking at a horse which was
down—I did not state at the station, that I had some doubt of the prisoner being the man.
Prisoner. Q. Did not you say at the station, that it was not me that took your watch, but another man? A. No, I coupled you with another man—I have no doubt of your being the man who had the watch, but do not know who took it—there was another man by your side when I stepped back—I do not know what became of him—there were a few persons near when the watch fell, but I have not the least doubt it fell from you.
THOMAS MARSHALL . I am a constable of the Custom House—on Saturday afternoon, 11th September, I saw a crowd at the bottom of Botolph-lane, and saw Randall and the prisoner struggling on the pavement—I took the prisoner, and Randall charged him—I gave him to a policeman.
ANTHONY WILSON MONGER (Policeman). The prisoner was given in my charge by Marshall—I searched him, and found on him 1l. 11s. 7 3/4 d. and 8 duplicates—he refused to give his address at the station; he said at the Mansion House that he lived at a coffee-shop opposite Shoreditch Church.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
MORRIS PLEADED GUILTY .†
ROACH PLEADED GUILTY .*
Confined Six Months each .
FREDERICK STRETCH . On 24th August, about half-past 10 o'clock at night, I was coming down Munster-street, and stopped at Clarence-gardens to tie my shoe, and the prisoner and two others came up—the prisoner shoved me up against the railings, and took my watch from my waistcoat-pocket—a pocket-handkerchief was put over my face, which took away my senses, and I do not know what happened afterwards—I saw the prisoner again next morning, coming to the police-court with other persons and policemen, and pointed him out.
Prisoner. Q. Had you been drinking? A. We had had a pot of stout between four of us—I was locked up for being drunk, but the doctor gave me an emetic, which brought me to, and I was quite right before the handkerchief was put over my face.
SAMUEL WINKLES (Policeman). I was on duty, and saw a female running after the prisoner, who was running—I ran after him, and he was stopped in Mary-street—he ran away again into Charles-street, Hampstead-road—he was there stopped, and I heard others say, "Mix up with us, Jack; change your coat"—he said, "No; there is no copper here;" that means a policeman—I was in plain clothes—I said, "Yes, there is;" and took him, and brought him back, and the female said that she saw him go up with two others against the fence and do something—she is too near her confinement to be here.
SAMUEL HUTCHINGS . I live at 21, Hurley-street—I was in the neighbourhood of Munster-street, and saw the prosecutor—the prisoner and two others followed him, and the prisoner pushed him against the railings in Clarence-gardens.
Prisoner's Defence. I was talking to my mother, and heard a cry of "Stop thief"—I saw a man taken in custody—he ran away, and then I was taken.
GUILTY .†— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
JOHN SHERRINGHAM . I am shopman to James Butcher, of 81, Long-lane—on 2d September the prisoners came into the shop about 4 o'clock—Leather asked me to show them some shawls out of the window—I showed them some—they said they did not suit, and asked to see some more—I told them that I had no more of the same quality—Roe then pointed to a parcel behind the counter, and said, "Let us look at those," and she went round the counter—I said I would show them the shawls—she said she thought she would save me the trouble—I then showed them the shawls, and I counted 7 in the parcel—Roe then asked me to show her another shawl out of the window—I went to the window for that purpose—before doing so I placed the 7 shawls on the counter, near the edge where the customers stand—when I brought the shawl from the window, Roe said, "Will you hold one corner while I see the size"—she laid hold of one corner and I held the other—I was near the window, and she at the other end—the shawl almost hid those that were on the counter—while I was holding it I saw the shawls on the counter move—Roe then said that the shawls would not suit, that the colours were too gay, and her mistress would not like them—she said that she had been told that Mr. Butcher kept such a nice assortment of shawls, and they were recommended there—I told them they were not such a good assortment as we generally had got, because we were taking stock—she asked if we would send some up tomorrow at the Victoria Hotel, opposite the post-office—I said I would speak to Mr. Butcher about it, and if I did it would be about 4 o'clock—she said I should see a lot of servants there, but I was to go down stairs and ask for Ann—they then left the shop together—as soon as they were gone I counted the shawls that were on the counter, and missed one—I directly went after the prisoners—I secured Roe; another witness took Leather—a person named Shreeve gave me this shawl—the witness Morgan had given it to him.
Cross-examined by MR. METCALFE. Q. How long were the prisoners in the shop altogether? A. I should think about 10 minutes—no one was serving but myself—there was no one in the shop but the prisoners and me—my master was out of town—no one had been in the shop since 10 o'clock that morning—this occurred about 4 in the afternoon—I counted the
shawls when I took them from the parcel—they were tied up in paper—I took them out one by one, and counted them in that way—it was Roe that held the shawl while I measured it—I was on one side of the counter, and they on the other—Leather was behind the shawl as I held it up, so that I could not see her—she was sitting on the other side of Roe—I got the shawl back in about 5 minutes—I received it from Shreeve in Cloth-fair—I found Roe in one of the courts near, I think it is called Back-court, and I chased her till we got to Cloth-fair—when I first saw them, they had only got a few yards from the shop—I did not see the shawl dropped.
MR. COOPER. Q. You say you chased her, did she run? A. Yes; when I came up to them, they both ran.
Cross-examined. Q. Did you see them come out of the door? A. Yes; it might be a minute or two afterwards that I followed them—they were still in sight—the last witness cried "Stop thief—I did not see Roe taken—I followed Leather—she came towards Aldersgate-street.
WILLIAM MORGAN . I saw the prisoners on this day, and in Back-court I saw Roe drop this shawl—she was running away from Sherringham, and he was after her calling "Stop thief"—she dropped it apparently from her side—a person named Towzer picked it up, and hung it on a door—I took it off the door and gave it to a little boy named Shreeve—this is the shawl (produced).
Cross-examined. Q. Was there anybody near Roe at the time it was dropped? A. No, only me and Mrs. Towzer—she is not here, she lives in Cloth-fair—I am sure there was no one else about at the time.
JOHN SHERRINGHAM (re-examined). This is the shawl—I can swear to it—I don't see our mark on it—I know it by the pattern—they were all of different patterns, we get our shawls from Morrison's & Co. Fore-street—that is a very large establishment—we do not have them made for ourselves.
EDWARD JOSEPH DUDLEY (City policeman, 258). I took the prisoners into custody—the charge was stated to them by Sherringham in my presence—they said they knew nothing at all about it, and at the station they said they did not know each other—they refused to give their addresses.
GUILTY . (Leather was further charged with having been before convicted.)
JOHN LEWIS (City policeman, 262). I produce a certificate—(Read: "Central Criminal Court, Feb. 1857. Elizabeth Martin, convicted of larceny from the person. Confined Nine Months.")—Leather is the person there described as Elizabeth Martin, but she was sentenced to Twelve Months, not Nine—there is some mistake in the record—I am sure she is the same person.
LEATHER— GUILTY .**— Confined Two Years .
ROE— GUILTY .†— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
NEW COURT.—Tuesday, September 21st, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Four Years Penal Servitude .
PLEADED GUILTY .—MARTIN— Confined Nine Months.
UNDERWOOD PLEADED GUILTY .— Confined Nine Months.
COOPER PLEADED GUILTY .— Confined Six Months.
MR. ELLIS offered no evidence against PAYNE
— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BRANNAN . I was an inspector of the G division of police. On Friday, 3d September, I went with four other officers to 2, Crown-place, Crown-street, Soho, between 7 and 8 o'clock in the morning—I found the street-door open and I went up to the two-pair—Bryan and James Brannan were with me—I had left the other two officers outside—I forced the door open and the first thing I saw was three or four children in bed in the first room—another room led out of that where I saw the two prisoners in bed—I said, "Well Mr. Ferryman, I have come to pay you a visit;" he jumped out of bed, and I said, "I have come to take you in custody;" he said, "For what?" I said, "For having coining implements;" he said, "You wont find much; you may find enough to give me a stretch, but not much else"—I called up Elliott and Cook—Bryant and Bran Dan then took the two prisoners—I proceeded to the mantel-shelf, and under an image I found 6 counterfeit sixpences of the date of 1846, they were wrapped separately in paper—I found on the top of that image which was broken, another little packet, containing 4 counterfeit groats of the date of 1844, wrapped separately—I went to a shelf in the room, and in a little box I found a galvanic battery plate with the wire attached, which had evidently been dipped in solution—this jar was full of acid—in a tea-cup close by, I found a 3d. piece partly dissolved, and a cup containing a little fluid—I preserved a portion of the acid—in the box I found 2 files with white metal in their teeth—they apparently had been recently used—I found a canister containing plaster-of-paris in powder, this bottle which contains acid, and there were several other bottles—I noticed that the copper-wire had been
dipped—I could tell that the cup had been recently used—there was a little solution in it. I returned to the mantel-shelf and took up this book—Thomas Ferryman said, "Don't take that Mr. Brannan, that is our rent book"—I went to the cupboard and found some sand and several articles all necessary for coining—I found this pad which is for holding the mould when it is so hot that they can't hold it with their hands—these are articles used in manufacturing counterfeit coin.
COURT. Q. Had you known the prisoners before? A. I had; Hannah Ferryman passed as the male prisoner's wife.
BENJAMIN BRYANT . I am an inspector of the G division—on 3d September, I accompanied the last witness to 2, Crown-place, Crown-court—I went up stairs and entered the room on the second floor—Thomas Ferryman was getting out of bed when I went into the room—he asked me if I would allow him to dress himself, and I fetched him his clothes which were hanging behind the first room door—I searched them, and in the waistcoat pocket I found a counterfeit spade guinea—he said, "That is mine, take care of it"—he dressed himself, and I assisted in searching the room,—in the first room I found 3 counterfeit groats on the mantel-shelf under an image, they were wrapped up separately in paper—on the shelf I found a small tooth-brush, a galvanic battery wire, and a knife with plaster-of-paris adhering to it, a pair of large scissors, a small tin funnel, and a small iron ladle in a cupboard on the landing outside the door of the room—there was nothing in the ladle, but by the side of it I found this piece of white metal—there were several files, some rotten stone, and a piece of leather.
JAMES BRANNAN (Police-sergeant, G 21). I went on that day with my father and the last witness—I went into the room—I searched, and on the mantelpiece in the first room in different images I found a half-crown, 2 sixpences, and one fourpenny-piece—in this little boot which was on the top of the glass in the first room I found this good sixpence of the date 1846, and on the clock in the same room I found a good shilling, a good three-penny-piece, and 3d. in copper.
ARTHUR ELLIOTT (Policeman, G 104). I assisted the other officers in searching the room—I found in the first room 2 counterfeit fourpenny-pieces in a wine glass on the mantelpiece—they were wrapped up separately in a piece of paper—on the way to the station Thomas Ferryman said, "I hope they will let my wife go, I would rather serve seven years myself if they would do so, as I am guilty enough myself"—Hannah Ferryman said, "You know Tom that I never sold them;" he said, "No, you never did."
JOHN COOK (Policeman, S 108). I assisted on that occasion—I found 14 counterfeit sixpences in a cupboard in the outer room—they were wrapped up separately as they are now—I went to the station with the prisoners—the man said he hoped they would let his wife go; he was guilty enough himself, and he did not care if he got seven years transportation if she got off, for the sake of his family.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This good sixpence of the date 1846 has been used as a pattern for making moulds—I know that by the colour of it—it always has this colour afterwards, which is the effect of the plaster-of-paris—these 14 sixpences are all counterfeit of the date 1846 and from the same mould for which this pattern was used—these 10 fourpenny-pieces are of the date 1844, all counterfeit and from the same mould—this is a bad half-crown; it is struck; it is made of brass; it is partly coated, but partly worn off—this which
was called a spade guinea is a whist marker—this cup has been used to dissolve this threepenny-piece—there was acid in it—this wire has been used—here is everything to make counterfeit coin—this pad is used to keep the moulds together—this white metal is the same that is used to make the coin—these files have been used for filing metal—there is a great deal of metal in them—this is the metal on which the silver is to be placed to make the coin.
Thomas Ferryman's Defence. I had nothing at all to do with making them.
THOMAS FERRYMAN— GUILTY .— Eight Years' Penal Servitude .
HANNAH FERRYMAN— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY HUDSON (Policeman, H 78). I produce a certificate of conviction from Mr. Straight's office—(Read: "At Central Criminal Court, April 1858, Ellen White was convicted on her own confession of uttering counterfeit coin, and Confined Three Months")—I was present—the prisoner is the person.
MARY ANN MORGAN . I am the wife of Thomas Morgan, a greengrocer, 2, Old Gravel-lane, St. George's-in-the-East. On Tuesday, 10th August, the prisoner came to my shop between 1 and 2 o'clock—she asked for 3lbs. of potatoes; they came to 2d.—she offered me in payment a half-crown—I gave her two shillings and she was going out of the shop without taking the 4d.—I called her and said she ought to have 4d. more—she came back and I went out to see if the half-crown was good—it was not—I told her it was bad; she gave the two shillings back, and threw down the potatoes—she walked out of the shop.
Prisoner. You were not there at all. Witness. I was there—my wife gave me the half-crown in my hand, and said she got it from that party—the prisoner was going out of the shop—I followed her, and got up to her—I told her it was a bad half-crown, and I intended to give her in charge—she made use of very bad expressions; knocked me about the head, and broke my hat—I sent for a constable and gave her in charge—I gave the half-crown to the constable—I marked it; this is it—I can swear to it—I followed the prisoner half-an-hour or more than that I dare say before I got a policeman.
The deposition of George Atkins, Policeman, K 460, was read as follows:—"On Tuesday, the 10th instant, I received charge of the prisoner from Thomas Morgan who gave me this counterfeit half-crown, which I now produce—I asked the prisoner if she had passed the half-crown, she replied, I tried to pass it'—I asked if she had any more half-crowns like that—she said no, she knew better than to have any more about her—I asked her if she knew it was bad—she said yes, and if her chap had been with her, the witness would not have followed her about as he did—I took her back to Mr. Morgan's, and afterwards to the station—she was taken before the
magistrate at the Thames Police Court, and discharged on the 17th instant. Signed, George Atkins."
HONOR HART . I am a widow, and keep a greengrocer's shop in Kings-land-road. On Wednesday, 18th August, the prisoner came to my shop—she asked for 1d. worth of apples, and 2d. worth of pears—I was in the act of serving her, and she laid down a half-crown—I saw it was bad, and I told her so—she then had only the 1d. worth of apples, and she paid me a penny—I went round the counter to detain her—I told her if she would go quietly I would not do anything with her, but when she got to the door, she turned round and called me such names that I could not mention—she went out—I went after her; I met the officer and gave her in charge—I gave him the half-crown—I know the prisoner, she was at my shop the day before.
Prisoner. You are a liar, I wonder you don't fall down.
GUILTY .— Four Years Penal Servitude .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN WRIGHT (Police-sergeant, A 42). I produce a certificate from Mr. Straight's office, (Read: "Central Criminal Court, April 1856. Emma Cooper and Mary Lane were indicted for uttering counterfeit coin. Cooper, acquitted: Lane, guilty. Confined Three Months")—I was present—the prisoner is the person.
MARTHA ATWOOD . I am cook in the service of a gentleman in South-place, Camber well—I know Mr. Gardner's house in which Westlake lives—it is a few doors off. On 31st August, the prisoner came to the house where I live—she bought 2d. worth of bones—she gave me a half-crown, and I gave her change—the next morning I found the half-crown was bad—I marked it, and gave it to the officer on 7th September—I had kept it separate from other money all that while.
MARY ANN WESTLAKE . I am cook in the service of Mr. Gardner, who lives a few doors from where the last witness lives. On 31st August, Teague came to my place—she bought something of me which came to 2d., she gave me a half-crown—I gave her 2s. 4d. change—as soon as she was gone, I found the half-crown was bad—I went out, and saw the prisoner Lane on the other side—Teague was gone on a little higher up—she had passed Lane—I spoke to her—I had the half-crown in my hand—I afterwards saw the policeman who took them both in custody—I gave him the half-crown I had received from Teague.
GEORGE CARTER . I am a labouring man, and' live in Barnes Cottages, Camber well—on 31st August, I was standing at the corner of a turning near Mr. Gardner's house—I saw Lane there and Teague was inside the house—I saw her come out and she joined Lane, they walked together as far as the coach-stand—there Lane stopped back, and walked very gently, and Teague went on to 8, Springfield-terrace; Lane remained outside—I saw Teague come out and join Lane, and they walked up the grove together—I waited there till Westlake came out; I saw her go and speak to Lane—I heard her say, "I took a bad half-crown"—Lane said, "I am not the woman"—Westlake came away, and I said, "What is the matter?"—she told me she took a bad half-crown—Lane and Teague walked together
up to the top of the Grove—I said to Westlake, "Yon go this way, and I will go the other way, and see if I can see a policeman—I saw Phillips—I saw Lane and Teague going down Champion-hill—I said, "There they go;" and we went and Phillips took them.
WILLIAM PHILLIPS (Policeman, P 228). I took the two women in custody—I saw them on Champion-hill, walking towards London quite fast—I told them what I took them for—they both said, they had passed no bad money—I took them to the top of Camberwell-grove, where we met Westlake—she said to Teague, "You gave me a bad half-crown,"—Teague said, "If I did, I did not know it." Westlake gave me this half-crown, and Atwood gave me this other—Lane and Teague were taken to the Station—Teague gave the name of Mary Ann Griffin, Pye-street, Westminster—there was nothing else known against them, and they were discharged.
SARAH CLARK . I am cook to a gentleman in Stratford-place, Oxford-street—on Friday, 3d September, Lane came about 11 o'clock in the morning to the area, and I sold her 3d. worth of bones—she gave me in payment a half-crown; I gave her 2s. 3d. change, and she went away—I saw Horsford in about 5 minutes afterwards—I then looked at the half-crown which I had kept in my purse—there was no other half-crown there—I found it was bad—I marked it, and gave it to Horsford—this is it.
WILLIAM HORSFORD . I am a constable of the Mendicity Society—on Friday, 3d September, I was with Mr. Fryer, about 11 o'clock in the forenoon—I saw Lane and Teague, in New Bond-street; they were together—I watched them from about 11 o'clock, till I took them in custody, about 3 o'clock in the afternoon—I saw Lane go to Sarah Clark, Teague was sitting on a step on the other side—Lane went down the area at 16—Lane came up, and Teague went down to Oxford-street with her—I went and spoke to Clark—I then followed Lane and Teague till about 3 o'clock in the afternoon—I then took them at the bottom of St. James'-street, Piccadilly—I took Lane, and charged her with going about, uttering counterfeit half-crowns—I took her to the station; I asked her if she had any good money, she took out this purse with 2 good shillings and a 3d. bit in it, and 6 1/2 d. in coppers.
JAMES FRYER . On 3d September, I watched Lane and Teague—when Lane came out of 16, Stratford-place, she joined Teague—the last witness afterwards took Lane, and I took Teague; I told her I took her for being in company with Lane passing bad money—I saw Teague pass her hand with a piece of paper in it, towards a basket which she bad—I took the paper and found in it, this counterfeit half-crown; she was afterwards searched—she had 6 1/2 d. in coppers.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
The evidence given in the last case was read over.
LANE— GUILTY .— Confined Two Years .
TEAGUE— GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JOSEPH SHORTER . I keep a general shop at Edmonton—on Friday, 13th August, Rich came to my shop—my wife served him a pennyworth of plums—he put down a shilling; I took it up and bit it—I found it was bad—I threw it on the counter, and told him to take it up, it was bad—he took a purse out of his pocket containing some more silver, and paid for the plums—I should know the shilling again, this is it (produced).
Rich. I never went into the shop.
Witness. I am sure he is the person—I described him to the officer.
ELIZABETH SHORTER . I am the wife of the last witness—I served Rich on 13th of August with a pennyworth of plums—he threw a shilling on the counter—my husband took it up; he told him it was bad. and Rich paid with a good shilling—I am sure he is the person—I should know the shilling again; this is it.
FREDERICK WARBOYS (Policeman N 290). I was fetched by Joseph Shorter—I followed Rich about a mile to Snell's-park, and there Neale came up to him—they spoke together; I could not hear what they said—they then parted, Rich went back towards the way that he came, and Neale went towards Tottenham—I took Neale in custody, and found in his waistcoat pocket these 4 counterfeit shillings—the shilling which I just now produced to Mr. and Mrs. Shorter, was among them—Neale pointed to Rich and said, "There goes my father"—Rich was then about 50 yards distant—I ran and took him—when I searched Neale, I found 8s. 111/2 d. in good money, and this tobacco box—Rich was close by him, and he saw me take this tobacco box from Neale—I then searched Rich; I found on him 8s. 6d. in good money, a porte-monnaie. and a silver watch—he afterwards asked me for some tobacco—I said he had none—he said "There is some in the tobacco box"—there was some tobacco in the box I had taken—Rich denied Neale being his boy—he said he knew nothing about him—Neale said in the station that Rich was his father.
Rich. I took the box out of my waistcoat-pocket myself. Witness. I searched both the prisoners; I took the box from the boy Neale.
Rich's statement before the Magistrate was here read at follows:—I have nothing to say, except that I have no knowledge of the boy, the other prisoner.
Neale says:—I did not point him out to the constable—I did not say he was my father.
The prisoner Rich put in a written defence, denying any knowledge of Neale, or of the offence charged of him.
Neale. My mother is in court, and will speak for me.
RICH— GUILTY .†— Confined Two Years .
NEALE— NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
1 and 2 o'clock; she had two halfpenny buns; she gave me a shilling—I saw it was a bad one—I tried it in the detector, and it bent—I called Mr. Christie, and gave him the shilling—I told the prisoner it was bad, and Mr. Christie spoke to her—she was allowed to go away, the shilling was kept.
Prisoner. I never was in the shop.
Witness. I am quite sure she is the person.
COURT. Q. Had you seen her before? A. No—I saw her again at Marlborough-street about a week afterwards—she was in one of the rooms with a gentleman and two policemen—I was asked to go in—I did not pick out the prisoner from other women—I am sure she is the woman—she stopped in our shop about 10 minutes.
MELDRUM SHEPHERD CHRISTIE . I am a baker, and live in Oxford-street—I was called into my shop oil 10th August; I found the prisoner there—I am quite sure she is the woman—Miss Taylor gave me a shilling, which was a bad one—I asked the prisoner where she obtained it—she said she got it from some pawnbroker in the neighbourhood—I called in a policeman to look at her; he did not know her, and I let her go—I kept the shilling apart, and afterwards gave it to Stevens.
PATRICK JOHN WARE . I keep the Two Chairmen public-house in Wardour-street. On 17th August, I saw the prisoner at my house a little after 8 o'clock in the evening—she called for a pennyworth of gin—I served her, and she gave me a shilling; it was a bad one—I told her so, and asked if she had got any more—she said "No"—I said I must see whether she had, and I took her to the station—I gave the shilling to Stevens the policeman.
Prisoner. I would be on my oath if it were required, that it was a young woman served me.
Witness. No; I served her myself; I have no woman there.
Prisoner. It was a woman served me, and it was half-a-pint of beer—it was raining, and I went in to stand out of the rain—I asked the woman to serve me half-a-pint of beer, which she did, and she turned round to this man and said "This is a bad shilling."
MR. BODKIN. Q. Had you any particular reason for serving this woman yourself? A. I had; I had seen her before.
JAMES STEVENS (Policeman, G 112). The prisoner was given into my charge at the station, by the last witness—I received this shilling from him, and this one from Mr. Christie—the prisoner gave her address in Charles-street, Drury-lane—I find she had lived there—she stated at the station that it was half-a-pint of porter she had—she was searched by a female, and a sixpence was found on her, and two duplicates.
Prisoner's Defence. I hope the Jury will be merciful to me—I never was in Mr. Christie's shop, and this last witness has false sworn—I went for half-a-pint of beer—the duplicates found on me will prove that I had been to a pawnbroker's and received the shilling.
GUILTY .— Confined Nine Months.
MESSERS. BODKIN and CLERK conducted the Prosecution.
WILLIAM JOHNS . I am barman at the Angel at Islington. On 28th August, I saw the prisoner about 3 o'clock in the afternoon—she had 2d. worth of some liquor—I served her, and she gave me a half-crown—I put
it in the money detector, and it bent easily—it was quite soft metal—having bent it one way I bent it again, and the effect was, I broke a piece off it—I have no doubt that it was a bad piece of money—I gave it her back and told her it was bad—she said she had no smaller change—she gave me a good half-crown—I gave her change out of that, and she went away.
Cross-examined by MR. SLEIGH. Q. Had you known her before? A. No. I saw her again the next morning, she was going by the door in custody of the officer—the policeman was walking by her side—I had mentioned to a policeman on the evening previously that a woman had passed a bad half-crown—I can't say whether I gave him a description of the woman; I might have done so—I heard the evening before that a woman was taken in custody for passing bad money—I don't believe the policeman gave me a description of the kind of woman whom he had taken in custody—I will not swear that he did not tell me it was a short small woman—I will not swear either way, because I did not take particular notice of the conversation—I will not swear that he did not tell me it was a small short woman, who had been taken in custody, and that I did not say, "Yes, that is the kind of woman that passed the half-crown to me"—I cannot swear whether I did or not—I had never seen the woman before to my knowledge.
MR. BODKIN. Q. On the following morning, was she brought in or passing by? A. Passing by—the policeman called me out—she might have been 3 or 4 minutes in the house the day before—I have no doubt whatever of her being the person.
