CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. TWELFTH 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, October 25th, 1858.
Before Mr. Recorder and the First Jury.
MR. POLAND conducted the Prosecution, and MESSRS. SLEIGH and METCALFE the Defence.
NOT GUILTY .
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Six Months each.
PLEADED GUILTY .— Confined Three Months.
MR. COOPER conducted the Prosecution.
GEORGE WATKINS (City policeman, 660). On 22d September, about a quarter-past 7, I was in Bishopsgate-street, and saw the prisoner put his hand into three gentlemen's pockets and get nothing, and then into a fourth from which he took this handkerchief (produced), and put it into his trousers pocket—I pointed him out to another constable who followed him up Clark's-place, while I went round Camomile-street and met him in Clark's-place—directly he saw me, he took the handkerchief from his pocket and threw it over a hoarding—I took him in custody—the other constable found the handkerchief and gave it to me.
HENRY CULLEY GUNNELL (City policeman, 659). Watkins spoke to me in Bishopsgate-street and I followed the prisoner up Clark's-place and saw him throw something over a hoarding—Watkins took him at the top of Clark's-place, and I went to the other side of the hoarding and found this handkerchief (produced).
Prisoner. You knocked at the door and then got the key from a person in the court, and after you had been in five minutes you could not find anything. Witness. I found it in less than three minutes—I had a candle.
Prisoner's Defence. If this man had seen me pick a pocket, would not he have gone and told the gentleman?—there was a little boy walking up the court and he must have thrown something over the hoarding.
GUILTY .**—A gaoler named Partridge deposed to his having been 8 times in Holloway prison. Four Years' Penal Servitude .
MR. COOPER conducted the Prosecution.
EBENEZER PURCELL . I am foreman to Stephen Wastel Hooper, a grocer of Fleet-street—the prisoner was in his employ about two months as porter—on 19th October, in consequence of something which occurred, I went to Fleet street station with the officer Gaylor and we marked between us 25s. in silver—there were two florins, some half-crowns, two shillings, and six sixpences—I handed the two florins to Mr. Hooper, and the other marked money I put in a bag and took it to the shop next day; and just before the prisoner returned from dinner I cleared the till and put in 21s.—I then left the shop for a few minutes leaving the prisoner in charge of it—I returned in five minutes, sent the prisoner upstairs on some excuse, then examined the till and found 1l. 0s. 6d. a shilling of which was marked—the prisoner returned within three minutes and I asked him what customers he had had during my absence and what they had purchased?—he made no answer—I told him that a customer had been in and paid two florins and there was only one in the till, and asked him what he had done with the other—after some little hesitation, he said, "It is in my pocket, Sir,"—he took it out, handed it to Mr. Hooper who was present with the officer, and I left them.
STEPHEN WASTEL HOOPER . I am a grocer of 45, Fleet-street—on Tuesday evening, 19th October, I saw some florins marked at the station-house, one of which has since been handed to me—I was present when the prisoner took it out of his pocket—he handed it to me—he was in my employ as porter, but Purcell has the management of the business—I have very little to do with it.
Prisoner. I do not deny the 3s., but I was not in Mr. Hooper's employment—I
was employed by Mr. Purcell for Barnum, Breddall, & Co.—I have often been the loser of money. Witness. My principal business is that of a stationer in Fleet-street—I carry it on under the name of Barnum, Breddall, & Co. that it may not interfere with my other business.
COURT. to EBENEZER PURCELL. Q. Did you engage the prisoner? A. Yes, at 18s. a week, subject to Mr. Hooper who was there at the time—he asked for a rise and I gave it him at the end of the month—he was not out of pocket through the business at all; I have always paid his omnibus fare when it was necessary—he only had charge of the till for a few minutes, if I happened to go out.
THEODORE GEORGE CROW . I am a machine ruler, of 6, Sidmouth-street, Gray's-inn-road—on Wednesday last, between 11 and 12 o'clock, I received two florins from Mr. Hooper—I went to the shop soon after 2, saw the prisoner, and bought of him half a pound of tea at 4s. and half a pound of sugar at 6d.—I gave the same florins to the prisoner—I was told that they were marked, but did not look to see—the prisoner put them in the till and took 1s. 6d. from the till and gave to me.
CHARLES THOMAS GAYLOR (City policeman, 348). On Tuesday evening, about 9 o'clock, I marked some money at the station-house; there were two florins among it—on the 20th, I was at the shop and saw the prisoner hand Mr. Hooper one of the marked florins—I took him to the station, searched him, and found on him one florin, three shillings, one of which was one of the marked ones, and 8 1/4 d. in copper.
Prisoner's Defence. I do not deny taking the 3s. but it was money I had paid out of my own pocket on the Company's business at different times—Mr. Hooper was not my employer, it was Mr. Purcell who engaged me for Barnum, Breddall, & Co.
GUILTY .— Confined Three Months.
NEW COURT.—Monday, October 25th, 1858.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. GABRIEL; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
941. THOMAS LOVESAY (15), HENRY LOVESAY (18), and ANN DUNN (26) , Burglary in the dwelling-house of William Harman, stealing 20 handkerchiefs, 220 pieces of foreign coin, and other goods, value 22l. 5s. 6d., and 5l. in money, his property.—Second Count, receiving the same.
MR. ORRIDGE conducted the Prosecution.
WILLIAM HARMAN . I live at 16 1/2, Emmett-street, Poplar—I am a clothier—I don't particularly deal in old coins, but we take more foreign money than we do English. On the morning of 20th August I came down about a quarter before 7 o'clock—I had gone to bed about a quarter or twenty minutes before 12 the night before—I sleep on the premises—I came down to turn off the gas—I locked the front entrance to my warehouse securely myself—the back door was locked by a young woman. On coming down in the morning, I found my counting-house all in disorder—my desk was removed; one of the sea-chests was opened, and all the foreign coin was gone—it consisted of coins of different nations; there was a coin of Henry
the Fifth, six Mexican sun dollars; there were Russian, Norwegian, Swedish, Prussian, and other coins—I lost about 200 as near as I can tell—I have since seen about thirty of them; they were placed in a sea-chest and locked in—I had always been in the habit of keeping these coins in that chest—there were sixteen other sea-chests beside that one—Thomas Lovesay was in my service from ten to twelve months, but not at the time of the burglary—he had an opportunity of knowing where these moneys were kept, because he was employed by me to take out English money—he always saw me take it from the sea-chest—I think he left me early in June this year—I also lost some India silk handkerchiefs, and a red check Baltic shirt, and about fourteen spun silk handkerchiefs, that is a mixture of silk and cotton, and a silk lawn cap—I did not miss the cap till afterwards; when it was shown to me I immediately recognised it—there was an umbrella found; it was my property, but that I did not miss at the time; it was safe the night before—I found in my counting-house an iron crowbar or jemmy, and a south-wester; they do not belong to me—on discovering my loss, I went to the police-station, and had some bills printed—after the prisoner Dunn was taken, we went to Henry Lovesay's house, and searched a box belonging to him, and in it was a pair of doe-skin trousers belonging to me, and a few foreign coins—I had similar ones in my possession, but I had no marks on them—up-stairs we found five cotton handkerchiefs belonging to me, and we also found a book belonging to me—they all belong to me, but they must have been taken some time before; they were not there the night before—Thomas Lovesay was not at his brother's, but I saw him afterwards, and he acknowledged having taken the handkerchiefs before—the back door of my house was broken open—I have a private entrance at 8, Rodney-place; that had been forced by the means of this iron jemmy—there were five marks on the door, which correspond with this jemmy—that door led first into a lodge, and there was another door which led to the kitchen—there was no door to the counting-house; one room leads to another—the door to the kitchen was not locked, only latched—the exterior door was securely locked the night before, and when a person forced that door, they were into my house and premises.
Cross-examined by MR. HORRY. Q. You issued some bills about it? A. Yes, and offered a reward of 10l. to discover the burglars and the property—Thomas Lovesay was in my service from ten to twelve months; I should think he is about fifteen years old—I had not so many as seven shopmen and four female servants—I have had three shops going, and two are going now, one at Rotherhithe, and that one at 16 1/2, Emmett-street, which was broken—we had two persons occasionally at Limehouse, and one at Rotherhithe—when Thomas Lovesay was with me, I had four or five shopmen and boys; we perhaps had three females in the time, I don't think we had more—Elizabeth Payne sometimes went to the shop No. 20, while the young men went to dinner—Thomas Lovesay left me once and came back again; I was frequently in the habit of sending him out with sums of money—one night he came back and said, "There are some thievish looking persons about, I don't like them, I have spoken to the police"—I said, "You did very right." My neighbour's shop was broken open about a month after that—these handkerchiefs are of an ordinary description, I am quite certain they are my handkerchiefs—I don't think Thomas Lovesay ever bought anything of me but a monkey-patterns; jacket; I don't recollect anything else—these handkerchiefs are all common I had a great number of them—there is a particularity in
one silk handkerchief, but the others are the same as other patterns I have got; but I am sure they are mine, they were in the shop window, and laid at the bottom of the window, and were frequently trodden on in putting other things in the window—I have not examined the goods since I was before the magistrate—this is the first time I have said anything about their being in the window—they were the cotton handkerchiefs which were found at Lovesay's—I have no mark to tell me these have not been sold, but my belief—I will swear we never sold those handkerchiefs we found at Lovesay's—when we found them they were all hemmed, but when taken from me they were not; they were all in one piece when taken from me. We found the trousers in Henry Lovesay's box—the five handkerchiefs and book and doeskin trousers do not belong to the first indictment—we have another indictment, which charges Thomas Lovesay with stealing the handkerchiefs, the book, and the doeskin trousers. When I was before the magistrate I did not identify these handkerchiefs and trousers as part of the property I had lost at the burglary—I did not miss those goods then; they were the last things we found—these five handkerchiefs were mine—I suppose these trousers were taken from No. 20 shop, but not on the night of the burglary—I should say I had seen them within two or three months of the burglary—Thomas Lovesay pointed out these handkerchiefs, and owned he took them while in my employ—I gave him 4s. a week; he did not often pay me something out of that for anything but the jacket; he paid me 6d. or 1s. a week for that—I dare say when he bought it it was last winter—he was generally under my eye.
MR. ORRIDGE. Q. Had you seen Henry Lovesay about your house? A. I had never seen him, but I said to Thomas Lovesay, "Who is that thievish fellow lurking about—I will not have him lurking about; I don't like the look of him"—he said, "He is my brother"—I said, "I won't have him about here."
JAMES GEORGE POOLE . I live at 184, High-street, Shadwell, and am a pawnbroker. I produce some foreign coins—the prisoner Dunn offered them to me for sale on 21st August—I think it was on a Saturday evening—I asked her how much they were worth, and who they belonged to—she said either her cousin or her brother-in-law, living at 6, Albert-street, very near to us—I told her I would take the value of the coins in my pocket, and if I found her story was true I would give the money to the person who sent her—here are thirty-four coins here, and my partner had previously purchased three or four of her—I went into the street with her, and she said, "It is no use going there, perhaps he will not be at home—if you will wait a few minutes perhaps we shall see him"—we waited a few minutes, but I did not see any one come, and I told her I should give her in custody—she said I might have the coins myself if I would let her go; I had better have the coins and take no notice—I gave her into custody.
WILLIAM HARMAN (re-examined). I am perfectly satisfied that these are my coins, and were safe in my place the night before—this one is a coin of Henry the Fifth; I could swear to this among ten million—I have no broken coins here—these others do not bear my private mark, but I had coins exactly like them the night before—I am quite positive these are the coins I lost.
COURT. Q. Had you coins of this description that night? A. Yes—I have not found coins of any nation of which I had not coins the night before—I claim the lot of coins—I have got no private mark on them, but I am perfectly satisfied they are my property.
MR. HORRY to JAMES GEORGE POOLE. Q. Did the prisoner Dunn tell you to wait? A. Yes—I did not see a tall sailor-looking man—there was some man came up about the time, but he was rather short and stout—he asked if I knew where a Mr. somebody, an outfitter, lived—I did not see any one in connexion with Dunn—her face was familiar to me—it is very possible she may have bought things of me.
WILLIAM KEALY (Policeman, A 462). I took Dunn from the last witness on 21st August at ten minutes to 9 o'clock. On the road to the station, she told me her cousin, a man living at 6, Albion-street, Shadwell, gave her the coins to sell—and at the station she said a man whom she did not know asked her to sell the coins for him and gave her a pint of beer—she said she lived at 3, Burton-court, White-horse-street, Stepney—I found she did live there—these are the coins I received.
GEORGE WILLIAMS . I am assistant to a pawnbroker in High-street, Stepney—I produce a Baltic shirt and a handkerchief which were pawned on the 20th August by a woman—I can't tell who—I gave a duplicate for them—this is it which the policeman Pullin produces—I gave this to the person who pawned the articles.
HENRY PATTERSON . I am a pawnbroker, and live at 72, John-street, White-horse-lane—I produce two handkerchiefs which were pawned by a female on 20th August—I think not by Dunn—it was a person about her height, but I think rather older—this is the duplicate I gave.
JOHN BAKER . I am assistant to Mr. Ashby, a pawnbroker, in Mile-end-road—I produce two handkerchiefs pawned on 20th August by a woman—I don't know who—she gave the name of Sarah Edwards—this is the duplicate I gave.
SAMUEL JAMES GLADE . I am assistant to Mr. Tilly, a pawnbroker, in Mile-end-road—I produce two handkerchiefs pawned on 20th August by a young man who gave the name of John Layer—he was about the size of the prisoner Henry Lovesay—this is the duplicate I gave.
Cross-examined. Q. How soon after the pawning was your attention called to it? A. At the time the officer came with the duplicate, which was a few days afterwards—he came with Mr. Harman—he said somebody was in custody—I gave him a description of the person who pawned them as nearly as I could—I have taken in other handkerchiefs—we take them in every day—I could not describe the persons who pawned other handkerchiefs.
WILLIAM HARMAN (re-examined). These are my handkerchiefs—they were safe the night before—I do recollect Thomas Lovesay buying a blanket—I did not recollect that just now, but he did so—he did not buy any stuff for shirts to my recollection—I can undertake to say that he has not bought other things of me.
MR. ORRIDGE. Q. Were these handkerchiefs safe the night before? A. Yes; and here is a fag end, which was torn off one of them.
COURT. Q. Was this shirt the same as it is? A. Yes; just the same as it is now—it is quite new—this is the piece that was taken off this handkerchief by me—the colours are exactly the same—it is the fag end.
MARY ANN HENNEGAN . I live at 3, Burton-court, White-horse-street. Henry Lovesay and Dunn lived together in a room in my house, as man and wife—I think they lived there eight or nine weeks. On Friday morning Dunn came down and said, "What o'clock is it?"—I said, "About half-past 8"—I was in their room when some duplicates were found—that was on the Monday after the remand—there were two other girls there—I
saw four duplicates found—I put them in the corner of a sheet for the leaving shop—I had seen a south-wester in their room—it was there for weeks—I think it was an older one than this one which is now produced.
Cross-examined. Q. They had been living there eight or nine weeks? A. Yes; I think so—they behaved pretty well—I never knew them to be out after 10 or 11 o'clock—my name is Mary Ann Hennegan—I was a married woman eleven years ago—my husband went away and left me—his name was Warren—Hennegan is my maiden name—I never have kept the name of Warren since my husband left me three months after we were married—he married me in a false name—I never went by the name of Sherman—there was a young man of that name that I kept company with—I never lived with a person of that name—a young man of the name of Watling used to come up and down to me, and through the robbery he would not come to the house any more—I never went by the name of Sherman—he used to come to me, and he has given me a shilling or two now and then because he kept company with me—I have not said that I expected to get 10l. by this job—I never thought of such a thing—I never had 10l. offered to me—I did not know that 10l. had been offered by Mr. Harman—none of the police have told me about it—I have seen a bill—I can't read—I saw a bill in Mr. Harman's window—he read it to me but he did not say that 10l. reward was on it—I don't know that he has offered 10l.—I will be on my oath I never heard him—he read the bill over to me; he said 10l. reward, but he did not say 10l. to anybody—I remember the night Dunn was taken—Henry Lovesay came home and told me; he did not say she was locked up; he said he thought she was—that was on the Saturday evening—he did not say something about the particulars—I was at the station-house with the baby and the policeman said to me, "You must know something about it"—I said, "I do not"—Henry Lovesay was locked up at 3 o'clock on Sunday morning—Dunn was locked up first, and he afterwards—before that, while he was out of custody, he did not tell me he was going to the station-house to see what it was all about—I did not tell him it was no use going—the officer came at ten minutes past 11 o'clock on Saturday night—that was after Dunn had been locked up—the officer came and found me and Henry Lovesay there—I was not in the habit of going into their room, but Henry Lovesay came down and asked me to go for two candles, which I did—Dunn and Henry Lovesay had been out all the afternoon—that was the Saturday afternoon and it was very wet—Henry Lovesay gave me a quartern of gin—he had plenty of money in his pocket, and he said he would make me a recompense if I would go and take the baby to the station—that was after we had the quartern of gin—he did not go and pawn his cap to get that gin—we had the gin first—he did pawn his cap that night—after he and Dunn were in custody on the Sunday morning, I did not take a pair of sheets to a leaving shop—a young woman that used to live with them did—I said I had not got a bit of victuals, and she took a little blanket and one sheet and left them for some bread and beef and sixpence—I went down with her, and we had a quartern of gin in going down—I did not get tipsy that Sunday morning—I was at Poplar station-house at 1 o'clock—I had been up all night the night before, and I felt very poorly—I pay my rent in the name of Hennegan, not in the name of Sherman—my landlady has got my rent-book outside.
MR. ORRIDGE. Q. You took the things to the leaving shop to get some victuals? A. The young woman did; and Henry Lovesay said he would pay me to go and see if Dunn was locked up, and to take the baby.
THOMAS BARRY . I am a broker, and live in Castle-street, Limehouse. On Monday, 23d August, the last witness came to me and brought a pair of stockings, a book, a sheet, and four duplicates; these are them.
Cross-examined. Q. What did you advance on these things? A. I gave her 1s. 3d.—I did not know her before.
JANE VANDERSTEIN . I am the wife of William Vanderstein—I know the prisoner Henry Lovesay by seeing him—on Saturday evening, 21st August, I bought a cap of him for 4d.; this is it—he wanted 6d. for it—I said it would not be worth 6d. to me—he said he wanted a pot of beer at last, and that I gave him.
WILLIAM HARMAN (re-examined). This is my cap, and was on my premises on the night before—I had only bought nine of them that day and this is one of them—I sent five of them to my Rotherhithe shop, and there ought to have been four left, and there were only three.
Cross-examined. Q. Is there any mark on it? A. Yes; a portion of a is on it—that is a portion of my private mark which was in this place where this piece is cut away.
ELIZABETH EDWARDS . I am the wife of Stephen Edwards, 59, White-horse-street, Stepney—I know Henry and Thomas Lovesay—I remember the week when this burglary was committed—I had seen them together every day that week, because they lived on my premises—on 16th August I saw Henry and Thomas Lovesay, and one of them had a large piece of iron which he was holding in his hand, and there were three points to it, and he wanted it made of such and such a description—they were pointing it out between their two selves, and when they saw me they went down the court—they had several other instruments with them—I saw them on the night between the 19th and the 20th of August—there was a great noise during that night, and my husband said, "Open the window and see what noise that is"—I looked, and saw Henry Lovesay, and I saw Dunn several times that night—Henry Lovesay went down the court towards his lodging—that was about 2 or 3 o'clock in the morning of the 20th of August—I looked out several times during the night—I only saw Henry Lovesay once—this piece of iron found on the premises of the prosecutor is the piece that I saw the prisoners have on the Monday; and there was a hammer and several other things they had.
Cross-examined. Q. This noise was going on all night? A. It was going on backwards and forwards all night—I saw Henry once distinctly go down the court—there is a water-closet in that court—it was not the door of that water-closet that I heard slam—it was the door of the court—Henry Lovesay was in the habit of coming home late night after night—if anybody should have said the reverse it is not true—they went out at very late hours and were a very great nuisance—the house they lived in is mine—Mrs. Hennegan has part of one of the houses in the court—I can swear positively that they kept very late hours—I live at 59, White-horse-street, which is at the corner of the court, and those houses are in the court, and by the prisoners coming in to No. 3 we were very much annoyed with them—I am not intimate with Mrs. Hennegan—she has never told me my fortune—it is false—she never told me my fortune in her life—I am not aware that she is a fortune-teller—it was between 2 and 3 o'clock in the afternoon on the 16th when I saw Henry and Thomas Lovesay—I was scouring my own boards at the time—we keep a butcher's shop—they were close by the side of me—I could not be off of hearing their conversation—they could see me scouring the boards, and when they saw me looking at them and listening to their conversation they went down the
court—Thomas Lovesay took up the piece of iron and was talking to his brother that he should want it made so and so, and he wanted it that night or the next night—I thought it very curious conversation I heard about two parties going to crack a crib—I did not know the meaning of it—the piece of iron was something like this—I was scrubbing the boards when I heard this conversation—I turned my head to listen to what they were talking about—every woman would do the same.
ANN EDWARDS . I live in the same house with my sister, the last witness—I saw Henry and Thomas Lovesay together on 16th August—they had two tools, a hammer and this long piece of iron—the points had been broken away—I can swear almost that this is the piece—I saw them several times afterwards between the 16th and the night of the burglary—I heard Henry say "Don't forget the quil"—I think that was the same night.
GEORGE PULLIN (Policeman, K 161). The word quil is commonly used by thieves for a skeleton key—I searched the lodging of Henry Lovesay; and I searched a box belonging to him, and found this book with his name in it, and in the book here is a drawing which is a plan of Mr. Harman's back premises: here is Emmet-street, you go along there and turn down Bridge-road, and Mr. Harman's back door is in the corner, and then there is a dead wall—I went to Henry Lovesay's house on the Saturday night, and I heard him say, "If we get into trouble over this and get transported, I will murder the b—r"—Dunn was then in custody—I went in the house, and I said to Henry Lovesay, "What is your name?"—he said, "Henry Folkes"—I asked him if he knew Ann Dunn—he said, "Yes, it is my wife"—I then called the assistance of A 462, and told him to take charge of Henry Lovesay—I asked Henry where his room was—he said, "Up stairs on the first floor"—I went up into the room, and in that room I found the box—I also found a small tin box with a coin in it—I said to Henry Lovesay, "How came you by this foreign coin?"—he said, "There ought to be six or seven more in the box"—I said, "This is the only one I can find"—he said he had had it some considerable time—I told him I felt disposed to take him in custody on suspicion of being connected with the robbery in Emmet-street, Poplar—he said, "If you take me you will take an innocent man"—I took him, and found on him 1l. 4s. 4 1/4 d. and four keys—I went to Mr. Harman's shop and looked at the chest there—I found one of the keys fitted the chest, it would lock and unlock it—it was a kind of sea-chest—Mr. Harman was with me when I fitted the key.
GEORGE PULLIN (re-examined). I took Thomas Lovesay—I went to his father's house on the 25th of August, and waited till he came home—Mr. Harman said, "You must take him into custody for robbing me"—he said, "I have not been robbing you; I only took a few cotton handkerchiefs; I took them one at a time when I was with you; I am very sorry Mr. Harman, I hope you will look over it." I told him he must come down to the station along with me—I said, "How long is it ago since you saw your brother Henry?"—he said nine or ten weeks ago—I did not take Dunn, I was there when she was brought in—she said a man gave her the coins to sell—she gave her address, 3, Burton-court, White-horse-street, Stepney—I went there and found Henry Lovesay—I afterwards went to Mr. Barry, and received from him these four duplicates—this southwester was given to me by Mr. Harman—I asked Henry Lovesay where
his south-wester was—he said, "I sold it about a week ago to a drover, he gave me a shilling for it." I showed this south-wester to him, and said, "Is this yours?"—he said, "I don't know anything about it"—I found this hammer at his lodging—this crowbar which was found in the counting-house was given to me—there were marks on the door where the prosecutor's premises were entered, the marks corresponded exactly with this crowbar.
WILLIAM HARMAN (re-examined). I found this crowbar in my counting-house on the same chest that had contained the coins—I found this southwester lying in the back shop—neither of them had been there before.
MR. HORRY to GEORGE PULLIN. Q. You stood outside the door at Hennegan's, did you? A. Yes; there was another officer with me—I did not exactly know which house it was—I never was down in the court before—when I went in I found Henry Lovesay, a man named Sherman, and Mrs. Hennegan's mother; Mrs. Hennegan was not there, I believe she was out on an errand—last Friday week was the first time that I discovered this plan in this book—that is since the last Session—the box had been taken from the lodging and put in the butcher's shop—I saw this book in the first instance, but I did not open the leaves of it—I have known Sherman for about two years—I have seen him and Mrs. Hennegan together—the first time I saw them together was on the Saturday night—I never knew the girl Hennegan till that night—I don't know where Sherman lived—he was tried about two years ago—I believe he has been getting his living in the Docks since—I have heard him say he lived in John-street, Limehouse-fields—I said to him that night, "What are you doing here?"—he said, "I just came in to see Mrs. Hennegan"—I found this book in the box since last Session—I had seen it before and opened the leaves to see if there were any duplicates in it—it was dark—I took it up, looked at it, and saw several pencil marks, but I did not take particular notice of them—it was last Friday week I began to take notice of them—I then went and found the book, and looking carefully over it I found it was a description of the premises—on looking at it once or twice it struck me it was a plan of Mr. Harman's premises.
RALPH FIELD THOMAS . I am inspector of the Thames police—I went with the last witness to 3, Burton-court. I saw the room occupied by Henry Lovesay—I saw several pencil marks and a chalk mark behind the door of the room—I made a copy of it: seventy-five francs, twenty-four f, twenty—on e f, and two and a half-francs.
Cross-examined. Q. Did you ever give a description of these coins before? A. Yes, in the printed bills—I have a bill here—I have no recollection of giving one of these bills to Mrs. Hennegan—she saw the bills in the window when she came to the shop—I don't recollect that I read one of the bills to her—one was on the counter—I said, "Here is a bill offering 10l. reward to discover the burglars and the money."
Henry Lovesay's Defence. On the Saturday night I was proceeding home to my lodging, when I was informed of this—I went home, and asked Mrs. Hennegan to take the child; I said, "I am going to my father's to get some money, and I will pay you to-morrow"—it was a very wet night—I took my cap and left it at the shop for 4d. I gave her a quartern of gin on the road—I left her and proceeded home to my father's house—I took all the
money I had in my box to give her something to eat—I always was a steady, respectable, saving young fellow till the last few weeks, when I have been living with Dunn—I am sorry for her—when I came home I found Mrs. Hennegan and her mother, and Sherman, a well known burglar; and I have not the least doubt that he knows something of this robbery—Mrs. Hennegan took the child to King David-lane station, and they told her Dunn was gone to Poplar station—I proposed to go to Poplar station, to know what she was kept for—I washed myself and I heard something at the door; I opened it, and the officer came in—he says that he heard me say so and so—is not that a studied speech of his?
HENRY LOVESAY— GUILTY of Burglary.— Four Years' Penal Servitude.
THOMAS LOVESAY— GUILTY of Burglary.—Recommended to mercy by the Jury.— Confined Twelve Months.
DUNN— GUILTY of Receiving.— Confined Nine Months.
OLD COURT.—Tuesday, October 26th, 1858.
PRESENT—Sir GEORGE CARROLL, Knt. Ald.; Mr. RECORDER; and Mr. Ald. ALLEN.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
Mr. BEST conducted the Prosecution.
RICHARD MEYER . I am a card-cutter of 53, Old-street, St. Luke's. On Monday evening, 4th October, about half-past 8 o'clock, I was going home with a pair of boots under my arm—I began to run; when I arrived opposite No. 3, somebody came behind me and pinched my throat, so that I could not breathe; he snapped at my guard and ran away—I was close at his heels—a witness captured him; somebody else rescued him—I went with a policeman and my father, but could not find him—but on Sunday I pointed him out—he worked at Waterlow's cutting-hall, and I work at the paper-hall—I have known him three or four years, and am quite sure it was the prisoner.
Cross-examined by MR. COOPER. Q. And he knew you I suppose? A. Yes—I was very frightened, my eyes were starting out of my head—the prisoner has not worked there for two or three years.
HENRY WATSON SINCLAIR . I live at 100, Old-street—I was in the street, heard a cry of "Stop thief" and saw the prisoner running; I followed him, and he was caught at the corner of Baldwin-street, but three or four more
came and rescued him—he started again, and I caught him at the top of Baldwin-street, and held him three or four minutes; but three or four men came up; one of them punched me in the neck and the prisoner escaped—I am sure he is the man.
Cross-examined. Q. Were others running as well as he? A. Yes; but he was the first—I was about ten yards off him.
HENRY SHORT (Policeman, G 77). I took the prisoner in Wilson-street, Finsbury-square—the prosecutor pointed him out—I told him that I belonged to the police, and that he must consider himself in my custody for assaulting the prosecutor and attempting to steal his watch; he made no reply.
Cross-examined. Q. I believe, before the Magistrate, he denied the charge? A. Yes.
The Prisoner received a good character, but HUGH BROUGHTON, City policeman, 167, stated that he had been the companion of thieves for two years.
GUILTY .— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
ELIZABETH PERRY . I am a servant out of place, and live at 3, Thomas-court, Duke-street, Grosvenor-square. On Saturday night, about 1 o'clock, I was in Oxford-street with Ann Andrews; and the prisoner and another man came up and asked if we would go and take a cup of coffee; we thanked him and said that we did not want any—his companion asked me if I would take a glass of ale—I said "No"—the prisoner then took hold of my right hand, and his companion of my left; and his companion took my watch from my side and ran away—he broke the ring of it I think—it was fastened with three pins—when he ran away, I took hold of the prisoner; he struck me in the face, and then in the chest, and broke the chain from my neck—it was a heavy blow; my face was black for some time—the prisoner ran away—I ran after him, calling "Police," and did not lose sight of him till he was stopped in some Mews, in South Audley-street—my watch and chain were worth 2l.—I saw the chain (produced) picked up; I believe it to be mine, but have no private mark on it.
Cross-examined by MR. METCALFE. Q. What was your last place? A. A cook at 45, Oxford-terrace; that was ten months ago—I was going home, not looking for a situation—I was with another young woman, who is a servant out of place too—I had never seen either of the persons before—I called out when I was struck.
ANN ANDREWS . I am a servant out of place—I live in Thomas-court—I was with the last witness in Oxford-street, and the prisoner and his companion stopped us, and asked if we would take a cup of coffee; we said no, we did not want it—they asked if we would go and take a glass of ale; we said we did not want any—the prisoner's companion took hold of one of Perry's hands, and the prisoner of the other; and the prisoner's companion snatched her watch from her side—I ran after him—I saw the prisoner strike her on the eye and on the side, and snatch the chain from her neck—I ran after the other man; the prisoner came to stop me, and I immediately took hold of him—I saw him stopped by the policeman and did not lose sight of him for a moment—I am sure he is the man.
Cross-examined. Q. Before he got up to the other girl, did not you take
his arm, and ask him to take something to drink? A. No, he asked us—I kept sight of the prisoner, and saw him taken in some Mews, about one hundred yards off.
JAMES REEVES (Policeman, C 44). I was in South Moulton-street, and heard a woman's voice—I saw the prisoner running; he turned to the left into the Globe-yard—I was there when he stopped, and did not lose sight of him after he went into the yard—I afterwards went into Oxford-street, and in the direction in which the prisoner ran, and about forty yards from the spot, I picked up this guard chain—the prosecutrix described it to me before she saw it.
Cross-examined. Q. How shortly after you heard the cry did you see the prisoner? A. In half-a-minute, he was running towards me—both the girls ran into the yard and C 39 after them.
Mr. METCALFE here withdrew from the Defence.
GUILTY .— Three Years Penal Servitude.
PLEADED GUILTY .—Recommended to mercy by the Prosecutor.— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
ELIZA WRIGHT . I live at 6, Thanet-place, Strand, and am single. On 16th September, about half-past 7 in the evening, I was returning home from my business, and the prisoner walked a short distance, and then asked if he should carry my bag—I said "No"—he walked on a little, and then said, "Have you a sister with us?"—I said, "No"—he said, "Or a brother?"—I said, "No"—I did not know what he meant, but was very near home, and did not feel alarmed—I turned up Thanet-place, and there found that the prisoner had followed me—he said, "Shall I go home with you?"—I said, "No, indeed you will not"—he said, "Will you give me a kiss?"—I said, "No, indeed you will not, and if you do not leave me instantly, I will call my brother"—I called three times, but he did not hear me—the prisoner suddenly snatched my bag, but I retained hold of it—he appeared rather intoxicated—I called "Police" two or three times—I struggled with him some time, and do not know how long, for I was getting very much exhausted—when I was taken up from the ground, my nose was bleeding, and I had great pain in my eyes; a medical man was sent for and I suffered from the injuries for several days.
Cross-examined by MR. DOYLE. Q. Did the prisoner strike you any blow? A. No—when he asked me to kiss him he laid hold of me—the injuries I got were from the fall—I cannot say whether he threw me down, for I was quite unconscious—I did not even know that I had had a fall until I got home and was informed that I had been picked up and brought home—I cannot say whether I slipped out of the prisoner's hands and fell.
ALEXANDER FRIEND . I am a boarding-house keeper, of 2, Thanet-place. I was in my parlour on the first floor, and my wife called my attention to the prosecutrix—I saw the prisoner put his arm round her and sling her on the ground, saying, "Take that you d—d whore"—if she had gone a little farther it would have killed her, because there is a raised kerb,
but her face went on the flat pavement, and she was carried home insensible.
Cross-examined. Q. Did you look on without interfering? A. No; when I saw that done, I opened the window and said, "Stop that man"—I did not go out because I had nothing on—the prosecutrix struggled to get away from him, she did not slip—I will swear that he wilfully threw her—he was the worse for liquor.
WILLIAM HARDWICK ROBINSON . I am a commercial traveller, of 9, Thanet-place. On Thursday, 16th September, about half-past 7, I was going up to my door, and saw the prisoner with the old lady—I heard her fall on the pavement, looked round, and saw her lying on her face, and a bag was three or four feet from her—the prisoner was standing between her and the bag—he was going down the court, but I told him he could not without going back to see what was the matter with the woman, and I never lost sight of him till he was taken.
ROBERT WILLIAM DUNN . I am a surgeon, of 31, Norfolk-street, Strand. On 16th September I was sent for, and saw the prosecutrix at her brother's, in Thanet-place—the left side of her face was very much swollen, particularly the upper eye-lid—there was a slight scratch on her face, a small lacerated wound on her lower lip, and a great deal of swelling about the bridge of her nose—she was in a state of great prostration and fear—she has been getting better ever since.
Cross-examined. Q. She had a nervous shock, I suppose? A. Yes—I do not think there was any permanent injury, but there is a lump over her upper eye-lid still, but which will most likely go away in time.
COURT. to ALEXANDER FRIEND. Q. Do you say you heard the words "Take that?" A. Yes; "Take that, you d—d prostitute" or "whore"—I am sure the words were not "You are a d—d prostitute."
GUILTY of Assault only. —Recommended to mercy by the Prosecutrix.— Confined Two Months.
He was also indicted for the attempt to rob, upon which MR. COOPER offered no evidence.
NOT GUILTY .
MR. CAARTEN conducted the Prosecution.
The Prisoner having, by the advice of MR. SLEIGH, admitted his guilt in the hearing of the Jury, they returned a verdict of
Confined Nine Months.
MR. METCALFE conducted the Prosecution.
GIDEON CROCKER (Police-sergeant, C 9). On Monday afternoon, 20th September, about half-past 2 o'clock, I went to the prisoner's house, 22, Broad-street, Bloomsbury—it is a shop for saddlery, and saddler's ironmongery; the whole house is in the prisoner's occupation—I asked him whether he had bought any leather lately, or within six months—he said no, he had not bought anything of the kind for a long time—I asked him if he was positive about that—he said, "Well, I bought some cuttings about six weeks ago"—I went up-stairs and saw them; they had nothing to do with this transaction—I told him that that was not what I wanted, I
wanted the truth—we went down into the shop, and I asked him if he could account for the leather which was about the place, and told him that I was an officer and should search—I went to the rear of the counter, and found a quantity of bridle leather, rolled up in a coarse canvas wrapper; I asked him where he got it—he said, "I bought it"—I asked him if he had made an entry, or whether he could show an invoice of that leather—he said that he did not keep a book, and had not got an invoice—this roll of leather (produced) was on a shelf behind where the prisoner stood—I went to the back of another counter at the back of the shop, and found these two wallet leathers (produced); they have been cut in two—I got these other pieces from a female next door, and they make up the wallets—I asked him how he accounted for the wallet pockets—he said that he bought them, but could not show any book or entry of the transaction—I went into the back room, second floor, and found a quantity of stirrup leathers (produced)—I asked him if he could account for them—he said that he bought the leather and cut them himself—Madden was brought in afterwards while I was there, but I was engaged at the other part of the shop, and cannot say what took place.
Cross-examined by MR. SLEIGH. Q. Is the prisoner's stock very considerable? A. Yes, I should say 3,000l. worth—he has another establishment at another part of town; I visited that as well—a person named Cleave came to the shop after the house was in the possession of the police—I had not had communication before with him before that, nor do I know of my own knowledge that the prisoner gave him in custody some twelve months ago.
HENRY JOY (Policeman, A 338). I went with Crocker to the prisoner's premises, and with Madden and Mr. Dale's foreman, Myring—I saw the prisoner there, and asked him whether he knew the boy Madden; he said that he did not—I told him to be very particular how he answered me the questions, and asked him whether Madden had not been in the shop that morning between 10 and 11 o'clock—he said, "No, I never saw him before in my life"—next morning, after the prisoner was in custody, I went to the place again and found a set of leather straps, which are here—I found them in the second floor back room, the same where the other leather was.
ELIZABETH BAKER . I live at 21, Broad-street, next door to the prisoner—I am in the service of Mrs. Bellini—I know the prisoner—on the 20th, between 10 and 11 in the morning, he brought some leather in, and asked might he put it down; we said yes—in consequence of what I heard afterwards, I gave it to the police-oonstable at Royston's house—it was in two bundles, as it is now.
