CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY-LANE.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET-STREET,
Law publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of the Peace,
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 22d, 1858, and following Days.
BEFORE the Right Hon. DAVID WILLIAMS WIRE , LORD MAYOR of the City of London; Sir George Bramwell, Knt. one of the Barons of Her Majesty's Court of Exchequer; Sir Hugh Hill, Knt. one of the Justices of Her Majesty's Court of Common Pleas; Sir Chapman Marshall, Knt.; Sir Francis Graham Moon, Bart F.S.A. Aldermen of the said City; Russell Gurney, Esq. Q.C. Recorder of the said City; William Cubitt, Esq. M.P.; William Anderson Rose, Esq.; William Lawrence, Esq.; Thomas Gabriel, Esq.; William Ferneley Allen, Esq.; and John Joseph Mechi, Esq., Aldermen of the said City; Thomas Chambers, Esq. Common Sergeant of the said City; and Michael Prendergast, Esq. Q.C. Judge of the Sheriffs' Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WIRE, MAYOR FIRST 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, November 22d., 1858.
Before Mr. Recorder and the First Jury.
MR. ROBINSON conducted the Prosecution.
WILLIAM GARDNER . I am a jeweller at 119, Oxford-street. On 14th April, the prisoner came to my shop—he said he had been recommended to me to buy a good lever watch, and he understood that I kept at times very good second-hand watches, and he preferred having a second-hand watch—I said I had not one then, but I knew of one that I thought I could obtain for him—he stated that he was Dr. Rees, professor of chemistry at the University, at all the Colleges, pointing in the direction of Gower-street, where the London University is—he did not name any particular College—I asked him if he knew several parties—he said yes; he knew Dr. Bachoffner, and Mr. Pepper, and several others—he said he would call again in a few days, which he did on 20th April—I then told him I was not able to obtain the watch spoken of, but I showed him one of our own make—he agreed to have that, provided that I could guarantee it to perform to time at 110 degrees of heat—I said I could not do that, but I would undertake to make it perform at 96 degrees of heat—he said he must have it to perform at that at least, because it was necessary in his profession to
lay it before that heat—I then undertook to compensate that same watch at 96 degrees—he called again, I think on 4th May—he then saw the watch and was perfectly satisfied—he came in several times every day till the 6th May—he kept coming in to see if the watch performed correctly with one of Le Roy's, which he pulled out of his pocket, and which he said Mr. Le Roy had entrusted him with, in fact he was not to pay for it until he had quite satisfied himself that it went correctly—I asked if he had a bill of it—he said no, but I could go to Mr. Le Roy, or I could go to Claude Scott's for his reference; that he was in the habit of banking at Claude Scott's—I think he said that in the first instance—he also said so on 6th May and I also offered to go over to Mr. Le Roy's—that was only just across Regent-street—he asked me to value that watch, which I did at thirty-six guineas—the value of mine was twenty-six guineas—the prisoner said if I would allow him to put it in his pocket for a few hours he would see if it went correctly, and if it did, he would give me a cheque for the whole amount of the goods on the following Tuesday—I let him have the watch—I let him have it in consequence of the representations he made, particularly that he had this watch from Mr. Le Roy, and that he banked at Claude Scott's, and also his being professor of chemistry—if he had not represented that he had banked at Claude Scott's, and that he was professor of chemistry of the University, I do not think I should have allowed him to have the watch, but his introducing Mr. Le Roy's watch helped it—I certainly should not have parted with it, if he had not represented that he banked at Claude Scott's.
COURT. Q. Supposing that he had never said anything about his being Dr. Rees, or about banking at Claude Scott's, but only that he held this watch of Le Roy's, should you have let him have it? A. No, I should not, I should have referred first.
MR. ROBINSON. Q. Did you see the prisoner again? A. No, not until I saw him at Marlborough-street police-court, about two months afterwards.
Prisoner. Q. What day did you give me the watch to wear? A. On 6th May; that was on Thursday—you did not call any more after that—I showed you a picture a fortnight before that, it was not on the Saturday after—I gave you the chain on one of the occasions between 20th April and 6th May—I gave you the watch and chain altogether on 6th May—you had the chain first to show to some one and also a seal, but you had them altogether on 6th May—my foreman and my wife were present when I gave you the chain; they are not here—I remember showing you a Dutch picture, for which you offered to write me a cheque for thirty guineas there and then—that was a few days before you had the watch—there was no valuation of pictures at my place—you did not return me the watch, saying you would not have it—you did not tell me that it lost two seconds; you said it went exactly, nothing could perform more correctly.
MR. ROBINSON. Q. Had the prisoner ever the watch in his possession to take away, except on 6th May? A. No, he came and compared it with the watch of Le Roy's continually—he told me he intended to draw the cheque for 30l. for the picture, on Claude Scott—I wanted 100l. for it.
CHARLES FLUKE . I am clerk to Messrs. Claude Scott and Co. bankers of Cavendish-square—the prisoner has no account there and never had that I am aware of—I have searched the books for some years back.
COURT. Q. Does a Dr. Rees hold any office there? A. No.
LOUIS ELZINGER . I am in partnership with Mr. De la Fontaine 296, Regent-street, as watchmakers. In April last, the prisoner came to our shop—we had a person named Hochstetter in our service at that time—he is now at Manilla: when the prisoner came, he said he had selected a watch and wanted to know if it was ready—I told him it was not—he came several times to see if it was ready—he told me that he wanted a watch to go very well, on account of his being a medical man and making experiments in chemistry, and if it did not go quite right, it would be inconvenient to him, and put him in danger in making his experiments—he wrote his name in my book in my presence—this is it "Dr. Rees, 36, Bernard-street, Russell-square"—he said he was professor in a college and he could call every morning to compare the watch with me regularly, as he was going every morning to his hospital—and he did in fact call every morning at the same time—he did not say of what college he was professor; he very likely might mention it, but I do not know—I was not present when the watch was delivered to him—I did not give any directions to Hochstetter as to whether he should part with the watch with or without the money.
The RECORDER expressing an opinion that, in the absence of Hochsetetter, this could not be carried further, Mr. Robinson did not press it.
WILLIAM HAMMOND (Policeman, A 273). I took the prisoner into custody on 10th September in the Edge ware-road—I had been looking for him two or three months—I asked him whether his name was Dr. Perry Lee—he said, "Yes"—I told him I should take him into custody for obtaining two gold watches under false pretences—he said, "I know I had the watches and I sold them."
Prisoner. Q. Who gave me in charge? A. Mr. Gardner's shopman was with me at the time; he charged you with obtaining a gold watch of Mr. Gardner—I did not tell you, if you paid for the watches there would be no charge against you—I did not tell you you might write to your friends—I did not tell you that I had a deed for 1,000l. belonging to you, and some letters.
Prisoner's Defence. With regard to Mr. Gardner, the statement he has made is entirely false; I had bought an article of him a year ago, and when I went again, I asked if he had another good second-hand watch—he said he had a friend who had a good one, and if I would call in a few days he would show it to me—I did so, and it was not a good one—he said he would make me one to my satisfaction—on Wednesday, 3d May, he gave me the watch, and I carried it in my pocket till Friday—I then told him it had lost two seconds; I left it, and he asked me to call in the morning, which I did—he then told me that I might keep the watch to try it, and pay him on 25th November—with regard to Mr. Elzinger, his man brought the watch to my house, and told me I might try it for three months.
GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner for a like offence.
MR. COOPER conducted the Prosecution.
sleep on the premises—you enter by a street-door, and in the passage there is a wainscoating by the side of the shop—the door leads into the shop and the wainscoating goes round. On Wednesday night, 6th October, I examined the shop before I went to bed—I locked up the till, and there was about 7s. in it in silver—the shop door fastened with a padlock—it was so fastened that night—I went to bed about ten minutes past 10. Mr. Gibson and his wife lodge on the first floor over the shop, and over that floor the prisoner lodged with his wife; I slept on the same floor as the prisoner—I do not know whether he was at home when I went to bed—he had a latch key and could go in and out when he pleased—on the Thursday morning I awoke about 7 o'clock—I went down and found a large piece of wood broken off the top of the door-post—I then went to the back part of the premises and saw that the wainscoating had been broken beyond the kitchen, so that a man could get through the hole: I examined the till and missed 5s. 6d.—I examined the oil drainer about 10 o'clock, and found in it a large quantity of burnt paper—there was oil in the cistern above, which must have been set fire to if the fire had reached it.
Cross-examined by MR. RIBTON. Q. Were you not disturbed? A. No; I sleep in the second-floor front room, and the prisoner slept in the back room—I think Mrs. Gibson has five children, they are all young—I was in sole care of the shop—it is my business to lock it up of a night—Mrs. Gibson did not tell me what had happened, I spoke to her about it directly I was up—I am never out after 12 o'clock, if as late as that; I am not often out, only once now and then; I generally go to my sister's—complaints have not been made to me of the door being left open, they have of the shutters of the shop being left undone—it was the prisoner who complained; it was about the screw being left undone—it was my business to shut the shutters—no other complaints have been made—I was once obliged to get on to the roof of our house, as the big latch lock had slipped and I had only the small latch key—it was about 8 o'clock in the morning that I got on the roof—I had not been out all night—I had gone out about 6 in the morning, and went home and returned to the shop at a little before 8—got on the roof—I did not knock because they were not up I think—that was the first time I had tried to get on the roof—I account to Mrs. Fontaine three times a week—stock had been taken about a month before this—I recollect a set of brushes which I gave trust for, and which I was not able to account for—the amount was 5s., it was not 5s. 6d.—I did not tell my mistress of it—I paid for the brushes myself—I had given the man trust for them a long while ago, it was before the stock was taken—I replaced them just before the stock was taken—I am not sure about the particular sum of money that was in the till—we keep a fire at the back part of the shop—there is a gas pipe which comes from the counter—we use that to melt the oil—I have smoked a pipe in the shop—Mrs. Gibson has a latch key now, but she had not then—she used to knock—she was in the habit, when going out only for a few minutes, of leaving the door open till she returned—she did that very often—I do not know that she did so up to 10 or 11 o'clock—it was the first floor back room window that I got in at; Mrs. Gibson and family sleep there, but it was then empty—there is a loft over the kitchen, but there is not room for anybody to sleep there; it is merely a space between the ceiling and the tiles—a person might lie concealed there; they tell me that the prisoner has been a soldier in the Grenadier guards—I know that he has been in the police—he resigned on the Saturday before.
MR. COOPER. Q. When you came down were the shutters down or up?
A. Up—when I took them down the bolt was right, and they were quite as I left them.
COURT. Q. Supposing a person was concealed in the loft, is there any way in which they could get except through Mrs. Gibson's room? A. They could not get to Mrs. Gibson's room from there, the loft is inside the kitchen—they could not get from there to the outside without taking the tiles off.
ELIZABETH GIBSON . I am the wife of James Gibson, a packing-case maker. In October last we lodged on the first floor of Mrs. Fontaine's house. On Wednesday night, 6th October, I went to bed about 12 o'clook—I had heard the prisoner come home at 11 o'clock, and let him in—he went up stairs into his own apartment—he had to pass our room to go there—he was very tipsy—I could hear his footsteps—we were having our supper—I afterwards heard him go down; that was between five and ten minutes after he came in—I could hear him speaking to his wife before he came down; she did not wish him to go out, but he would go—I heard him pass the door, but did not see him—I heard his voice; they were having a few angry words about going out—I know that he went out because I heard the door shut—I heard him come home again at about a quarter to 3 on Thursday morning—I was awake when he opened the street door—he went up stairs but remained only a minute or two, and came down again (my husband was awake)—when the prisoner came down, I heard a noise as if some one was putting their back and forcing the panels out—I heard that repeated three times—I heard the noise after he passed my door in about the time that it would take for him to get to the top of the stairs—I awoke my husband, and he heard it as well—I next heard the prisoner go up-stairs again; I knew his steps because I have heard him come home every morning for two or three months—he only remained up-stairs a minute or two and then came down again, and I heard a noise as though he was wrenching off the padlock—that was in about the time it would take him to get there after passing my door—I then heard him go through into the back part of the premises, and a few minutes after I smelt fire—I then heard him come up-stairs again, and my husband went to him and said, "Cramp, what have you been doing; have you been burning anything down stairs?"—he said, "No, I have no light; I have only just this minute come in"—I said, "You have been in this half-hour, doing something down at the shop—he made no reply, but went to his own apartment—I remained in my room, but my husband went down.
Cross-examined. Q. Did you go to sleep? A. After some time—the boy Evans sleeps over me on the second floot—he is not in the habit of staying out late; the latest that he stays out is 12 o'clock, and that is on Sundays; he lets himself in with a key—I know a person named Banks; I did not say to him "Sure to God he (Evans) has not done this to make himself right when he was bad in his books," nothing of the sort—the first time we took stock, Evans said that his books were rather deficient; that is the only time—stock had been taken two months and more before that; I think it was nearly time for taking stock again—the prisoner and his wife had lodged there nearly twelve months; he was there while he was a policeman—he resigned a few days before this.
JAMES GIBSON . I am the husband of the last witness, and am a packing-case maker. On Thursday morning, 7th October, I heard a knocking at the wainscoating below; I went out, and called out over the stair-case to the prisoner who was on the landing, and asked him whether he had been
burning anything—he said that he had just come in—my wife said, "Mr. Cramp, you have been in thia half-hour"—he said that he had just come in—I went down to discover whether any brown paper was burning, but could not find any—I found the partition broken away, and placed my head in it to see if I could smell any more burning paper and then went up-stairs—I have never seen this poker (produced) before; I found it there—no one has claimed it—I gave it to the lad Evans.
Cross-exmined. Q. Were you disturbed out of your sleep by your wife? A. Yes—I did not use the word "panel" to her, but the knocking against the panel still continued—I believe Evans was there that night; he was generally in by 10 o'clock.
WILLIAM COLEMAN (Policeman, G 128). On 7th October I took the prisoner—I went to his room next day to look for the fire-irons, but could find none—this piece of iron (produced) came off the door-post.
Cross-examined. Q. Is this another piece of bent iron? A. I did not find this in his room, but under the copper-hole in the wash-house—this appears to be what he used in his room as a poker.
WILLIAM EVANS (re-examined by MR. RIBTON). I never had any complaint made to me about the door leading from the street into the house, or about having any of the doors open—this policeman (G 211) did not complain to me in September about the doors—I do not know whether he is the person who complained about the shutter—I was called out of my bed once, that was for the bar of the shatters.
MR. RIBTON to JAMES GIBSON. Q. Is there a water-closet in the back part of the house down stairs? A. Yes.
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Four Years Penal Servitude.
MR. FRANCIS conducted the Prosecution.
EMMA ELIZA BARNES . I am the wife of Edward Barnes, a solicitor, in Essex-street, Strand. On 4th November, about half-past 4 o'clock, I was passing through Endell-street—when I got to the corner of Wilson-street, the prisoner dodged in front of me—there were three others with him—I jumped on one side to get out of his way, and he pushed his head into my chest, and pushed me with great violence—I staggered back and gasped for breath—he then made a pull at my bag; he did not succeed in getting it, because I had the chain twice round my arm—I then distinctly heard a click click, and he ran off with my bag—the other three made a way for him to pass the corner—I succeeded in passing through them, and pursued him, running in the road so as not to lose sight of him; but I lost sight of him in Charles-street—the other three persons were round him when he was
dodging me; they seemed to surround me; after the prisoner took the bag, they walked off very cavalierly—I could not find a policeman for sometime—I did at last, and gave him an exact description of the prisoner—I had a full opportunity of observing him; first, when he was dodging in front of me, and again, when I was pursuing him—I was sent for next day by the police to the police-station at Bow-street—I was shown three men—the prisoner was one of them—I recognised him directly—I have not the smallest doubt that he is the man that robbed me—I should know him anywhere.
Prisoner. Q. What do you know me by? A. By your general appearance—I described you as a little taller than myself, and I described your dress—it was not a very flattering description—the inspector took it down.
WALTER FORBES (Policeman, F 50). I took the prisoner into custody on 5th November, not on this charge—I had received a description of him before from the inspector—Mrs. Barnes was sent for—I was not present when she saw him.
Prisoner's Defence. On 4th November I was in the Eagle from 3 to half-past 3, and two witnesses can prove it; but the constable knows me to be a returned convict, not home a month, and that was the reason he took me—he went to the master of the barman of the house where I was, to persuade him against me, and he said he would discharge the barman if he came here for me—is it likely I should be guilty of men a daring act after not being home a month?—the constable has been told the names of the men who committed the robbery, and he has said, that, as soon as I am condemned, he will charge them on another case—this woman has been guilty perjury—I am innocent—I don't know the name of one of my witnesses; the other is Polly Griffin.
WALTER FORBES (re-examined.) I do not know of any other person being concerned in this robbery, except what the prisoner himself says and his friends—I have not said that, as soon as he is convicted, I would take up somebody else for it.
The prisoner was further charged with having been before convicted.
HENDRY ATTWELL . I am a superannuated police-officer. I produce a certificate (Read: "Westminster, October, 1854. Henry Fitzpatrick convicted of larceny from the person. Four Years' Penal Servitude")—I was present at the trial—the prisoner is the person. GUILTY .— four Years Penal Servitude.
MR. FRANCIS conducted the Prosecution.
ELIZA ANDREWS . I am a widow, and live at 3, Newman-street, Lincoln's-inn-fields. On the 5th November, at about half-past 1 o'clock in the day, I was passing along Eudell-street—I had a porte-monnaie in my hand—the prisoner Wright came unexpectedly upon me, and tried to wrench the purse from my hand—I resisted for the space of half a minute, but he at length succeeded in getting it—I called "Police," and ran after him about half-way up Short's-gardens—I then turned and saw I was surrounded by upwards of forty persons, and I thought it prudent to retrace my steps—I met a policeman, and gave him information—several persons were standing by at the time the attack was made upon me—I do not recognise Mitchiff as one of those—Wright is the man who attacked me and took my purse—I saw
him again about an hour and a half afterwards, in custody with Mitchiff, and I identified him immediately.
Cross-examined by MR. RIBTON. Q. I suppose you had never seen him before? A. No; the struggle between us lasted perhaps half a minute—the description that I gave of him to the policeman was "dark eyes, dark hair, a brown coat, rather good-looking, and about 22"—when I saw him afterwards, he was in custody—the policeman did not ask me if he was the man, what he said was, "Are either of these two the one that took your purse?"
JAMES KAY (Policeman, F 51). The proseeutrix gave me a description of the man that had robbed her, and in consequence of that description, I apprehended Wright about an hour and a half afterwards in Charles-street, Drury-lane—he was in company with Mitchiff—I had seen them in company together previously about half an hour before the robbery, in the Red Lion and Still public-house, that is about a hundred yards from Endell-street.
Cross-examined. Q. He lives in Charles-street, does he not? A. I always found him there—I do not know that he lives there with his sister—the lady said there was a young man in the road, and the person that robbed her was just such another, but very dark eyes, dark hair, and a brown coat—I saw that young man; he had not very dark eyes; he was a fair-complexioned man; I knew that Wright had been previously convicted; but that was not one of my reasons for apprehending him—the only reason I apprehended him was from the description; I swear that the previous conviction had nothing to do with it—I should have apprehended him if I had known nothing of his having been previously convicted—I did not apprehend Mitchiff—the prisoner's friends have told me that the persons who committed the robbery were Bowers and Buckley—I do not know persons of the name of Glover and Joyce—Buckley is a very short man, about the same height as Mitchiff—he has dark eyes and dark hair; I never saw him in a brown coat—Bowers is about the same height as Wright—he has fair hair, and not dark eyes—I never heard the name of Glover in connection with this case—I cannot tell how long Wright has been out of prison—I cannot be positive whether I had spoken to him a day or two before the robbery—I have spoken to him many times, when he and others have been obstructing the pavement—I do not make it a practice of looking after persons who have just come out of prison—I never said to him that I would have him before long—I never used any slang terms to him—I do no not know any—I searched him at the station—he had no money on him.
MR. FRANCIS. Q. Did he give you any address when you took him? A. Yes; 2, Newcastle-court—that is in the Strand.
JAMES HATTON . I am a cab-driver—on the afternoon of 5th November, about 1 o'clock, I saw Mitchiff run across Drury-lane, and down Charles-street, that is away from Endell-street—I saw another one, but I could not swear to him—some persons were following them.
Mitchiff. Q. What do you know me by? A. By your face, by your coat, and the appearance of you—you were running about the rate of twelve miles an hour.