CHRISTOPHER EMMETT . I am in the service of Mr. Brotherton, a chemist at Islington—about 4 o'clock on 28th August the prisoner came for two ounces of Epsom salts—she offered me a penny—I told her they were three halfpence, she said she only gave a penny at other shops—I told her they were three halfpence, and she said, "Then I must change half-a-crown"—she put a half-crown down—I took it up and gave it to Mr. Brotherton—he said it was bad—he came into the shop where the prisoner was—he spoke to her, and asked her where she got it—she said she got it from a cabman the night before—I went for a constable and when I came back the prisoner was gone from the shop—I went to a greengrocer's shop, and saw the prisoner come out—I pointed her out to the constable, and she was brought back to Mr. Brotherton.
Cross-examined. Q. Who was the greengrocer? A. Mr. Gerrard—he is not here—I did not see the prisoner go in there—I heard she had gone in—I fetched the constable—we waited about and I saw the prisoner come out of that shop.
WILLIAM HENRY BROTHERTON . I am a chemist and live in Clyde-terrace, Islington—it would take me a quarter of an hour or 20 minutes to walk from the Angel to my house. On 28th August, about half-past 3 or 4 o'clock I heard my shop lad talking to a person in the shop—my lad came into the room to me, and gave me a bad half-crown—I then went into my shop and saw the prisoner there—I said to her, "This is a bad half-crown"—she said "Is it? I will change it"—I said "Not quite so fast, you knew it was bad"—she said, "No, I did not know it; I took it of a cabman last night"—I said, "I am of a contrary opinion; I shall give you in custody"—the boy then left the shop—the prisoner said, "You need not do that, I will bring my husband; he will make it all right"—she then went out of the shop, and I saw no more of her till she was brought back within a quarter of an hour—I gave her in charge—I gave the half-crown to Holmes—they took it to the station, and I believe Emmett marked it—I did not go
to the station at that time—when the prisoner was brought to my shop I said, "I shall give this woman in custody for uttering a counterfeit half-crown"—she said, "You make some mistake, it is all a mistake."
HENRY HOLMES (Policeman, N 261). On 28th August I was on duty in Caledonian-road—Emmett came to me—I watched a greengrocer's shop, and took the prisoner when she came out—I told her she had uttered a bad half-crown at Mr. Brotherton's shop—I said it was a doctor's shop—she said she had not been there—I took her to Mr. Brotherton; I received this half-crown from him in Emmett's presence—the prisoner said it was quite a mistake—she had a leather bag with her, 2 1/2 d. in coppers, and a porte-monnaie and two duplicates.
Cross-examined. Q. Did you say anything to her about having been at the Angel? A. I did at the Police Court, and she said she had never been at the Angel—I had not at that time heard that a bad half-crown had been passed at the Angel—I heard that the next morning when she was going to the police-court—I had no communication with the witness Johns the night before—one of our men had, to whom I had mentioned that I had taken a woman—I related to my brother officer what kind of woman it was—I took the prisoner as she came out of the greengrocer's shop—I never parted with her till I took her to the station—she gave her correct address—I went and found it right.
GUILTY .— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM FEY . I am a baker, and live in Ebury-street, Pimlico. On Saturday night, 21st August, the prisoner came to my shop about 9 o'clock—I served her with a quartern loaf, the price of it was sixpence—she gave me a shilling; I gave her sixpence change, and she left—I put the shilling which she gave me in a bowl in my till—there were sixpences and a half-crown, but no other shilling there—the prisoner came again in a quarter-of-an-hour—I then served her with half a-pound of seed-cake; the price of that was 3d.—she gave me a shilling; I put that in the same bowl with the other, and gave her 9d. in change—she left, and came back in 5 or 6 minutes afterwards for half-a-pound of seed-cake, the same as before—she gave me a shilling; I gave her 9d. change, and put that shilling in the same place with the others—after she had left on the last occasion I examined the shillings in the bowl, and found they were bad—no other person served in the shop but myself on that evening—I am sure I put the three shillings in that bowl that I had received from the prisoner—when I found the shillings were bad I wrapped them in paper, and put them in a drawer in the parlour, which I locked—I gave them to the constable on the Tuesday—I am sure they were the same shillings I had of the prisoner—the prisoner came again on the Tuesday afternoon between 5 and 6 o'clock—I saw her come in, and I recognised her—she asked for a half-quartern loaf—I served her; it came to 3d.—she gave me a shilling; I tried it with my teeth, I bent it and found it was bad—I said, "It is a bad one," and I gave it her back—I said she had brought three bad shillings on the Saturday night—she said she never did—I said, yes she did—she said she would go and send her husband—she left the shop taking the bad shilling with her—I went after her and she was given in custody—I went to the station and there charged her
with passing that bad shilling, and also passing the others—she had the shilling in her hand that she brought on the Tuesday evening and she gave it to the policeman—this is the shilling that I bent and gave back to the prisoner on the Tuesday—I gave the other three shillings to the same constable—the prisoner said she never gave me new shillings, they were old shillings.
CHARLES PIPER (Policeman, A 256). I took the prisoner in custody on Tuesday night, 24th August—I took one shilling from her hand at the station—I received these three shillings from Mr. Fey at the station—before he marked the shillings the prisoner said they were old ones, not new ones—two of these are of 1846, and one is 1844—as I was taking the prisoner to the station she said she did not pass him the money on the Saturday, she had not been in the shop—the next morning in going to the court she told me she did not pass any shillings, they were half-crowns that she had; that her husband gave her four half-crowns on Saturday, and she had not passed any shillings at Mr. Fey's.
Prisoner. I did not say I had not been in the shop. Witness. Yes you did.
Prisoner. I gave him half-a-crown on the Saturday night—my husband gave me four half-crowns—the prosecutor gave me two shillings; they were very thin ones—a woman who was with me knows that they were so.
GUILTY.—Recommended to mercy.— Confined Six Months .
OLD COURT.—Wednesday, September 22d, 1858.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Baron WATSON; Mr. Justice HILL; Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. SIDNEY; Mr. Ald. CUBITT, M.P.; Mr. Ald. PHILLIPS; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Baron Watson and the Fourth Jury.
PLEADED GUILTY .— Three Years Penal Servitude .
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
CHRISTIAN RUDOLPH FERNANDO THIEDERMAN . I am a merchant at Newcastle—on Tyne; I also have correspondents at Wolgast in Prussia—previous to June last I knew the prisoner, and had some business transactions with him—about the 12th of June I received this letter from him in the German language; I have a translation—I have compared the original letter with the translation; it is perfectly correct—I have a knowledge of the prisoner's handwriting—this original letter of the 12th is signed by him.
Cross-examined by MR. ROBINSON. Q. Did you ever see him write?
A. No; I have seen his writing in another office in which I formerly was—letters were frequently coming from him.
FREDERICK KELL . I am captain of the vessel Anna—I know the prisoner—I have seen him write—I believe the signature to this letter to be his writing—(The following translation of the letter was read: "Wolgast, June 9th, 1858. During the spring I had the pleasure of seeing your traveller with me; and, in consequence of the conversations I had with him, I am rather inclined shortly to consign a cargo of wheat to you: I therefore beg to ask for how much, and at what date, you will open a credit in London for me. I hope soon to have a more lively correspondence with you.")
MR. THIEDERMAN (re-examined). I replied to this letter—about the latter end of June I received another letter from the prisoner, dated Wolgast, 25th June—this is it—I have a translation of it, which is a faithful translation.
Cross-examined. Q. Have you seen him write? A. Yes; a good many times—(Letter read: "Wolgast, June 26th, 1858. In answer to your favour of 12th, I have made up my mind to consign to you the 8,320 Sheffield wheat, shipped by the vessel Anna, Captain Keli; for which I annex a duplicate bill of lading. At the same time I take the liberty to make use of your kindness, and to draw 2,400l. for your account on the Union Bank of London, at two months date, requesting you to provide due protection to those drafts. The insurance you will please effect there at the premiums stated. I trust I shall find a good market with you, as few shipments have been made to your quarter. With special esteem, OTTO F. HOMEYER.")
MR. THIEDERMAN (re-examined). Enclosed in that letter were these bills of lading (produced)—this is a faithful translation of them (read: "I F. Kell, of Wolgast, Captain of the vessel Anna, now loading in Wolgast, and bound for Newcastle, acknowledge having received on board the said vessel, from Mr. Otto Fr. Homeyer, well and good-conditioned, 8,320 sheffields of good sound wheat, 380 mats, in order, to deliver the same after completed voyage, to his order, on being paid freight of 1s. 6d. per delivered imperial quarter wheat, average according to custom. For the fulfilment of this, I pledge my person, goods, and the vessel, with all apparel, for which I have signed four bills of lading of the same tenor, only good for one. Wolgast, 26th June. F. KELL.") In consequence of having received this letter and the bill of lading, I instructed my bankers at Newcastle to honour the prisoner's drafts, through their London agents, the Union Bank; I subsequently received from my bankers a duplicate bill of lading—this is it (produced)—the endorsement at the back is the prisoner's—this letter, dated the 26th June, addressed to the Union Bank, is, to the best of my belief, in the prisoner's writing—there is a translation at the foot—I have compared it with the original, and find it is quite correct.
CAPTAIN KELL (re-examined). To the best of my belief this endorsement on the back is in the prisoner's hand-writing, also this letter of the 26th June, (read): "26th June, 1858. To the Union Bank of London for account of Messrs. R. Thiederman and Co. of Newcastle. I take the liberty to value on you six bills for 400l. making a total of 2400l., in firsts and seconds; at two months date, I beg you will give prompt protection to them—Yours, &c. OTTO F. HOMEYER."
MR. THIEDERMAN (re-examined). To the best of nay belief these first six bills of exchange are in the prisoner's writing—they are accepted by the Union Bank of London on my account. On hearing that the prisoner was in custody, I went and saw him, he came out of the cell and was deeply moved; he sat down and covered his face with his hands—he at first did not recognize me; I told him who I was, I then asked him how at his time of life he could commit such acts, and make his family and friends unhappy by it.
MR. ROBINSON. Q. Did you tell him that it would be better for him to tell you all about it? A. No; not anything of the kind—I did not ask him to tell me all about it—I let the conversation take its course.
MR. SLEIGH. Q. What reply did he make to you? A. He said "If you knew how I have been pressed, and struggled for the last 12 months, you would pity me"—he said, "They have pressed me so"—I asked who had pressed him—he said, some houses in Scotland, who he was under obligation to ship wheat to—I said, "Then the bill of lading you sent me was a forgery?"—He answered, "Yes it is a forgery, I do not deny that I have forged it"—I then asked what he had done with the property he had obtained upon those bills of exchange—he said, he had bought wheat with it, and shipped it to Scotland—I told him it was impossible to have done it in so short a time; he mentioned two vessels which he had dispatched with wheat for Scotland, and these vessels had been bought with the proceeds of the bills.
Cross-examined. Q. How long have you known him? A. Since 1850, he was a merchant in an extensive and highly respectable way of business, to the best of my knowledge, at Wolgast—he told me, in the course of the conversation, that he had intended to ship the wheat to me—he said, if I had waited I should have had my wheat.
CAPTAIN KELL (re-examined). I reside at Wolgast—I am master of the ship Anna—I know the prisoner, he was part owner of the Anna; he was in the habit of finding cargo for that ship—I did not in June last take any cargo of wheat to Scotland—I did take some wheat to Scotland for the prisoner in the spring of this year—I then returned to Wolgast; I found the prisoner there—this was in the early part of June—the vessel remained there until the 4th or 5th of July—she then sailed for Dantzig in ballast—the prisoner had spoken to me about a cargo for Belgium, but I would not stop any longer; he asked me to wait for it, but I would not—I found no cargo brought—the signature of Kell to these bills of lading is not my handwriting, nor was it written by my authority—I had no such cargo on board the ship at all.
Cross-examined. Q. I believe you have frequently signed bills of lading before the goods have been on board? A. That question does not belong to this court—I did it once for part of a cargo—I have never done it more than once; that was in the spring—I do not know whether the cargo had been bought when I signed that bill of lading—that cargo was eventually shipped and properly delivered—I cannot tell how long before the cargo was received I had signed the bills of lading, about 8 days or so; it may have been before the cargo was bought, I do not know whether it was bought or not—it was in the latter part of June that the communication was made to me by the prisoner with regard to waiting at Wolgast for cargo—that was a cargo to Belgium; he did not say what part of Belgium—he only had hopes to send me a cargo for Belgium—he asked me that on two or three occasions—he mentioned Belgium on each of these occasions.
JOSEPH CANTOR . I act as interpreter for the Steam Navigation Company. I happened to be at the St. Katharine Docks, on 18th July, when the prisoner was taken into custody by Jarvis, and Jarvis, not understanding German, asked me to communicate with the prisoner—I asked him his name; he said his name was Newman—I said the officer said he was the man he wanted according to the telegraph, and he was taken for two bills of lading—he said, "I am not the man;" he afterwards said, "I hope you won't hurt me, I have got a wife and children"—he said he had got no money about him, he had paid his debts with it.
Mr. ROBINSON submitted that upon the counts for forgery there was no case for the Jury, that offence not having been committed in this country; he also submitted as to the uttering, that there was no uttering by the prisoner in this country, the document in question being posted by him at Wolgast. MR. BARON WATSON referred to the case of Rex v. Burdett, as an answer to the last objection. MR. ROBINSON contended that that case did not apply, that until the document arrived here there would be no inception of any offence; he further contended (unless some clause of the statute met the objection,) that if the forgery itself was not committed in this country, the prisoner could not be convicted of uttering, the forgery not being punishable by the law of this country. MR. BARON WATSON was clearly of opinion that it was not necessary that the forgery should be committed here, the felonious uttering charged was an uttering knowing it to be forged, not knowing it to be forged in England; in the present case, the uttering was through the post office, which the prisoner had made his instrument or agent for the purpose. MR. JUSTICE HILL was of the same opinion.
GUILTY .— Eight Years' Penal Servitude .
Before Mr. Justice Hill.
MR. THOMPSON conducted the Prosecution.
DANIEL WILEY . On 10th July last, I lodged at 15, Newcastle-court, Strand—it is a model lodging-house—I was in the kitchen on that night—I was not sober—I got paid about 8 o'clock in the market, and I came straight home; I think it was about half-past 8 when I got home—I do not remember going to sleep there—I remember nothing but going in; I spoke to the man at the door—I did not notice anything when I went in, that I know of—I do not remember seeing the prisoner there—I do not remember anything till I woke up in the hospital—I remained in the hospital 5 weeks—when I came to my senses there, my face was all scalded, all raw, and all over my chest and my right arm—I could not move it, and I have lost the sight of my right eye—I cannot see at all with it now; my left eye is getting nice and strong now, but it was very weak, I could scarcely see at all when I came out of the hospital.
DAVID BLAY . I live now in Holborn. On the evening of 10th July, I was in the kitchen of 15, Newcastle-court, Strand—I saw the prisoner and Wiley there—there was a young woman in the kitchen at the time—Wiley was leaning on the mantelpiece with his hands on his face, over the fire-place where the water was drawn from—this was a little after 9—he was not asleep, he was stupid—the prisoner was sitting on a form—I did not hear anything occur before the drawing of the water between the prisoner and the prosecutor—I was there all the time—I saw the prisoner
draw the water from the boiler in a quart can; he took it from the boiler which hung over the fire-place—he drew a pot full—he afterwards put the can on the fire, with the water in it: it was a great fire—I should suppose it remained about five minutes on the fire—the prisoner in the meantime was lacing up his boots—immediately he had laced his boots up, he took it up, and chucked it up in Wiley's face—after that, I saw him kick Wiley several times—Wiley fell on the ground, and the prisoner set to kicking him—he next took up a piece of iron that is used for a poker, and would have struck him, only for the woman servant—he said he was sorry he did not knock his b—brains out—he was sober.
DIANA CLIFT . I was at this lodging house on 10th July—I get my living by needlework or cleaning—I was there when Wiley, the prisoner, and the last witness were there—Wiley was standing over the fire-place cooking some eggs and bacon for his supper—that was between 9 and 10 o'clock—the prisoner was sitting on the form lacing his boots up, when I was down there—after he had done he went to the fire-place, and took the quart pot of water off the fire, and threw it into the prosecutor's face, making use of some violent language—I did not see who put it on the fire—after he had thrown the water into his face, the man fell down, and called out that he was blinded, and the prisoner then kicked him four times in the ribs, while he was lying down on the floor; and after that he took up the poker in his hand, making use of some very bad language, saying he would split his skull in two, and he would cut him open—the servant at the house took the poker from, the prisoner—I did not hear any words between the prisoner and the prosecutor.
WILLIAM LIDDON . I am house-surgeon at King's College Hospital,—the prosecutor was brought there about 12 o'clock on Saturday night—he was drunk; his face, chest, and right arm were scalded; his right eye was very much inflamed and swollen—he remained there about a month—his right eye is completely destroyed—the other eye is quite right, I think.
The prisoner's statement before the magistrate was read as follows:— "Whenever he came into his meals, he was always on to me; and several times he took off his coat and shook it over my grub; he was on to every man in the kitchen."
Prisoner. I beg for mercy; I am sorry for what I have done.
GUILTY .— Six Years' Penal Servitude .
Before Mr. Baron Watson.
MR. SLEIGH conducted the Prosecution.
GEORGE VINCE (City policeman, 718). On the evening of Saturday, 11th September, I was doing duty near Moor-lane—about half-past 10 that evening I saw the prisoner and another man quarrelling and fighting in that lane, on my beat—I cautioned them to go away; the other man walked away; he said he did not wish to be locked up—the prisoner said if I locked him up, he would serve me as he had other policemen—I proceeded on my beat in the usual way I work my beat—the prisoner walked up just before me, 5 or 10 yards; he was swearing and abusing me all up the court—I saw him go into the house in which he lived—I passed on by
the door of the house, and thought he was in quiet for the night—I had got perhaps 40 or 50 yards beyond his house, when I heard him come running, and I heard him say, "Where is the b—policeman? I will kill the b—"—as I went to turn round, he caught me on the shoulder with this instrument (producing an iron)—he said, "G—strike me dead, I will kill you"—I then saw him aim at my head again, and I put up my hand to prevent the blow on my head, and he struck me over the elbow—I was struck five different blows—I was struck on the elbow, the shoulder, just below the blade-bone, the chin, and the head—blood flowed from the head, and also from the chin—this lasted a very short time—I was about 8 or 10 yards from one of the street-lamps—I have no doubt whatever that that was the weapon with which he was striking me—some persons came up, and the prisoner ran away—I was able to go myself to the station-house for assistance—Mr. Simpson, a surgeon, saw me, and I have been under his treatment up to the present time—I have been unfit for duty ever since—I am not on duty now, and am not likely to be at present—I have known the prisoner these 18 months.
HUGH BROCK (City policeman, 167). On the night this occurred I want in search of the prisoner—I was not able to find him at first, but I did subsequently, at the house where he lodges—I told him the charge on which I took him—I went to the door and pushed it open; the room was quite dark—I called out "Is Oxley here?" he immediately answered "Yes"—I desired him to come out, he said he would come, he was not afraid to come, that he had fought the policeman fair—I saw this weapon found in the window sill; at that time one end of it was wet—Vince was asked in the hearing of the prisoner, if this was the weapon that he was struck with, and he said "Yes,"—the prisoner then said with an oath, "I never had it in my hand"—it was the inspector who was speaking—he asked the prisoner, what he called the weapon; he said, he called it nothing; his game was to know nothing; let him find out what it was called,—the prisoner had been drinking but he was not at all intoxicated.
Prisoner. I was mad drunk; he knows that when he came and took me I was very drunk. Witness. He was not drunk when I took him.
FREDERICK HAMILTON SIMPSON . I am a surgeon at Fore-street, Cripplegate—on Monday morning, 13th September, about 11 o'clock, I examined the prosecutor—he had an incised wound on the left side of his head, a cut wound above the ear, rather behind; he had likewise an abrasion on the chin, the external skin was broken—I did not examine the bruises about his body, because he was then on the point of going up to the police-court,—he was suffering from dizziness in the head, confusion of mind; there was an uncertain stare about his eyes; the eyes were suffused, and he had been vomiting—all this would be the result of the stun or concussion—the wound on the head might have been caused by such an instrument as this, coming rapidly—the symptoms I have described were undoubtedly the result of such injuries—there was slight concussion of the brain—he has not been directly under my treatment ever since, although I have seen him from day to day—he is properly under the care of the surgeon of the force; he is certainly not fit for duty; he will not before some time—even his life eventually may be in danger—he may suffer from this injury yet.
Prisoner. I never saw that thing for two days before—I never had it in
my hand, if I were to drop before you—no sooner did he see me, than we were both at it; he did not allow me time to get in-doors.
Jury to HUGH BROCK. Q. You say the instrument was wet; what with? A. Water.
GUILTY with intent to do grievous bodily harm.**/—Six Years' Penal Servitude .
John Mark Bull (City policeman) stated that the prisoner had been repeatedly in custody for assaulting the police.
NEW COURT.—Wednesday, September 22d, 1858.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
875. ROBERT BOWERS (16) , Burglariously breaking and entering the dwelling-house of William Linsell, and stealing therein 11/4 lb. of tobacco, value 1s. 6d., and 4l. 3s. 81/2 d. in money, his property, to which he
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. WAY conducted the Prosecution.
WILLIAM SCANTLEBURY . I am a plumber, of 22, Queen's-row, Bayswater. I saw this lead produced, safe at Isleworth, on Thursday evening, 9th September, in the store-room of the building—it is the property of John Scantlebury—on the following morning, about 6 o'clock, I found the store-room had been broken open, and the lead and other property was gone—there was a bundle of 3/4 inch pipe, and 9 pieces of sheet lead—I know this lead by the mark which I put on it the day before.
FRANCIS GILDER . I am a carpenter in the employ of Mr. John Scantlebury—I was at the same work at St. Margaret's, Isleworth, on Thursday, 9th September, I saw the lead produced in a room in the building, which I made a work-shop or store-room—it was safe when I left to go to Richmond—the next morning I went to St. Margarets, about 10 minutes before 6 o'clock; I found the room-door had been broken open, the lock broken, and most of the lead had been taken out—there was a little left, perhaps one hundred weight and a half—I found a crowbar standing against the door, and by the marks I concluded that the door had been broken open by it—I know Walsh; he had been employed there about seven weeks, and left of his own accord on the Saturday previous to the robbery—he was a plumber's labourer—some moulds were taken, what we call running moulds;
they were in the casting shop—some of those produced were there—I cannot say which—these moulds have been in our employ three years—they are employed in running cornices.
Cross-examined by MR. METCALFE. Q. What is this place? A. It is a store-room and plumber's shop—it is in a building in course of erection—Walsh had been working under me—he was introduced by another labourer, and I took him on—I believe he came from London.
WILLIAM HESTER . I am a labourer, residing at Twickenham. I was going to Isleworth on Friday morning, 10th September, about 7 o'clock, and met the prisoners—they had this lead, these tools, and this basket with them—they were coming from the direction of Isleworth—Walsh asked me if I could tell him where he could get a horse and cart to remove some goods—I was close to the prisoners; I am quite certain they were the men—they had some sheet-lead, and some pipe, and this basket and tools.
Cross-examined. Q. How far were they from St. Margaret's? A. About three-quarters of a mile—they were close to the Crown Inn.
HENRY WHITING . I am a mason, and lodge at Isleworth. On Friday, 10th September, I met the two prisoners near Isleworth, about half-past 5 o'clock in the morning—they were going towards Isleworth in the road that leads towards the Thames—they had a small truck with them, and lead in it—Walsh was wheeling the truck, and Murphy was kneeling down, doing something to his shoe—I had no conversation with them.
Cross-examined. Q. How far was this from St. Margaret's? A. I should say half a mile—Murphy was not touching the truck, he was 10 yards from it, doing something to his shoe, I thought he was tying it—he had one foot on the ground, and one knee—the truck was going towards Isleworth—I am quite sure of the time—I was going to work—I started at 20 minutes after 5; I began work at 6—I had to go nearly a mile—when I found the lock had been broken, I said I had seen the party in the road; I did not know them before.
SARAH BROWN . I am the wife of Thomas Brown, an ironmonger in Edgeware Road—I know Murphy. On Thursday, 9th September, he came and asked if I would lend him the truck for about an hour—I lent it him; it was not returned—I did not see it again till Friday afternoon, when a policeman showed it me—it was the one I lent to Murphy; it had my husband's name on it.
JOSEPH IRISH (Police-sergeant, T 36). I received information about some lead having been stolen—I examined St. Margaret's, the place from whence it was taken—I found the place had been broken open—I picked up a portion of the lock; one side of it was on the door—I observed marks on the door, which appeared to have been made with a crowbar—the door had been forced open by it—I went in search of the prisoners—from information I apprehended Walsh about two hours after, in a field at Twickenham, lying down in a very low place, about 100 yards from the road—I told him I must take him in custody on suspicion of being with a man who had stolen some lead from St. Margaret's—he said, "I know nothing about it, I have been here all night, I can prove it"—I said, "You must come with me to the man to see if he can identify you"—I took him to the man, and he identified him.
JOHN JUKES (Policeman, V 295). On 10th September I saw Murphy drawing a two-wheeled truck from the Crown public-house to Twickenham—he set the truck down and walked towards me—I asked him what he was going to do with that truck—he said that was his business—I told him it
was also mine, and took him back to where the truck was standing—I saw in it 10 pieces of lead and a large roll of piping, and on the top were some plasterers' moulds and this basket—Mrs. Brown afterwards saw the truck at the station, and identified it—Murphy said if I would wait a little while I should see all about it; that his mate was gone to Twickenham to get a horse and cart to take the lead to Harmondsworth to a job—the lead weighed 630lbs.