GEORGE WOODWARD (Policeman, E 53). I was left in charge of the prisoner's house when Crocker took him to the station—Baker brought me a great quantity of leather; this is a portion of it—some of it is patent winkers.
JOHN MADDEN . I live at 31, Archer-street, Camden-town—I was in Mr. Dale's employ for about six weeks; I left in March last—I only know the prisoner by selling leather to him; I did not know him before I first went to him with leather, about the latter end of February—I then took him a small piece of bridle leather; I got it from a back workshop at Mr. Dale's—I stole it—I saw the prisoner, and asked him if he would buy it of me—I did not tell him who I was, or where I lived, or where I got it—he asked me how I came by it—I told him it was leather I had out of the shop to do some work by, and that was a piece that I had over; I told him it was my own—he bought it—I went to him again two or three days after; I
then took him some more bridle leather; I think I took two pieces, as near as I can remember, they were two sheets similar to these produced—the piece I took the first time was about a pound weight—when I took the leather the second time he asked me how I came by it—I told him it was my own leather; I told him I had work to do out of doors, and what was over I had for myself—he asked me both times how I came by it—I gave him the same answer both times—he allowed me 1s. 6d. a pound for it—I do not remember how many pounds there was—I went again a few days afterwards; I almost forget what I took then, it was either something of the same kind or some wallet pocket leather; he bought that of me—I went altogether perhaps seven, eight, or nine times, while I was at Mr. Dale's—I took him a few straps and buckles, something like these produced, but long and narrow, not quite so wide as these—that was all I took; I did not take any of these blinkers—I can't say how many times I took wallet pockets; it was during the eight or nine times that I went—the largest quantity that I took at any one time, was perhaps four or five pounds weight—he allowed me 8d. a pound for the wallet pockets, as nearly as I can remember—the straps he weighed with the large pieces of leather at 1s. 6d. a pound—the largest sum I received at one time was 13s. 6d., I think—it was all new leather that I took; it was all stolen from my master—I told the prisoner who I was working for; I mentioned Mr. Dale's name—when he gave me the 13s. 6d. for the leather I took, he asked me how I came by it, and I told him it was work I had to do out and what was over I had for myself—he did not ask me that question upon every occasion—the wallet leather was not cut when I took it; I took it quite whole, and in shape for the wallets—I told him they were for wallet pockets—there was some white bridle leather; I received half-a-crown a pound for that, that is more expensive—he paid me 7s. 6d. on one occasion; I can't say what that was for. I was charged by Mr. Dale in March; he consented not to prosecute me—some time after that I was told that Mr. Dale wanted to see me—I was not at home at the time; he left a card for me—that was on the Sunday before the prisoner was taken into custody—on the Monday morning I called at the prisoner's shop, about a quarter to 10; I asked him if he had heard from Mr. Dale where I had been working—he said he had not, and asked me the reason why I enquired—I told him that Mr. Dale had left a card at my house on the Sunday morning, and I was afraid there was something wrong about the leather I had been selling him—he asked me why I left Mr. Dale—I told him the reason, and he said, "Oh, indeed"—I said I would go and see what Mr. Dale wanted me for, and I would call on him as I returned back—I have always dealt with the prisoner himself, he has always paid me himself—I have asked him to have a glass of ale on several occasions, and he has gone with me to a public-house opposite his shop; I have paid for it several times; sometimes he has paid for it himself; I believe he paid for it one or two occasions—I was paid in the shop.
Cross-examined. Q. Is Madden your real name? A. Yes—my father is an army accoutrement maker—he does not deal in leather of this description, it is a different kind; he does deal in leather—that was not the only way in which I had to do with the leather business—I was apprenticed to a boot-maker—it was in February this year that I first went into Mr. Dale's employment—I can't say exactly how long I had been at Mr. Dale's before I turned thief—I was not there very long—I was in Mr. Dale's employment twice; this was the last time; the first time was perhaps, three or four months before, or longer, I forget—I was discharged because I was found taking
a piece of leather from the premises—I did not take all this property—there is property here that I can swear I never had any dealing with—I could not swear whether or not I took these straps; I took some straps—I never saw these blinkers before—I had never had occasion to go to the prisoner's house on my master's business before I took him this leather—I had bought some leather of him once, a long time before; that was for my father—my father did not send me there—he said he wanted leather of some kind, and I went to the prisoner's and bought it—I bought it of the prisoner himself—he did not know me at that time—my father's place of business is in Marshall-street, that is about a half an hour's walk from the prisoner's—I am not aware that my father was in the habit of dealing with the prisoner—I only went on one occasion for my father; my father used mostly to buy the leather himself—he might have bought leather of the prisoner; I cannot say—the prisoner asked me on one or two occasions, where I had got it; perhaps it was the first and second times—I do not understand this business—I was engaged to block wallets—persons are employed by Mr. Dale to make up leather into wallets and such things—some of them work out, and some at the establishment; some are paid so much per week, and some by the piece—I suppose those that work by the piece are entitled to keep the remnants and cutting, if they work out of doors—I cannot say whether they are or not—I cannot say what the leather that I took to the prisoner was cut up for—this piece of wallet leather is not in the same shape as it was when I took it to him—when he asked me how I became possessed of it, I gave him the best account I could of it, so as to deceive him, so as to make him believe I had become honestly possessed of it—I told him on the last occasion that it was not all mine but some belonging to a friend who had given it to me to sell for him—I did not tell him that on several occasions to my knowledge—I don't remember it—I would not swear it—I believe I did not—sometimes I carried the leather on my arm, sometimes in my apron, sometimes in the day, and sometimes when we left work in the evening—the purchase of the leather took place in the presence of his own workmen—the shopman was most always there—the price was agreed on over the counter, without any concealment at all—I do not myself know the proper value of leather of this description—I asked the prisoner what he would give me a pound—he asked what I wanted—I said I would leave it to him what it was worth to him, and he gave me 1s. 6d. When I saw him on the Monday morning after Mr. Dale had left his card, I told him that I was going down to Mr. Dale to ask what he wanted to see me for, and I would call as I came back and tell him what it was, and that he was not to say that he knew me, or something of that kind—I told him I was afraid there was something wrong about the leather I had sold him—I had never before that said any word conveying to his mind that there was anything wrong about the leather, as far as I remember—I did tell him that if any one inquired about me, to say that he did not know me or anything about me.
MR. METCALFE. Q. What did he say to that? A. I forget what his answer was—I did not take these blinkers—I took them in the shape of wallet leather—I took a good deal of leather in these long sheets—I took two or three at a time—I told the prisoner it was leather that I did not require to use—I can't say whether workmen have sheets of this description left over, unless, they might have a large quantity at a time to do—the straps I took perhaps a dozen at a time—I do not remember what I told the prisoner about these—they had the buckles on them as they
have now—his shopman has weighed the leather for me; he never bought it; he kept me waiting till the prisoner came—I do not know any person named Cleave.
COURT. Q. Were the straps with the buckles sold by weight? A. Yes; they were all sold by weight, at so much a pound—it is perhaps two years ago since I bought the leather of the prisoner for my father—I did not say at that time who I came from—the prisoner did not seem to know me again, when I first went to him with this leather.
JOHN REYNOLDS . I am a harness-maker at 28, Thayer-street, Manchester-square—I was in the prisoner's employ for some time, and left in March—I saw the witness Madden come to the shop on two occasions—he brought some leather; it was some of these wallets and some of the bridle leather—the wallets were then in shape as Mr. Dale uses them, not cut up as they are now—I can't say exactly what quantity he brought; I should think about two or three dozen of the sort, I mean old sheets, and about five or six pounds weight of bridle leather—I did not see them, but he left them there and he and the prisoner went over to the public-house opposite—he did not come back—I did not see them weighed on either occasion—the leather was put under the counter; it was ultimately put in a bag and laid up on the shelf—some of it was afterwards worked up to wallet pockets—the wallet pockets were worked up for the lining of bridle winkers—I saw bridles cut out of the bridle leather.
Cross-examined. Q. Had you a brother in Mr. Royston's employment? A. Yes—I have not anything to say about his affairs—I shall not say whether he was charged with robbing Mr. Royston, or whether he is in prison—I am not answerable for my brother.
THOMAS MYRING . I am foreman to Mr. Dale—in February and March last, I missed a quantity of leather—the boy Madden was charged and ultimately discharged—we had a contract for 3,000 pairs of wallet pockets; these are part of them—it was a peculiar pattern made expressly for that contract—I have fitted these together and seen them fitted by the constable before the magistrate; they exactly correspond with our pattern—we made that pattern for the East India Company; there was but one other party who made them; I have a duplicate of his pattern and it varies three quarters of an inch from ours—I detected Madden in robbing us of a piece of leather similar to this, and he was discharged—the whole of this property belongs to Mr. Dale—the value of it is from 16l. to 20l. at the least; it would cost us very nearly 30l. to replace it—the white bridle leather is worth from 3s. to 4s. 6d. a pound; that is the value in the trade now—this wallet leather costs us full 3s. a pound, buying it in a lot of about 300 hides.
Cross-examined. Q. I suppose the market value of leather varies? A. Yes; this leather would be worth more than 1s. 6d. a pound when cut into pieces; it would be worth 2s. to sell to the Jews as scraps.
COURT. Q. Would such pieces as these ever be sold as scraps? A. No.
Several witnesses deposed to the prisoners good character for a great number of years.
GUILTY.—Recommended to mercy by the Jury on account of his age and his previous good character.— The officer stated that other stolen property was found amongst the prisoner's stock, with the owner's name erased.— Three Years Penal Servitude.
Before Mr. Recorder and the Second Jury.
MR. COOPER conducted the Prosecution.
WILLIAM COX . I am a draper at Bungay in Suffolk. On 30th September I was in London—I was standing on Ludgate-hill, opposite the Old Bailer, watching the sheriffs'procession pass—immediately after I crossed over to the Old Bailey; I was met by three men—the prisoner was one of them—I immediately put my fingers into my waistcoat pocket, as I thought to take care of my watch, and it was gone—it was fastened to a piece of black braid round my neck—the braid was not broken, but the ring was wrenched off the stem of the watch—it was done without my feeling it—immediately I missed it I saw it in the prisoner's possession—he ran away, and I ran after him and saw him throw it away—it was afterwards shown to me by the officer—this is it (produced)—it is worth about four guineas.
Prisoner. Q. Were you in a crowd? A. No, there was a crowd on the other side, but not where I was standing—I saw the watch in your hand and immediately followed you—I shouted, "Stop thief!" and had nearly caught hold of you when you threw it away under an omnibus that was passing.
ALFRED JOHN GRAY . I live in Gloucester-street, Lambeth—I was coming up Ludgate-hill on 30th September, and saw the prosecutor and three men surrounding him—the prisoner was one of them—they began pushing him about—the prisoner was behind him—I saw him put his hand into the prosecutor's pocket, pull out the watch, and directly ran away with it—I ran after him till the policeman took him into custody.
Prisoner. Q. If I was behind the gentleman how could you see me take the watch? A. Because I was at the side of you—I told the prosecutor I saw you take it.
Prisoner's Defence. I was standing on Ludgate-hill among a crowd of persons, and during the time I felt something put into my hand—I opened my hand and there was the watch—the witness saw it, and he told the prosecutor he saw it put into my hand—I was fearful of it, and walked away—if I had stolen it I should not have kept it in my hand.
GUILTY .†— Confined Nine Months.
MR. RIBTON conducted the Prosecution.
WILLIAM CABLE . I am a cab proprietor, and live in Roberts-mews, Hampstead-road—the prisoner was in my service. On 21st September I had a horse safe in my stable, about 6 o'clock in the evening—I missed it when I came home about 11 or a little after—next day I went to see it at a stable—I had never authorized the prisoner to sell it or employed any one to sell it for me.
JOHN DOWSETT . I am a horse dealer, and live at Oak-tree-road, St. John's-wood On 21st September I saw the prisoner in High-street, St. John's wood—there was a horse being trotted up and down—the prisoner came and caught hold of my arm and said, "Come and look at the qualities of this horse"—I said, "I know this horse, it belongs to Mr. Cable; I saw him buy it in St. Martin's-lane for thirty guineas"—he said it was his, but he had sold horse, cab and all—I agreed to buy the horse—he
asked 25l.—he agreed to take 12l.—I left the money with the landlord and told him to bring me a receipt—the police-constable came up while I was speaking to him.
Prisoner. Q. Do you say that I asked you to buy the horse? A. Yes—you pretended to be drunk two or three times, and then were sober again in about two minutes, and that excited my suspicion.
MR. RIBTON. Q. Did he say anything about having bought the horse himself? A. He did—he said he had bought it of Mr. Phillips and he knew a man that saw him buy it—I could not find that man.
RICHARD SLOCOMB (Policeman, D 144). On 22d September, about half-past I in the morning I saw the prisoner and Dowsett come up in a cab—I followed them into Little Church-street, Lisson-grove—after heating some conversation about the horse I thought there was something wrong—I said to the prisoner, "What about this horse?"—he said, "What has that to do with you"—I said, "Why don't you tell this gentleman, and take the money from him and go about your business?"—he said, "I will not tell the gentleman, nor yet you"—I said, "You shall tell my inspector"—I took him into custody—I found by inquiries that the horse belonged to Mr. Cable—at the time the charge was being taken he said he bought the horse of a man at 38, Chenies-mews, Tottenham-court-road.
Prisoner's Defence. I was in liquor at the time—Mr. Dowsett says I asked 25l. and took 12l., and that I told him five or six different tales—I asked him for the horse back, and he took me in a cab down to the Portland-road in search of his brother—I found myself asleep in the cab—the cabman woke me up and asked for his fare—I said I had no money—I asked him to drive me to the place where the man said the horse was sold for 12l., but he would not; and I was given in charge.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Four Years' Penal Servitude.
NEW COURT.—Tuesday, October 26th, 1858.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. GABRIEL; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Two Years.
MESSRS BODKIN and CLERK conducted the Prosecution.
THOMAS SUTHERLAND (Policeman, G 179). I produce a certificate of the conviction of Thomas Dutton (Read: "Central Criminal Court, Nov. 1857. Thomas Dutton pleaded guilty to pasting counterfeit coin.—Confined Six Months")—I was present—the prisoner is the person—I took him in custody.
JOSEPH DODSON . I keep the Robin Hood public-house. On 2d September, the prisoner came to my house with a female, about 12 o'clock in the day—the female asked for half-a-quartern of gin; I served her—she gave me a sixpence—I looked at it and told her it was a bad one, and I wished her to give me good money for the gin—she said she did not know it was bad, and she took it at the City of London public-house, which is near there—I told her it was a pity she should have taken it, and I would go back to the house with her and set it to rights—she refused that—the prisoner was there at the time—the woman paid for the drink with coppers, and she and the prisoner left together—I followed them into Queen-street, Golden-square—they had some conversation, and the prisoner went into the Devonshire Arms—the woman was outside—when the prisoner came out the woman joined him, and they went on together. I went into the Devonshire Arms, and spoke to Miles the barmaid—she showed me something—I then followed the prisoner and the woman again—I saw them together near the Regent-circus in Piccadilly—I called the attention of the policeman to them.
LOUISA AGNES MILES . I am barmaid at the Devonshire Arms. On 2d September, the prisoner came about 12 o'clock—he asked for half-a-pint of porter, and gave me a bad sixpence—I broke it in two and told him it was bad, and asked him to give me a good one—I asked him if he had any more like that—he did not say anything but gave me a good one, and I gave him 5d. change—I kept one of the pieces of the broken sixpence; the other part he took in his hand and went away—just afterwards the last witness came in—in consequence of what he said, I preserved the part of the sixpence which I had, and I gave it to the constable.
Cross-examined by MR. SLEIGH. Q. When you told him it was bad did he appear very much surprised? A. No; he did not say he was surprised, he never said anything.
ANN WADE . I am barmaid at the Camden Stores, Castle-street, Leicester-square. On 2d September, the prisoner came to the bar between 1 and 2 o'clock; he asked for a pint of stout—I served him and he gave me a sixpence—I gave him change, and put the sixpence in the till; there was one more sixpence there—a few minutes afterwards I saw a woman in company with the prisoner—she came in and joined him—at that time the policeman came in and he said to me, "What has this man given you?"—I said, "A sixpence"—I looked in the till, and while I was doing so the prisoner said it was a shilling, which I denied—I saw the two sixpences in the till; I could not tell which was the one the prisoner gave me—I found one of the sixpences was bad—the prisoner said he gave me a shilling, but
that was not true; I told him it was a sixpence and a bad one—he said nothing to that—he was taken in custody—I gave the policeman the sixpence.
Cross-examined. Q. Did the woman who joined him appear to be his wife? A. Yes.
THOMAS SUTHERLAND (re-examined). On 2d September, about the middle of the day, Mr. Dodson pointed my attention to the prisoner and the woman—I followed them for about an hour—they went to different places and ultimately to the Camden Stores—I went in shortly afterwards, and they were both in there—I asked the barmaid in their presence what sort of money they gave her; she said the prisoner gave her a sixpence—the prisoner said it was a shilling—the barmaid said, "No, I am sure it was not;" and she produced two sixpences, one of which was bad; this is it—I asked the prisoner what he had got about him, and said I should search him immediately; and he produced another bad sixpence—this is it—I received from Miles part of another sixpence.
William Webster. I am inspector of coin to the Royal Mint—these are all counterfeit, and the sixpence taken at the Camden Arms is from the same mould as this part of a sixpence.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOSEPH DODSON . I keep the Robin Hood public-house. On 2d September, the two prisoners came into my bar; Murphy called for some gin, and offered me a sixpence in payment—I ascertained it to be bad, and I told her so—she said she took it from the City of London public-house—I said I would go there with her, and she refused—she then paid me for the gin, and she and Dutton left the house—I followed them to Queen street, Golden-square, and Dutton went into the Devonshire Arms; Murphy remained outside—Dutton came out and joined her and they went away—I went into the Devonshire Arms and I gave notice to a constable.
Cross-examined by MR. SLEIGH. Q. Can you recollect whether you had seen the prisoners in your house before? A. I should not like to say whether I had or not—they had half-a-quartern of gin—they drank out of the same glass—I had no reason to suppose but that they were husband and wife.
MR. CLERK. Q. If any man and woman come in together, do you always consider them to be husband and wife? A. Not always; not if they drink out of the same glass.
LOUISA AGNES MILES . I am barmaid at the Devonshire Arms, Queen-street, Golden-square. On Thurday, 2d September, Dutton came to the bar for half-a-pint of porter—I served him, and he gave me a sixpence—I broke it and found it was bad—I told him so, and asked him if he had any more of the same sort—he gave me a good sixpence—I kept one part of the sixpence that I broke and gave him the other—the last witness came in and told me something, and I showed him the part of the sixpence—I afterwards gave it to the constable.
ANN WADE . I am barmaid at the Camden Arms. On 2d September, about 1 o'clock in the day, Dutton came in for a pint of beer—I served him; he gave me a sixpence and I gave him change—I put the sixpence in the till where there was another sixpence—I did not see Murphy come in,
but I saw her standing by the side of Dutton—the constable then came in, and he said, in the hearing of the prisoners, "What money has this man given you?"—I said, "A sixpence"—I opened the till and found two sixpences—I can't say which of the two Dutton gave me—Dutton said it was a shilling he gave me—when I said it was a bad one, Murphy said, "You shall not be at the loss of it, I will pay you," and she did—I gave the sixpence to the constable and the prisoners were given in custody.
COURT. Q. When Murphy offered to pay for the beer what did you say? A. I said, "Well, but I gave 4d. change"—and she paid me that in coppers—she said that I should not be a loser of it.
Cross-examined. Q. Had these persons been in your public-house before? A. Not that I know of—Dutton came in first—their general conduct was like that of man and wife—I judged that from the way in which they addressed each other—they drank out of the same pot—I was minding my own business—it is not every man and woman that come in that I judge to be husband and wife—I judge from their general behaviour and the way they talk to each other.
THOMAS SUTHERLAND (Policeman, G 179). On 2d September, I was on duty in Piccadilly—I saw the two prisoners in company with each other; they walked in the direction towards Dover-street—some communication was made to me by Mr. Dodson, and I followed the prisoners—they went through Bear-street, and went into a public-house in Princes-street—they went on to the Camden Arms, and I went in and asked Wade what they had passed; she said a sixpence—Dutton said it was a shilling that he gave the barmaid—she denied it—I heard Murphy say, "They can't hang us for it"—she paid for the drink they had had—I think it was in copper—this sixpence was given to me by Wade—I asked Dutton what money he had got about him, or I would search him immediately, and he produced another bad sixpence—the prisoners were taken to the station—there was no bad money found on Dutton—on Murphy was found one shilling, three 4d. bits, and 10d. in copper—here is part of a bad sixpence I received from Miles.
DUTTON— GUILTY .— Four Years' Penal Servitude.
MURPHY— GUILTY.—Recommended to mercy by the Jury.— Confined Six Months.
FREEMAN— PLEADED GUILTY .— Confined Twelve Months .
JOSEPH SPARKS— PLEADED GUILTY .— Confined Twelve Months .
MESSRS. ELLIS and TINDAL ATKINSON conducted the Prosecution.
JAMES BRANNAN . I was an inspector of police—in consequence of information, I went on Saturday, 2d October, to a house in Fitzroy-market, which is opposite the Prince of Wales beer-house—five other officers accompanied me—I occupied the two pair front room of the house—the officers were all placed where we commanded a view of everything that passed at the beer-house—about 10 o'clock in the morning, I saw Freeman and Swift go into the beer-house—Freeman was carrying this parcel, and
Swift had a child in her arms—they went into the house together—I was in such a position that I could see beyond the door into the house—Swift sat down in front of the bar—Freeman disappeared at the back of the bar, and soon afterwards returned without her basket, without her cloak, and a bow that she wore—she and Swift sat down in front of the bar, and had something to drink—soon afterwards Joseph Sparks and Elizabeth Sparks came in—they went in and out; and Freeman and Swift went in and out frequently—about half-past 1 o'clock, Elizabeth Sparks came again alone; she apparently had some conversation with Freeman, who was in there—Freeman then disappeared at the back as usual; and she returned and received a piece of newspaper from the landlady over the bar, in which Freeman wrapped up what appeared to me to be silver, and gave it to Elizabeth Sparks, who held it under her shawl and came out carrying it in her left hand—she came away with it, and I gave the officer Elliot instruction to follow her and apprehend her at some distance from the place, not within sight of the beer-house—I still kept watching, and about ten minutes before 2 o'clock, the prisoner Crawford came—he joined Freeman, and they were together a very short time; then Crawford disappeared at the back of the premises and left my view—he soon after returned, and at that time Freeman gave him what appeared to me to be a quantity of silver, which he put into his right hand trousers pocket—they had something to drink at that time—there was a good deal of drink going on during the morning—I observed Crawford go in and out several times, and he met several parties, and gave them something—some of them came to the side where we were, and some of them we saw had money in their hands—there were fifty-three persons went into the beer-house that morning; and I believe only two went for a legitimate purpose—about half-past 2 o'clock I saw Crawford disappear at the back of the place, and he came back and tore a piece of newspaper off the bar and wrapped up something which appeared to me to be silver, and gave it to Freeman—I and Bryant gave the constables some directions and we came down—Freeman was proceeding along the street—she turned round, and Bryant seized her—she then had this parcel in her hand in her pocket—she attempted to take her hand out, and I seized her hand and found in her hand this parcel containing six counterfeit shillings—I took her back to the beer-house, where I found Crawford in custody of Cook and the other officers—I called the landlord, and proceeded down stairs to make a search—I went down to the kitchen at the back of the bar—that was the direction in which I had seen the prisoners go at all times—under the window in the kitchen I found this basket, and in it was a counterfeit crown piece and seven half-crowns—the basket was on the floor under the window, and the cloak was laid upon it which I had seen Freeman go in with on her.
Cross-examined by MR. RIBTON. Q. Is that a populous neighbourhood? A. Yes; the beer-house has very many frequenters—fifty-three persons went in—I counted them; the greater part of them did not go for beer—there was one person and one little girl went in with jugs.
JOHN COOK (Policeman, S 198.) I was with Branuan that morning—I saw Freeman and Swift come to the beer-house first—I watched the house seven or eight hours altogether—I saw Joseph Sparks come there frequently, backwards and forwards, and Elizabeth Sparks also—I saw Brannan there—my recollection agrees with his exactly as to what he saw—after he and Bryant had apprehended Freeman, I rushed across the road, and went into the beer-shop with some other constables—I went to the back of the place
and found no one there—I came back again, and found Crawford in an inclined position on the form, in custody of Evans, and about the middle of the form I found five bad half-crowns and two bad shillings; they were wrapped in paper, and separately as they are now.
BENJAMIN BRYANT . I am an inspector of the G division—I was in the house watching with others—I saw Crawford about ten minutes to 2 o'clock—I saw him join Freeman in the beer-house—shortly after, Crawford went to the back of the house—he came back again, and I saw Freeman hand him what appeared to be a quantity of silver—I afterwards saw Crawford give Freeman something, and she left—I went and took her, and brought her back to the house—when I came back Crawford was in custody of Evans—Freeman pointed to Crawford and said, "That is the man that gave me the paper of money"—Crawford said, "Yes, my girl, I did"—I handed Freeman to Cook, and I went with Brannan to search the house—in a bird-cage in the kitchen I found this brown-paper parcel—it contains twenty counterfeit half-crowns wrapped separately in paper, and twenty shillings with paper between them—all the coin was afterwards brought into the tap-room where Crawford was in custody, and I said to him, "We have found all this coin on the premises"—he said, "I know all about it, except the crown piece, and that I know nothing about."
Cross-examined by MR. DOYLE. Q. Were you present when the basket was found? A. Yes; it was found at the same time in another place—Crawford volunteered the information in presence of all the constables—I suppose they all heard him.
THOMAS EVANS (Police-sergeant, G 22). I was watching at that house—I afterwards went into the beer-shop and apprehended Crawford—he was behind the door, in a leaning attitude on a form, with his feet against the door-post—I said, "I want you"—he put his leg down; and I said, "Stand up," and I saw this piece of paper fall from him, which I produce—I took him from there, and searched him—I found 15s. 6d., all good, in his right hand trousers pocket—he said, "Mind, that is all good money"—I found in the paper eighteen counterfeit shillings in one parcel all wrapped up separately, and fifteen half-crowns all wrapped separately, as they now appear—when at the station I heard Joseph Sparks say, "Go and tell the old woman we are all dead to rights."
Elizabeth Sparks. Mr. Brannan knows my husband was not near there.
COURT. Q. They were both together when they came, were they? A. Yes; two or three times.
JAMES BRANNAN, JUN .(Police-sergeant, G 21). I was one of those who were watching that morning—I looked under the dresser in the kitchen at the beer-house and found twenty shillings wrapped in separate pieces of paper—I saw Crawford in custody in front of the bar—I heard him say to Freeman, "We are all to rights, do not give your address when you are before the Beaks, do not say anything, do not answer any questions"—he whispered it—I repeated it aloud before the other officers—I told him I should state it before the magistrate—he said, "I don't care what you say, so long as you speak the truth."
Cross-examined by MR. DOYLE. Q. Is the landlord of the house here? A. No—I believe he has run away—I don't know why he was not taken at the time.
ARTHUR ELLIOTT (Policeman, G 104). I was there—I followed Elizabeth Sparks about twenty yards from the house—she was joined by Swift and Joseph Sparks—Elizabeth Sparks passed a paper to Joseph Sparks—he unfolded it, and the white paper was thrown away, and something was handed by Joseph Sparks to Swift—I did not see where he got it from—Swift then left the two Sparks, and went to a butcher's shop, 1 Munster-street—she went into the shop, and the two Sparks waited ten or a dozen yards from the shop—Swift came out and joined the two Sparks again, and they were standing together three or four minutes—Swift then left them again, and she went to Mr. Hook's, 32, Munster-street—she remained there a short time, and then came out and joined the two Sparks again; they had been waiting a short distance away—they went on, and I called another officer, and we followed them to the King's Head in Cumberland-market—they all went in there together—I went in and said to them, "I am a police-constable; I believe you have counterfeit money about you"—Joseph Sparks said, "I think you are mistaken;" and at that moment I saw Swift drop a purse, which I picked up and found in it four counterfeit half-crowns wrapped separately in paper—we then took them to the station—Joseph Sparks there put his hand into his waistcoat pocket, and in it I found this counterfeit half-crown and a mark on it which I believe can be identified by the butcher—there was no counterfeit coin found on Elizabeth Sparks.
Cross-examined by MR. RIBTON. Q. How many persons were in the public-house at the time? A. I did not take notice who were in the house—I knew the prisoners were in the house—I knew the two Sparks and Swift were in—I believe there was one man sitting on the form—the two women were sitting down, and Joseph Sparks was standing by the side—he was leaning on a small barrel which was between him and Swift; her right hand was towards him—Sparks was sitting on the left of Swift—I was watching them about twenty minutes—I believe they had a pint of porter; they had it when I went into the house—I was not in uniform; they did not know me—I was in different places while I was watching them—I was standing in front of Swift not more than half a yard from her when she dropped the purse from her right hand—she did not say that Joseph Sparks had handed her something—Joseph Sparks said at the station, "That is my purse"—Swift did not say in my hearing that it had been handed to her by Joseph Sparks—I picked the purse up when she dropped it—Hull, of the S division, was there—I can't tell how many persons were in the public-house—Swift had a baby with her, she seemed to carry it about the whole day while I saw her—Hull was standing by my side when Swift dropped the purse; he said that he saw it drop—I picked it up and kept it in my possession.
HARRIET DAVIES . Elizabeth Sparks is my daughter—my second husband's name is Lewis Davies; he is a painter and glazier—she is my second child by my second husband—I did not bring this parchment of her marriage; my son-in law brought it; his father is here—I live in Warren-street, Tottenham-court-road.
—RICHARDS. I married Joseph Sparks's mother—I know of his being married; he brought this certificate to me the day after he was married—it was in June or July this year—I have seen Elizabeth Sparks and him living together as man and wife from that time.
GEORGE HULL (Policeman, S 168). I assisted Elliott in apprehending the prisoners—I saw the purse fall from Swift in the public-house; it seemed to fall from her right hand—I could not distinctly see whether it fell from
her hand—I saw Elliott pick it up; he was standing in front of me—the two females were sitting and Joseph Sparks was standing—I saw the money taken from Joseph Sparks's waistcoat pocket at the station.
Cross-examined by MR. RIBTON. Q. Where were you standing in the public-house? A. Just inside the door, on the right of Joseph Sparks; he was between me and the females—he was standing next to Swift—he was perhaps two or three feet from her—Elliott was a little further in the public house—he was before me, standing in front of the women—Elliott picked the purse up—I just called his attention to it, but I believe he saw it as soon as I did—Swift did not say that Joseph Sparks had passed the purse to her—it was not said in my presence—Joseph Sparks said the purse belonged to him—he did not say that he handed it to her or gave it her.
FREDERICK WALLER . I am clerk to a butcher in Mortimer-street—the prisoner Swift came there on 2d October—she asked the price of chops—I told her 8d. a pound—I weighed her one pound and three ounces, and she gave me a half-crown—I found it was a bad one—this is it; I marked it with my teeth—I told her it was bad—and she said she most take it to where she got it from—she went out of the shop—I did not see her again till she was at the police-station.
CRAWFORD— GUILTY .— Confined Two Years.
SWIFT and ELIZABETH SPARKS— NOT GUILTY .
MESSRS. ELLIS and T. ATKINSON conducted the Prosecution.
ELIZA WINDER . I am barmaid at the Wheat sheaf public-house in Marylebone. On Monday, 4th October, the prisoner came to my bar about 10 o'clock—she asked for half-a-quartern of gin, and gave me a half-crown—I directly saw it was bad—I told her so, and put it to my teeth—she told me not to bend it as she knew where she took it—it was very soft—I gave it her back—she did not drink the gin—she went away and did not return. About 8 o'clock in the evening I saw her again at the same place—she was served with a pint of beer by Mr. Greaves the landlord—she paid for it with a good sixpence—a policeman came in there for her.
Prisoner. I am innocent of the half-crown. I was not out of bed till 10 o'clock. Witness. I am sure you are the person; you were dressed as you are now—I think you had a shawl on, you appeared to me to have been washing, you came in a great hurry.
GEORGE WILLIAM FRANKLIN . I am barman at the Ship public-house in Marylebone-street. On 4th October, the prisoner came about a quarter before 8 o'clock in the evening for a pint and a half of porter—it came to 2 1/4 d.—she gave me a lion shilling—I gave her 9 3/4 d. in change—I placed the shilling in the till on the top of some sixpences—there was another shilling under them—I can't say how many sixpences there were, there were several—I had noticed that the other shilling was one of Victoria's—I am quite sure it was good—I had taken it about a quarter of an hour before—I bit it and it was good—I noticed that the shilling the prisoner
gave was bad in about two minutes afterwards, and placed it on a shelf under the counter—the prisoner came again, and again asked for a pint and a half of porter—I knew her before she asked for anything—she put another shilling on the counter—I looked at it and found it was bad—I put it to my teeth and broke it in half—she caught up the biggest piece—I told her it was bad, and it was the second one she had offered—she took the piece of the shilling and walked out—I had the other piece in my hand—I took the other shilling from where I had placed it—I followed the prisoner to the Wheat sheaf, and there gave her in custody—I gave the bad shilling and the piece to the constable.
GEORGE DAVIS (Police-sergeant, E 1.) On 4th October, about 8 o'clock, I was called to the Wheat sheaf, and the prisoner was given into my charge by Franklin—he gave me the piece of a shilling and this entire shilling—I took the prisoner to the station; a good shilling was found on her and 4 1/2 d. in copper.
Prisoner's Defence. I am innocent of the half-crown, and I did not know the shilling was bad—I asked the man not to give me in charge—he went and got another shilling, and I said, "Why did not you give it me back? I would have given you another for it."
GUILTY .— Confined Nine Months.
MESSRS ELLIS and T. ATKINSON conducted the Prosecution.
HARRIET CULLIS . I am the wife of Samuel Cullis, a tobacconist, of 105, High-street, Poplar. On 24th September, the prisoner came about half-past 7 o'clock in the evening and asked for half an ounce of tobacco; I served him—he gave me half-a-crown; I gave him 2s. 4 1/2 d. change, and he left the shop—I put the half-crown in the corner of the till by itself, there was no other half-crown there—in a few minutes after the prisoner was gone, I sent the half crown out for change by Marshall and he brought it back bent—I then found it was bad—I put it in the bottom of the cash-box away from other money—I locked the box and put the key in my pocket—the next morning I straightened the half-crown for convenience, but it remained in the bottom of the box. On Tuesday, 5th October, the prisoner came again for an ounce of tobacco—he paid me with a crown—I told the girl to go out and get change, and whispered to her to bring in a policeman, which she did—I gave the crown and the half-crown to the policeman—and gave the prisoner in charge.
Prisoner. Q. How soon did you find the half crown was bad? A. The moment I took it I suspected it, it looked very white—I did not return it, as I thought you were a respectable young man—there was a policeman there when you first came; he came for half an ounce of tobacco; but I was not then satisfied that the money was bad.
MAGNUS ALFRED MARSHALL . The last witness is my aunt—about three weeks ago she gave me a half-crown to get change—I went to Mr. Mills, the baker, and he bent it with something he had on the counter—he gave it to me and I took it off to my aunt; she put it in her cash-box.
ELIZABETH MARSHALL . I was in the shop on 5th October—I saw the prisoner—he asked for an ounce of tobacco—he was served, and he gave in payment a five-shilling piece—Mrs. Cullis said something to me—I took the crown to Mr. Mills; he bent it in the detector—I saw it was bad—he
gave it me back—I went and got the constable, and took the five-shilling piece back to my aunt—I noticed the mark that Mr. Mills had made on it—this is the piece.
NEHEMIAH SHEERING (Policeman, K 179). On the 5th October, I was called to the shop; I found the prisoner there—I asked him how he came by the money—he said he took it at Croydon fair, and he had not been in the shop before that night—Mrs. Cullis gave me this crown and half-crown—the prisoner had 2 1/2 d. in coppers on him.
GUILTY .— Confined Four Months.
MESSRS. ELLIS and T. ATKINSON conducted the Protection.
BENJAMIN MILLARD . I keep the George and Dragon at Brentford. On the 15th September, between 7 and 8 o'clock in the evening, the two prisoners came into my house and asked for a pint of beer—I drew it, and Burns offered me a half-crown—it appeared to be a very bad one—I gave it back to Burns, and Wilson paid me.
Burns. Q. How do you know it was bad? A. A clerk of the bank was there; I asked him to look at it, and he said it was very bad.
JANE BLACKWELL . My father keeps the Coach and Horses public-house. On 15th September the two prisoners came in together, between 7 and 8 o'clock in the evening—Burns called for half-a-question of gin—the price was 2d.—Burns offered me half-a-crown; I said it was a bad one—he said, "I think not, ma'am"—I returned it to him, and Wilson paid me in copper.
JOHN CULLIS . I am the father-in-law of Thomas Davis, who keeps the Northumberland Arms public-house. On 5th September, two young men came and had some beer—I don't know whether the prisoners are the men—they gave a half-crown.
Burns. This is the man that served us with the liquor. Witness. Yes—my son-in-law was close by—I gave it to him to give change.
THOMAS DAVIS . I am the son-in-law of the last witness—I was there when the half-crown was uttered by the prisoners—I don't know which of them put it down, but they were together—my father-in-law drew the half-and-half for them—I was behind them, looking at them all the time—one of them put a half-crown down, and my father-in-law said, "Davis, I want change"—I went to the bar and gave 2s. 3 1/2 d. change—I put the half-crown in the till, not knowing whether it was good or bad—Burns took the change—while I was gone for the change they drank the beer and went away—in five or ten minutes afterwards I was informed of something—I looked in the till and found only that one half-crown, and it was bad—I put it in my pocket—it was marked and given to a policeman.
JESSE ALLEN (Policeman, T 106). On Wednesday night, 15th September, the prisoners were pointed out to me in New Brentford by Mr. Davis, the landlord of the Northumberland Arms—I procured the assistance of another constable, and we followed them and took them to the station.