MR. RIBTON called
ANN BARRY . I sell fruit in the street—I know the prisoner by sight—Wright lives with his sister in King-street, Drury-lane—that is the next street to Charles-street—I remember the day Wright was taken up—I recollect Mrs. Andrews being robbed of her purse; she was dressed in black—I was within two yards of her, at the corner of Endell-street—I was on
the left hand side, and she was on the right—I saw four young lads rob her; one was named Butley, another Joyce; I do not know the names of the other two, but I know them by sight, and see them every day in the week—on my oath Wright was not one of them.
Cross-examined. Q. Have you always gone by the name of Barry? A. It is my first husband's name; my second husband's name was Sir Timothy McDonald—I have known Wright not more than twelve months—he is not a friend of mine—he was never in company with my son; my son is a soldier in Ireland—I have a son in England, but he is not a friend of Wright—I never saw them together to my knowledge—it was about 2 o'clock when the lady in black was robbed; she made an alarm—I was not at the police-court—I cannot swear which of the boys took her purse out of her hand, but as I went home about 3 o'clock in the afternoon, I saw Joyce releasing his top coat out of pawn—I do not know what day of the month it was; I can neither read or write, but it was on Friday—I said to one of the lads, "You ought to be ashamed, to rob a poor body in the street"—and they said that they would knock my brains out—I did not see the lady go after them—I heard nothing till next day—I heard no cry of "Stop thief"—no one hallooed after them—three ran in the middle of the street and one on the pavement—I did not see Wright in custody—I never saw him till two or three days before he was taken—his sister asked me to come here; she lives in King-street, Drry-lane—she told me about it, and I said, "More shame for those that have done the deed"—she said that if I came with her she would give me my wages, so I came with her this morning—it was on a Friday; there was nothing to call my attention to that particular day—I was not at Bow-street when the prisoners were examined.
MR. RIBTON. Q. Do you know Wright's sister? A. By sight—she gets her living by selling things in the street—she came to me five or six days after the robbery was committed—I had only mentioned what I saw to a young woman who I saw in the street; I do not know her name; she lives in the neighbourhood—that was before Wright's sister came to me; and when she came, she asked me if I knew anything about it, and I told her what I knew—I did not mention it to the police—the sister asked me to go to the police-court but I did not—Wright was not one of the four who committed the robbery any more than any of you.
COURT. Q. Where have you known Wright for twelve months? A. Selling things in the street, but not constantly, sometimes once a month—he may have been in prison unknown to me.
WRIGHT— GUILTY . He was further charged with having been before convicted; to which he PLEADED
GUILTY.**— Four Years Penal Servitude.
MITCHIFF— NOT GUILTY .
MR. HORRY conducted the Prosecution.
WILLIAM KEEBLE . I am a labourer of 2, Queen-street, Hoxton—about half-past 8 on the evening of 10th November, I was in Commercial-street, going towards home; and some female rushed on me, and pulled me backwards, and another one put her hand into my waistcoat pocket, where I had 4s. 6d. quite safe five or six minutes before—I was not quite sober—I caught hold of the wrist of some woman—I put my hand in my pocket, and missed my money—I ran after them, and the policeman and a boy had got them—I went to the station with them.
Brown. You accosted Smith and tried to take indecent liberties with her. Witness. I had not spoken to any female.
JAMES HIGLEY . I live at 6, Alfred-place, Haggerstone. I was in the Commercial-road, and saw Smith jump on a man's back and pull him down while Brown knelt on him, and put her hand in his pocket—I saw that distinctly—they ran away, and an officer caught them—I had not lost sight of them.
Smith. You were not there at the time. Witness. I was not above a yard off.
WILLIAM NORMAN (Policeman, H 171). About half-past 8 on 10th November, I was near Commercial-street—I saw the prosecutor on the ground and the two prisoners get up from him and run away—I caught them—the prosecutor came up and said that he had been robbed of 4s. 6d.—they both said that they had not robbed him—I took them to the station, and found 8 1/2 d. on Brown, and nothing on Smith—I looked about but could find no money—they ran fifty or sixty yards—they saw me crossing over to them—the prosecutor was very drunk, but was quite sensible—I questioned him as to how he became possessed of the money, and he was able to give a clear account: he said that he had changed half-a-sovereign, lent 2s. to his companion and spent some more, but was quite certain he had 4s. 6d.
Brown's Defence. I know nothing about his pockets—this woman is quite a stranger to me—I had not seen her for five years.
Smith's Defence. He attempted to take indecent liberties with me and knocked me down, and this female picked me up.
GUILTY of assault with intent to rob . A female warder from the Westminster House of Correction, stated that Brown had been there 49 times, and Smith 6 times.
Confined Eighteen Months each.
MR. LILLEY conducted the Prosecution.
JOHN WILLIAMS . I am a painter of 25, Judd-street. On the night of 5th November, I was with a female in a public-house, opposite York-street, Pentonville-hill—the prisoners and another female were there—I left the female I was with to go home, and the prisoners and the other woman followed me—I was sober; I knew what I was doing—I went to the door of a brothel about a quarter of a mile from the public-house—I went into a room and sat down on the edge of the bed—I rose up again to go, and found my watch guard swinging, but felt my watch in my waistcoat pocket; I took it out and put it into my trousers pocket—the swivel was cut—that was not above five minutes after I went in—during the whole of that time all the three women were in the room—I was thrown on the bed by all three of them and found Field's hand in my trousers pocket—I squeezed her hands hard and made her drop the watch into my pocket again—I hallooed "Police" as hard as I could call—I was thrown on the bed again, and Smith and another one caught me by the arms, and the other by the throat, and with one hand over my mouth, and then my watch went—when I was nearly strangled the police came in, and I gave them in charge—one of them left the room before the police came—I have never seen my watch since.
Cross-examined by MR. HORRY. Q. At what time of night was this?
A. Nearly 12 o'clock—I had been walking to one place and another since 6 o'clock, and I stopped at a public-home a little time—I had not been in several person's company, only with a young man and a female—I went into two public-houses—I did not meet the prisoner while I was with the young woman and leave her and go to Smith—I did not accost Smith—I refused to go into the house but was shoved through the passage—I did not speak to Field or Smith till I got to the door of the brothel—I mean to tell the jury that the three women pushed me in against my will—the room is on the ground floor—I put my watch in my trousers pocket before them all; that was because I thought it would be more safe there—I cannot say exactly what money I had, but about three or four shillings—I had more than that but not on that side—I and Smith did not go into the room together, leaving Field outside—Smith did not scream—I did not want her to take 3 1/2 d.—I never offered a farthing to any of them—I did not then try to put Smith on the bed, nor did she then scream and bring Field in—I have not seen the other female since.
MR. LILLEY. Q. Was your guard broken when you went into the house? A. It was not; I saw my watch when I was in the room.
EDWARD GREEN (Policeman, G 106). About half-past I on the morning of 6th November, I heard a cry of "Police" from 6, Paradise-street, which is a brothel—the outer door was closed but not fastened—I pushed it open, turned my lamp on, and saw Field holding the prosecutor by the throat and Smith had him by the hair—he was struggling with them—I pushed them back into the parlour, and he said that he had been robbed of his watch—his chain was hanging down—I took the prisoners—I had met a woman in the street who I do not know; she was coming in a direction from 2, Paradise-street.
Cross-examined. Q. Did you hear any scream? A. I heard a cry of "Police"—the house is a very low brothel; there are two parlous front and back—this was near the door—you can go easily into the room—it was a man's cry.
MR. LILLEY. Q. How many rooms are there in the house? A. Only two down stairs—it is a very small house—it is not so far from the front door to the back parlour as I am from you.
SMITH— GUILTY .† Confined Eighteen Months.
FIELD— GUILTY .—She was further charged with having been before convicted.
GEORGE BALDER (Policeman, G 1). I produce a certificate (Read; "Clerkenwell Sessions, Oct. 1857; Jane Field, convicted of stealing a watch from the person—Confined Twelve Months")—Field is the person—GUILTY.
Confined Eighteen Months.
NEW COURT.—Monday, November 22d., 1858.
Before Mr. Common Serjeant and the Fourth Jury.
MR. METCALFE conducted the Prosecution.
CHARLES COCK CHRISTIE . I live at Liverpool—I am a spirit agent and distiller—we receive consignments from large distilling houses in Scotland and Ireland—Oldfield and Co. were our agents. In May last we advertised for some other person to sell amongst houses in town—shortly afterwards we received a letter from Mr. Rikey—this is it—I have acquired a knowledge of his writing since; it is his writing—(This was dated May 13, 1858, offering his services as agent: stating that he had had considerable experience in the trade, and could give satisfactory reference and security.) In about four weeks after the receipt of the first letter I saw Rikey at a hotel in Fleet-street—he then told me he had been with Sealey and Mordan in Mark-lane for twelve years, and he was in the habit of meeting the principal wine-merchants on 'Change, and he could do a very large business—I asked him to name some, and he mentioned a great many that I knew by name to be very respectable—I asked what security he could give, and he said a security of a life interest that he and his wife had in some property—he said he had the title deeds with him, and he produced some parchments—on 19th July, I received another letter from him—I think I did not see Rikey again before I sent up any whiskey—it was partly in consequence of the conversation I had with him and the subsequent letter I sent the quarter cask—I received another letter, but it contained so much nonsense that I destroyed it—I afterwards received other letters from him. (A number of letters from Rikey were here put in and read in part:—in one dated July 19th, he stated that the security he had to offer was a reversionary life interest in freehold property, producing 270 l. per annum, but as no money would pass through his hands, he submitted that no security would be necessary. In other letters he referred to Thurgood as a person who had given orders for whiskey, and stated that he was a person of property, and respectability, and to be trusted. He also stated in other letters that he had been introduced to a Mr. Mead, a partner in one of the New York banks, who would buy largely, and whose agents were the Union Bank of London.)
Q. Did you, beside the quarter cask of whiskey, send anything else? A. Yes, I sent nineteen hogsheads and one puncheon—they came by bond to London—I sent them in consequence of these letters—I did not quite believe the representations—I think I wrote the day before the whiskey was checked, the nineteen hogsheads; and I came up to London myself before they got out of bond—I sent the quarter cask certainly in consequence of my belief in the representations made to me—having sent the nineteen hogsheads, I came to town a day or two afterwards—I saw both the prisoners—it was on 24th September that I met Rikey—he brought a person he called Mead with him—I saw them at Mr. Oldfield's, 29, Mark-lane—I asked him why he had not brought the third one—he said he expected he would come about 12 o'clock—he did not come—I asked him to give me the address of various persons that I might go and make inquiries—I asked him about Thurgood and he said he was possessed of about 4,000l. in money to his knowledge—I asked him if he was married; he said, Yes—I asked him to whom—he said, To Mr. Howlett's daughter; that her father had kept the Marquis of Camden public-house in Camden-town; that he had sold it about three months ago for 3,000l., and he said Thurgood would get about 15,000l. from him—I asked him if Thurgood did not live with his wife; he said, No, Mr. Howlett had a fancy for his servant, and she was living with her father to prevent his making over any of his property—he said Mead was a New York banker—he said, This is Mr. Mead of the Atlantic Bank,
New York; and the Union Bank were the agents for his bank in London; and I should get a bill from his bank, and this bank would accept the bill for the forty-five hogsheads of whiskey—I asked him to remain while I sent to the Union Bank to inquire—a person of the name of Smith went there and made inquiry—he came back and made a statement to me—I went to 2, Albert-terrace—I found there a dwelling-house with four or five rooms—there was no appearance of business or any warehouse—on the following Monday, the 27th September, I saw Thurgood and Rikey together at 26, Philpot-lane; that was the first time I had seen Thurgood—Rikey met me at Philpot-lane, and then Thurgood came in and Rikey said, "That is Mr. Thurgood," and then he wanted to know why I would not allow the delivery of the nineteen hogsheads and the puncheon of whiskey—I said that I would not part with it till I had got undoubted security for the money—he said he could give me security and he wanted me to meet him at 2 o'clock at another place—I met him at 2 o'clock at Mr. Wells' office in Moorgate-street—I went there and saw Thurgood—Rikey went with me—I saw the person that I suppose to be Mr. Wells, and he said Mr. Thurgood was very respectable and possessed a good deal of property—he said Thurgood was perfectly good for the delivery of the whiskey, and I might take his bill—I had some officers outside, and gave them in custody—I saw Mead once more, I met him in the street on the day that Thurgood and Rikey were committed—I think I had not seen him again before—Rikey said that Mead had so much confidence in Thurgood, that he would guarantee the debt for a small sum.
Cross-examined by MR. ROBINSON. Q. What part of the world do you come from? A. From Perthshire—I had had agents who had been appointed perhaps a month or six weeks before—I did not get many orders from them—that proved a family trade—Rikey was to do what he said he would with wine-merchants and merchants, leaving samples with them—Oldfield knew that Rikey had been appointed by me—I think, in the first letter that Rikey mentioned Thurgood's name, he gave his address, 2, Albert-terrace—that was the place where I found Thurgood at—I can't tell the date when I sent the eighteen gallons; it was early in September—I had written to Rikey, asking him to meet me at Oldfield's, and, in consequence, he did meet me there—I am not well acquainted with London—I have never been more than perhaps a dozen times to London—when Rikey was taken, his letter-book was found on his person—he carried it about with him—it is in the hands of the police—several of the letters were read before the Magistrate—( The following ltter was here read: "To Edward Thurgood, Esq. Dear Sir Christie—Mr. Mead will inform you what passed in his presence; I after put on the big pot only as far as is consistent with truth. Will you please make an appointment to see him on Monday morning, where you please, and should you be kind enough so to do, I will call for it to-morrow and post it in the locale post in—Street, and he will have it when he gets to Oldfield's, 26, Philpot-lane. This day have a letter from a second quarter, stating the money can be obtained—the notice to repay six months, not three months; so now matters can go ahead. Rose was in such a devil of a hurry he would not give me time to go and see into this, and you know how I have been enga ed the last three days. Please put my name down for five copies of the sublime work you are going to publish. C. is most anxious about the export order; he named it five or six times. I said forty-five to fifty puncheons, and all depends on his and your arrangement on Monday. I will call on you on Monday morning about 1/4 to 9, as I am to meet C. at O. & O. & Co.'s at 10 A.M. In haste—Yours truly. John Rikey.")
Cross-examined by MR. SLEIGH. Q. On the morning of Friday, you saw Mr. Thurgood in London, had you been the day before inquiring about him? A. No; I came to London late the evening before—I did not go on the morning after my arrival to Albert-terrace—it was by an appointment made by me that I met Thurgood and Rikey at Oldfield's, and it was by appointment I met them at Wells on the Monday—when Thurgood asked me why I objected to the whiskey being delivered, I asked him if he would pay the 18l.—I asked him that at Oldfield's—he said he was quite prepared, but he would not till he knew about the others—I did not tell him on the Monday that I had officers waiting to take him—I know that when he was taken, there was 31l. found on his person—I should think I was talking with him for ten or fifteen minutes before I gave him into custody—I was quite prepared to give him in custody, but I considered for a few minutes whether I should or not—I managed to get out of them that they had not got means—they said they could give plenty of security, and if they had given me security, I should not have taken them.
MR. METCALFE. Q. If you had had security or the money, you would have delivered the whiskey? A. Yes—in consequence of my inquiries, I satisfied myself that they could give neither the one nor the other.
MR. SLEIGH. About this Mr. Mead—did you see him on two separate occasions at Guildhall, while these persons were under their examination? A. He heard his name mentioned one day, and then he made off—I saw him on the first occasion—I think I did not see him on the second examination—I believe I did not see him except the first day his name was mentioned—I am not aware that I saw him afterwards; to the best of my recollection he was not there—I remember your making an application at Guildhall that Thurgood should be admitted to bail—I don't recollect that I saw Mead at that time—I went with the officer to find him, but I could not—they said he had changed lodgings—I have not been able to find him since.
HUGH BROOK (City policeman, 167). I took both the prisoners in custody on the 27th in Moorgate-street—I searched Thurgood and found on him three 10l. Bank of England notes, a sovereign, a letter addressed to him by Rikey, and a duplicate of a gold watch and chain—he said he was a surgeon.
Cross-examined by MR. ROBINSON. Q. The letter-book was quite full, was it not? A. Yes—I don't know whether there were copies of all the letters which have been read—I have not read them.
Cross-examined by MR. SLEIGH. Q. Did you not also find some bills of exchange? A. No; not in his book nor on his person, nor at his lodging—I found no bills of exchange—all the papers that I found are her?—(The witness was desired to look over the papers, and he found a bill) here is one bill—I think I have seen this bill before, but I did not recollect it—I believe I saw it before—here is another bill for 60l.—I have not observed this before.
MR. METCALFE. Q. You found both these amongst Thurgood's papers? A. Yes—I heard a Mr. William Rose mentioned—I saw him at Thurgood's lodging—I have endeavoured to apprehend him, but did not find him.
THOMAS EDWARD STUNT . I am a messenger of the Court of Bankruptcy—I produce the proceedings against Edward Thurgood, a builder and contractor and commission agent—the prisoner Thurgood is the person who was adjudged a bankrupt on 21st July, 1856—the amount of his debts was 331l. 3s. 9d.—he has not paid anything—I was present at the examination—I know Thurgood was the person.
MART ANN HARVEY . I live at 2, Albert-terrace, Camden-town, and am a widow. Thurgood lodged with me—he commenced on Easter Tuesday, 6th April—he continued there till he was taken in custody—he had two rooms on the first floor—he did not carry on any business at home—I am not aware that he carried on any elsewhere—I have Keen Rikey visit him; sometimes two or three times a week—I have seen Mead there; he was there a great deal more than Rikey; he was there several weeks before the whiskey came—I remember a large cask of whiskey coming by some carrier—it stood in the hall for three weeks—it was then drawn off—Thurgood and Rikey were both present—Rikey tapped it—it was drawn off in gallon stone bottles—I don't know what became of it—there were six gallons left behind—I believe one five-gallon bottle and one other bottle were left—I fancied that I saw Rikey going out with a bag about the size of a bottle of whiskey—Mead was there at that time—he was not there when the whiskey was drawn off—he came in the evening.
Cross-examined by MR. ROBINSON. Q. It was in the passage, and any one could see it? A. Yes—Med was not there long before the whiskey came—I have not said that Mead came before Rikey.
Cross-examined by MR. SLEIGH. Q. Thurgood used to go out about 9 o'clock in the morning? A. No; not so soon as that: he went out before 12—he behaved like a respectable man, and was very regular—I don't know where he used to go—he talked about going to Mark-lane—he did one day say he was going into the whiskey-trade—I did not hear him and Rikey talk about the price of whiskey—I was not in the room.
MR. METCALFE. Q. When was it he said he was going into the whiskey-trade? A. After he had drawn off the whiskey—he had not told me that he was going to leave.
THOMAS FOTHERINGHAM RANKEN . I am clerk in the Union Bank—we are not agents for any bankers of the name of Mead, at New York—we are not in correspondence with any party of that name—I never heard of such a banker's there.
EMMA SOPHIA FOULGER . I manage some offices at 17, Mark-lane—there were some offices to let, and the two prisoners and another person came together to engage some—it was in the middle of the day, and about the latter end of September—they said the offices were wanted for bonding spirits—Mr. Rikey said he was their traveller—they were not accepted.
Cross-examined by MR. ROBINSON. Q. Do you know that they gave a reference? A. I did not know it, but I had a letter handed to me—I believe that the landlady went to the reference.
MR. METCALFE. Q. Did you receive a letter from the landlady, and did she direct you not to accept them? A. Yes—it was quite at the end of September—I don't know whether it was after they were given in custody.
RICHARD HOWLETT . I formerly kept the Marquis of Camden tavern—I live in College-street, Camden-town—I have a daughter—I put the question to her whether she is married to Thurgood, and she denied that she is—as far as I know she is not—she lives with me and has always lived with me.
Cross-examined by MR. ROBINSON. Q. Do you know Thurgood? Yes—I know he was on terms with my daughter, accompanied with his mother and sister.
Cross-examined by MR. SLEIGH. Q. How long have you known Thurgood? A. About four years—he is a surgeon—I have heard he entered into some building speculation—my daughter is entitled to money in her own right.
MR. METCALFE. Q. Have you applied to the police once or twice to keep Thurgood from your house. A. Yes—I locked him up once or twice.
MR. SLEIGH. Q. Don't you know his family are highly respectable, and that he has expectations from them? A. I know his family are respectable.