Murphy's Defence. A man came to me, and asked me if I could hire a truck—I did, and he told me to follow him up the road—I did, and we had one pot of beer, and some bread and cheese—he told me he had bought some lead—we got to Richmond about 11 o'clock at night—he said he would get me a lodging till the morning, and he put the truck in the stable—at 5 o'clock in the morning he called me, and the truck then had these things in it—he told me to draw it.
MURPHY— GUILTY of Stealing only.— Confined Nine Months.
WALSH— GUILTY of Stealing only.— Confined Twelve Months.
Mr. BODKIN conducted the Prosecution.
JAMES BROOKS . I am an auctioneer, carrying on business in Piccadilly. On 29th July, last year, I had a sale of timber and goods in Whitecross-street—the prisoner attended the sale, and he bought some lots, amounting altogether to 19l. 0s. 6d.—he gave his name and address as William Lawrence, John-street, Hackney—on the following day, one of my clerks attended to give out the goods, and he gave me this cheque as having received it in the course of his duty—the cheque was not paid—I obtained a warrant for the prisoner's apprehension, but he was not taken till lately.
Cross-examined by MR. SLEIGH. Q. Did you know the prisoner? A. I never saw him before nor since, till I saw him in custody—he was placed in the dock before the Magistrate—he was not pointed out to me—I was asked if he was the man; I said that he was, and I think I said he was one of a gang of swindlers—there were a great many persons attending the sale—the lots were knocked down to the prisoner, and I saw no more of him—my attention was drawn to him by his not standing in one place; he was dodging about from one place to another—I think he bought six lots.
JOSEPH NEALE . I live in Guildford-place, Clerkenwell—I remember a sale of timber and goods which took place in Whitecross-street—I had known the prisoner about three months before that—I had not seen him above three times. On 29th July last year, I was at his mother's house, which is down a cab-yard—I saw him there—he asked me if I had anything to do to-morrow; I said, "No"—he said he would give me a job, and asked me to meet him the next morning in Old-street—I did so, and we went into a public-house together—he desired me to go down to where the sale was, and he gave me a card in the name of Lawrence—I went and got the account and gave it to the prisoner—he was then at the top of Whitecross-street—he told me to go to his mother and get a horse and cart, and get money to pay the man—he rolled up the account in something, and I gave it to Mr. Woods the clerk, and this cheque was in it—before the prisoner gave me this cheque, I saw him cut this small piece out of it with a penknife against the wainscot—I heard the prisoner ask the landlord for a pen and ink—the prisoner did not tell me what this was—I took it to the
sale and gave it to the clerk, and got the goods; I took them where the prisoner desired me, to a yard in Old-street; I do not know the name of it.
Cross-examined. Q. Do you call yourself a cabinet-maker? A. Yes, I am, and a general dealer—I have lived at 1, Guildford-place, 8 or 9 years—I had known the prisoner about three months before this happened, in July, 1857—I did not know him in 1855, carrying on business in John-street, Hackney-road—I was a witness in this court last year—I have never been here since, nor before—I have been in a police-court.
MR. BODKIN. Q. Can you write? A. No, nor read writing.
ALFRED THOMAS WOODS . I was acting as clerk at the sale in White-cross street on 30th July, 1857—this cheque was brought to me by Neale—it was the amount of the things bought at the sale by a person named Lawrence.
WILLIAM HAYNES . I am a cashier in the Union Bank—the prisoner had an account there—this cheque (looking at one) is the cheque by which he drew out the acccount—this is his writing—when this other cheque for 19l. 6d. was drawn, we had no account with any person named Lawrence—the writing of this cheque is very similar to the writing on the genuine cheque—I believe it to be the same.
MR. SLEIGH here stated that the prisoner would withdraw his plea, upon which the Jury found the prisoner
GUILTY .*— Three Years' Penal Servitude .
MARY SHADDICK . I live in Harford-street, Lower-road, Islington. I have known the prisoner many years—I was present at the parish church of Islington on 3d January, 1846, and saw a marriage take place between the prisoner and Elizabeth Craven—she is living, and is now in this court—after they were married, I saw them together frequently for about six weeks, and then he turned her out—the last time I saw them was in 1849, they were quarrelling at my door—she wished to obtain an entrance.
THOMAS SMITH (Policeman, E 95). I produce a certificate of a marriage, which I got from the prisoner's first wife; also a certificate of another marriage, which I got from his second wife—I took him in custody, and told him he was given in custody for marrying two wives, both being alive—he said, "I deny that"—I called his first wife, and said, "Is that your wife?"—he said, "No"—I said, "Has she ever been your wife?"—he said, "Yes; she was once."
ELIZABETH MARY LORIMER . I was married to the prisoner in 1854—this is the register of the marriage—I got it at the church—I was not aware that the prisoner was married—he said he had been a widower fourteen years.
Prisoner. Q. Did I have any money of yours, or did you ever have money? A. I laid out some money—I never said that I had 150l., and that you spent it in riotous living—you have only been in work a few days—you gave me money when you had it, but you have taken my clothes away—you never ill-used me.
Prisoner's Defence. About the middle of December, 1845, I asked Craven if she was in debt; if she owed any money—she said, "Yes"—I asked if she owed her landlord any rent—she said, "Yes, 1l. 7s."—I gave her 5l. to pay her landlord, and whatever debts she might owe—I said, "If there is anything comes on me after we are married, very likely it will
make it very uncomfortable—in January, 1846, we were married; she had no furniture; and about the middle of January her sister came and claimed the whole of the furniture—I gave it to her, and she took it away; and Craven had not a bed to lie on, a chair to sit on, a table to eat on, a gown to put on her back, under clothing nor over clothing—I had to buy them—on 14th February, about six weeks after we were married, away she goes—she had run me in debt, at the little chandler's shop right opposite, 14s.; at the butcher's, 8s. or 9s.—she bolted, and took between 35l. and 40l. in money—I never saw her till 1847, when I allowed her 2s. 6d. a week—I gave a man, named Giles, 5l.; he was to pay her 2s. 6d. a week, and take her I O U for the 5l.—she received that 5l.—in 1848 I allowed her again 2s. 6d. a week; I paid the money to a boy that is here to take it to her every week—from 1849 till 1856 I never saw her at all—in 1856 I saw her walking with a woman name Rose; they stopped me to tell me that a friend of mine had nearly dropped down dead—in April, 1852, I was ill, and Mr. Lawrence, of Goswell-street-road, gave me an order to go to Clerkenwell Workhouse—I believe I was there about five or six weeks, and about a fortnight after I went there, the master of the workhouse, who is now master of Marylebone Workhouse, sent the porter to me—the porter called me into the yard; he said, "Your wife is dying: if you like to go out and see her you can"—I said, "My wife! I don't know where to find her no more than a child; I have not seen her for three or four years; she robbed me and left me"—he said, "Your wife lies dead; if you like to go out you can"—I said, "If you had brought me a 50l. note, you would not have brought me better news"—these facts can be proved by application at Clerkenwell Workhouse—I could have brought those persons, but I had no money, being out of work—I have not had a farthing since November—when I married Elizabeth Lorimer, I never knew but what that woman was actually dead—when I left the workhouse, I was had up before the board, and the master stated before the sixteen guardians that a message had come there respecting my wife, that she was dead—when I went out, the first person I went to was this boy and his brother; I said to him, "Do you know whether Mrs. Craven is dead?"—he said, "I do not know anything about Mrs. Craven; if she had died twenty years ago, all the better for you." I went from there to Greenman-lane, to a person who is now gone to Australia; she told me she did not know whether she was dead; but she said, "I have no doubt that she is dead"—I then went to a person named Probert, who knew her perfectly well; I said to her, "Mrs. Probert, do you know whether Mrs. Craven is dead?"—she said, "I dare say she is; the last time I saw her was a month ago, and I thought she could not live that day out"—I went to the master, and told him, and he said, "You take it for granted that she is dead"—I did not know but what she was actually dead.
GUILTY .— Confined Twelve Months.
MR. BODKIN offered no evidence.
NOT GUILTY .
JESSE PERKINS . I am a labourer, and live in Hampden-street, Paddington—I am a cripple—on Saturday night, 11th September, at a little before 12 o'clock, I was in Edgeware-road—a young woman spoke to me—I walked some little way with her—we went into Praed-street—I saw the two prisoners; I passed them, and went on to Manor-place—I did not see the prisoners following me, but when I got to Manor-place I saw them—White asked me if there was a thoroughfare; I said, "I believe not"—he then got hold of my throat and nearly strangled me, and Johnson and the girl robbed me of my property—I heard White say, "He is done for"—they left, and I got up and followed them into Old Church-street, and there I got a policeman—I had had 4s. 101/4 d. in my pocket, a latch-key, and a comb—that was all gone, and the pocket also—I did not know either of the prisoners before—I saw them again in about 5 minutes, I am sure they are the persons.
THOMAS JONES (Policeman, D 274). I was on duty on that Saturday-night—I heard a cry of "Police," and "Murder," in Old Church-street, about 12 o'clock—I saw White running and the prosecutor close behind him—I stopped White and took him in custody—he said, "You b—r, what do you stop me for? I will mark you for this;"—I took him to the station—he was rather violent—I asked him what made him run if he was not guilty?—he said, "It would make you run, if any person stopped you and knocked you about as they have me"—I said, "I see no marks of violence about you"—I had seen Johnson pass, while White was being held by the person who stopped him. I found a great stone in White's pocket, and on Johnson four pocket-handkerchiefs.
HENRY KERCHER (Policeman, D 124). I was on duty that night, about a quarter of a mile from where the prosecutor describes that he was robbed—a cry came from Paddington-green—I listened, and saw Johnson come running from Paddington-green—I stopped him, and asked him what he was running for—he said that he had done nothing, he was running from a friend—I said that I was not satisfied, he must go back with me—he said that he would see me b—d first—he threw me on my back on some bricks—I took him again, and he threw me on my back a second time—I took him to the station—I had seen him throw something away, I went back and found this pocket, with one farthing in it, this comb, and this key—this pocket corresponds with these trowsers of the prosecutor's, which it was torn from.
Johnson's Defence. I went to the White Lion, and stopped from 10 o'clock till about 12, looking for a friend; I could not find him, and the policeman stopped me—I said, "I am going to see a friend"—I never threw him on his back—I said, "If you will come with me, I will go to the station."
JOHNSON— GUILTY .
WHITE— GUILTY .
Confined Twelve Months each .
THIRD COURT.—Wednesday, September 22d, 1858.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Two Months.
PLEADED GUILTY .— Confined Three Months.
MESSRS. T. ATKINSON and CLERK conducted the Prosecution.
SARAH MORTON GODDARD . My husband keeps a ham and beef shop in Pimlico. On 4th or 5th August, the prisoners came, and Williams asked for a quarter of a pound of beef, which came to 4d.; he gave me a florin—I was about to give him change, when Hastings said, "I think I have got coppers;" he looked, and said that he had not—I then gave Williams 1s. 8d. change out of the florin, and put it in the till where there was no other money—as soon as they had left, I looked at it, and my husband took it and put a fork through it—it was quite soft; he just knocked the fork and it went through into the counter—he then bent it with his teeth, and I am quite certain it was bad—I threw it away in the yard—I afterwards looked for it, and could not find it.
Williams. Q. Did anybody come in before your husband came down? A. No—very likely the children had the coin—I am sure of you; I knew you when you passed our house on the Saturday to be locked up.
MR. CLERK. Q. When did you see them again? A. Not till they were taken in custody at the Belgrave public-house—I saw a mob going by, and said, "Those are the men that came into our shop."
JULIA ANN DURSEY . About a fortnight before 14th September, on a Thursday or Friday, the prisoners came to the Belgrave tavern, Ebury-street, about 3 o'clock in the afternoon—Williams asked for a pint of porter—I gave it to him; he tendered me a florin—I tried it with my teeth, and told him it was bad—he snatched it from me—Hastings said to Williams, "I did not wish you to pay for this beer," and gave me some coppers; they then left—on Saturday, 4th September, they came again—Williams asked me for half-a-quartern of gin—I recognised them as the same men—Williams offered me a florin—I took it up and told him it was bad, bent it with my teeth, and told him he had been there a fortnight previous, and tendered a similar one—he said, "I have not been before"—it was soft metal—I gave it to my master—Mr. Anderson, who came back with me, sent for a policeman, and gave them in charge.
Williams. Q. Did not you give it to the inspector? A. Yes; he was in the compartment of the bar—I took it from him again and gave it to the constable—I had marked it and broken it before that.
GEORGE EDWARDS (Policeman, B 151). I received the prisoner in charge from Mr. Anderson, who gave me these two pieces of coin—I found on Hastings one shilling, a sixpence, and a 4d. piece, all good, and 11d. in copper, and on Williams a good florin.
Williams's Defence. If I had been at the public-house, and the bar maid had refused the florin, it is not likely I should go there again; I was not there—we were not placed with any one else to be identified.
Hastings' Defence. I only went with him to have half-a-quartern of gin, if I had known he had bad money I would not have gone in, and I do not suppose he would.
WILLIAMS— GUILTY .**
HASTINGS— GUILTY .*
Confined Nine Months each .
MR. CLERK conducted the Prosecution.
SARAH YORK . I am barmaid at the Lord Wellington, University-street. On the evening of 4th September, the prisoner came for a quartern of gin, which came to 4d., and gave me 1s.—I told her it was bad, and she gave me a good one—I bent the other, and put it away by itself—on the 7th she came again for 1 1/2 d. worth of gin, and gave me a bad shilling—my uncle sent for a constable, and gave her in custody with the two shillings—these are them (produced).
The prisoner's statement before the magistrate was here read as follows:—"I acknowledge I am guilty, to save all trouble, and wish to be committed to Newgate."
GUILTY .— Confined Nine Months.
MESSRS. POLAND and T. ATKINSON conducted the Prosecution
GEORGE HUNTER THOMPSON . I am a chemist, of 42, Whitechapel-row. On Wednesday, 8th September, about a quarter to 6 in the evening, the prisoner came for one ounce of cough lozenges; she gave me a half-crown; I bent it slightly, and told her it was bad; she said that it was nothing of the sort—I asked her name; she said, "I sha'nt tell you"—I asked where she lived; she said, "Anywhere"—I asked where she got it; she said, "From a lady in the street, for selling things"—I told her I should send for a constable; she said, "You may go to hell and fetch one"—I gave her in charge, with the half-crown.
JOHN BONE (Policeman, H 181). The prisoner was given in my charge, with the half-crown (produced)—she said that she could not help it—I asked her if she knew the lady who gave her the half-crown; she said, "You may go to b—y, it is no case, it is only one piece."
GUILTY .— Confined Six Months.
OLD COURT.—Thursday, September 23d, 1858.
Before Mr. Baron Watson and the Third Jury.
MR. METCALFE conducted the Prosecution.
GUILTY .— Fifteen Years' Penal Servitude .
Before Mr. Baron Watson and the Second Jury.
MESSRS. SLEIGH and WEST conducted the Prosecution.
CREASY ROBINSON . I am metropolitan police-sergeant—I know Henry Smith; he is too ill to travel—these depositions were taken in the presence of the defendant—they are signed by the justice before whom the enquiry took place—the defendant's attorney had an opportunity of cross-examining Henry Smith—(Read: This deponent Henry Smith, upon his oath, said as follows:—"I am sergeant of the metropolitan police force (detective). From information we received from Portsmouth, through the Board of Admiralty, I went with the officer Robinson to-day about 11 o'clock, to 5, Windsor-street, Bishopgate-street-without, and outside the door I saw the prisoner—I asked if his name was Cohen,—he said, 'Yes'—I then told him I was a police officer, and asked him if he had received two casks—he hesitated and went inside—I went in with him—I repeated my question; and he said, 'Yes, I have,'—I said, 'Who from?' and he told me 'Mr. Warren, of Portsea,'—I asked him what Mr. Warren was; and he said, 'A. marine-store dealer'—I then said, 'I suspect they contain metal, the property of Her Majesty, and have you any objection to our searching your place?' he said, 'I have; you shall not search it'—in the passage of the house where we were, I saw two casks—I opened the head of one of the casks, and I saw it contained copper nails and bolts, marked with the broad arrow—I asked him if he knew the contents; and he said, 'No, I do not.' I had previously seen these two casks at Mr. Harris's, a carrier at the Nag's-head in the Borough, and I had watched them delivered at this house—on the desk of the counting-house, where we were talking, I found the bill I produce, for the carriage of the two casks, made out to Mr. H. Cohen—I said, 'You must consider yourself my prisoner, and you must go to the station'—he resisted very much, and gave orders to his men to bolt the doors, and shut us out, and tried to get away into the street—we secured him with assistance.
Cross-examined by MR. SOLOMON (Attorney for the Defendant.) He did not ask me to show our warrant—I showed him my warrant-card when he was in the cab—I followed the casks to the defendant's ware-house—I did not see the porters, when I went in—they had been delivered about 5 or 6 minutes before.—HENRY SMITH. Henry Smith further saith as follows:—"I went into the premises 5 or 6 minutes after the cart went there, and when I went in I believe the casks had not been opened as I took an iron hoop off, and lifted up a portion of the head of the cask.
Cross-examined by MR. ROBINSON (Counsel for the Defendant.)We left some men there, but they were shut out—they remained there till the premises were searched, but nothing more was found on search."—HENRY SMITH.)
Q. Did you go with Henry Smith to the Nag's-head? A. I did; I saw two small casks there in Harris's possession—I watched the casks—they were taken to 5, Windsor-street, Bishopgate-street-without, the ware-house of Mr. Cohen—I saw them placed in the passage of that house by Harris's carman—on that, I called the assistance of two officers, that we had there, to assist us if required, and then went into the house with Smith—Mr. Cohen was in the house—Smith asked Mr. Cohen if he had received two casks of metal; he hesitated at first, but did ultimately say that he had received two casks of metal—I was keeping the watch on the casks—Smith then broke up the head of one of the casks, and brought out some of
the property in it, bearing the mark of the broad-arrow—he then told the defendant he must consider himself in custody on that charge—Smith then took charge of Cohen, I taking charge of the property, the two casks—the workmen were then called in by Mr. Cohen—we asked to search the place; he said, "No"—a signal was given to the workmen to close the gates, and get us out—a great mob of people came round and tried to get the prisoner away, and prevent me taking the casks, but I did ultimately get them out, and get them into a cab—Smith charged Cohen with having in his possession government stores, the property of Her Majesty—that was after the sign had been given to the workmen—he said he should not go, he did not know anything about it—I took charge of the two casks, and took them to the station—I have them below stairs; they are a great weight—I stood by the side of Smith when he opened the cask head—that was after he had told the prisoner he was in custody, and after the resistance was made.
Cross-examined by MR. SERJEANT PARRY. Q. Was the name of "H. Cohen," wholesale metal merchant, over the door? A. I did not see any name—I have since been told that this young man's father carries on the business—Smith had a bill of lading—I have not got it—Smith had it in his possession all the time; I did not think of asking him for it this morning—I was not aware but Smith would be able to attend—it was made out to Mr. H. Cohen, wholesale metal merchant, Windsor-street, Bishopsgate, I believe—I have seen the paper—it was not made out from Warren of Portsea, that was the carrier's—it stated "metal, weight 3 cwt. 71/4 lbs."—perhaps the casks might weigh about one hundred weight and a half—they are small in size—a large number of people assembled from the neighbourhood, hearing the row—Smith had his warrant-card with him—this (produced) is a warrant-card, on which you may apprehend anybody—it is merely to vouch for your being an officer—we had no special warrant to apprehend this young man, his father, or any one on the premises, nor any search warrant—I am not quite certain whether the defendant asked to see Smith's warrant; there was a person asked to see the warrant—Smith showed the warrant in the cab—I went in the cab—I did not see it shown, I could not swear to that—Smith and I were in plain clothes—Smith opened the top of the cask himself; it was in the passage in the house—it had not been opened before—that was during the row.
MR. WEST. Q. Did you see the prisoner's father on the premises at that time? A. No.
MR. SERJEANT PARRY. Q. I believe you have ascertained that he is really very ill? A. Yes; he was ill at that time—it was the prisoner that gave the orders to the workmen.
MR. WEST was not prepared with further evidence on that point, but he submitted that under the statute in question it was unnecessary, the fact of the possession of the articles was sufficient, and it was proved that they were on the premises, and that the defendant exercised a dominion over the premises; the certificate of the commissioners was, by the statute, the only evidence of lawful receipt or possession, and that being absent, it was for the jury to say whether or no the possession proved was unlawful; it was not necessary to show any scienta. MR. SERJEANT PARRY contended that the prosecution were bound to show not merely that the articles in question were constructively or even manually in the possession of the defendant, but that he really knew that those articles had upon them the particular mark which rendered his possession of them illegal; they had proved that two casks containing metal were consigned
to the defendant; but they had also proved that he had not had the opportunity of opening or looking at them, when he might have accepted or rejected those that were marked with the broad-arrow; he referred to Rex v. Wilmett, in support of his argument. MR. WEST contended that the word "knowingly" used by Mr. Justice Coltman in that case did not apply to the knowledge that they were the Queen's stores, but to the knowledge that they were in the possession. MR. BARON WATSON was of opinion that it was necessary in order to convict a person under this statute that he should have knowingly in his possession goods marked with the broad-arrow, that he must have knowledge of the possession, and that he must have knowledge that they were marked with the broad-arrow; the statute was couched in very general terms; it did not state in so many words that he must have in his possession, power, or custody "knowingly." but that was the true meaning of the statute; the word possession imported knowledge, it implied that he received into his possession something marked with the broad-arrow; therefore, it was necessary first to show possession, and secondly, to show that the thing possessed was so marked to the knowledge of the defendant. As to the question of possession, if it were necessary, in this case he should leave it to the Jury, with the observation that although the casks were brought to the prisoner's premises, there was no evidence of the terms upon which they were sent, nor was any time given for examination, or of exercising a power of adoption or rejection. The case of Rex v. Wilmett, before Mr. Justice Coltman, was precisely on all fours with this, and specifically pointed to a knowledge of the mark being there, otherwise there could be no conviction; that view appeared to him to be one of sound law and sound sense, and gave a reasonable interpretation to the statute; in his opinion it was necessary in point of law to show that the defendant did know the articles had the broad-arrow upon them, supposing they were in his possession, and there was no reasonable evidence to go to the Jury to support that. MR. JUSTICE HILL was of the same opinion; it was no offence under the second section unless the party charged had possession of the goods, knowing them to be marked; this was made clear by a reference to the recital in the first section; the possession in the second section was put in exactly the same category with the concealing, which was a positive act done by the individual in order to constitute the crime; in his opinion it was necessary to show that the party sought to be fixed with a crime under the second section, had a knowledge that the goods were marked with the broad-arrow, and if he was ignorant of that fact, he was not guilty of any offence within the meaning of the statute; and the application of common sense to the construction of the statute showed that this must be so; if there had been ordered a couple of casks of old metal, obtained from ships, and out of 1,000 pieces, one only bore the objectionable mark, could it he said that the person to whom the casks were sent was guilty of any criminal offence, before he had opened the casks and seen the metal? and yet if this application of the statute was insisted upon, the Crown must go the whole length of contending for that absurdity. It appeared to him therefore to be applying plain common sense to the construction of the statute, to say that no offence was committed against the second section, unless it was shown that the individual in whose possession or custody it was alleged the goods were, knew that they were marked with the broad-arrow.
NOT GUILTY .
Before Mr. Justice Hill.
MR. LILLEY conducted the Prosecution.
GUILTY .— Six Years' Penal Servitude .
Before Mr. Baron Watson.
PLEADED GUILTY .— Four Years' Penal Servitude .
PLEADED GUILTY .— Four Years' Penal Servitude .
PLEADED GUILTY .— Four Years' Penal Servitude .
NEW COURT.—Thursday, September 23d, 1858.
PRESENT—Mr. RECORDER; Mr. Ald. CUBITT, M.P.; Mr. Ald. HALE; and Mr. Ald. MECHI.
Before Mr. Recorder and a Jury composed half of foreigners.
The evidence was interpreted to the prisoner.
MESSRS. BODKIN and SLEIGH
conducted the Prosecution.
JOHN ROEBUCK GILLESPY . I am a member of the firm of Gillespy and Co., carrying on business as merchants at 2, Brabant-court, Philpot-lane—Mr. Gabriel Raine Ford, of Constantinople, was a correspondent of our house—he died recently—he was in the habit of drawing bills on our house, on my father, Mr. Thomas Gillespy—this bill for 300l. was presented at our house for acceptance in the beginning of January, 1857—it is dated, Constantinople, September 25th, 1856—it is drawn by Mr. Ford on my father at 30 days' sight, and indorsed to the order of Mr. Joseph Ruscovitch—it was accepted and taken away from our counting-house the same day by the prisoner, and that was paid in the usual way—on 15th August, 1857, the prisoner called at the counting-house, and brought this bill for 460l. drawn by Mr. Ford on my father, payable at sight—(Read:"25th September, 1856. At 30 days' sight pay this first of exchange, the second unpaid, to order of Messrs. C. S. Hanson & Co., 300l. sterling, value received, which place to account of G. R. Ford."—"Constantinople, 3d August, 1857. At sight pay this first of exchange, the second unpaid, to the order of Messrs. C. S. Hanson & Co., 460l. sterling, value received, which place to the account of G. Raine Ford.—To Thomas Gillespy, Esq., Brabant-court, Philpot-lane, London, first for acceptance with Messrs. Hanson, Brothers & Co."—on the back was indorsed:—"Pay to the order of Mr. J. G. Copaduci, value received.—Constantinople, August 3d, 1857, Chas. S. Hanson & Co."—"Pay to order of Mr. Joseph Ruscovitch, value received. Trieste, 10th August, 1857, J. G. Copaduci.")—When the prisoner presented this bill for acceptance I wrote a cheque for the amount in the ordinary course—I attached it to the bill—the prisoner made some objection—it was a crossed cheque, and he said he wanted the money—I told him the cheque would not produce the money—I removed the cheque and accepted the bill, payable at Barclay & Co's., the bankers, and handed it over to him.