Burns' Defence. I had a half-crown—I did not know whether it was good or bad—I offered it, and when I found it was bad, I threw it away.
Wilson's Defence. I and this young man were at work together—I am a smith, but had been out of work about two months—I was going on the road to try to get work—I had three or four shillings in my pocket when I started—we got to Brentford and meant to stop there that night—we went and got a pint of beer, and they said the half-crown was bad—they never tried it in any way—I do not believe it was tried—we had no more money.
BURNS— GUILTY .*— Confined Nine Months.
WILSON— GUILTY .— Confined Six Months.
MR. ELLIS conducted the Prosecution.
MARY DAVIS . I wait at Mr. Clough's, a coffee-house keeper in the Minories. On 21st October, the prisoner came about 4 o'clock in the afternoon—he had half-a-pint of coffee and a slice of bread and butter—they came to 1 1/2 d.—he offered me a shilling; I gave him the change—I had other customers at the time, and did not examine the shilling; but I put it in my pocket—I afterwards gave it to She a to get change—she brought it back; I laid it on a shelf till Mr. Clough came in—I gave it to him and he gave it me back—I saw the prisoner when he came again—I am sure he is the person who came on the first occasion.
Prisoner. Q. What do you know me by? A. By your dress—I saw you before at the Marquis of Granby—you gave me a bad shilling there.
JOHANNA SHEA . I am servant to Mr. Clough. On 21st October I got a shilling from the last witness to get change—I took it to the cheesemonger: he said it was bad, and gave it me back—I am sure it was the same I got from the last witness; it was not out of my sight—on the next day I saw the prisoner about a quarter past 2 o'clock in the afternoon—he asked for a cup of tea and a slice of bread and butter—they came to 2d.—he offered me a shilling—I took it down stairs to Mr. Clough—he came up.
JAMES CLOUGH . I saw the shilling which the prisoner gave to She a—I went to the prisoner and told him it was bad; he gave me a sixpence—I gave him 4d.—I got the other shilling and marked them both, and gave them to the officer—I recognised the prisoner as a customer of mine at the Marquis of Granby, two months ago.
WILLIAM CLAYDON (City policeman, 523). I took the prisoner, and got these two shillings from Mr. Clough—there was only 4d. found on the prisoner—he gave his address in some court in Worship-street—I went there, but could not find any person of that name.
Prisoner's Defence. I took the money in my wages; I did not know it bad.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, October 21th, 1858.
Before Lord Chief Baron Pollock and the Second Jury.
PLEADED GUILTY .— Four Years' Penal Servitude .
NOT GUILTY .
MR. RIBTON conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
MR. DOYLE conducted the Prosecution.
JAMES CATLIN . I live at Staines, and keep a brick-field there. On Saturday evening, 18th September, about 7 o'clock, I was on my premises—I saw the prisoner pass me—it is about 200 yards from Mr. South's stacks—I walked round the premises and on to the top of my kiln, and about four or five minutes after the prisoner had passed me I heard some one halloo "fire"—I saw the stacks on fire, and ran towards them and met the prisoner—it was he who cried "fire"—he was coming from the fire towards my premises—he apprised me of the fire and he was hallooing "fire" at the same time—I said to him, "Why, it is not above three or four minutes since that you passed me"—he said "No, it is not"—I said, "Did not you observe it when you went towards the stacks?"—he said no, he did not; that he had got some twenty or thirty yards past when he heard a crackling like fire, and he turned his head round and saw the stacks on fire—I said, "Did you not observe any one run from the stacks?" he said, "I did not"—I went and apprised Mr. South of the fire as early as I could—I then came back to the fire—a police-sergeant came and spoke to me about it, and I gave him information.
Prisoner. Q. Was it one stack or two that was on fire when you came? A. One stack when I first saw it, when I met you.
COURT. Q. How far had he got from the stack when you met him? A. I suppose from 100 to 130 yards—I ran towards him and he was running towards my premises—he was returning on the same track that I had seen him go four or five minutes before—he was hallooing "fire"—I am quite sure that he is the same man that I saw before—I had never seen him before that night—I don't know whether he had a pipe with him or not—I did fancy he was smoking a pipe when I met him as he was coming from the fire, but I cannot swear it.
WILLIAM ATTER (Police-sergeant, T 27). On the night of 18th September I saw the prisoner at the fire—he was standing in the road about twenty yards from the ricks; they were then both on fire—he was standing looking on with others, with his hands in his pockets—I asked him if be saw the fire break out—he said he did; that he was passing along the road and heard a crackling noise as of a fire—I asked him if he saw any person near the rick—he said, "No"—I asked him if any person could have been near the rick without his seeing them—he said,
no, he did not believe anybody was there—I asked if he had been in the field where the ricks were—he said, no, he was passing along the road and he had passed the ricks about thirty or forty yards—he stated that he had come from Gosport, and had been to Feltham seeking employment—after that he went into the town of Staines—I followed him and told him that I should take him into custody on suspicion of setting fire to the stacks—he hesitated some minutes; I then told him he must go to the station—he said, "Well, I am glad you have taken me, I did it and I should be sorry to see any innocent man taken; I felt as if I could not go away"—I then took him to the station—he stated that he went to lay down under the stacks and in lighting his pipe it ignited the ricks—I searched him and found a pipe in his pocket—I cannot say whether the pipe had been lighted, it had no tobacco in—it was an old pipe—it had been used.
Prisoner. Q. How long did you remain at the fire? A. Till about half-past 10—I had arrived there about half-past 7; it broke out about 7.
ROBERT HENRY RIGARLSFORD (Police-sergeant, T 26). I remember this burning of Mr. South's stacks—I saw the prisoner that evening at the fire—I asked him how long he had passed—he said he had gone about one hundred yards by the rick, he heard a crackling noise and turned round and found it was the ricks on fire, and he then went and gave information to Mr. Catlin in the brick-field—I asked him if he had seen any person near at the time—he said, yes, there was a man in front of him with a blue frock on, and he went on the road towards Staines—I asked him if he had seen him since—he said he had not—on the Monday, as I was taking him to the Sunbury bench of Magistrates, I asked him where he came from, as I should write down to the place to enquire about him—he said he had come from a place called Frater, near Gosport, where he had been working at a barracks; he then told me that he went to lie down under the rick, that there was a hole in the rick, that he had been smoking a pipe previously, that he put the pipe into his waistcoat pocket and set fire to some lucifers which he had in his pocket, and in throwing them out of his pocket he set fire to the rick—I examined his waistcoat pocket; there were no marks of any fire—another constable was present at the time—this was on the 20th—he had been taken on Saturday night, the 18th, by Atter—he is a stranger in the neighbourhood.
Prisoner. Q. Did you get any answer to say that I really was at work at Gosport barracks? A. Yes, I found you had been at work there but they knew nothing more of you.
JOHN SOUTH . I am a farmer, at Staines, in Middlesex—I had two ricks of oats on Saturday, the 18th September; they were burnt down on that evening—they were worth 172l. 10s.—I had that from the County fireoffice for them, where I was insured.
Prisoner's Defence. I had walked that day nearly forty miles—I had been at the new Reformatory schools which are building at Staines, where I was told I could get employment—I could not get any—I was very tired and footsore, I had no money, and I thought I would lie down under the stack for a few hours before I started back for Gosport, a distance of sixty miles—I was smoking as I came down the road, a man up at the works had given me a pipe of tobacco—when I got to the rick I thought it would be dangerous to lie down there with my pipe alight, and I shoved it into my waistcoat pocket—I had three or four matches there, and I had hardly shoved the pipe in when they began to fizz—I turned them out, and there being a lot of loose
straw there, the matches set the straw alight; I stamped upon it but could not put it out—I then directly ran to give information—if a bucket of water could have been got then it would have been put out—does it appear feasible that an entire stranger as I was should have done it wilfully?—that I did do it is true, and no one can be more sorry for it than I am, but I am as innocent of setting fire to it wilfully as any one of the jury; if I had been guilty I should not have waited about there for four hours and upwards, I could have gone away and no one could have stopped me—I am charged with setting fire to two stacks, but I only set fire to one—I went into the town with the policeman, and I had gone before that to his house on purpose to tell him, and his wife told me that he had gone up the town—he did not take me into custody, I gave myself up, fearing that if I left, some one belonging to Mr. South might be taken up for it.
MR. SOUTH (re-examined). There was some loose straw, but it was a distance away from the ricks, I should say five or six yards; there were no holes in the ricks, no pigs had been turned into the field; there was no signs of any person having been sleeping there—the ricks were about ten yards from the road—I last saw them before the fire between 12 and 1 o'clock that same day.
NOT GUILTY .
NEW COURT.—Wednesday, October 27th, 1858.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY .— Confined One Week .
PLEADED GUILTY .— Confined Six Months.
NOT GUILTY .
MR. WAY conducted the Prosecution.
WILLIAM WIDGINGTON . I am a boot-maker, of 194, Kingsland-road, in the parish of St. Leonard, Shoreditch. On 14th September, I was called down into my shop about 3 o'clock in the morning, and I found the prisoner and a policeman there—before I went to bed, about 11 o'clock the night before, I had fastened up my premises securely—I found this piece of moulding broken from the bottom of the fan-light—it had been wrenched away and the fan-light became loose, which would enable a person to get in from the fan-light which would lead them into the shop and when in the
shop they could unbolt the door—the moulding was all right when I fastened the door the night before—I was the last person in the shop.
Cross-examined by MR. AUSTIN. Q. Was the door shut that night fast? A. Yes; I secured the door—I secure it every night—I am in the habit of locking up my premises.
DANIEL LEVERIDGE (Policeman N 84). On 14th September I was in Kingsland-road about 3 o'clock in the morning—I was at the corner of King Edward-street, about five or six houses from the prosecutor's premises—I heard a noise like a wrench of wood—the corner I was at stands rather back—I stepped from the place to the kerb, so that I could see to the end of the Kingsland-road, and I saw a man standing opposite the prosecutor's premises with a bag under his arm—it being dark where I was, he could not see me—I went towards him, and immediately he saw me he made off—I was about making after him when the prisoner came out of the door of the prosecutor's shop, and seeing me, he went into a coffee-shop and I went in and took him—I took him into the prosecutor's shop and called the prosecutor—from the time I saw him come out of the shop till I took him in again, he was never out of my sight—I saw the moulding of the fan-light of the shop—there was a mark of a chisel or something round it—the wrenching of that would cause such a noise as I heard—it was either that or the falling of the fan-light.
Cross-examined. Q. Could you see in what state the prisoner was? A. He was rather agitated—I could not say whether the noise I heard was inside or outside—I had known the prisoner before—I would not allow him to run away.
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
GEORGE LEGG (City policeman, 440). About 5 o'clock on 20th October, I was in Cannon-street with Evans—I saw the prisoner take a coat from out of a chaise, roll it up, and put it under his arm—he came towards where I was—I met him and took him in custody—Evans also took hold of him—in consequence of his violence, we were obliged to leave the coat in Mr. Lane's butter-shop—I received it afterwards—this is it.
Prisoner. Q. When I crossed the road, did you not meet me and ask me where I got that coat? A. No; I did not ask you anything—I told you I was a police officer and took you in custody—you said you picked the coat up, and having seen you lurking about before, I took you.
Prisoner. Q. Did you not say you did not see anything of it? A. I said I did not see you take the coat out of the chaise.
WALTER CHARLES FOSTER . I am traveller for Mr. Mc Cree of Cannon-street—this is my coat—on 20th October, I was in a gig in Cannon-street—I left my gig to go into a house—I was called out, and saw the policeman with the prisoner—I had sat on the coat to drive—it laid over the back of the gig.
Prisoner's Defence. I picked it up.
GUILTY .— Confined Nine Months.
MR. COOPER conducted the Prosecution.
BENJAMIN COOK . I am a porter, and live at 3 1/2. Bell-court, Walbrook. On 18th October I removed from Dowgate-hill to where I now reside—the prisoner lived in that house—my watch was hanging in the back bed-room—the prisoner assisted my wife in taking some things from one house to the other—I missed my watch—I have seen it since—this is it—when I missed it, I asked the prisoner if she had seen the watch, or been in the room; she said she had not—it is worth 4l.
JOSEPH COMBER KNIGHT (City policeman). I received information from the prosecutor, and went to Mr. Danes the pawnbroker on the Wednesday following the loss of the watch—I saw the prisoner the next morning in her own room—I said to her, "You are aware about Mr. Cook having lost his watch?"—she said, "Yes, I have heard about that, but I don't know anything at all about it"—I said, "Well, I have found the watch at a pawnbroker's in Red-cross-street, and you answer the description of the person who pawned it; you must go with me there"—she went with me, and the pawnbroker immediately identified her—she said, "I can assure you I don't know anything at all about it."
Prisoner. I never went in your shop till I went with the policeman.
COURT. Q. Did you know her before? A. No, I don't know that I had—I gave a description of the person who pawned it, in consequence of which she was brought to me.
GUILTY .†— Confined Six Months.
MR. COOPER conducted the Prosecution.
EDWARD LANE . I am a cheesemonger, of 58, Cannon-street—the prisoner was in my service about ten days—he served one hour during the day, from a quarter past 1 till a quarter past 2 o'clock, and he occasionally went down—in consequence of something, I marked three shillings and a florin—I gave the three shillings to Amelia Owen—I returned to my shop soon after—Amelia Owen came in, and made a purchase—I saw her at the counter—she was served by the prisoner—at that time I was called out of the shop—I returned, and went behind the counter; I took the money out of the till, and found two of the marked shillings—the officer came in, and I gave the prisoner in custody—I examined under the counter, and found a quantity of butter or lard, fixed under the counter, by the side of the till—it would be impossible for the money to jerk out of the till to that grease; it would fall on the floor—in putting money into the till none of it could catch on that grease—that is not the place where butter would be put.
Cross-examined by MR. AUSTIN. Q. Do you sell butter in the shop? A. Certainly, it is our business—it is sold on a slab—it is sold in any quantity—I have looked under the counter to see if anything of the kind was placed there—I make a minute of looking under the counter—I never missed anything out of the shop before the prisoner came; but I have heard of such things—to my knowledge I never lost a farthing in the shop—the butter-scale is not exactly over the spot where this grease was; it comes very close on the spot.
AMELIA OWEN . I am married—I occasionally clean the cells at the police-office—I received the three shillings from Mr. Lane—I saw the mark—I took them to his shop, 58, Cannon-street—I bought some goods to
the amount of 2s. 7 1/2 d.—the prisoner served me—I paid him the three marked shillings—he gave me 41/2 d., change, which he took from the till.
Cross-examined. Q. Was the butter-scale near the till? A. Yes—I cannot say that it is exactly over it, but it is close by I know, by the manner in which he put the money in the till—two of the shillings were marked under the head; and one by the Queen's face—I believe the money he took from me fell into the till; I did not particularly notice.
WILLIAM BROWN . I am in the prosecutor's employ, and have been so eight years—I was in the shop when Owen came in—I cut a quantity of cheese for her, and handed it to the prisoner to weigh it—he served her with some butter—I saw him receive three shillings—he put two shillings in the till, and one shilling he put under the counter by the side of the till—I saw that distinctly done—I made a sign to Mr. Lane, and he came in and gave the prisoner into custody.
Cross-examined. Q. Did you see three shillings handed to the prisoner? A. I did—I was standing within about two feet of him, on the other side of the counter, in the middle of the shop as you may term it—I saw two shillings fall in the till.
SAMUEL EVANS (City policeman, 450). I was called into the shop—I felt under the counter; I found some grease, and directly under it was a shelf on which I found this shilling—the shelf is about fourteen inches under the counter—the till is over the shelf—the face of the shilling was greasy as if it had been stuck to the grease and had fallen down—it would have fallen on that spot.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
MARGARET MCGROW . I am single, and live at Lisson-grove—I went to Phill's-buildings last Thursday, and was looking at some goods—I missed my purse, and from what some young woman told me, I went to the prisoner who was standing near—I asked her if she had got my purse; she said she had not—I took her hand, and another young woman took her other hand, and took her to the station—she there gave the purse to the officer, and said she had picked it up—it was my purse, and it contained 6s.—I had it in my pocket two minutes before I missed it—I had my hand in my pocket and the purse in my hand, and I left the purse in my pocket.
Prisoner. I had the purse half-an-hour—one woman saw me pick it up, and she said "Halves"—I said, "No"—I put it in my pocket—I never moved from the spot, and shortly afterwards I was accosted by a lot of Jew women.
MARGARET NEEDS . I am single—I live in Devonshire-place, Whitechapel—I was standing near the prosecutrix on that day—I saw the prisoner put her hand in her pocket, and put the purse down her bosom; I saw it in her hand—I told a young person, and she told the prosecutrix—I helped to take the prisoner; I took hold of one of her wrists, and took her to the station—she there took the purse out of her bosom and gave it to the policeman.
Prisoner. Q. When you saw me pick up the purse did you not ask me to give you half? A. No.
Prisoner. I was there half-an-hour, and you came back with a lot of Jew women and you all surrounded me as if you were going to eat me—if you saw me put my hand into her pocket why did not you take me then?
Witness. I was frightened—you walked round the market about five minutes; I was watching you.
EDWARD HARDING (City police-serjeant, 2). The prisoner was brought to the station on 21st October, and was handed to the female searcher—the last witness said she saw her take the purse and put it in her bosom—I said to the prisoner, "If you have the purse you had better take it out"—she put her hand in her bosom and pulled out this purse and 6s. in it.
Prisoner. I said, "I have got the purse which I have picked up, but I have not opened it." Witness. I did not hear you say that, if you had I should have heard it.
Prisoner's Defence. I am innocent—I picked it up—I said, "If you think I have it I will go to the station," and we did so.
GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
THOMAS MITCHELL . I am porter to Mr. Cornelius Barham, a grocer in Spital fields. On the afternoon of 14th September, I was drawing a truck in Burr-street, Whitechapel-road—I saw the prisoner come behind the track, he turned round sharp, stepped aside, and said that the wheel was breaking down—I knew it was wrong—I stopped about two minutes afterwards and missed a parcel of sugar—I saw the prisoner running away with it under his arm, and called a policeman who pursued him, and he was taken on the 16th—the sugar was in a purple bag, and there were 14lbs. of it—I am sure the prisoner is the man.
Cross-examined by MR. RIBTON. Q. How was the sugar packed in the truck? A. In a purple paper bag in a box in the truck—it was a bright day, there was no fog—when I saw the prisoner running back, he was about three hundred yards from me; I had never seen him before that day—the foreman of our establishment had loaded the truck; his name is Horton—there was in the truck about one hundredweight of moist sugar, 10lbs. of tea, and some coffee—the tea was in white paper—the other box contained some parcels—I did not load the truck, but I know by the bills what was in it—I did not put any of the parcels in myself—I had stopped half-an-hour before, and the sugar was all safe in the box; there was only a coarse sort of a bag over it—I took the cover off to see that all the things were safe—I always do so at a shop, and before that I had seen the things put in the box—I did not go to see if the sugar was there before I saw the prisoner running away—he had said that the wheel was breaking, that excited my suspicion—I stopped about two minutes after, and the prisoner was a distance of three hundred yards off—I uncovered the box and found the sugar was gone—I described the prisoner as well as I could to the police.
JOHN FOREMAN (Policeman, K 378). I saw the last witness with the truck, and had some information from him—I saw the prisoner running away with a parcel under his arm, and I ran after him—I could not catch him; I lost sight of him—the parcel was in a kind of purple bag.
Cross-examined. Q. Did not you say at one time that the bag was brown? A. I could not see exactly what colour it was—it was something of a purple—to day is the first time I have used the word purple—the prisoner was about fifty, or I might have said one hundred yards off—there were not many
persons in the street—it was between two dead walls—there were several persons about the truck—it was a two-wheeled truck.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
EMMA COX . I live in Thomas-street, Commercial-road. About 2 o'clock in the morning of 16th October, I was in Whitechapel-road—I met the prisoner's brother—I afterwards met the prisoner, he gave me a blow across my nose and knocked me down—he said I was the instigation of his brother being locked up—I fell on my hand and sprained it—when I was on the ground he kicked me on my right side—I was hurt a great deal—I went to the London Hospital, and had my hand bound up.
Cross-examined by MR. RIBTON. Q. How do you get your living? A. By washing and charing, and working at my needle—the prisoner's brother was not present when this occurred; he was in custody—he had not been in custody many minutes—it was just outside the London Hospital where I had the blow—there was no public-house by it—it was between 2 and 3 o'clock—I had been down to Bow to my mother—I did not know it was so late when I came out—I am not an unfortunate girl—I am not accustomed to be out late—I have been out late, but not lately; sometimes I am at work late—I had been in the Gardener's public-house—I was not there many minutes—I had been in the Royal Oak; I was there five or ten minutes—the prisoner's brother was with me there, and some female—I met his brother against Mile-end-gate—I had known him many years, and knowing him he came back with me, and asked me to take a glass of something to drink—it did not take many minutes to come from Mile-end-gate to the Royal Oak—my mother lives at Bow—I walked from the gas-works to Mile-end-gate—I do not know how long it took me to walk—it might be a quarter of an hour or twenty minutes—I met the prisoner's brother between 1 and 2 o'clock—we came to the Royal Oak; we had some gin—his wife was not there—we came out, because there was going to be a quarrel with some young women—I did not have anything to drink there—we came over to the Gardeners, and his wife came in there—we had a quarrel when we came out; the prisoner's brother's wife tore the back of my bonnet off, and my cape, and with the scuffle of my picking up the cape the officer took him—the prisoner's brother did not strike me—his wife did not make my nose bleed—I never had a spot of blood on me till the prisoner struck me—The prisoner's brother never committed any assault on me, and his wife never struck me—his wife gave him into custody; he was fined by the Magistrate—he was taken in custody for making a noise in the street—I said, "Here is his wife;" and the officer said to me, "Go away," and as I was going, the prisoner struck me—I had just been speaking to the policeman, and he had gone on with the prisoner's brother—there was no one near me when the prisoner struck me—there was no person in the public-house that I knew—when the prisoner's brother's wife was pulling my cape off, I did nothing—her husband came and said, "You are wrong," and he pulled her away from me—I then stooped to pick my cape up—I was on the ground when he pulled her away from me—she was on her knees—I cannot say whether she and I fell together.
Cross-examined. Q. Do you know anything of this row? A. No; I do not know the prosecutrix—I know the street she lives in, Thomas-street—it is about a quarter of a mile from Mile-end-gate.
GUILTY .**— Confined Nine Months.
There was another Indictment against the prisoner, on which no evidence was offered.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
JOHN GRAY . I am foreman to Frederick William Westley, and another, bookbinders in Doctors'-commons—we bind the Christian Observer for Hatchard's in Piccadilly—we supply that to their customers on orders presented to us on the publication day—amongst others, Messrs. Piper's sent us an order dated 30th September, for 155 copies—this order was brought to me on the morning of the 30th September, by a porter from Piper's, of the name of Thomas; when he brought the order, there were not sufficient copies printed for him, and I gave him fifty-five copies—I kept the order; he signed for the fifty-five copies on the back of it—some time afterwards another person, who I believe to be the prisoner, came as from Piper's—he said, "Is anything ready for Piper's"—he inquired for the Westminster Review—I told him how many they had had of them, and that the others were not ready—I then told him how many they had had of the Christian Observer, and I gave him one hundred copies more of them and he signed the receipt—shortly after Piper's porter came, and I told him—I gave a description of the prisoner to Gayler the officer; he took me to a public-house in Warwick-lane, and I saw him take from a closet under the stairs eighty-three copies of the Christian Observer for October, and some other things—it was then about half-past 2 o'clock, and I should say at that time, there was no publisher who had so large a number of the Christian Observer—the publishing price of one hundred numbers was 7l. 10s. 0d.
Cross-examined by MR. SLEIGH. Q. How soon afterwards did you see the prisoner? A. I did not see him in custody till the next day at the station. Gayler came and told me that he had got him—he took me to the station to see if I could identify him—he pointed out the prisoner, and asked if he was the man—Gayler told me he knew very well who I meant by the description I gave—the prisoner called between 11 and 12 o'clock in the morning, the place had been opened for the delivery of publication—he addressed me first; I was in the counting-house—he was near to a table—there were two other persons there that I had been delivering magazines to, and the prisoner stood aside for a few minutes—there is a person who usually packs them up, but on this occasion I gave them to him myself—I positively believe him to be the man—I had such a recollection of him that I gave a description of him.
MATTHEW GRANT . I am door-keeper at Messrs. Westley's. On 30th September, a little before 12 o'clock, I saw the prisoner come into our house; I am quite sure he is the man—he came in at the door and went through.
Cross-examined. Q. Were you taken to the station to identify any one? A. I was—the prisoner was shown to me by Gayler, and I was
asked if he was the man—I have always been as positive about it as I am to-day, I said so at the time, and I said so at the station.
WILLIAM HASSELL . I am porter to Messrs. Westley's. On 30th September I was there when the magazines were given out—I saw the prisoner there between 11 and 12 o'clock; he was waiting to take his turn to speak to Mr. Gray—I know this parcel of books came from Messrs. Westley's—I tied them up that morning.
Cross-examined. Q. Did you go to the police-station the next day? A. Yes, I was taken there by Gayler—I was fetched by the foreman and we all went together—we were all together when the prisoner was shown—I cannot tell who first said "That is the man"—I have always been as positive that he is the man as I am now—I heard that a man had been taken on this charge, and went to see him—I had seen the prisoner previously—I had seen him occasionally in the Row, in the trade.
JOHN THOMAS GAYLER (City-policeman). In consequence of a description given me, I went with Mr. Gray to the Physicians' Arms, Warwick-lane—I had seen the prisoner before that day—I had seen him at that house frequently; his name is Cooper—he always went by the name of Little Bill Cooper—I found in a cupboard at the Physicians' Arms these eighty-three numbers of the Christian Observer—I took the prisoner at his house in Princes-street, Drury-lane, that same night about 12 o'clock—the door was fast—I got the assistance of a Metropolitan officer—we partly forced the door, and then the prisoner said he would open it, and he did—I showed him these books and told him we had found them—he had nothing to do with books.
Cross-examined. Q. Had he nothing to do with the book-trade? A. Yes, he had—the Physicians' Arms is a place frequented by booksellers and bookseller's porters—the prisoner is not in the trade.
JOHN NETTO . My aunt keeps the Physicians' Arms, the prisoner uses that house—there are two cupboards under the stairs—Mr. Cooper had the use of them—I saw the cupboard which the officer looked at—it was one that the prisoner had the use of—the prisoner came there that evening after the policeman had taken the books—I told him the officer had taken the books away, and if he wanted them he must go to the police-station for them—he said the officer had no business to take them—he left in about a quarter of an hour or twenty minutes.
Cross-examined. Q. Are the cupboards open cupboards, unlocked? A. Yes; I am not aware that customers may deposit books or anything in them—the prisoner had the privilege of putting books there—anybody may put things in by asking—the prisoner has been in the habit of using it for the last eighteen months to my knowledge—he came that morning a few minutes after 10 o'clock, he came again about five minutes after I—to go to that cupboard he would go through the bar.
FREDERICK LAMB . I am assistant to Messrs. Piper—I employ the hands—the prisoner was not employed there—I did not receive the one hundred copies of the Christian Observer on 30th September, nor for some time afterwards.
GEORGE THOMAS . I am porter to Messrs. Piper—I went with the order and received fifty-five copies of the Christian Observer—I did not give the prisoner authority to go and get the one hundred copies.—Receipt read: "Received 100, E. James."
GUILTY .— Confined Eighteen Months.
THIRD COURT.—Wednesday, October 27th, 1858.
Before Mr. Common Serjeant and the Eighth Jury.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .
City policeman 520, stated that he had been 8 times summarily convicted.— Confined Two Months, and then to be sent to a Reformatory Institution for Three Years .
PLEADED GUILTY .— Confined Six Months.
981. JOHN MAHONEY (17), and EDWARD PHILLIPS (17) Burglariously breaking and entering the dwelling-house of George Brown, and stealing therein 8 lbs. of lead, value 3s. his property, 1 hammer, value 4d., of Thomas Botwright, and 3 saws and other tools, value 6s., of George Botwright; to which
MAHONEY PLEADED GUILTY .**— Confined Twelve Months.
MR. LANGFORD conducted the Prosecution.
JOHN OUTRED (Policeman, E 132). On Saturday night, 2nd October, about half-past 11 o'clock, I was on duty in Newman-passage, Oxford-street, and heard a rattling noise down the Mews, at Mr. Brown's workshop, which is in the parish of St. Mary-le-bonne—I saw Phillips standing by the window trembling, and asked him what he was doing there—he said, "All right; only getting in to sleep"—that was into a van which was there—he tried to escape by springing between the wall and the van, but I prevented him—I turned my light on to the window, and saw that the sash was cut, so as to make two panes into one—I looked into the van, and found these three saws, four guages, a hammer, and other tools (produced)—I said, "There is some one else besides you"—he said, "There is no one else here, so help me God!"—I took him round to Mr. Brown's front door, 25, Newman-street, locked him in the hall, and we found Mahoney in a box, covered over with some sacks and plaister of Paris—Phillips said to him, "They have got you now"—I examined the window inside, and picked up this piece of sash, which had been cut out, making a hole large enough for a lad of his size to get in—the window is a fixture—I had seen the prisoners together before, but not that day.
Cross-examined by MR. HORRY. Q. How often? A. Several times, by the Queen's Theatre.
I left the workshop safe at 6 o'clock—I locked it up myself, and secured the shutters—I went there on Monday morning, at 8 o'clock, and found the window-sash broken down and the shutter pushed in.
GEORGE BOTWRIGHT . I live at 4, Exeter-street, Lisson-grove, and am in Mr. Brown's service. On Saturday-night, 2nd October, I left the warehouse at 6 o'clock, leaving my tools there safe in my basket—these three saws, stock, square, pair of compasses, and scissors are mine.
ALFRED JOHNSTON . I live at 24, Newman-street, and am foreman to George Brown—there is an internal communication between the workshop and the house—this gas-pipe belongs to George Brown—the burners must have been there that night, because the gas was alight—one of the workmen and his wife live there—I was with the policeman when Mahoney was found; Phillips said to him, "You are caught."
Phillips received a good character, and a witness engaged to employ him.
GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
ESTHER CRAGIN . I am the wife of a soldier in the 38th Regiment, in India, and live in Providence-place. On Thursday-night, 16th September, there was a quarrel about soldiers' wives in the court; the prisoner's wife was quarrelling with another woman, and she said, "B—r soldiers' wives"—I said, "If you have anything to Ray about soldiers' wives take it out of me"—she tucked up her sleeves, and dragged me into the open court by my hair, and thumped me over the face, and her husband came up and kicked me and said, "Murder her, she is a soldier's w—e"—I fell down, and when I got up the prisoner came up and stabbed me with a knife on my forehead—I fell, and everybody was at me but my own son, who is eleven years old—I was quarrelling with Sweeney, who is the prisoner's daughter-in-law—his wife was not there—I saw a knife in the prisoner's hand.
Cross-examined by MR. LILLEY. Q. Were you quarrelling very violently? A. No—I got hold of her hair, but she had hold of mine first—I had not been drinking—I had had my supper, but had no beer; I cannot afford it, as I have only 10d. a day to support two children and pay my way—there was a crowd of forty or fifty people; all the neighbours came out—I felt no injury to my forehead before I fell, but I felt the blood coming—I know Mrs. Shannon and Mrs. Jessop—I do not know Mrs. Symes, or Mrs. Copsey; there are not many that I know in the court—I will swear that the prisoner had a knife in his hand—I have no daughter, I have two sons—I did not sit on a door-step after I received the injury on my forehead; I sat in the channel where the water runs, till my boy came to me—he did not say to me, "Mother, you have got a cut on your forehead with the scraper;" he said, "My dear mother is killed" just as I got up—I sent to Mrs. Jessop after this occurrence, and after the prisoner was locked up—I said to her, "I have sent for you about the old man, I will not go against him"—I did not say, "Not all the doctors and policemen shall make me go against my conscience to prosecute him"—I said no such thing, that I swear—I did not go on to say, "I know he did not do it; go, Mrs. Jessop, and bring him out of
that place, and I will make it up with him"—nothing of the kind to her or to other people, that I swear—I have said that I saw a knife before to-day—the prisoner was in the same dress as he has now; he had his jacket on, I did not notice whether his waistcoat was buttoned, or whether he had a neck-handkerchief—we had not been very good friends—sometime before that my boy fell out with his daughter-in-law.
COURT. Q. You say that the prisoner kicked you, what was the effect of that? A. It did not hurt me much—he kicked me after I was down—I slipped down—it was not a blow, I got the blow when I got up again—I had not noticed the man there—it was not him that kicked me, it was his son—I had not noticed the prisoner till he ran up and struck me with the knife.
BRIDGET SHANNON . I am a soldier's wife, and live in Providence-place—I was present at the dispute between the prosecutrix and young Mrs. Sweeney—the fight commenced at about half-past 8 with a soldier's wife and a civilian woman who does not live in the court; it was about a Spanish onion—I had only a petticoat on, as I was going up to bed at half-past 8—the two women had done their fight and Mrs. Sweeney stepped out and commenced to talk—I told her to go in and not interfere, as she had her husband to take her part and we had not—Mrs. Cragin came up and said, "What have you to say to the soldiers' wives?"—she said, "B—r the soldiers' wives"—Mrs. Cragin said, "Anything you have to say against the soldiers' wives, take it out of me,"—I do not know what happened, but I said to the prisoner, "Separate them"—he was standing by, while the daughter was beating her, and he hit me in the eye and said, "I will separate you, you b—y soldiers' whores"—after he struck me he went up and hit Mrs. Cragin on the forehead with a knife, and knocked her down—it was a short jack-knife which opens and shuts—her boy lifted her up, and she was all over blood which was running from the cut—a surgeon was sent for.
Cross-examined. Q. Were there between sixty and seventy people present? A. Yes—the women that had the first fight were Conlin and Hillier and then Mrs. Cragin came up to support the reputation of soldiers' wives—Mrs. Sweeney is as tall as Mrs. Cragin—I first saw the prisoner not five perches off—I did not call him out of the house, he was standing by—he was standing there at the commencement of the fight—I do not know Mrs. Symes; I know a woman who lives opposite—she is not the wife of a sailor—after this had happened, I did not say to another woman, "We will say that the prisoner cut it with a knife," and I never heard it said—I did not speak to a woman after it was over, only to the woman that brought her to the house—I never went out of the court—I could not go till Mrs. Cragin was brought out of the police-station; that was not five minutes after—there are scrapers by the side of the houses, but she was not near the scraper—I never said to another woman, "We will go and swear against these three, and say that the old man cut her with a knife."
MR. COOPER. Q. Was she near any scraper? A. No—she was on the pavement.
JOHN COMLEY . I am a surgeon of 71, High-street, Whitechapel—I examined the prosecutrix's forehead, and found a wound extending three inches down to the eyebrow and under the brow to the other side—it was a clear incised wound about an inch deep, such as a sharp knife would make—it was a slanting cut and descended very nearly to the temporal artery—it was a very dangerous wound—I attended her for four days.
Cross-examined. Q. Do you know the common sharp-edged scraper which
is sometimes found against the doors of poor people? A. Yes—an old used scraper of that kind would inflict such a wound as far as the eyebrow, but would not continue it under the eyebrow—it came under the arch of the eyebrow—I do not think that in any possible position a scraper could cut the eye, supposing it was cut to a sufficient depth; because a knife coming from the forehead would soon cut where a scraper could not come—the hollow of the eye would prevent the scraper cutting there—the projection on a scraper would occasion a contusion, but it would cut if it was sharp.
MR. COOPER. Q. Did you find any contusion or bruises? A. There were contusions on each side of the cheek bone.
JURY. Q. Did you ever see a scraper that would have inflicted that kind of wound? A. Never.
GEORGE SAVILLE (Policeman, H 149). I took the prisoner, and told him he was charged with stabbing a woman with a knife—he said, "I am innocent, I only put my hand on her shoulder to prevent her from fainting."
Witnesses for the Defence.
ELIZABETH JESSOP . I live in Brunswick-place, Backchurch-lane, Commercial-road-east—that is on the opposite side of the way to the prisoner's house. On 16th September, about 9 o'clock, I heard some women quarrelling in Providence-place; I went there, and saw Mrs. Gill and Mrs. Carter fighting—I parted them—after that I saw Mrs. Cragin put her head out of the window and make use of bad language, wanting to know what the civilians had to say against the soldiers' wives and that she would soon come down and scatter them—she came down directly afterwards and said, "I will soon scatter half a dozen of them; take it out of the soldier's wife any one who can do it,"—she then flew on Mrs. Sweeney directly, and they were both fighting together—their hands were in each other's hair and remained there the whole time that the fighting went on—they both fell together; Mrs. Sweeney fell against the door, and Mrs. Cragin on the scraper; they had hold of each other's hair then and Mrs. Sweeney was getting up but could not extricate her hair, and then I saw that when Mrs. Cragin did get up she was pouring with blood—the prisoner was eight or ten yards off at the time the disturbance was going on—I saw the fight from beginning to end—the prisoner was not nearer than eight or ten yards from her and he did not strike her—I saw no knife in his hand, and I was sufficiently near to have seen it if he had anything in his hand—when it was over I heard them say, "We will say the old man did it with a knife"—I am only acquainted with Mrs. Cragin by living in the same place—she sent for me after this on the Tuesday, as the prisoner was to have his hearing on the Wednesday—Mrs. Shannon came first, and I told her I would not go unless she sent her own child for me—I did go—I saw Mrs. Cragin and talked with her—she said, "Mrs. Jessop, I have sent for you about the old man; I will not go against him, and no one shall make me go against him, not all the doctors or policemen shall make me go against my conscience"—I said, "Well Mrs. Cragin, it is a pity that poor old man should lay where he is, when you know he is innocent—she said, "I will not go against him, and no one shall make me go; and for God's sake, Mrs. Jessop, if you can, go and fetch the old man out; go and fetch him to-day, for I shall never be happy until I see him again,"—she did not say whether he did it or not, but she said that she did not know who did it, or how it was done.