MR. SLEIGH called
Cross-examined by MR. METCALFE. Q. Have you known that your father has given him in custody two or three times? A. Yes, I have heard something of his being tried—I have heard that he was tried for a Post-office robbery—I never heard that he was taken for stealing a 50l. note till yesterday evening.
MR. SLEIGH. Q. Do you mean it was mentioned by the learned counsel? A. Yes; I heard about the Post-office, it was in 1843—it was letterly I heard of it—I heard it occurred in 1843, that is a long time ago—during the last three or four years I have not known him to be guilty of any dishonest action—what my father gave him in custody for was not for any dishonest action; I believe it was something between my sister and him.
Three other witnesses gave Thurgood a good character.
THURGOOD— GUILTY .
RIKEY— GUILTY .
Confined Eighteen Months each.
OLD COURT.—Tuesday, November 23rd, 1858.
Before Mr. Recorder and the First Jury.
10. DANIEL FERRIS (21), was indicted for a burglary in the dwelling-house of Joseph Weatherley, and stealing 2 teapots, and other goods, his property, and having been before convicted of felony; to which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Eighteen Months.
MARIA HILLIER . I am servant to Mr. Robert Godlington of 40, St. John's-park, Upper Holloway. On the night of 17th October, I went up-stairs about five or ten minutes past 10—I had fastened the house before that—the doors were all fast, and all the windows except the back kitchen window; that was quite closed, but there was nothing to prevent it being opened—there were six knives and forks left in the back kitchen—I came down next morning at twenty-five minutes to
7; I found the window wide open—I missed six forts and two knives—these (produced) resemble them—I believe them to be the same; they are exactly like them—there is no particular mark, only the maker's name.
EDWARD PERFECT . I am seventeen years old, and live at 21, St. James'-road with my mother—I know the prisoners—I was with them on the night of 17th October, at St. John's-park—Prail got over the wall of Mr. Godlington's house, and went in at the window, and came back and said to Flatt that it was unfastened, and they went back and both entered the house and brought from it six forks and one knife—I was on the other side of the wall—they came back and said that they could not get any farther—we all had two forks each—I gave mine back to Prail and he took them to Mr. Armstrong's rag-shop, and sold them—it was about half-past 5 in the morning when they went into the house—I had been with them all night.
THOMAS ENGLEFIELD . On Monday morning, about 17th October, I went near St. John's-park—I saw three lads come away from the back of the prosecutor's house—I know Flatt—I could not recognise the last witness—there were three, and Flatt was one of them—I did not say anything at all to them—it was from twenty minutes to half-past 6 in the morning—I heard of this robbery that afternoon—I saw Flatt again at Clerkenwell; he was net alone; I believe there were six or seven persons with him—I picked him out as being the person I had seen that morning—I cannot speak positively to either of the other persons—I could not swear that Perfect was one.
Flatt. He said at first he could not swear to me, and the constable said, "Yes you can, you know him very well," and then he was positive. Witness. That is not true, I fixed on him at once; he had a different cap on.
JAMES ARMSTRONG . I keep a rag-shop at 1, Wellington-road. On Monday, Perfect came to me with these forks—I saw Prail as well; I saw him at first at the door—Perfect offered me four forks; they wanted a shilling for them—Prail was outside—Perfect asked one shilling for them—I said I did not want them; he pressed me very much to have them and I offered sixpence—Prail came in and took the sixpence—I bought these four forks for sixpence—I did not see the knife—they both went away together.
ROBERT GOULD (Policeman, N 40). In consequence of information, I took the prisoners into custody at a beer-shop in the Holloway-road—I found this knife at the beer shop, but the woman who kept it could not swear who left it.
Prail's Defence. I had nothing to do with it; I went to get the sixpence because he owed it to me.
Flatt's Defence. I am innocent of what I am charged with—the policeman there is bribing that boy to get us in charge—he said to him, "I will give you some money if you will give me any information about the robbery, and I will get you a place'—and the next time he came down, the constable was talking to him and treating him, and took him into a public-house and gave him some beer, bribing the lad to swear against us.
Flatt was further charged with having been before convicted.
before convicted;Four Years Penal Servitude")—I had that prisoner in custody—I was present at the trial—Flatt is the person.
FLATT—GUILTY.— Six Years Penal Servitude.
PRAIL—GUILTY.— Confined Three Month.
The officer stated that Prail had been led away by Flatt, and the prisoner's mother undertook to send him to sea at the expiration of his imprisonment.
MESSRS. LILLEY and PLATT conducted the Prosecution.
JONATHAN CADDY . I live in Cornwall, and am a sailor. On the 17th of this month I was paid off from the ship Maria, at Tower-hill—I received 4l.—I bought a pair of shoes with part of it—I had 3l. 7s. 6d. left, in one corner of my comforter, and eighteen-pence in the other—that was all I had—I wanted to go down to Liverpool for another ship—I went to the railway-station at King's-cross—I left my bag there ready for starting next morning—I got there in the afternoon about 2 o'clock—between 2 and 10 o'clock I occupied myself by having a walk part of the time, and part of the time I was in the Iron Duke public-house, where I left my bag—about 10 o'clock I went out for a walk—I had three shipmates with me—we fell in with three or four girls—my comforter was then round my neck—I had the Guernsey frock on that I have to-day—after we met the girls we went into a public-house, and called for a quartern of rum—I drank one glass of it—we went into another public-house where I drank one glass of rum—after that I went into a house with two girls—my shipmates had gone away—after drinking those two glasses of rum, I was just as sober as I am now—when I reached the house in Hope-court, the prisoner and the two girls took me up-stairs—it was there that I first saw the prisoner—she asked me for some money to get something to drink with—I gave her half-a-crown which I took out of my hand—I had been carrying it in my hand all the time—I had 3l. 7s. 6d. in one corner of the comforter, and 1s. 6d. in the other, but I had half a-crown besides, which I kept out to spend for the evening—after I had given the half-crown to the prisoner to get drink, I took off my comforter and frock and laid them down on the bed—the prisoner took the comforter up and looked at it; I took it away and threw it on the bed again—she then took a knife that she had in her hand, cut the end of it off, and went down-stairs—both ends were alike—the end she cut was tied up with a piece of twine—she cut the end in which the 3l. 7s. 6d. was—I was sitting on one end of the bed, speaking to the other girls, who were in the room at the time—after she had cut the end of the comforter, they ran down-stairs, the three of them together—the prisoner ran first, and she sung out for her husband as she ran—I was afraid to go down-stairs—I sung out "Police" as hard as I could, from the window, and a policeman came—I knocked out the window intending to jump out; but I saw a policeman outside and called him—I did not hear any person below when the prisoner cried out for her husband—the policeman came into the passage, and came up to the door—I then walked down-stairs—the girls were gone—the prisoner was standing by the door, just outside—I told the policeman to take her in charge for stealing my money—I told the policeman how it was stolen, and showed him my comfortet—one end of the comforter was left behind—the policeman has it—he took the prisoner into custody—that is all I know.
Cross-examined by MR. HORRY. Q. When the prisoner sung out for her
husband, no husband came, I believe? A. No, I did not see him—I did not see a man at all there—I have explained where I was before I met the girls—I do not remember being at the Bull public-house—I do not remember being at that public-house with these girls and drinking much more than two glasses of rum—I recollect drinking two glasses—that was all I did drink—I am sure I did not drink a great deal more—I do not remember being at a public-house and pulling off ray jacket to fight one of my mates; nothing of the sort—I never had a jacket on—I did not pull off my frock nor offer to fight one of my mates; I am quite sure of that—I did not take my guernsey and comforter off at that time, and offer to fight my mate—I had not my guernsey off during the day—I did go out of a public-house and then go back to it again—my mate was going away by the time I came back—I did not begin to drink rum again—no fighting took place—I broke the leg of the bedstead in the prisoner's room to defend myself—the chain were too strong—I did not break any of them besides—I tried to break one to get the leg off a chair instead of the bed—it was a four-post bedstead—it took no time at all, or very little, to break the leg off—no chair was broken by me—I was frightened to go down-stairs, I did not know who was there—I broke a fender that goes round the fire-place—I broke that in trying to break the leg of the chair—I never saw a table there—I only tried the fender on one leg of the chair; I did not break any—the prisoner took up my comforter and looked at it—I had not been into at least three public-houses before I went with these girls—I had not been drinking with other girls, besides these two, in the course of that evening.
MR. LILLEY. Q. Had you drank any more spirits during the day, but the two glasses of rum? A. No, nor beer—I can play at single-stick—I took the leg of the bedstead to defend myself.
THOMAS JONES (Policeman, G 165). On the night of 18th November, or early in the morning, my attention was called to 2, Hope-court, a house of ill fame, near King's-crow, in St. Pancras parish—I heard a cry of "Police"—it was a man's voice that I heard; it seemed to come from the first floor window—upon going to the house, I saw the prosecutor looking out of the first floor window—he said he had been robbed—he remained until he law me, and then he came down to the front door—he said he had been robbed of 3l. 7s. 6d.—he told me how he had been robbed—when I came up to the door; I saw the prisoner against the door—I knew her before; she and her husband keep the house—the prosecutor said in her presence that she came with a three bladed knife and cut the end of this off, where his money was—I went up-stairs and found the comforter under the bed—he said they immediately arn down-stairs all together with the candle, and called for her husband, and left him in the dark room;—the prosecutor might have had a glass, but he knew very well what he was doing.
Cross-examined. Q. The prisoner and her husband keep the house, I believe? A. Yes—the prosecutor was sober, he might have had a glass—I went up-stairs—the room was rather upset—the leg of the bedstead was not off, it was wrenched a little out of its place—the room certainly was very disorderly.
COURT. Q. What did the prisoner say when the prosecutor said that she had cut the end of his comforter? A. She said the prosecutor gave her half-a-crown to go and fetch some brandy with, and that was all she knew about it.
Witnesses for the Defence.
Caledonian-road—I do not know the Bull public-house—I saw the prosecutor with two others on the night of the 17th, between 10 and 11 o'clock, in the Royal York, Mr. Grocer's, opposite the Northern Railway—there were three females with him then—the prisoner was not one of them—the prosecutor was in front of the bar drinking half-pints of rum—they had five or six half-pints of rum while I was there playing—he partook of the rum with the females—he was drinking it like water—I saw him pay for some—I should say he was half and half as to sobriety, at that time—they had a bit of wrangle and disturbance and they left the house—I did not see him again—he was half intoxicated when he left the house.
Cross-examined by MR. PLATT. Q. You called yourself a professional, what do you mean? A. I play on an instrument—I can paint my face black or white—I had four glasses of rum myself—there were the other two sailors drinking with him, besides the three women—they were having it among themselves—they all went away together—there was a bit of a wrangling.
STEPHEN CARTER . I am barman and potman at the Bull public-house—I saw Caddy there about 12 o'clock, on the night of the 17th—one shipmate came in with him—he was not sober—I saw him go out—two females went out with him—that was at 12 o'clock—I did not see him come back again—he came in twice that night with females—I think they were the same females both times—he had two or three quarterns of rum and shrub.
Cross-examined. Q. He was treating a great many persons as sailors do, was he not? A. He was only treating these two girls—there was one messmate with him part of the time.
COURT. Q. What made you think he was not sober? A. By his staggering about—he did not stop in the public-house long the first time—he was not in above an hour altogether—he was not drinking all the time—he did not have above three quarterns of rum and shrub all the time,between him, and his messmate, and the two women.
GUILTY .†— Confined Eighteen Months.
The officer stated, that the prisoner's house was a place of resort for thieves, and a great number of robberies had taken place there.
MARTHA BELLAMY . I am the wife of Edward Bellamy, who keeps a coffee-house in Barbican. On 26th October last, I met the prisoner at the bottom of the staircase—I had not seen him the night before—he slept in my house; my husband had let him in, and he paid my husband over night for the room—after he left, I went into the room that he had slept in, on the second floor front, and missed two sheets and a pillow-case, that were safe when I made the bed the night before—I informed my husband at once—he ran after him and brought him back in about five minutes—I am quite sure he is the person that bade me good morning at the bottom of the stairs—these (produced) are the two sheets and the pillow-case.
Prisoner. Q. Do you know, and can you swear, that these two sheets and pillow-case belong to you? A. I know them by my own sewing—they are not marked, because they are new—I examined them the night before—I had taken them from the washing the night before, and put them on the bed—I swear that you are the person that took them—you owned yourself guilty at the bar, and asked me to forgive you.
EDWARD BELLAMY . I am the husband of the last witness—I saw the prisoner the night before—I let him np-stairs in the second floor front, and the next morning my wife gave me some information and I pursued him—I found him in Beech-street, about 250 yards from my house—I caught hold of his arm and told him I wanted him, and then called the police—nothing was said while I was there—I gave him at once to the policeman.
Prisoner. Q. How do you know that they are the sheets? A. I do not swear to them—nothing took place—I asked you to come back along with me, and I then called to the officer—you did not refuse—you came back when the officer came up.
WILLIAM AMIES DENNY (City policeman, 70). I received some information from the last witness, and he gave the prisoner in charge for stealing two sheets and a pillow-case—the prisoner made no answer—I accompanied him back to the house—I there searched him and found on him the two sheets and the pillow-case, buttoned underneath his coat—I asked him his addrew—he paid he had no fixed residence.
Prisoner's Defence. I was about two hours seeking for a lodging—I could not find it till I found this place open, and I went in and got a lodging there—I had purchased these articles the day before from 10 till 11 in the morning, and kept them with me, intending to go down to my friends in the country as soon as possible; I bought them with my own money and no one can prove otherwise—I take my oath before my Maker that I bought them and they are my property.
GUILTY .— Confined Twelve Months.
There were two other indictments against the prisoner.
THOMAS FICKXING . I am carman to Mr. Arthur McNamara, a carrier in Castle-street, Finsbury—I went to Billingsgate market between 7 and 8 o'clock on the morning of 30th October—several of my master's-vans were there—I saw the prisoner take one of the pads of herrings off the van, and I followed him to the corner of St. Mary-at-hill—T stopped him there with the herrings on him, and gave him over to the constable, herrings and all—I said nothing to him when I took him—he merely said to me, "Let me go."
GUILTY .— Confined Six Months.
DALEY PLEADED GUILTY .**— Confined Twelve Months.
MR. BEST conducted the Prosecetion.
WILLIAM HENRY CASTLE . I am a grocer and cheesemonger at 34, New North-street, Finsbury. On the night of 3d November last, about twenty minutes past 12, I was coming down Long-lane in the direction of Barbican—I saw the prisoner Burridge there—we walked together some short distance, about fifty or sixty yards by ourselves—when we had got that distance Daley joined us—we went some short distance up a court—Burridge wanted me to go home with her, which I refused—they continued to talk to me to some extent and while so doing they robbed me of my watch—I felt my watch safe while I was in the court, in my waistcoat pocket—I found it was gone the moment they ran away—I called for the assistance of the police—this (produced) is my watch—it was fastened by a chain—it is minus the ring now.
Cross-examined by MR. SHARPE. Q. Is there any mark you know it by? A. Two, one across the crest, which is a scratch; by the crest I mean the plain part in the centre—my watch had not a crest on it, I call it a crest; there is a scratch on that place—and on the day I lost it, I dropped it, and bent the hinge of the case—that is the other mark I know it by—I helped with the constable to ran after these women—I saw them both taken—I saw Burridge taken into custody—I did not lose sight of her from the time I was in the court to the time that she was taken into custody—she was taken about three hundred yards from the court—they did not run—they were walking off—I did not say they ran—they ran out of the court—I did not see them all the three hundred yards—I did lose sight of Burridge before she was taken into custody—I thought you asked me from the time she was taken into custody—I did lose sight of her between the time she was in the court and the time she was taken—I saw her again not three minutes after the occurrence had taken place—I had not seen her before that evening—the court was a very dark court, it is the back-way to some premises—she came up to me nearly thirty or forty yards before the court—I felt my watch in my waistcoat pocket, before I was robbed—I had my hand on it—my coat was unbuttoned—I was robbed between them—I could not say which it was that put their hand into my pocket—Burridge having accosted me called Daley, and while they were together I was robbed, by which I know not—I do not know whether they are women on the town—they both accosted me as such—I had been to Weston's on Holborn-hill—I had had several glasses of gin and water, or brandy and water, or something there; I cannot say as to the number—I had not been to any other place—at the time I was accosted by the prisoners, I was a little under the influence of the liquor.
MR. BEST. Q. I suppose when you lost the watch it sobered you a little? A. A little—I can swear that Burridge is one of the women that were with me in the court.
JOHN MURPHY (City policeman, 160). On the morning of 4th November last, about 1 o'clock, I heard a cry of "Police," and went towards Barbican—I saw the two prisoners running in the direction of Aldersgate-street, and the prosecutor running along the road in a staggering manner—I ran in the same direction, and he pointed out the two females on ahead as having robbed him of his watch—I followed them; and overtook them as they turned into Aldersgate-street—they were running—Daley was a few yards in advance of the other—I followed Burridge; as she turned round Aldersgate-street, she threw her shawl from her shoulders and held it in her left hand, which formed a festoon behind her, and I, treading on it, nearly tripped me up—I eventually took her into custody—I took them both at one time.
Cross-examined. Q. How did you do that, if one was five or six yards ahead of the other? A. In being tripped up I ran against Burridge and so ran her against the other prisoner—I do not think she held her shawl as she did, purposely to trip me up, but it had that effect upon me—when I saw these two women they were running—the prosecutor was in such a state that I do not think he was capable of telling what they were doing—I first saw them about twenty or thirty yards from the court—I did not say to the prosecutor, "There are the two women that robbed you of your watch"—he pointed them out—I did not find any watch—I found nothing on Burridge that belonged to the prosecutor.
MR. BEST. Q. Were there any other women running in the street,
besides these two? A. Daley was surronnded by three or four women as I ran Burridge up against them—before that they were entirely by themselves—I know Burridge to be a woman on the town.
GEORGE BORLASE CHILDS . I am surgeon to the City of London Police—I examined both the prisoners on the morning of 4th November last, and on the person of Daley I found a gold hunting-watch—it was up the vagina, close on to the womb.
BURRIDGE— NOT GUILTY .
MR. BEST conducted the Prosecution.
JOHN HARPER . I am a milkman, and live at Noble-street, Clerkenwell—I was in Lower-road, Islington, on Saturday, 30th October last, about 11 o'clock at night; and the female prisoner asked me if I would stand a drop of gin, and I stood a quartern of gin—alter that we came from there and she said she should like a drop of beer—she asked me to go to the Pied Bull public-house and we did, and had a drop of beer there—I then had my purse, containing 7s. 6d., in an old tobacco pouch in my left hand pocket—the male prisoner was standing at one corner in the public-house—he came up and said, "Have you got any money?" I made no answer—he put his hand in my pocket, and as I was trying to get his hand from my pocket, he up with his hand and struck me in the face, and he and the female prisoner pushed me out at the door—the female prisoner pushed me out—I cannot say what became of them—I came out and stood with my head against the post, and my nose and mouth were bleeding; I went across to a policeman and told him of it—I had my money and purse before I went into the public-house—I had halfpence to pay for the beer—I had the purse in my pocket, and immediately I came out I mined it—I was not drunk—I had had part of a quartern of gin, and a drop of beer.