Prisoner. I was only once at his place—the second time I was not there—how do you know that it was me that was there the second time, because
the first time I was only a few seconds in your place, and there was something between you and me? you could not distinguish my features—I was not there the second time. Witness. I saw you the first time—there is a counter at which you stood—the second time I had conversation with you.
HENRY LUMSDALE GALE . I am a merchant at Constantinople—I was formerly assistant to Mr. Gabriel Raine Ford—he is dead—this bill of 300l. has Mr. Ford's signature to it; it is a genuine signature—the bill is in my handwriting—this bill for 460l. has the signature of Mr. Ford; it is not his handwriting—supposing this bill for 460l. to have been a genuine one, it could not have reached London by the 15th of August; had there been a mail, it could have reached London, but there was no mail then—this bill is dated the 3d of August, and could not have reached London by the 15th—if such a bill as this had been drawn at our office at Constantinople, I must have known it, I always drew the bills.
Prisoner. It might have reached London on the 12th.
Witness. If a mail had left on the 3d it might; but I know there was no mail for three or four days after the 3d of August.
FREDERICK WILKINSON . I am clerk to Hanson, Brothers & Co., of Great Winchester-street—I know the firm of Charles S. Hanson & Co. of Constantinople—I am conversant with their handwriting—this indorsement on the bill for 300l. is the indorsement of C. S. Hanson & Co.; this on the bill for 460l. is not the indorsement of C. S. Hanson; it appears to be an imitation, but, to a practised eye, it is not a good one.
WILLIAM ISAIAH DUTTSON . I am cashier to Messrs. Barclay's; I paid this bill for 460l. on 15th August, 1857; I should say about the middle of the day—I think I remember the person who presented it; I believe the prisoner to be the person—I paid it in four 50l. notes, No. 75,160 and Nos. 77,407-8-9, all dated the 9th of February; and 260l. in gold—the bill was first presented without the stamp on it, and I requested him to go and get one—I believe I fixed the stamp to it myself, seeing he was a foreigner.
Prisoner. Q. Are you sure it was me presented the bill? A. To the best of my belief it was; but I could not positively say so.
Prisoner. I am sure I have never seen this gentleman.
RICHARD ADYE BAILEY . I am a clerk in the accountant office in the Bank of England—I produce these four notes, which were described by the last witness—they were changed at the bank for gold on the 15th of August, 1857—on the face of each note is the indorsement of Joseph Ruscovitch, 41, Upper Charlotte-street, Fitzroy-square—the person who changed them wrote this.
ROBERT SIMPSON BAKEWELL . I am a merchant carrying on business in Great Tower-street, London. I knew the prisoner from the beginning of 1857—I saw him indorse this bill for 300l. in my presence—the receipt on the back of this bill for 460l. I believe to be the same handwriting—I believe the indorsement from Copaduci to Ruscovitch in blue ink to be his writing—I see the name of Joseph Ruscovitch, 41, Upper Charlotte-street, on the Bank of England notes—I believe that is the same handwriting—I knew him living at 4l. Charlotte-street, in the early part of 1857.
Prisoner. This gentleman only having seen my writing once, may not be sure of my writing—there are several who have known me at Constantinople who can judge of my handwriting better—if your Lordship will hand those bills to the Jury, by comparing the black writing and the blue writing they will see it is not the same.
have known the prisoner since he came to the boarding-house, 41, Charlotte-street—I have got letters from him—I think the receipt on this bill is his writing, to the best of my belief—the name and address on these bank notes in my opinion is the same handwriting.
Prisoner. This gentleman has had letters from me—if he will compare the writing diligently, he will see that they are not the same writing—compare them letter by letter, and then show them to the Jury.
Witness (looking at them). I still believe them to be the same handwriting.
Prisoner. On the bank-notes my address is written, 41, Charlotte-street, and at that time I did not live at that house, it was not my address.
LETITIA WAGNER . I live at 41, Upper Charlotte-street—the prisoner lived at that house—he left, according to my books, on 4th May, 1857; but I can only be guided by my books—he did not return to me after that.
WILLIAM WILLIAMS . I am an officer, connected with the English Consulate at Constantinople—the prisoner was given into my custody on this charge, on 30th July, at Constantinople—I conveyed him here, and handed him to a City-officer.
Prisoner's Defence. All this has been a machination by somebody else—when I came to London first, I had a bill of exchange for 300l. sterling—I had the first and second, and having received the money from Mr. Gillespy, I kept the duplicate, and wrote on it received by me, and my address; and after having left the house, 41, Charlotte-street, Fitzroy-square, I did not find that duplicate amongst my papers—I saw it was lost—I did not make any noise about it—I thought, having received the money, the duplicate was of no value—I therefore believe that somebody who has found the duplicate which I lost, has imitated it, and made the second bill for 460l.—I saw the bill at Constantinople, and I saw that the forged bill and the original bill was the same writing—when I had established myself at Constantinople, a gentleman came to my office, and, as he did not understand Turkish, he made a proposal that I should go to Beyroot to buy cotton for him, and he would supply me with money, and what I might gain we would divide between us—on the day I left he gave me no money, but gave me a bill of exchange for 1,000l. sterling, on the house of Hanson & Co., and when presented, they said they believed it was a forgery—they protested it, and so I went to Constantinople and gave the address of that gentleman, and the Turkish police could not find him. I was told he was in London; I therefore believe that he stands in connexion with that forged bill of exchange, because it may be seen from the bill of exchange for 1,000l., that it resembles the writing of this forged bill—all this might proceed from the duplicate of the bill of exchange which I have lost—I therefore protest against my imprisonment because I am entirely innocent, and I leave it to the Judge and jury to make such provision that I may defend myself further, because I have got no lawyer here in this country, and when leaving Constantinople they refused me to speak to my friends—I have got no money—I have been eight months without being able to speak to anybody—I was not allowed to see my own mother, and that was a barbarism.
GUILTY .— Six Years' Penal Servitude .
MESSRS. BODKIN and METCALFE conducted the Prosecution.
JOHN SAUNDERS . I am cashier at the London Joint-stock Bank. Mr. Goodered brought this cheque to the bank on 3d September, between 3 and 4 o'clock in the afternoon; it was in the same state in which it is now—this is not Mr. Jupp's handwriting—we sent an officer with Mr. Goodered in search of the prisoner, supposing this had been the writing of Mr. Jupp, and he had been in the habit of drawing in this form—if I had believed this to be genuine, I should have paid it.
Cross-examined by MR. SLEIGH. Q. This is on a shilling stamp? A. It is—we are not often in the habit of having cheques on shilling stamps; we have had them; we have received them in all manner of irregularity—this is a crossing on it; in the absence of any other direction, this would do to direct to the bank—it is not necessary that the direction should be in any particular spot—looking at this, it is to pay to the London Joint-stock Bank—I never paid a cheque drawn in this form by Mr. Jupp, certainly not.
COURT. Q. Have you paid cheques in this form? A. Yes.
WILLIAM HENRY GOODERED . I am a wine merchant—I presented this order to the London Joint-stock Bank on 3d September—in consequence of what they said, I went with an officer in search of the prisoner—I obtained this cheque from the prisoner, merely as a charge; he gave it me to take care of on the Wednesday evening, before I went to the bank—he gave it me at 222, Piccadilly—on the following day, he asked me if I had been to the bank to obtain the money for that cheque—I told him I had not, I did not understand that I was to present the cheque—he said I had better do so on the following day, and he gave me to understand that he would meet me on the following day, I presume after I came from the bank—having heard what Mr. Saunders stated, I went in search of the prisoner with an officer—I found him at 222, Piccadilly—I asked him if he had given me such a draft to that amount, and the bank it was drawn upon—he said he had, stating the amount, 85l., and the bank—I left him with the officer.
Cross-examined. Q. He had been in the habit of attending this saloon, 222, Piccadilly, some years ago, and you knew him to be a young man of respectable family? A. I always understood so—I knew he was very liberal, not getting intoxicated frequently—on the night when he asked me if I had been to the bank he was evidently very much excited by drink—when he came to the saloon he was the worse for drink—he came staggering in, and asked if I had got the money, and said, "Go to-morrow and get it"—I had on former occasions lent him money, and I would again, if he had asked me—I don't know that I would have lent him 50l., I would have given him credit to the amount of 30l.—the next day, when he was given in custody, I saw him come out of a cab, in Piccadilly; I could not say that he was the worse for liquor—he appeared excited, and in a hurry.
MR. METCALFE. Q. You were superintending the saloon at this time? A. Yes.
JOHN SPITTLE . I am a detective officer of the City—I went on 3d September with the last witness to Piccadilly—I saw the prisoner about to enter the saloon—I heard the prisoner first say, "Have you been there, Mr. Goodered?"—I heard Mr. Goodered say, "Yes; did you send me to the London Joint-stock Bank, with a draft or a cheque?"—the prisoner said, "Yes"—I then asked the prisoner the amount, and he said 85l.—I then showed him this draft and asked him whether it was his writing; he said, "Yes"—I told him I was a police-officer, and I arrested him on a charge of
having intended to defraud the London Joint-stock Bank—I took him into a cab, and, on the way to the station, I asked him how he became possessed of the cheque; he said it was received in a letter from his cousin on the Tuesday before—I asked him whether he had the letter; he said, no, he had destroyed it—I asked him when he gave the draft to Mr. Goodered; he said, on the Wednesday night, the day after he received it.
Cross-examined. Q. I think you searched him? A. Yes; I found on him several certificates of having served in Her Majesty's navy—these are them—I told him I was a police-officer—he gave me the information without hesitation.
EDWARD BASIL JUPP . My business is carried on at Carpenter's-hall—I live at Blackheath—I know the prisoner, his grandfather was my uncle—I have an account at the London Joint-stock Bank—this cheque was not drawn by me, certainly not.
Cross-examined. Q. Is this young man entitled to considerable property? A. Yes, about 800l. under his grandfather's will—he has been in the merchant service, and also in Her Majesty's service; when this cheque was drawn he had a small sum of money of mine in his hand—I should think I had not seen him for a year and a half—he has led an adventurous life—he was fond of roving about the world—I never drew a cheque in the form that this is, certainly not.
MR. METCALFE. Q. Had he any reason to suppose he might draw this cheque in your name? A. Certainly not.
The prisoner's statement before the Magistrate was here read as follow:—"I admit the cheque being my writing, but I deny any intention to defraud the banking company."
GUILTY of uttering. —Recommended to mercy by the prosecutor.— Confined Twelve Months .
GUILTY .— Confined Two Years .
THIRD COURT.—Thursday, September 23d, 1858.
PRESENT—Mr. Ald. CUBITT; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
EDWIN DAWSON . I am a van-boy in the service of Messrs. Chaplin & Horne—I am the prisoner's van-boy—I have been so six or seven months, as long as he has been in the service—Messrs. Chaplin & Horne keep their vans at Hambro'-wharf—the prisoner has two chestnut horses which he always drives, except now and then he has another horse—they are the only two chestnut horses at the wharf—my duty, of a morning is to help him
clean the horses and get them out—I go to Hambro'-wharf for that purpose at 6 o'clock, and sometimes 5, and meet him at the wool-warehouses with them in the van. On 7th August I went to Hambro'-wharf as usual at ten minutes to 6, and saw the prisoner coming out with van No. 2 and the two chestnut horses—I had never known him do that before while we were at wool-work, I have when we have been going a great distance, but never when we were only going to Haydon-square—he drove up to the corner of Garlick-hill and hallooed to me—I was just coming out of a public-house—I was going to get into the van, and he said I need not go with him there, I could go and get my breakfast, and meet him at 8 o'clock at Haydon-square—he went on in the direction of Haydon-square—you can go in at one side of Haydon-square from the Minories—I went to Haydon-square at five minutes past 7, and he was not there—No. 2 van was there, but there were no horses in it—I remained there, and between 8 and 9 o'clock the prisoner brought in an empty van with his chestnut horses and told me that one of them had got a shoe off—they were rather in a sweat—I asked him where he had been, and he said, "To the London Docks after this empty van"—it is not at all usual to send down two horses to fetch an empty van—one of us would stop at the warehouse with one horse, while the other would go to the Docks with the other—the van which he fetched from the Docks was one which he had left there on the Thursday before, there being no load then—he left me between 9 and 10 o'clock, and between 10 and 11 he came back to Haydon-square—he did not remain long away, only while I was loading—he got on the van for about ten minutes and then went away—I saw him again about a quarter-past 11, and he took the van of wool away, and drove it from Brown and Eagle's premises in the square—I saw him again between 1 and 2 o'clock, having his dinner—it was not his duty to have been away during that time—I saw him again between 3 and 4 o'clock at the warehouses, and he took a load away—he told me in the afternoon to fetch a van from another part of the warehouses, and I did so—he then went away—I saw him again just before 6—he ought not to have been absent between those times.
Cross-examined by MR. ORRIDGE. Q. Did you know all the business that was to have been done that day? A. No, I do not know what orders he had received from any foreman, but I know he ought to have been with me—there are a great many horses at Hambro'-wharf, and there are other chestnut horses, but this is the only pair of chestnut horses—there are two or three others, but they never go together, only this pair—on the Thursday when I was at the London Docks I could not get a load, so I left the van there and came away—if it had been loaded it would have been necessary to have had a pair of horses to bring it back—we have to take our turns in loading at the London Docks, and the earlier we get there the better turn we get—the orders are given to the driver of the van, not to me, and if he does not choose to tell me what orders he has, I know nothing—it is nearly half-a-mile from the London Docks to Haydon-square—it takes a quarter of an hour or twenty minutes to go with the van, but that depends on the state of the streets; there is sometimes a stoppage at that time of the morning—I did not follow the van, and cannot tell what stoppages he had.
MR. ROBINSON. Q. Do you know whether any orders had been given to the prisoner over night? A. A man told us, the prisoner and myself, to be at Haydon-square at 7 o'clock with the van—it is not necessary to take a turn when we fetch an empty van back—it is my duty to be with the prisoner when we go to the Docks.
MR. ORRIDGE. Q. Have you ever gone to your breakfast before, leaving him to take a turn? A. Sometimes, but not for two hours—I do not know whether I have always done my duty.
MR. ROBINSON. Q. Is there a time called the "wooling" time, when the wool sales are on? A. Yes—I have never before known the prisoner leave me for two hours before when we were at wool-work, telling me to get my breakfast.
JAMES DAVEY . I am horsekeeper at Hambro'-wharf—I generally go there about half-past 5. On August 7th I saw Dawson come out of the Brown Bear—the prisoner was there before I got there, harnessing one of Cordery's horses—that was not usual, but he said that Cordery and he had to be at Brown and Eagle's early that morning—his own horses were in the other stable—I believe they were harnessed, but I did not go to see—at eleven or twelve minutes before 6 o'clock I saw him take away his van with the chestnut horses—I did not see Cordery go away, but he had his horses out in the yard—I saw Cordery's boy about half-past 6—they sometimes go away without their boys—the boys are not always there.
Cross-examined. Q. What is Cordery's boy's name? A. Deacon—Cordery has a brother in the service—it is the brother who has been charged, Henry Cordery—it is not so unusual a thing for a man to go out without his boy that I thought it necessary to interfere—I did not see Cordery drive the horses out—his waggon came—Smith's is a van team—they have to take turns at Brown and Eagle's, and the more vans that go the better—if they had an empty van in the London Docks it would be a very good thing to get it—I have been there thirteen or fourteen years.
JOB EMERY . I am night-watchman at Hambro'-wharf—I was there from this Friday night at 8 o'clock, till Saturday morning, 7th August, at 8 o'clock—the prisoner came there at 5 o'clock—it was not usual for him to come at that time—I saw him go away with a van and his chestnut horses—there are no other chestnut horses like his there—I never knew him to come by himself at that time in the morning; I thought it rather singular—he left at a quarter to 6—the van he took away was No. 2—I was not examined before the Magistrate.
Cross-examined. Q. How many times was the prisoner examined at the police-court? A. Three times—I mentioned what I had seen to the solicitors—I forget the date, but it was previous to the second examination—I do not believe the men ever go without their boys; they may—the prisoner has never gone without his boy before at that time in the morning—I knew his boy.
WILLIAM CHANDLER . I am a loader of wool at Messrs. Pickford's, and know the prisoner. On Saturday, August 7th, he came at half-past 6 o'clock—I was in a corner of the warehouse in Aldgate-yard—I had seen a load of wool there on the Thursday night, drawn up with the pole towards Aldgate, without any horses; that was about half-past 6—there was a company's sheet covered over it—I saw the prisoner drive the load out at half-past 6 with a pair of chestnut horses, which bore round to the right, but I could not see which way they went—they were the horses he usually drove—they were going in a direction which, if they had continued, they would have come to Shoreditch Church—the van was No. 90.
Cross-examined. Q. Are you quite sure about the time? A. Yes, within three or four minutes—I went to work at 6 o'clock—it was a quarter-past 6 when I went out first, and I went back for my hook which I had forgotten, and this Cordery was in the yard binding his load, and another man,
Charlie, who works for the Great Northern—that was not while I went back for my hook—I was going up to the counting-house, and saw the prisoner on the van—all this took five minutes—I know the time because I saw the clock—it was not half-past 6—I have known the prisoner three or four months—he did not come up and speak to me when Cordery was there—he had gone out of the yard—the van was about a rod from where I was standing—I saw him on the box, and said, "Charlie, Chaplin's people are going to block up all the holes to-day, but we will see who will get the load first."
MR. ROBINSON. Q. How long did you see Cordery there? A. Twenty minutes altogether; he went out directly after the prisoner.
WILLIAM PREECE . I am a carman in the service of Messrs. Pickford—on Saturday, 7th August, I was in the Back-road, St. George's-in-the-East, driving a pair-horse van, with two hogsheads of sugar—I saw a van of Chaplin and Horne's, about 8 o'clock in the morning, loaded with wool, and covered with a company's sheet, which attracted my attention, as the orders are that no sheet shall leave the premises without an order—it was just going across Cannon-street-road—going from Aldgate, passing Whitechapel Church, you would turn to the right, and that would lead you down Cannon-street-road, which runs into Backchurch-lane, at the end of it—the first time I saw the van it was beyond Cannon-street, more towards the City—I do not know whether it came down Cannon-street or not—it was in the same road as I was going—I am not aware that it is usual to see vans of wool in that neighbourhood—there are no wool-houses that way, and no wool is landed on this side of the water below there—a man whom I do not know was driving, and the prisoner was walking ten or twelve yards before the load; he was in working condition, and had something on his arm—I have identified the load since, but I did not notice the number of the van; Mr. Gale asked me which was the load, and I picked it out from a number of others; that was two or three days afterwards, I think.
Cross-examined. Q. Had you known the prisoner? A. I did not know his name, but I had seen him before, and knew him to be a carman at Chaplin & Horne's—where I saw the wool was more than half a mile from Haydon-square; it would take about a quarter of an hour to go there from Haydon-square—the covering was of black cloth, belonging to the London and North-Western Company; it was regularly tied across the waggon, but was not large enough to cover the end—I have carted some thousands of bales of wool—I have been seven years and three months in Messrs. Pickford's employment.
MR. ROBINSON. Q. How long have you known the prisoner? A. I have seen him for six or seven months; he formerly used to drive a three-horse waggon.
CHARLES WILLIAM ROTHERHAM . I was servant to Mr. Hodges, of Frederick-street, which turns out of the Back-road; it is at the back of the New-road; you turn out of Christian-street into Thomas-street, and then into Frederick-street; it is not a quiet street, a rough set of people live in it; there are arches there, where there are nothing else but carts and horses, and on the other side there are small houses—on Saturday morning, 7th August, I saw a van of wool by the railway-arches in Fredrick-street; it was by Mr. Hodges'; it was covered with a tarpaulin—I believe the prisoner is the man who took the horses away; but I will not
swear to him, though I spoke to him—they were going to leave it against an arch of Mr. Johnson's, and I said, "You cannot leave it there; a lad wants to get a chaise out of there;" and then they pulled it alongside the dead wall close by, and took the horses out—I believe the prisoner is the man who got on the horse's back, and went away with them directly—it was between half-past 7 and 8 o'clock—they were chestnut horses; I have since seen them in Haydon-square; Mr. Jones took me round, and I picked them out from a great number of other horses; there is a scar on the horse's leg that the man rode on—the van of wool was left there.
Cross-examined. Q. Were the horses a good match? A. Yes; they were a pair—I know the time, because I went to work about a quarter-past 7, and it was not very long before I saw the man—there were two men—a short man stopped there two or three minutes after they took the horses away—one had a fustian jacket and a low pair of shoes; that was the man that stopped, and the other was similar—I next saw the prisoner at the Mansion House; Mr. Bassett took me and asked me if that was the man; he was then in custody; I do not swear to him.
JOHN RAMSONE . I am a smith, and live at the corner of Frederick-street—I was at work on the morning of 7th August, and saw a van of wool pass my place—I only saw one man—my vice is about eight feet from where the horses were pulled up—it was about half-past 7 o'clock—they were a pair of chestnut horses—the street is a considerable rise, and the carman who was on the box flogged the horses severely, although they were doing all that horses could do; and I hallooed out to him, and said that they were no gibs, they came from the county; Suffolk—I said, "Do not flog them any more, because they cannot do what is impossible;" and then they got two other horses and got it up—I afterwards picked out the two horses at Haydon-square, in the presence of Mr. Jones.
Cross-examined. Q. Were the horses in good condition? A. Yes; I do not think they would have shown the marks of the beating half-an-hour after; but they were so distressed that, after I had spoken, the man gave over trying, and put on another pair.
MR. ROBINSON. Q. Did you see any shoe off? A. Yes; I am not certain from which foot, or whether he threw it in driving or not.
HENRY JONES . I am foreman at Chaplin and Horne's, Haydon-square—my duty is to superintend the removal and departure of vans—I received information, and missed a van-load of wool, which I had seen safe between 7 and 8 the previous night in Aldgate-yard; it was No. 90, and was covered with a London and North-Western sheet—I made enquiries, took some horses to Frederick-street, found the van by the railway-arches, and brought it back with the load complete—that is not a place where a load of wool ought to be; there are nothing but railway-arches, marine-store dealers, and stables—no orders had been issued to the prisoner, or anybody else, to my knowledge, to take that load away; he had no right to take it without special directions—the wool was worth 400l.—the chestnut horses were always driven by the prisoner—his driving a load, with his own horses, would not excite suspicion; another person driving his horses would not excite suspicion, if it was seen that the man belonged to Chaplin & Horne's also—I got there on the 7th, between 7 and 8 o'clock; the prisoner was not there; it was his duty to have been there—it was not his duty to take a pair of horses to the London Docks to fetch away an empty
van, without instructions, and they generally only take one horse—there was no necessity to bring up the empty van, as he had a van which he had brought from Hambro'-wharf—when I went between 7 and 8 o'clock, I saw No. 2 van there, and the boy was with it—the prisoner ought to have been there, and come to me for instructions, as the wool-partner was away—he did not come, and I did not see him till between 9 and 10—I took Rotherham to look at the horses, and he selected the two chestnut ones, which were the prisoner's; he passed lots before he came to them—Ramsone also walked through the premises with me and pointed them out—the prisoner told me about 10 o'clock that he had got a shoe off one of his horses, and asked if he should take it to our farrier or to Sheffield-yard, Minories; I said to Sheffield-yard, and he took it there.
Cross-examined. Q. How long had the wool foreman been away? A. Two or three days—Mr. Rowden, who also gives orders, is here—nobody else gives orders—there are a great number of vans—I always know what vans are at the Docks—it is important that the men should get their turn at the Docks—if the prisoner went down to the Docks for a van which had been left there all night, he should have left one horse in the van he had brought from Hambro'-wharf—that is the general custom; but sometimes the men may have done otherwise—the vans at the London Docks would be there for the purpose of loading—if a van had been loaded at the London Docks, it would have been drawn away over night—I should expect the prisoner, if he had been going down for a loaded van, to take a pair of horses, and if there was no load he would bring the van—it is not a customary thing for the men to lend horses—they may lend a pair if a party gets stuck in the street: carmen assist one another—I have never heard of a man lending his master's horses for a job without the driver being with them—he would be dismissed for such a serious offence—I have the engaging of the men, but I did not engage the prisoner—we do not engage men without a character—George Cordery has been there several years, off and on—he is here; I have seen him outside—there are a great many more in the employ—I had not given orders about the removal of any wool that morning, nor had any one that I know—there was nobody there besides myself to give orders—there was plenty of wool to be collected—the prisoner would have his instructions for that the night before—seven or eight van-loads of wool were brought into the premises in the course of that morning—van No. 90 was there all night—these vans were there ready to be moved—they were waiting as there was more important duty to do.
MR. ROBINSON. Q. Is Cordery discharged now? A. Yes—there was no address on the wool, but the prisoner had to take a book with him to get signed—the way to get a turn at the London Docks would not be to bring the van away.
THOMAS RODEN . I am a foreman at Haydon-square—I saw to the loading of these bales of wool, No. 96, and saw it safe at 8 o'clock on Friday night; there were no horses in the van—I saw it again at 6 in the morning, and it was in the same state then—I should have to give the man who removed it a book, and he would not know, where to take it to without my directions—I gave no directions about it, but heard of the loss of it at 4 o'clock—Mr. Chaplin's name is William James; he has one partner.
Cross-examined. Q. Had you given any directions about any of the wool? A. Yes; to some of our carmen, I cannot now recollect who—there are twelve carmen—there were five or six vans of wool that morning—I gave
no directions to the prisoner to remove any wool; he was not in my department.