Cross-examined by MR. COOPER. Q. Do you say that the old man was never nearer than ten yards? A. Yes—he never touched them at all—if
he says that he touched Cragin that is false—I am quite certain he could not have said such a thing if he told the truth—I knew of his being taken up, I knew when his case came on before the magistrate, and I knew it was a false charge—I did go before the magistrate, but no witnesses for the old gentleman were admitted into the Court; I went in and was put out again—I said several times that I was a witness for him—the scraper upon which Mrs. Cragin fell is in existence still—I have not brought it here—it is an old-fashioned one, which has been standing there some years—there is not a gutter in the centre of the court; there is a little rising-up, but no drain at all—when it rains, the water goes to the centre—the court is two and a half or three yards across—the scraper is by the side of a door, which was shut—Mrs. Cragin's boy raised her up—I did not say, "God bless me, how the scraper has cut her," or "What an extraordinary wound for a scraper to make"—the old man was not there when the blood came: he had gone indoors before she was taken up—I know Mrs. Symes, she is my next door neighbour—I have not talked it over with her, for we are perfect strangers; she does not know what evidence I am going to give, not a word—she did not go with me to the police-office—she told me that if she was wanted she would be there—she did not know, at that time, what I was going to say—she said that, if wanted, she should be there, because she was up above and saw more than I did—I am not acquainted with the old man, but Mrs. Sweeney has been to my place twice—I am married; my husband is a fishmonger—he was not there; he was at work.
MR. LILLEY. Just look at that wall, and say how wide that court is? A. About as wide as the Jury-box is long—the scraper is an old-fashioned one; it has two upright pieces, which have a knob at each end, very much worn, and the scraper is between them; it is round at the end of the flat piece—I saw Mrs. Cragin's child go to her when she was on the kerb—he said, "Oh, mother dear, how you are cut"—she made no answer that I heard.
COURT. Q. How long is the court? A. Very nearly as long as this court—I cannot calculate how many people it will hold—there are nine houses on each side—there were fifty or sixty people there—the court was very nearly full.
CAROLINE SYMES . I am the wife of a sailor, and live at Brunswick-place; that is where Mrs. Sweeney lives—I was at home on the night of 9th September, when there was a quarrel in Providence-court—I was up-stairs—my husband and I were looking out of the window—he is now at sea—I saw a woman dragged by the hair of her head by two more—I do not know their names—Mrs. Shannon is one of the two women I first saw—I afterwards saw Mrs. Sweeney looking on—after the fighting Mrs. Cragin came out at her door, and said to Mrs. Sweeney, "What have you got to say about a soldier's wife?"—my window was open—after that Mrs. Cragin got hold of Mrs. Sweeney's hair, and they both fought and fell—I saw them distinctly, and saw Mrs. Cragin fall on the scraper next door to my door—Mrs. Collins lives there—I saw Mrs. Cragin get up, and her forehead was bleeding—I saw the prisoner among the crowd—I saw no knife in his hand—I did not see him strike Mrs. Cragin during the fight—after it was over, I heard Mrs. Shannon say to Mrs. Maxwell, "Let us say the old man did it with a knife"—it was a very sharp scraper on which she fell—I noticed it afterwards—there was blood on it next morning, when I came down.
Cross-examined. Q. Did you go before the magistrate? A. No—the scraper is on the side that the door opens—it sinks close on a level with the
brick-work of the house—the ends are iron; they are round—there is a knob, and the sharp part is what the foot scrapes on—there is a little bit to scrape the side of the shoe—the court is eight or nine yards wide, not quite so wide as from me to his Lordship—it is about as long as this court—the gutter is in the middle; it is known as the gutter—if a person's foot was near the gutter, it would not be possible for their head to touch the scraper; but they were quite close to the houses—the prisoner never went near the two women—I saw him retire to rest; he went indoors—I did not go with Mrs. Jessop to the magistrate, because they did not ask me—Mrs. Jessop did not ask me to go—I told her that I was ready to go—I did not tell her what I should say if I went; I kept that to myself—I told her that I had seen all the row—she did not tell me what she was going to say, not a word—she told me that she was going to speak the truth—she did not say, "Come along with me to the magistrate: we are going to set that old man free"—all she said was, "I am off to the magistrate."
MR. LILLEY. Q. Is the little bit on the scraper on the outside or next to the house? A. Outside; that is sharp also—the path is a yard and a half or two yards wide before you come to the kerb—there is just a little pavement where the scraper is—I did not see the prisoner taken in custody.
COURT to GEORGE SAVAGE (Policeman). Q. When did you take the prisoner? A. About half-past 9—he was in bed—the prosecutor came to his house No. 1, and identified him—she said, "That is the man who stabbed me in the forehead with the knife"—he said, "I am innocent of that, policeman, I only put my hand on her shoulder."
MARGARET SWEENEY . I am the prisoner's daughter-in-law, and am the person who was fighting with Mrs. Cragin on the evening of 19th September—she had hold of my hair, and I returned it—after a scuffle we fell—her head fell against the scraper, and I fell against the door—at the time I fell I had hold of her hair, and she was doing the same—when we got up, the blood flew from her on me; it was pouring down—I noticed the scraper next morning, and all round it was blood; it was a foggy misty morning.
Cross-examined. Q. Is this scraper at her door? A. No; at Mr. Cox's door, eight or twelve yards from the prosecutrix's door—there was nobody near us; nobody tried to part us; somebody came up, but my husband said, "There will not be half-a-dozen tackle her."
COURT to GEORGE SAVAGE. Q. Did the prisoner appear by attorney before the magistrate? A. Yes; I did not hear the attorney request the prisoner's witnesses to be called—I believe one of the persons here was present, but he did not call her.
GUILTY of Unlawfully Wounding.— Confined Twelve Months .
OLD COURT. Thursday, October 28th, 1858.
PRESENT—Mr. Justice ERLE; Mr. Ald. CHALLIS; Mr. Ald. WIRE; Mr. Ald. PHILIPS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
983. JOHN JOHNSON (35), and JAMES REED (34), were indicted for a burglary in the dwelling-house of Joseph Jewell, on 9th October, at Shad well, and stealing therein 6 coats, 12 waistcoats, 1 jacket, 2 hats, and 3 bottles of wine, value 12l., his property; to which
JOHNSON PLEADED GUILTY .*— Confined Two Years .
REED PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Justice Erle.
MR. TALFOURD conducted the Prosecution.
NICHOLAS BARNES . I am a basket-maker, and live at 58, Portpool-lane. On Saturday night, 16th October, I was in Leather-lane about half-past 12 o'clock—there was a disturbance—I was passing by, and went to see what was up—there was an old woman dressed in black, drunk, and some of the people were insulting her—I said it was a shame to say anything or to hit a drunken woman, and I received a blow which knocked me down—I cannot say who gave it me—I got up, and tried to escape up a turning—I was knocked down, and when I got up again I found a wound on my cheek—I was knocked down several times, and kicked—I cannot say who knocked me down the second time—I was stunned—when I rose, I thought my jaw-bone was broken—my face was all over blood—the blade of a knife was afterwards extracted from my cheek by the surgeon.
Prisoner. My brother was insulting a drunken woman—I did not know who she was—this young man took the woman's part, as my brother tells me, and he and my brother began fighting.
Witness. I do not know whether his brother was insulting the woman—I never saw him before—I never struck him at all—I could not say who the man was that was insulting the woman that was drunk—it was outside a public-house—there was a whole mob outside—there was no gas-lamp there—I interfered to protect the woman—there were four men altogether—I understand two of them were the prisoner's brothers.
SARAH WOOD . I am the wife of John Wood, a cage-maker of 35, Baldwins-gardens—early on Sunday morning the 17th, I and my husband were just going to supper, and I heard a woman screaming—it was about half-past 12 o'clock—my husband ran down stairs, and I followed—when we got to the corner, I saw the prosecutor reeling, as if he was going towards the prisoner—they were round the turning where I live—I saw no one but the prisoner, the prosecutor, my husband, and a boy who lives there—I am quite certain the prisoner is the man I saw—he had a red stripe down hid trousers, and bright buttons up him—he went to run in the shop where I live, after he did it—there was a light in the shop—the prosecutor's face was not bleeding when I got to the top of the turning—he was reeling towards the prisoner, and I saw the prisoner up with his hand at him, and I saw the blade of a knife in his hand—I saw the point of it—the prisoner then ran up the Gardens, and two more followed him—I heard the prisoner say, "I have done for the b—"—they ran through a hole in the wall, which is a passage that comes out into Leather-lane—it was in the face that the prosecutor was struck—the blood came right from his face on to my face, I was so close to him when it was done—I saw the prisoner run up the Gardens, and the other two follow him—they were all three running—I did not see the prisoner again till Monday week—I am positive he is the man, because I looked well at him; he has got on the same coat now.
Prisoner. Q. Were you there at the first beginning? A. No; I did not hear the quarrelling—I did not come out till I heard the woman scream—you had on a wide-awake cap, which your brother has got now—I did not see the prosecutor fall—I think it was your right hand you struck him with, but I cannot say—I know you had a knife in your hand.
COURT. Q. Did you see his brother? A. Yes; a fishman at the corner laid hold of his brother—he said he did not know which was the right one,
and the prisoner came and hit the fishman to make him let go—I saw the fishman lay hold of the brother—he was not the man that stabbed the prosecutor—the prisoner was the man that stabbed him—they were not out of my sight before the fishman seized one of them—he seized him directly—the mob had collected then—when they heard the man was stabbed the prisoner's brothers ran over from the mob—I had this man in sight until the time when the fishman seized his brother, and I am sure that the person seized by the fishman was not the man that stabbed the prosecutor; it was the prisoner—the fishman was examined at the first hearing, and he was quite satisfied that he was wrong when he came out of court.
ELIZABETH REDDING . I am the wife of John Redding, of 35, Baldwin-gardens—about half-past 12 on Sunday morning I was in the shop, and I heard a bit of a bother, and ran out to see—it is a butcher's shop—I saw a mob—I saw the young man run that had been stabbed, and then I saw the prisoner—I did not see any one else run, only the prisoner—he ran before the prosecutor, up with his fist and hit him in the face, and the man fell, and afterwards the mob ran up towards him and the prisoner ran away—I saw no more of it—I did not see that he had anything in the shape of a knife in his hand—he had something in his hand; I could not tell what, I was not close enough to him to see—I did not see the prosecutor's face afterwards; I was called into the shop and saw no more of it—three persons ran after the prisoner—I know it was the prisoner, because he had the same things on that he has now; the red stripe down, and the buttons—I saw him next on the Monday following—I say it was the prisoner because he had the jacket with those buttons, and the red stripe on his trousers; the same that he has got on now—I could see the size of the person; it was about the size of the prisoner—he is the man and no other.
Prisoner. Q. Where were you at the time I struck the man? where did the row begin? A. I do not know—I heard it begin at the corner of Cross-street—I was not there to see if anybody was fighting there—you struck the man in Baldwin-gardens—you struck him the last blow and then you ran away—that was what I saw—it was just at the beginning of Baldwin-gardens where you struck him, and he fell—you struck him with your right hand—it happened only next door to my shop—I had not a child in my arms, I was minding the shop; I am the mistress of the shop—I did not see the policeman take you—there were three of you altogether run away—I do not know whether there were four of you—I do not know what was the cause of the first of it—it was on the opposite side where you stood.
WILLIAM DAIMOND (Policeman, G 175). I was on duty in Leather-lane about half-past 12 on Saturday night or Sunday morning, 17th October—I had information that there was a man stabbed at the corner of Baldwin-gardens—I hastened to the spot, and found the prosecutor was gone to the hospital, and the prisoner had made his escape towards Holborn-hill—I went to Holborn-hill and found the prisoner and his brother walking side by side—I then told them that I believed they were the men I wanted for stabbing a man; if they were not the men they would be let go again, but they would have to go with me—the prisoner then said, "We have not done anything, governor, we are not the men; we have just come from St. Giles', me and my friend"—I told them they would have to go with me and they must go quietly; if they were not the men they would be let go again—it was the prisoner that spoke—they said they would not go—I then took them in custody and took them to the station-house—they were very violent, and going to the station I had other assistance to assist me there with both
of them—I have the blade of a knife which I received from my sergeant; he went to the hospital and received it from the surgeon—when I took the prisoner he had a wide awake hat on, and the same dress that he has on now—the brother had a cap on, but what sort of a cap I cannot say, and what sort of a dress I cannot say—it was not a military uniform, I am quite sure of that—I received information about half-past 12 o'clock, as near as possible, and it was not ten minutes afterwards when I came on the prisoner in that dress.
Prisoner. Q. At the hearing at the police-court did not the fishman swear that it was my brother that stabbed the man? A. I believe he did—he said he laid hold of one, I am not positive which.
Prisoner's Defence. My brother has got the mark in his hand where he held the knife, and he is ready to own that he did it—he said to me in the station-house, "Now, I am acquitted; you are innocent of it, and I will give myself up guilty;" but the magistrate would not hear him because he had been a deserter—I said, "It will be a serious thing for me to be tried for this"—he said, "Well, I plead guilty; I will own I done it," and there is the mark of that very knife in his right hand, between his two fingers, where he gouged the young fellow in the cheek—if I was to be hung in front of Newgate I could not say I was guilty.
GUILTY .— Four Years' Penal Servitude .
MESSRS. SLEIGH and THOMPSON conducted the Prosecution, and MR. COOPER the Defence.
The particulars of this case were not of a nature for publication.
GUILTY .— Confined Two Years .
MR. LILLEY conducted the Prosecution.
WILLIAM HART . I am a hatter, and live at 83, Whitechapel. On Thursday night, 23rd September, I retired to rest about 11 o'clock—the house was at that time locked up and safe, in the usual way—about 6 o'clock the following morning I came down stairs and saw the pantry door open, the kitchen door and the window of the kitchen up stairs; that window opens on to a skylight at the back of the premises—the whole of the tin and metal articles on the mantel-piece were gone—the doors were all fastened when I went to bed; the skylight was fastened down—there is a part that opens for the admission of air, that was shifted away—I missed a great many things, amongst them the things mentioned in the indictment—in the course of the day afterwards I missed a coat, a hat, a handkerchief, and a pair of shoes; I also missed some printed books, table-cloths, and aprons—the books were taken out of the front room—all
these articles were safe on my premises the night before—there was a dirty old waistcoat, and a ragged black silk handkerchief, and a check handkerchief with a poultice in it left behind—I immediately gave information to the police—I did not see the prisoner till he was at the station-house in custody—I went down to the station, and there I saw the hat which was safe in the house the night before, and a coat, and a pair of shoes which the prisoner wore; he had the coat on, and it was taken off him, and the shoes also—my house is in the parish of St. Mary, Whitechapel—I had not heard any noise—it was as near 6 as possible when I got out of bed; I think it must have been before 6 when I was dressing—I did not hear any noise during that time.
COURT. Q. When was it that you saw the prisoner at the station? A. In the evening of the 24th, the day following the robbery.
Prisoner. I bought the clothes.
ROBERT PAYNE (Policeman, H 198). On Friday morning, 24th September, I was called in to Mr. Hart's house—I examined the premises, and found an old waistcoat and two old handkerchiefs with a poultice in one—I found this poker, it has been a part of what they put into a fender, or stand, the end of it is flattened out—I had seen the prisoner in Whitechapel the day previous to that on which I received the information, about a few yards off the prosecutor's house—his apparel was very ragged and dirty—I noticed him particularly; he wore a dirty cap and a dirty pepper-and-salt coloured coat, ragged, a waistcoat of the same, and corduroy trousers—the waistcoat found on the premises was a similar one to what he was wearing the day before—I saw a handkerchief on him—I noticed him with his hand in a sling—I saw that his hand was wrapped up in something, but as to that handkerchief I could not swear to it; his hand seemed to be wrapped up in another handkerchief—it was on Thursday morning that I saw him dressed as I have described, and on Friday evening I saw him dressed very respectably—I took the prisoner into custody on the Friday evening, and sent information to Mr. Hart—he came to the station and identified the hat, coat, and shoes which the prisoner was wearing—the prisoner had this small scarf on (produced).
Prisoner. He says he had seen me about for six weeks, and I can prove that I was in Spitalfields workhouse part of that time, and the night before I was taken I had the workhouse clothes on, and my mother has taken them back since I have been here—I bought these clothes in Petticoat-lane, out of money that I earned when I was in the country last August. Witness. I am sure I saw the prisoner on the Thursday morning dressed in shabby clothes—I had seen him about Whitechapel for about a week previously; I had seen him about for five or six weeks, he was always in dirty ragged clothes—the coat was very ragged about the pockets and tail; it was made of the same sort of stuff as this waistcoat—when I took the prisoner in custody he was in Whitechapel, walking along about twenty or thirty yards from the prosecutor's house; he had no waistcoat on then—he had a cut on his right hand; he had no bandage on, but the palm of his hand was white as if he had just left off a poultice.
ALFRED REID (Policeman, H 105). I saw the prisoner in Whitechapel on 23rd September, between 10 and 11 at night, nearly close to Mr. Hart'shouse—his dress was very shabby indeed; that waistcoat is similar to the one that he wore when I saw him—he had a pair of corduroy trousers on, and a coat nearly the same colour as this as far as I could see; it was something of the same sort of material—he was carrying his hand in a sling; he had this
handkerchief wrapped round his right hand—that is one that was found on the premises; it was a handkerchief of that pattern—there appeared to be a poultice within the handkerchief—I helped take him to the station—he was dressed very well indeed at that time—he had a coat on, but no waistcoat—the hand looked as though there had been a poultice on, but there was no poultice on at that time—I had seen him about for about six weeks.
Prisoner's Defence. I bought the clothes with my own money in Petticoat-lane, which I can prove. On the night of the robbery I was at home at my father's house, and slept with my brother—as to the robbery I know nothing about it—I was not seen at the time that the witnesses say.
Cross-examined by MR. LILLEY. Q. Who are you? A. His stepmother—the prisoner lives with me when he is at home—he was away for four years—he was every night at home since he came home, all but two nights—he has been living with me about two months altogether since he came home—I cannot tell when the two months commenced—I live in Whitechapel—he has had no occasion to stop out of a night—he has only been out two nights during the two months—he was with me in the country for seven days out in the hopping country—he was out hopping eight days—he has only been out one night since he came back from hopping; he told me he went to a club that night—he did not return home all that night—I cannot recollect the month or the week when we went hopping—I have been back a month or five weeks—he has only been out one night since—the night he was out before we went hopping, I was with him—we were at a raffle—we have only one room, that is at the front of the house—my husband gets us a living by hard work—I work at my own house work—we have only one room for night and day, and for all our family—it is a large room, and there is a screen down between the beds and where we have our victuals—I do not say what day it was, but he was not away from me more than one night—I do not know whether that was the night before he was taken up, or the second night—I was with him on one of those nights, I cannot tell which it was—he was in Spitalfields workhouse, but I do not know whether he slept there—the brother is ill, getting on for three months in a decline—my husband gets his living at boot and shoe making.
Prisoner. I want to know whether I had not a suit of decent clothes and plenty of clean shirts, and they say I have always been dirty and filthy. Witness. He had a clean shirt on every day if he wished it—when he got his money, I went with him to Petticoat-lane to buy some clothes—he bought his clothes about a week after he had his money; that was about eight or nine days after he came home—I do not know how long that was before he was taken up—it was more than eight or nine days.
PORTER WILLIAM DUNAWAY , (Policeman, H 129.) I produce a certificate (Read: "Central Criminal Court, August, 1854.—Robert Jones convicted of stealing a handkerchief from the person, having been twice before convicted—Confined Four Years.") I was present at the trial of the person mentioned in the certificate—the prisoner is the person who then went by the name of Jones.
GUILTY .— Six Years' Penal Servitude.
NEW COURT.—Thursday, October 29th, 1858.
PRESENT—Mr. JUSTICE BYLES; Mr. Ald. ROSE; and Mr. Ald. GABRIEL.
Before Mr. Justice Byles and the Sixth Jury.
987. WILLIAM MEWS (28), GEORGE GREENFIELD (18), HENRY WILLIAMS (29), CHARLES SCHULTZ (20), and JOHN HIGGINS (28) , Stealing 12 bottles of gin, value 11s., and 12 bottles, value 2s., of Joseph Ryder, in a vessel in a port of entry and discharge.
MR. COOPER conducted the Prosecution.
PATRICK WELSH (Policeman, H 123). About 11 o'clock at night on 21st October, I was on duty near the North quay in the London Docks—I met the prisoners Mews, Greenfield, and Williams—I asked them where they were going—Mewsand Greenfield said they were going on board the Patrick Henry; Mews said he was cook there; Greenfield said he was second mate, and Williams said he was second mate of the Sparkling Sea, and he was going to see the others on board; he said he was asked to do so by the second mate of the Snapdragon—all those three ships were at that time lying in the London Docks—they are all American vessels—I asked Mews what he had in his breast—he said it was a pack of cards—I said, "Let me look at them"—he put his hand in his breast pocket and took out some biscuits—I said, "That is not cards"—I then put my hand in his breast pocket and took out this bottle of gin—I asked him where he got that—he said he bought it in Whitechapel-road and paid 6s. for it—Greenfield and Williams said they knew nothing about the gin—I and another constable took those three to the station—nothing was found on them—I then went with Greenfield and Williams on board the Sparkling Sea, and as we were going into the cabin I saw Greenfield stoop down—I looked in the cabin which Williams called his state room, and I saw this bottle of gin moving—I took it in my hand and said, "What is this?"—Greenfield said, "I know nothing about it"—Williams was then in the cabin a few feet ahead of us—I said to the sergeant, "I found a bottle of gin in that room"—the sergeant said to Williams "Whose room is that?"—Williams said, "It is my state-room"—I saw Higgins in that room lying down by the table, and a bottle of gin by his side—Schultz was in the principal cabin; not where the bottle of gin was—when I first met the three prisoners they were going towards the Patrick Henry, and were about two hundred yards from it.
Cross-examined by MR. METCALFE. Q. You went to the station and Greenfield was searched there? A. Yes; there was no particular charge made against Williams and Greenfield, I was directed to take them to the ship.
A verdict of NOT GUILTY was here taken as to GREENFIELD.
EUGENE FREEMAN . I am a seaman on board the Sparkling Sea—the prisoner Williams was second mate, and Schultz was a seaman in the same vessel—Mews belonged to the Patrick Henry, and Higgins was second mate of the Snapdragon—on 21st October, about 5 or 6 o'clock in the evening, Higgins came on board the Sparkling Sea—Williams was in the vessel, and he told me in Higgins' hearing to go down below and bring up
a case of gin, and put it in his room—I went to the hold and brought up the gin—Higgins and Williams had then left the ship—about 7 o'clock Williams came back alone—he told me to open the gin; it was nailed down—on my breaking it open, he went into his room and took the bottles out of the case, and told me to take the case forward—I don't know how many bottles the case contained—I don't know what he did with them; I suppose he put them in his chest—he afterwards went on board the Snapdragon, and took two bottles of gin with him—about twenty minutes afterwards, I went on board the Snapdragon—it was lying near us—there was a brig between us, I believe—when I went on board I found Higgins and Williams; Schultz was not there—I saw some bottles of wine and two bottles of gin on the table—the bottles of gin had the same mark as those which had been in the case—about twenty minutes past 9 o'clock, Mews came to the cabin door, and Williams gave him a bottle of gin.
Williams. Q. The first officer says he went in my room and found a bottle of gin, did you not take a lamp and look through my room? A. Yes, and I found nothing but a seaman's chest—I did not find any case.
SAMUEL EGERTON (Police-sergeant, H 24). I remember Mews, Greenfield, and Williams being brought to the station by Welsh, and he showed me a bottle of gin, and said he took it out of Mews' bosom—I asked Mews how he accounted for having the gin—he stated that he purchased it in Whitechapel-road, and gave 6s. for the bottle—I asked him where in Whitechapel-road—he said he did not know, but he might take us to the place—I asked Williams and Greenfield if they knew anything about that gin—they said they knew nothing about it—I went with Williams and Mews and Greenfield on board—when we were near the Sparkling Sea, Williams called out, "I will go with you anywhere, I am not frightened, I have done nothing amiss"—we went on board the Snapdragon, and when we got on the middle of the deck, Williams called out to some person on board the Sparkling Sea,"Is that you?" and that person ran into the cabin—I went on board and went into the cabin, and saw Schultz with this bottle in his hand, and he was scraping the label off—I asked him what he was touching that for—he said he was not touching it—by that time Williams had followed me into the cabin—I saw Higgins lying down very drunk, and a bottle of gin by the side of him—Freeman was in the cabin—Greenfield was brought in by Welsh, who said he had found a bottle of gin—I said to Williams, "Whose room is that that this bottle of gin was found in?"—he said, "It is my state-room"—I said, "Do you know anything about the gin?"—he said, "No"—I awoke up Higgins, who was very drunk; I found in his pockets some coloured papers—I have since seen some other bottles from the Sparkling Sea—they correspond with the bottle found on Mews, the bottle found in the state-room, and the bottle found by the side of Higgins under the cabin-table—this empty bottle is what Schultz was scraping the label off.
JOSEPH RYDER . I am captain of the Sparkling Sea—I had on board a quantity of gin—it was part of my cargo—it was English gin—I was taking it out to the colonies—these bottles are part of my cargo—I have seen the broken case—it was one that had contained gin.
Williams. Q. Did you not cause the empty case to be put in my room? A. Yes, it was this empty case that the gin was in—I told the boy to go and get the case which I put in the second mate's room—this is the case.
bottles of gin, which I produce—they were in Williams', the second mate's, chest—they are the same sort of bottles as those already produced.
Williams' Defence. I had my supper about 6 o'clock, and about a quarter after Higgins asked me to go on board, which I did, and told the boy to clear the cabin-table—I went and passed an hour or two on shore—I met Mews and Greenfield—I asked Greenfield if he had any tobacco—he said he had, and if I would take a walk with him he would give me some—I walked with him, and was met by the officer—I was searched, and nothing found on me—we were then taken on board the vessel—I went into the cabin, and sat down—the officer came and asked whose the other rooms were—I said I did not know—we were then taken to the station; but before I went I took from my chest a clean shirt—the officer saw me do it—I took that shirt to the station, and if there had been any bottles in my chest, they would have been found—there was no case in my room, nor the appearance of any—on the Friday Freeman was discharged, and the captain caused the case to be put in my room.
Schultz' Defence. I went in my room; it was all dark, and I knocked over this empty bottle—the officer came, and they had some altercation—he came to the cabin, and showed a light, and he said, "Here is another of the party; he is scraping a label off the bottle"—I told him I was not scraping any label off—I knocked it over with my hand—it was on the table.
NOT GUILTY .
988. WILLIAM MEWS, GEORGE GREENFIELD, HENRY WILLIAMS , and JOHN HIGGINS were again indicted for stealing 6 bottles of wine, value 2l. and 6 bottles, value 1s., of Christopher Godfrey, in a vessel in a port of entry and discharge.
MR. COOPER conducted the Prosecution.
CHRISTOPHER GODFREY . I am chief mate of the Snapdragon—I had part of a cargo of wine on board—two bottles of that wine have been produced to me; these are them—they are similar to what I had; I believe them to have been taken from part of the cargo—Williams was the second mate of the Snapdragon—he had no right to take the wind—the cases in which the wine was were nailed down—I found one case broken, and on looking in it I found six full bottles and one empty—there should have been twelve full bottles.
SAMUEL EGERTON (Police-sergeant, H 24). Mews and Greenfield and Williams were brought to the station—I then went to the Sparkling Sea—Williams called out, and I saw somebody run into the cabin—I went in the cabin, and found Higgins drunk under the table—I awoke him and searched him, and in his pocket found some coloured papers—I went on board the snapdragon, and found a case of wine had been broken open, and these two bottles of wine were between the decks; they were empty, and had the same sort of paper on them that I found in Higgins' pocket—Higgins was the worse for liquor.
NOT GUILTY .
989. EDWARD JOHN GREGGS (21) was indicted for embezzling 21s., 4s. 4d., and 3s.; also, 10s. 6d., 10s., and 10s. 10d.; also, 3s., 8s. 3d., and 5s. 6d., of James Porter Foster and another, his masters; to which he
PLEADED GUILTY .— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
HENRY SCHMITTNER . I live at 26, Devonshire-street, Queen-square—the house is kept by Mr. Geary; I lodge there—on Sunday morning, the 17th of October, about 3 o'clock, I was coming home—I intended to put the latch-key in to open the door, but the door was open—I went into the house, and heard a noise, but I could not decide whether it came from upstairs or down-stairs—I went down-stairs after I had a light; I went part of the way down-stairs—I put the light over the balustrade, and I saw the prisoner lying in a passage leading to the coal-cellar; he was on the stones—I went up-stairs and knocked at Mr. Geary's door; he came out—I went for a constable, and brought him to the house.
NICHOLAS GEARY . I live at 26, Devonshire-street, Bloomsbury; it is my dwelling-house. On Sunday morning, 17th October, I went to bed at nearly 1 o'clock—I left my street door shut, fastened with a latch; not locked—I keep a lodging-house, and we don't know the time the lodgers may come in—about 12 o'clock at night I had seen three pairs of boots on a shelf in the passage over where the prisoner was found lying; they were my own boots—about 3 o'clock I was awoke by the last witness—I got up and dressed myself—I found the prisoner lying down apparently tipsy in the passage—I remained in the passage till the policeman came—I gave him into custody.
Prisoner. Q. Have you any other lodgers besides the last witness? A. Yes—they were all in except Mr. Schmittner—I did not state that there were two gentlemen out; I said I could not tell, but I ascertained it afterwards.
COURT. Q. Did you say before the magistrate that two persons had come in after you were in bed? A. At the first time I could not give the magistrate an answer; the next time I said I had ascertained that no one had, because the gentlemen had been in bed an hour before I went to bed—I had five gentlemen—I have ascertained that they were all in bed except Mr. Schmittner—they have told me so; I did not see them all in bed.
Prisoner. At my first hearing he said he believed there were two gentlemen out, and they came in after he was in bed.
Witness. I said no such thing—I said I could not tell, but I ascertained it afterwards.
COURT. Q. Did it ever happen that any of the lodgers had left the door unfastened? A. It never has—they were all respectable men.
EMILY WILSON . I am servant to Mr. Geary—at half-past 12 o'clock on the morning of 17th October I saw three pairs of boots on the shelf in the passage—I afterwards saw two pairs on the mat, and one pair on the shelf—those on the mat were two pairs which had been on the shelf.
Prisoner. Q. Had not any one been down there? A. Not that I know of—when you were taken my master and mistress were there and the policeman.
MR. CAARTEN. Q. Who was up first in the morning? A. I was up at half-past 6 o'clock—I did not notice the boots till 8, but I am sure there had been no one down there between the time of my getting up and my finding the boots.
FRANCIS FILKINS (Police-sergeant, E 27). I was fetched to the house on that Sunday morning—I went with the witness and Mr. Geary to the passage—I found the prisoner lying down—he was given in custody—he
dropped this skeleton key on the kitchen stairs and I picked it up—I searched him, and found two other keys, a padlock, and a box of matches—I tried the skeleton key to the street door of Mr. Geary's house, and it opened it very well—the house is in the parish of St. George the Martyr—the prisoner was quite sober.
Prisoner's Defence. On Saturday night, 16th October, I was proceeding from Lincoln's-inn to Somer's-town, and in Theobald's road I was accosted by a female who wished me to accompany her home, saying she lived in Devonshire-street—I did so, and when we came to 26, she either opened the door or it had been left open by some one—she told me she lived in the kitchen—when we reached the kitchen she left me in the passage under the pretence of procuring a light, but she did not return—I remained there, and having been drinking freely during the preceding evening I soon fell asleep, and slept till I was aroused by the policeman, who inquired what I was doing there—I told him, as near as I recollect, the same as I have here stated to you—the landlord then gave me in charge, and when brought before a magistrate I was committed on the charge of burglary—the landlord stating that he went to bed about 1 o'clock and his house was then secure, but after he had gone to bed, there were two lodgers came in and, on a third lodger coming home, he found me asleep in the passage between the kitchen and the coal-hole, and he then called the landlord and the constable, and I was given in charge—the servant of the house stated at my last examination that two pairs of boots, which she had cleaned and placed on a shelf in the passage, had been taken from the shelf and put on the floor, and I believe that is all the evidence on which I am committed—I am not sure, but I think the house is a lodging-house for gentlemen—I beg to say I am not a thief though placed in this awkward situation—I have been for many years a soldier, and served during the whole of the Indian wars of 1845, 1846, 1847, 1848, and 1849; I am now in receipt of a small pension for good conduct and honourable service to my Queen and country—I have stated the truth of the case, and had I been perfectly sober this would never have occurred.
COURT to NICHOLAS GEARY. Q. Are your lodgers all gentlemen? A. Yes—except on my first floor, which I let to an old lady and her daughter, and they, and my wife, and the servant, were all the females in the house—they were all at home that night and in bed—the prisoner first said he had been brought there by a woman and she had robbed him of 7s. or 7s. 6d., and she went in the front kitchen; and my wife knocked at the kitchen door and roused the servant up and there was no one there but her; the prisoner said nothing more then, but at the station he said a woman brought him there and left him—I have had my female servant four or five months—she is respectable—I know her father and her mother.
GUILTY .— Confined Six Months.
THIRD COURT.—Thursday, October 28th, 1858.
PRESENT.—Mr. Ald. LAWRENCE; Mr. Ald. ALLEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
MR. GENT conducted the Prosecution.
JOHN HAWKINS . I am the son of Mr. Hawkins, a publican of West End, Northolt—he keeps a cow—I milked her on Sunday, October 3d, between 5 and 6 o'clock—I left her in the field, which is inclosed all round, and the fences are very good—I fastened the gate with a chain and staple—there were no gaps in the fence then—I was called up between 12 and 1 o'clock, and saw the cow in Mr. Gurney's yard—she was worth from 7l. to 8l.
Cross-examined by MR. RIBTON. Q. Is the field near the high road? A. There is a yard first, which you get to by a gate—there is no way of getting into the road except through the gate—the house is about two hundred yards from the field—a police-constable lives up the yard—the cow was a heifer with her first calf.
COURT. Q. Was the calf taken away? A. Yes, three months ago—she is not given to straying.
GEORGE JACKSON . I am a labourer of Northolt, and know the prisoner very well—on Sunday night, 3rd October, between 6 and 7 o'clock, I was with the prisoner at Mr. Hawkins' public-house—I left him there between 7 and 8, and when I got home I saw the cow in the field—I live adjoining the field.
Cross-examined. Q. How far is the public-house from the field? A. About two hundred yards—there were half a dozen persons there drinking, or there might have been a dozen; they were all neighbours in the village.
THOMAS SMITH (Policeman, T 227). On Sunday night, 3rd October, about 12 o'clock, I was on duty on the high road to Uxbridge, in the parish of Hayes, and from information I received, I went on the road and overtook the prisoner with a cow—I knew him well, and asked him where he was going to take the cow to—he said, "To Mr. Joseph Gurney of West End"—I asked him where he had it from—he said, "Out of a field at Pole-hill, in the parish of Hillingdon;"—he told me that Mr. Gurney bought the cow at Chertsey-fair, and had offered a reward for it, and he found it in a field at Pole-hill—I went on with him to Mr. Gurney's, and asked Mr. Gurney in his presence if he had lost a cow, or offered 5s. reward for one: he said, "No," and that the cow was not his—the prisoner then said that the cow belonged to Mr. Hawkins, which is three or four minutes walk from there—it was two miles from Mr. Gurney's that I first saw the prisoner—he was then coming towards London from Uxbridge, but he turned off the London-road to West End, towards where the cow was stolen from, coming in a direction to London—I went on to Mr. Hawkins, called him and his son up, and they both identified the cow.
Cross-examined. Q. When you met him, how far were you from Mr. Gurney's? A. When I first saw him, two miles, and when I first spoke to him, a mile: and a mile and a quarter from Mr. Hawkins—he was nearest to Mr. Hawkins when I spoke to him, and was going in that direction, but he turned before I spoke to him—that was also in the direction of Mr. Gurney—Mr. Gurney is a farmer, and keeps cows—the prisoner did not seem to have been drinking—when Mr. Gurney said that it was not his, the prisoner said, "Then it must be Mr. Hawkins'."
MR. GENT. Q. How far is Pole-hill from Mr. Hawkins'? A. A mile and a half—the prisoner passed me first—I was in uniform, and on my horse—I did not turn my horse round directly I passed him, but I did a very few minutes afterwards—it might have been half a mile before I overtook him.
prisoner driving a cow towards London—I turned my light on, looked at the cow, and seeing that there was no mark on it, I said to the prisoner, "Bob, where are you going with that cow?" he said, "Mr. Gurney sent me after it to Pole-hill, and is going to give me 5s."—there is such a place as Pole-hill—I am sure he said, "Mr. Gurney sent me, Mr. Joseph Gurney"—I went next morning to the field where the cow was, and found the inner field all right—there was a good fence all round, but in the outer field there was a fresh gap, where I tracked the cow as having gone through—the stakes were fresh pulled up, the cow could not have done that.
Cross-examined. Q. Did you see him before Smith? A. Yes, and stopped him, and let him go on—he was sober—I saw the patrol about a minute after he passed—he said nothing about a reward, he said that Mr. Gurney was going to give him 5s.—it was not that he was to get 5s. from Mr. Gurney—the cow appears to have been driven across a field, and through a fresh gap in the ditch into Shorwell-lane, which leads to Pole-hill.
MR. GENT. Q. Did you examine the gap? A. Yes, it was big enough for a cow to go through—it was fresh, the stakes had not been pulled up long—when the prisoner heard me behind him he started off and ran, and the cow ran too.
NOT GUILTY .
FOURTH COURT.—Thursday, October 28th, 1858.
PRESENT—Mr. RECORDER; and Mr. Ald. PHILLIPS.
Before Mr. Recorder, and the Second Jury.
PLEADED GUILTY .— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
HENRY ELMES . I live at 37, Rathbone-place, Oxford-street—about 6 o'clock in the evening of 7th October, I was coming home from Harrow races—I was at Stone-bridge, Willesden, at a public-house called the Coach-and-horses—when I was coming out at the door of the public-house I saw the prisoner, his eyes were fixed on my chain—I took all the care I could at the moment, but I could not do so very well—I removed my hand from my pocket, and directly afterwards I heard a loud snap—I had a large silver watch attached to the chain—directly I heard the snap, I looked down, and saw the watch in the prisoner's hand—I then collared him—I am perfectly sure he is the man—I gave him into custody at once—this was about a quarter before 6—he tried to get away—I had enough to do to keep him for the time—the watch was worth about 4l.—it is not here.