Cross-examined by MR. RIBTON. Q. How many women did you go into the house with? A. Two females—I met them coming through Compton-passage; and coming along the females asked me to stand a drop of gin, and I did—the female prisoner and her sister were together at first—it was past 11 o'clock—before this I had left my father, who lives in Compton-passage, and had gone to my wife—that was before I met the females—I had left my wife because she was going to stop up all night with a person that was ill, and I was then going home—my wife did not know anything about this—the females said they had just come from a hard day's work at the ironing-board, and would I stand a drop of gin? and I said, "Yes"—I only went into two public-houses with them—the York was the first one—I did not see the male prisoner there—we had a quartern of gin to drink there between us—I was only in two public-houses—I had had some ale before I met them—I swear that I had not been in a public-house with any other women—it had gone 11 when this occurred in the Pied Bull, it was between 11 and 12—it had gone 1 o'clock when I gave them in charge—I gave the policemen a description of the persons, and they said they would find them for me; and I was waiting there from between 11 and 12 till 1, till the policemen brought them to me, I was not in a public-house—when I went into the public-house, the male prisoner was standing at the corner with his arm on the bar—I did not notice whether he was drinking—I did not hear any of the women say anything to him—I believe the female offered
him the pot and he drank out of it—the two females were together—I did not notice which of them offered it to him—I do not know whether either of them said anything to him or not, but one handed him the beer—I did not go up to him and say, "What right have you to drink beer out of that pot?" or anything of that sort—I did not go near him at all—he came up to me and asked me if I had got any money—that was after he had drank the beer—I swear I did not speak to him—I did not ask the woman why she offered him some beer—there were not many persons there at the time—I do not know whether it was a barman or a barwoman there—I swear I do not know whether it was a man or a woman behind the bar; I did not take notice—when this case was before the magistrate, the barman was sent for by the magistrate, and he came—I do not know whether he is here today—the magistrate sent for him after he had heard my evidence—my nose was bleeding; the policeman saw it—I swear that after I saw this man drink, I did not go up to him and use some language to him, nor did he and I exchange blows—I cannot tell whether the person behind the bar saw what he did to me or not—I saw the female prisoner again after I had left, and before I gave the man into custody—she was on the opposite side of the way—I left them in the public-house and went across the road—I swear that after that, and before I gave him into custody, I did not see the man again that night—I did not say to him, "I say old fellow, I'm d—d if I have not lost 5s. in the company which I was in last," or anything like that—he did not say to me, "More fool you"—I believe there is a pie-shop near there on the other side—I did not see him go and get a pie there—was waiting about for nearly an hour and a half, before I gave him into custody and then the policeman brought him to me.
MR. BEST. Q. How soon did you make a complaint to the police after this? A. In a very short time—the barman was sent for by the magistrate, and he came—I cannot say whether he was examined—it was after the magistrate had seen him that he committed the prisoners.
WILLIAM SCOTT (Policeman N, 134). On the evening of 30th October I saw both the prisoners—I saw the female in company with the prosecutor shortly before 11, or about 11 o'clock, together, in High-street, Clerkenwell—I heard the female prisoner ask the prosecutor to come to the Pied Bull public-house—at that time the male prisoner was standing about ten yards distant—they went away in the direction of the Pied Bull, and the male prisoner followed after them—I saw the prosecutor about two hours afterwards—he made a complaint to me—he described the persons who had robbed him—in consequence of that description, I apprehended the two prisoners about 1 o'clock, in Chapel-street—they were both together.
Cross-examined. Q. When was it you first saw the prosecutor? A. About 11 o'clock—I did not see him afterwards till near I—the male prisoner was in Chapel-street when I apprehended him, a short distance from the Pied Bull—there is a pie-shop not far from it—he lives in a court opposite—he was about 400 or 500 yards from there when I apprehended him—the female prisoner lives in the same court—the Pied Bull is a very respectable house—it is a licensed house, rather on a large scale, and a great many persons about the neighbourhood frequent it—the male prisoner did not seem to have been drinking at all when I apprehended him—he said he knew nothing at all about it—he said he had never taken the man's money—he did not say there had been a row between them at any time—he did not say that the prosecutor had insulted him, or anything like that—he said he had not seen him at all—I swear that the prosecutor was not present—I
took him to the prosecutor at once—he said he had seen no man; been in company with no man—I did not tell him where he was charged with robbing him, till afterwards—I should say it was about twenty minutes after I had seen the prosecutor that I apprehended the prisoner—this case was remanded once before the Magistrate.
NOT GUILTY .
MR. SHARPE conducted the Prosecution.
WILLIAM BULEY . I am a tailor, and live at High-street, Tunbridge, Kent. I came to town on 9th November—I was just at the end of Cannon-street, near London-bridge, at 12 o'clock that day—I came up Crooked-lane—I was waiting there to get past the crowd—I saw the prisoner some two or three yards below me; and once in particular, when I looked round, he had got his eye upon me—I did not take particular notice of that—after a time there came up a party of people, as though they came by a railway train, and they went by in pairs—just before the first pair reached me, the prisoner forced his way in between them, and round so as to work them round with a few of them behind me, and then his left hand came and took my watch, and he made his way very quietly among the crowd—I suppose I observed him about five minutes before he took my watch—as soon as he had done it, he got about one or two from me—I could not reach him, so I did not halloo, but I went round and caught him by the collar as soon as I could—I kept my eye on him the whole of the time—I said, "You stole my watch"—he said, "You don't mean that, do you?"—I said, "Yes, you villain, you did"—he began to make a whining noise, as if to attract the attention of other parties; and four or five of a similar stamp came and rushed in between us, and broke him from my grasp—however, I still kept my eye on him—he ran away immediately—he ran a few yards down the path, and then dodged under a horse's head, then under the tail-board of a waggon and round and about several other waggons, and I caught him in about the middle of the open space, the other side of King William's statue—I then shouted out "Police" twice, as loud as I could halloo—about a minute or two afterwards, up came a fellow who said, "Let that man go; I will show you who has got your watch"—I said, "Never mind the man that has got the watch; I have got the man that stole it: that will do for me at present, and I shall hold him"—the prisoner passed his hand back into the hand of the one that came up and wished me to release him, and something passed; I cannot say I saw what it was, but as soon as it was passed, he went over in an opposite direction, towards Fenchurch-street—I secured the prisoner and had him out on the path opposite the ham and beef shop there, and the police came and took him in custody—the prisoner was very resolute while I was holding him, trying to get away all he could, and it was with the greatest difficulty I held him—we had a tumble—a witness came up who was in attendance before the Magistrate.
Cross-examined by MR. METCALFE. Q. Is he here to-day? A. He was a quarter of an hour late the first day, and the next day he could not attend—he gave his address, 135, Bishopegate-street—he is not here to-day, I believe—I saw the prisoner five minutes before my watch was taken—I saw him look at me—I did not think he was struck with my personal appearance, any more than I should be struck by yours—I saw his eyes fixed on me, not for five minutes—he came up in front of me, and worked the other parties
behind me, and that brought me in the crowd a little way—he faced me—I did not lose sight of him at all after he had done it, till I took him—I am quite sure I did not go up to him, and see that he had nothing in his hand, and then let him go—I never lost sight of him at all; my object was to secure him—I came up from Tunbridge to see a sick daughter at Hammersmith; and I was waiting there for the crowd to allow me to pass up to the Mansion-house, to take a Hammersmith bus—I have lived at Tunbridge fifty-three years.
GUILTY .— Confined Nine Months.
NEW COURT.—Tuesday, November 23d., 1858.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Two Years.
Before Mr. Common Serjeant and the Sixth Jury.
MR. ELLIS conducted the Prosecution.
THOMAS SKINNER . I was some time ago a police-officer—I produce a certified copy of a conviction at this court (Read: "Central Criminal Court, January, 1856. William Edward King pleaded Guilty to unlawfully uttering counterfeit coin. Confined Nine Months.")—I took charge of him, and was at the trial—the prisoner is the man.
ROBERT CALCUTT . I am a butcher, and live at 2, Little-Queenrstreet, Westminster. On Friday, 12th October, I saw the prisoner at my shop, about 3 o'clock in the afternoon—he asked for half a pound of steak—the price of it was 4d.—I saw him served—the steak was put on the desk to me, and the prisoner came up and gave me a florin in payment—I saw at once that it was bad—I asked if he knew it was bad—he said, "No"—I asked if he had any more coin, and he gave me a half-crown—I asked him to oblige me with his address—he said "Yes"—I handed him pen, ink, and paper, and he wrote down, "Mr. Williams, 22, Castle-street, Leicester-square"—I said, "Well, I shall detain you, and send my young man to see"—the prisoner wanted to go, but I would not let him—my young man came back and said there was no such person lodging there—I got the constable, and gave him the prisoner, the paper, and the florin—I marked it before I gave it him—this is it.
SUSANNAH WHITEMAN . I am shopwoman to Mr. Moggeridge, a perfumer at Notting-hill. On 20th October, the prisoner came for a cake of soap—the price was 6d.—I served him—he gave me a half-crown—I noticed that it was a bad one—I told him so—I gave the half-crown to Mr. Moggeridge.
Prisoner. Q. Did I not give you a five-shilling piece? A. No; you gave it to Mr. Moggeridge, not to me—I did not give you the change.
ROBERT MOGGERIDGE . I am a perfumer at Notting-hill. On 25th October, I saw the prisoner there—I went into the shop, and Whiteman gave me a half-crown—I went to the prisoner immediately and told him it was a bad one—he affected to cry—I tried the half-crown with my teeth, but I did not bite it very hard—I asked the prisoner where he lived—he did not give me any address, but said he brought it from his master—he did not give me his master's address—he produced a good five-shilling piece, and half-a-crown, and said his master would make it all right—he gave me the five-shilling piece, and I gave him change—I fetched a constable and gave the prisoner in custody—I marked the half crown, and gave it to the constable—this is it.
Prisoner. Q. Did not you serve me the soap? A. No; when I told you about the half-crown, you took a five-shilling piece and a half-crown out of your pocket—I took the five-shilling piece and gave you in change a half-crown and a florin—you did not get change for the half-crown.
GEORGE TOWNSEND (Policeman, A 385). I took the prisoner in custody—I got this half-crown from the last witness—the prisoner gave the name of William Williams—I asked where he lived, and he refused to give any address—he was taken to the police-court at Hammersmith—no other bad money was found against him, and he was discharged on the 29th—I found on him a half-sovereign, a half-crown, and a two-shilling piece, and some halfpence.
GUILTY .*— Four Years' Penal Servitude.
MESSRS. SLEIGH and AUSTIN conducted the Prosecution.
SARAH WALL . I am the wife of Thomas Wall, and live on Fish-street-hill. On Saturday night, 23d October, I went to the Britannia public-house to fetch some beer—it is two doors from the corner of King's head-court on Fish-street-hill—it was just before 12 o'clock at night—I saw the prisoner Gardner, Richardson the cabman, and some other persons standing at the bar; (I had seen Gardner before)—they were drinking—I was standing near them, listening to their conversation—I heard Gardner ask Richardson to fight him—Richardson said "No; I have been drinking comfortably the whole evening; I don't wish to fight now"—they came out of the public-house, and I saw Gardner go up the hill—they were then about closing the house—I went in-doors with my beer and came out again—I then saw the policeman come up, and he asked Richardson to take his cab away which stood at the door, which Richardson refused—Gardner then came back again, and the policeman pushed him up in the court wishing him to go; he said, "Go away about your business, I don't wish to have any bother with you," and he pushed him up King's-head-court—Gardner came back again, and the policeman pushed him again, but not to
hurt him—Richardson then sent a man away with his cab, and stopped behind, himself—he stood at the top of King's-head-court, but in the meantime Gardner had struck the policeman, and they were fighting—Gardner attacked the policeman violently—I did not see the policeman strike Gardner, no more than pushing him up the court—the policeman had no power to strike him after Gardner had got hold of the hair of his head—he knocked the policeman's hat off, and had hold of his hair with one hand, and with his other hand he was hitting him—I don't know where he was striking him, but they both fell together more than once—there was somebody else attacking the policeman; another man, but I can't swear to him—when the policeman first came up, Richardson stood by his cab, and the policeman was taking his number down in a book—it was after that that the attack was made on the policeman—I heard the policeman calling for assistance; he called out for help, and Mr. Silverton came up and pulled Gardner off him—the policeman was then in King's-head-court; he was down on the pavement, and Gardner was on the top of him—the policeman cried out for help more than once—he cried, "What shall I do, I shall be murdered!"—he cried loudly, and Richardson stood at the top of the court preventing people going down to his assistance—I said to Richardson, "Why don't you go home while you are in the right?" and he said to me, "Go to b—y"—he prevented people coming down the court—I saw him kick one person, and he told him he would break his b—y neck—I saw him kick one man and push others—I saw the policeman after he had been picked up from the ground; I saw him fainting—he was suffering very much—he was carried away in a fainting condition by two policemen.
Cross-examined by MR. LILLEY. Q. Where did you first see these men? A. Standing at the bar, drinking—I had seen Gardner before, but had not spoken to him—the policeman did not push Gardner down; he pushed him twice up the court—he did not push him either time to hurt him—Gardner did not seem rather the worse for liquor; he was quite conscious of what he was doing—I did not perceive any drunkenness at all on him—I stayed till the end of the matter—I saw the policeman produce his staff in his own defence—he did not give Gardner a blow on the head that knocked him down—I saw the staff used in his own defence—I saw him raise his staff; I can't say what part he struck—I have a doubt whether he struck Gardner with the staff—I saw him raise the staff when Gardner came to attack him the second time in the court—at the time the scuffle was going on in the court there were several persons there, because others had come up as well as myself—there are two entrances to the court—Richardson did stop persons, but there were persons in the court, because there are inhabitants there—there were several persons; there might have been two, or three, or four—I saw Gardner after it was over—I did not see him faint—I saw his face; there was blood on it.
Cross-examined by MR. METCALFE. Q. Did you see them before? A. Yes, in the public-house—Gardner wanted to fight Richardson in the public-house—I did not see Gardner strike Richardson—I went in-doors with my beer, and while I was in the policeman came. It is an open court, from Fish-street-hill to Pudding-lane—I did not hear Richardson say, "Don't you go down here, because there is fighting going on"—there were four or five other persons at the top of the court—I believe they would have gone down but Richardson stopped them.
MR. SLEIGH. Q. How long were you in your house? A. About two
minutes—what was going on then I could not see—when I left them they had come out of the house—Gardner had gone up the hill and was conversing with a female—it was Richardson who said he would break somebody's b—y neck—he was standing at the top of the court to prevent persons going down—that was while they were beating the policeman.
GEORGE SILVERTON . I live at 23, Fish-street-hill, nearly opposite the Britannia. On that Saturday night, about 12 o'clock, I was just going in at my door, and I saw Gardner and Richardson fighting—they were abreast of King's-head-court—the policeman came up at the same time—I did not see Payne—when the policeman came up, Richardson said, "Take him off"—the policeman said, "Take who off?"—he turned on his light and he saw Gardner on the top of Richardson—Richardson said to the policeman, "Why don't you punch him?" referring to Gardner—the policeman said, "That is not my business, that is yours"—with that he pulled Gardner up, and they stood there; and the policeman said to Gardner and to Richardson, "My good men, I want you to go away, I don't want this piece of work in the street"—with that Gardner went away, and the policeman persuaded Richardson to take his cab away, which he refused to do. After some few minutes he sent his cab away by a man, and he stood there himself—the policeman persuaded him to go away; he refused, and made use of very bad language—he said to the policeman," Go to b—y; I know as much about my business as you do;" and he said, "If he (meaning Gardner) comes back, I will smash him"—Gardner came back at the very time, and they were going to fight again, and the policeman prevented them—he shoved Gardner into King's-head-court, and Richardson into the road, one with one hand, and the other with the other—he did not make use of any unnecessary violence—Gardner then came back again; Richardson stopped in the middle of the road—the policeman shoved Gardner again into King's-head-court, and told him to go home quietly as he did not want any piece of work at that time of night—Gardner then struck him and knocked his hat off—they fell down—they both got up and struggled together—they both fell several times—there was pulling hair and scuffling, I should say for ten minutes or more—that was in the middle of King's-head-court, one end of which runs into Fish-street-hill, and the other into Pudding-lane—Richardson was there all the time, he did nothing as I know of; he was standing near the entrance of the court towards Fish-street-hill—I did not hear him say anything to persons who wished to come in—I was in the court—the policeman had his staff out—he did not have it at the beginning nor for ten minutes afterwards—he drew it in his own defence at last; he did not take it out till he had been assaulted for some time—I spoke to Richardson; I told him to go away as it was all through him that the row was—he said nothing to me—I had enough to do to take care of myself, or I should have been killed perhaps as well as the policeman—I took Gardner away from the policeman—he had his staff out then, and he was in a confused state, being down so many times—Gardner got out of my hands, and he went back and attacked the policeman again for two or three minutes—I never saw Richardson after that—I saw Payne after the row was over in Pudding-lane—I spoke to him, and he began to abuse me—I told him to go away, he knew nothing about it—he called me a b—y thief and a smuggler—I told him he knew nothing about it—he said he did, but he did not tell me what he knew about it—he was talking about Gardner lying on the steps and being ill-used by the policeman.
Cross-examined by MR. LILLEY. Q. While this scuffle was going on, there was a large mob? A. I can't say there was a large mob—there might be a dozen or perhaps twenty persons, and some of the bystanders were illusing the policeman—the policeman had his staff out—I saw him strike Gardner over the head with it in his own defence—when I took Gardner away, he was covered with blood—he was not drunk nor sober, he was what a sailor would call half seas over—I saw Gardner on the steps—he fell down after the scuffle was over; whether he fainted or not I can't say.
Cross-examined by MR. METCALFE. Q. Did you hear Richardson ask the policeman to take Gardner? A. Yes, and the policeman said, "I will take the pair of you if you don't go along, one is as bad as the other."
JOHN MARTIN . I am a stoker at Mr. Young's at Bermondsey-square. On Saturday night, 23d October, I was near Fish-street-hill—I heard a man's voice crying for mercy—I went to the place and saw two men attacking the policeman—they had him on the ground and were punching him, one about his head and the other about his body—they were hitting him with their fists as far as I could see—I said, "D—n it all, give a man fair play; don't use him like that"—I can't say that I can recognise any person who was present that evening.
JOHN FREDERICK HASSELL (City policeman, 551). I am not yet doing duty; I was on duty on Fish-street-hill on Saturday night, 23d October—shortly before 12 o'clock, I was passing the Britannia public-house on the opposite side of the way—I saw Richardson and Gardner fighting—I crossed over quickly, and separated them—Richardson wished me to take Gardner for an assault—I declined to do so as they were both, in fault—he requested me to give him a good thumping—I desired Richardson to go away—he refused to do so, and I took his number—Gardner came up—I pushed him into the court and said, "Go away, my good man, I don't want to have any piece of work with you"—he made reply, "Then I will have at you, you b—r"—he struck me on the head, knocked my hat off, and caught my hair, and we both fell down—we got up; he again attacked me and we fell down again—Payne was with him—Gardner then said, "I will have your b—y life, if I am hanged for it"—after Payne came up, I looked round and saw Mr. Silverton, and knowing him I said, "For God's sake, Silverton, come and help me"—he came into the court and took Payne away from me—while I was on the ground, I was struck by both of them—I might have been kicked but I did not feel the kicks—I did not lose my hold of Gardner—I had left Richardson at the top of the court—I don't know what he was doing—I was about a dozen yards from the top of the court—Mr. Silverton came and took Gardner off me, and at that time Gardner was bleeding—I had not drawn my staff till Mr. Silverton took them both away from me—at that time there might have been twenty persons—I drew my staff out of my pocket as Gardner was coming again—Mr. Silverton endeavoured to prevent him, but he said he would come—I then struck Gardner on the arm and the head—he seized me, and we went down again, and while down I received blows and kicks from various parties—it might have been going on for eight or ten minutes before I drew my staff—when I drew it and used it, I did nothing at all more than was necessary for my own defence—I cautioned him that if he came I would strike him—I was knocked down repeatedly, after I drew my staff—I was up and down repeatedly till we got into Pudding-lane—Mr. Silverton was engaged in pulling them off first one and then the other—when we got into Pudding-lane, my brother officers came up—I pointed out Payne as one—I have no recollection of anything further
till I was conveyed to Pudding-lane station—I was very much injured—I was in good health before; since then I have been subject to fits.
Cross-examined by MR. LILLEY. Q. Was Gardner in liquor? A. He was in liquor—I knew him by sight before; I had never spoken to him—I felt the injury in my back and loins; my ribs were fractured—I am sure they kicked me when I was on the ground—I was surrounded by a great many persons—I kept hold of Gardner when I had the first two falls.
Cross-examined by MR. METCALFE. Q. What length is the court? A. It may be about one hundred yards—when my brother officers came I was in Pudding-lane—I said, "Secure that man, that is one"—that was Payne.
Cross-examined by MR. LAWRENCE. A. Was it not a dark place where the struggle took place? A. No—some parts of the court are dark—there is a gas lamp in the middle of the court; that was where I first saw Payne—when I said, "Secure that man, that is one of them "I was not then receiving the injuries; I had received them—I was then fainting.
GEORGE BORLASE CHILDS . I am surgeon to the City of London police—I saw the prosecutor on 25th October—he was suffering from the fracture of two ribs, and he was oontused in different parts of the body—he was taken first to a hospital and from thence to his own home—he is still unfit for duty, and the probability is that he will not be fit for duty for the next fortnight—it is not in my knowledge that he has had fits since.