CORNELIUS BASSETT (City policeman). I went with the officer Smith to the prisoner's house on Sunday, 8th August—I told him that we were police-officers and that he must consider himself in custody, charged with stealing a van-load of wool from a yard in Aldgate—he said, "Very well"—I said that we wished to know how he spent his time between 6 and 8 o'clock on the morning previous—he said that he went at 6 o'clock to fetch his horse and van from Hambro'-wharf, took them to Brown and Eagle's in Haydon-square, and remained there loading till half-past 8 o'clock, and then went to the London Docks to fetch an empty van—I said, "Where were your horses?" he said, "They were in the van with me the whole of the time"—he afterwards said that he should not have gone to the London Docks so soon, had he known it had been so early.
WILLIAM SMITH (City policeman.)I was with Bassett; I walked with the prisoner along the Kent-road, and Bassett walked with Mr. Rowden, who was behind—I said to the prisoner, "Well, you must account for your time;" he said, "I was at Brown and Eagle's till about half-past 7; I then went to the London Docks; I took the two horses to the London Docks"—I said, "What did you go there for?" he said, "A job for myself"—I said, "What was that?" he said, "I went to secure a van"—I said, "Were you sent?" he said, "Yes; we are allowed to go; when we want vans we go and fetch them on purpose to take a turn."
Cross-examined. Q. Did he say that he had not received instructions to go there? A. Yes; afterwards, when we were on the top of an omnibus, I said something to Mr. Rowden which the prisoner did not hear, and then I said to the prisoner, "Did you receive any orders from anybody?" he said, "Yes; I received orders the previous evening from Mr. Strickland."
The prisoner received a good character.
— GUILTY .— Confined Eighteen Months.
899. JOHN MORRIS (20), JEREMIAH KELLY (22), MARY FALLOW (29), CATHERINE PERRY (40), and CATHERINE COSTELLO (31) , Robbery on James Caley, and stealing from his person 1 bag and 9s. in money, his property.
MR. COOPER conducted the Prosecution.
JAMES CALEY . I am a costermonger, of 9, Bolton-gardens, Queen's-road, Chelsea—I have been in Chelsea 35 years—on this night I went to the General Elliott public-house to fetch my wife home—I had 8s. in copper, two sixpences, and this bag in my pocket—the public-house was about 30 yards from my house—on entering it I saw the prisoners—about 5 minutes after I entered, Kelly hit me on the face with his fist, which knocked me down in the tap-room, which goes right back—my wife was there—I got kicked and was pretty nigh insensible—Morris took my purse from my pocket and handed it to Fallow—I did not see Costello do anything to me, but I saw her holding my wife's hands—I then became quite unsensed—I afterwards recovered my senses; my wife was still there, but she was all over blood—a policeman came in, and I gave the prisoners in charge.
Morris. Q. Did you see me take the money from your pocket? A. No, but I saw you hand it to Fallow.
Kelly. Q. If I knocked you down senseless, how could you see the money taken? A. I was only insensible about two minutes.
public-house, and had been drinking with Fallow—I have known her this two years—I do not know what she is—I had a share of some porter with her—the male prisoners were there—my husband came in, and Kelly knocked him down and kicked him—Mrs. Fallow was sitting at the table with me, and I asked her to call "Police;" but she jumped up on the table, and Perry held my hands while Fallow beat me in the face and in the back of my neck, till the blood came out of my ears—I had told Fallow when she got across the table that she had my husband's jacket in one hand and money in the other—I swear that—it was on that account that she got on the table and beat me—I had only had one pot of porter with Fallow—I had had a little gin with her on the same day, but I was perfectly sober.
Fallow. Q. Were you not drinking on Tuesday with this young man and John Sullivan, and did not your husband come and strike you violently in the street? A. No, nor did I go up a yard, and throw a pail of water at the window, because my husband had shut himself in—I was not taken to the waterbutt and washed by Costello—I know nothing of her—I was taken to the hospital.
Costello. Q. Did not I wash your face in the waterbutt? A. After Fallow beat me, you did.
PETER SMITH (Policeman, B 277). About 9 o'clock, I was called by the landlord of the General Elliott, and took Morris into custody for stealing 9s. and a purse—he said, "I will go with you anywhere, for I am innocent of the crime"—I afterwards went and saw the three women in the Rose and Crown—they had been present at the General Elliott, but went away—Fallow had a quartern of gin in her hand—the prosecutor went with us to the station—I told the prisoners the charge, and they denied it—I afterwards took Costello, and told her that she was connected with a party in robbing Caley of 9s.; she denied it—while they were waiting to be searched, I heard Costello say to Fallow, "If you do not be quiet, I shall tell"—I called the attention of No. 184 to that—she then said, "Did not you have a boot and tear it up, and throw it away?" I believe that was a boot which the woman lost—she then said, "Did not you have the money and the bag?" and Fallow said, "Did not you have a share of it?"—4d. was found on Costello, and I believe 7d. on Perry—nothing was found on the male prisoners.
THOMAS MAMSELL . I am a costermonger, of 9, Jubilee-court, Chelsea—I saw a great many people outside the General Elliott, and saw the constables bring out Kelly and Morris—I went into the taproom, and saw the female prisoners—I saw Fallow take some money from her pocket, and give it to Perry—I could not see what it was, but I saw coppers and two sixpences—they were all three together, and Costello must have seen that.
JOSEPH NEW . I am a costermonger, of 7, Jubilee-court—I was at the General Elliott, but went out when the row began—there was a fight inside, but I cannot say who it was fighting—I afterwards saw the female prisoners go to a public-house near Chelsea College—Fallow called for sixpenny-worth of gin—they then all three went to Turk's-row, against a lamp-post, where Perry counted a lot of copper money, and gave Mrs. Fallow some—Costello was standing quite close to them.
Fallow. You are a convicted thief, for stealing a pair of boots, and have just come out. Witness. I have never been in prison for thieving, and was never taken up.
the taproom—a man named Caley went up after them—I went into the taproom, and saw Fallow beating the prosecutor's wife violently—I called a constable.
Fallow. Q. Did not he beat his wife in your passage? A. I did not see it.
Morris's Defence. I was drinking with Mrs. Caley for the last three weeks, and her husband came and knocked her down—Kelly pulled off his jacket, and struck him in the eye—Kelly was on the ground half an hour.
Kelly's Defence. Caley wanted his wife to go home, and began getting her out—he said, "This is all through you, Jemmy, you are keeping my wife out"—he said, "I mean fighting you"—I said, "You do not;" and he struck me on the eye, and threw me on the ground—there were twenty men and women in the taproom, who got me off—I and the prosecutor fought for half an hour—whether he lost his money or not has nothing to do with me—he took his jacket off and threw it down, and if that had been lost I should have been charged with stealing it—he is a convicted thief, and his wife has only been three days out of prison.
Fallow's Defence. She came to the Coach and Horses, and treated these women to some brandy—her husband came in and struck her violently in the face—we went to the General Elliott, and she followed us—we then went to another public-house to hear a song, and Mrs. Caley walked in and began to dance and join in with the song—her husband came in and struck her under the ear—I said, "Bobby, you have struck her enough, do not strike her more"—and he then threw down his jacket to fight—the woman tore my new frock—Perry tried to liberate her hands from my hair, and she put her finger in her mouth.
Perry's Defence. I was slightly under the influence of drink, and the first thing I saw was that woman, with her hands in Fallow's hair, tearing her dress off.
MRS. CALEY (re-examined). I lost a boot.
KELLY— GUILTY .**†— Four Years' Penal Servitude .
FALLOW— GUILTY .— Confined Twelve Months.
PERRY— GUILTY *— Confined Twelve Months.
COSTELLO— GUILTY .— Confined Twelve Months.
MORRIS— GUILTY . He was further charged with having been before convicted.
GUILTY.**— Confined Eighteen Months.
Before Mr. Recorder.
(See the case of Robert Mansfield, Tenth Session, page 353).
MR. COLERIDGE conducted the Prosecution.
company with Serjeant Franklin to the prisoner's house. Franklin asked him if he had got a small box in his possession, a portion of the property that was stolen—he at first denied it; he said he had nothing at all, and he knew nothing about the robbery—we threatened to search the house—he then rose from his chair, went to the back-room, and from the top of the corner cupboard he took this box and gave it into my charge—I then took him into custody.
Cross-examined by MR. COOPER. Q. You have known him for some years have you not? A. Yes; I have not known anything against him.
ELIZA RUSSELL DURANT . I am nurse to Mr. Masterman, of Waltham-stow—on 17th July, the family left home—we left the articles stated, in a drawer; the drawer was not locked, but a piece of paper was pasted over the lock—that would have to be broken in order to open the drawer—I saw it safe the day we left—the house was to undergo some repairs.
ROBERT MANSFIELD (a prisoner). I was at work at Mr. Masterman's house, in July last—the prisoner was there also—I found these things in the drawer—I told Cole about it, and asked him outside whether he would take them if I brought them out—he said he would, and I gave them to him—the drawer was not locked or fastened, there was only a piece of paper on it—I did not break the paper—I pulled the drawer open, and the paper came off—Cole is a painter—I am a shoemaker by trade, but I was working as a painter's labourer then—we used to lock the house when we went away at night—Cole did not see me take the articles—I took them out of the drawer; he had the scent-box—I told him where I got the things from—I pleaded guilty to this charge last session.
NOT GUILTY .
901. RICHARD SIDWAY (13) , Burglary in the dwelling-house of William Boyd, at West Ham, and stealing 1 breast-pin, 1 purse, and 4s. 8d. in money, his property, and 1 brooch, 1 tortoise-shell, and 1 table-mat, value 11s., of Mrs. Pearce; to which he
PLEADED GUILTY .— Judgment respited .
MR. AUSTEN conducted the Prosecution.
GEORGE MEARS . I am the son of William Mears of Wanstead. On the evening of 20th August, I was at home, and my brother told me something. I went to where the geese were, and saw a man named Adams killing them, and the prisoner standing with a stick in his hand, keeping them in a ditch—the men escaped, and I followed them—the prisoner had a sack on his shoulder, which I saw him throw into some bushes—I picked it up and found a goose, which I knew belonged to my father—I went to the police-station and charged the prisoner.
Prisoner. You never saw me with a sack. Witness. Yes; I know you well, and saw you take them—I am sure you are the man.
MARY ANN MEARS . I am the wife of William Mears. On 20th August, in the evening, in consequence of information from my son, I went after him to the forest and missed three geese—I met my son, and we followed the prisoner who was carrying a bag—a man, who is not taken, was with him—they were walking very fast—we got near enough to speak to them, and I
said, "Take that bag off your back and turn my geese out; you have three geese belonging to me"—he then went off, and I went to give information to the police.
SAMUEL MEARS . I am a son of William Mears—about 6 o'clock in the afternoon of 20th August I was in the forest minding my mother's geese, and saw three men killing them—the prisoner is one of them—I ran and called my mother.
Prisoner. You never saw me killing them. Witness. You were keeping them in the hollow, while the other men killed them.
Prisoner's Defence. I was not there.
GUILTY .— Confined Six Months.
ANN CAMPLIN . I am the wife of Thomas Camplin, a draper of West Ham—last Saturday week, in the evening, I was standing at my shop door, and saw the prisoner make towards a box which was outside the door, take a bundle off, and run away—I called to my husband—I caught hold of the prisoner's arm, and got it from him—I saw him again a quarter or half an hour afterwards—I knew him well by sight.
PENELOPE WARING . I live at West Ham—I was talking to Mrs. Camplin at her shop door, and presently she stepped across, took hold of the prisoner's arm, and said, "This is not the first thing you have taken"—he ran away leaving her with the bundle—I am sure he is the person—I have seen him before.
THOMAS COLLINS (Policeman, K 74). I received information from Mrs. Camplin at half-past 11 o'clock—she told me the prisoner's name, and I took him in custody, and took him to her—he said that they were quite wrong.
Prisoner's Defence. I am not guilty—I was in the shop that night and bought a halfpenny-worth of thread, and some needles; so they might have seen me.
GUILTY .*— Confined Six Months.
HENRY LIDD . I am constable of the Victoria Dock Company—I was on duty in plain clothes at West Ham, on 14th September, and saw the prisoner going towards the iron bridge—I stopped him, and asked what he had got—he said, something a man had given him—I found he had got 74lbs. of lead wrapped up in a handkerchief—I took him into the Dock, and then he said he saw this lead in a hole, and he took a portion of it—we have missed 230 feet of lead from the roof of the building—I have compared this lead found on the prisoner with the place where it was taken off; it is part and portion of it; the nail-holes correspond exactly—the prisoner was in the employ of the Dock Company occasionally, as a labourer.
Prisoner. He asked me what I had got, and I said I saw it in the meadow, and went and took a part of it—he said, "Is that the best account you can give of it?"—I said, "It is true."
WILLIAM BROMLEY . I am in the employ of the company, as a carpenter—I am not aware that the prisoner was in their employ; he was not in my department—I compared this lead with the roof—under the roof was a gutter, and three planks had been taken up, and the lead taken since the last rain, which had been about a week before 14th September.
Prisoner's Defence. I was coming from Woolwich; I saw some men doing something, and I saw this lead—I had not got any money, and I went and
took a piece—I met this man; he asked what I had got—I told him, and he took me in custody.
GUILTY of Stealing only— Confined Six Months.
MR. ORRIDGE conducted the Prosecution.
GEORGE PERRY . I am a confectioner, of Rutland-street, Nine Elms. On 28th August, I was at the Rising Sun public-house, East Ham, about 2 o'clock—my cart was there—I had a shawl in my cart, on the box that I had been sitting on—I went into the public-house, leaving the shawl safe on the box—I was in the house about five minutes, and when I came out I missed the shawl—I had seen the prisoner there, and his cart standing close to mine—there were other carts standing some distance in the road—I followed the prisoner's cart; I came up with him about 100 yards off, there were two carts, his and his mate's—I went to the first man, and asked if he had seen a shawl—he said no, he had not seen anything of the kind—I then went to the prisoner, who pretended to be asleep, and I saw my shawl under the nosebag—I said, "You have got my shawl"—he said, "Does it belong to you?"—I said, "You know it does not belong to you"—I took it, and gave him into custody.
Cross-examined by MR. PEARCE. Q. Was this van you were driving for selling biscuits with which licensed victuallers are supplied? A. Yes—there were a number of vehicles at the Rising Sun; there were some at the trough—I know they were the carters of Mr. Hill, the brickmaker at Ilford—I came up to the hinder cart first, and in the first cart I saw my shawl and the nosebag—I could only see a bit of the fringe of the shawl, he had a bag on the top of it; he was going towards Ilford—he gave me the shawl—he did not say that, not having met a policeman on the road, he was going to take it to the station, and give it up—I followed him a little way; we met a policeman, and he was given into custody—he was taken before the Magistrate, and let out on bail.
JURY. Q. Was it possible you might pull the shawl out when you got out? A. No, when I got out, I saw it safe on the seat; there was only room for one person on the box.
Cross-examined. Q. Did you know of his living with Mr. Hill? A. Yes, I have known him about four years—I knew of his going back to his work, and Mr. Hill's foreman is his bail—I do not know anything against his character.
The prisoner received a good character— NOT GUILTY .
PLEADED GUILTY to stealing the ring — Confined Nine Months .
HARRIET PEARCE On Saturday night, the last day of July, the prisoner came to me—I took my earrings out of my ears and put them on the chimney-piece—the prisoner got up in the morning and took them away—he
said he was going to the dock, and on the Monday morning he was going to be paid off 40l. 9s. 6d.—I did not see him take the earrings, but I put them on the mantel-piece, and when I got up they were gone—there was no one else to take them—they were there when I went to bed.
Prisoner. Q. You put the earrings in my ears. A. No, I did not—you did not come back to my place and stay till Monday; you went away from my place on Sunday morning, and I never saw you more.
ELLEN CHATTERWAY . I know the prisoner—he was with me one Friday night five or six weeks ago—he said he had no money, and gave me his trowsers to pawn—the next morning, he gave me these earrings; he said he gave 7s. for them—I pawned them for 6d.
Prisoner. You took me to your place; I said I had no money; you said, "Never mind"—when I got up in the morning, I missed my boots and my clothes, and you gave me the duplicates and said, if I was not satisfied you would kick me out of the place—I did not give you these earrings, you took them from me.
JAMES GRAY (Policeman, K 265). I took the prisoner on 30th August—I told him he was charged with stealing a pair of gold earrings—he said he did not steal them; he had had them, and they were at a pawn-shop, he had given them to a girl—these are them.
Prisoner's Defence. She put the earrings into my ears, and I went to a coffee-shop for my breakfast; I did not steal them—I stayed there till Monday morning.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .*— Judgment Respited .
PLEADED GUILTY .—Recommended to mercy by the Prosecutor.—
Confined Six Months.
PLEADED GUILTY .**— Three Years' Penal Servitude .
911. MARIA WEBSTER GOSLING (13) , Stealing 1 pair of bracelets and 1 locket, value 10s., of James Pogue her master; also, 1 brooch and other articles, value 1l. 10s., of Alfred Borruff, her master; to which she
PLEADED GUILTY .—The prosecutor recommended her to mercy and engaged to take her again into his service.— Confined One Day .
MR. LILLEY conducted the Prosecution.
JOHN CORNISH . I am a private in the Royal Marines—on Thursday, 19th August, I was in the North Woolwich Gardens in company with my wife—at the finish of the fireworks, about half-past 10 o'clock, I saw the
prisoner lounging against me and I heard the ring of my watch snap—I put my hand down to the guard and my watch was gone—I directly collared the prisoner with my right hand and saw him pass the watch to some other man—I will swear I saw the watch in the prisoner's hand—the man to whom he passed it, made away—I could not make it convenient to catch him—I think there were three or four in a gang—I asked the prisoner for my watch and said he had stolen it; he said that he had not got it, that the other man had got it—I know it was safe not two minutes before I heard the snap.
Cross-examined by MR. RIBTON. Q. What time was it? A. About half-past 10 o'clock—there was a great crowd—the woman had just come off the rope; she had been walking on it to a considerable height, all the people were looking at her—I was making my way out—it is not a narrow passage that you come out at, it is a large open space—there is not a door or an exit to which you come—there are a great many footpaths—there was a great light—the blue lights and the lamps were alight in the garden—the prisoner was lounging against me—I was not lounging against any one in particular—I had not been taking gin and water or brandy and water—I cannot be mistaken.
MR. RIBTON here withdrew from the Defence.
GUILTY .*— Confined Six Months.
JAMES PARDON (Policeman, R 64). At half-past 3 o'clock in the morning of 20th August, I saw the prisoner in Wellington-street, Deptford, about 100 yards from the prosecutor's workshop, carrying a bundle—I asked what he had got—he said what he had got was his own property—I asked him to let me look at it, which he very readily did—I found this plane and towel—I asked him where he got them; he said, out of the barracks—I took him there, and he dropped this gauge—I saw the prosecutor's workshop about half-past 4 o'clock, and found the glass casement open.
Prisoner. Q. Did you see me about the workshop? A. No, about 100 yards from it—acomrade was with you, who ran away as soon as I stopped you.
WILLIAM BUTCHER (Policeman, R 85). I was on duty at a little after 3 o'clock—I saw the prisoner against the prosecutor's premises—I did not see whether the glass casement was open at that time—I went towards the prisoner, and he ran away.
WILLIAM WILLIAMS . I live in Evelyn-street, Deptford—I have a workshop by the side of my house—on the morning of 20th August, I was called by the police about a quarter-past 5 o'clock and found the casement window of my workshop open—I had left it a little on the jar on the previous night, with a weight at the back of it—I missed a plane, this is it—this gauge and this towel are mine, and this spokes have—they are marked with my name.
Prisoner's Defence. I found the bundle.
NOT GUILTY .
MR. KEMP conducted the Prosecution.
JOHN POWELL . I am a carpenter of Victoria-terrace, North Woolwich. On the night of 25th August, I went to bed about 10 o'clock—I was given to understand that my premises were fastened—I fastened the window myself with a nail—I was awoke in course of the night by hearing a noise
at a little after 1 o'clock; I called to know if it was Miss Izod, and she called out, "It is not me,"—I got up, put on my trowsers and shoes, and went down stairs—I went in the back parlour and saw the prisoner there—he had got in at the back parlour window—there was not a regular fastening to that window, but I had put a nail in at each end, and the nails had got in between the two sashes—I asked the prisoner how he came there; he said he came for a night's lodging—he could not have got in there if he had not been sober—a chest of drawers stood before that window, on which was a jug; I could scarcely have got in without knocking it off; a drunken man could not.
JAMES JACKSON (Policeman, K 263). I was called in by the prosecutor about 1 o'clock on the morning of 26th August; he gave the prisoner into my custody—I asked the prisoner what he was doing there; he made use of very abusive language, and said I should not take him in custody—I took him to the station; he had been drinking, but he knew what he was about.
Prisoner's Defence. I was very drunk; I never recollect anything after 12 o'clock.
GUILTY.—Recommended to mercy by the Jury. — Confined Six Months.
MR. BODKIN conducted the Prosecution.
THOMAS WALKER . I am engaged in the recruiting service at Woolwich. On 27th August I saw the prisoner at the New Gun, Woolwich—he asked me if I would enlist him for the 18th Royal Irish—I took him to the sergeant-major to know whether he would accept him—he did so, and the prisoner was measured and found to be admissable—I said, "Are you free and willing to join Her Majesty's service, and have you ever been in the army, navy, or marines, before?"—he said, "No;" that was in the presence of the sergeant, when I was giving the prisoner the shilling—he answered the questions both before and after he had the shilling—I cautioned him, there being so many persons going about the country taking money under false pretences—twenty-four hours afterwards, I took him away to be examined by the doctor, who examined him in my presence, and the letter "D" was marked on his left side; the doctor then told him to be off about his business, as he had been in some regiment before, and could not be accepted—I afterwards saw him outside the Hospital, and said, "What regiment did you belong to?" he said, "The 88th Connaught Rangers, and am free."
Prisoner. You were drinking with me all the morning. Witness. You were among the lot, that is usual among recruiting parties—you were sober when I put the questions, or else I should not have put them—I did not ask you three or four times to enlist; you offered.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
father's service for about six months before 23d August—mamma had given her notice to leave, and she wished to stay; mamma said that she would allow her to stay, as she had conducted herself properly during the month, but she afterwards told mamma that she would go—on 21st August I saw her when she was leaving—she took a box with her, which was not examined, nor was anything said about it—I saw a box of her's examined in the afternoon, and this pillow-case, sheet, night-cap, pin-cushion, 14 yards of lace, carpet-binding, and drugget (produced), were found in it; they are my father's property—when he said that he would have it examined; she at first said that he might examine it; but when he wished to have the things unrolled, she said that she would not have them unrolled unless a policeman was present.
Cross-examined by MR. COOPER. Q. Had you a character with her from her last place? A. Mamma had—this was a large box—the prisoner was the only servant—our things are washed out, they are sorted when they are brought home—there is a rag-bag in the house; I am quite sure this lace was not in it—this old drugget had been laid down on the kitchen floor, and mamma had had it washed; this part has been torn off—the prisoner was servant of all work.
JOHN JENNINGS (Policeman, R 40). I went to the prosecutor's between 4 and 5 o'clock, and saw the prisoner there—she commenced searching her box, and Miss Coleman identified some articles—I searched it, and found the things produced—the prisoner said that the pillow-case and piece of drugget were her property, and that she got them at a pawnbroker's—on the Monday afterwards she said that she bought them at Rag-fair—I asked, "Where?" and she said, "At Petticoat-lane."
Daniel O'Brien, a tailor, of 3, Sandy-street, Bishopsgate, gave the prisoner a good character, and offered to take her into his service.
GUILTY.—Strongly recommended to mercy by the Prosecutor and Jury, on account of her character. — Confined One Month .
PLEADED GUILTY .— Confined Two Years .
Before Mr. Common Serjeant.
918. WILLIAM THOMPSON (32), and JOHN NEALE (21), were indicted (with Patrick Fitzgerald and Elizabeth Sheen, not in custody) for unlawfully assaulting William Kendall, and occasioning bodily harm to him. Other counts, for assaulting William Frost, James Frusk, and James Farley, police-officers, in the execution of their duty.
MESSRS, BODKIN and POLAND conducted the Prosecution.
JAMES FRUSK (Policeman, R 76). I live directly opposite the Royal George, Tanner's-hill, Deptford. On Saturday night, 7th August, at 12 or half-past 12 o'clock, I was there, and heard a disturbance in the street—I came out in my uniform to see what was the matter, and saw Thompson jumping about and threatening to fight any one who would come near him—I begged him civilly to go away, and he asked me who I was and what I was—I said, "You can see that I am a police-constable"—he said, "I will smash your b—brains out"—I said again, "Go away"—he refused, and I took him into custody—he appeared drunk—he began kicking me and knocking me about—policeman Kendall came to assist me, and Fitzgerald,
who is not here, came up, knocked me about, took my staff from me, and tried to rescue Thompson—he knocked me about the head and body with his fist—Kendall was not in his uniform; he was in his shirt sleeves—Thompson took hold of his finger and bit it nearly off—he still kept kicking and knocking him about with his fist—we were surrounded by about 200 or 300 people—almost as soon as I got Thompson I drew my staff to prevent the others rescuing him, but it was taken from me by Fitzgerald, and was never found afterwards—we took Thompson to the station with the assistance of a constable—there were a great many women; I did not see them do anything, but we were pelted with brickbats, stones, and pieces of wood—Neale attacked me, and got hold of the skirt of my coat as I was taking Thompson away—he tore my coat right up the back to the collar, and then knocked me down with his fist, and kicked me when I was down, and Neale likewise—I did not see Neale strike Kendall—my hat was smashed to pieces.