Cross-examined by MR. METCALFE. Q. You did not get the watch? A. No—the ring of it has been sent to me by somebody who picked it up—the watch went altogether—I caught hold of the prisoner by the throat—I had two umbrellas in my left hand, or it is very likely I should have got
the watch—I had been to the Harrow races that day—I walked there with my wife—I am not a sporting man—I had been at the public-house about five minutes—my wife was with me still—I had not been drinking at all—I was as sober as I am now—my wife heard me sing out that a fellow had stolen my watch—she was close behind me—no one saw the watch taken—I saw it in the prisoner's hand, and I was perfectly sober at that time.
JOHN STARTIN (Policeman, A 353). At half-past 6 in the evening of 7th October, I was at Stone-bridge, and heard a cry of "Police," from the Coach-and-horses—I went there—the prosecutor gave the prisoner into my custody—I told him he was accused of stealing a watch, and he said "That is all right, but don't tear my clothes"—I searched him, but the watch was gone.
Cross-examined. Q. Was the prosecutor perfectly sober? A. He was.
GUILTY .—The prisoner was further charged with having been before convicted.
JOSEPH BURKETT (Policeman, G 50). I produce a certificate—(Read: "Joseph Willshaw, Convicted at Middlesex Sessions, Feb. 1855, of stealing a watch; Confined Six Months")—the prisoner is the party referred to—I had him in custody.
GUILTY.**— Confined Eighteen Months.
994. THOMAS JAMES GRETTON (35) , Embezzling and stealing the sums of 17l. 16s. 5d., and 17l. 15s. 6d., and also the sums of 18l. 9s. 6d., and 14l. 8s. 0d., the moneys of James Yates and others, to which he
PLEADED GUILTY .—The prisoner received a good character.
Confined Eighteen Months.
PLEADED GUILTY .*— Confined Eighteen Months.
FRANCIS MAY (City policeman, 613). On 21st of this month, I was on duty in Bishopsgate-street—I saw the prisoner there—I saw him put his hand into a gentleman's pocket, and take out this handkerchief (produced)—I then seized him by the right hand; he wanted to know what I wanted—I told him, and he dropped the handkerchief.
GUILTY .—The Prisoner was further charged with having been before convicted.
HENRY HUDSON (Policeman, H 78). I produce a certificate—(Read: John Gill, convicted of felony, at the Middlesex Sessions, May, 1857; Confined Four Months")—I was present on this occasion; I had the person in custody—the prisoner is the person.
GUILTY.**— Confined Eighteen Months.
JOSIAH THOROGOOD . I am a porter, and live at 4, Guilford-street, Clerkenwell—between 9 and 10 o'clock in the morning of 2d October, I was in Moorgate-street, and saw a truck there, containing some paper parcels—it was going along to Hounsditch—I saw the male prisoner following—when I got past Cutler-street, I saw him go behind the truck and take a paper
parcel out of it, and go up Cutler-street with it—I followed after him up Cutler-street, and could not see any more of him—I then communicated with the policeman in Cutler-street, and told him what I had seen—in consequence of what he said, I went to Bishopsgate police-court—after that I went into the neighbourhood of Shoreditch—I saw the male prisoner in the company of the female prisoner, and the female had something bulky under her shawl—they went up Church-street, Shoreditch, till they came to a pawnbroker's shop at the corner of a turning; they parted—the female went down the turning, and crossed over to go into the pawnbroker's shop—the male prisoner stood outside—she returned in about 5 or 8 minutes, and she gave him something which appeared to me to be a pawnbroker's ticket, and after he had it he rubbed his hand as if he was rubbing the sand off the ticket—they walked back along Church-street—I then met a policeman, and told him what I had seen—I went up to the male prisoner, and said, "I charge this man, with stealing a parcel off a truck in Houndsditch"—he was off his guard, and did not make any reply—the policeman laid hold of him, and I said, "I charge this woman with pawning that parcel"—she resisted, and tried to get away—we then walked along Shoreditch, till I got another policeman—I then transferred the woman into the hands of another policeman, and told him to look out that she did not drop anything or pass anything to anybody—as we were going towards Bishopsgate-street police-station, a man came up to me and said in the hearing of the woman, "This woman has dropped this piece of paper"—my attention was drawn to the colour of the piece of paper, corresponding with the colour of the paper in which the parcel was wrapped—we then went to Bishopsgate-street police-station, and after that the policeconstable and I went to the pawnbroker's with the female prisoner—previous to going into the pawnbroker's shop, the female prisoner said that she was known at the shop—when we got into the shop, the young man that is a witness in this case was not present in the shop, but he was called—as soon as he made his appearance, the female prisoner said, "I have not been here this morning, have I?"—and the young man said, "No"—I said to the young man, "It is very possible that whatever it is that has been pawned would have been brought in a large piece of paper, and the party might have taken the paper back with them"—he said, "Have you got a ticket?"—I said, "It has not been found"—he said, "I cannot tell you what has been pawned"—I said, "Is this the woman that has been in here this morning?"—he said, "No, I cannot say that it is"—we then went back to the station-house, and both the prisoners were taken before the Lord Mayor on the following Monday—I am quite positive that what she said was, "I have not been here this morning, have I?"
Gent. Q. How far were you behind me in Houndsditch? A. About sixty yards—I have had you under observation for six weeks past—I was in Houndsditch when you took the parcel—the width of the road is not sixty yards—the length from St. Mary Axe to where you took the parcel is about sixty yards—you went up Cutler-street with the parcel, and I lost you—I should have cried "Stop thief" if I had seen you in Cutler-street—you were too quick for me—when I got to the corner of Cutler street, I could not see anything of you.
Potter. Q. If you saw me in company with this man and saw me with the parcel, why did you not stop me at once? A. I should have had you both taken then if I had seen a police-officer—you went and pawned the parcel and came right away before I saw a policeman.
COURT. Q. How near was the female prisoner to the male prisoner, when she was taken into custody? A. Just behind—I took the male prisoner first—the female prisoner was not being led away by a constable.
HENRY THOMAS WISTON . I am porter to William Paul Clift—on 2nd October, I was with a truck in Houndsditch—when I got into Aldgate, I missed a parcel which contained four shirts wrapped up in paper, worth about 14s.
Gent. Q. Did you see me against your truck? A. No—I did not.
ARNOLD WILLIAM COWLEY . I am assistant to Mr. Coxhedge, a pawnbroker at Church-street, Bethnal-green—there were two shirts pledged at that shop on 2nd October—I produce them—they were pledged on Saturday morning before dinner, by a female—I should not recollect her—they were pledged for half-a-crown—I was the person to whom the female prisoner was brought—on the Saturday morning she came forward and asked me whether I had seen her before—I did not pay attention—it was about half-an-hour before that they had been pledged—I could not remember who the person was.
EDWARD BAYLEY . I saw the two prisoners in custody in Shoreditch—I heard part of the conversation between Thorogood and the officer—one constable bad both in custody when I first saw him—when the other officer came up Thorogood gave up the female prisoner to him—he said, "Mind you don't drop anything"—it drew my attention to the female prisoner—as I was walking along I saw her right hand under her shawl—as she was walking, presently, about a hundred yards farther on she dropped this piece of paper (produced)—I picked it up.
Potter. Q. Was there not a crowd of people following us? A. Yes—I did not move away from the constable that had you in custody—I was close behind you when I saw the piece of paper dropped—my attention was drawn towards them by hearing the conversation—I kept my eye on you.
WILLIAM BURRIDGE (Policeman, G 75). Thorogood gave the man into my custody, and afterwards he gave the woman also, for being concerned with the man in stealing the parcel—I said to Thorogood, "What do you charge him with?"—he said, "With stealing a parcel off a truck in Hounsditch—I took the two prisoners along myself, one in each hand, till I met a brother officer—I gave the female prisoner to him and took the male prisoner myself to the station—the female, when I took hold of her, resisted for about a minute—she did not say at any time whether she knew the male prisoner or not.
Gent. You were bringing the female along in custody when Thorogood gave me in your custody? Witness. He gave me the woman at the same time.
Potter. You said, you never saw us before together. Witness. I never said I had not seen them in company.
WILLIAM PAUL CLIFT . I carry on business at 21, Silver-street—I packed up the parcel that was in the truck—there were three blue serge shirts and a baize shirt in it—this (produced) is the only baize shirt that was in the parcel, and this (produced) is one of the serge shirts—this is the paper I am accustomed to use in my warehouse—it is the same description of paper in which I packed up the parcels—it corresponds with the piece that was picked up—there was a hole in it when it was packed, but it has been enlarged—I received the shirts from William Bodkin.
Potter. There was no hole in that paper when it was at the Mansion-house. Witness. I believe there was.
Gent's Defence. I am innocent of the charge that is against me—I was not near Houndsditch that morning.
Potter's Defence. I am innocent of what I am accused of.
WILLIAM GENT— GUILTY .— Confined Six Months.
ELIZA POTTER— NOT GUILTY .
MR. WAY conducted the Prosecution.
JOSEPH SMITH . I reside at Bethnal-green—I rent Peel-grove Chapel: that is for the committee of the Wesleyan Methodists—they use that place for worship—I am clerk—on Thursday evening, 14th October, I went to the chapel door—no one went with me—I met the witness Boss there, and an old gentleman—I put the key into the lock—I found that the bolt of the lock was back, and that the door was fastened with a small bolt underneath the lock, inside—Mr. Boss immediately ran round behind the chapel—while he was gone, I heard somebody at the door inside, and supposing that Mr. Boss had got in behind, I said, "Boss, can you not open the door," and immediately the door flew open, and a man rushed out and nearly knocked me down—I seized the man—we both fell down in the mud—I was covered with mud—I held his clothes, and a piece of his coat that I had hold of came out—I dropped that—the man ran away—as I ran after him Boss passed me very quick, and I cried out "hold him, hold him"—I immediately returned to the chapel to see what had been done—the prisoner answers the general description of the man who knocked me down—the first thing I did when I got inside the chapel, was to turn the gas on, and I lighted one of the lamps—I went to the vestry door immediately, and found that the lock was literally smashed to pieces—we have not missed anything—the clock, which was suspended by a very strong nail at the top, had been turned round as though some one had endeavoured to wrench it off—the tops of the pews near the clock were covered with dirt, and the mark of a man's hand was all down the wall as if some one had been standing on the pews.
Cross-examined by MR. HORRY. Q. You say that the lock of the vestry door was smashed? A. It was broken all to pieces—I can only suppose that the outer door had been picked or opened with a key—there was no violence to the outer door—I cannot tell how anybody got in; it is my only supposition that he picked the lock, or got in with a key.
MR. WAY. Q. Was the chapel in your care? A. There is a class at the chapel on Thursday evenings, and the key had been given to me.
COURT. Q. When had you been in the chapel before? A. The congregation had been there on the Wednesday evening before, and I locked it up myself—I took the key to my own house—the chapel keeper lives at a distance, and I had the key, so that I might have the chapel ready for Thursday evening.
JAMES BOSS . I am a butcher, and am a member of the chapel—I went up to the door first on the evening in question, and the last witness came up to me—I thought I heard some one in the chapel, and I said, "I will go
round to the back"—I stopped there a little while—I heard a bit of a scuffle, and I saw a man running away from the chapel—I pursued after the man—he jumped over two fences—I followed him into the middle of a field—he turned round menacingly, and I thought it advisable to keep away from him—we had a struggle, and he got away—I followed him to the high road, and held him till some one came up—when I first saw him he was about thirty yards from the chapel—there were other people there—I believe the prisoner is the man that Smith was pursuing—Smith was apparently running after him—when Mr. Smith saw me running after him he stopped—a piece of cloth was found the next morning which matches his coat.
WILLIAM POPLE (Policeman, K 288). On the evening in question, I was on duty at Cambridge-road—I heard a cry of "Stop thief"—I went to the spot where the alarm was given, and found the prisoner in the hands of Mr. Boss and several others—I examined the prisoner's coat—I found a piece of cloth missing from it (the coat was here produced)—it is now in the same state as when I found it on the prisoner—there is a piece missing in the breast—the front of it was in a very wet state, as if he had recently rolled in the mud—the mud is now dry—the prisoner was quite sober.
JOHN SAUNDERS (Policeman, K 370). I produce a piece of cloth which I found in the field, where the struggle took place, some distance from the chapel—it is the piece that was torn off the breast of the coat—it corresponds exactly.
JAMES BOSS re-examined. He did not point to a man and say that was the man—I believe there were some people said it was another man, but this man ran quite a different way to the other people—I did not see any one else running—there were two or three on the side of the way that Mr. Smith was on—I did not see any one else near the prisoner.
Prisoners Defence. I was on one side of the way, and the chapel was the other—there was a mob of people—some were running—I ran about fifty yards, and the man followed me—he laid hold of me, and I said, "What do you do that for?"—I said, "the man has run down there"—he dragged me all along the street back again, him and the police.
The Prisoner received a good character.— NOT GUILTY .
OLD COURT.—Friday, October 29th, 1858.
PRESENT—LORD CHIEF BARON POLLOCK; Mr. Ald. CUBITT, M.P.; Mr. Ald. ALLEN; Mr. Ald. GABRIEL; and Mr. COMMON SERJEANT.
Before the Lord Chief Baron and the First Jury.
999. ALFRED SKEEN and ARCHIBALD FREEMAN were indicted for unlawfully depositing and transferring a certain bill of lading entrusted to them as agents, by James Cavan and others. Other Courts varying the manner of stating the charge.
MESSRS. BODKIN and POLAND conducted the Prosecution.
EDWARD BALLARD . I live at 38, St. Paul's-terrace, Canonbury—I am shipping-clerk to the firm of Cavan, Brothers and Co., West India merchants, carrying on business at 29, Finsbury-circus—in April last we received an advice of a consignment of timber—I know the defendants—they are timber-brokers in Broad-street, City—in April last they were employed by our firm to sell some timber, of which we had received advice—I gave them a specification of the timber, and gave them the
particulars—I saw the defendants about those particulars—I said they might sell the timber mentioned in the specification, on its arrival—I had seen them both at different times, and had this conversation with them—the conversation with respect to the timber was, that they might dispose of it previous to arrival, provided a sufficient price was got—they had directions from me to sell the timber—after this I had some conversation with Freeman, as to whether they had sold the timber or not—that was previous to the arrival of the vessel called the Glide—he stated that he had not sold the timber, and that no sufficient offer had been made—on or about 24th May, a clerk of the defendants called at our house in Finsbury Circus—I believe his name is Freeman—he asked for the bill of lading, as he required it to lodge at the Docks—on his stating that I gave him the bill of lading—this (produced) is the bill of lading for the timber, about which we had the conversation as to the sale—when I gave the bill of lading it was not endorsed at all by our firm—he then left and took the bill of lading with him—he returned about half-an-hour afterwards, and brought back the bill of lading—he said it was useless, not being endorsed—I then, at his request, endorsed it—I have authority to endorse bills of lading for the firm whose clerk I am—I endorsed it "James Cavan, Brothers and Co.; E. BALLARD"—after I had endorsed it he took it away—On 28th June following, in consequence of something I heard, I went to the Docks—I found a transfer had been made of the bill of lading from our name—it had the endorsement on it the words—"Deliver to Mr. John Scott, or order—Skeen and Freeman" were not on it when I delivered it to the clerk—our firm was not at all indebted to the defendants—they had no claim or lien on the bill of lading.
Cross-examined by MR. SERJEANT BALLANTINE (with MR. ROBINSON for Skeen). Q. This bill of lading is produced from your custody, is it not? A. No—it is not produced by me; it is produced by the Docks; it was lodged with the Docks—we have the warrants for the timber, which is the same thing as having the timber—it enables us to take the timber out of the Docks—we are not in any way whatever damnified by the transaction, as it stands at present—we have not had anything to pay, and the warrant has been released—I once had conversation with Skeen, after the arrival of the vessel—he did not tell me he had not been aware of the deposit of the warrant—I did not learn from either of the defendants that they had been expecting some funds from deposits they had made with Overend and Gurney—I did not hear it at the Bankruptcy Court—I was not there.
(The bill of lading was here put in and read.)
COURT. Q. Whose handwriting is this "Skeen and Freeman"? A. I do not know.
Q. Look at that bill of lading. A. I have been advised that the evidence I may give may possibly criminate myself, I therefore decline to offer any evidence.
Q. You were examined before the magistrate? A. Yes, and gave my deposition.
THE LORD CHIEF BARON, having read the deposition, did not see that the witness was in any peril whatever in re-stating what he had already stated, if he really was protected (which in his opinion he was not), the deposition might be given in evidence, and the witness treated in the same manner as a person who, for some reason or other, was unable to give his testimony; but
there was a rule, perfectly well understood, that a witness should not be allowed to tell a part of a story and then stop in the middle; if he began he must go on to the end, and he very much doubted whether that principle did not apply to the case where a man before the magistrate did not make any objection.
MR. SERJEANT BALLANTINE called the attention of the Court to the case of Reg, v. Garbett, in which this question was much discussed, and a decision arrived at countrary to the present impression of the Court.MR. BODKIN desired the witness to withdraw, as he was prepared with other evidence which might render this evidence unnecessary.
AUGUSTUS JACKSON WHITE . I am manager of the City Bank—the defendants, Skeen and Freeman, had an account at our house—we had frequently made advances to them on warrants; I should think, at the time this transaction occurred, we had made advances very nearly to the amount of £10, 000—the bank had often made advances to them on warrants—among other cargoes, we had made an advance on the cargo of the Laura Campbell—on 25th May last, Mr. Joshua Freeman, the nephew of the defendant, came to our house with this letter—it is in Freeman's handwriting—(Read:"Oakley-terrace, 25th May, 1858, from Mr. Freeman to Mr. White. Dear Sir, will you be kind enough to give the bearer the warrants for the cedar, per Laura Campbell, holding the inclosed bill of lading as security instead till I see you; it is worth about £1, 800 at the least—when I get to the City, which I hoped to have done to-day, I shall do as I said, immediately see Messrs. O.G. and Co. with a view of removing all the loans from you.")—This bill of lading (produced) came with the letter—it was endorsed in blank—I think this "Skeen and Freeman" is Freeman's handwriting, but I cannot positively say—I believe it to be his; these words "Deliver to Mr. John Scott," were not on it then—it was endorsed by Skeen and Freeman, as it is now—I kept that bill of lading—I told the young man who brought it, that I could give him no answer then, he must call again—I kept the bill of lading—later in the day I saw Mr. Skeen—I told him we could not deliver the warrant for the Laura Campbell, in exchange for this bill of lading—Mr. Skeen came to our bank—he came merely to inquire about this matter, as to whether the exchange could be made—it was in this way, I think, young Freeman came over first to know whether their request was granted; I then told him I wished to see one of the partners, and on that Mr. Skeen came—he merely came over in consequence of my message, and I explained to him that we could only take the bill of lading in exchange for the Laura Campbell, on their signing a letter promising to band over to us the proceeds of the wood by the Laura Campbell, when it was received—that is, if we permitted him to sell, that he would hand over the proceeds—it was stated they merely required a warrant for delivery, and would be entitled in the usual course of business to the money, in the course of the month, or something of that kind; and we were to hold the bill of lading of the Glide in the meantime, as security that the proceeds of the Laura Campbell should be given to us when it was received—he said if we would prepare the firm such a letter as was required, he would sign it for the firm—I drew out a letter—I have it here—he took it away, saying he wished to consider of it, and he brought it back next morning, signed as it now is "Skeen and Freeman"—I believe that is in the handwriting of Mr. Skeen—(Read: "75, Old Broad-street, London, 26th May, 1858. A. J. White, Esq. manager, City Bank. Sir, you hold a warrant for 264 logs of cedar, ex Laura Campbell; of this we have sold 155 H F 155 J C logs, and require to deliver them; we
shall therefore feel obliged at your inclosing the warrant for delivering—tons of the (155 H F) (155 J C) logs and ordering a new warrant to be made out for the remainder of the parcel, in name of your security clerk—the proceeds of these 155 H F 155 J C logs, say 1, 277l., we engage to hand over to you within one month from this date, and in consideration of your so doing we hand you herewith as additional collateral security, bill of lading for 153 logs Green Heart per Glide Demerara, which you will please lodge at the Dock-office, and take out a prime warrant in the name of your clerk, Mr. Scott. We remain, Sir, your obedient servants, Skeen and Freeman.")—That letter instructs us to lodge the bill of lading at the Docks, and before we could get the warrant prepared at the Dock we were obliged to have it deliverable to some one, and we thought it most convenient to do so to our clerk—this is the writing of the security clerk, the person whose name is mentioned in it—it was sent to the Dock-house so endorsed.
COURT. Q. The endorsement originally was what you call a general endorsement, making it deliverable to bearer? A. Yes; but when it became necessary to put in some name, then we made the general endorsement special.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Before the interview took place between you and Skeen, had the further endorsement to Mr. John Scott or order been made in any form? A. No; I say that positively—the "deliver to John Scott or order" was not filled in until after the bill of lading was in our possession—the bill of lading was handed to us in the first instance in the note which came from Freeman—the endorsement to John Scott or order was made after the interview with Skeen—I am quite sure about that.
COURT. Q. It would not be made until it was wanted? A. No; it was not done until after that.
MR. SERJEANT BALLANTINE. Q. Who was it made by. A. By our security clerk—I did not see him write the words—I will swear I believe that it was not made till after the interview with Skeen—I believe it was not made till after the interview with Skeen, because we did not consider the bill of lading ours until after that—it was in our possession, but we did not deal with it as a security till after the letter was signed, I feel morally certain of that—it had not been sent to the Dock, to my knowledge, before the interview with Skeen—I will swear that I have no knowledge of any such thing—I certainly do not know from any member of our firm that the warrant, with the endorsement of Scott added to it, had been sent to the Dock the day before Skeen came—I have not the slightest idea of anything of the kind—I do not know of any inquiry having been made at the Dock.
Cross-examined by MR. GIFFARD (for Freeman). Q. That note of Freeman's as I understand, was never acted upon by you at all; you never agreed to the arrangement proposed in it? A. The arrangement proposed in the note, I believe, with respect of the delivering up the warrant by the Laura Campbell and taking the bill of lading in exchange, we agreed to carry out on certain conditions, that a letter was signed by the firm—I did not agree to the proposition as it came to me—I kept the bill of lading—I merely kept it pending the negotiation—we did not consider it ours properly, until after the letter was signed—I am quite sure it was on the 25th the conversation took place. I am quite aware that Freeman was ill for a considerable time—I cannot say for what time—he was confined to his
house; I should think from the message I had from him that it must have been a fortnight or three weeks before the note was written—at the very time that that letter came, I knew he was confined to his house, and was ill—we never saw Mr. Skeen once on financial matters, in the office—I always understood he attended to the Dock department—he was never engaged in any of the financial matters, he attended to the Dock department.
MR. SERJEANT BALLANTINE desired to put a question to the witness, Joshua Charles Freeman.THE LORD CHIEF BARON stated that if he was to be recalled, it must be as a witness for the Defence, as he had given no testimony for the Prosecution. MR. SERJEANT BALLANTINE insisted on his right of cross-examination, several questions having been put to the witness before he declined to proceed with his evidence. The LORD CHIEF BARON refused the application.
MR. SERJEANT BALLANTINE, on behalf of Skeen, submitted that by the term "deposit" in the Act of Parliament upon which this indictment was founded, was meant an actual manual deposit of a document,—the delivery over of a document in the possession of a trustee for purposes not contemplated at the time of the trust existing, and therefore, upon the evidence, the case, as far as the deposit was concerned, was complete at the time of the delivery of the letter by Freeman; and although Skeen subsequently wrote a document which enabled the party to retain it or use it, that did not make him a principal to the original deposit.MR. GIFFARD, on the part of Freeman, submitted that there was no evidence for the Jury, because, assuming that the letter, as was the fact, was the only evidence against him of any deposit, that was a deposit upon a proposition which was not accepted, the bill of lading was simply kept there afterwards to be handed back again; and there was no evidence that what occurred afterwards was with the cognizance of Freeman. The LORD CHIEF BARON was of opinion that there was evidence for the Jury to consider with rapect to both the defendants.MR. SERJEANT BALLANTINE further called the attention of the Court to the Sixth Section of the Act of Parliament, which provided that no agent should be liable to be convicted by any evidence whatever in respect of any act done by him, if he should, at any time previously to his being indicted for such offence, have disclosed such act upon oath in consequence of any compulsory process of any Court of Law or Equity, &c., or in any examination or deposition before any Commissioner of Bankruptcy; he proposed to adduce evidence showing that the defendants did make a full and correct statement of the transaction in question at the Court of Bankruptcy before indictment, and therefore he prayed in aid this Section, to the benefit of which, he submitted, the defendants were entitled. Upon the learned counsel (after addressing the Jury) proceeding to call witnesses to prove the proceedings in Bankruptcy, MR. BODKIN, without desiring to interpose any strictly technical objection, requested the opinion of the Court as to whether evidence of this description could be given in answer to the charge except upon a plea,—it was like the case of pardon, and was, in reality, a plea in discharge of the offence; this point had arisen in the case of Reg. v. Strachan, Paul, and Bates, but had not been discussed or decided. The LORD CHIEF BARON did not think a plea was necessary, it was like any other matter that was an answer to the indictment. The proceedings in Bankruptcy were then put in, and the examinations of the defendants read, but the LORD CHIEF BARON declined to receive them as evidence for the Jury, it being a simple question of law for the Court whether this amounted to a legal answer to the charge. As there seemed to have been no
decision upon this point, he would reserve it for the consideration of the Court of Criminal Appeal. His impression at present certainly was that the word disclosure" meant stating for the first time; no other construction of the Section appeared to be in accordance with good sense, and he therefore felt bound to put that construction upon it; a statement made after committal, when the thing had previously been found out from other sources, could hardly be called a disclosure; but as there might be some doubt about it, the questions reserved should be, first, whether this was a disclosure within the meaning of the Act of Parliament (which at present he thought it was not), and next, whether it was that sort of disclosure that would operate as a protection.
Several witnesses deposed to Skeen's good character for many years.
SKEEN— Guilty .
FREEMAN— Guilty .
Judgment reserved .
Recommended to mercy by the Prosecutors.
The Defendants were admitted to bail to appear and receive judgment when called upon .
NEW COURT.—Friday, October 29th, 1858.
PRESENT—Mr. RECORDER; and Mr. Ald. CUBITT, M.P.
Before Mr. Recorder and the Fifth Jury.
MESSRS. T. SALTER and AUSTIN conducted the Prosecution.
GEORGE LEVER . I live at 49, Warwick-street, Pimlico—on Thursday morning, 14th October, I was awoke a very little after 1 o'clock by the breaking of a window in the room in which I slept, the back-parlour, which is at the back of the shop on the ground floor—I got up, looked out at the window, and saw the prisoner Garrett standing on the window cill—I hallooed out, and he shifted off, as I thought, on to a ladder, but it was the water-spout—he went down that, I believe—I went down to my kitchens—I found they had been broken open—the front kitchen window was open, and the door had been broken open and part of the lock broken off—the cupboard door was open and the things had been moved about, and a tea pot had been removed from the cupboard and placed on a table in the room—the tea caddy was open, and another little box open.
HANNAH LEVER . I am the prosecutor's wife. On the night of 13th October I was in bed—I heard a noise at a little after 1 o'clock of a pane of glass being broken—my husband went to the window; I did not see anybody then—I opened the parlour door, and saw the prisoner Garrett standing at the garden door—I looked out of the shop window, and saw Bygrave standing opposite the window against the area railings.
Cross-examined by MR. GENT. Q. Was some one not with Bygrave? A. Yes, a female—they were in company together on the pavement—I opened the window to call the police—I asked Bygrave to call the police, not knowing that he was connected with the other, but I believe he was, and the young woman alao—when I told Bygrave to go for the police he went a few paces, and the policemen were coming up the street—I was not dressed; I had not time to dress—my husband keeps a shop—it is a regular thorough-fare—there
is no harm in a young man and woman going by—I was in great agitation, but not so agitated but I knew what I was about—it is not very usual to hear a window thrown up at that time—if I heard a window thrown up I should stop to know what was the matter.
Garrett. Q. On the night I was taken you was asked if I was the young man; you said, "I can't tell, I only know it was a young man in a dark coat?" A. No, I did not.
CHARLES WYATT . I lodge in the prosecutor's house—I occupy the first floor and the front kitchen—I was sleeping that night in the back room on the first floor, which is over the back parlour—at a little after 1 o'clock I beard a noise of breaking glass, and about a minute afterwards I heard a great screaming from Mrs. Lever, and I heard Mr. Lever calling to me for assistance—he called, "Mr. Wyatt, Mr. Wyatt"—I called to him to know what was the matter—he said, "There are men in the house"—I called "Police"—in a few minutes the police came—I got on my things and examined the bottom of the house—I found the kitchen door broken open—the window was open, the blind drawn aside, and on the blind and the kitchen window cill there was blood—a tea pot was on the kitchen table, a tea-caddy was open, and a chess-board had been opened—the back door was open which leads into the passage, and the passage runs from the front to the back of the house.
Cross-examined. Q. There was a great screaming? A. Yes, for a minute, I should say—I opened the door and called to know what was the matter—they raised the alarm—I immediately called "Police," and the neighbours made their appearance—I went down stairs, and found the door open.
WILLIAM KING (Policeman, B 198). I was on duty on 14th October—I heard a cry of "Stop him! Stop thief! Police!" at a few minutes past I o'clock—I made my way towards Warwick-street, the spot where I thought the sound came from, and four or five doors before I got to the prosecutor's I met my brother-constable, who had got Garrett in custody—I inquired what it was, and he said, "A house broken open in Warwick-street"—I went to the place, and there were several persons there—the shop is two doors from the corner of Berwick-street—I stood there a minute, and I saw Bygrave come to the corner and I made my way towards him, and at that time Piddington came alongside of me and tried to pass me—just before I got to Bygrave he pulled his cap over his eyes, as if to hide his face—I took them both in custody, and asked them what they were after—I took them to the station and went back to fetch the parties in the house—Mrs. Lever identified Bygrave as having been in front of the house—the place where I took Bygrave and Piddington is not twenty yards, I should think, from No. 49—I took off the hoots of all the three prisoners—this is a boot I found on Garrett, and there was some soil on it—I took it back to the place, and found soil of the same sort on the area railing and likewise on the dust-heap below, and there was white on both the legs of his trousers.
Cross-examined. Q. Have you not stated before that it was on Bygrave's boot? A. No—I have not made any mistake—I took all the prisoners' boots off; the only one I now produce is Garrett's.
MR. SALTER. Q. Did you take off Bygrave's boots? A. Yes—they were right, but Garrett's were not—this is the left boot, and it was on Garrett's right foot—it was about five minutes after I was called when I found By-grave and Piddington twenty yards from the house.
MR. GENT. Q. Were there several persons about there? A. Yet; but they were generally in front of the house, not at the corner.
RICHARD TOPSON (Policeman, B 245). I heard a cry that night; I ran to where the cry came from—I met Garrett running—I and some other constables inclosed him and took him—he was running in a direction from the prosecutor's house towards Westminster—I went to the prosecutor's shop and found on the window-ledge this jemmy, at the back of the house.
WILLIAM CUMMING (Police-inspector B). On 14th of October, I went in the morning to 49, Warwick-street. I made an examination of the premises—I found that the thieves had made an entry by getting over the area railings in front of the house—the kitchen window was raised up and an entrance made by getting in there—I found on the curtains of that window marks of blood—I found the kitchen door leading into the passage had been forced by some instrument—the thieves got to the back of the house and I then found they had climbed up a water-spout to the back-parlour window, a pane of glass in which was broken, and opposite the broken pane there was some blood—I saw the prisoners at the police-court the same morning—I know them all, and know them to be associates.
Cross-examined. Q. Did you not know their friends? A. I did not know their fathers till the present inquiry—I believe they are respectable people—I had seen the prisoners together several times within the last six or seven or eight weeks—I said I could not recollect any particular time that I had seen them—I said it might be a fortnight before—I saw them in Queen-street, Pimlico, in company with another who is a convicted thief—I am often obliged to be in company with thieves—the time I saw these prisoners was at half-past 10 o'clock at night—there was one woman with them—I know her also.
Garrett. Q. Mr. Lever stated that there was another pane of glass broken. A. Yes, there was another in another window.
SARAH SMITH . I live next door to Mr. Lever. On the evening before the robbery I was at my door—I saw Bygrave standing about from a little after 8 o'clock till about 10—I went to my shop three times, and each time I saw him, and the last time he had his arms on the railings and was looking about.
Cross-examined. Q. Is it anything unusual for persons to look into a shop? A. No; Mr. Lever keeps a shop—I have seen persons looking in—Mr. Lever's is a jeweller's shop.
GEORGE EVEREST (Policeman, B 76). On the night of the robbery, I was on my beat—at a quarter-past 11 o'clock I saw Bygrave and Piddington, and a young man of the name of William Godfrey, and a short female with a light shawl on—they were playing with the female and pulling her about, and larking altogether—I told them I thought it was time they got home away from there—they went away, and went in the direction of Warwick-street.
Cross-examined. Q. This was a quarter of a mile from Mr. Lever's shop. A. Yes, they were conducting themselves so that I told them to go away.
ELIZA HARMAN . I lived next door to Mr. Lever's—I saw the prisoner Garrett some days before the robbery—it was three weeks last Saturday—he was looking in at Mrs. Smith's window with his arms on the rails, and I saw a woman watching Mr. Lever's window—the woman was watching some time, but not so long as Garrett did—on the morning of the robbery I was awoke by the noise—I then saw a woman between Mrs. Smith's and Mr. Lever's—she was something like the woman I had seen before—I saw the policeman take the prisoner Garrett away—I don't recollect seeing anything of the other prisoners.
Cross-examined. Q. What is Mrs. Smith's? A. A milliner's shop—there was a woman looking, but I can't swear it was the same woman that I saw afterwards; she was something like her—that is a thoroughfare where any one may walk and look in at windows.
EDWARD WHITE (Policeman 222 B). I was in the neighbourhood of the burglary that night—I saw Garrett running away from the direction of the prosecutor's house—I stopped him—I looked at his hands—they were bleeding; and his boots were unlaced—I searched Piddington at the station, god found on him some matches and some papers.
Garrett's Defence. I had just come from the Plough, and the boots I had on being new, they hurt me—I unlaced them and took them off—I got the white on my clothes where I was at work—I had not brushed it off.
GARRETT— GUILTY .
NOT GUILTY .
Garrett was further charged with having been before convicted.
GEORGE HEATH (Policeman, V 345). I produce a certificate. (Read: "Westminster, June, 1854, William Taylor, convicted Larceny; having been before convicted. Confined in Penal Servitude for Four Years.")I was present—the prisoner is the man.
GUILTY.— Four Years' Penal Servitude .
THIRD COURT. Friday, October 29th, 1858.
PRESENT—Mr. Ald. CUBITT; Mr. Ald. GABRIEL; and Mr. Common Serjeant.
Before Mr. Common Serjeant and the Fourth Jury.
MESSRS. CLERK and T. ATKINSON conducted the Prosecution.
JOHN MILLS MITCHELL (Police-inspector, F). The prisoner was a constable in my division—he has been in the force for nearly four years—he executed warrants for convicts for about a year and a half before 18th September—several policemen are engaged in that duty, and he was employed on it occasionally—when the licence of a ticket of leave convict is revoked, it is done by a Mr. Hall, the chief Magistrate at Bow-street, if he is in town—it is only done at Bow-street—that is the, chief office—when the magistrate requires a convict to be re-apprehended, he fills up an imprest for the amount of money to apprehend him and take him to his destination, and he also fills up a form like this (produced) stating that the constable is to go that journey—after the constable brings the imprest filled up, and the report that he is authorised by the Magistrate to go on that journey, he takes it to the superintendent of police—I was acting as superintendent at that time, and the imprest and report should have been brought to me—I sign my name to the imprest, and give it back to the constable who brings it, and he takes it to the Commissioner's office—the proper course would bo to obtain the signature of the Commissioner of Police; and,
having got that, he then goes to the receiver's office, and obtains the money mentioned in the imprest—on 18th September, the prisoner brought me this report—it is his writing, except this in the corner, which is mine: "Police-constable 54 reports being sent to Birmingham with an imprest to apprehend a convict whose licence is revoked"—the convict's name is not mentioned—that would be contained in the warrant—on the production of that, I asked him for the warrant—he said, "I am expecting the warrant directly, it is not signed yet; but I want to draw the money before they leave the office at Scotland-yard"—that was between 2 and 3 in the afternoon, as near as I can remember—I then signed the imprest—on the following Monday or Tuesday, I saw the prisoner on his regular duty, and asked him the reason he had not gone the journey that I signed the imprest for—he said that he was given to understand that the convict was ill and in the infirmary—I saw him again on the Wednesday, and asked him the same question—he gave me the same answer—I saw him again on Friday, the 24th, and said, "Gymer, when are you going that journey?"—he said that he did not know—I said, "Unless you go to-morrow, you bring the money in," which he promised to do—that would be Saturday, the 25th—I saw him again on the Sunday morning—he had not brought me the money, and I sent for him to come to the station—when he came, I asked him the reason he had not paid me the money as I told him—he said, "I have paid it into the office"—I understood him to mean the office at Scotland-yard—I said, "To whom did you pay it?"—he said, "To Mr. Goulden; I was not aware that you intended me to bring it in here"—that is the chief clerk in the receiver's office—he pays out money, and would receive it back—I said, "If you have paid it to Mr. Goulden, I am satisfied: I do not want to have any responsibility on my shoulders"—I then inquired what had become of the imprest: "Has Mr. Goulden given it you back, or has he given you any receipt for the money paid in?"—he said, "Mr. Goulden tore up the imprest with the Commissioner's signature on it"—on the following Monday, I made inquiries at the receiver's office, and, on returning to the station, sent for the prisoner, and said, "Gymer, I am given to understand you have not paid the money in to Mr. Goulden, as you told me you had"—he said, "No, Sir, I have not"—I said, "Why did you tell me you had? where is the money?"—he said, "I have it here in my pocket"—I told him to put it on the desk—he took out his purse and took out of it, I think it was, 11l. or 11l. 10s. in gold, and the remainder in silver, 12l. altogether—he said, "I have not enough, but I will bring it to you immediately"—I told him to leave the 12l. on the desk and fetch the other 1l.—I then said, "Gymer, yon have told me an untruth in this matter, and I must report you for it"—he said, "Do forgive me, Sir, and I will tell you all about it"—I did not answer—he said, "Some time since, I had a misfortune, and lost my purse with 9l. in it, through a hole in my pocket, and many of the men know that to be true"—I said, "I cannot overlook it; you must see me again to-morrow morning, and I will see what I can do with you"—he said, "Do, Mr. Mitchell, forgive me; if you take me before the Commissioner, I shall be dismissed"—at the time of this conversation, I had not made inquiries as to whether he had any authority to go to Birmingham at all—on the afternoon of that day, I went to Bow-street, to make inquiries—that was Wednesday, the 29th, and on the following morning, the prisoner came to me—I said, "Gymer, I am given to understand you had no authority from the Court to draw the money"—he said, "No, Sir"—I said, "Neither is there a prisoner at Birmingham to be apprehended"—he said, "No, Sir, there is not"—I
reported him for telling me an untruth, and stated the case to the Commissioners of Police.