COURT. Q. Supposing a man who had not had fits before, to have fits after this; would you connect those fits with that violence? A. Yes, I should—if he gets strong, he will be likely to recover from that as well as the other effects of that violence—I should not anticipate them again.
DANIEL WHITTERIDGE (City policeman, 592). On Saturday night, 23d October, I was on duty in Thames-street, about a quarter past 12 o'clock—I was called by some women—I went to Pudding-lane—I saw Haasell under the prisoner Gardner—I assisted in taking Gardner to the station—while on the way, Hassell pointed out Payne as one who had assaulted him.
GARDNER— GUILTY .**— Confined Twelve Months.
RICHARDSON— GUILTY .—Recommended to mercy by the Jury.— Confined Four Months.
PAYNE— NOT GUILTY .
JOHN STEWART MARGETSON . I live in Cheapside—the prisoner called on me, on Wednesday, 10th November—he handed me this letter purporting to be from Mr. Joshua Field, and this petition—they were sealed up together in one envelope. (Cheltenham-place, Westminster-road. Dear Sir,—The enclosed petition has been handed tome this morning, and, knowing the parties, I subscribed 2l., and at the request of the bearer submit it for your consideration. This memorial stated that John Whyman, a corn-dealer and seedsman, and his family were in great distress, his son-in-law having gone to Australia, and left him responsible for the sum of 670 l.; and that this subscription was entered into to raise a fund to enable his family to open a school; which his daughters were qualified to manage. This was recommended and signed by the Rev. Wodehouse Raven, who had subscribed two guineas, and by several others.) I read these papers, and as I knew some of the signatures were false, I suspected the whole to be a fabrication—I asked the prisoner if he knew any of the circumstances connected with the case—he said, "Yes, it was as represented, and the petition was for the purpose of raising sufficient
money to establish a school, which some of the daughters were competent to conduct—I sent for an officer, and gave him into custody.
Cross-examined by MR. METCALFE. Q. There is a Mr. Field? A. Yes, and I believe his address is in Cheltenham-place.
REV. WODEHOUSE RAVEN . I am perpetual curate of Christ-church, Peckham—I live at the parsonage house there—my name is appended to this petition—it is not my writing, nor was it put by my authority—I know nothing about the case, and nothing about the prisoner.
Cross-examined. Q. Do you know whether there happens to be a person of that name? A. There is a person of the name of John Whyman—he has a daughter; I am not certain whether she is married—he is a livery-stable keeper—there is no announcement of his being a dealer in corn.
SAMUEL EVANS (City policeman, 459). The prisoner was given into my custody, I took him to the station—I searched him, and found on him a knife, a key, and a small piece of paper—after the charge was read over to him, he said, "I know nothing about it; the letter was given to me by a man in the street; I suppose he thought I wanted a job"—I called the attention of Mr. Margetson to this piece of paper, and the prisoner replied, "Well, I admit it; it is all fictitious"—Mr. Whyman attended at the Mansion-house, but he was not examined.
GUILTY .*— Confined Six Months.
THIRD COURT.—Tuesday, November 23d., 1858.
GUILTY .— Confined Six Months.
NOT GUILTY .
The evidence in the above cases is unavoidably omitted, owing to this Court sitting a day earlier than usual.
MESSRS. BODKIN and POLAND conducted the Prosecution.
PATRICK MARA . I keep the Robin Hood public-house, Church-lane. On the Monday before 4th November, the prisoner came with another person, who called for a pint of porter, and threw down half-a-crown—I took it up, bent it in a detector, found it was bad, and returned it to him, saying that I would forgive him that time, and he had better keep away for the future, as I was rather too good a judge for him—on Thursday, 4th November, he came alone, called for a pint of porter, and gave me a bad shilling; I bent it in two places, told him I had forgiven him once, but would not forgive him a second time; sent for a constable, and gave him in custody—he then offered me another shilling, but I would not take it.
Prisoner. Q. Am not I a customer at your house? A. No, you are
quite a stranger—I do not rent the house you lire in next door—I am the landlord under the ground landlord, and the house is sub-let by two persons under me—it is a registered lodging-house, and I understand you lodge there occasionally by what I hear—I did not try to knock the shilling you offered me out of your hand—I did not put a hand to you—you were rather the worse for liquor.
DAVID HARRIS (Policeman, E 32). I was sent for to the Robin Hood, and took the prisoner—both his hands were clenched—I opened hit right hand, and found a good half-crown and a sixpence—I tried to open his left hand, but could not—I kept hold of that hand till we got to the station, where I got a sergeant and a constable to assist me, and opened his left hand, and found in it this counterfeit shilling, a good shilling, and four good sixpences, and in his pocket a penny.
The prisoner produced a written defence, stating that he received the shillings in change for a half-sovereign, and did not know thai they were bad.
GUILTY .— Confined Three Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
HARRIETTS DENKIN . My husband keeps the Prince's Head public-house, Buckingham-street, Strand. On Saturday night, 9th October, the prisoner came about 11 o'clock—I served him with half-a-pint of porter; he gave me a bad shilling—I bent it, gave it to my husband, and the prisoner was given in custody.
Prisoner. Q. Did not I tell you I got it for carrying some luggage? A. No.
JOHN HAINES (Policeman, F 154). I was called to the Prince's Head, and Mr. Denkin gave the prisoner in my custody, with this shilling (produced)—he was discharged by the Magistrate, as there was only one case against him.
WILLIAM MCGUIRE . I am ten years old—I live in Bonner's-yard, West-minster, with my father, who is a cow-keeper—I go to school—on 2d November I was in York-street, and saw the prisoner; he said to me, "Go over the road and get me half-a-quartern of gin, I do not like to go myself, because my brother is there, and I will give you a halfpenny"—he gave me a bottle and a two-shilling piece, and I went over the way to the New Star and Crown—I saw Mr. and Mrs. Ryan, and called for the gin, and gave them the florin—they put some questions to me, which I answered—Mr. Ryan went out into the street with me, and I pointed out to him the prisoner, who was walking towards Tothill-street—Mr. Ryan went up to him—the bottle was then in my hand with some gin in it, and Mr. Ryan had the florin—I had never seen the prisoner before.
Prisoner. Q. When I accosted you were you alone? A. Yes.
JOHN CAVANAGH . I am getting on for eleven years old—my father is a bricklayer's labourer—I was out with little McGuire, and saw the prisoner speak to him—he said; "Go over the road and get me half-a-quartern of gin, I do not like to go, as my brother is there, and I will give you a halfpenny "
—I went after McGuire; he had a bottle and a 2s. piece—I saw the prisoner give them to him, and he went into Mr. Ryan's.
Prisoner. Q. How far were you from me when I spoke to him? A. Not a yard—it was 9 o'clock at night.
MICHAEL RYAN . I keep the Star and Crown, in the Broadway, West-minster—I remember the youngest boy coming on 2d November; he brought a bottle and a florin, and asked for half-a-quartern of gin—I found the florin to be bad—I put some questions to him, put the gin in the bottle, and went out into the street with him—he pointed to the prisoner, and said, "That is him over the way"—the prisoner was then standing; he walked away, I followed him, and the two boys ran with me, and said, "That is the man"—he could hear that—he did not stop, but I took him by the coat and stopped him, saying, "Did you send some boys to my shop for gin?"—he said, "No"—I said, "Step to my house with me"—he said, "No, you had better search me, and see if you find any bad money on me"—I had not mentioned bad money before that—I took him to my house, and sent for a constable—the gin came to 2d.
Prisoner. Q. Did not I ask you what was the matter? A. No—the boy did not say anything about a bad florin till we were going to my house—you were going as quick as you could walk—I do not think it was a cold night—when I moved from my door you moved very quickly from the lamp-post—you could see me and the boy.
HENRY COOPER (Policeman.) The prisoner was given into my custody, and I received this florin from Ryan—I searched the prisoner at the station, and found on him three shillings, two sixpences, and 5d. in copper, all good—I received this shilling from Mr. Denkin.
COURT. Q. Are you an inspector? A. No, I am a clerk in the Treasury—I have been so nearly two years, and have had a great deal of experience.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined One Month.
Mr. GIFFARD conducted the Prosecution.
GUILTY of the Attempt only.— Confined Twelve Month.
OLD COURT.—Wednesday, November 24th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON BRAMWELL; Mr. JUSTICE HILL; Mr. Ald. CUBITT, M. P.; Mr. Ald. ALLEN; Mr. Ald. MECHI; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Baron Bramwell.
31. WILLIAM LEMON OLIVER (38), was indicted for feloniously uttering a forged transfer of one Robert Swann, of 100 shares in the Crystal Palace Company, with intent to defraud; also, feloniously (being bailee of 500 instruments evidencing the title of Robert Swann, to a share in the capital stock of the North British Australasian Company, limited,) converting the same to his own use; also, for another like offence; also for unlawfully converting to his own use a warrant for 500l., entrusted to him by Caroline Adelaide Dance; to all of which he
PLEADED GUILTY .— Twenty Years' Penal Servitude.
Before Mr. Justice Hill.
PLEADED GUILTY .
He received a good character.
Five Years' Penal Servitude.
PLEADED GUILTY .— Five Years' Penal Servitude.
PLEADED GUILTY .— Three Years' Penal Servitude.
Before Mr. Baron Bramwell and the Third Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
WILLIAM HENRY MORBY . I formerly resided at 5, York-street, Westminster; I have since removed—I was living there with my wife at the time in question—we occupied the second floor front and back—there are four rooms on a floor, and I had a front and a back room—I knew the prisoner—he did not go by any other name than Isaac Harmond in the house, but out of doors I have heard him called by the name of "Bandy"—a woman lived with him as his wife—I always considered her as Mrs. Harmond—they occupied a back room on the same floor as I lived. On the 15th September, about 5 o'clock in the evening, I was sitting in my own room at my work as a tailor—I heard the prisoner come in—I did not see him, but I heard him come up-stairs—as soon as he came up-stairs, I beard him inquire of Mrs. Clark, who lived in the front room adjoining mine, where his wife was—she told him she was out and she would go and look for her—she went out, and returned shortly afterwards and said she could not find her—upon that, the prisoner made use of threatening language towards her—he said, that when she came home he would do for her, and that he would stick a knife in her—he then went out and returned in a few minutes and commenced breaking the crockery in the room, and he said if she had
been there he would have served her the same—I saw him daring this time—I should say he was in liquor—he appeared so to me—after he had broken the crockery he laid down on the bed, and while he was lying on the bed, his wife came in—she swept the crockery up, and as soon as she had done so the prisoner got up off the bed (the door was open and I saw him) and he told her that he would rip her b—entrails out, and that he would stick a knife in her—she then ran down stairs.
COURT. Q. What time of night was this? A. It must have been somewhere about 7 o'clock I should say—the prisoner remained in the house for a short time after the woman had left—he then went out, and they returned together about 10 o'clock at night.
MR. CLERK. Q. Did you hear their voices as they came up the stairs? A. Just as they got up on the top of the stairs—I heard them go into their room, and as soon as they went in, I heard the door lock, and I heard the prisoner say, "You have had a fair turn with me to-day, now I will have mine"—I cannot say whether they always locked their door—I heard the handle of the door rattle, and I heard the deceased say, "Pray let me out"—the prisoner said, "No, I have got you here now, and now I will do for you"—directly on that, I heard the window of the room open, and directly after the window had opened the prisoner came out and said, "You are out of window, and I am off"—it was not more than five minutes from the time I heard the door locked, until I heard the prisoner say that—he was on the landing when he said it—I got up from my work and went on the landing, and he was then running down stairs with a candle in his hand—I called out to have him stopped—at the same time a person who lives in the back room under the prisoner came out and called for Mr. Seton and said, "For God's sake have him stopped"—Mr. Seton stopped him—I heard the prisoner say to Mr. Seton, "My wife has jumped out of window"—Mr. Seton replied, "What were you doing, or where were you, to allow your wife to jump out of window?"—he made no reply to that—Mr. Seton, myself, and the prisoner, went down stairs and rang the bell of the yard where the deceased was lying—after a time the gate was opened, and we saw her lying on the stones, quite insensible—I had seen her that evening about 7 o'clock when she ran down the stairs—she was quite sober at that time—I did not see her again until I found her lying on the stones—they had only been living in the next room to me about five or six weeks—I had frequently heard the prisoner speak to her before this—he hardly ever came home but what he threatened her with most violent language.
COURT. Q. About what sized woman was she? A. I should say about the middle height, not particularly stout—there was nothing particular about her one way or the other—she was neither very strong or very feeble, or stout or thin, I should say about the middle height.
Cross-examined by MR. SLEIGH. Q. I am afraid this violent language was not unusual—you heard it continually? A. Continually from the prisoner—I never heard the woman make the least reply to him—when he used to come home and make use of this language to her, she would take her work off the table and go and sit on the stairs till he was quiet, and then she would go back to the room again—he was continually quarrelling with her—I suppose there must have been a misunderstanding between them, but I never heard her make any answer to him—he used to call her most disgusting names, too filthy to be repeated, and used repeatedly to threaten to put a knife in her—I was not upon any terms with them—I never spoke to them—all I heard, was from my own room and as they passed up and
down stairs—I have never been present, and cannot say how these disagreements arose.
LUCY ANN MORBY . I am the wife of the last witness—I was at home on the day this happened—I remember the prisoner's coming home about 5 or 6 o'clock in the evening; the deceased was then out—the prisoner used some abusive language about her and broke some croekery—I heard that done—he then went out—the deceased came in soon after—they went out together, and returned together about 10 o'clock—as they went out I saw him throw something down the stairs after her; that was a piece of crockery—I did not see them when they came home at 10 o'clock—I only heard them—I heard them go up into their room, and heard him lock the door—I heard the door locked after they got in—I heard her ask to be let out—he said, "No, I will not let you out, now I have got you here I will do for you"—I heard the window go up, and I heard him come out and go down the stairs, and say "I am off."
Cross-examined. Q. Were you on anything like intimate terms with them? A. No; I wan never in their room, only just at the door—I have heard them quarrelling a great many times—I never heard her quarrel.
JAMES SETON . In September last I lived at 5, York-street, on the first floor front—I was in bed on the night in question—a woman came to my door and knocked—I got up and went out on the stairs—I went into the room of the person who called me, which is a back room, and looked out of the window—and when I came out again on to the stairs, I saw the prisoner coming down the stairs—I asked him where he was going—he told me that his wife had jumped out of the window—I asked him where he was to allow her to do so—he made no answer, but was going down—we were both going down together—we both went to the coach-house gate, and the prisoner pulled the bell twice—I think he rang it—I had not got hold of him—he came down the stairs quite quiet with me—he never offered to go away or to use the least resistance—I said we would go together—that he should wait till I accompanied him—we did both go down together and go to this gate, and he rang the bell—somebody at last opened the gate—we both went in, and found the deceased lying inside—while we were there the policeman came—the prisoner did not seem to offer any assistance to lift up the woman—I did not see who it was lifted her up—some person went to do so, and a party standing by called the prisoner a scoundrel, and said, "Why don't you make any effort to assist the poor woman now?"—upon that, he went across with the intention of assisting her up, but she was then in the other party's arms—I cannot say that the prisoner was the worse for drink; he may have been drinking, but I should have taken him to be sober.
Cross-examined. Q. Was it not evident that he had been drinking? A. He may have been drinking—I did not pay any particular attention to him to say that I took notice that he had been drinking—from his appearance I should say he was not under the influence of drink—I had got into bed—it was not the prisoner's voice that alarmed me—as soon at I got out on the stairs, I went into the room of the person who called me, and when I came out of her room the prisoner was coming down stairs, and then I first saw him—the party that awoke me said that she believed the prisoner had flung his wife through the window—that was before the prisoner said his wife had jumped out of window—the door I speak of belongs to the yard in which the deceased was found—you cannot get into the yard without that door being opened—the prisoner
ran up to the bell and pulled it—we both went up to the gate, and he pulled the bell.
MR. BODKIN. Q. When you met him on the stairs, did he tell you what you have told us, or did you first ask any question of him? A. I asked where he was going, and without any more he told me his wife had jumped through the window.
COURT. Q. Was he coming down stairs in a very hurried manner? A. No, he had on his trousers and shirt, but no boots, and no coat—we both went out of the house and went towards the gate—he came down stairs himself with that intention I fancy—I never asked him to go to the gate with me—he did not say or do anything to make me think that was his intention.
WILLIAM JAMES . I am a shoemaker—I did live at 5, York-street, Westminster, in the first floor front—I was not at all acquainted with the prisoner or the deceased—on the night this happened, a few minutes after 10, I was undressing, preparing to go to bed, and I heard the prisoner, as I supposed (I had never seen him), and the deceased come in at the lower part of the house—she spoke to Mrs. Seton and said, "We are all drunk to-night"—they passed up-stairs past my room to their own room—I heard their footsteps, but did not see them—after they were in their own room I heard a great scuffling—their room is not directly over my head, but from the adjoining room I could hear them stir the fire occasionally and hear their footsteps for some two or three minutes—I think he had heavy shoes on—after some few minutes, and when I was undressed and going into bed, the noise ceased, and Mrs. Ward, who lives in the adjoining room to me, came up-stairs and went into her room—she had no sooner got into her room than she rushed out again, and came to my door, but it was locked—she did not say anything—she then ran into Mr. Seton's room, and I heard her say, "That fellow has thrown the woman out of window"—I then unlocked my door and ran out, and at that time the prisoner was coming down stairs, and Mr. Seton had got hold of him—he had stopped him, and said "Where are you going?"—the prisoner had a candle in his right hand, and he was without coat, hat, or shoes—Mrs. Ward ran out into the street to give an alarm—I laid hold of him by the left arm, took the candlestick out of his hand, and said, "You villain, what do you mean by throwing the woman out of window?"—he said, "How could I throw her out of the window, when the bed comes across the window?"—I said, "Why did you not prevent her?"—he replied, "Oh, give her a leg up"—he turned his head on one side and said that in a muttering way—I told Seton to take care of him while I went up-stairs to put on my trousers—the prisoner said, "Old fellow, you need not be afraid, I am not going to run away"—I went into the first floor back room, looked out of the window with the candle, and saw the woman lying in the coach-yard of Mr. Fowler; and I gave an alarm; I called "Murder" three times—the coachman's wife then looked out of window and asked what was the matter—after slipping on my trousers I went down again, they had then got the gate open, and I saw the deceased—I said to the prisoner "This woman has never thrown herself out of window, had she done so she must have gone forwards"—apparently to me she had dropped in a perpendicular position, and her eye had caught the ornament of the lamp which projects about two feet from the wall, and her heel had grazed the abutment wall—her eye was torn up—she lay rather as though she had dropped than if she had made a spring out—the prisoner made no reply to what I said—he asked the
officer to allow him to go up-etairs and put on his shoes—the officer said, "It is too serious a case to let loose of you, you must go on to the station-house with me, and I will get you your shoes"—I then went and put on the remainder of my things and followed them to the station-house—the prisoner was there reclining on a bench—he said, "Oh, you can all say what you please, I know a little of the law; you may go and p up my leg"—I can't say whether he had been drinking, I had never seen him before—he did not appear to be in the least concerned, or half so much agitated as I was—he did not appear to me to have been drinking, he appeared quite rational in all that he said.
Cross-examined. Q. Were you at the gate when it was opened? A. No, it was opened when I got down—not more than two or three minutes elapsed from the time this took place on the stairs till I got down into the yard—I found the prisoner standing there with Mr. Seton and the other witness—I am not aware that I have ever mentioned before about my stating that the woman could not have thrown herself out of the window—I might not state before the magistrate all the particulars that I have stated here.
MATILDA ALLMAND . I live at 2, Queen's square-place, Westminster—that is at the back of York-street. On the night of 15th September, I was in bed a little after 10—I heard a noise at the gates of the yard behind my house, and a dog barking, which caused me to get out of bed—I did not hear a bell ring before that—the noise I first heard appeared to me like a knocking at the gate, as if something went hard against the gate—it was not repeated more than once—I got up and went to the window and opened it—I then saw the prisoner in the opposite house with a candle in his hand—he was at the second floor of his house—he said, "There is a woman down in your yard, dead; come and open the gate"—he said, "She has fallen out of this window, and she is dead"—at the time the prisoner called to me from his window there were not any persons knocking at the gate of the yard.
COURT. Q. Had any one knocked there before? A. No, not to my knowledge—there was a noise at the gate bat it appeared to me as if tome one had fallen against the gate.