Cross-examined by MR. RIBTON. Q. Were there two women in the first instance charged before the Magistrate? A. Yes—they were sworn to as being among the crowd and assaulting the constable—they were remanded; they called witnesses to prove they were not there, and were discharged—I had seen Neale before, but not to know anything of him—I had not spoken to him, nor did I know his name—I was not on duty—Thompson was coming out of the public-house when I spoke to him first—we had got about 120 yards down the hill before Neale came up—we were surrounded by the crowd all the way down the street—Neale got through the crowd—two of my brother constables took him in Nott's-terrace, where he lives, about 50 yards from his own door.
WILLIAM KENDALL (Policeman, R 318). I was in my own house on this night, and heard a disturbance in the street—I ran out in my shirt sleeves, and saw Thompson, who was very drunk, and was going to fight everybody—Frusk tried to persuade him to go away quietly, as he wanted to go to sleep—Thompson immediately set on him, and said, "I don't care, I can leather forty b—policemen," and immediately began to fight—Frusk was attacked by three or four of them—I went up and said to one of them, "You had better not interfere with the constable"—Thompson immediately seized my finger in his mouth, kept it there three or four minutes, bit it quite to the bone, and tore the nail quite off—I requested Frusk to take out his truncheon, and said, "For God's sake, hit him on his head," and he then opened his teeth and let go of my finger—he then kicked me by my thigh, but it missed me, only grazing it—I was immediately thrown to the ground by seven or eight of them—they were all on the top of me—just about that time Neale came up, kicked me once on the shoulder, and struck me with his fist on the chest—I am sure he is the man—I was assisted by Frusk—I got up, and we had brickbats, stones, and glass bottles thrown at us; they were flung about in all directions—we went on some little distance—there were 200 or 300 people round the two of us, and we were attacked again by Fitzgerald and Sheen—there were quite 200 people when I came out of my house—my shirt was torn—it was all gone but the waist-band.
Cross-examined. Q. Are you one of the constables who swore to the two women who are discharged? A. Yes—they called witnesses—I am equally sure that I saw Neale there—I was lying on my back at the time he struck me—that was 7 or 8 yards from where I first took Thompson, and about 22 yards from the public-house Thompson came out of—Neale did not strike me afterwards—Farley took him to the station—I did not see that Thompson
was very much knocked about the head, or that he had a tooth knocked out—I do not know that his shoulder was put out of joint, as the doctor attended to me, and I went home—after Neale struck me I went on about 100 yards, and was attacked again about half-way down Tanner's-hill—I do not know where Neale liven.
MR. COOPER. Q. Had you known Neale before? A. Yes—I apprehended him about Christmas last, and I had known him before that.
JAMES FARLEY (Policeman, R 279). I was on duty, heard a disturbance, went to Tanner's-hill, found a mob of people, and saw Kendall in his shirt sleeves with Thompson in custody—he was quiet at that time, as four of them had got hold of him—this was at 20 minutes to 1 o'clock, and was 300 or 400 yards from the Royal George—Kendall told me to take a woman in custody, named Sheen, and I did so—I had my uniform on when I took her—Neale came up to me and said, "Let my wife go; if you do not, I will knock your b—brains out"—he immediately struck me a violent blow with his fist, knocked me to the ground, threw himself on me, and commenced beating me—several others closed in, and commenced kicking and beating me—I believe Neale kicked me—I received several kicks while he was on me, and I received several blows while on the ground by Neale, with his fist—a labouring man, named Turner, came up and assisted me—he knocked several of them away, and took hold of Neale—when I was on the ground I lost my staff—I took hold of Neale, and did not let go of him again till I got to the station—Turner took hold of Neale, and I got up—my hat was knocked to pieces—Neale had been drinking, but was not drunk—my head and face were cut, and I was kicked a good deal about the body—Sheen is not Neale's wife; she is a single woman, I believe.
Cross-examined. Q. Were the prisoners knocked about, and bleeding? A. Neale was bleeding from the mouth and nose—I struck him somewhere with my rattle when I found that my staff was gone—I may have hit him three times—they were violent blows—I will not swear that I did not knock out some of his teeth—I had hold of his right arm, and Turner of his left, and while he was held in that way I deliberately struck him three times on the mouth with my rattle—there was no excitement on my part to strike him more than was necessary—it is 500 or 600 yards from where I was thrown down to the station—I do not know where Neale lives—I know the Royal George—I was knocked down, it may be, 400 or 500 yards from there—the woman Sheen was not apprehended since she was rescued—I did not swear to the women who were discharged—the first I saw of Neale was after I had taken the woman in custody—there were six policemen at last—I have been seven years, last May, in the force.
MR. POLAND. Q. Why did you strike Neale in the face? A. For him to hold his tongue, because he called on the mob to rescue him; and when I struck him the third time, he said, "I will hold my tongue"—every one that came within reach of us gave us either a blow or a kick.
JAMES TURNER . I am a labourer, of Greenwich—I heard a rattle springing on Tanner's-hill; ran up, and met Kendall coming down with Thompson in custody; several more constables were following them down, past the Standard public-house—two females went to Thompson, whom Kendall had got in custody, and said something to him, and Kendall told Farley to take her in custody—Neale came up, and said, "You b—, you have struck my wife;" and up with his fist, and struck Farley a blow on the face—three or four then surrounded Farley, and he fell to the ground; immediately he was down, Neale jumped on his back, and began punching
him with both hands in his side—two or three attacked him—I leaned over Neale, knocked one off on each side, got hold of Neale, held him till he got up, and never let go of him till he got to the station.
Cross-examined. Q. Did you know these men before? A. No, I knew the policemen by sight but never had any conversation with them—I did not see them strike him with the rattle, for several others were striking me at the time—"Shame," was cried out on both sides—I did not hear a woman say to the police that their cruel conduct was shameful—I do not know a woman named Evans—Neale had some blood on him at the station—I have only been a witness before at the police-court; that was last winter, against a woman for receiving some seeds from an empty house, over a fence, from a little boy—I did not swear to the women at the station—I swore to nobody but Neale.
WILLIAM FROST (Policeman, R 79). I was on duty, on 7th August, at the Broadway, Deptford, and, in consequence of a disturbance I heard, I went to Tanner's-hill, and saw Kendall and Farley; each had got a man—there was a mob—I was trying to keep some of the people off while Farley was down, and they fell to kicking him while he was down—I was knocked down by a brick; my staff was taken from my hand; I was kicked several times, and my jaw was broken—I saw the prisoners in custody—it was a man named Fitzgerald who hit me; I had him twice in my custody, but he was rescued.
Cross-examined. Q. Did you see Neale there? A. No; I was not there the whole of the time; I was behind the police some part of the time; I remained there the whole of the time after Thompson was taken.
JONATHAN CREGEEN . I am assistant to Dr. Downing, of Deptford, the surgeon to the police—I was sent for to the station at 1 o'clock on Sunday morning—I examined Kendall's middle finger of the left hand, and found the nail torn off, and there was a wound which was evidently the result of a bite; it was about half an inch long, and has proved very troublesome, as the tip of the finger began to slough; he has been on the sick list ever since, and has not been able to do any duty—Frost complained of something the matter with his mouth, and I found that his jaw was fractured on the left side; he was sent to Guy's Hospital—Farley had several contusions on the face and back of the head.
Cross-examined. Q. Was Thompson very much knocked about? A. I did not examine him then, because he was in a state of stupor from drink—his face was not covered with blood, to my recollection—I gave him an emetic and a lotion to keep down any swelling from the result of the blows, and Dr. Downing went to see him at 10 next morning—Neale had one tooth knocked out.
Witnesses for the Defence.
BRIDGET GARBEY . I live at Knott's-terrace, Tanner-hill. On 7th August, between half-past 12 and 1 o'clock, I heard a disturbance; went out and saw Neale running down from his own place; he lives in Knott's-terrace also—that is not far from where the row was—he did not stop there; but one policeman told another to take a woman in custody—he struck the woman across the shoulders three times, and a man ran up and hit the policeman, and knocked him down, and he struck John Neale with staff—Neale used no violence to the police; he stood with his hands at his sides—I am sure I saw another man knock the policeman down, and kick him—there was not much crowd going down.
Cross-examined by MR. COOPER. Q. Have you known Neale a long time? A. About three years—I am a single girl, and am in service—Neale ran down just behind the people.
KATE EVANS . The first thing I saw was Neale being taken to the station; his face was covered with blood—there was a noise, but I did not go there; they were hallooing out, "Murder!"—I did not hear cries of "Shame!"—I saw Thompson, and then I said, "Is that you, Johnny Neale?"—he said, "Yes;" and the policeman hit him across the nose with a staff, and attempted to strike me.
THOMPSON— GUILTY .*
NEALE— GUILTY .**
Confined Twelve Months each .
MR. GENT conducted the Prosecution, and MR. DOYLE the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY .**— Ten Years Penal Servitude .
PLEADED GUILTY .— Four Years Penal Servitude .
PLEADED GUILTY .— Confined Four Months.
Before Mr. Recorder.
MR. DOYLE conducted the Prosecution.
CHARLES KEMPLAY . I am a greengrocer, of Bermondsey. On the night of 4th September, I fastened up my house myself, and went to bed about half-past 12 o'clock, as near as possible—I was awoke about a quarter before 6 o'clock in the morning, or it might be earlier—I heard a noise at the back part of my premises—I slept in the first floor—I came down to the back parlour, and saw Donovan in the act of cutting a square of glass out of the back parlour window—he saw me, and ceased his operation—I made my way to the back parlour door, and to the kitchen, where I saw Elliott at a chest of drawers—he saw me, and they both made their escape to the yard—I pursued them, and they turned round and threw a cart-wheel down that was standing in the yard—I followed them through the stable into the open street; I gave an alarm, and an officer followed Donovan—Elliott cut across the road to a passage—I had seen the prisoners before, but not had any conversation with them—I am quite positive that they are the persons;
it was broad daylight—when I came back, I examined the premises—a square of glass had been cut out of the kitchen window, by which they undid the fastening and got access into the kitchen—they had unfastened the sash—when they got in the kitchen, they opened the kitchen door to the yard—when they came to the parlour door, they found some fastening which they could not get through, so Donovan turned out of the kitchen door, and came into the yard again, and was in the act of cutting a square of glass out of the window to get into the parlour—I found a razor on the top of the drawers, and several things had been removed in the drawers—I examined the razor-case, and the razor which was on the drawers, had been removed from it—my house is in the parish of St. Mary Magdalene, Bermondsey.
Cross-examined by MR. METCALFE. Q. When did you see Elliott again? A. On the Saturday following I was sent for to the station, and he was brought to me, after I had given a full description a second time at the station, and I identified him; I was quite positive of him; I was quite positive about the other—they both ran out of the yard together—I saw the policeman at the corner, and he chased Donovan directly—Elliott was at the drawers, and I saw his side-face, he was sideways to me—when I came up to him, he turned and ran away after the other prisoner—it was all done in a moment—when they got in the yard, the only opportunity I had of seeing them was when they threw the wheel down.
Donovan. Q. How can you tell I am the person? A. I saw you cutting the glass, and then you turned and threw down the wheel.
MR. DOYLE. Q. How often had you seen Elliott before? A. Several times, and on the Saturday afternoon he was at my shop and bought apples.
EDWARD GAGE (Policeman, M 147). On Sunday morning, 5th September, I was on duty in London-street, Bermondsey—I saw Donovan running, and immediately heard Mr. Kemplay give an alarm—I was about ten yards from his premises—I did not see Donovan come out; I saw him running, and pursued him down two or three streets; as I was chasing him down London-street, I saw him throw something away, and after I lost sight of him I searched the spot, and I found this knife (produced)—I went to Mr. Kemplay's premises, and saw that a pane of glass had been taken out of the kitchen window, and there were marks in the putty which corresponded with the point of this knife—this is a broken table-knife with an old handle tied on it.
WILLIAM MOULAM (Policeman, M 197). I took Donovan into custody on Tuesday, 7th September, at a lodging-house in Kent-street—I walked in, and he ran away from me through the kitchen—he raised a side-window, and came into the passage again—I took him, and told him the charge—he said, "I am not the person; I know nothing of it"—I took him to the station; I found on him 2 1/2 d., and a knife.
DONOVAN— GUILTY .**— Confined Eighteen Months.
ELLIOTT— GUILTY .**— Four Years' Penal Servitude .
JOHN DONKIN . I live at No. 2, Stainton-place, Blue Anchor-road, Bermondsey—early in the morning on 18th September I was awake, and went down stairs; I found the back parlour window open—I had gone to bed about 11 o'clock on the night before, and left that window shut—I
missed two watches from the mantelpiece, which I had left safe in the evening; these are them (produced).
CHARLES HOTTEN (Policeman, M 28). I was on duty in the neighbourhood, and saw the prisoner in a lane at the back of the prosecutor's house in Stainton-street, at half-past 3 o'clock in the morning—I asked him what he did, and where he came from; he said he came from White-street in the Borough, and he was going to Mr. Wright at Bermondsey, to ask him for a job, as he was a painter—I took him and searched him, and found on him this watch and a table-knife—on the way to the station I saw him put his hand over a fence and drop something; I could not see what; I went back to the place and found this other watch—I went to the prosecutor's premises, found the window was open, and everything in confusion—this knife would open the window.
Prisoner. My coat caught in the fence as I went along, and I stopped to get it loose—I picked up these things.
GUILTY .*— Four Years' Penal Servitude .
MR. RIBTON conducted the Prosecution.
CAROLINE BRIDGES . I am the wife of John Bridges, a wheelwright, of 43, Duke-street, Westminster-road—at the firework explosion in Westminster-road I lost one of my children—on 19th July I left my home and went to Stratford; the prisoner's wife accompanied me; I was away from morning till night; I returned at 20 minutes after 11 o'clock—I don't know the prisoner; I knew his wife from the time the child died—I had not locked my house up; I left it in care of my children; when I returned home I saw the prisoner, and he said, "Here is a letter; I have had another, but I have lost it"—I was very angry about the letter he had lost—the letter which he gave me had been opened, but I took no notice of that to him—I opened the letter and read what was inside; there was a communication to me inside, in consequence of which I went to McBean and Sons; the letter told me I should receive some money there; I went there and I received half-a-sovereign, and they gave me this card.
Cross-examined by MR. PEARCE. Q. Was your little girl injured by the explosion of the fireworks? A. Yes; she died in consequence of that fire at Madame Coton's—Mr. Gibson's firework shop is at the opposite corner of the street—I do not know that the prisoner was in Gibson's employ—I don't know that the prisoner interested himself for me in consequence of my child being killed by the explosion—I know nothing of him—I did not leave my house in his charge when I went away on the 19th; I left it in care of my four children; the prisoner was not there at all—I went to the Lambeth police-court, and got 10s.; that was on the Saturday before I buried my child—I went to Stratford on the Monday following—the prisoner did not go with me to Lambeth police-court; his wife did—I had seen him before I got the 10s. from Lambeth police-court; he had come to my house once or twice; that was all I knew about him—he did not state that; in consequence of the injuries to my child, he was interesting himself for me—he did not go to Lambeth police-court with me; it was a neighbour next door; I believe her name is Mrs. Church—my husband is in very humble circumstances—the prisoner did once prepare a petition for me to circulate; he brought it in the day after my child died, with 1s. 6d., which he had collected; he left it with me—I have not found it; I have not
destroyed it—this card was in the letter which the prisoner delivered to me when I returned home—I left the letter where I got the money—I did not put that letter by in a birdcage that night; I read it, and put it in my pocket-book—the prisoner had come once or twice to me; he proposed to get a petition for me to render me service—I did not know that he was in Mr. Gibson's employ—I did not inquire who he was; he said he was a neighbour; he told me where he lodged—I have a remembrance of his father; he was my landlord at one time; he is not now—I think I was six times before the Magistrate in reference to this letter; I believe the prisoner attended voluntarily on each occasion; he and his wife—those attendances were made necessary in consequence of some effort being made to find the writer of this supposed letter—I have not received any letter since my child's death but this one—I cannot tell when I had received a letter before; not for a long time; it may be years—I knew where the prisoner's father lived when I was his tenant.
MR. RIBTON. Q. Since the explosion, did you receive money? A. I received nothing but the 10s. from the Magistrate, and the half-sovereign—the prisoner's wife knew that I received the 10s. at the police-court, but not of the half-sovereign I received at Mr. McBean's—I left the letter there; I have inquired about it since.
SAMUEL HALE . I am a letter-carrier in the employ of the General Post-office—I recollect a letter for Mrs. Bridges, about the 19th of July—my delivery at that time was about 6 o'clock in the evening; in the regular routine of my duty, I should be at that house about 7 o'clock in the evening—I remember a letter addressed to Mrs. Bridges, 43, Duke-street; I have no recollection of delivering any letter for her before for a long time; I have received only one letter for. Mrs. Bridges since that time—I have no recollection of the circumstances of the delivery of that letter; I do not remember to whom I delivered it; I was most likely looking at the next letter—I believe the door was a-jar—I remember putting the letter into some one's hand; I will not swear whether it was a man or a woman.
MARY NORFOLK . I live at 33, Duke-street, opposite to Mrs. Bridges. On 19th July I was at my window, in the early part of the day; I observed the prisoner there; I saw a gentleman and lady, and I heard the name of Bridges asked for, and the gentleman opened his purse and took out some sort of money, but what I could not tell—about 7 o'clock in the evening the postman came up; he asked for the name of Bridges; the prisoner was sitting on the window-sill; he gave a letter into his hand, and he took it, doubled it in half, and put it in his waistcoat-pocket, and went home—between 8 and 9 o'clock I was having my supper, and there came another knock; I knew Mrs. Bridges was out; I said, "There is another letter;" I looked, and the postman put another letter in the prisoner's hand, and he took it—I knew the first postman that came; he comes every morning; the second man who came was Newman.
Cross-examined. Q. What are you? A. An artificial-flower maker; so is my husband, and my daughter; I work at that house, 33, Duke-street; we have been there six months yesterday—I have been married; I am not married to this one—my name is not Mary Norfolk; I have gone by that name the last eight years; I have gone as his wife, and acted as his wife—I and my husband and daughter were all at the window on 19th July, and each of us saw what took place—Mr. Gibson's firework place, at the bottom of Charles-street, was on fire on 12th July, and at that fire the child was injured—I did not know the prisoner before; I never saw him;
I have inquired since who he is—after taking one letter, he went home—my daughter is at home; I do not. know whether my husband is—I was not acquainted with Mrs. Bridges before that time; I never spoke to her before 19th July—I was looking out of my window—I knew Mrs. Bridges was out; I saw no one else there, only a little girl—the prisoner was not in the house; he was outside, smoking a short pipe.
WILLIAM NEWMAN . I am a letter-carrier in the employ of the Post-office. On 19th July I delivered a letter, addressed to Mrs. Bridges, 43, Duke-street, Westminster-road, about half-past 8 or 9 o'clock, to a man who was sitting at the window, smoking a pipe—he came to the door when I knocked and asked for Mrs. Bridges; he took the letter, and said, "All right"—the prisoner is the man—he came to me in a week or ten days afterwards in Webber-row, and said that Mrs. Bridges had accused him of detaining a letter—I said, "What has that to do with me?"—he went on to state that it was very hard for him to lose his liberty; while he was making his statement, a man came up, and said, "What you have told the postman is different to what you told me, that you received this letter and appropriated the contents"—the prisoner made no answer; they walked away together.
Cross-examined. Q. Had you seen the prisoner from the time of the delivery of the letter till he met you in Webber-row? A. I had not; I did not know him at all—he came to me in Webber-row, and said, "You are the man that delivered me a letter;" he did not say, "I am accused of having received other letters;" he said, "Mrs. Bridges accuses me of detaining a letter"—I said, "What has that to do with me?" I thought it was some petty bother, that he might have detained it a day or two—then a person came up and stated what I have said—I do not know Mrs. Norfolk; I never delivered a letter there that I am aware of; I did not see her that night—when I delivered my letter it was dusk; I did not observe Mrs. Norfolk at the window—I have been on that beat five years—I have not seen Mrs. Norfolk before that I am aware of—I cannot say who was the first person who told me about any charge being preferred—my fellow-servant had to attend at the police-court, and I was sent for the week after—I have not delivered other letters there since.
THOMAS LOCKWOOD (Policeman, L 135). I was at the station when the prisoner was present, and Hale was present—when the sergeant was taking the charge, he said to Hale, "You are the postman in this case?"—the prisoner said, "I do not think he is the postman"—the sergeant said, "What is thati?" the prisoner then said, "I will retract my words, and say what I have got to say to the magistrate."
The prisoner received a good character.
NOT GUILTY .
MR. RIBTON offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
JAMES RUSHALL . I keep the Rose and Crown, Collingwood-street, Blackfriars-road. On 1st September, about a quarter to 9, as I served the prisoner with a glass of gin and peppermint, which came to 2d., he put
down half-a-crown—I was about to take it up, and he said that he had got coppers—he then said that he had not got sufficient, he should want change, and put down a half-crown again—I took it up, and told him it was bad—he said that I could have another if I pleased, and put down a good one, saying, "Will that suit you?"—I said, "Yes," and gave him change—he said, "I want my half-crown back again"—I said, "That is not a half-crown, I shall detain it, and the sooner you are gone the better"—he said, "What do you mean to insinuate, Sir?"—I said, "I do not insinuate anything, the sooner you are gone the better"—he said, "Do you know who you are talking to, Mr. Rushal?"—I said, "No"—he said that he lived in Brunswick-street, and was a neighbour of mine and a customer—I said that I was very sorry, I was not aware I had such bad characters living in the neighbourhood—he did not leave—I sent for a constable in his hearing, and he left before the constable came—I kept the half-crown, and gave it to a constable named Cotterell—I am sure it is the same, I marked it before I put it in my pocket.
Cross-examined by MR. LAXTON. Q. How did you mark it? A. With a bradawl—there were four or five people at the bar.
MR. POLAND. Q. Until you marked it did you keep it in your hand? A. Yes.
JAMES NICHOL . I am a paper-hanger, of 10, King's-court, Suffolk-street. On 1st September, I was at my brother's, a pork butcher's, shop, 5, Cross-street, Blackfriars-road, at half past 10 at night—the prisoner was smoking a pipe outside the door; he asked me the price of beef and pork—I told him; he said, "Weigh me half a pound of beef;" I did so; it came to 4d.; he gave me a half-crown; I bit it, and said, "It is a bad one"—he said that he got it at Mr. Rushall's, in change for a sovereign—I went away for 20 minutes to find a constable, but could not—I left my brother's mother-in-law and Mr. Reed in the shop with the prisoner—I went back and told the prisoner to go about his business, for I did not want any more trouble with him—he would not go, and I went out again, saw a policeman, and gave the prisoner in custody with the half-crown—the shop is about two minutes walk from Mr. Rushall's.
WILLIAM COTTERELL (Policemen, L 92). I was called, and Nichols gave the prisoner in my custody with the half-crown—I asked him how he came by it—he said, "I took it in change at Mr. Rushall's"—I received this other half-crown from Mr. Rushall.
GUILTY .— Confined Eighteen Months.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
LOUISA DANNITT . My husband keeps the Royal Oak, 220, Whitechapel-road. On Friday evening, 23d July, the prisoner and another man came for a pint of porter, which came to 2d.—the prisoner gave me a half-crown. I tried it in a detector, found that it was bad, and gave it to my husband—the prisoner was taken in custody.
JAMES ISAAC DANNITT . I keep the Royal Oak—my wife called me, and gave me a half-crown—I bent it, told the prisoner that it was bad, and said, "You give me 2d. to pay for the beer"—he said, "I have only got a penny;" the other man said, "I have got 400l. a-year, and this man has worked for
me"—I said, "It is very strange that you should be worth 400l. a-year and have only 1d. and a bad half-crown"—they refused their names and addresses—I threw the half-crown on the counter after bending it, and the prisoner took it up—I detained them, sent for a policeman, and gave the prisoner in charge with the half-crown—this (produced) is it.
ROBERT BUTLER (Policeman, H 217). The prisoner was given into my custody; I asked for the half-crown, and the prisoner gave it me—this is it. I searched him, but found nothing—he refused to tell me where he lived, but said that he was a painter and glazier—he was taken to the Thames Police-court, remanded from the 24th to the 27th, and discharged.
MARGARET SWALLOW . I am the wife of James Swallow, who keeps the Earl Grey beer-shop, in Lambeth—on 12th August, about a quarter to 11 at night, the prisoner came for half a pint of beer, which came to 1d., he laid down a penny, then withdrew it and laid down a florin—I tried it in a detector, it was bad; I gave it to my husband, and gave the prisoner in charge.
Prisoner. Q. Was there a woman there? A. Yes; the florin was not put into her hands at all.
JAMES SWALLOW . I am the husband of the last witness—she called me into the bar, and said, "Here is a bad florin"—I marked it with a knife, and broke it in two in a detector—the prisoner said, "Give it me back again?" I said, "I shall do nothing of the sort;" and gave him in custody. I showed one half of the florin to the people in front of the bar, but kept the other half—I asked the prisoner where he lived; he said, "Anywhere," or "Nowhere."
GUILTY .*— Confined Nine Months.
MR. POLAND conducted the Prosecution.
JEREMIAH COSTELLO (Policeman, V 363). I produce a certificate of the prisoner's former conviction, (Read: "Central Criminal Court, March 185. George Cohen Convicted of uttering counterfeit coin, Confined One Year") I had him in custody—the prisoner is the man.