Cross-examined by MR. SLEIGH. Q. Are officers selected for this duty in consequence of good conduct? A. If application was made to me, I should send one who was deserving—the prisoner had been performing these special duties to a great extent—he had had about thirty journeys altogether, and has had 10l. or 12l. on each occasion—the commissioners would discharge him for anything of a gross nature—it was on the 30th that I made my report to them, and during the whole of that period the prisoner was at the station day by day—I saw him at the station on Thursday, the 30th, after having the conversation with him, and took him before the magistrate—it was on the Tuesday following that he was actually taken in custody—it was on another charge that I took him before the commissioner—there is no other charge impending against him here to-day—I do not charge him with any other embezzlement of the public moneys, except that 13l.—he was at the station up to the Sunday—I did not see him on Monday—I sent for him, and he was not to be found—I sent for him again on the Tuesday to his lodging, where he lives with his wife and family, and he was found—persons in his position have a sort of running account with the Treasury, in respect of the money they have entrusted to them for the purpose of taking convicts—there was, on this Thursday, a running account between the prisoner and Mr. Goulden of 8l. 12s.—6l. is not paid—if 13l. is given to him, he has to account for any balance left—the period when the balance is accounted for, is undefined, and it is unknown to us at the station—it is done whenever it may suit the convenience of the officer, when the bills are returned from the Home-office—I am not aware of any other criminal charge against him but this—I understand he has a wife and children—I told him I should have been satisfied if he had paid the money to Mr. Goulden—I retain the money for the Commissioners still.
MR. CLERK. Q. On what day was it that you said that if he had paid the money, you would be satisfied? A. On Sunday, the 26th—that was three or four days before I had ascertained that he had no authority to go to Birmingham—he appeared before the Commissioners on Friday and Saturday—the constable makes out a fresh imprest on each journey, and draws something more than is required—when the accounts are settled, there is sometimes a balance to be paid over, and that may go on accumulating for different journeys—the criminal charge was made on Tuesday, 5th October—I may state that I had my instructions from the commissioners on Saturday to prosecute the case, and to take him before a Magistrate—I did so on the Tuesday, as I could not find him on the Monday.
THOMAS GOULDEN . I am chief clerk to Mr. John Ray, the receiver for the metropolitan police—it is part of my duty to give money out—on 18th September, the prisoner came to the office, which is in Whitehall-place, and produced this imprest—when a document of this kind is produced for my signature, I advance the money—here is a blank here for the signature of the Commissioner of Police—when the prisoner brought it I said, "You have not obtained the signature of the Commissioner"—he said, "There is no one there"—it is my practice to pay the money in cases of emergency, when the signature cannot be obtained, in order that justice may not be defeated, and the Commissioner's signature is obtained afterwards—I saw the prisoner sign this document, and paid him 13l.; there were two 5l. notes, and three sovereigns—he has paid me money since on some other accounts—I knew that he had been employed on this service several times before—this is the
form of document which is made out when a man has to go down in this way to apprehend convicts—when he produced it to me, he said that he wanted to go away immediately, and it bears on the face of it that he was going to Birmingham—I was familiar with the course of practice in granting warrants and making out this form of imprest.
Cross-examined. Q. Has he often been to your office and received money, not merely for this purpose, but for various purposes? A. Not that I am aware of—he has always been for an imprest—I have not paid him money on any other description of document.
MR. CLERK. Q. Would you have advanced the money without the signature of a Commissioner unless he had said that he wanted to go immediately? A. I should have waited till the time of closing the office for the return of a Commissioner, and then I should have paid it to prevent the frustration of the ends of justice—it was towards 4 o'clock in the afternoon when he came—the office closes at 4—I should not have paid it if he came without both signatures—it bears the signature "J. Mitchell, for the superintendent."
J. MITCHELL (re-examined). The filling up is in the prisoner's writing; the signature is mine.
MR. SLEIGH submitted that the indictment was not supported by the evidence, as a false pretence must relate to an existing fact, whereas the pretence made by the prisoner was in futuro, that he was about to proceed to Birmingham. MR. CLERK contended that the pretence was that he had been authorized by a Magistrate to proceed to Birmingham. THE COURT was of opinion that there was evidence of an affirmation on the prisoner's part that he was authorized to go, and therefore that the evidence sustained the indictment.
NOT GUILTY .
Before Mr. Common Serjeant.
LIST PLEADED GUILTY .— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
Cross-examined by MR. T. ATKINSON. Q. How do you know? A. I did not see him after he died, but I saw it on our order-book, in print—I last saw him about three weeks before his death—here is a man here who saw him more recently.
ISAAC GAY (Policeman, K 54). I know Edward King—I saw him about four days before he died, at 24, Port-street, Stratford—he was in bed and was expecting to die every hour—I spoke to him, and he was unable to answer—I saw his clothes subsequently at the station; I know they were his by the number—I did not follow him to the grave, or see a funeral go from his house—he was married—I have not seen his wife since—it is usual on the death of a policeman for his clothes to be sent back.
Cross-examined. Q. Do not the clothes of a policeman come back after his dismissal? A. Yes, on his resigning—if he had been dismissed I should have known it. (MR. ROBINSON stated that he would not press this evidence further). On the evening of 23d September, I accompanied serjeant King to St. John's Church, Stratford, and Craddick, the beadle—the church wardens were at the vaults when I arrived—they pointed out something on the wall
where the brickwork was fresher, and the crevices were not full of mortar—there was a slackness over a place large enough to admit a man—it was not so workmanlike as the rest, and an inferior sort of mortar had been used—I broke down the wall and got in—I found there the coffin of Mr. John Taylor—the lid was half or three quarters of an inch opened—it was resting on the screws—it appeared to have been wrenched open—there was no copper coffin, nothing but an oak one and a shell inside—I saw marks of a crowbar on the coffin—I went in search of Saville—I apprehended him the same evening, and told him to consider himself in custody on suspicion of stealing a copper coffin from the vault of St. John's Church—he said he knew nothing of it, and I locked him up.
Cross-examined. Q. Have you had this matter in hand to prosecute? A. I have managed the case—I had to speak to list on one occasion, about three weeks ago—he was then in custody—he had been examined before the magistrate and there was a remand—I had been looking up the case very much in Stratford—I did all I could; I expected to have done more—I did not go to List in gaol to talk to him; I saw him before the Magistrate—I saw him after that, but not in gaol—I had a long ride with him—on his confessing, a conveyance was engaged and I went with him to find a third party—I had very little talk with him about this matter, nothing more than asking him to look out on one side of the fly to see if he saw the party we were in search of, as I knew he was on the road—I was not present then he made his confession—the deceased officer King was with me—I have not been to the house of the witnesses; the solicitor for the prosecution, Mr. Wilson, of Stratford, did that—I did not go with him, but previous to that I had been to Bray's with him once, it may be twice—I went there because they were very unwilling to throw any light on it; they were unwilling both times—I went the second time from what came to my knowledge—I did not try the coaxing system or the threatening system—I treated them fairly open-handed—I did not shake hands with them; I referred back to the first conversation—I said that it would be necessary for them to attend before the Magistrate to repeat what they had been heard to say—I did not tell them what they had been heard to say—I was by myself the second time—I told Mrs. Bray that she had been heard to say that Saville said that his hands stank of it for a week, but they did not stink now—I said that on both occasions I saw Sarah Strange, but had no conversation with her, no more than serving a notice on her to attend here—we had no conversation about the evidence she was to give—I have had assistance from Mr. Wilson; I have had none from my wife.
MR. ROBINSON. Q. Is Mr. Wilson the solicitor who was first employed by the churchwardens? A. Yes; they prosecuted in the first instance—I had heard what Mrs. Bray had said—she was unwilling to come—when I told her about the hands stinking, she said that he did say so—she then came and was examined before the Magistrate.
JABEZ LEGG . I live at Stratford-green, West Ham—I am one of the executors of the will of the late Mr. John Taylor—this (produced)is the probate—he was buried in 1846—I saw his body inclosed in a copper coffin which he had had made three years before his decease, having been a coppersmith—I should imagine it to be worth 10l.—I attended the funeral, and saw it deposited in the vault—Mr. Robert By field, of Stratford, is the other executor.
Cross-examined. Q. Had you seen the copper coffin that morning? A. Yes; all I saw deposited was the outer case.
James List (the Prisoner). I had been gravedigger at Stratford Church
for about four years prior to my apprehension—Saville was my assistant—he used to come in to help me—Mr. Craddick was the sexton—he kept the keys—I recollect digging a grave in Stratford churchyard, in the summer of 1855—there were a good many dug about that time—I was digging one on a Tuesday, and Saville said, "What do you say, Jemmy, to having Mr. Dr. Taylor's coffin out?"—I said, "No"—he said, "Never mind, let us have it out—will you have a drop of beer?"—I said, "I do not care about it"—he said, "Come on, let us go and have a pot," and we did at the Coach and Horses—he then went home and fetched his tools, a bag, a hammer, and a chisel—he went down into the vaults first, and I went after him—the gate into the vaults has never been locked since I was there—that is where you go down to the tool-house—the wooden door is always locked—when you get through the wooden door, the iron gate is open—you then have access to the various vaults—Mr. Craddick kept the key of these doors—it was necessary to get the key from him when we wanted to get our tools to dig a grave, but sometimes he did not have the wooden door locked all night—I did not have the key on this occasion—the door was open—when I went in, I found Saville breaking the brickwork of a vault open—after it was broken, I went into the vault with him, and he wrenched the coffin open, and took out the copper one—the shell was not opened—he replaced the shell afterwards—he could not take the shell out from the copper coffin without opening the lid of the shell—he tore off the copper part of the lid—I helped him with the copper coffin, and we took it to another empty vault at the side, and left it there—it was then in good large pieces—we then went out and finished a grave—this was between 6 and 7 on a Saturday morning, either June or July in 1855—we did nothing more that day—we let the coffin be there till Monday, and then he went and found a man who would take it, named Brett, who lived at Stratford—he fetched the man's truck down to the church, and some bags, and we took it up to the man between 3 and 4 o'clock in the afternoon, in two or three bags—the truck was brought out of the churchyard to the gate which looks into Essex—I saw nothing more of the copper afterwards—I did not break it up, but I was with Saville in the vault when he broke it up—I got 10s. 6d. for my share—I went with Saville to sell it—I was just outside the door—I did not see the dealing between Saville and Brett—we then went to the beer shop—I knew the name of Brett when I was before the Magistrate—he was apprehended, and I saw him there—I did not know his name before that—I only knew him by sight, but I heard him charged as Brett.
Cross-examined. Q. Is this the first time you have done anything in the coffin line? A. Yes; I always worked honestly for my living—I was very much shocked when it was put to me to take the coffin—I have continued in that state of mind ever since it has been done—it was weighing on my conscience when the policeman took me, and I said I did not know anything about it—I did not know exactly what he wanted me for—he told me at the station that he wanted me about a coffin, and I said that I knew nothing about it—I did not know what he wanted me for before that—I had forgotten it—my memory served me that I had been engaged in it about half-an-hour afterwards—I did not send for the policeman, and tell him—I was examined before the Magistrate—it was then fresh on my memory—I did not say anything about it then—while I was in the gaol, I spoke about it to the sexton and clerk, who came there, Craddick and Biggs—that was, I think, after I had been examined the second time—there was no police officer with them, only the warder of the gaol—they came
into the gaol where I could see them, but they could not see me—they came to ask me how I was getting on—they did not ask me whether I would have anything to drink—they could not get it there—they asked me about it, and asked me to confess—they did not tell me that Saville had peached, or anything to that effect, nor did anybody else—nobody had told me that at any time—nobody told me in gaol that Saville was about to turn evidence against me—I swear that—they wanted me to tell the truth about it—they did not say that if I would, it would be better for me—they said that they should lose their places if I did not give evidence—I said nothing to that—they did not come again, or anybody else—they did not tell me when I was to give my evidence—I told them that I would do so—they were with me a quarter of an hour—I told them that we had done the job—Saville was not there—I said that it was done by 6 or 7 in the morning—we had one pot of beer at the Coach and Horses before we began.
MR. ROBINSON. Q. How long after reflecting on what they said, did you tell them? A. A very few minutes; and they said that was what they wanted—what I have told you is entirely truth—I have not confessed myself to be guilty of a crime which I never committed, for the purpose of enabling these men to keep their places—I should not like to see them lose their places—I helped to commit the crime.
GEORGE CRADDICK . I am the sexton—List was the gravedigger—Saville assisted him in July, 1855—I kept the keys—I was in the habit of giving them both the keys to get their tools—when the wooden door is open, you can get access to the whole vaults—I never knew the wooden door to be left open—I do not know what they did when I left the keys with them—I was present on 23d September, when the vault was examined—I had discovered on the 22nd that it had been broken open—I heard some talk in the neighbourhood on the Wednesday and went down into the vault in consequence, and found symptoms that it had been opened—there is a small gate which separates the highway from the churchyard at the south-east corner—List had a key of that gate.
Cross-examined. Q. Were you present at the first examination of the prisoners before the Magistrate at Ilford? A. Yes; it was a matter of great interest to me—I was anxious to see justice brought home to the men, if they were found guilty—I think I was absent the second time, and the third—I went to the gaol with Biggs the clerk, for the purpose of seeing List—there would be no blame to Biggs—he had no key—he merely performs the responses in church—I had no particular object in going to the gaol to see List, but I had known him a long time, and went to ask after his welfare—the gaol is three miles from my house—I do not know whether I suggested going to Biggs, or he to me—there was no vigilant attorney behind—I think Mr. Wilson was the first solicitor to move in the matter—I forget whether I heard Mr. Hillery of Stratford, open the case to the magistrate—Mr. Humphreys is prosecuting now—I do not know whether he has any partners—it was very unpleasant for us in the situation we were placed in, and we told List so—I did not say "If you do not give evidence, we shall lose our situations"—I heard nothing about a confession—neither I or Biggs made any such statement to List as, "If you do not confess, we shall lose our places"—I do not recollect that anything of that kind was said—I believe I have given you the substance of what passed—we were with him perhaps ten or twelve minutes, it might be a quarter of an hour—that was not all the conversation in a quarter of an hour—we could scarcely see List—Biggs said, "Well, Jem, how are you?"—he said,
"Very well; I have been in the garden to-day"—Biggs said, "This is a bad job, Jemmy,"—he said, "It is"—Biggs said, "Both for me, and for Mr. Craddick"—List said, "I never should have done it, if it had not been for Saville, and I wish I had never seen him"—he then said, "I was working in the churchyard in the month of June, when Saville came up to me and said, 'Jemmy, what do you think of having Taylor's coffin'—I refused to have anything to do with it, but after some persuasion I yielded to his request; and while I was digging the grave, Saville fetched the tools, and went down in the vault and opened it"—Biggs said, "Well, that, is a fair answer—it places us in a very awkward position, for the wardens think there has been some neglect of us, in respect of the keys"—I said, "What do you mean by whitewashing?"—he said, "I whitewashed the wall, for Saville was drunk under the vaults, and I had to brick it up myself."
Cross-examined. Q. I suppose the churchwardens did not like it? A. No, they told me so, and I thought that my situation was in peril—that was operating on my mind, when I went to the gaol.
MR. ROBINSON. Q. Did you do anything to induce him to confess anything which he was not guilty of? A. No.
JAMES BOYDEN . I am a bricklayer, of Cornwall-cottage, Stratford—I was employed to break open the vault in 1850—I did not finish it—I saw two coffins in the vault perfectly safe, and the lids firm on them—they were left so, and the vault was closed.
WILLIAM STRANGE . I live at 2, Holloway-court, Stratford, and am a labourer—I know Saville—on 24th August last, I was standing in my little garden in front of my house with my wife and my daughter Sarah—Saville was in his garden which is next door to me, and List is next door to him—Saville said, "What do you think I had thrown in my teeth this day, I had thrown at my teeth this day, as I stole a copper coffin out of the vault underneath Stratford church, but I know nothing about stealing of it whatever, and," pointing to List's house next door, he said, "That is the b—as stole the copper coffin out of the vault, and after he stole it he whitewashed it over; and I am the b—as sold it—but I do not care about myself, though I know I shall be transported for it, as long as I can bring List into it."
Cross-examined. Q. Did anybody wait on you to know if you remembered such a conversation? A. No—I do not know that I told it to anybody—my master, and me talked it over—I knew Gay, the policeman—he called on me to summons me to appear before the Magistrate—he did not have a little conversation with me about it, or with my wife and daughter, to the best of my knowledge—he only told me to be sure and obey the order—I had seen nobody before about it that I know of—Gay came to my house again afterwards and gave me the papers to appear here—I believe Mr. Wilson, the attorney, came to my house, but I was not at home—he saw my wife and daughter—I was twice before the Magistrate at Stratford, and three times at Ilford—I cannot say whether Saville was sober at this time—it was 9 o'clock in the evening or half-past, and I did not take any notice—I never was in his company in my life—I used to say "Good morning" to him.
MR. ROBINSON. Q. Are you intimate with him? A. No—but we always speak to one another—I believe Mr. Wilson came after Gay brought the summons.
SARAH STRANGE . I am the wife of William Strange—I was in the garden it the latter end of August, and Saville was in his—he said, "Strange, what do you think I have had thrown in my teeth to-day?"—my husband said, "I do not know"—he said, "I have been accused of stealing a copper coffin; I am not the party that stole it, that is the b—that stole it," pointing to List's house, "and I am the b—that sold it"—I heard something about whitewashing but do not recollect what it was—he said that he knew he should be transported himself, but he did not care if he could bring List into it.
Cross-examined. Q. Was he sober? A. To the best of my knowledge—it was between 9 and 10 at night—I was close to him—I was friendly with him—my husband visits him—he goes to see him sometimes as a neighbour—I do not think he is in his company much—I do not mean that he visited him—I did not understand what you said—my husband has only been in his house when he repaired it—he repairs houses—I have had no quarrel with Saville—I have only spoken of this conversation to a woman named Stroud—that was when I was standing outside in the court—she is a neighbour of mine—I know Mr. Wilson—he has been to me about this matter—I believe I talked to him about it—I do not wish to keep from the Jury that Mr. Wilson has spoken to me about it—I cannot tell the reason why I said that I had not spoken to anybody about it—Gay has not been to our house in my presence—I have seen him here—I did not know him till I saw him here—I knew him at Ilford before the Magistrate—I said, "About this business"—he came to call for me to go to Stratford, at my house—I never saw him in my house—I was up at the top and heard him—I have not seen Mr. Wilson more than once on the subject—I gave what I had to say to him at Ilford—I never spoke to Gray at all about it.
MR. ROBINSON. Q. Was the first time you ever saw Gay when he came to take you to the court? A. The first time that I knew him—he went on forwards and I after him—I have heard that he is a lawyer—I do not remember his coming to our house—it was at Ilford that I saw him—that was after the summons had been served on me.
SARAH STRANGE , Junior. I am fourteen years old, and live with my father and mother—I was in the garden in August when Saville made a statement to my father—he said, "What do you think I have had thrown in my teeth to-day?"—my father said, "I do not know"—he said, "About stealing a copper coffin, but I did not steal it—that is the b—that stole it, and whitewashed it over, and I am the b—that sold it"—I then went indoors.
Cross-examined. Q. At what time of night was this? A. About half-past 9—he appeared quite sober—it was moonlight—I did not think much of this—there were two or three words about a fence, between my father and Mr. Saville, but not hardly worth mentioning—Saville did not do the fence exactly to please father—it was done for Mr. Barber—they were not very angry words and they were not very pleasant, and Saville did not like it—some one came to my house to bring the summons, and Mr. Wilson came, and Mr. Biggs the parish clerk, who is a cutler—he came twice—we go to chapel—Biggs had nothing in the church line to come to us for—when he came the first time, my father was not there—my mother was there the second time—Mr. Wilson followed him on both occasions—it was about this job—either Biggs or Wilson asked me if I had heard the conversation—Mr. Wilson asked me what I knew about this job, and I told him—on the second occasion I told them all I knew again—they came to see my mother—I was present when my mother gave her statement—I saw Gay when he brought the summons.
MR. ROBINSON. Q. Did they see your mother? A. She was not at home, and then Mr. Biggs came again and she was at home—she saw Mr. Wilson when she came home—that was, I think, before the summons was served—Mr. Wilson and Mr. Biggs asked me what I knew about it, and I told them what I have told to-day.
JOHN BRAY . I am a labourer of 1, Channelsea-street, Deptford—I recollect Saville coming to my house in July or August—I then lived in Channelsea-court—there was a disturbance with the neighbours and my wife, and Saville came down and abused my wife shamefully—I did not like that, and said to Saville, "Do you know anything about the copper coffin under Stratford-church?"—I had heard certain matters respecting the coffin—Saville said, "Yes, you b—, it is all melted down long ago"—I then went indoors, and that is all I heard.
Cross-examined. Q. I believe you have had a quarrel with Saville? A. No—I know Mrs. Gidney—my wife and Mrs. Gidney had a quarrel—they are opposite neighbours—my wife was not pulling Mrs. Gidney's hair out of her head on the ground at my wharf, not in my presence—I do not recollect Saville coming to the assistance—he came up while she was there—I work for Mr. Volckman of Stratford—Saville said something unpleasant to me about his employment, and I retorted on him—Mr. Wilson found me out to give evidence—he is a solicitor at West Ham—nobody came with him the first time—he was with me two or three times; twice at my house, and the third time Mr. Biggs came with him to Volckman's—I gave Mr. Wilson the information I have given you to-day, the first time ho called on me, and he took it down—it was 9 o'clock at night the second time, and I was in bed—I got out of bed and came down stairs, and he wanted to see my wife—she was in bed, and I would not let him see her—I had no conversation with him—he went away—I saw him afterwards at Ilford.
SARAH BRAY . I am the wife of John Bray—about two months ago I saw Saville at my door—he abused me, my husband, and my boy, and I asked him if he knew anything about a copper coffin under Stratford church—he said, "Yes; that is melted down six years ago"—and he wanted my husband to come out and fight—my husband went into the house, and I remained outside—ho then said, "My b—hands stank for a week after that, but they do not stink now: come out and fight"—he was a little in liquor.
Cross-examined. Q. Have you seen Gay on this subject? A. No, only when he brought the papers—he spoke to Gay about his hands, and I told Gay what ho said—I was at home on the night Mr. Wilson came and wanted to see me—I did not see him afterwards, only at Ilford—Saville was very drunk.
MR. ROBINSON to GEORGE LEGG. A. I believe you did not interfere in this matter until the prisoners were committed? A. Not at all—the prosecution was conducted by the church wardens—Mr. Wilson appeared for them as soon as they were committed—the church wardens turned over the prosecution to me—I employed Mr. Jupp, a solicitor, and he employed Messrs. Humphreys, Son and Morgan.
SAVILLE— GUILTY .
He was further charged with having been before convicted.
WILLIAM HOCTON (Policeman, K 273). I produce a certificate—(Read; "William Saville, Convicted April, 1845, of stealing 60 yards of calico, having been before convicted; Confined six Months")—I was present—he is the person.
GUILTY.**— Confined Eighteen Months.
MR. ATKINSON conducted the Prosecution.
ISAAC GAY (Policeman, K 54). On 6th October I was on duty in High-street, Stratford, about a quarter to 8 o'clock, and saw the prisoner come out of the Bird-in-Hand with a small bundle—I said, "What have you got there, Dan?"—he said, "A bit of stuff"—I said, "Where did you get it?"—he said, "I picked it up in Forest-lane last evening"—I said, "I know where it came from; I shall take you into custody"—we proceeded a short distance and he said, "What good is a case like this to you; would not a crown be better in your jacket?"—I said, "I do not do business like that;" and took him to the station—I took this 19 3/4 lbs. of gutter-lead from him in this wrapper (produced).
Cross-examined by MR. LAXTON. A. Was he coming along the main road? A. Yes—I knew him well before.
WILLIAM BUNN . I am gardener to Charles Ruhan Dane, of Forest-house, in the parish of West Ham—I live at Forest-gate—in consequence of information, I looked at the roof of the stable on 5th October, and missed twenty-eight feet of lead from the gutter—I was present when some lead was compared with the place, and it corresponded in every way—it had my name on it.
Cross-examined. Q. After it was stolen? A. Yes; I scratched it with my knife when the prisoner brought it back; about one hundredweight is gone—I had not seen it safe for six months—the wet came in the night before, but the weather before that had been very dry.
GUILTY .—He was further charged with having been before convicted of felony.
THOMAS ADDINGTON . I produce a certificate—(Read: "Chelmsford Quarter Session; Daniel Gilson, Convicted, June, 1854, of stealing live fowls; Confined Three Months")—I heard him tried—the prisoner is the person.
GUILTY.— Confined Eighteen Month .
Before Mr. Recorder.
ABRAHAM PERREN . I live at Burling-street, Blackheath-hill, and let out horses—on 9th September I turned a chestnut cob out to grass, about 7 o'clock in the evening—the following rooming about 6 o'clock it was missing—the other horses were there, but that was gone—I saw it again on 24th September—it was shown to me at a public-house called the Post-boys—I have had it returned to me—I know the prisoner; he was employed in my neighbourhood—he never had any authority to take my horses.
THOMAS FRANCIS . I live at the Horse-and-Groom, Stamford, and am a dealer—the prisoner came to my place about 12th or 13th September, and offered a horse for sale—he asked me 5l. for it—I told him I would not have anything to do with it—he told me he had bought it at Smithfield, for 3l. 10s., two years ago—I have seen the cob that has been restored to the last witness—it is the one the prisoner offered me for sale—he came twice to me about it, and I refused to have anything to do with it.
12th September, I was on duty at the Horse-and-Groom—the landlord pointed out a cob there in a stable—I went to the prisoner, and saw him on the turnpike-road—he walked into a wood, and I went after him—I said to him—"Have you got a horse at the Groom?"—he said, "Yes, I have"—I said, "I believe you have stolen that horse"—he said, "I bought the horse, and paid for it"—he said, "I have got two carts and a donkey besides"—Mr. Perren came and owned the horse, and I gave it up to him.
Prisoner. Q. You said, that I walked into the wood, and you walked alter me: will you swear to that? A. Yes.
Prisoners Defence. I have but a very little to say. I am quite aware that it is a very capital offence, but at the same time I am perfectly innocent of stealing the horse. I had been hopping; I came up to Wrotham; I saw a horse feeding, and I got in conversation with the man that was with it. I sat down, as I was tired, and he told me that he had come to Wrotham to make a sale of his horse. I said, "Who do you propose to sell the horse to?" and he said, "Any one that would give money enough for him." I asked him at the same time for a bit of tobacco; he said he had none, but he would treat me to a pint of beer if I would go with him. I dare say there were a thousand people on the road going hopping. We had three pints of beer, and while we were having it the pony; it was only a pony, turned round and went up the hill, and got put in pound. The man requested me to go and inquire how much the money would be to release it; I went and asked. I said I was authorised to see if the pony was in pound; the stableman said there was one, and he should have 2s. before he let it go. I went back to Wrotham, and told the man what the ostler said: I stopped in the town till he requested me to go a second time about the horse. I did not altogether like the job: I said, "Why do you not go yourself?" he said, "I have been walking a great deal and don't feel altogether very well; you can tell him my name; my name is George Simmons." I went a second time, and told the ostler just what I had been told to say, and that the man had not got the money to release it out of pound. After that I left the man at Wrotham and went about my own business; I went hopping. About a fortnight afterwards I went back to Wrotham; I knew nothing about the horse then: the policeman came to me and said he should take me on suspicion of having stolen the horse. I am positive I never saw the horse before in my life till I saw it at Wrotham. I have no more to say; I can assure you I am perfectly innocent of stealing the horse; had I known it was Mr. Perren's horse, I would have got it detained myself.
JURY to THOMAS FRANCIS. Q. Are you quite sure that the prisoner is the man who offered you the horse for sale? A. Quite sure.
JURY to ABRAHAM PERREN. Q. Did you see the man in Greenwich before you lost the horse at all? A. I did not see him myself.
JURY to WILLIAM BARLING. Q. What did he tell you with respect to the horse? A. He said it was his, that he had bought it and paid for it.
GUILTY .—The Prisoner was further charged with having been before convicted, to which he
PLEADED GUILTY.— Confined Eighteen Months.
MR. LANGFORD conducted the Prosecution.
THOMAS INGRAM . I live at Lee, in Kent—I am a farmer's man—on Sunday, 17th October, between 1 and 2 in the morning, I was in Albert-street, Deptford—while I was walking along I overtook two men; the prisoner is one of them—the one that is not in custody asked me the time: I pulled out my watch to tell them, and he snatched it from me and passed it from his hand to the prisoner's—I saw the watch in the prisoner's hand—I said to the prisoner, "You have got the watch;" he said, "No, I have not; you can feel if you like"—he let me feel the outside of his trousers' pocket; I felt the watch—I said, "You have got the watch"—he then passed it back to the one that is not in custody—he stepped up to me and caught me by the throat, and the other ran away—the prisoner said, "I will give you a punch on the head if you do not let my brother go"—he put his fingers in between my shirt collar and my neck—I cried, "Policeman"—after that the policeman came up—I was sober—I knew nothing of the prisoner before.
ROBERT SNELL (Policeman, R 132). On Sunday, 17th October, between 1 and 2 o'clock in the morning, I was on duty in Dock-street, Deptford—I did not go into Albert-street—the prisoner was followed into Dock-street—I heard the cry of "Police," and went up and saw the prosecutor holding the prisoner, and he said he should give him in charge as he had lost his watch—the other one had taken his watch—the prisoner caught hold of him by the collar and said he would punch him if he said a word—I asked the prisoner what he had to say—he said, "I have not got the watch, it is my mate"—that was all he said—he was quite sober.
Prisoner's Defence. I never said "mate"—it was a man had got the watch and run away—he had just gone when the policeman came up to us—I had just got in for a winter's work—I was working at the new docks at Rotherhithe. The Prisoner received a good character.
GUILTY.—Recommended to mercy.— Confined Two Months.
1006. ELLEN NEWSON (19) and SARAH NEWSON (42) , Stealing 1 gold chain, 2 lockets, 2 seals, and other articles, value 12l., the property of John Stone, in the dwelling-house of George Tritton; to which
ELLEN NEWSON PLEADED GUILTY .*— Confined Nine Months.
JOHN STONE . In May last I was on a visit to a friend of the name of Tritton, who lives at Amersham Park—on returning home I missed a box of jewellery containing twelve articles—Ellen Newson was a servant at my friend's house—I returned to my friend's house four months afterwards—I found she had left—in consequence of some information I went to her house with two policemen—that is about 300 yards from where Mr. Tritton resides; it is called Kent-terrace—I found her there—the policemen searched her box in my presence—there was found in it a gold chain and two lockets, and a cornelian cross with part of the gold top missing—she was taken to the station—whilst I was at the station some other things were brought, which I identified.
THOMAS HORSEBEERY (Policeman, R 370). I went with the last witness to Ellen Newson—in consequence of something that had been said I afterwards went to the house of the mother, Sarah Newson—I saw the mother there—I asked her if she had a daughter living at Kent-terrace—she said she had not—I said, "Are you sure?"—she said she had a daughter living somewhere in Deptford, but she did not know where—I said, "Have you
seen her lately?"—she said, "I think I saw her last Thursday, when she had a holiday"—I said, "Did she ever bring any jewellery here?" she said "No"—I said, "Are you sure of that?"—she said, "Yes,"—I then read a list of the articles missing—she said she did not know, she would see whether she had got one or two—she looked under the bed, and produced a gold eye-glass and a gold watch-hook—I asked if that was all, and she said that was all she had—I told her her daughter had said that she had pawned them, and I said, "Where are the tickets?"—she said her daughter was a false girl—after being pressed very hard she produced two pawn tickets; one was for a ring—I asked if she had any more; she said, "No"—afterwards, upon being pressed, she produced seventeen more tickets; one of them was for a ring—I looked over the bundle of rags from which she had produced the tickets, and I found the top of a cornelian cross, which I produce.
JOHN BENHAM (Policeman, R 375). I accompanied the last witness—after Sarah Newson had produced the two tickets she was asked if she had any more, and she said she had no more—I commenced to search the bed, and on turning the bed off, I found two gold seals and a gold ring in the bundle of rags where she took the gold eye glass from—she said when I found them that she did not know they were there.
Sarah Newson. I gave you all I had when you came first.
SARAH NEWSON— NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
HENRY RUDD . I am a clerk at the War-office at Plumstead, in Kent—I have a daughter between 14 and 15 years of age, named Emma Rudd—I know the prisoner—she came into my service about the middle of August last—I received her as a temporary servant from Greenwich Union—she was missed on 1st October, soon after I left for London—when I came back she was away—my daughter had returned home—I know my wife kept her money in one of the two upper drawers of a chest of mahogany drawers—I know when so many bank notes were safe—I never saw them in the drawer—I gave them to my wife, and she placed them in the drawer—I know she kept money in that drawer—Janette Henderson had a bunch of keys on which the key of that drawer was, on that morning—I saw the bunch of keys sent to her—I did not see it in her hand at all—I think I could identify the bank-notes that are supposed to have been stolen—I have not marked them—I think I know the numbers—there were seven notes with consecutive numbers, but one was lost—the other six belonged to that set of numbers.
EMMA RUDD . I am the daughter of the last witness—Janette Henderson came to live with my father in the middle of August—on Tuesday, 28th September, I went up to turn the bed down with Janette Henderson, and she pointed to the top drawer where mamma kept her money—she said, "Do you know what your mamma keeps in there?" and I said, "She keeps the money and the plate in there"—she asked me the next one, and I said, "That is where mamma keeps her trinkets and handkerchiefs, and all her little things"—she asked me the next one, and I could not tell her—she
asked me the next one, and I said, that was where the babies clothes were—the next two she asked me, and I could not tell her—she said, "Em, what say you if we go to Scotland?"—I said, "What do you mean by going to Scotland?"—she said, "Me and you"—I said, "I am sure I won't go:" and I said, "We should have no clothes to wear if we were to go"—she said, "I will tell you the way to do it; I will dress in one of your mamma's morning dresses, and you must put on all the dresses you can, and one of my long ones over them, and nobody will know we are daughter and servant"—I said, "I will tell mamma when I see her"—she said, "Don't tell your mamma, and I will give you sixpence when I get my wages"—she did not say how she would go to Scotland—I did not tell my mamma; I forgot all about it—I did not think she meant it—on 1st October, before breakfast, mamma gave me the keys to get some things out for breakfast, and I was mixing some mustard—while I was doing so, Maria took the keys and she locked up the mustard in the cupboard, and took the keys away—I was sent to get the keys from her, and I met her at the bottom of the bedroom stairs—we called the prisoner Maria—she then gave them up to me out of a pocket which she had on—I went and got my breakfast, and took the keys back to mamma—after I had had my breakfast I came out, and the prisoner asked we to put my boots on and get her a pennyworth of apples—I put my boots on, and she gave me the penny—mamma was out in the yard, and the prisoner saw me going to ask mamma if I should go—she said, "You need not ask your mamma, I have got to go with some mangling, I will go with you"—she went out with me—when she got to the mangling place, she said, "Let us have a run while we have got the chance," and then she told me that if I would go with her, she would buy me some new clothes, and she would go to Gravesend, and from there to Margate, and would get a ring on her finger, and another little girl with her, and pass for married—I consented to go, and she went up Woolwich-common, and Shooter's-hill, and she gave me two threepenny bits and a half-crown, and told me to get two pounds of picnics, and if they were 3d. a pound, I was to give the two threepenny pieces; and if they were 4d. a pound, I was to change the half-crown—they were 4d. a pound, and I changed the half-crown, and gave the picnics and the money back to her—she said she had got 7s. 6d. which she had from the porter at the union—we went through Greenwich-park, and she bought some things which she paid for herself—she went to the station at Greenwich, and asked whether the trains went from there to Gravesend—they told her that they went from New Cross—we went to New Cross, and one train had just gone, and there was not another for some time—she went into a public-house, and when she came out I saw a sovereign in her hand, and I said, "Maria, you are richer than I thought you to be"—we then went into a haberdasher's shop to buy Rome stockings for her—while she was there in the shop she gave me something rolled up in paper and a purse to hold—she had got some more papers in her pocket—I was sitting with my back to the door, and she was sitting face to the door, so that she could see the officer come in—she then turned pale, and passed me all she had got, and did not know what to do—the policeman asked her whether she had taken the money, and she said she had, and was sorry for it—it was the bank notes she gave me to hold, but I never knew she had any bank notes—she told me she would go to Margate and get a ring, and another little girl, and pass for married—she said she would take the child down to Scotland, and that she had got an aunt there, who
had furnished two rooms beautifully for her—it was not a minute before the officer came in that she gave me the parcel—she sat with her face to the door, and I was with my back to the door.