MR. CLERK. Q. Was the body of the woman lying sear that gate where you thought you had heard the knocking? A. Very near, perhaps a yard, or perhaps four feet from the gate, not more; she might have touched it as she fell—while I was calling the gardener to get up and open the gate, the bell rang two or three times—there are not tvo gates into the yard, that way—the gate was afterwards opened by the gardener—I then saw the body of the deceased woman lying there—she was lying with her feet from my house—I did not go down into the yard, I looked out of my window and saw her.
WILLIAM HARRIS . I live at 34, Old Tothill-street—I am a coal-porter. On the night this affair occurred, I saw the deceased at the Rose and Crown public-house at the corner of Dartmouth-street—it might be about ten minutes to 9—that was the time she came in—she came in by herself—she remained there about an hour and ten minutes—I saw her leave the house—the prisoner was there then—he might have been in there ten minutes—they went away together—she did not then appear to be labouring under the effects of drink—we had three pots of beer among three of us—I was one of the party—that was all we had to drink—the prisoner was not one of the three I speak of—nothing parsed when he came in—no words passed
between any one of us—she left by herself on his coming in—he was standing by the bar—they both went away together afterwards.
COURT. Q. You Bay she left by herself, I do not understand you. A. She came in again afterwards—I and my mate stopped and had another pot of beer afterwards—J do not know where she went to, she went out of the house—I was not there when she came back—she did return according to what my mate said—she was sober when I saw her. as sober as I am now.
Cross-examined. Q. Was she in the public-house when you went there, or did she come in afterwards? A. She came in while I was there—I had known her for two or three years—she had not been to the Rose and Crown from the 20th of March up to the 15th of September—she had not been in the habit of frequenting another public-house in the neighbourhood—I had not seen her from the 20th March, and she had not been in that house, from that time, by her own words—I had not seen her frequently before these times—I had not seen her from 20th March till that day, the 15 th.
COURT. Q. You say there were three of you and three pots of beer, did she drink as much as the others? A. No, she would make a sup now and then—she did not drink equal with us—three pots of beer is not much among three.
SOMERS HIGGINS . I accompanied Mr. Paynter, the magistrate, to the Westminster Hospital, to take the examination of the deceased—I think it was on the day after this occurred, I am not quite sure—I acted as clerk to Mr. Paynter; it was on the 16th—the prisoner was brought there, and the deceased woman was examined in his presence—I took down what she then said—this is it (Reads: "The prisoner is my husband—I do not know how I came to be hurt—we had a few words.")—That was all she said on that day—I attended Mr. Paynter on the following day, the 17th—she then said something further in the presence of the prisoner (Reads: "The prisoner is my husband—I cannot say what happened to me in the room; we had a quarrel—I think I got out of the window—pray do not hurt him—I know nothing more from the time I went out of the window—a week ago he told me he would beat me—pray do not hurt him—his mother saw me this morning, and told me he was nearly out of his mind.")—That was all she said.
PONSONBY KELLY ADAIR . I am house-surgeon at Westminster Hospital—I remember the deceased being brought there on the night of 15th September, about 11 o'clock—at that time she was in a state of complete insensibility—she had one long wound on the right side of the head—the scalp was torn right down to the ear—she was at that time apparently suffering from concussion of the brain—the extremities were competely paralyzed—she was put to bed, and I made a minute examination of her; it was only an external examination at that time—after she had been about an hour in the hospital she vomited a quantity of beer—I cannot say at all what quantity, because it was vomited at intervals—I did not perceive any spirits among the matter, only the smell of beer—vomiting is very frequently a concomitant of concussion of the brain—she became partially conscious after she had been in the hospital about two hours, I believe—on the following morning she gave the name of Farrell as her name—she had previously given the name of Norton; that was about two hours after she was brought in, but she was not completely conscious at that time—I was not present upon, the first occasion when Mr. Paynter attended to take her deposition—I had seen her shortly before Mr. Paynter saw her, and she was
then perfectly conscious—I saw her on the following day—I think she was completely conscious on the morning after she was brought in, and remained so until a short time before her death—I was present on 18th September, when a constable of the name of Carr was there—she said at that time that she did not expect to get over it; she led me to understand no—I do not remember the exact words she used—from several expressions she used, I understood that she did not expect to recover—I took a note of the words she used, and gave them to Mr. Paynter—this (produced) is the memorandum I made—she had several times before said she expected she would not recover, and she said, "I do not think I shall get over this"—at the time she made the statement, she expressed the same feeling that she should not recover—her mother was present—this was on Saturday, the 18th—Mr. Paynter had been there on the 16th and 17 th—her mother asked her some questions in my presence—I took down in writing what the deceased said iu answer to those questions.
MR. SLEIGH. Q. You read a note or memorandum just this moment in which the deceased said, "I do not think I shall get over this," are we to understand that she had no hope whatever of getting over it, or merely, that she was in very great danger, and probably should die? A. I cannot say; I think that she certainly expected to die—she did not expect she had any chance of getting over it, from the expressions she used—I do not think she meant that she was merely very bad and did not think she should get over it, but might do so; I think she did not expect to get over it at all—I think that all hope had entirely fled from her mind, not from that expression alone, I think she had not the slightest expectation of getting over it.
MR. CLERK. Q. Refreshing your recollection by the notes you have there, state what she said. A. She said, "I think I was pushed out of window by some one who is in trouble about it—I think I got on the bed myself, and he pushed me out of window—he threatened me in the room and said he would be the death of me—he hit me with the poker once or twice that night, on the head"—then the question was asked her, "Was that just before he threw you out of the window?" and she said, "Yes, just before—what I have said to my mother, I perfectly understand, and it is true; I was so bad yesterday, and that was why I did not tell Mr. Paynter all this—it was Isaac Bandy that pushed me out of the window, I am sure it was he who who pushed me out, I remember it"—afterwards she said, "I do not think I shall getover this."—That was all that she said on the 18th—there was another statement on Monday, the 20th—I was present on the Sunday; she did not make any statement then—on the Monday the mother was again present, and there was again a conversation between them—I do not recollect what the mother's question was, in answer to which the deceased made the answer I have here; I merely took down the answer—she said, "I think I opened the window to call out, I think I called, I won't be sure, I think I did—I got on the bed because he said he would have his vengeance on me, if he served a twelvemonth for me—I don't think I ever shall recover, I wish I was going now—the window was shut—I am perfectly aware of what I am telling you, and it is all true."—This was on Monday the 20th—she died on the evening of Wednesday the 22d—I was present at the post-mortem examination—I discovered that the spine was fractured, and there was a fracture also of the skull—the injuries I discovered were quite sufficient to to cause her death—I should think that a fall from a window would be very likely to have occasioned the injuries I saw to the spine and scull, particularly if she struck against the lamp.
Cross-examined. Q. A person having suffered an injury of that serious nature to the brain and spinal marrow, the intellect would be to a certain extent clouded for the remainder of life, would it not? A. I could not make any general statement about that; in her particular case it did not seem to be clouded; if inflammation of the brain follows from the injury, the intellect would be clouded, but here there was no inflammation of the brain or its membranes—she was brought in on the 15th, and died on the 22d—inflammatory action had set up between those times, but not in the brain, or in the membranes of the brain; they were simply congested, that means blood pressing on them; an undue quantity of blood, and an undue quantity of pressure; the brain itself was not congested, only the membranes—there need not necessarily be pressure on the substance of the brain—congestion of the membranes implies that the blood-vessels are unduly gorged with blood; there would be a very slight amount of pressure on the brain—by pressure on the brain, the brain in the performance of its functions would, to a certain extent, be disarranged, or disordered; that was the condition of this woman's brain at the time of her death—it is usual in cases such as that, that the intellect shall be to a certain extent, greater or less, confused and deranged; I do not remember having any conversation with this woman on the day previously to the statement made to her mother; I think only asking her how it came to happen that she was thrown out—I had no long conversation with her—on the first occasion, her mother was sitting by her aide; on the second occasion I was told that the mother was there, and Mr. Paynter had expressed a wish that somebody should be present whenever anybody came to see her, therefore I went and stayed while she was there—on the second occasion the mother was there, when I went into the ward—I went in very frequently during the previous hour—I do not think that on each occasion the mother was sitting by her side and talking to her—she was frequently with her alone, when I was not present—I attended her up to her death—she was not delirious, till very near the close of her life; that was on the 22d—I was constantly with her night and day—I visited her at intervals during the night—a portion of the time she was in a heavy stupor, both by day and by night, occasionally, when she was left completely alone; that was so throughout—it is scarcely to be called a comatose state, if. was a deep sleep; I do not think it was coma, because she was very easily roused from it.
MR. BODKIN. Q. When you speak of the gorging of the vessels of the membranes of the brain, do you speak of the appearance on the post-mortem examination? A. Yes; I should say there was not pressure of the brain so serious as to affect her intellect—on the occasions of these conversations, she answered perfectly rationally, and at once—she appeared to me to comprehend the questions put to her, and to give rational answers.
COURT. Q. The first expression you put down on the day of the 18th, was, "I think I was pushed out"? A. Those were exactly the words that she used—that would indicate an uncertainty as to what was going on at the time she was thrown out; she always said that after she was thrown out she was not perfectly conscious, and she did not seem to have a very clear idea of what had happened—when she made that first, statement in my presence, there seemed to be some confusion about it, she was not clear when she first began to make the answers; but she began to speak more decidedly about it; she spoke more decidedly towards the end of the conversation—her mother put questions to her—they were not such questions as would suggest the answers—she did not put such questions an "Don't you know he did it," or anything of that sort.
LUCY HEATH . The deceased was my daughter—her name was Sarah Farrow—she had been married to a person of the name of William Farrow—when I heard of thig affair, I went to the Westminster hospital to see her—I got there on the Saturday, as it happened on the Wednesday—she knew me—she was perfectly sensible when I came there—I remember Mr. Adair the surgeon being there—some questions were put, and her answers were written down by Mr. Adair—I was there every day with her—I saw her on the Sunday, when Mr. Adair was not present—most of her conversation on the Sunday was about her not getting over it—she seemed perfectly sensible and satisfied that she never should recover—I told her to pray to God and do the best she could to prepare herself for the next world—she said she had done it, and she would do it again—on the Sunday, when Mr. Adair was not there, I put some questions to her as to what she had said the day before, when Mr. Adair was not there, to know if she was perfectly sensible, to know what she had said before; and she repeated the same words again repeatedly—she was quite sensible, I believe in everything—I asked her in particular how it happened, in what way, and whether she had been having anything to drink, or whether she was in any way intoxicated; and she said, "No, I had been hard at work all day, and I was taking my work home, and instead of my taking 4s., the full amount of my money, I only took 2s.," whether that enraged him or not she said she was not sure, but immediately she was inside the door he closed the door behind her—she begged of him to undo the door, and he refused so to do—he said, "I have got you now, and I will have my revenge if I serve twelve months for it," and he struck her once, if not twice, on the head with a poker; "and immediately," she said, "I jumped on the bed and threw up the window to make an alarm, but he was so quick upon me; whether I did call or not I do not know; I believe I did call, but he was so quick in pushing of me out"—that was all she said—she said a good deal more in the presence of the house-surgeon and the police, and they took it down, but I being so much troubled, I could not bear it in mind so well as what she said privately to me—that was all that she said on that Sunday—I composed her as well as I could—I did not trouble her much about worldly affairs; I saw how she was going and I put other questions to her—I asked her on the Sunday about what she had said to Mr. Adair on the Saturday—I asked her whether she was perfectly sensible, and she said, "It was all quite true mother, what I told him."
Cross-examined. Q. While you were at her bedside at the hospital, you talked to her several times about this unhappy matter and how it occurred? A. Yes; a great many times—I put questions to her, but mostly on the same subject, to know if it was perfectly right—I had not been talking to her a great deal about it before the statement was taken down in writing—I was not there till 3 o'clock in the afternoon; and they came in almost immediately that I was there—Saturday was the first time that I was there—I live in the country 54 miles off, and I was sent for.
FERRIS CARR (Policeman, B 206). I was on duty in Westminster, on 15th September—I heard a call for police, and went to 5, York-street—I went to Mr. Fowler's yard—I found a woman lying in a state of insensibility in the yard—I asked where the man was, on picking her up and finding her insensible—the prisoner was pointed out to me—he was standing in the yard by me—he was charged by Mrs. Seton and Mr. Morby with throwing his wife out of window—I told him I should take him to the station-house on that charge—he said, "Let me go up-stairs to get my shoes"—I said, "No, I cannot let you go"—I then got him out of the
crowd a little way up York-street—he then asked me again two or three times—I said, "No, it is too serious a charge for me to let you go"—he sucked up his breath very hard, and said, "Yes, it is a very serious matter, but I must suffer for it"—he mentioned the same words about twice or three times—the last time he mentioned it was going up Rochester-row—he said, "Yes, it is a serious matter, but she can't be much hurt, for she fell on the lamp"—as far as I could perceive he was perfectly sober—he said that it was the greatest distance he had ever walked without shoes, and that I ought to have let him gone and got his shoes—upon looking in the yard where I had found the deceased, I saw a portion of a dress attached to the lamp—the window is the second window over the gateway—I went into the room afterwards—there was a bed in it near the window—it was a French bedstead—it was close to the window, across the window—it was about three or four or five inches below the sill of the window—a person could not get at the window without getting on to the bed—the foot of the bed was a foot and a half or two feet on one side of the window, and the head of the bed on the other side with at least the same—it was rather a small window; it was the top room of the house; I should say about five feet six inches from the top to the bottom, and it opened half way up—if the lower sash were put up to its greatest height, the space between it and the sill of the window would be about two feet, five or six inches, I should say—there was a witness of the name of Harriet Hawkins bound over by the magistrate to appear in this case—the case was postponed at the last sessions, because she was not here—I made inquiries in Westminster to discover where she was—in the course of my search for her I went to the Rose and Crown public-house; I there saw a man named Winstone—I did not know, until I heard him say so that night, that he had been in custody on a charge of desertion on the same day that the prisoner was examined before the Magistrate—at the time I saw him at the Rose and Crown, he made a communication to me—he is here to-day.
Cross-examined. Q. Did he volunteer a statement to you? A. He was talking to other parties in the room—he did not address himself to me, and make a communication to me—I did not ask him any question before he spoke to me.
GEORGE WINSTONE . I am a shoemaker, and live in New Tothill-street. On Thursday morning, the 15th September, I think, I was taken to the station-house in Rochester-row—I was taken up on suspicion of being a deserter, for enlisting and taking a shilling, a month previous to that—that matter was investigated and I was discharged—the prisoner was at the station-house previous to my going in—I found him there when I went in—he and I were placed in the same cell—when I came into the cell, he asked me what I was there for—I told him I was there on suspicion of enlisting as a soldier on 15th of last month, which was August; and I said that I was there to go before the Magistrate again on that account—I then said, "What are you here for?"—he said, "Ah! mine is much more serious than that"—he said, "I expect mine will turn out a bad job"—I then said, "What might your case be then?"—he said, "Did you not hear of it?"—I said, "No, I did not, for I was locked up last night"—he said, "Did you not hear about the woman being thrown out of window?"—I said, "No," I had not heard anything about it—he then said, "Well, I was out yesterday, looking after my living," or "seeking my living. I came home to my tea, and my wife was out and no tea made; I went to look after her, and found her drunk. I remonstrated with her for getting drunk, and not
getting my tea ready, and we had some words, and she oalled me a b—y sod, and other names; it exasperated me so that I hit her on the head with the poker; she flew to the door to go out, and said she would get more drink"—he then said that he locked the door, and put the key in his pocket, to prevent her from going out to get more drink—he then said that the window was up; being warm weather, they had the window open, and he said his bedstead was one of those French bedsteads, and it reached within three inches, or three inches and a half, of the window-sill—she flow to this window, and screamed out "Murder" and "Police"—he was exasperated at that, and he laid hold of her by the ankle and he gave her a push; "she, being a weighty woman," he said, "out she went;" that he had not the intention of throwing her out; it was at the spurt of the moment—Shortly after that, the police came and took him away from the cell—he was away, I suppose, about an hour—he was brought back again—I asked him where he had been to—he said they had taken him in a cab to Westminster Hospital, to take her deposition—there were some others in the cell at the time, and some one asked him how he got on—he said that he stood on one side, not facing of her, and he could hear her say that she did not know how it was done—I believe he said he could not see her face; he was placed in that position.
Cross-examined. Q. How came it to pass that you did not give any account of this conversation at the instant? you did not say a word about it to any of the officers of the police-court then. A. No, I did not—that was the only time I had been in trouble for many years—I have been taken up for being drunk and disorderly, some years ago—that was not at the Westminster police-court—I never was there before—it was over the water—those are not the only two occasions on which I have been locked up—I was locked up about eight years ago for being concerned in stealing—I have been twice charged for being concerned in stealing—the other time was two years previously—I do not know all about legal matters; I could not say anything about this man's statement to me, I was locked up in the House of Detention—I was not discharged for seventeen days afterwards—I did not wish to have anything at all to do with it—I had not seen the account of the matter in the newspapers—I knew nothing about it, except from what he said to me in the cell—I heard of his being in custody, detained, and committed for trial, at the public-house at the corner of Dartmouth-street, I believe—I cannot say how long before I made a statement to the police-constable I had heard that the woman was dead—I can swear that I had not heard of it a fortnight before—I think it was the Sunday after I came out; that was about eighteen or nineteen days afterwards—from that time, until I met the officer in the Rose and Crown I never mentioned anything about it to any police-officer at all.
MR. BODKIN. Q. You are married, are you? A. Yes—I do not know a woman of the name of Hawkins—I have seen her, now you mention the name of Harriet; I have seen her in the Rose and Crown—I did not know her other name—she was not a person with whom my wife was acquainted—I remember the officer coming to me, to make some enquiry about this girl Harriet—it was not on that occasion that I told him about what I have told you to-day; it was previous to that—it was in the public-house—we were speaking of the circumstance, and I said, "Why, I was locked up the same morning that he was there"—I said that to some men standing in front of the bar, and the policeman, Carr, was standing next to me, and then I mentioned it to him—he asked me if I knew where Harriet was—I said I had seen her twice as I was coming home from my work.
COURT. Q. You have been in no trouble for eight years? A. No—I was really in trouble then and punished—I have been getting an honest living ever since.
GUILTY of Manslaughter.— Penal Servitude for Life.
NEW COURT.—Wednesday, November 24th, 1858.
Before Mr. Common Serjeant and the Fourth Jury.
PLEADED GUILTY .— Confined Six Months.
37. GEORGE BENDALL (17) , Breaking and entering the dwelling-house of Henry Mauley Cheswright, and stealing 1 fish-knife and other goods, value 5l., his property; also burglariously breaking out of the dwelling-house of Samson Kingsford Burch, haying stolen therein 26 spoons and other goods, value 45l., his property; to which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Three Months.
MR. GIFFARD conducted the Prosecution.
MARY LOCKHART . I am the wife of Joseph Lockhart, a grocer at Woolwich. I ordered a quantity of goods of the prisoner about 21st September—I received the goods shortly after—I believe the amount was 3l. 3s. 5d.—on 12th October I paid the prisoner 1l. 6s.—he wrote this on the back of the bill, "Cash on account, 1l. 6s."
SARAH BEECHER . I am the wife of William Beecher, of Little Ilford, in Essex. On 9th October, I ordered some goods of the prisoner—I got the goods—on the 16th I paid him 1l. 19s. 2d.—he wrote this on the back of the bill, "By cash, 1l. 19s. 2d."
MARGARET BUTCHER . I am the wife of Frederick Butcher, of Caroline-street, Commercial-road. On 9th October I ordered some goods of the prisoner—I received them on the 16th, and I paid him the account, 14s. 2 1/2 d.—this is the receipt.
JOHN VORE MOORE . I am a tea-merchant, of 35, King William-street, in the City. The prisoner was in my employ—I have here the articles of agreement which he signed—he was one of our van men—he was to take out goods as per orders, to deliver them, to receive orders for the following week, and every evening, or on the following morning, to hand out the money he had received to the cashier—he had to take out a way-bill, and to cast it up and deliver it to the cashier—he had to carry out the accounts of the money he received in the way-bill—
he has never accounted to me for the sums mentioned in this indictment in any way.