EZRA ATKINSON . I am barman at the Hand and Flower public-house, Union-street, Borough. On 18th August, about 10 at night, I served the prisoner with a pint of porter, which came to 13/4 d.—he gave me a bad shilling—I asked him if he had got any more about him—he said that I might search him—I did so—he put his hand behind him, and dropped a shilling on the floor—a constable who was at the door picked it up; and the prisoner was given in custody—no one was near him when it dropped—on the way to the station, he said that he would blow my b—y brains out or stab me as soon as he got over this job.
Prisoner. Q. Who did you give the shilling to? A. To my master. I gave part of it to you first, you did not give that to my master—there was no one close to you at the bar—I saw the shilling drop from your hand.
MR. POLAND. Q. Look at this coin (produced). A. This is the one that fell on the floor; and this other is the one I broke with my teeth—I had
not parted with it when I bit the piece out of it—I believe the piece was thrown away.
JAMES NORTON (Policeman, M 229). I was called to the Hand and Flower; the prisoner was there—I picked up this shilling from the floor—I had seen him put his hand behind him—the barman gave me this other shilling—I searched the prisoner, and found on him 41/2 d. in coppers—he refused to tell me where he lived.
Prisoner. Q. Did you see me drop the shilling? A. No; I did not hear it drop, but I saw your hand behind you.
Prisoner's Defence. My lord and gentlemen of the Jury, it is almost useless for me to address you, because, by the laws of this country, you have previous information of my having been previously convicted, and you are of course determined to find me guilty; you are already biassed against me, all I ask is justice.
GUILTY .**— Eight Years' Penal Servitude .
MR. ORRIDGE conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
Before Mr. Justice Hill.
MR. ROBINSON conducted the Prosecution.
WILLIAM FOWLER . I am a cow-keeper in Robert-street, Brixton—the prisoner was in my service about six months—I gave him a week's notice to leave me—I think that was about a month before the fire occurred—there was no dispute between us afterwards with reference to his leaving, no more than he did not come in the morning after I had given him a week's notice, until I had been to him the third time, then he came—there was no dispute about it—on the same night that I gave him notice, he said he had got a place at Mr. Morgan's, and was going to it on Monday—I said to him, "You can't leave me in less than a week"—he said, "Oh, yes! we had no written agreement"—I said, "That does not matter, you are a weekly servant"—he said, "I must go"—then he left me, and I went over to Mr. Morgan; I saw him, and had some conversation with him—I did not see the prisoner afterwards—I don't think I saw the prisoner at all after I saw Mr. Morgan—he left the service about a month before the fire—I found my cows turned loose the day after he had left me, on the Sunday; I found that done six times—they must have been turned loose by some person—I sustained very little injury by that, two or three of the cows got a little bit gored by the horns—they were let loose in the shed—I found that some boards had been taken out—I found that out about three weeks I suppose before the fire, in the same week that the prisoner left—the effect of that was, that a hand could be put in and unbolt the door—I found among the grains, dirt, human dung—I found that twice—at last I was forced to get one of my men to sleep in the shed, and then I noticed nothing further—On the afternoon of 21st July, I was in the stable—my brother-in-law
Evans, and another man, were there—we left the stable somewhere about ten minutes after 2—all three of us left together—we had been in the stable about ten minutes or a quarter of an hour—when we left the stable it was quite safe—there was no wet grass about there, it had been all used up the day before—there were seven cows in the shed when we left it that afternoon—there were two doors, a locked door and a bolted door; they were both fastened when we came away—we left the stable about ten minutes past 2—I went over to my house to give the milk to my men, and then I went on serving my customers—my house is in Robert-street; out of Robert-street runs a short turning which has no thoroughfare; my shed is at the end of it—coming from the shed and going down the court I should have to turn to the left to get into Robert-street, to my house—after I had left the shed, and before I went to deliver my milk, I saw the prisoner—he passed me, I was on the opposite side to my house, serving my customers—he was going towards my shed; he was in Robert-street—I did not see him turn up the court towards my shed, I was going the other way—it was somewhere about forty yards from the turning that I saw him; he was going in the direction of the turning where my shed was—it was about a quarter past 2—I think it was about twenty minutes or a quarter to 3, before the alarm of fire was given to me—it would be about twenty-five minutes before the fire broke out that I saw the prisoner—there is a cottage in that place, opposite my shed, and that is all there is; that is the only dwelling that is in the place—it is an inhabited cottage—it was about twenty minutes to 3 that I heard the alarm of fire—I was then serving at a house called the Jenny Lind, about forty yards off, in Robert-street—I went at once to the shed—it was in that state we could not enter—there were three policemen by the side of me—the fire was most all over the shed—I did not observe where the fire had begun, I was so excited I could not recognize that—my cows were there; they were all burnt; one broke loose, but I was obliged to have it killed directly—I should say it was somewhere about half an hour, or less, before the shed was entirely down.
Cross-examined by MR. LILLEY. Q. You say you gave this boy notice to quit, had you discharged some other persons not very long before? A. No—I had discharged two men within twelve or eighteen months previously; the last one was just before I engaged with the prisoner, and he was with me about six months—I have not discharged anybody since I engaged him—on the day of the fire, I saw the prisoner in Robert-street, forty yards from the turning—supposing he had not gone down the turning, it was possible for him to go in another direction—there was a road leading in another direction into the main road, and another turning likewise—I know it was not earlier than half-past 2 when I saw the prisoner, by the time I I left my shed—I had not seen a clock or watch when I was at the shed, but I have a regular time—I have means of ascertaining the time—I was rather late that morning; and I was having my dinner and I looked at the clock, and it was about two or three minutes after 2, and away I ran into the shed—it was two or three minutes after 2 by my clock, when I last saw the clock—it was about twenty minutes or a quarter to 3 when I heard the alarm of fire—I can't say to two or three minutes—it was about a quarter to 3 by the clock at the Jenny Lind, when I was in there—there was straw in the shed, about a truss; that was in the loft—there was the litter of the cows, and the litter of the horse—the prisoner had left a month or three weeks before the fire took place—I had seen him before he came into my employment, but I did not know him personally—when he was in my employ,
I do not think he ever complained to me that he had found the cows loose, or that there was any disturbance within the shed such as what I have described as in the grain—the boards were not down before this, nor were they loose during the time the prisoner was in my service—I am quite sure of that—I never had a board down before—I have boards very near the top of the shed, for ventilation, but that is at the further end of the shed—the boards there are within the reach of a person standing on a short ladder.
MR. ROBINSON. Q. I understand you to say your cows had not been turned loose before, nor the boards down, but it occurred immediately on his leaving? A. The week he left—there was only one truss of straw in the loft, that was the one that had been opened—the name of the third person that was with me in the shed was Smith—he left at the same time that I did—he is not here—we all three came away together.
THOMAS EVANS . I am brother-in-law to Mr. Fowler—I was helping him on Wednesday, 21st July—I had been in the stable about 25 minutes before I left it with him—there were three of us; we all left together—there were no signs of fire whatever about the stable when we left it—the straw was turned up under the manger where the horse stood—we were looking for the eggs in the manger and under the manger—that enables me to say there was no symptom of fire, if there were I consider I must have seen it, being there twenty-five minutes—there was nothing there to cause fire—we never kept a lucifer in the place—after I came out I went over to the house with the milk—that is my brother-in-law's house in Robert-street—I did not see the prisoner at all until I had left the house—I met him about twenty yards from the house, after I had taken part of the milk to go round to serve the customers—it must have been about a quarter past 2—my brother-in-law was not with me, he was serving some of the other customers—the prisoner was making his way past my brother-in-law's house, towards the end of the turning that leads to the shed—I did not see where he went—I can't say whether he turned up there or went straight on along Robert-street—when I heard the alarm of fire I went there to it—I was in the Brixton-road at the time—my brother-in-law got there first—I could not observe what part had burnt first—when I got there part of the roof was falling, and I saw the place was all in a flame.
Cross-examined. Q. Have you occasionally smoked a pipe in the neighbourhood of this shed? A. Yes, within about six yards of the cart-shed—when I saw the prisoner he was at the near end of Thornton-street, near my brother-in-law's house; that leads into the Brixton-road by a circular road.
COURT. Q. I thought you said you saw him in Robert-street? A. No, at the corner; Thornton-street and Robert-street join.
MR. LILLEY. Q. How far from Robert-street? A. Not half-a-dozen yards—I have not gone into the shed itself and smoked, never during the whole of the summer—if I go to the cart-shed I must pass the door.
MR. ROBINSON. Q. Were either of you smoking on this occasion? A. No, and it happened there were no boys about the place—I went in at a quarter to 2 and saw the man milking, and he said so—there was no smoking there at all that day—I have never taken a pipe into the place, because I know it to be dangerous.
MARIA HAZLE . I live at Effira-cottage, Brixton-road—I am in service there—in the middle of the day, on 21st July, I saw a girl of the name of Williams—I was at the corner where Mr. Fowler's shed lies round the other corner—I was in Robert-street—I could see, from where I was, up the court
where the cow-shed was—I saw Williams in the middle of the road, up the turning where the shed was—she was between me and the shed—I saw the prisoner at the corner, about three yards from Mr. Fowler's shed—he was standing at the side of the shed, with one hand down his side and one hand in his smock—he ran down Clark's-row, that is opposite the turning, a continuation of the court where the shed is—he crossed Robert-street, and turned round and looked when he had got just by Mr. Lowe's, the beer-shop; and I noticed how very pale he looked—I went to my door, 3, Robert-street, and saw him run down Clark's-row—I did not hear anything of him after that, but I saw the flames—I saw the fire about ten minutes after the prisoner ran down from within three yards of the shed—I was in the back garden when I first saw the fire—it appeared to be at the side of the loft, in front—I saw the flame rising up—I heard the prisoner say, about a week before the fire broke out, that he would serve Mr. Fowler a trick, and it should not be long first—I did not hear him say anything besides that on that occasion—I did not hear him say anything at all about why he would serve him out—I was passing by very quickly with some beer in my hand.
Cross-examined. Q. Where was the prisoner at the time you heard him say something about Mr. Fowler? A. It was down Robert-street, nearly at the end, by Mr. Marshall's gate—there were a lot of boys round—I cannot tell you any of the boys who were there, I did not take any notice of them, but I heard the prisoner say that—I have known him for a long time, I should think about two years—I saw Elizabeth Williams about half-past 2—I should think it was about that time; I send the children to school where I live; they go to school at 2, but they were rather late that day—I had a little boy two years old, and he went to run round the corner, and I went to stop him; I had the care of him, as his mother was not at home—I can't say exactly how near I live to Mr. Fowler's shed; I have only got about three doors to go and round the corner—I almost forget the name of the person that lives in the cottage near Fowler's shed; it is an old lady—I know Mrs. Carlton, she is a laundress—when I heard what the prisoner said I was passing very quickly with some beer in my hand; I had been to fetch some beer—I do not live at the same place now, I was only staying till I got a better place—I told Mrs. Tinkler about it when she came home—I did not tell any one else till Mr. Mansfield sent for me—he is a green-grocer in Robert-street—I gave information to Mansfield when he sent for me—that was the second time the matter was heard before the police-court—Mrs. Mansfield went up, and I went up and followed her to see the people—that was the second hearing—I did not say anything there to Mr. Mansfield, it was before that hearing; he sent for me on that morning—I was examined on the second hearing.
MR. ROBINSON. Q. You say you told what you had seen to somebody that afternoon? A. I told my mistress what I had seen—I told her I had seen the prisoner round there, and I had seen the fire break out—I do not know whether she gave any information to Mr. Mansfield about what I had seen—he asked me where I had seen Betsy Williams—I told him, and he asked me if I was positive.
ELIZABETH WILLIAMS . I live with my father, Richard Williams, a plumber, in Robert-street—our house is No. 5, at the corner of this turning where the cottage and the shed are—I was next door to my mother's on 21st July, shortly before the fire in Robert-street—I came out of mother's garden, out of the back gate that leads into the turning where the shed is—I saw the prisoner about four or five yards from the shed, he was walking from
the direction of the shed as if he was coming into Robert-street—he looked very pale—I did not notice him turn round at all as he was coming along—I did not notice anybody else in the turning, only my sister; I was running after my little sister—I have known the prisoner about four years, by living there—this was about five or ten minutes before the fire—when the fire first broke out I was standing in the garden next to my mother's, scraping some potatoes—I saw the flames, and I ran to my mother and said, "Oh! mother, there is a fire"—it seemed to come from the loft door facing the turning; that is the front—I saw the prisoner again some time afterwards, I can't say exactly how long—I have heard the prisoner say that he owed Mr. Fowler a grudge, and he would pay him before long, for he had got Morgan's chap in his place, and was going to send him away without a week's notice—that was about a week after he left Mr. Fowler's—I do not know Morgan's boy—Mr. Fowler had a young man that used to live with Mr. Morgan I believe.
Cross-examined. Q. You say it was about five or ten minutes before the fire broke out, that you saw the prisoner near this turning by the shed? A. Yes—as near as I can guess, it was about that time—I am sure, by what I had done, that it was not twenty minutes before—I did not see a clock at all—I had seen a clock when it was half-past 2—that was before I saw him—I was at Mrs. Mansfield's at this time, next door; I am living with my father, but the person asked me to go in and wash the children for that day—I went there from about 11 o'clock; I was there at 2 o'clock—I left there about 3 o'clock—I left there when the fire broke out—I went there, and went back again for a few minutes, and came away at 3 o'clock; I did not go back afterwards—I left the house a few minutes when the fire was, but I went again—I had not left at all before the fire broke out—I left her garden; I ran from her garden; it is all like one—it is a very low fence; you can step over the fence, and I stepped over and ran after my sister, and I took her in doors and never left again till the fire—that was when I saw the boy, before the fire—I stepped over the fence when I went after my sister—the fence is a low rail, so low that I can step over it—I was not absent above two or three minutes—I don't think Mrs. Mansfield knew I was absent; she was in front of the house all the time—she keeps a shop—I do not know the day or the month when I first gave any information about what I had seen—I think it was on 25th June, as near as I can say—I told a person that I saw the boy round the corner, and then I was fetched by the inspector and examined by him—then I went before the magistrate—I think there had not been any hearing before that; I do not know—I do not know whether it was on the second occasion that I went up, I think it was the first—I did not go up from curiosity to see and hear; I had to go up to say that I saw him; I was not going up before the magistrate on my own accord—I think August had commenced at the time I went up, I don't recollect—I cannot recollect how long after the fire it was—I know Fowler because I lived near him—I know Maria Hazle—she used to live next door but one to me—I have not known her long—I did not go with her to the police-court the first time—we went together the second time—I am quite sure we did not talk to each other as we went along about what we were to say—I never said anything about it the second time to Maria Hazle—I did not at any time talk the matter over with Maria Hazle, as to what I was to say before the police magistrate—I never saw her until the time she came up—I have spoken to her about it—I never spoke to anybody before I came up, but Mrs. Baker—I spoke to Maria Hazle at the second hearing as she was coming home—I am fifteen on the 24th August.
MR. ROBINSON. Q. Are you quite clear, with regard to what you heard the prisoner say, that he owed Mr. Fowler a grudge? A. Yes; it was when I stepped over to go after my little sister that I saw the prisoner in the turning.
HENRY PHILLIPS . I lived with my mother at 3, Clark's-row, Robert-street—I have no father—I am fourteen years old—last sessions I lived at 3, Clark's-row, but we have moved now—that is a continuation of the turning where the shed is—I have known the prisoner five or six years—we have been playmates, we went to school together—I have heard him wish all Mr. Fowler's cows dead, and all his children—I heard him say that about a fortnight after he had left—I only heard him say it once—he said he wished it because he had hindered him from getting a place at Morgan's—he did not say anything more as to what he would do—that is all he said on that occasion, that he wished all his cows dead and all his children, because he hindered him from getting a place at Mr. Morgan's—he did not say anything more, nothing as to what he would do—I told him that the young man had served Mr. Fowler out, by not coming in the morning.
Cross-examined. Q. Were you talking about that time of William Chapman serving him out? A. Yes; that was a fortnight after he had left Mr. Fowler's—we were in St. John's-fields; no one else besides ourselves was present.
COURT. Q. What was it you told him? you said some person had served him out? A. By not coming in the morning—that was at the same time we had the other talk.
ROBERT EMMERSON (Police-inspector, P). On Thursday, 22d July, the day after the fire, I saw the prisoner; I saw him in the presence of other boys—I told him that a man named Cook had told me that he had overheard him say to a boy named Hoare, near the fire, "It is getting too hot for me, I must run away, or I shall be locked up"—he said, "It is not true, I was not there at all before the fire, I was at my sister's, turning the mangle"—Cook was present, and he said, "You were there, because I heard you tell the boy Hoare so"—he asked the boy; Hoare denied it, and Finch denied it too at that time, therefore I took no further steps—afterwards I got some additional information—the prisoner said he came up after the roof had fallen in—I did not say anything more to him on that occasion—Hoare was present at that time, and said in his presence, "I saw you at the fire, I was crying"—he said the prisoner asked me "What are you crying for, Charlie? you did not set the place on fire, did you?" and he said, "No, I should not think of such a thing"—Hoare said afterwards, "I thought that the grass might have heated, and caught fire"—that was in the prisoner's presence.
Cross-examined. Q. Were not the words that the prisoner used at that time, "I was not in the place at all until the roof fell in"? A. No, "I was not at the fire at all until after the roof fell in"—he said, "I was turning the mangle for my sister,"—I did not hear him say, "You know the first time I came, I saw you crying at the shed"—he said nothing about the first time; he said, "I saw you crying at the shed"—I did not take him into custody, but I was present—I took the charge.
BENJAMIN SMITH (Policeman, P 213). I took the prisoner into custody, on Friday evening, 23d July—I told him I should charge him on suspicion of setting fire to a cow-shed, and burning six cows—he said he knew nothing at all about it; he was at Mr. Ratcliff's, in Ingledon-street, about half-past 2 or a quarter to 3—he said nothing to me about a mangle.
DAVID SHOWERS (examined by MR. LILLEY). I live at 15, Robert-street. On the afternoon that Mr. Fowler's shed was burnt, I was sitting on the wall of Mr. Chapman's garden—I was sitting there when the fire broke out—I
should think I had been sitting there about five minutes before the fire broke out; I cannot be certain—I was in the stable before I was on the wall, cleaning my horses—I did not see the prisoner at any time I was there—I have known him three or four years before—I was engaged in cleaning the horses up to the time of getting on the wall—I was not there before I cleaned the horses, I was in the garden then—I had just come from my dinner.
MR. ROBINSON. Q. Is the wall on which you were sitting right at the back of the cow-shed? A. Yes, I could not see any one standing at the door of the cow-shed—I could not see whether there was any one there or not, where I was sitting—the fire broke out against the wall, right at the bottom of the shed.
MR. LILLEY called the following Witnesses for the Defence.
HARRIET FINCH . I am the prisoner's sister, and live at Clark's-row, Robert-street, Brixton—I recollect the fire at Mr. Fowler's shed—on that day, my brother was living at Mr. Ratcliff's, a milkman—he has a milk-walk in Robert-street, but I do not think he serves any one in Clark's-row—it was about half-past 2, or twenty minutes to 3, that I first saw him; I cannot say for certain to a minute, it was about half past 2, as near as I can recollect—the first I saw of him was in Clark's-row; he had two large milk-cans with him, one in each hand—as for small cans, I could not see, he was too far off—he was carrying them towards his master's house—Mr. Ratcliff lives in Ingledon-street; that is a turning leading from Clark's-row—I cannot say for certain how long he had been in Mr. Ratcliff's employ; I do not know whether it was four or five weeks after he left Mr. Fowler—he was carrying the cans away in a direction from the shed—I was standing at the door, taking the milk from Mr. Fowler's man; I do not know his name—my house, 1, Clark's-row, is not a minute's walk from Robert-street—Clark's-row leads out of Robert-street; it is a continuation of the road going up to the shed—I cannot see Mr. Fowler's shed from my door; I can see the turning—you could see the fire—I can see the corner were the turning leads to it—I never spoke to the prisoner as he passed by—it was not more than five minutes before I saw him again—I did not see him till he came to the window where I was mangling—I was standing inside, and he came to the outside of the window—I did not see in what direction he came—he had nothing with him at that time—he asked me how the mangle turned, and I said, "Oh, about the same as ever"—he came straight into the house—I told him to come in and turn it for me, and he did so; my sister went out for grocery—I did not hear a cry of fire till a boy came to the window and called—from the time of his coming to the window till the time the boy came to the window and called, it was about ten minutes or a quarter of an hour, as near as I can recollect; I had no clock, so I cannot say—he was in the room the whole of the time after he came in—as soon as we heard it, he ran directly, and then I came to the door.
COURT. Q. Was it a quarter of an hour after you first-saw him, or after he came into the house? A. He came into the house directly I saw him.
MR. LILLEY. Q. Do you reckon the second time, when he had been in with his cans? A. When he had been in with his cans he came back to me—I did not notice who he went away with; it was a little boy named Bradrick who came to the window and spoke to me—it was in consequence of what he said that I ran out—I went to the door; I saw the flames coming out of the loft—after the fire was over, the prisoner came in to his tea—I did
not know whether the fire was all over—I did not go up to see, but he came in to his tea before the mob dispersed from the fire—he takes his meals at home—I live with my mother; I have no father.
Cross-examined by MR. ROBINSON. Q. You have no means of ascertaining the time accurately? A. No, not for certain; no more than about half-past 2—the person who owns the mangle was in when he came to turn the mangle—we were not in our own house—the boy and his mother saw him; their names are Mrs. Bedford and William Bedford; they are here—my sister is not here—I way in-doors when she came back—the fire occurred while she was gone.
ALICE BEDFORD . I live at 2, Clark's-row, Brixton—I am married—I recollect the fire in Fowler's shed quite well—I can't say exactly the time I saw Finch that afternoon, but I know he was in my house from ten minutes to a quarter of an hour before the alarm of fire was given at all—he was turning the mangle; the mangle is mine—I have known him for several years in the neighbourhood; he has always borne a very good character as far as I know.
WILLIAM BEDFORD . I am the son of the last witness—I do not recollect at what time in the afternoon I saw Finch at my mother's house—he was turning the mangle—I recollect the alarm of fire being given—I was at the fire—I saw the fire, and I ran to it as all the others did—the prisoner was in our house when I ran to the fire—I do not know how long he was in our house before the fire, because I did not see him come in—I suppose I was in the room with him about five minutes before the fire began, but I will not be sure of the time; I mean about five minutes before I heard of the fire—it takes me about a minute to run from our house to Fowler's shed; not above two or three minutes to walk—I left the prisoner behind; he was turning the mangle when I ran out—I saw him at the fire a good while after I got there.
Cross-examined. Q. You were not before the magistrate to give any evidence? A. No, nor my mother.
COURT. Q. Were you at the police-office? A. Yes, I was up there.
JOB SKINNER . I am in the employment of Mr. Ratcliff, milkman, of Ingledon-street, Brixton—the prisoner was in the same employment; he was so on the 21st July, the day of the fire at Fowler's—I saw the prisoner on the afternoon of that day, I was waiting for him at the top of the street for his cans—I was waiting at the end of Clark's-row; the other end runs into Robert-street—it was from about twenty minutes to half-past 2 o'clock; I can't say, not to five minutes—I can't tell to a minute how soon he came up—I was serving Davis, and he was serving Hammond's, the watch-maker's, and I was waiting for him—that was in the Brixton-road—he came to me and I took his cans from him—he had two cans—I gave him his milk out at Tulse-hill, about five minutes to 1—after that he had to go up Tulse-hill, and down Canterbury-lane, and up Brixton-hill—that was the walk where he was to deliver milk—when I had taken the two cans from him, I saw him go into Mrs. Bedford's, and I told him to make haste, because I had a little job to do in the evening—from the time I left him at Tulse-hill, it was about twenty minutes after 2, from that to half-past, that I saw him again—I can't say to five minutes.
Cross-examined. Q. Then you saw him, as soon as he delivered you the cans, go up Clark's-row? A. Yes; I saw him go into Mrs. Bedford's—I stood at the bottom and watched him all the way up Clark's-row, and I told him to make haste to get his dinner—I was standing at the bottom of
Clark's-row all the time waiting for him—I expected him back within five minutes—he was not long, about ten minutes perhaps, and he went along with me to the fire—he came from Bedford's down to the bottom of Clark's-row, and then we went to the fire together—the time he gave me the cans was about ten minutes before the fire broke out, as near as I can say.
MR. LILLEY. Q. Had you seen any clock? A. No—he gave me the milk cans about ten minutes before the fire broke out—I was waiting for him during this time, at the corner of Clark's-row and Ingledon-street, to go and finish my customers—I had seen him about ten minutes before he came up with the cans.
COURT. Q. Had he to serve anywhere in Robert-street? A. He had two to serve there I believe, on the left-hand side of the road leading up to Mr. Fowler's shed—he had not one to serve in the turning leading up to the shed—he had no business in the row; he never crossed the road, I believe, for I stood waiting for him for his cans.
JOHN BRADRICK . I live with my parents at 2, Clark's-row, Brixton. On the afternoon of the fire at Fowler's shed, I saw the prisoner Finch about a quarter to 3 in at Mrs. Bedford's—when I saw him the fire was just breaking out—he was turning the mangle at Mrs. Bedford's—when I told him about the fire, he ran out to see it—I saw him, before I went to Bedford's to tell about the fire, coming home with his milk—I know where Fowler's shed was—he was coining home to take his milk away—I know Job Skinner—I did not see him at all—I saw him after the fire, in at Ratcliffs, when I went for milk—I did not see with whom the prisoner went away from the fire—he went away by himself—I was going by Bedford's, and I called in to Jem Finch to tell him to come out and see the fire—I had seen the prisoner carrying his cans, about twenty minutes or a quarter of an hour before I went to Bedford's.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the prosecutor on account of his youth, and his mother being a widow.— Four Years' Penal Servitude .