Prisoner. Q. Did not you give me the keys? A. No, you took them off the table, and locked up the mustard that I was mixing up—the bell was not ringing for prayers, nor was I scolded for being late at prayers—my father did not say, "Why the d—I do you not come in time?"—he never uses such language—there was one lot of mangling on the horse, but you said there was some more to go—I am positive I went up that night to turn the bed down with you—I was turned out of school for taking a purse that did not belong to me, but that is not a reason that I should take this money.
JOHN NEWELL (Policeman, R 59). On 1st October, I went to Lewisham, from there to Greenwich, and from there to New Cross, and got there about half-past 11—I saw the Last witness and the prisoner there—I followed them there from Greenwich, where I first observed them—I had received information that something had been taken from Mrs. Rudd's—I noticed them go from shop to shop, and I finally came up to them in the Greenwich-road—I watched them to New Cross—I saw them both go into a small haberdasher's shop—they were in there some time—I was standing at the door—I heard some gold go on the counter and went in—I picked up the sovereign, and put the things back on the counter, that had been purchased, and I then said to the little girl, "Is not your name Rudd, dear?"—she said, "Yes."—I said, "Do not you come from Plumstead?"—she said, "Yes"—I said to the servant, "Where is the money you have taken away?"—she pointed to the last witness and said, "You have it"—I then received a purse from the last witness, containing four sovereigns and one half-crown (produced)—I then said to the servant, "Where are the bank notes?"—she pointed to the little girl, and said she had them—I then received the bank notes—I then told her that she would have to go with me, and that I was a police-officer—she came out of the shop, and I then said to her, "How is it that you came to take this child away from her home?"—she said that she had complained of her home, and as she was going to Scotland she thought there was no harm in taking her—I then said, "What have you to say about taking the money?"—she said, "I only had 7s. 6d. and that was not sufficient to take us both to Scotland, and that is the reason I took it, and I am sorry for it"—I then took her to Woolwich Police-station—I took the little girl home, and detained the prisoner—I produce the notes, four sovereigns, a half-crown and a purse—the prisoner said that was her own purse.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
HENRY JOHN HOWES . I am a linendraper in High-street, Deptford—on Sunday night, 12th September, I was disturbed by a noise between half-past 11 and a quarter to 12; a noise as though the whole of the shutters of one side of my front were falling down—I immediately got up
and went to the window, but through the awning being erected I could see nobody—I was having some repairs done—I immediately partially dressed and went down to the shop, where I found that some prints had been moved out of my window, and that the whole of the shutters had been forcibly taken down from the outside—I found Mr. Stratton there—there were more than four pieces of common prints that had been stolen—I believe the glass was partially broken before, but the hole was made much larger—I had seen the prints safe on Saturday night when I closed—they were in a very high pile.
COURT. Q. Was something cut away? A. Yes, I expect one shutter had been levered out, and through that the whole of the lot fell down—the glass was not in such a state that any one could have put their hand in before—on the following Tuesday morning the constable came to me and I went to the station-house and identified the cotton prints as being my property (produced)—the value of that piece would be about 13s. 6d.
GEORGE EDWARD STRATTON . I keep the Red-cow public-house in High-street, Deptford—that is directly facing Mr. Howes, the last witness—on Sunday night, 12th September about half-past 11, my attention was attracted by a noise as though a shutter was falling—I looked out of the window, and saw Mr. Howes' shutters had fallen—there were two or three men, I could not say how many—I immediately afterwards heard some glass broken, and saw two men emerge carrying bundles under their arms—I could not see their faces—they were about the size and dress of the prisoners.
Brady. Q. Are there no more men like us in Deptford? A. Oh yes, plenty—I was quite twenty or thirty yards from the shop—it is not very light at that time, but there is a lamp there.
JAMES ISAAC CHEESEMAN (Policeman, R 168). I had seen the prisoners about before this event took place—I saw them on Sunday night, 12th September, come out of a public-house about 11 o'clock—they got hustling together in the road—I ordered them off—about four or five minutes afterwards they went away towards Wellington-street, Deptford—about eight minutes after that, I went towards Wellington-street, Deptford, and saw the two prisoners come out of an oyster shop and come towards Mr. Howes' premises—Mr. Stratton asked me if I heard some shutters drop—it was about twenty-five minutes after 11 when I last saw the prisoners, before I saw Mr. Stratton—they were then T should say not eighty yards from the prosecutor's premises—I found that at Mr. Howes' premises the shutters had been forced, and I found that a great quantity of print had been taken away—in consequence of some information, on Tuesday morning between 1 and 2 I went to the house where Mr. Lane lodged—he gave me this print—in consequence of what Lane told me, I took the prisoner Robinson into custody at a little after 3 in the morning of Tuesday—I said I wanted him for stealing a quantity of print from Mr. Howes' premises—he said he knew nothing of it—after that I took Brady abont 6 o'clock in the morning—I said I wanted him for being concerned with Robinson in stealing the print—Lane was taken into custody and charged with being a receiver—they were sober.
Brady. Q. Were we sober on the night in question? A. You were—you were quarrelling, but you were sober—you were not turned out of the public-house, you came out—you could have taken another direction to your own home after you came out of the oyster shop—you could have turned down New-street.
COURT. Q. Is the nearest way from the oyster shop to his own house that by the prosecutor's house? A. No, I should have turned down the rope-walk—I should not have been going out of my way—that would be the back way—there is not much difference—if they had gone down the rope-walk they must have come in the direction of the prosecutor's shop.
ESTHER HILL . I live at 20, Old King-street, and am a widow—the prisoner Robinson sleeps there—his sister has two rooms in my house—he was not at home on Sunday night, 12th September—I shut up my house about half-past 10 that Sunday night—I called up the stairs to see whether he was in—between 5 and 6 the next morning I heard some one come in and go down the passage—I looked out of my window and saw it was him, and I said, "You have not been in all night," and he said "No"—in the course of the same morning, Brady came to my house between 10 and 11 o'clock I should think—he came down the steps into the passage—I asked him who he was, and he said he wanted Robinson—I said I did not know whether he was in—he said, "All right, missus," and he went away—after that, Robinson brought a sack down three parts full of something, and gave it to him and he went away—he was in the habit of using sacks.
Robinson. Q. Did Brady say he wanted Jack's sacks? A. No.
Brady. Q. When I came to your house did you not ask me what my business was? Q. Yes, I did—you did not say Robinson had sent you after the sacks; you said you wanted Robinson, and I would not allow you to go up my stairs—he brought the sacks down and gave them to you, and you went down King-street—it is not the first time I have seen Robinson bring sacks into the house—it is the first time I have seen you.
COURT. Q. Was the sack empty? A. I could only see one, and that had something in it—it was not corn or sawdust—it was too bulky.
ROBERT LANE . I live at French-fields, Deptford, and am a costermonger—on Monday, 13th September, I saw the two prisoners at Deptford between 12 and 2—Robinson asked me to stand some beer—I did so—Brady said to me, "Stop here a little while, I am going to get 4s."—he was gone a good bit, and I said to Robinson, "This is some game of yours; you have no 4s. to get"—he said, "Let the basket be here, and I will go and fetch him "—he was gone about half an hour and never came back, so I went away—about two hours after this Robinson came to me—I was very tipsy—he said, "I have got something to sell you"—they pulled the sack out and I bought it—it was this print—Brady produced it—I do not know how much I bought it for—I was very drunk at the time—it might be 8s. or 10s., I cannot say which—afterwards we went to the public-house and got falling out with some watermen—they left me—I came home—the policeman came and asked me whether I had got any print—I said "Yes"—he asked me where I got it from, and I told him.
Robinsons Defence. At 10 o'clock in the morning I had a red herring—I asked the last witness to give me a drop of beer, and he said "Yes"—I said, "I have not got any money now, I have got to get 4s., will you stop here?"—he said, "Yes"—I was about an hour going, I had a mile and a half to go.
Brady to ROBERT LANE. Q. You said you met us both together? A. Yes, I was not in New-street offering some print to some women for sale, and saying I would dress them out at 2d. a yard—the officer told me so at the police-court—it was impossible for any one to see me buy the print—I do not know what I gave for it—I have not once been convicted here for uttering base coin.
COURT to ESTHER HILL. Q. You saw this sack taken out—had you seen Robinson bring anything in with him? A. No, I was not up when he came in in the morning—I heard him come in.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
WILLIAM KEEN . I am a boot-maker, of Artillery-place, Woolwich, and am shopman to Mr. Phillips there, who makes for the companies and detachments of the Royal Artillery. On 17th September, the prisoner came to the shop with this order (Read:"Woolwich, 17th September, 1858. Messrs. Phillips, please to give gunner E. M. Manning, a pair of boots. 12th Battalion, Royal Artillery. H. Collins, Pay sergeant.") I knew Collins to be the pay-sergeant, and, believing it to be a genuine document, I let him have the boots—they were worth 19s.—these are them (produced); I could swear to them from a thousand—I did not know him previously—I saw him again a week or ten days after—I went before his Colonel, and pointed him out from several others all dressed alike.
HENRY COLLINS . I am pay-sergeant of the 7th company of the 12th battalion of the Royal Artillery at Woolwich—the prisoner was one of my company—I did not give him any order to obtain boots in my name—the paper is not my writing, or written by my authority—I have seen the prisoner write, but cannot say whether this is his writing.
JOHN NEWALL (Police-sergeant, R). On 29th September, the prisoner was brought to the station, and I told him the charge—he said that he had not done anything of the kind, and did not know anything about it.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
AUGUSTUS NORTH . I am a brewer, of Cardiff. In July last, I was in London, and on the 30th, I went to Woolwich—a gentleman addressed me on board the boat—some conversation took place, and when I got on shore at Woolwich he asked me to go and have a glass of ale with him before we parted—after some persuasion, I went with him to Mr. Murray's, the Gun Hotel, into a room upstairs, in which there was nobody else—I had one glass of ale, and after I had drank it, the prisoner came in alone, and after that, another man came in and introduced a ring for sale to the whole three—no one would buy it, and he immediately introduced three cards—the prisoner and the one who was in the bout with me got betting, and wanted me to bet—I said no, as I had left my purse in London—they got from 5l. to 10l.—I saw which was the black card when he laid it down, and saw some money and a 10l. note pass between them—I said, "I know which is the card"—they said, "Why do not you bet if you know the card?" both the prisoner and the man who was in the bout—I said, "I have no money"—they said, "You have got a watch and chain," and I took my watch and chain off and laid them on the table—while I was doing that, I lost sight of the cards which were lying on the table all the time—after I had put my watch and
chain down, I turned up the card, and it happened to be the wrong one—I was completely overcome, and did not know what to do, and the person who was in the boat with me saw that I was in distress of mind, and said that it would be doing him and me a great favour if the prisoner would take 10l. for the watch and chain—the prisoner said, "If you will call on me at High-street, Paddington, and bring me 2l., you can remit me the 8l. when you get home—I immediately went to my uncle's, and from there to the Arsenal, but was not able to find him—I immediately left Woolwich for London, went to Paddington, but could not find any High-street there; I inquired at a great many shops—I saw nothing of the prisoner till I was called to Woolwich at the latter end of August—he was then in custody, and my watch was shown to me in court in the prisoner's presence by an officer—this is it; it is worth 15l., and the chain about 3l. 10s.
Cross-examined by MR. METCALFE. Q. Did you not give an I O U for the 10l.? A. Yes; this is it (produced)—my watch was already staked and lost, and taken up by the party who had the cards—the 10l. was not given to me, but to the man who had the watch—instead of the man who had the cards keeping my watch, the prisoner kept it; that is all he had to do with it—this is the chain (produced)—it was to be kept, and if I paid the money, I was to have the watch back—if I had happened to turn up the black card instead of the red, I should have put the watch into my pocket, and the 10l. also.
The COURT considered that there was no proof of any unfairness.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
THOMAS HATWOOD . I live at Leicester, and am engineer on board one of Her Majesty's vessels at Portsmouth. On 20th August, I took a steam-boat from Westminster to Woolwich—a stranger addressed me; I had some conversation with him—when we arrived at Woolwich, I went with him, at his suggestion; to the Pier tavern—we went upstairs and had a glass of ale—after we had been there some time, the prisoner came in, and another person with him—the man that I met went down—the man that came with the prisoner left altogether, and then another came up with some rings—the prisoner said that he did not mind purchasing a ring, and would give him 6d. for it—he said that he could not take so little, and introduced some cards; the prisoner said that he did not mind having a cut at the cards—cutting then went on, and the prisoner was betting for a ring—three cards were then taken out of the pack, and the prisoner and the other man began to bet—both the prisoner and the one I met on the steam-boat asked me to bet, and I did for a game or two: the person I met on the steam-boat pressed me to take his halves, but I never had a chance of winning—the prisoner pressed me to bet with him, and I did—5s. was the first, then 1l., 1l. 10s. up to 5l.—I lost 15l.—I never won at all—when I had lost the 15l., I said, "I shall go down and fetch a policeman"—he said, "I will go down ith you and look for one;" he did so—we went towards the pier—I could not see a policeman at first—I looked to the left, and then saw one, and the prisoner saw him too, and said, "I will go this way," and ran away—I told the policeman, and saw him apprehend him—I was present when he was searched: a watch and a lock were taken from him, and 2l. odd in money, and two or three other articles—I went back to the public-house, and the others were gone—I had only been away about five minutes.
Cross-examined by MR. METCALFE. Q. If you had won, should you have
pocketed the money? A. Yes, if I had had a chance—three cards were placed on the table, two red and one black, and I bet that I would turn up the black one; instead of which I turned up a red one—I think the black card had vanished before it was put on the table—the prisoner tried to run away.
MR. RIBTON. Q. Are you able to say where the rest of the pack of cards were? A. In his pocket—I never saw them again—I saw the cards were not turned up on the table after the one card was turned up—I bet seven or eight times.
WILLIAM WILKINSON (Policeman, R 237). On 26th August, I was on duty in High-street, Woolwich—the prosecutor spoke to me, and I pursued the prisoner by description, and captured him in Beresford-street—he was running—I asked him if he had been playing at cards with some others, at the Pier hotel—he said, "No"—I brought him back to the prosecutor—I searched him at the station, and found on him a gold watch, two sovereigns, three shillings, and 4 1/2 d. in copper—he refused his address.
GUILTY of Conspiracy.— Confined Twelve Months.
Before Mr. Common Serejant.
MR. THOMPSON conducted the Prosecution.
HENRY BRADDON . I live at 4, John Baily's-court, Deptford, and am a labourer. On 21st September I was at the Lord Nelson public-house, Deptford, from 12 o'clock till 4—the prisoner and two other sailors were sitting there drinking; they quarrelled, and I was asked by the landlord to interfere, and keep them quiet—they were going to fight, and I tried to persuade the prisoner to put on his jacket and not fight with them—he put on his jacket and came in again; they began again, and I saw a knife nourishing about—I took it from them and threw it over the bar; I cannot say in whose hand it was—I had no sooner done that than the prisoner struck me in the face, and several blows were exchanged between us—after that he ran outside the door, and coming to the side door, said, "Make way, I will settle him"—I was standing with my handkerchief wiping the blood off one of the other men's faces, and the prisoner struck me in the back with one hand, and on the head with the other—I turned round and saw him with a knife in his hand making another blow at me, I warded it off with my arm, and it just touched my chin—he attempted to jump over the bar, but I caught his legs and prevented him—he then shut the knife up, and in doing so cut his hand—he then ran outside into the skittle ground where there is a stair-case—I followed him there, and said that I was stabbed; I felt blood running down my back and legs—the prisoner came back again and said, "They cannot hurt me, I have got no knife about me"—he was given in custody—he was not sober—I am not under the doctor's care now, I left him a fortnight ago.
Cross-examined by MR. LAXTON. Q. Did you know these American sailors before? A. No—I did not know the prisoner—I was talking to the landlord, and having a glass of ale—I have worked in the Dock-yard for the last ten years—we were not all drinking together, I only had a glass of ale with them, and some gin and cloves—the quarrel was about upsetting a
pot of beer, and one of the sailors struck the other—one of them was a Dutchman, who took out a knife and flourished it, but I did not hear him say that he would stab anybody—I took it from between them—the prisoner was standing outside the door when the row began; he did not come in to keep the peace; he wanted to fight the other one—I did not see the others set on him or pitch into him—I did not see him knocked down—I struck him, and I very likely may have knocked him down, as he struck me and I struck him again; I did not kick at him when he was down—he was not very drunk, but he was in liquor—I was quite sober—the other sailors have gone to Gravesend to meet their ship—the prisoner is a sailor—I saw him cut his hand in closing the knife.
JAMES KIDMAN . I keep the Lord Nelson public-house. On 21st September, in the afternoon, I was in my bar when the prisoner and the other sailors were there—I asked Braddon to interfere and keep them quiet—I saw him and the prisoner have some blows together, after which the prisoner came in and said, "I shall settle you now"—Braddon said, "I am stabbed"—I said, "You do not mean that?"—he said, "Yes, I feel the blood running down my legs"—I did not see the prisoner stab him, but saw them exchange blows, and saw the prisoner shut a knife—he then wanted to jump over my bar; I shoved him back, and he pulled the gas partly down and went down the passage which leads to the skittle-ground.
Cross-examined. Q. Does Braddon come in there very often? A. He does not drink very much, he comes in sometimes of an evening and has a pint and a pipe; he was there when the others came—the prisoner was a little in liquor, but quite capable of knowing what he was about—he did not go out to get a policeman to my knowledge, he went out after the fight began—he did not try to separate them, he wanted to quarrel with a man in a red shirt because he struck his shipmate.
PATRICK FOWLER (Policeman, R 251). On 21st September I was called to the Lord Nelson, and took the prisoner—on the way to the station he said, "I did not stab him"—his hand was bleeding—I searched the skittle-ground and found this knife (produced) shut as it is now; here is blood on it.
Cross-examined. Q. Is it an ordinary knife for a sailor to carry? A. Yes.
JONATHAN CREGEEN . I am a surgeon, living with Dr. Downing at Deptford—I was called to the prosecutor between 6 and 7 o'clock—I examined his back, and found a small punctured wound on the lower part of it, about six-eighths of an inch deep—his trousers and shirt had been cut through—I did not apprehend much danger from it—it was such a wound as this knife would produce.
The prisoner received a good character.— GUILTY of Unlawfully Wounding.—Recommended to mercy by the Prosecutor and Jury.— Confined Nine Months.
PLEADED GUILTY .**— Ten Years Penal Servitude .
MESSRS. BODKIN and CLERK conducted the Prosecution.
EDWARD FIELD BARBER . I keep the Dover Castle in Deptford Broadway. On Monday evening, 20th September, the two prisoners came into my house; Duff asked for a pint of porter, and he tendered me a half-crown—he
put it down very gently—I found it was bad—I put it in the detector and broke a piece out of it—I told him it was bad, and asked where he got it—he said from Mr. Humphreys, a wood merchant—I asked him if he had got any more money—he said, "No, neither good nor bad"—Cork then paid me with a good shilling, and I gave Duff the half-crown—they left, and the officer came in—I went to the station with him and found the two prisoners in custody—I saw the half-crown, and identified it; this is it; it is the half-crown I had broken and returned to Duff.
ALFRED JOHN CROUCH (Policeman, R 92). On Monday-evening, 20th September, I saw the two prisoners leave the house of the last witness—I followed them through the Broadway into Charles-street—I there saw Duff go to the gate of a shed and unbutton his trousers—I went and asked him where he came from—he said from Bethnal-green—I then asked Cork, and he said from Bethnal-green—I said to Duff, "Where is that half-crown, and where did you get it?"—he said from Mr. Humphreys, where he worked—another constable came up and he took hold of Cork's hand, and I saw him take some money out of his hand—I then took hold of the hand of Duff and took him to the station—I said to him, "Do you mean to say you got the half-crown from Mr. Humphreys?"—he said, "No, I got it from Cork, and I gave it him back again "—while Cork was being searched, I took down his trousers, and this paper fell from between his shirt and trousers; he put his foot on it—I took it up and found in it this half-crown; I asked him about it and he said he got it from Aldershot where he had been at Work.
JAMES WESTBROOK . (Policeman, R 114). I took Cork in custody—I found this broken half-crown in his right hand—I found in his other hand 4d. in copper and sixpence in silver, good—I was present while he was being searched, and something fell against my foot in a bit of paper, which was this half-crown—on Cork was found six sixpences in good money, one shilling, and 10d. in copper.
Cork's Defence. He asked me where I got the half-crown—I said I asked Duff to let me look at it—he searched me at the station and I had the half-crown between my shirt and my trousers—he asked me if I had any more? I said "No,"—the policeman opposite me took it up, and said it was a bad half-crown; I said 1 got it from Aldershot where 1 took four half-crowns.
GUILTY .— Confined Nine Months each
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months each .
BONNER PLEADED GUILTY .— Confined Twelve Months.
MR. RIBTON conducted the Prosecution.
in Whitechapel—he was in the habit of coming to my shop—he came on 24th September—he brought nineteen firkins of butter—before he had delivered the butter I was compelled to go out—I left about 10 o'clock, and I returned about I—I then received information from my shopman, and I went to Mr. Webb's in Whitechapel—I found Mr. Webb and made a communication to him—he sent for Bonner and he said something—in consequence of that I gave him in custody and he was taken to the station—in consequence of what happened there I went with several policemen to Barnes' house in Rosemary-lane—they searched to discover the cheese, in which they did not succeed, but eventually they took Barnes in custody—he was brought to the station and confronted with Bonner—Bonner was asked "Is this the man you sold the cheese to?"—Bonner said, "Yes, that is the man; I sold it to him for 25s."—Barnes denied it at first, and he then said, "You left the cheese with me to dispose of for you; I paid you nothing for it"—Bonner said, "Yes yon did, you gave me 25s. for it"—Barnes said, "He left the cheese with me"—the police-sergeant said, "This will not do, I suppose you rolled the cheese after him?"
Cross-examined by MR. POLAND. Q. Were you present when Barnes' house was being searched? A. Yes—I did not hear Barnes say anything then—the conversation was at the station—when Bonner said, that was the man he sold the cheese to, Barnes said, "You left the cheese for me to dispose of"—the words might be, "You left the cheese at my shop"—Barnes presented the same appearance as he does now—I should say he was quite sober from his general appearance—I mentioned the conversation to many persons—I don't think I mentioned it before the Magistrate—the evidence of the policeman was very like it—I thought it was mere repetition.
JOHN SIBBETT . I am in the prosecutor's service—I recollect Bonner coming to his shop on 24th September—he brought some butter, which he took down in the cellar—he brought a sack with him and he asked the foreman for some oat husks; he took the sack in the cellar—he put a few oat husks in it—he then put a cheese in the sack—he put the other husks on the top of the cheese—I spoke to him and told him to leave it alone—he put the sack on his back and carried it into the shop—he put the sack in the van and went away.
RICHARD FLAWN (Policeman, A 424). On 24th September I was on duty in the afternoon in Whitechapel—I was fetched to Mr. Webb's shop—Mr. Blackman was there, and he gave Bonner into my custody for stealing a cheese—I took him to Leman-street station, and in consequence of what I heard there I went to Barnes—I inquired of the person in the shop if Mr. Barnes was there—she said yes, she would call him—he was called, and I asked him if he had had a cheese that morning—he said, "No"—I said, "Will you swear to that?"—he said, "Yes"—I told him he must consider himself in custody—I assisted to search the premises—we did not find anything—another constable took Barnes to the station.
Cross-examined. Q. You found plenty of cheese and bacon and butter? A. Yes; he keeps a chandler's shop—when I first went in his wife and a girl were there, and he was fetched—he appeared quite sober—I don't know whether he had had anything to drink—I went to the parlour door; he was lying down, I can't say whether he was asleep—he had not all his clothes on.
WILLIAM SAVAGE (Policeman, H 212). On 24th September I went with the last witness to Barnes' house—I saw his wife first, and after some time he came from the room—I told him the charge was for receiving a cheese—he
said, "I have not received a cheese"—I cautioned him that anything he should say might be used against him—he told the last witness he had no cheese, and he said the same to me—I assisted in searching the place, and told him he must go with me to the station—he then said that Webb's man had left a cheese there that morning for him to sell for him—I asked him where the cheese was—he said he had given it to a man whom he did not know to sell for him—he said the man took it away in a horse and cart—when he was taken to the station, Bonner said, "That is the man I sold the cheese to for 25s."—Barnes made no remark in my hearing.
Cross-examined. Q. Did he not deny that he had bought the cheese? A. No, not in my presence—I left and went into the inspectors office—he appeared to be very much confused—he came from his bed when I went into the shop—he said Webb's man had left a cheese that morning—I asked him where the cheese was, and he said a man had fetched it away in a horse and cart.
JURY to B. BLACKMAN. Q. What was the value of the cheese? A. There were only cheeses of one size—they were Cheshire cheeses and weighed about 60lbs.—they were worth from 2l. or 2l. 5s.
The prisoner was further charged with having been before convicted.
JOSIAH CHAPLIN (Policeman, H 124). I produce a certificate of the prisoner's former conviction (Read: "Central Criminal Court, May, 1841; Benjamin Barnes, convicted of receiving—Transported for Seven Yeart")—I was present—the prisoner is the person.
The prisoner received a good character since his conviction.
GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. BEST conducted the Prosecution.
JOHN ADOLPHUS GEORGE BRISTOW . I am chief clerk at Greenwich police-court—in consequence of a complaint which was made there on 1st September a summons was issued against George Dobinson for selling beer in his house before 1 o'clock on Sunday, 9th August—the hearing came on on 4th September, and George Dobinson appeared—evidence was given to support the summons, and the prisoner was called as a witness by the defendant—she was sworn on the Gospels by the usher of the court—Mr. Traill was the Magistrate—I took down in writing what she said; this is it (This was to the effect that the prisoner was in the defendant's house, standing between two doors, about 10 o'clock on the Sunday morning in question; that a man came in and asked for some beer, and said he thought there were two officers outside, but that not one drop of beer was drawn, only two bottles of ginger-beer; that one officer came, but that the other only stood at the door; that policeman 69 asked for a pennyworth of tobacco, and when he found they would not sell it he asked for a pennyworth of apples)—that was read over to her, and she made her mark.
Cross-examined by MR. HORRY. Q. Was the summons against the beershop keeper? A. No; it is a chandler's shop—I do not know whether they have any excise licence—the officers were examined first—I think it was after they were examined that the defendant said he had witnesses—I do not know whether Fuller was out of court; I should think not—I read over to her the evidence of policeman 69 at the Magistrate's suggestion, to give her warning—Mr. Traill asked her again if she adhered to her story, and she
said she did—the evidence on the depositions is precisely the evidence given to-day.
FRANCIS MARKS (Policeman, M 69). On 29th August, between 11 and 12 o'clock, I went with Edwin West to George Dobinson's shop, Lower-road, Surrey—it is a chandler's shop—we were both in plain clothes—I went in first—I had before that seen eight or nine persons go in between half-past 10 and a quarter to 11—I followed some one in, and saw five persons sitting down and four standing up—I saw the landlord Dobinson draw some beer from a cask in an earthenware jug and put it on the counter—one of the men took it up and drank from it—I then asked the landlord for a pennyworth of tobacco; he said he did not keep it—I asked him for a pennyworth of apples, which he gave me—I saw him draw some beer in another earthen-ware jug, and saw a man tender him some money, saying, "Here you are;" he took the money—I saw neither child nor woman present—I did not see the defendant there, or any family—I let my brother-officer in, and he saw part of what was going on—when I went out I called the defendant out and asked him if he knew he was doing wrong in serving beer on Sunday morning—he said that he did not think there was any harm in serving a poor man with a pot of beer—I also saw him serve a bottle of ginger-beer.
Cross-examined. Q. Did you and your fellow-constable have any other information that morning? A. No; this was the only one—there are several shops of the sort in my district—we went round to them as far as we could, by the direction of the police authorities—I was not in my uniform; that was by order—I stopped outside a quarter of an hour or twenty minutes; my fellow constable was with me all the time—we saw several persons go in, which attracted my attention—there were nine; I took an account of them—I leant against the counter and waited to be served with the apples which I had asked for—he was serving other people during that time; that might have been between five and ten minutes, and it was in the course of that time that I saw the beer drawn—I called him out, and told him privately that he was doing wrong, at his own door—I wanted the apples, because I felt thirsty—it was after I let West in that I said this to Dobinson—I saw two persons pass out of the shop—I did not hear any hair-oil asked for while I was there, or was anything of that sort served—I followed three men in—I did not see who opened the door; it was closed—it was opened from the inside—I got in by following the men; they knocked with their fingers—(George Smith was here brought in)I will not undertake to say whether I saw that man there; I will not swear to any of the nine; he may have passed me as I was standing at the door—I believe I stated at the police-court about the ginger-beer; it was not poured into a jug—the shop is not very large; from one door to the other is about ten feet—as I went in I could see a door facing me, and I will undertake to swear there was no woman at that door—nobody attended for Dobinson at the police-court—it was on the second examination, I believe, that the prisoner attended—I did not see anybody pay for the ginger-beer.
EDWIN WEST (Policeman, M 136). I accompanied Marks to Dobinson's house on this Sunday morning—he went in first—I saw four men go in first, and three or four minutes afterwards two more, and after that I went in—the shop door was opened for the first four, closed again, and opened for the three, and then Marks went in—I followed him—I saw five persons sitting down and four standing up—I was behind Marks—Dobinson said, "Come in and shut the door;" and two men left—I saw one man who sat near the casks drink out of a mug which was three parts full—I saw Dobinson
draw another jug—we called him out and asked him if he knew he was doing wrong, and told him that we were two police-constables—he said, "No, I do not think we are doing wrong in serving a man with a pot or two of beer on a Sunday morning"—the prisoner was not there—if the had been I must have seen her.
Cross-examined. Q. How long were yotr outside the door? A. Six or seven minutes—nine persons went in during that time—I went in a minute or a minute and a half after Marks—he closed the door and I remained outside—he then opened it and I went in—I may have stopped in the shop two minutes—Dobinson said, "Do not stand there; come in and shut the door"—that was not to let the police see that he was drawing beer, I suppose—I had never seen him before—I came out, leaving Marks behind—Marks said to me, "Will you have half-a-pint of beer?"—I declined the invitation and went outside—I saw nobody buying apples or eating them—I did not ask for any tobacco—I did not hear Marks do so—I do not see anybody here to-day who went into the shop—Dobinson was fined 5l. on my evidence and 2s. more—before I went in I was standing twelve or fourteen feet from the shop—the people could not have seen me as they west in—no trouble was made abont my coming in—that was the first time I had been in the shop, or that Marks had, to my knowledge—there were no children there at all—I saw nothing of the sale of any ginger-beer—the door was closed before I went in—the size of the shop is about tea feet, and a portion of it is taken up by the counter, which is in the oentre, running from the street-door to the passage—I saw beer draws—there were three barrels standing there in the passage on the right as you go in—the parlour-door is on the left and was out of my view—I saw the passage-door—I will undertake to say there was no woman at the parloar dew—Marks said to me, "Ned, will you have half-a-pint? '—I said, "No," and went outside—that was said in Dobinson'a hearing—Marks was not above a minute in the shop before he let me in—the door was not closed after I got in—I did not tell Dobinson when he came outside that we were going to hare a summons out—I knew none of the men—the case came here by Mr. Traill's direction—we were ordered by our inspector to go before the Magistrate at the police-court—that is all the account I can give yon of how this prosecution was got up—no attorney was employed in it to my knowledge.
COURT. Q. Were you and Marks examined before the Magistrate, in the prisoner's presence? A. Yes, she heard what our evidence was.
Witnesses for the Defence.
GEORGE SMITH . I am a labourer in the service of Mr. Thorns, a charcoal manufacturer at Rotherhithe—on this Sunday, I saw the two policemen outside Dobinson'sshop—they were not in uniform—I knocked at the door—it was opened I believe by Mr. Dobinson, and I was let in—I asked for a penny-worth of hair-oil—there were then other persons in the shop—I cannot say how many—I am positive there wore not nine—I did not notice any children—while I was there, Dobinson was called to the door, and one of these men said, "Do you know you are doing wrong?"—they took out a card or a pocket-book, and then I turned myself round to Mrs. Fuller and Mrs. Dobinson, and said, "There are two policemen at your door"—I did not hear Dobinson make any answer to that—I saw no beer served while I was there, or being drunk—I did not notice any barrels—there were jugs about, but I cannot say how many—Mrs. Fuller was standing in the middle doorway—there are three doors—she was visible to any one coming into the shop—they could not help seeing her, she was straight before them—if any
one went to the middle of the shop, they could not be off seeing her—I stopped there five or ten minutes, till the two men turned away, and walked down the road—I saw nothing of the men who were in there—I merely went in after an errand—I was standing and talking during the five minutes I was there—George Dobinson served me.
Cross-examined by MR. BEST. Q. Who were you talking to? A. Not to any one in particular—I knew none of the persons who were in there—I had not seen them before or since—the policemen never came in while I was there, neither of these two.
GEORGE DOBINSON . I keep a chandler's shop—it is a regular greengrocer's shop—I sell table-beer—on Sunday, 29th August, between 10 and 11 o'clock, I saw George Smith there, and served him with some hair-oil—there were not nine men in the shop at that time—there is not room for nine men to stand there—there were two men there, and three or four children came in for a farthing's-worth of sweetstuff, and as they were at the door, the officers came in, and I told them to close the door—one of the officers came partly in—I did not supply either of these two men with beer, or anybody else—I should know these two men again—they came for half an ounce of tobacco—this one asked me for it (Marks)—I said "I do not sell tobacco"—neither before that time, nor afterwards, nor before 1 o'clock that morning had I drawn two jugs of beer for anybody—I received no money for beer that morning—there is not room in the shop for nine, and these two would have made eleven—the prisoner was standing in such a position, that she could see everything, and everyone coming in could see her as plain as I see you—no one could avoid seeing her—it is only ten feet from one door to the other.
Cross-examined. Q. Were you convicted before the Magistrate of selling this beer, and fined 5l.? A. Yes, many a man is convicted wrongfully, and so am I—there was a complaint made against me in August, 1857, and I was fined 3l., that was quite right—there is a bench in my shop where anybody can sit down, four might sit on it and if five more stood up they most be packed pretty close—of course there were mugs about, but there was nothing in them—I kept them there—there was only one; that was an earthenware one—I mean to swear that nothing at all was drawn—I had two barrels of beer there, one was empty and the other half full—there was not another ready to be tapped.
MR. HORRY. Q. Are you late up at business on Saturday night? A. Yes; and I clear up on Sunday morning—I leave mugs about on Saturday night, to clear up on Sunday morning—that was the case on this Sunday morning—I had not been long up, and the mugs were on the counter, but there was no beer in them—everything stood as it did on Saturday night.
COURT. Q. Did the policeman call you out of your shop? A. Yes, and asked if I knew I was doing wrong in selling beer—I said that I had only served two bottles of ginger-beer—he told me that he saw me serve beer; but he did not see me serve any—I never saw any of the men who were in my house before or since—I think they were sent in for a draw for me—the two that were there, were there after the policemen called me out, but I did not say a word to them—I did not ask them to come up to the Magistrate and state what they knew, if there was any complaint against me—they remained two or three minutes after the officers went away—I did not look after them to see which way they went.
morning, 29th August, between 10 and 11 o'clock Smith came in—the prisoner was there, she had come in at just past 10 o'clock—I know these two officers—when they came in the prisoner was standing between the two doors talking about Mr. Torr's two children who were lost—any body could see her who came in—if they have said that there was no woman there it is a great false story—there were three children there—they came in for some sweets, and the officers followed them in; and the young man asked for some tobacco; the answer was that we did not sell it—we have got nothing outside the door intimating that we sell tobacco, no sign-board or jar—I was there from 10 to most 12 o'clock—I saw no beer drawn in a jug from a barrel, not a drain—there was one jug—we supplied two bottles of ginger-beer—they were poured into a quart pot—no beer was sold, and nobody asked for any—I served some apples to the officer—he was not eating them in the shop—the other officer gave him the apples and I do not know what he did with them—the two were together, one was inside, and the other had the door half open and half shut.
Cross-examined. Q. Were you talking to Mrs. Fuller? A. Yes, I was at the side-door—my husband had got the bottle of ginger-beer going to draw the cork—I was talking to Mrs. Fuller till past 11 o'clock—she was standing just at the door, in front of it—the counter is dose to the door—beer could not have been drawn while I was talking, without my seeing it; I am sure it was not.
MR. HORRY. Q. Have you known Mrs. Fuller any time? A. Two years-her husband is a very respectable man—she goes out nursing—her character has always been good—I never heard the least harm of her.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS HAGGER . I keep the New Cross public-house at New Cross. On 18th October the prisoner came to my house about half past 7 in the evening—she asked for twopenny worth of gin and cloves—she gave me in payment a shilling—I tried it with my teeth and it bent double—I told her it was a bad one, and asked her if she had got any more like it—she pulled from her bosom a purse, in which were five good shillings and a half-crown—she paid me with a good shilling—I put the shilling which I had bent, on the fire, and it melted in a moment—the prisoner left my house—I was afterwards sent for to the rail way-station and found her in custody.
JOHN WILLIAM GOMM . I take the money at the railway-station at New Cross. On Monday, 18th October, the prisoner came there and asked for one ticket and a half to London-bridge—the amount was 4 1/2 d. by the third class—she offered in payment a shilliug—I placed it on the counter, and Mr. King,
the station-master came in, he took up the shilling—the prisoner had then gone on the platform, and Mr. King and I went on the platform—I pointed out the prisoner to him and she was taken into custody.
Prisoner. Q. The man asked you if I were the party, and you said, "I believe it is." A. No, I pointed you out; I am sure you are the woman—I was sure then.
GEORGE KING . I am station-master at New Cross station. I went into Mr. Hagger's house that evening; I saw the prisoner there—after she had gone out, Mr. Hagger made some communication to me—I went over to the railway-station—the prisoner was in the booking-office—I went to the paying place and found a shilling lying by itself there; I took it up; it was a bad one—the last witness went with me on the platform; he pointed out the prisoner to me and I gave her in custody—I asked her if she had any more money of that sort by her; she said "No"—I said, "You offered to pass one at the public-house close by, and now you come to do the same thing to us; I shall give you in charge"—she did not say anything—I went with her to the station, and when there the constable placed the shilling on the desk and the prisoner caught it up, put it in her mouth, and swallowed it—it was the same shilling that I had given to the constable.