Cross-examined by MR. METCALFE. Q. Is your house the London Tea Company? A. Yes—I drew up this agreement; it is signed by my brother—I think there was no person present on behalf of the prisoner—it is stated here that he was to have a commission on articles specified in the schedule, but there was no schedule made—he applied to us in distress—I could not get a character, and I thought he had been hardly used by his employer—I made a special provision, to employ him for one month, and then if I thought proper I would give him a commission according to the schedule; but, prior to the expiration of the month, I repeatedly called the foreman into the counting-house and told him to tell Robinson that we should not continue him; and the foreman told him we should not—the prisoner came into the office, and begged very hard to be continued—I told him the amount of the sales he effected was so trifling it was not worth our notice—he pleaded again to be continued, and I said, "If I do it will be with a view of befriending you, but there will be no commission"—I did not pay him the 25s. a week; it was not in my department—he was not paid the first week, the second, or the third—I told the foreman to pay him the four weeks, and he misunderstood me; he should have paid him the month, and he paid him only one week—since then he has been paid every Saturday night—he was to have paid half the bad debts of the sales effected by him out of the commission, but he had no commission—I am not certain about the date, but it was on a Saturday he was suspended, and on the Tuesday he was given in custody—I did not ask him to go over the books with me—the books were all in our office—the prisoner would have an order book to take out each day; he would call on families and take orders and enter them in his order book, which book he would return at night, and the next morning he would have his way-bill—if he received money he would not enter it in his book, but in the way-bill which he gave in—the way-bills were made out by our junior clerk, my younger brother—these are the way-bills—here is the column in which he entered the money he received—he should enter these sums at the time he receives them, or at some time previous to balancing the way-bill—when he came home he had to account to the cashier—the order-book is the book in which he entered the orders he received—he would leave the order-book at home, and the orders would be entered in the way-bill for the next day—our cashier is never out of the way; if he had been out of the way I should have attended to it—in the event of our both being out of the way the foreman would have taken it—there is no other person who would receive it from the travellers—we have another cashier who receives the accounts in the house—the orders the prisoner got and entered, are from persons whom he introduced to the firm, I should presume entirely so, and that business did not pay—he made not one-fourth part of the average of our carts—he entered into our service in July—on 21st August, he received payment for one week instead of the month—I believe it was prior to that being paid, that I told him there should be no commission—I kept him on after that for his own benefit—I believe the bad debts were not mentioned—the commission was destroyed, and therefore the bad debts would be destroyed—we had a bond which was for his honesty only—our attorney has the bond.
Mr. GIFFARD. Q. Were you at all aware of the error which your foreman
had made? A. I did not know it till I gave the prisoner in custody—the prisoner had never mentioned it to me—he had no authority whatever to deduct anything from what he received.
MR. METCALFE. Q. Are you not aware that on several occasions when he has received a small portion of money, he has paid the rest out of his own money? A. I never heard of such a thing; it would be contrary to all regularity.
MR. GIFFARD. Q. If Mrs. Lockhart had only paid 1l., would you have known if he had paid the whole sum? A. Yes; if he had, he would have entered it on the way-bill—the accounts which are due are put down as owing—he would have it before his eyes every day—the name of every debtor would appear every day—on 12th October it appears as owing, and there appears nothing received on that day—this other way-bill of 16th October has Mrs. Lockhart's name returned as being indebted 3l. 3s. 5d., and here is no receipt of money on that day—in this way-bill of the 19th, here is Mrs. Lockhart indebted 3l. 3s. 5d., and nothing paid—in this way-bill of the 21st here is Mrs. Lockhart indebted 3l. 3s. 5d., and nothing paid; and on each of these way-bills here are the names of the other two persons who have been examined, their accounts as due, and not paid.
THOMAS LAWSON . I am cashier to Mr. Moore—it was my duty to receive money from the prisoner—he has not accounted to me for 1l. 6s. received from Mrs. Lockhart; for 14s. 2 1/2 d. from Mrs. Butcher; nor for 1l. 19s. 2d. from Mrs. Beecher—he has not accounted to me for any sums received from any of those three persons.
Cross-examined. Q. Do you know when he made up the way-bills? A. No, it was before he came to the office—he made them at his own home, I believe—he took the order-book and made up the entries at his own home, and brought it back and accounted to me—I don't know that he has on some occasions, when he has received a portion of an account, paid the difference out of his own pocket—I have never heard it—I am not aware that he has—it was not my business to pay his salary; it was the foreman's—there was no one else to whom he would give account of money received—I have always received all the money the prisoner has paid in.
Cross-examined. Q. You paid him 25s. only on the 24th, and you ought to have paid him the four weeks? A. Yes; I did not know what he was to receive—I knew there was something not paid—I should have applied to Mr. Moore to know what I had to pay—it was mentioned to me by the prisoner that there was something owing—if I had known what I ought to have paid him I would have paid him—the prisoner said there was a balance due to him; I said, "I must speak to Mr. Moore to know what there is to pay"—the first three weeks Mr. Moore was not there, or I should have mentioned it to him—after I had once paid the prisoner I did not leave any weeks unpaid—I will swear I made a payment on the next week, and every week after that—this is my book; here is the entry of payment every week till the 21st October.
GUILTY .—Recommended to mercy by Jury. Confined Six Months.
40. WILLIAM HARRINGTON (21), WILLIAM FAULKNER (20), WILLIAM MASON (20), and JAMES DAVIES (18) , Burglariously breaking and entering the dwelling-house of George Crafter, arid stealing 1 watch, 1 brooch, and other goods, value 3l. 15s. and 1l. 17s. in money, his property.
MR. COOPER conducted the Prosecution.
GEROGE CRAFTER . I keep the Red Lion public-house, in Hough ton-street, St. Clement Danes. On 27th October I closed my door—my house was secure—I then went to bed—I was the last person up—I came down at 7 o'clock next morning, and I observed my testing glass standing on the counter—I had bad some small silver in it the night before, sixpences and 4d. pieces—I had gome cigars there, and some 5s. packages of halfpence, and my brooch and a watch; and in the morning I missed the brooch, the watch, and cigars and silver, and three 5s. packages of halfpence—the entrance had been made through a window in the back court—the window had no fastening; its own weight shut it and kept it down—in the morning it was up about eighteen inches.
WILLIAM GARNER (Policeman, F 89). On the night of 26th October, about 12 o'clock, I was on duty in Little Catharine-street, and. I saw the four prisoners in company with another man—I knew Faulkner and Harrington—they went in the direction of Clare-market, which would be in the direction of the prosecutors in Houghton-street.
Cross-examined by MR. METCALFE. Q. Do you know, that Faulkner is potman at a house near there? A. Yes—I saw him shutting the shutters between 11 and 12 o'clock that evening—when I saw the prisoners together it was about a quarter of an hour afterwards.
Cross-examined by MR. AUSTIN. Q. Where were you when you law the four prisoners? A. I was on one side of the way and they oi the other—they were standing together when I first saw them, and then they left and walked away together.
JOHN MATTHEWS (Policeman, L 76). At a little before 4 o'clock on the morning of 27th October, I was on duty in Stanhope-street—I saw five men come out of Holles-street about ten yards from where I was standing—the prisoners were four of the men—three of the men turned in the direction of the Strand, and Mason and Davis came towards me—I said to them, "Where are you going at this hour in the morning?"—they said they were going home—I asked them where—they said to 3, Eagle-court—I saw Mason's pockets were full, and I said, "What have you got In your pockets? and I tried to take hold of him—he turned himself round and ran down a street—I left Da vies, who was taken by policeman 134—I followed Mason, sprang my rattle, and called "Stop thief"—he can down into Newcastle-street, and at the back of the theatre he dropped something which I supposed to be money—I heard it jink on the pavement—it appeared like coppers—he then turned to Wych-street, and I heard something drop on the pavement like iron—I followed him up Drury-lane to White Hart-street and into Eagle court, where I lost sight of him—I saw the Serjeant at the corner of the court—I went with him and saw Harrington in custody—I identified him as one of the three who had turned towards the Strand—I had known him before—I searched him and found on him 12s. 5 1/2 d.—I afterwards went to Eagle-court—I went to the third door and knocked—I heard some one say, "Who is there?"—I told them Police—I heard some one inside say,"Don't open the door"—the serjeant then said, "If you don't open it, I will"—the door was then opened—we went into the room, and on the bed the prisoner Mason was lying undressed, and Faulkner was in the act of taking his trousers off—we took them both in custody—I afterwards returned to Wych-street, where I found a quantity of paper on the
pavement and some coppers—I found this iron jemmy in the passage at the back of the theatre where I heard the iron drop—I then went into Mason's court, where I first heard money drop—I there found a quantity of coppers and these pieces of paper—I went to Newcastle-street and found this brooch—that was in the trail that Mason took—I received these two parcels of cigars from Bell.
COURT. Q. When you saw the five prisoners were they coming from Houghton-street? A. They were—I found these things in the direction that Mason went—when he got from me he ran in the same direction that the other three had gone.
MR. AUSTIN. Q. Is the officer here who took Harrington? A. He is—it was about 4 o'clock when I first saw these men—they were walking the street all together—they were not drunk—I do not see many people walking at that hour in the morning.
Mason. Q. You say you saw something in my pockets, what pockets had I? A. They were pockets behind your coat.
Mason. I had no pockets behind—when you came to our room and knocked, you did not say who was there, you said, "Open the door, or I will burst it open." Witness. No, I said "Police." I did not hear somebody say, "Don't open the door till you know who it is"—I heard "Don't open the door"—I believe it was Faulkner opened the door—he was taking his trousers off directly I got in—I said directly you were the man.
Davies. Q. Did you see me in company with Mason at 4 o'clock that morning? A. Yes.
COURT. Did you know him before? A. No—he stood still—he was taken on the spot by another officer—I ran, after Mason.
Cross-examined by MR. AUSTIN. Q. How for were you from them? A. About ten yards—it was nearly 4 o'clock—it was not very dark—I did not turn my bull's-eye on them—we stopped Mason and Davies.
JAMES SPINAL (Policesergeant, F 1). I apprehended Harrington—he was running fast in a direction from St. Mary's Church, where the cigars were found—he was about one hundred yards from it—he was in the Strand, in company with another man, going towards Charing-cross—he came towards me—I heard the rattle springing and I stopped him.
GEORGE CRAFTER (re-examined.) This brooch is mine and is one that I had in my house—these brown papers are what the halfpence were tied in—I know them by the bungling manner in which I tied them up and the string—I know these two sixpences which are among the money found on Harrington—these cigars I believe to be mine—they are of the same kind as mine—they were found in this pocket handkerchief which belongs to one of the prisoners—the cigars were in this box which was found in my yard where some of the cigars were dropped.
Cross-examined by MR. AUSTIN. Q. Is there anything particular in these cigars? A. No, they are very much like others—these two sixpences I can recognise—one has a piece out of the edge of it—I have a little club at my house, and parties pay 6d. or 3d. a week, and this sixpence was given me by one of the members, and it was remarked at the time that they had been having a feed out of it—I am not aware that that remark had ever been
made before—I have seen silver coins which have been slightly bruised, or battered, or broken—I went to bed about a quarter or twenty minutes past 2 o'clock that morning—I saw those two coins before I went to bed—I did not examine them particularly, but I took them—this other one I can identify, it is an old sixpence with a very sharp impression—a good many persons had been at my house the evening before—I close the door at 12 o'clock, when I can—I had my brother that night and a few private friends—they went about 2 o'clock, and I closed the house and went to bed—I had 9s. 6d. or 10s. in silver in the bar, and one shilling and two sixpences and some coppers in the till—I know the money I had by a book which I keep—I don't employ a servant; only my wife, and a potman, and a cook, but she is not in the bar—I reckoned what I ought to have had—the last coin was in my till; that in the glass I had not counted.
Mason's Defence. I went to see a young woman and when I got there she was out, and I could not get in—I saw Faulkner come home—I asked him to let me sleep with him—I went to sleep till I was awoke the policeman—he said Faulkner was the man he wanted—Faulkner dressed himself, and then the policeman said he would have me too—that is all I know.
Harrington received a good character.
GUILTY .— Confined Twelve Months each.
FAULKNER— NOT GUILTY .
MR. COOPER conducted the Prosecution.
ELLEN JOHNSON . I am the wife of James Johnson, a stonemason in King-street, Mile-end—the prisoner is my sister—I was present at Stepney Church, on 25th February, 1839, when she was married by banns to Samuel Harmer—they lived together about two years, and he left her and went abroad—they parted by mutual consent—I have never heard of him since—my sister lived with us seven or eight years—I don't know of her having any communication with her husband.
FRANCIS PARR . I am a licensed victualler, and keep the Jacob's Well in Mile-end—I became acquainted with the prisoner between, nine and ten years ago—I continued my acquaintance till December, 1849, when we married at St. George's-in-the-East—she told me she believed her husband was dead—we parted afterwards in consequence of her actions, and then I discovered her husband was alive—she continued annoying me several times, and the last time she brought a number of persons round the house—I went and told her husband and indicted her for bigamy.
MART ANN HARMER . I am the prisoner's daughter—she lived at 3, Corbett's court—I was present on 24th December, 1849, at St. George's Church when she was married to Mr. Parr—last summer I saw my father; I accidentally met him in the street—I had not seen him before since I was about seven years old—that is eighteen or nineteen years ago.
COURT. Q. Did your mother know anything about your father? A. No.
first husband was alive—she said yes, she believed he was—She saw him two or three weeks ago.
NOT GUILTY .
WILLIAM VAUGHAN . I am an officer—I was on duty on 29th August in Whitechapel, between 7 and 8 in the morning—I observed the prisoner walking down North street with a bay mare—he offered it for sale to some man who refused to buy it—I went and asked him where he came from—he said from St. Luke's—I asked him how he became possessed of that mare—he said he had had it for six years and a half, that it was blind with one eye and broken winded, and he wanted to sell it as it was of no use to him—he afterwards told me that he and another man took the mare from Hackney-marsh, from a field near the church, about half-past 5 o'clock the evening before—and if I went in that direction I should find the owner—I took possession of the mare, and Mr. Tate came and owned it—I went to Hackney station and gave information—the prisoner said, "The other man that was with me when we stole the horse, has just made his escape."
Prisoner. He is making a false statement—I said the horse was brought to me to sell, and I wished to sell it. Witness. No, you did not.
WILLIAM GEORGE TATE . I am a greengrocer and carman—I had a mare—on 28th October it was on the marsh ground at Hackney—the next morning my son went to fetch it, and could not find it—I saw it afterwards at Worship-street—I did not give anybody any permission to take it away or to sell it—it was taken unknown to me—it was worth about 6l.
Prisoner's Defence. The mare was brought to me for sale—I went to sell it—I told the whole truth—I had nothing to do with stealing the horse.
GUILTY .— Confined Six Month.
MR. HORRY conducted the Prosecution.
JAMES SIMPSON . I live at 56, Drary-lane, and am a traveller. I went to bed about 11 o'clock on the night of 15th November, at my own residence—between 1 and 2 o'clock next morning, I saw the prisoner on the first floor landing—there were two females with him—they were coming up-strairs making a noise—I got out of my bed and looked at them—they were making a great disturbance, and the female who has the shop below got up and told them to be quiet—the prisoner rushed towards her—I got out and took hold of the prisoner on the landing—he was ill-treating the woman—he assaulted her, and I took hold of him to prevent him-with that he kicked me all about my body and my legs—I let him go—I then laid hold of him again, and put him on his back—he then took something out of his pocket, and stabbed me in my hand—he made my hand bleed—he also cut me on my nose and made a gash—I let him go, and he ran up-stairs to the back room on the third floor, and locked himself in—a policeman came, and I and the policeman went up-stairs after him—we had to open the two back room doors on the third floor to get him—I went to the hospital, and had my wounds dressed—they bled very much—the cut on my hand is not well—it waa a very bad cut.
Prisoner. I was very much in liquor at the time—I did not stab him with a knife—there was not a knife in my possession—it was the rings on
my fingers—I had time rings on my fingers—there was no knife found on me.
Witness. He was not so tipsy bat he knew what he was doing—he was quite sensible when he got to the station half an hour afterwards.
COURT. Q. Was it possible that those wounds could have been inflicted by a ring? A. It is quite impossible.
GEORGE WOOD (Policeman, F 135). I board a cry of "Police" at 56, Drury-lane, on the night of 15th November—I went and saw the prosecutor bleeding from the hand and nose—he pointed out a room, which I had to break two doors to get to—I took the prisoner—he was drunk—I said, "You are charged with stabbing Mr. Simpson"—he laid, "Very well, I will go with you."
COURT. Q. Did you find any weapon on him? A. No; I saw no blood on his clothes—I searched the room—there were two women in the room where he was taken.
Prisoners Defence. I was intoxicated—I did not have a knife—I went in the room and shut the door; I did not lock it.
GUILTY of Unlawfully Wounding.— Confined Six Months.
THIRD COURT.—Wednesday, November 24th, 1858.
WILSON PLEADED GUILTY.— Judgment respited.
MR. RIBTON conducted the Prosecution, and, upon his opening, THE COURT considered that there was no evidence of any guilty knowledge against WAITE.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
WILLIAM CLAMP . I am a furniture-dealer, of 15, Eaton-place, Old-Kent-road, and deal with Mr. Anidjah. In April last, the prisoner brought me a table, which I purchased of him for 13s.—what makes it perfect in my memory is that I did not know that Mr. Anidjah dealt in tables, and the prisoner said, 'It has nothing to do with Mr. Anidjah; it is my own property"—I therefore paid him at once—he did not give me a receipt—he brought the table in the van which comes every week.
Cross-examined by MR. LILLEY. Q. How long had you dealt with Mr. Anidjah? A. From December, 1857. I had been accustomed to buy looking-glasses of him—I had not bought any pins—I deal in furniture, looking-glasses, and miscellaneous articles, but no fanoy articles—I did not pay for my goods on delivery—I used to run an account with Mr. Anidjahy and paid him a little at a time; sometimes 3l., sometimes 4l. sometimes 5l.—I received an invoice or statement with respect to this table two or three months afterwards: that is how I discovered it—Mr. Anidjah brought me in debtor 16s., and I did not owe him a farthing—he and I had some words about it—I do not in general take a receipt for a small article like this—
when the prisoner brought me goods on Mr. Anidjah's account, he left me an invoice; but he told me this table was his own, and therefore I paid him.
MR. ROBINSON. Q. Were the payments you made always paid to the prisoner? A. Generally; but sometimes Mr. Anidjah came down with the goods, and I paid him.
JANE HORSNAILB . Q. I am the wife of Alfred Horsnaile, of Strood, near Rochester, upholsterer. On 9th September, I bought of the prisoner, at Strood, two cases of breast-pins, and paid him 1l. 4s.—I did not take a receipt—I thought it was a little matter on his own account—he gave me that impression.
Cross-examined. Q. Did he deliver the goods at the same time? A. Yes; he had them in his hand, showing them, and I took them—there were, I think, twenty-four pins in a case—my husband dealt with the prisoner first for the upholstery business; and this was the fancy department, which I have the management of—I paid the prisoner the money—I did not have a receipt, or even a bill of them—I only judged that they were his own, from their being such different articles from Mr. Anidjah's—we never bought anything of Mr. Anidjah but looking-glasses.
ALFRED HORSNAILE . The prisoner solicited me to buy some looking-glasses. I did not want any, and he then introduced these pins on his own account, as I thought—he said that he had got them from Birmingham—I cannot positively say that he said that they were on his own account, but he gave me to understand that it was a Birmingham transaction, whereas Mr. Anidjah carries on business in London—I knew that he was travelling the country—I took the pins to my wife.
ABRAHAM ANIDJAH . I am a looking-glass maker and furniture-dealer, of Bishopsgate-street—the prisoner has been my traveller about ten months—I paid him 2l. a week—it was his duty to take out goods, sell them, and pay me, Mrs. Anidjah, or my foreman—an entry of the goods he takes out is made out in pencil on a long piece of board, and every article as it is brought home again, is credited to him on the board—this (produced) is the book in which he enters goods which he has sold; it is in his writing—he accounts here for 13s. for a table sold to Mr. Clamp in April; but he never paid me the money—I know of his taking out some breast-pins—here is no entry of the sale of them—when I questioned him, he said that he had sold two boxes to Mr. Miskin for 20s. which was not paid, and had forgotten it—I wrote to Mr. Miskin about it, and received an answer—Miskin is a customer of mine—I communicated the result of the letter to the prisoner, that he had nothing of the sort, and then he said he thought it was to Mr. Horsnaile that he had sold them—this is my book, in his writing—I gave him the money to purchase it—here is an entry "September 9, Mr. Horsnaile, Strood, two cases, 1l."—he has never paid me either 1l. or 1l. 4s.—this book was in his possession when I asked him for the explanation—I asked him for this book and another several times, and he said that he did not know where they were: I found it at last at his house—he said that he had not received the 20s. or one farthing from Horsnaile; but one day, Horsnaile was at ray counter, and was confronted with him, and he then said that he had accounted for it—that was some time in October—when he came home from his journey I went on my journey, which prevented my calling on him to account—I was away a fortnight or three weeks—I have a van—my servants sell the goods, and they are delivered at the time of sale—the prisoner had no van with him—I have a good many customers in that neighbourhood, and the prisoner had the pins in his pocket as samples, and
sold them—he said that Mr. Clamp was constantly shuffling with him, and he could not get paid; I had an altercation with Clamp in consequence, and with various other customers.