Before Mr. Baron Watson.
MESSRS. RIBTON and T. SALTER conducted the Prosecution, and MR. PHILIPPS the Defence.
NOT GUILTY .
Before Mr. Justice Hill.
MESSRS. BODKIN and SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
There was another indictment against the prisoner for the attempt, upon which no evidence was offered.
Before Mr. Recorder.
MR. LEWIS conducted the Prosecution.
about 11 o'clock—the prisoner was standing at her door—she told me to ax her backside—I said to her, "Are you talking to me?" and she made a rush at me, and struck me on the forehead with the poker—before she made the rush at me, she went into the house—I can't say whether she had the poker in her hand or not before she went into the house; but she went into the door and came out again—I stood against my own door, and she rushed in her place again and came out—I went to lay hold of her frock to give her in charge, when she made a second attack on me—I put up my hand to save my face, and she struck me in the hand—the blow on the forehead produced blood—I was taken to the nearest doctor's first, and then to St. Thomas' Hospital—I was in the hospital a mouth—during that time I suffered considerable pain with my hand—I did not break any windows—I know nothing at all about the windows.
Cross-examined by MR. RIBTON. Q. What are you? A. I work at a marine-store dealer's—I am not a householder—I am not married—I live with my sister—my sister's house is not a brothel, it is a coffee-house—I was only living there two days—I have been there before, backwards and forwards—I do not know whether it is a brothel or no—the prisoner lives next door—I work at a marine store dealer's in Suffolk-street, and have done so for two and a half years—the name is Manuels—I was not at work at that time; I was a week away from it—I was living at my sister's for two days—my mother does not live a dozen yards from ray sister's—my sister is a married woman—I had been there for two days—this happened about 11 o'clock at night—there had not been any ill-feeling existing between me and the prisoner that I am aware of, only that night—I swear that—there had not been considerable ill-feeling on my part—I have known her about a twelve-month—I have never had any quarrel with her—the man she lives with and herself wanted the house my sister lives in, and she has been continually annoying the neighbourhood, and has been turned out of her place since this has happened—I have several witnesses to prove that she is an annoyance to the whole street—Mrs. Murphy, my sister, has never been charged with receiving stolen property, that I am aware of, on the information of the prisoner—I have never threatened that some time or other I would murder the prisoner, nor made any threat against her at all—Mrs. Murphy did not see anything of this affair—she was not at home then, but she was called for—she is not here—I swear that I have never told Mrs. Murphy that I would do for the prisoner—I did not attack the prisoner first on this night—when she made use of the expression she did, I said, "Are you speaking to me?"—I had not spoken to her before that—I was talking to two young friends at my sister's door, and she gave me that answer; I said nothing but, "Are you speaking to me?" and she struck me at once with the poker—she did not go across to her own door—it was between my sister's door and her own door—I had not got from my own door—her window is next to my sister's door and it was between her door and my sister's—I was standing at my sister's door when I was struck—she came from her own door to my sister's door to strike me—then she rushed in and came out again, and then I went across to her and seized her by the frock to give her in charge—there was no policeman by—I could not go to look for one—I did not go into her house that night at all, I never moved from where I was standing—I did not break any glass—a young woman took me to the doctor's—I swear that—I don't remember seeing a person named Carpenter that night—I know Carpenter—I don't remember any man there at all, only the young woman that took me to the doctor's, Ellen Griffiths—I did not see any one break any glass that night—I
swear it was a young woman that took me to the doctor's—I can't say where Mrs. Murphy was that night, but she was not at home then—she was at home when I was at the doctor's—she did not try to pull me in-doors—she was not there before I went to the doctor's that I know of.
MR. LEWIS. Q. You say Mrs. Murphy was charged with receiving stolen property; she was discharged, I believe? A. Yes; so they say.
ELLEN GRIFFITHS . I live in the house of Mrs. Murphy—I was present on the evening of 17th August, and saw all that took place—I and Leonard were standing at Mrs. Murphy's door, 269, Kent-street, when the prisoner passed by—she turned back and said, "Are you talking to me? if you are, talk to my backside"—I and the prosecutrix were talking to each other—with that the prisoner goes in-doors, and comes out and says to the prosecutrix, "Here, I wants you;" and the prosecutrix said, "If you want me, you must come here"—she comes over, and with that hit the prosecutrix on the temple with the poker; and with that she went in-doors again, and she came out, and the prosecutrix went to make a grasp at her to give her into custody, and she had a knife in her hand—the prosecutrix held up her hand to keep the blow off her face, and she received it on her left hand instead—after that she fainted in my arms, and I called two young men to my assistance to take her to the doctor's shop; and with that I cried out to her sister, Mrs. Murphy, that she was stabbed—the prisoner rushed in-doors—coming back from the doctor's shop, I saw Mrs. Murphy's servant, Catherine Clark, break the windows with the poker—I left the prosecutrix at the doctor's—she was quite insensible at the doctor's—I came back to give the prisoner into custody, and I saw Catherine Clark break the windows with the poker.
Cross-examined. Q. You are lodging at Mrs. Murphy's? A. Yes—it is not a brothel; it is a coffee-shop—I work at a preserve factory, but through going up as a witness for the prosecution, when I went the next day, I got discharged, because I stopped out one day from work—Mrs. Murphy's house has been registered as a coffee-shop—it is not a brothel that I am aware of; I can't swear that it is not; I do not know anything at all about it—they do not let out beds to men and women; they let them out to married people—men and women come in there to sleep of a night; not for two or three hours, that I am aware of—I do not know that they come in for a short time—I have been living there about five weeks—before that I was living with my friends in Greenwich; I have been at home with my father and mother—I lived in service about twelve months ago, in Brixton; since then, I have been at home with my father and mother—I left Brixton because the situation did not suit me; that was the only situation I have ever been in—Mrs. Murphy is no relation of mine—I lodged there because I used to work at the same work as Mrs. Murphy and the prosecutrix, in Lower Thames-street, and she took me to her sister's place to lodge—the prosecutrix is a single girl; she is not living with anybody—when the prisoner hit her with the poker, she made a rush at her to give her into custody—she held up her hand to save the blow from her face, and received it on her left hand—she said she would give her in custody when she received the blow on the temple, and she went to catch her to give her into custody; that was after she had received the blow on the temple from the poker—the prisoner then went in and came out again, and stabbed her with the knife on the left hand—I saw the knife—I can swear that it was a knife; it was a pointed knife; it was an ordinary household knife, a large one—I know Carpenter by seeing him in the prisoner's house—he was not the man that took her to the doctor's; two strange men helped me in with her—I went to the doctor's
with her—I do not know who the man was that took her—I did not hear the man say to her, "Poll, you have done it"—the doctor's name was Threadneedle—I do not know a Mrs. Webber—I might know a Mrs. Hales, but not by name—I will swear that I did not see Leonard go into the prisoner's house that night.
MR. LEWIS. Q. Is Mrs. Murphy's a registered common lodging-house? A. Yes.
CATHERINE CLARK . I was servant at the house of Mrs. Murphy on 17th August—I saw all that took place on that evening—on 17th, about 11 o'clock at night, all three of us were standing at the door, the prosecutrix, and the other witness, and myself—we were laughing at our own affairs—the prisoner was coming from her mother-in-law's, and she told us to talk to her backside—then she went inside her own door, and she called Leonard—she said, "What is it you want?" she said, "Come here"—she went to her, and with that she up with the poker and struck her on the temple—she went in-doors, and immediately came out again—Leonard went to get hold of her to give her into custody, and she up with a knife and made a stab at her forehead—Leonard put up her hand, and caught it in her hand—she was then taken to the doctor's—I did not go with her—I stopped near the house, and after she was gone to the doctor's I broke five panes of glass—I did that because the prisoner was laughing inside her own room at me, and I wanted to give her into custody—the prosecutrix did not break any windows.
Cross-examined. Q. Where was Mrs. Murphy? A. She had come from her lodging-house in Red-cross-street—this house is not a brothel; it is a coffee-shop—persons sleep there all night if they want a bed; they do not come there for an hour or two—I have been living there five months—I do not know the man that took the prosecutrix away to the doctor's—I did not see any man take her to the doctor's—I saw her fall in the last witness' arms, and then I broke the windows—I did not see any one assist in taking her to the doctor's—the prisoner did not come out again, after she went in doors and shut the door—I saw the whole of the transaction—the prosecutrix did not go into the prisoner's house—I swear that—I cannot say what sort of knife it was that the prisoner had—I am sure it was a knife, I saw it—there was a lamp at the public-house, on the same side of the way, three doors off—I saw the point of the knife, I did not see it all—I do not know Mrs. Hales—I know the woman who keeps the chandler's shop opposite—I do not know her name—Mrs. Murphy was not present—she came as I was breaking the windows—that was after the blow was struck; she was not there when the blow was struck—she came from her house in Red-cross-street—I heard Ellen Griffiths say, "Here is Mrs. Murphy coming;" that was after the blow was struck—Leonard was then at the doctor's shop, insensible—the doctor's shop is five or six doors from Mrs. Murphy's—it was while I was breaking the windows that I heard Griffiths say that Mrs. Murphy was coming—I did not see Mrs. Murphy endeavouring to take the prosecutrix in-doors; she was not there—no windows were broken till I broke them—I swear that—I did not see the woman at the chandler's shop that night—her shop was closed—I have never been tried; I swear that—I was locked up the other night, on account of this person being fully committed for trial—her sister-in-law said that I had assaulted her, but I never did—I was locked up from between 2 and 3 in the morning till between 11 and 12 next morning—I do not know who sent for the policeman on this evening; I believe Mrs. Murphy did.
COURT. Q. What became of the charge of assault? A. The Magistrate was so good that he did not believe her evidence, and discharged me.
GEORGE GRANTHAM . I am house-surgeon at St. Thomas' Hospital—the prosecutrix was brought there on 18th August, with a wound in her left hand about an inch and a half long—it was in the ball of the thumb, extending into the palm, very deep; it was a clean cut wound; there was a great deal of bleeding from it—in my opinion it was caused by a knife—I should think an ordinary dinner knife would produce it.
Q. Considering the position of the wound, do you think it probable that it could have been inflicted by breaking a pane of glass? A. It would not be the usual way of breaking a pane of glass, and I should have expected to find glass in the wound, from the direction of it—it was not straight, and glass would not bend as a knife would—there was no glass in the wound; she was in a dangerous condition for some time—she had repeated attacks of bleeding, besides the danger of tetanus, that is in all these cases the great danger—she was there till the 15th of this month.
Cross-examined. Q. I suppose you will not say that it could not have been inflicted by glass? A. I think it is barely possible—I have been house-surgeon for twelve months; I have seen a great many cases of this kind—we have twenty or thirty accidents a day sometimes, and a great many of them are from cuts.
WILLIAM ECCLESTONE (Policeman, M 160). I took the prisoner into custody on 17th August—she was inside the house, and the door was shut. I could not obtain admission for several minutes—I knocked at the door; she asked who was there—I said, "The police"—five or ten minutes afterwards, she opened the door and let me in—I told her I charged her with stabbing Mary Ann Leonard with the knife—she said she never did it—she was quite sober; all the parties were quite sober.
Cross-examined. Q. You searched the house for a knife, did you not? A. I did, the same evening that I took her into custody—I first took her to the station, and then went back to search the house for a knife or a poker—it was about 11 o'clock when I went to the house first—I was on duty in White-street, which leads into Kent-street, and saw a great many people round the prisoner's house, and immediately proceeded to the spot—the prosecutrix was in the doctor's shop when I got there, and he was sewing up the wound—it might have been a quarter of an hour or twenty minutes afterwards that I took the prisoner into custody—I found no knife—I did not know this house of Mrs. Murphy's before—it is not on my beat—the prisoner had plenty of time to make away with the knife, and the poker—I searched the house, and did not find any.
MR. RIBTON called the following witnesses for the Defence.
JAMES CARPENTER . I am a hawker; I know this coffee-shop in the Kent-road, where Mary Ann Leonard lives, Mrs. Murphy's—when this row took place I was at the top of my own court, twelve or fourteen yards from the place—I heard Mrs. McDonald's door shut, and saw it shut, and saw Mary Ann Leonard come from it—I saw her break a window with her left hand—the first she broke there was no blood, and the second, blood followed—it was Mrs. McDonald's window—I said, "You have done it now, come to the doctor's"—she said, "I won't"—I assisted in taking her to the doctor's, who asked what it was done with, and I said that it was
done with glass—that was the doctor in the same street, Mr. Threadgale; he lives seven doors from Mary Ann Leonard—I saw him dress it, and held her hand while he did it up and stopped the bleeding—she was in a fainting condition, she did not have much sense—I am sure I said it was done with glass—I saw other panes of glass broken—the servant fetched the poker out of Mrs. Murphy's, and broke three other panes with it—no woman went with us to the doctor's—it was me and another young man, and I took her home and laid her on the bed—I have known her ever since I have been a child—she knew me, and knew my name.
Cross-examined by MR. LEWIS. Q. What do you hawk? A. I go out with a barrow with fruit; I have a license; I was last out with my barrow last Saturday—I do not know a man named Naley or Gooding—I have never been in custody or locked up in my life for any offence—the prisoner was in her own house when the prosecutrix broke the window; I know that because, when the policeman came and asked for her, she came out directly—I was not standing there when the policeman came.
Q. You said that when the policeman came the prisoner came out directly, is that true? A. No; I was in the doctor's; you asked me where the prisoner was when the policeman came, and I said, "In-doors"—I did not see the policeman there at all—I went to Mrs. Murphy's house, and put Leonard on the bed, after her hand was dressed—the prisoner was not at Mrs. Murphy's then—I did not remain there two minutes—I asked the doctor how much it was; he said, "I think it is worth 1s.;" and I said, "I think it is"—after I left Murphy's, I went home—I did not see the doctor give a certificate when I was there—I was not at the police-court next morning, because they did not know I was a witness, and I was at work; I was there on the Wednesday following—this took place on Tuesday, between 10 and 11 o'clock; I cannot tell to five or ten minutes—when the prisoner went up the next day, she was remanded, and I went up on the Wednesday week—I never saw the prisoner in the street—I saw the row, but did not come there at the commencement; I went to where the row was, but never saw the prisoner; she was in-doors—it was Mary Ann Leonard that was rowing with herself, and the door was shut—I saw Mary Ann Clark; she fetched out the poker—I did not see Ellen Griffiths; she did not take the prosecutrix to the doctor's; she was not there at all; it was me and another man—I have never been examined before the magistrate.
MR. RIBTON. Q. Did you say that Ellen Griffiths was not there? A. She came to the doctor's just after it was dressed; that was where I saw her.
COURT. Q. How long did Leonard remain after the breaking of the second window? A. I think she stood for three minutes; but she was losing so much blood, that I took her away, and Clark came out and broke the other window with the poker—when the window was broken the people shut their doors, and were frightened to come out; nobody came out, or took any notice of it, that was in-doors; and when I came there from the doctor's, the prisoner had been carried away by a policeman—I was at the doctor's about five minutes; I waited outside the door; I could not stand to see her hand dressed; I held her hand, and then gave it to another man to hold, and after it was done I took her home—she was in the doctor's ten minutes or more—I did not see a policeman come while I was standing outside; I did not see one till after the woman was taken home—the prisoner was taken in custody when I took the woman home;
she was gone out of her house—that was the policeman I saw after I took the woman home (pointing to one); that was afterwards, when he came to see if he could find a knife—it was not while I was outside the doctor's that she was taken away; directly the woman was taken to the doctor's the prisoner was taken to the station, but I did not see it—I do not know whether she broke the window with her clenched hand—the cut was here (showing the place).
COURT to GEORGE GRANTHAM. Q. Whereabouts was the wound? A. Along the back of the thumb—it was about an inch and a half long, over the ball of the thumb; it was not straight; it went between the two bones into the palm of the hand; it went completely round the bone; it commenced here, and went deeply into the hand, outside, between these two bones—it must have been inflicted outside—I did not observe whether there was any wound on the head; my attention was so taken up with the bleeding that I did not look—a slight blow on the temple would produce blood—she was brought to the hospital about the middle of the next day—I have said in my evidence that I thought it was barely possible to have been done with glass.
SAMUEL CAMPBELL . I am a paper-stainer, of 255, Kent-street—I was at the greengrocer's for 3d. worth of oysters, and heard a smash of windows three houses off, on the same side—I went out, and the door was shut, and the blind down—when I had been there half a minute, the prosecutrix up with her left hand and went so at the window, and I saw blood drop on the pavement which was not there before—I saw Carpenter take her away—I do not know Leonard—I afterwards saw a young girl with a rod of iron, or a poker, come from the coffee-shop door, which is next to the house where the window was broken; she broke a window, and said, "Poll, why the hell do you commence and not finish fort?" and her sister, as I was told, a big stout woman, called the one that was out, a b—fool, and said it was all against herself.
Cross-examined. Q. Where was the prisoner all this time? A. Inside the house; I did not see her there, or see her come-out or go into the house; I do not know that she was in it; the door was shut; everything was quiet outside while the window was being broken; I heard no noise inside—there might be thirty or forty people collected—Leonard was in the street when I saw her first, on the pavement—I cannot say whether she did it with her fist or her open hand—I saw no policeman come up—I only waited a very short time—they are all strangers to me; I may have seen them, but never spoke to any of them—I was within seven yards of Leonard when she broke the last window; I only saw her break one; I saw no smashing by Mrs. Leonard after I came up—it was not the first smash that cut her hand, I say it was the second—I only heard the smashing of one window while I was away, and then she broke the second—I was at the police-court, but was not called—I went to the doctor's door, after I had been home and come back, but the shop was so full that I could not see—I do not know Ellen Griffiths—I did not see Carpenter there, the shop was so crowded—I never saw the prisoner till about three days afterwards—I was at the police-court on the last day—I do not know how many times before that the prisoner had been examined—I never volunteered to give evidence for her; I became a witness through my wife telling the people all about it.
MR. RIBTON. Q. You cannot say whether Leonard's hand was shut or open; but are you certain that, immediately after, you saw blood flowing
from her hand? A. Yes—when you face the two houses, the coffee-shop is on the right.
JURY. Q. How was the prisoner standing? A. When I went up first, she was at her sister's door; she came from there and went to the window; she turned to the left; her sister's door is on the right of the prisoner's door, and she was between the two—her right hand was not towards the window—she passed, but not altogether, and turned round—she was swearing at those who were inside—the house, the window of which she broke, was at her left hand as she stood at the door.
COURT. Q. That is different from what you said just now; was she standing with her back to the door or her face to the door? A. With her face to the door—when she came out of the coffee-shop she had to turn to the right to get to the prisoner's.
ANN WEBBER . I am married, and live at 5, North-street, East-lane, Walworth—I was about calling on Mary Ann McDonald—I was passing 299, Kent-street, on the opposite side of the way, and saw the prosecutrix rush into the prisoner's house, and then she was pushed out and tried to force the door, but was not able—she broke a second square of glass and cut her left hand, and two young men led her from the window to the doctor's—on her breaking the second square, the blood flowed directly—I cannot say whether her hand was open or closed—another woman then rushed out from the coffee-shop with a poker or stick, and commenced breaking the windows—she broke three or four, and while she was breaking them she called Mrs. Murphy a cow, making use of worse language before it.
Cross-examined. Q. Where were you when you saw the prosecutrix trying to break the door? A. Close on the opposite side, and I crossed over and saw the whole occurrence—it is a very long street, and if there is a crowd in it you can see them coming from the other end—I may have been twenty yards off when I first saw the crowd—it was after she was pushed out that I saw Mrs. Leonard trying to break the door—she did go into the house—the window is a very short space from the door—she tried to break the door, and when she found she could not, she broke the window; she broke one square, and cut her hand—she did not come from her sister's house to break the window.
JURY. Q. How long was it between the time she broke the two squares? A. Momentarily—I do not think there was time after she broke the first square for any one to come out and see the second one broke—it was momentarily done—she broke one and then broke the other—it was with her left hand—she rushed at the door, tried to force it open, and directly flew to the window, and struck it with her left hand—I was confused at the time.
EMMA HALES . I live at 32, Kent-street, opposite Mrs. Murphy's—I keep a general shop—my husband is living—on the night in question I was standing at my own door—the prisoner was at her door, and the prosecutrix was at her sister's door—she went to the prisoner, caught hold of her dress, and tore her dress, calling her a bad name—she pulled her out and told her to come and fight—the prisoner went into her house, and the prosecutrix followed her—what happened inside I can't say; but the prisoner turned her out and closed the door—the prisoner knocked and hammered at the door for two or three minutes; she could not get the door open, and she then thrust one hand through a pane of glass, and then she repeated it a second time—I did not see it, but I heard them say that she cut her hand at the second blow—two young men took her to the doctor's—the prisoner did not come out any more—I afterwards saw the servant come out
and break three or four more panes of glass, apparently with a poker—I did not hear her say anything at the time: there was a good deal of confusion—I saw nothing more—I know all these parties by living there, nothing more—I have no feeling one way or the other.
Cross-examined. Q. Were there many persons in the street? A. Not at first—I saw the policeman there afterwards—I did not go to him and tell him how this had happened—I dare say the prosecutrix was not in the prisoner's house more than a second or two—it was momentary—she was pushed out and the door was closed.
NOT GUILTY .
(See Tenth Session, page 377.)
MR. BEST conducted the Prosecution.
EDWARD RICHARD BANHAM . I used to keep a beer-house—I live at 6, Manor-street, King's-road, Chelsea. On Tuesday, 13th July, I went to the Admiral Keppel public-house in the Fulham-road about 1 or 2 o'clock in the day—after I got in there two women named Diggory and Howden introduced themselves into my company—I drank with them and treated them—while doing so, the prisoner and a companion of his, named Brown, introduced themselves—I had never seen the prisoner before—I saw some motions pass between the men and the females, and I endeavoured to get out of their company—I called a cab, and Diggory and Howden and I got in, together with a man of the name of Lewis—I allowed him to accompany us through the introduction of the females, as I thought we four would go away and leave the other two men—we went to Battersea Bridge in the cab, and there I saw the two men I had endeavoured to avoid, Cole and Brown—I asked them why they were following me—they said they were not following me—I walked over the bridge, and, to avoid them, I went into the Prince Albert, adjoining Battersea-park—the two females and Lewis went with me—whilst we were there, the prisoner came in—I paid half-a-crown for some drink for the females in his presence; 2s. was given in change—Howden snatched up the change and took it away—I demanded it back again, and she gave it me up—while we were having the altercation, Cole said, "B—him, we will have the lot"—I then went out of their company, and sat on a seat in front of the house, facing the river—Cole came to me again, and asked me if I would have something to drink—I told him no, I did not want him, his drink, or his company—I walked into the park to get away from him—I had not proceeded above 200 yards along one of the high-roads in the park before the prisoner got in front of me—I asked him what he wanted of me—during that time Brown came up and pinioned me behind, and threw me on my back—Cole directly put his knees on me, and endeavoured to tear my clothes to pieces to get at my money—my clothes were all torn from the front of my person, and my pockets turned out—I had my porte-monnaie in my hand, and Brown said to Cole, as he was lying across me, "B—him, he has got it in his fist"—they then made another struggle, and Cole took the porte-monnaie out of my hand—it contained about 1l. 17s. or 1l. 18s.—I had pulled out my porte-monnaie in the Admiral Keppel, and changed a sovereign—I had 2l. before that—Cole was present, and saw me change the sovereign—during the struggle the park-constable came up to my assistance, and they ran away—I endeavoured to run after them, but I was too much injured—Brown, Diggory, and Howden were tried here last session, and convicted.
Prisoner. Q. When you called for the cab, did you not invite me and Brown to ride with you? A. No—you did not pay the cabman the fare—I did not ask you for a shilling to pay him—I did not invite you to go on the water, and then change my mind and go into the park—I believe I did go into a beer-house before I got to the Prince Albert—you did not pay for a pot of stout there—you did not go with me to the Albert, you followed me there—you did not walk arm-in-arm with me—I did not ask what you were going to stand treat—I had none of your drink—I did not take Diggory into the back ground—she did not scream for assistance—you took my money—I was not the worse for drink.
HENRY WARD . I am one of the park-keepers of Battersea-park. On Tuesday afternoon, 13th July, about 4 o'clock, my attention was attracted by seeing the prisoner, Lewis, Brown, Howden, and Diggory—they had the prosecutor down on the ground—I walked up towards them, and when they saw me coming they ran away—I ran after them, and I took Brown—I took him in charge, took him down to my box, left him there, and went after the other prisoners—I took Howden and Diggory in charge—Cole escaped in a boat across the water—the prosecutor had been drinking, but he could recognize every one about him; he knew perfectly well what he was doing.
Prisoner. You never saw me till I was at the police-court. Witness. I am quite sure he is the person I saw.
ALEXANDER HUDDY (Police-sergeant, B 2). I apprehended the prisoner at Sheerness on 31st August—I told him the charge was for highway robbery in Batttersea-park—he said, "It is all right; it is bad company that has drawn me into this; I am very sorry for it, I must get out of it in the best manner I can."
(The prisoner put in a written defence, stating that he got into the prosecutor's company on the evening in question and that they were drinking together for a considerable time, with others; that when in the park the prosecutor called out that whoever got his money might have it, provided they spent it, and that in a lark, he, with the others, accepted the challenge, but he had no intention of robbery.)
GUILTY .†— Confined Two Years .
ADJOURNED TO MONDAY, OCTOBER 25 TH, 1858.