Prisoner. I never laid a finger on the shilling; it was mislaid and you want to make me suffer for it.
DAVID WALTON (Policeman, E 66). I took charge of the prisoner at the New Cross station. I received a counterfeit shilling from Mr. King—I took the prisoner to the Greenwich station—I then placed the shilling that Mr. King gave me, on the desk—I saw the prisoner take it up, put it in her mouth, and swallow it—I tried to get it from her, and while I was doing so Mrs. Holmes, the female searcher, came in—I saw her stoop—she then placed this parcel before me, which contains five bad shillings; these are them—the prisoner had a girl with her about fourteen years old.
Prisoner. I had plenty of time to drop the parcel if I had had a mind to do so.
COURT. Q. Were you with her? A. Yes, and another constable; one had hold of each of her hands—she had no opportunity to drop anything.
ELIZABETH HOLMES . I am the female searcher at the Greenwich station. The prisoner was brought there on the night of 18th October—I assisted in trying to get something from her mouth, and while doing so this parcel fell from her—I picked it up and opened it—it was wrapped in paper, then in a rag, and then in paper again—it contained five shillings wrapped separately—I passed the parcel to the sergeant in presence of the prisoner, and said, I picked it up—the prisoner said she did not drop it, she had nothing to drop—I searched the girl who was with the prisoner, and found on her 7s. 8d. in good silver and one penny—there was no bad money found on the girl, and no good money on the prisoner.
Prisoner's Defence. I am not guilty of the crime—I never had the parcel about me—when I offered the shilling I was not aware that it was bad—I passed over and laid down a shilling for a ticket and a half; the railway master came to me and he said to the witness, "Do you think this is the woman?"—he said, "I believe it is"—he said, "Are you sure?" and then he said, "Yes"—they have sworn very falsely against me—I was out with a basket, and I put 5s. in my pocket to buy a few things.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
MR. DOYLE conducted the Prosecution.
WILLIAM RICHARDS . I live in Edward's-row, St. George's-road, South-wark. I am a labourer. On 22d September, between 12 and 1 o'clock in the morning, I was in the Borough—I believe I was in a public-house called the Blue-eyed Maid, but I have no clear recollection—I lost a watch, but I don't know who took it—I was between Union-street and St. George's Church—I cannot recollect whether I was in a court.
THOMAS DREW . I am a paper-hanger by trade, but I keep a stall in High-street, in the Borough, and sell oysters. On the morning of 22d September I saw the prosecutor, and I saw Taylor and Dwyer come by; they stopped opposite the Half-moon—I saw Dwyer and another woman go with the prosecutor into a court, and Taylor followed them—I saw the prisoner Reynolds, but she was not with them at that time.
Dwyer. A. Did you see me with the gentleman? A. Tea, coming along arm-in-arm.
DAVID DAVEY . I am fifteen years of age—I remember the night of 22d September—at that time I had no home; I am now in the House of Occupation—I did not know the prisoner Taylor before, but I saw him that morning—I saw Richards, he was coming from London, and Dwyer and Reynolds took hold of each of his arms, and they went into the Blue-eyed Maid—I am sure they are the two women—Taylor was outside the public-house with another man, and he asked me to lend him a farthing, which I did—he then gave Dwyer 3d. and the two women and Richards went in the public-house—they then came out of the public-house and crossed the road, and Taylor followed them across—I followed them and stood at the corner of a court—I saw Reynolds take the prosecutor op the court, Dwyer stopped behind and called Taylor—he went and put his knee to his back; they threw him down, and snatched his watch, and ran away.
Taylor. Q. You came to me and told me to keep out of the way, and I said I should not; you have been in prison? A. Yes, I had come out that night—I did not see you afterwards, so I could not give you in charge—you did not lend me a penny to pay my lodging, I lent you a farthing.
Dwyer. Q. You saw me afterwards, while I was with the policeman, and you did not charge me? A. No, I did not see you.
SAMUEL CONGDON (Policeman, M 213). On the morning of 22d September, about a quarter before 1 o'clock, I was on duty in High-street, in the Borough; I saw the prosecutor come out of the Blue-eyed Maid, and Dwyer and Reynolds took hold of each of his arms—I am sure they are the women, I had seen them two or three hours before—they walked towards St. George's Church—Taylor left the public-house and walked after them—in about 10 minutes I saw the prosecutor, and he informed me he had been robbed—on the Wednesday evening, about half-past 10 o'clock, I saw Reynolds—I told her I should take her for being concerned with a man and woman, who were not in custody, in taking a man's watch—she said, "I had not been with Polly Dwyer that night"—I took Dwyer about half-past 4 o'clock, in Lausdown-place, Kent-street—I told her I should take her for being concerned with a man and woman in a robbery—she said, "The woman I was with, said, 'Come on, Polly, he has got no money.'"
Reynolds. He came across the road and said to us, "Neither of you
are the girls, but I know them; I will have them before long?" Witness. No, I did not.
Taylor's Defence. I never saw the prosecutor nor the watch.
Dwyer's Defence. I never saw the man with my eyes before—I never was locked up before in my life.
NOT GUILTY .
Before Mr. Justice Byles.
MR. HORRY conducted the Prosecution.
JAMES RENNERSON . I am a seafaring man, and am seventy-eight years of age, and live in Princes-street, Rotherhithe. On Sunday evening, 26th September, I went into the White Lion at Rotherhithe, between 9 and 10 o'clock—I remained there fifteen or twenty minutes—I had a pot of beer—I had been drinking, but very little before—I had been with a friend having dinner—I took my beer at the White Lion in the taproom—I saw both the prisoners there—I left to go home, and they would not let me—when I was within a few yards of my own house, I was laid hold of by them—they would not let me go in—I am sure it was these parties—I had seen them before—they took hold of each side of me—they would not let me go down in my own house—they dragged me down an alley and knocked me down—I was senseless for a few minutes—my landlord recovered me and brought me on my legs—as soon as I recovered, I said, "You rascals, you have taken my watch"—one of the prisoners was there when I said that—the other had made his escape, I believe—I can't say what was the value of my watch—it was an old family silver watch in a new case.
Cross-examined by MR. LILLEY. Q. I believe you said they were two strangers? A. No—I did not say so before the magistrate—I knew Smith, he used to live next door to me—he removed my things out of my house into another house, and I believe he took some—his mother does not work for me as a laundress—my wife very rarely employs any one—I can't recollect that she has employed Smith's mother—I had dined that day with a friend at Dock Head—I dined about 1 o'clock—I might be two hours with him—it might be 3 o'clock, or half-past 3, when I left him—from that time till I went to the White Lion, I had been taking a walk—I had not called at any place—I know the Torbay—I might go, in-there, but I did not stop a minute—I can't recollect whether I was in there or not—Smith was in the Torbay—I might have a little drop of gin-and-water—I don't recollect going to any other place—I was talking a little and walking by myself, up and down Dock Head and other places—I did not go into the Roman Catholic chapel—some say that Smith's mother lives in the court where I was, but 1 can't say—Smith remained with me till my landlord came up—my laudlord took me home.
Cross-examined by MR. LAXTON. Q. You had been drinking at dinner? A. I took a glass of porter when at my dinner—I saw the two prisoners in the taproom—I had seen Moss before, when he was a boy—it may be fifteen years ago, I suppose—there were several other people in the taproom—I can't say whether the prisoners were drinking with the others—I could not
say whether there were several other persons going out at the time I went out—I was going home—I went to the left to go to my own house—I crossed over the road directly to go home.
COURT. Q. Can you walk pretty well? A. Yes—I can read, but my eyesight is not very good.
GEORGE HARRIES . I am potman at the White Lion—it is at the top of Princes-street. I remember on Sunday evening, 26th of September, I saw the last witness in our taproom—he had a pot of beer—he stayed a quarter-of-an-hour or twenty minutes—the two prisoners were there while he was—I saw the prosecutor go out, and the prisoners followed him—the prosecutor appeared to me to have been drinking—I came out of the door just after him—I saw the prisoners had hold of him, about three yards from his door—he said "I want to go home," and they said "No, come along"—he appeared to try to get away from them—I saw them and him go post his own door—each of them had hold of one of his arms—they went down an alley—I followed them down, and when I got in I saw Moss knock the prosecutor down with his fist and take his watch—the prosecutor said, "You rascals, you have got my watch"—Moss made his escape on his hands and knees, and he got out into Church-street—Smith took hold of the prosecutor's right arm—Mr. Allen came down the alley—he took hold of Smith and sent me for a constable.
Cross-examined by MR. LILLEY. Q. Were there many persons in the tap-room at the White Lion? A. No—there were other persons there—they were not going in and out, they stopped there—Smith went out first, but not a second before Moss—when I looked down the street, the prosecutor and Smith had got about three yards before Moss joined them—I had only seen Smith once before—I take the liquor into the taproom.
Cross-examined by MR. LAXTON. Q. You saw them in the court? A. Yes; I saw them right down—I was close to them when they knocked him down; I was not above two or three yards from them—Moss had not to pass me to get out of the court—there are two ways out—I don't know whether he saw me—they did not speak to me—the prosecutor was not rolling about, he stood against the wall, and the two prisoners had hold of him.
EMMA WEBBER . I am single, and live at No. 2, Princes-street, Rotherhithe. On Sunday evening, 26th September, between 9 and 10 o'clock, I was going to my house and I saw two persons whom I can't swear to, had hold of the prosecutor—they were dragging him along—I watched them; and I saw them take him down the alley, and one of them knocked him down and took his watch, and the one who took his watch went away—he seemed to go on his hands and knees, I was not certain, I did not see his head—I came up to one of the men, but I could not swear to him—he was holding the prosecutor, and I asked him to take him home—he said it was nothing to do with me—I heard the prosecutor call out, "You have robbed me of my watch"—at that time Mr. Allen came up.
Cross-examined by MR. LILLET. Q. How near were you to them when they were going down the street? A. I met them—I was on the other side of the way—when they were in the court I was standing close to them.
WILLIAM ALLEN . I am a Custom-house officer, and am landlord of No. 2, Princes-street. On 26th September, between 9 and 10 o'clock, I went down the alley—I saw the prisoner Smith, he had hold of the prosecutor, he being on the ground—I asked him what was the matter—he said, "The robbers have stolen my watch"—I took hold of Smith, and sent for a constable—Smith said he had nothing to do with it—he remained quiet—I allowed
him to go, and took the prosecutor home—I knew him—I took the watch chain from the neck of the prosecutor—I gave it to the inspector.
JOHN TIMOTHY HUGHES (Policeman, M 249). On the evening of 26th September I went with Harries and Allen in search of the prisoners—I found Smith in Rotherhithe-wall—I was in private clothes—I pounced upon him, and said, "Smith, you must come with me for robbing a man in the street"—his answer was, "I never touched the watch"—I had not mentioned the word watch—I took him to the station—he said he was going to take the old man home, and when it was pointed out to him that he had taken him a considerable distance past his home, he said, "My mother's home I mean"—he said his mother's home was at the corner of this alley.
Cross-examined by MR. LILLEY. Q. How far is his home from the White Lion? A. About two hundred yards—ho lives at the corner of the alley—I took him about half-past 10 o'clock.
WILLIAM COX . I am an inspector of the Thames Police. On 30th September I went in search of the prisoner Moss—I proceeded to a barge which was off Deptford, and was being navigated up the river—I found Moss in the bed-berth of the cabin of the barge—he was in a kneeling position, and his shoes were off—it was about half-past 3 o'clock—I said, "I want you for being concerned with another man now in custody, in stealing a watch in Princes-street on Sunday night"—he said, "I know nothing of the watch; I admit being in company with the old man in the public house"—(I had not said anything about an old man before that)—I said, "What old man?"—he said, "The old man that they say has been robbed"—I took him to the station, and when the charge was made he said he knew nothing of the watch—previous to my taking him to the station he said, "I did not leave the house for five minutes after the old man."
Cross-examined by MR. LAXTON. Q. This barge was being navigated in the usual way? A. Yes—Barrett was navigating it—I asked him if there was anybody else on board—he nodded his head, and I went and found Moss.
COURT to EMMA WEBBER. Q. Was one of the same persons that you saw with the prosecutor, the same that Mr. Allen took hold of? A. Yes.
Smith was further charged with having been before convicted.
THOMAS CLAYDEN . I was a policeman—I produce a certificate (Read: "At the Quarter Sessions at Newington, on 23d October, 1824, Edward Smith was convicted of stealing 3 watches, 4 chains, and other property, and ordered to be Confined Twelve Months. ")I was present—Smith is the person.
Four Years' Penal Servitude.
MR. M. J. O'CONNELL conducted the Prosecution.
THOMAS JAMES TEE . I am a steam-boiler maker, and live in Lant-street, Borough. On Saturday evening, 25th September, between 7 and 8 o'clock, I was looking out of my window, and saw the prisoner and two women with him—they appeared to be having words in the street—he was standing trying to part the two women—one of them made a strike at the other with her fist, but did not reach her—the prisoner turned round and struck that woman in the forehead—I could not see whether his hand was shut or open—she fell down on the back of her head—they were on the
pavement, right opposite my room—the woman fell off the pavement into the street, with the back of her head on the flags—I ran downstair, and saw the prisoner—he was very drunk—he was reeling about—I was then told that the woman was his mother—there were several people round, and a policeman was there at that time—the woman was picked up, and carried away.
ELIZA DIXON . I am the wife of Thomas Dixon, and live at 3, Little Suffolk-street. I knew the deceased—on Saturday evening, the 25th September, I was standing at 32, Lant-street, where I work, and saw the deceased, the prisoner, and another female—it was between 7 and 8 o'clock—they were talking very loud together, and the prisoner was reeling about—I saw the old lady going back—she was reeling—she was intoxicated—I saw the prisoner lift his hand, and strike her in the face—I believe his hand was closed—she fell on the back of her head off the pavement on the kerb—the policeman came up, and she was taken round to the prisoner's, house—I saw her again, about a quarter of an hour afterwards, standing at her son's door—I spoke to her, and she answered me—the prisoner is the man that struck her—I did not see her again alive—I saw her on the Sunday morning dead—the prisoner was in the room at the time—I said to him, "That was a dreadful blow you gave your mother"—he said, he was very sorry for it, and he knew he should make away with himself.
COURT. Q. You say you saw the old lady reeling—was she very drunk? A. I cannot say that; I was not near enough to see—I suppose they must all have been drunk—I saw them reeling; that was before the prisoner struck her—I was standing at the door where I work, and they were on the other side of the street—he seemed to be drunk—he reeled about—I saw the blow—it struck her on the face.
ANN TINDAL . I am a widow, and live at 2, Little Suffolk-street—I knew the deceased for about two years, by living in the same house—she did not live with the prisoner, she was to and fro occasionally—I was passing through Lant-street about half-past 8 on the night in question, and saw a mob at the corner of William-street—I looked into the mob and saw the prisoner—I asked him what was the matter—he said, "My mother is the worse for drink; will you have the kindness to assist me in carrying her home"—I did so—when we got her home to her son's residence, they could not find the key for a few minutes, and I held the old lady by my knees for about ten minutes—I then took her upstairs, and laid her on the floor, untied all her things, put a bolster under her head, and left her, as I thought, asleep from drink—that was about twenty minutes before 9 o'clock—I was with her altogether about twenty minutes, or half an hour—she had no appearance of death—she breathed freely when I left her—I saw her no more until Sunday morning, when I saw her dead.
CHARLES WOODFIELD . I live at Blue Bear-alley, Lant-street, and am a soda water bottler. The deceased was my mother-in-law—she was sixty-five years of age—I saw her on Saturday evening, 25th September, at 7 o'clock in the Blue-coat Boy public-house, Lant-street—the prisoner was there with her; there were five of them together, all drinking—there was herself, the prisoner, another man, and two women—they were all in liquor, but they were not quarrelling when I left them, at about half-past 7—I saw her dead body next morning—I saw the prisoner that morning, and said to him, "This is a most serious case, and you will have to suffer for it—He said, he was quite ignorant of anything of the kind, that he was not aware of what had happened—he was not aware that his mother was hurt—I have known
him from a child—he is a ticket-porter in the Borough-market—he has been the chief support of his mother for seven or eight years past—I always knew him to be a dutiful son.
WILLIAM SWEENY (Policeman, M 33). On Saturday evening, 25th September, I was on duty in Lant-street, about half-past 8 o'clock—I saw a female lying on the pavement—there were several persons about her—I did not know any of them—I assisted the female up—I saw the prisoner there and in consequence of what I heard, I asked him if he had struck his mother—he said, "No"—he appeared to be under the influence of drink, and so did the woman—I asked the people in the prisoner's presence if they had seen him strike her—there was no answer—I then asked two or three, who were standing by, and they said, "No"—the deceased herself said that he did not strike her, or hurt her, and that he always behaved as a good son to her—she was taken in, at No. 2, Suffolk-street, and left—I saw no mark of violence upon her person.
COURT. Q. Was she a heavy person. A. I believe she was not—I did not know her previously.
AUGUSTA EDMONDS . I am a servant at 41, Lant-street. On Saturday evening, 25th September, about half-past 7, I saw a woman in Lant-street—there were other persons with her—I did not hear any words pass; but I saw the man strike her a blow—I should know that man again, if I was to see him—I do not see him here—it appeared to me that he struck her on the side of her face—it was with his closed hand—she fell flat on her back—some persons came up—I did not see any more then—I saw the woman again, about half-past 8, I think, or a little later, at the corner of William-street, which leads into Lant-street—she was then lying on the ground—she was picked up and carried away—the same man was with her the second time—I did not see him do anything to her—she appeared to be very tipsy—I did not see her reel before she was struck—I did not notice whether she walked steadily.
EMMA BIDWELL . I am single, and live at 1, Little Suffolk-street—I know the deceased, Mrs. Hill—I saw her on Saturday evening, 25th September, in Little Suffolk-street—before that I saw her in the tap room of the Old Justice public-house, in Little Suffolk-street—that was about 7 o'clock—the prisoner and his wife, and another man and woman, were with her—they were having a few words; but I could not hear what they were saying—I saw the prisoner knock his mother down—that was in the tap-room—I did not notice where he struck her—she fell; her daughter picked her up—the deceased said to her, "My daughter, Ann, my daughter Ann, I love you"—and the daughter replied, "So do I love you, mother"—after that, they came out of the house, and the prisoner pushed her down again outside the house—she got up herself—I then lost sight of them for a time, and did not see them again until half-past 7—they were then at the corner of Little Suffolk-street and Lant-street—they were having a few words then—the daughter-in-law was calling the woman some very bad names, and the old woman hit at her; by the daughter-in-law, I mean the prisoner's wife—the prisoner then turned round, and hit the old woman, and knocked her down—he hit her on the temple with his fist—I was about a yard from them—he struck her very hard indeed—she fell on the back of her head, and her head bounced up again from the ground—she was picked up by the policeman, and taken to her son's house in Suffolk-street, and stood against the wall, and she fell down there—I saw her there for about five minutes, and then left—she was then standing up in the passage—she was not standing without assistance, her son was supporting her, wanting to take her upstairs—I saw
her again in the course of the same evening, about 8 o'clock, in Little Lant-street—she was then walking towards the Blue-coat Boy, public-house—she was walking alone, without any support—I said to her, "Oh Mrs. Hill!" and she said, "Oh!"—she went into the Blue-coat Boy—the prisoner and his wife, and a man and woman, were there—the prisoner said to her, "Did you not want to lock me up?" and he said, "Wait till I get you upstairs, I will pay you"—she said, "No, you won't, for I won't go up"—I then came away, and did not see her afterwards.
COURT. Q. You were saying the prisoner turned round, and hit the old woman—was that at the same time that the old woman was trying to hit his wife? A. Yes, he turned round directly—the deceased was a very short person, not very stout—the prisoner's wife is a short person—I dare say she may be as strong as the deceased.
ELIZA MUGGERIDGE . I am the wife of Samuel Muggeridge, and live at 1, Rodney-street, William-street, Lant-street. On Saturday evening, 25th September, I was at the Blue-coat Boy public-house—I saw the prisoner and the deceased there—I heard him say to her, "If you don't go away from me, I will knock your eye out," and I saw him push her away from him—he did not strike her—she staggered a few paces, and fell backwards, and hurt her head—I do not know whether his wife was there—I saw two women coming out of the public-house—they wanted her to go in, and the prisoner said, "She is my mother, and I will not see anyone interfere with her."
WILLIAM LLEWELLYN . I am a surgeon at 12, Great Suffolk-street. I saw the deceased about 7 o'clock on Sunday morning—she had then been dead several hours—I made an external examination of her at that time, but found nothing to account for death—I saw several bruises on her body and head—on Tuesday, I made a regular post-mortem examination—I examined the chest and abdomen—I did not find any cause of death there—I then examined the head—I found three bruises, externally; one on the forehead, a slight one; a severe one on the left temple; and one on the back of the head, also severe—that was not the worst of the three—I then opened the head—on removing the cranium I found a large clot of blood, upwards of two ounces, extravasated between the membranes of the brain, corresponding with the blow on the left temple—on removing that clot of blood, I found a ruptured vessel, from which the blood must have come—the rupture must have been from the violence, from the blow—there was nothing to correspond with the mark at the back of the head, that was simply a severe contusion; it might have assisted in causing the rupture—the rupture could not have proceeded from any natural cause—the brain was very healthy, irrespective of that appearance, the blow on the temple appeared to be a very severe one—it is impossible for me to say what it was given by.
COURT. Q. You say that the blow on the back of the head might have assisted in causing the rupture—can you undertake to say that there would have been any rupture, but for that blow? A. I will not undertake to say, it might have come on from a counterstroke—it was about 7 in the morning when I saw the body—she had probably been dead six or seven hours then—she was rigid—the brain was congested—drink would predispose to such an injury as I saw, but in my opinion that was not the cause of it.
GEORGE DON (Policeman, M 68). I took the prisoner into custody on Sunday, 26th September—I told him he must go with me to the station-house; from information I had received, he had ill-used his mother and caused her death—he said he had not touched her.
station by the last witness on the 26th September—the charge was read over in his presence; it was causing the death of his mother—I asked him if it was his mother, he said it was—I said, "What is her name"—he said, "Mary Hill"—I asked him her age, he said, "Between sixty and seventy"—he said, "I was very drunk, I only pushed her away from me."
Prisoners Defence. I have nothing to say—I throw myself on your mercy.
NOT GUILTY .
Before Mr. Justice Erle.
1024. JOSEPH TIMOTHY (20), was indicted for a robbery on Susannah Kilburn, and stealing 1 purse, and part of a seal, her property. Second count for stealing in the dwelling-house of William Kilburn, and by menaces and threats putting Susannah Kilburn in bodily fear.
MESSRS. GENT and BROOKS conducted the Prosecution.
SUSANNAH KILBURN . I live at 5, James-street, Commercial-road, Peckham—I am a widow, and live with my son—I remember sitting in the kitchen, on Monday afternoon, 26th July, at about a quarter or twenty minutes after 3 o'olock—I was sitting resting myself in my chair, when a man came in at the back door, and said, "Mother, you are having a nap." and threw a handkerchief over my face—I did not see any other men, but I heard them, after he threw the handkerchief—I lifted up my eyes—he had something black over his face, so that I could not see his features—I said, "Who are you, what do you want"—he said, "It makes no matter who I am, hold your noise"—he then took me out of the chair I was in, put me in another chair by the side of the fireplace, and tied the handkerchief very tight over my face—he put another handkerchief round my hands, and held my hands very tightly—I had several bruises on my hands—I said to him, "Pray don't hurt me"—he said, "I won't hurt you if you hold your noise, but if you don't hold your noise, I will kill you"—he then said, "Go upstairs"—I heard some footsteps going upstairs, but I could not tell how many—as soon as they had gone up, he said, "Now tell me where the money is"—I said, "There is none; when my son goes out he takes the money with him"—he said, "We know better," and just as he said those words, in God's mercy, my son came in—my son laid hold of him and said, "What are you at with my mother"—he caught hold of him—the man then let go of me and rushed to the stairs—he called out "Bill" or "Jim" (I don't know which) "come down"—I ran out into the garden and called out "Police"—my son and the man were struggling a little time in the passage at the foot of the stairs, and he struck him on the head six times—while I was in the garden, my son and the three men came out—I saw the prisoner in the garden, when my son threw the garden-pot at him—he was about to get over the wall and he turned round and grated his teeth at my son—that was the way that I came to see his face, and that is the man—I was as near to him as I am to you—I was on the grass-plat in the garden—as I was going through the gardens, he got over the wall.
Cross-examined by MR. DOYLE (with MR. MACDONALD). Q. You are rather advanced in years? A. Yes; I am 78—when these persons came into the house I was a good deal alarmed and agitated—I saw the prisoner at the station-house—he was pointed out to me by the police-serjeant—he was standing between two more for me to choose him—I did not know who the other two were, they were strangers to me—I do not recollect how they were dressed, because I fixed my eyes upon this young man at once—the other two were strangers, they were not in this concern—I think they were young men; I Cannot say—they were older men than the
prisoner—one was not in his shirt-sleeves; they wore jackets or coats of some kind—they were not prisoners I think—I think they were put there to confuse me—neither of them wore police clothes—I don't know whether the prisoner was handcuffed when he was brought out to me—I don't think he was, I did not perceive it.
MR. GENT. Q. How long were you out in the garden before the men came out? A. Not two minutes; they came out immediately—I have no doubt that the prisoner is one of the men that I saw in the garden; he is the one that my son threw the garden-pot at.
WILLIAM KILBURN . I live with my mother at Peckham, and am a retired tradesman. On Monday afternoon, 26th July, I had occasion to go out about a few minutes after 3—I left my mother at home alone—I returned in about twenty minutes—I came in at the side entrance with my latch-key, and came the back way into the kitchen—when I came in I saw a man laying hold of my mother; she was in a chair and the man was standing over her holding her by the wrists—I thought at first that she was ill—I said, "Hallo, what are you doing with my mother?"—the man looked up very much confused and started towards the passage door—I laid hold of him by his two collars—he dragged me towards the staircase and hallooed out, "Jim! Jim!" upon which two men came downstairs—I was then at the foot of the stairs, holding the man who had had hold of my mother—the prisoner is one of the two that came down the stairs; the other one was a taller man than the prisoner; he had a life-preserver in his hand, and he struck me with it six times on the head, and a terrible blow on the jaw-bone, I could not eat for nearly a month afterwards, except soft victuals—I was struck seven times altogether; six times on the head and once on the jaw—it was this life-preserver (produced), or one very much like it—I kept hold of the man who had been in the kitchen until the three of them came upon me—I then left go of him and went into the garden to give an alarm—the men followed me; one of them went out through the side-gate, another flew over the wall, and this man, when he had got some little distance in the garden, turned round and grated his teeth, and felt in his breast-pocket for something—I then threw a garden-pot at him and hit him in the breast with it—he then turned round and jumped over the wall; it is a six-foot wall—I returned into the house—there was an outcry about one of the men being taken—that was the man that I found in the kitchen—he was taken and brought back by the constable, and he has been tried and convicted—I found this life-preserver in the passage, and the hat of the man who has been convicted—I went upstairs, and in my bedroom, I found one drawer open, and the things in it were pulled from the back to the front, I suppose to see what there was in it; there was not much of any value—I missed a broken seal and an old purse, that was all—at that time a man named Perry lived next door to me—when I went in on this occasion I saw Perry leaning over his gate with his arms folded, at the time the men were in the house.
Cross-examined. Q. You were holding the man that you found in the kitchen when the other two came down? A. Yes, at the foot of the stairs—I was assaulted while they were on the stairs; the man reached over the banisters to strike me as I was at the foot of the stairs; the blows compelled me to let go of the man—they did not then rush past me—I ran out first, and they followed—they tried to get away—I ran out into the middle of the garden, and they ran out close against the side of the kitchen—the prisoner jumped over a six-foot wall; there were some old pieces of wood lying against the wall, and he clambered over by their aid—I saw his face before he
got on to the wall; it was before he got on the wall that he turned round and grinned at me, and then I flung the garden-pot at him—I had a good view of him—I had never seen him before or since, until I saw him at the station-house—that was on 25th September—I was taken to the station and told that he was the man that was in custody; he was not pointed out to me; there were three men standing there—Serjeant Coppin took me there, and he said, "Now, which is the man that was in your house?"—I looked at the three men; the other two were dressed similar to the prisoner, in dark clothes—they had no whiskers—they had very little, if any at all; they might have a trifle—I will not swear whether they had any or not—I will swear that one of them had not large whiskers—I will swear that one had no whiskers—they wore coats something similar to the prisoner; whether they were coats or jackets I did not exactly notice—the prisoner was dressed similar to what he is now when he was at my house—he had no handcuffs on when I saw him at the police-court.
MR. GENT. Q. When you saw him with the two men, did you pick him out? A. Yes, directly; I knew him by his face; I did not look at the dress—he was behind the man on the stairs that struck me—there is a fan-light in the passage—the door was not open—I could see his face perfectly well—I saw him there and also in the garden—I have not the least doubt the prisoner is the man.
HENRY HILTON . I live with my father at Albert-cottage, James-ground, Peckham. On Monday, 26th July, about 3 o'clock in the afternoon, I was in front of Mr. Kilburn's house—I could see the garden-wall of Mr. Kilburn's—I saw two men get over it; the prisoner is one of them—he used to come to Mr. Perry's house early of a morning and go out—Mr. Perry's house is next door to Mr. Kilburn's—I have seen him go to Mr. Perry's house about six or seven times—when I saw him get over the wall I ran round through my father's cottage, and I saw this man and another man run past me—I saw the prisoner throw something like this (a life-preserver) into the hedge—I afterwards looked in the hedge where it had been thrown; I could not find it, and I called a gardener's man and he knocked it out with his hoe—that was where I saw the prisoner throw it—it did not appear as if it had been long in the hedge when I got it out; it was perfectly dry—I have generally seen the prisoner come out of Perry's house about 3 or 4 o'clock in the morning—I have no doubt but that he is the man I saw getting over the wall on this Monday afternoon.
Cross-examined. Q. How do you happen to be up at 3 or 4 in the morning? A. My brother used to have to come up into the city, and I used to get up and get his breakfast—I used to go out with him a little way, and my brother used to say, "Look at these men coming out of Perry's house"—I am thirteen years old—Serjeant Bond took me to the station-house to identify this man; I was quite positive about him—there were two other men with him—I did not know them; I never saw them before nor since—I did not know whether they were prisoners—I have not been talking to anybody at all about my evidence here, nor has any one been talking to me about what I was to say, neither here nor at the police-court—the policeman asked me whether that was the man; I told him "Yes"—I told this to Serjeant Coppin—he and I have been talking about my evidence—I have not gone over it with him—I have never repeated it—I did at the police-court before the magistrate—I have never repeated it to Coppin himself—I told him what I was going to say before the magistrate—he did not say anything about what I was going to say at any time—my brother is not here—he is fifteen years old—he is still employed in the city—I was hardly a minute before
I picked this man out from the others—the two men who were standing with him were dressed something like him—he had a frock coat on—he was in the middle—the other men had dark hair—they all had their hats off—the prisoner had a cap on when I saw him come out of Mr. Kilburn's garden—one of the men had a cap on—I did not notice what the other one had on—they had not any whiskers or beard—they were every one clean shaved—I think the other two were rather older than the prisoner.
MR. GENT. Q. You soon picked him out? A. Yes—I was just at the gate when he jumped over the wall, about as far from him as I am from you; I was standing still at the time—I saw his face, and I ran through my father's hedge, and he passed me—I am positive he is the man I saw—I have no doubt about it.
SAMUEL COPPIN (Police-sergeant, P 15). From information I received, I went to Slater-street, Spitalfields, on 25th September about 12 o'clock in the day—I saw the prisoner there—he was chair-making in a workshop at the back of the house—another officer was with me—he went up to him first—I went on one side and he at the other—I said, "Joe, we are going to take you into custody for being concerned with others; one has been convicted, the other not, for violence on an old lady in Peckham, in July last"—he said nothing then—he asked for his coat, and I went and fetched it—that was all that took place—he did not say anything else at all after our taking him in charge.
The prisoners statement before the Magistrate was read as follows:—I am innocent of the charge; that is all I have to say.
COURT to HENRY HILTON. Q. Was there more than one person coming out of Perry's? A. Yes, sometimes three, sometimes two—I saw them about half-a-dozen times—my brother said, "Look there, at them men coming out of Perry's house again"—Perry let lodgings at that time—I do not know whether the men were lodgers in his house—I am sure it was between 3 and 4 that I saw them coming out; there are not many people get up at that time in our neighbourhood.
The following Witness was called for the Defence.
WILLIAM TIMOTHY . I am a chair-maker—the prisoner is my brother, we lived together in Somerset-buildings—I was living with him last summer, till about three weeks before he left the house, five or six weeks ago—I left him seven weeks ago to get married, and then he could not afford to keep on the lodging by himself; when we were together we slept in the same bed—he was never out at night—he could not have been out in July last for several mornings at 3 or 4 o'clock over at Peckham without my knowledge—we have worked together in the same employment—he was in employment last summer—he was part of the time working at his new place in Slater-street, and part of the time for Mr. Boylan.
Cross-examined by MR. GENT. Q. Has he always been a chair-maker? A. Yes; he never did anything else—I should have missed him if he had been absent any night—we were in bed from half-past 10 to 11 sometimes—all the time we were in Somerset-buildings, we were in bed at 10, except once or twice, about twelve months ago, when he was working for Mr. Boylan, he got up about half-past 8—he was never out one night to my knowledge—we always had breakfast and every meal together up to about seven weeks ago—he was taken in custody at his father's workshop.
Several witnesses gave the prisoner a good character.
GUILTY .— Four Years' Penal Servitude.
There was another indictment against the prisoner for a like offence.
Before Mr. Recorder.
PLEADED GUILTY .**— Four Years' Penal Servitude .
MR. SLEIGH conducted the Prosecution.
JAMES HIGGINS . I am in the employment of Mr. Warren Stormes Hale, and another—they carry on business at Orange-street, Southwark; that is where their manufactory is. On Saturday, 18th September, the old lead which lines the cisterns was being stripped off, for the purpose of new being substituted—the prisoner Tilley was then in the employ of Messrs. Hale & Co., and was at work on the premises—in consequence of something which occurred, I watched Tilley on that day, and another person who was also at work there, named Haines—I saw Haines cut up a piece of lead—I watched Tilley pick up this lead and secrete it within his clothes—I saw him secrete two large pieces—having done so he left the premises, and I followed him to a plumber's shop in Union-street—I saw him go in—while outside the shop, I could see the other prisoner Hagan within—Tilley stopped in the front shop—I saw him take the lead from underneath his frock and deliver it to Hagan, who put it into a recess on the right hand side of the shop—I saw him pass something to Tilley but I could not see whether it was money; whatever it was I saw Tilley put it in his pocket—I was standing close to the door inside—I do not think they saw me previously to this—they then turned round and saw me—Tilley wanted to make his way out, but I would not let him go—I said, "Was not that lead which you took from Mr. Hale's premises?"—he said, "I have taken no lead"—I said, "You have"—I would not let him leave the shop—I then said to Hagan, "I want that lead that this man fetched into your shop"—he said, "You are under a mistake, there was no lead fetched in"—I had my hand on Tilley at that time—I said I would lose my life before I would allow him to escape—Hagan then went and produced the two pieces of lead from a recess in the shop, the place where I had seen him throw them—he said that was all the lead they had in the place—I still had hold of Tilley, and said I would hold him till a policeman came, to give him in charge to—Hagan said I might let him go in the passage as we need not make a row about the door, he could not get through the back way; I then left my hold of him—Hagan took him to the back of the shop—I saw him beckon him towards the left hand side of the shop where there was a step-ladder and he made his escape—a policeman came and Hagan was given into his custody—I assisted to search the premises after that, and found a quantity of lead weighing 7cwt. 1qr. 7lbs.—the two pieces which he threw into the recess, weighed, I should say, 26lbs. or 28lbs., but I do not know.
Cross-examined by MR. LAWRENCE. Q. I think you said, this was a plumber's shop? A. A plumber's and glazier's—Hagan serves there, but it is kept by a relation of his—Hagan, I believe, was assisting in the shop—I understand it is his brother-in-law's shop—all that I know is, that he has a brother-in-law—I know nothing more than that he bought and sold—Hagan could have seen me in the position in which I stood if he had turned—I should say it might be about thirty feet from the doorway to where Tilley pulled up his smock-frock, and handed the lead to the other.
COURT. Q. You say that he took it up and handed it to him, were
there any scales in the place? A. Not where he handed the lead to him—there were scales in the place—I did not see the lead weighed before it was handed by Tilley to Hagan—I must have seen it if it had been—the scales were farther back than where they were standing—I am sure it was not weighed.
LAWRENCE KEIFE (Policeman, A 474). On Saturday, 18th September, I was called into a shop at 135, Union-street—I there saw Hagan, and took him into custody—the last witness said in Hagan's presence, that a man had come from Mr. Hale's premises with some lead, and he had allowed him to go to the back of the shop, and I was to go and see if he had left the premises, as Hagan said he had not—I searched the shop, and went up the step-ladder to the loft—I could see no one there but Hagan—I further searched the premises, and found some lead.
COURT. Q. This step-ladder leads up into the loft then? A. Yes, and there was a window through which he could get into a yard, and from there, through a passage, into the street.
EDWIN COLEMAN (Policeman, M 53). I took Tilley into custody yesterday, about half-past 5—I have been looking out for him since 18th September, and could not find him—I told him the charge—he said at first nothing—afterwards he said, "It is a bad job, one trouble never comes alone"—afterwards he said that he had read the account, and that it was not correct, and that Hagan did not assist him in escaping—afterwards he asked me if he had better plead guilty, and I said I had nothing to say about it—I received a very good character of Tilley, from an old gentleman in whose service he has been for six years.
Hagan received a good character.
TILLEY— GUILTY .— Confined Twelve Months.
HAGAN— GUILTY.—Recommended to mercy by the Jury.— Confined Twelve Months .
PLEADED GUILTY .— Confined Nine Months each.
The following Prisoners, upon whom the Judgement of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. xlviii Page Sentence