Cross-examined. Q. How long did his journey occupy? A. Very nearly three weeks—he remitted me money three times during his journey—he paid his expenses out of the money he took, if what I gave him was not sufficient—this large book was at my establishment during his journey—I have not looked in this little book to see if there is any entry about the table—it shall be looked for—it was very rarely produced to me—I have often asked him for it; it is mine; I gave him the money to purchase it—the books have been in my possession since he has been in custody—I gave him in custody about a week after I returned from my journey—he came to my house when I was engaged with two gentlemen on business, Mr. Horsnaile being one, and when I went to look for him he was gone—I do not remember saying that if he did not go about his business I would serve him as I did Clamp, or give him as much as I had given Clamp—I had given Clamp that which I thought he deserved—I will not swear that I did or did not say that to the prisoner—I did not order him to go out of my establishment—I said, "Go out of the counting house," and when I came out he was gone.
COURT. Q. Did he mention the sum that he had sold the table for? A. Yes, in his book, 13s.—in this little book he has entered, "two cases I," meaning 1l. I suppose—the little book would be Kept on his journey as well as in London.
The prisoner's statement before the magistrate was here read at follows:—"I say distinctly, I never received that 13s. of Mr. Clamp—I also say that Mr. Anidjah wrote down all the cash received, and from whom I received it, in his own writing in his book at my dictation, and on my return home he made himself debtor to me of 11s. 3d. for that journey, and I thought I told him plainly that Horsnaile had paid, but whether he noticed it or not I cannot say.
Cross-examined. Q. Did you find a book on him? A. Yes—this is it (produced)—I took him from Mr. Anidjah's warehouse.
COURT to ABRAHAM ANIDJAH. Q. Did the prisoner come back? A. He pretended to be ill, and I had two doctors to him whom I paid, and then asked him if he would come and put his affairs right, and when he came I had him taken in custody—this is not the same book but it is another of the same kind—here is "Mr. Clamp, one table 12s. 6d."—I can show you every farthing he sent up on that journey—I paid him his riding expenses—he gave an account to me of the cash he received and his expenses—riding expenses would not include bills at inns—they had nothing to do with me, but omnibus, cab, and railway expenses I pay—he charges me with the carriage of parcels, but the bills at the inns are his own—he did not claim a balance against me—I made the proposal to him to come to me after paying the two doctors, but when he came to me I did not enter into the accounts with him at all, because I had written to my customers and discovered the embezzlement that had occurred—when he came the officers wore there to apprehend him—his doctor said, "He seems to be excited, you had better not let him be removed," and then I sent for Dr. Love of Old-street, who said that it was put on.
MR. LILLEY. Q. Suppose he was in town, who paid for the keep of his horse? A. There was no stable expenses, the horse had no right to be taken
out of the trap when it went from my house—the prisoner took food with him—I paid the stabling at night—the prisoner paid the tolls—I paid a boy ten years old for looking after the horse—the prisoner never went into the country with the horse further than Croydon, and he never paid for it's keep—I paid the boy 3s. a week—he had to mind the van while the prisoner was away selling—the entry in this small book for the table is 12s. 6d. instead of 13s.—it is 13s. in the other book—here is, "Horsnaile, 1"—he has not entered that in the large book—entries are made in the large book when he comes home from his journey—Horsnaile's account would have been entered when he came home, but he never accounted—other persons' transactions have been accounted for—I have asked for the book and it has been withheld from me—he has been with me ten months—the amount of business he did was I should think about 15l. a week.
COURT. Q. Who made the entries in the larger book? A. Himself, in my counting-house—he wrote them down every evening—he has had a very bad hand and could not write, and asked me to write for him—but that does not apply to this time.
GUILTY .—Recommended to mercy by the Jury on account of the loose way in which the books were kept.— Confined One Month.
There was another indictment against the prisoner.
MR. COOPER conducted the Prosecution.
WILLIAM HESTER . I live at 23, Newton-street, Hoxton. On 9th November, I was in Cheapside, when the Lord Mayor's procession passed—there were a great many people bonnetting and striking people in their faces—I had a gold watch in my waistcoat pocket and two coats buttoned over it—I lost my watch temporarily—I saw a man with his hands through my coat in the act of taking it; I afterwards saw it on the pavement—I saw a man near, very much like the prisoner, but cannot swear to him.
Cross-examined by MR. SHARPE. Q. Did you see the prisoner at all? A. I have an impression that I saw him taking an active part in the bonnetting—he is not the man who stole my watch—my belief is that a man dressed like him was taking an active part in the disturbance, but I know nothing of his features.
FRANCIS WILLIAM RAVEN . On 9th November, I was in Cheapside and saw Mr. Hester's watch taken—Mr. Robinson seized him and his hat was knocked over his eyes—he took his hand off the prisoner to put his hat right, and I seized the prisoner—we struggled some time and I was knocked down; one man hit me on the legs and arm and held me by my hair behind—we all fell down together, about a dozen of us—I endeavoured to catch hold of a black man who had got the watch, and the prisoner came in front of me and said twice, "He has not got your watch"—I felt my coat unbuttoned to the very last button, and both his hands in my waistcoat pockets—I had four or five shillings there half an hour before which I afterwards missed—I retained hold of the prisoner and gave him in custody.
Cross-examined. Q. When had you looked at your money? A. In Cheapside—I had money in my trousers pocket as well—there was a tremendous crowd, and they pressed against me—it was my impression at the time that the prisoner was endeavouring to stop the other man—I held him till a policeman came up—nothing was found on him.
COURT. Q. Can you swear that the prisoner took your money? A. No, but his hands were in my pocket.
WILLIAM ROBERTSON . I live at 83, Victoria-road, Kensington—I was with Mr. Raven—I saw a watch taken from Mr. Hester—I seized the man and was bonneted—I let go my hold to put my hat up, and to get my hand from another man's month, who was biting me—some little time afterwards the prisoner came up and said, "Let him go, let him go, he has not got your watch"—I said, "I know all about that, attend to your own business"—shortly after that we were thrown, and when we recovered our feet I saw the prisoner's hands in Mr. Raven's breast, and heard Mr. Raven say, "You have robbed me"—I seized him and held him—he said that he would stab me or skewer me, and I received a gash on one side of my hand—I think it was with a blunt instrument, such as a wooden skewer—it severed the flesh—I think he said "I will stab you," but there was a great disturbance.
GEORGE CORFIELD HORTON . I am a traveller, and live at 6, Wardrobe-place, Doctors'-commons—I was in Cheapside on Lord Mayor's day, and saw the prisoner leading a gang, and bonneting people—I know he was leading because several of his associates followed him, and directly he bonneted one the others bonneted also, and if he got into trouble they took his part—I had him in view three-quarters of an hour, and saw that happen very often—I lost my hat when I was bonneted, and did not get it again.
COURT. Q. How came you to come up as a witness? A. I gave my name to Smart, the policeman, and was subpœnaed—I saw the prisoner with both his hands at Mr. Raven's waistcoat pocket, and saw Mr. Raven seize him—the prisoner said that he would let Mr. Raven's b—y gats out unless he let him go—he had a skewer in his hand, such as butchers use in the markets, about the eighth of an inch round, and as long as this pen—I called out "Police," and then followed to the station, and gave the officer my name and address.
Cross-examined. Q. Is the skewer here?—A. No, he threw it away after he was taken.
GUILTY of attempting to steal.— Confined Twelve Months.
PLEADED GUILTY .
MR. LILLEY conducted the Prosecution.
WORTHY BLAKE . I am a carpenter, of 98, Paul-street, Finsbury. On the 18th September, at 6 o'clock in the evening, I was in Chiswell-street, and met the prisoner, who asked me if I wanted to buy any cigars—I went into a public-house in Chiswell-street with him, and had some beer—he then produced a watch and chain, and asked me 6l. 10s. for it—I asked him whether the watch was not German silver—he said, "No," and he wished God Almighty might strike him dead if it was not silver, and the chain gold; that he was a smuggler come from Boston, in America, and the captain died and he collared his watch—he came down to 1l. from 6l. 10s. without any intermediate price—I gave him 1l. for them—I noticed that he was anxious to get away from me afterwards, and I followed him—he said that if I followed him he would knock my b—y eyes out—I continued
to follow him till I saw a policeman, and then gave him in custody, as I thought he had taken me in, and that the watch was not silver—he did not mention the value of it, but he asked 6l. 10s.—he afterwards said that the head steward of the vessel gave him the watch—I should not have paid him the sovereign if he had not said that the watch was silver and the chain gold.
Cross-examined by MR. METCALFE. Q. How old are you? A. Eighteen—I never bought a watch before—I thought the chain was gold, and was glad to get it at that price, or I should not have paid him—this is the watch and chain (produced.)
MR. LILLEY. Q. What is the value of the watch? A. Eight shillings, and the chain about two shillings.
COURT. Q. Do you call yourself quite competent to determine? A. Yes; I scraped it at the police court, but it does not require testing—some such watches as these will give the time; they are old movements purchased for about 2s., and put into cases—I could get this watch at Birmingham for 8s., wholesale price—I dare say it would go for six months—I have seen them marked at 15s. retail—the chain would be marked up at 4s. 6d., I should say—I have seen them in pawnbrokers' windows—I know that pawnbrokers are often induced to lend more than the value of an article.
MR. LILLEY. Q. Can you form any judgment how much silver there is? A. It is merely dipped in silver, that will not last many days—I should say there is not more than one dwt. of standard silver on it, and not six penny-worth of gold upon the chain—it takes very little.
COURT. Q. To people who are rather rough would it be better than a delicate watch? A. Yes—the works are all genuine, but out of an old watch—the foundation is German silver, worth half-a-crown a pound—the foundation of the chain is brass or metal.
WILLIAM LEATHER (Policeman, N 168). On the evening of the 18th November, at 7 o'clock, I took the prisoner in the City-road, and asked him how he came to defraud the young man of the pound by selling him the watch—he said, "What has that to do with you?"—I was in uniform—he resisted violently, but with the assistance of two other constables I got him to the station—he is a powerful man, and was in liquor—he knew what he was doing—he had got a quantity of such jewellery about him, such as pins.
MR. LILLEY referred to the cases of Rex v. Roebuck, and Reg. v. Bryant, and contended that there was no case against the prisoner, it being there decided that a misrepresentation as to the quality only of an article is not an offence in law.
COURT to CHARLES PRICE. Q. Would you sell this as a silver watch? A. Certainly not, nor should I call this a gold chain—the selling price of the two would only be 19s. 6d.
THE COURT considered that there was a case for the Jury.
GUILTY .— Confined One Month.
OLD COURT.—Thursday, November 25th, 1858.
Before Mr. Baron Bramwell and the Second Jury.
49. LEWIS LEWIS (38) was indicted for, that he, having been adjudged a bankrupt, feloniously did omit to surrender to the Court of Bankruptcy on the day limited for his surrender, with intent to defraud hia creditors.
MR. SERJEANT BALLANTINE, with MESSRS. METCALFE and LEWIS, conducted the
EDWIN CALDEOOTT . I am a partner in the firm of Caldecott, Sons, and Woodcock, carrying on business in Cheapside—I know the prisoner—prior to May, 1857, he was carrying on business at 58, Exmouth-street, Clerkenwell, as a draper and wholesale milliner—prior to that date we supplied him with goods—on 6th May he was indebted to us in the sum of 517l. 8s. 11d.—I petitioned the Court of Bankruptcy upon that debt, or such portion of it as was due at that time—I think, 70l. or 80l. was due at that time—it was more than 50l.
Cross-examined by MR. GIFFARD. Q. You say he was indebted to you that amount, I suppose because you have been told so—you did not deliver the goods? A. Not with my own hand, but in the usual course of our business—I speak from an investigation of our books—that is my means of knowledge.
MR. METCALFE. Q. Had you any conversation with the bankrupt about the debt? A. I cannot speak positively, I believe I had—that was perhaps a month or more before I was aware he had stopped payment—I called his attention to the state of the account—I told him it watt over-due, that I should be glad if he would pay up closer—he had dealt with us for some years—I had repeatedly seen him in the way of business—I had spoken to him about the accouut, more than once or twice, about its being over-due—nothing ever passed on his part denying the claim; he had statements regularly sent in from our firm—I have told him, when he has come to pay amounts on account, that his account was over-due and it ought to be better paid, and on one occasion I told him we must send in bills for his acceptance: he said he never accepted bills, but he would pay up the account better—I should think the amount of his account at that time was 500l.—I can't say that I spoke to him of the amount—I had the ledger before me, and our usual monthly statement which had been sent to him, that was produced by him—I cannot say that I compared that with the ledger in his presence—I presume he took the original with him—I cannot speak from memory, only from the general course of our business arrangements at the time.
GEORGE WALKER . I am clerk to Mr. Johnson, a messenger of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of Lewis Lewis, of 58, Exmouth-street, Clerkenwell—here is the petition for adjudication dated 8th May, 1857, and the adjudication on the same day by Mr. Commissioner Fane, the summons to surrender signed by Mr. Commissioner Fonblanque, on 10th May, fixing the 22d and 30th June as the days for surrender—here is also the London Gazette of 19th May containing the notice to surrender. On May 8th I served the duplicate, adjudication at the bankrupts premises, 58,
Exmouth-street, by affixing it on the wall of the shop—the bankrupt did not surrender on the 2d or 30th June. I called him in court on the 30th, in the usual way—there is no memorandum of any excuse for non-surrender—Charles John Leaf and Henry Robinson are the creditors' assignees; Mr. Edward Watkins Edwards is the official assignee. There is an order made by Mr. Commissioner Holroyd for this prosecution.
JOSEPH PACKER . I am assistant to one of the messengers of the Court of Bankruptcy. On the 8th May, 1857, I accompanied Mr. Walker to the prisoner's premises in Exmouth-street—he left me there in possession—it was about 4 o'clock in the afternoon—I remember the summons being affixed to the walls—I saw the prisoner about 7 in the evening, and I took the summons down and gave it to him himself. I remained on the premises that night, and up to about half-past 4 the following morning—I never saw him after that—I remained on the premises three or four weeks—we made inquiry from the prisoner about his books—we found some books and papers—they were delivered to his assignees. I asked the prisoner if he had any more books or papers than what we had collected and sent away—he said he had, and that his solicitors, Messrs. Lewis & Lewis, of Ely-place, were in possession of them, and if we made application there, no doubt they would give them up.
Cross-examined. Q. You say what you affixed up and what you gave the prisoner was a summons? A. It was the adjudication of bankruptcy; afterwards there was another summons, when he did not surrender to his adjudication; that was left it might be a fortnight afterwards. I am quite sure that I am right about which it was I took down; it was on the 8th of May, about 7 in the evening; it was put up within a quarter of an hour of 4 o'clock, when we went in.
MR. SERJEANT BALLANTINE. Q. Do you know of a summons being affixed up afterwards? A. Yes; I do not know what has become of it—I have not seen it since—I looked on the premises afterwards—I put it up—I forget what became of it, whether I took it down or left it on the premises, I do not know—it was a summons for his surrender.
CHARLES JOHN LEAF . I am a member of the firm of Leaf, Son, & Co., of Old' Change—we had dealings with the prisoner, and supplied him with goods for several years. In April, 1857, about 270l. odd was due to us by him; altogether he owed us about 1,200l.—I saw the prisoner on the 6th of May in company with Mr. Parrington, at the prisoner's house, about 3 or 4 o'clock in the afternoon—I found him in bed—he told me he had received a summons from the Court of Bankruptcy—he said he was quite upset by his troubles, and he had lost his appetite—he made an appointment to beat my counting-house next day at 1 o'clock, to meet me and one or two other creditors—I was at my counting-house next day from 1 o'clock to 6—he did not come—I never saw him again until he was in custody—he was to have come to speak about the state of his affairs.
JOSEPH PARRINGTON . I am an accountant in King-street, Cheapside. On the 4th May I called on the prisoner and told him that his creditors desired an investigation of his affairs—he declined to permit it then—he said he would permit it some days afterwards, when he had consulted a relative—I called again the next day, the 5th, I think; he still declined to permit an investigation—he was up on that day—I called next day, the 6th, with Mr. Leaf.
owed him about 500l.—I had frequently been to his premises, and had seen his books in which he kept mine and other persons' debts to him; I believe it was the ledger—I have seen a book of that kind frequently—I have not examined it with him—I have seen him refer to the journal or day-book, but not to the ledger—I have seen him enter the goods to me—at the latter end of April, 1857, he proposed that I should accept some bills, as I could not pay the whole amount—I did so; about seventeen or eighteen—a portion of the debt was at that time due, I should think about half—goods had been supplied to me to that amount of money, and I accordingly gave the bills—I have paid some of them since, I think two—these (produced) are two of them—this one was paid on the 7th of July—I do not remember the exact date when the other was paid, but it was paid when it was presented—I handed them over to him after accepting them—these bills are two of the seventeen—they were drawn previously, but they were paid after the prisoner went away—one was paid through a banker, the other to a Mr. Hett, I think—these two are two of the seventeen—they were paid when they were due—they are both of them post-dated in the year 1858—(MR. GIFFARD objected to these bills being received in evidence, in consequence of their being post-dated. MR. SERJEANT BALLANTINE contended that in a criminal case a post-dated bill was not illegal, but any document which formed part of a fraud was admissible in evidence, although it might not have the legal qualification to make it usable in a civil process. MR. BARON BRAMWELL was of opinion that although they might be given in evidence, they could not be tendered as documents being what they purported to be; if they were tendered at bills of exchange, they were not admissible without a proper stamp.)—I have paid two sums of money upon these two documents—I paid the money on both occasions to Mrs. Lewis, the prisoner's wife—I paid that money on account of a debt that was due to me at the time he left this kingdom.
Cross-examined. Q. Did you know Mrs. Lewis before? A. Yes; while the prisoner was in this country.
PORTER HAMMOND . I am a wholesale milliner at 65, Blackfriars-road—in May, 1857, I was indebted to the prisoner to the amount of about 200l.—in consequence of some communication I went to him at his place in Exmouth-street in the middle of April—he said that he was in difficulties with his creditors; that he had lost a good many small sums, but putting them together they made a large amount—he came to me a few days afterwards, and asked me to accept bills for the amount of the account, as he was about compromising with his creditors, and wished to make use of them—I objected, and said I could not meet them if I accepted them—he said, knowing my position, if I would accept bills for half the amount I was indebted to him, he would give me a receipt in full—I objected, but afterwards, to oblige him, I consented to accept four bills of 25l. each—I did so, and gave them to him—I have the receipt here which he gave me (Read; "Received of Mr. Hammond all demands. May 2d, 1857. L. Lewis.")—some time after that, in July, I made a composition with my creditors—I paid 5s. 6d. in the pound—these bills have not been presented.
THOMAS DAY . I am a wholesale milliner in the Downham-road, Kingsland. In May, 1857, I was indebted to the prisoner about 90l.—I called on him about the 2d of May, 1857, and settled the account with him—it was made out in my presence from a day-book and another book—I gave him a bill for 30l.—that was what I was indebted to him at that time—I had paid him three sums of 20l. previous to his stopping—I have not paid the 30l. bill; it has never been presented to me.
ELLEN GOODMAN . I am a wholesale milliner at 1, Crutched-place, Hoxton. I was a customer of the prisoner's—in May, 1857, I was indebted to him 74l.—he called on me on the 6th May, about the middle of the day, and I paid him 30l. in cash, and gave him a bill for 36l.
JOHN KIRK . I am a wholesale milliner, and live in Rodney-street, Clerkenwell. I have known the prisoner some years—some little time before his bankruptcy he came to me and said that he was in very great difficulties, that the parties that owed him money would not pay him up at all, that they were a shabby lot, doing very badly, and he could not get any money from them, and he wished me to do all I could for him—I owed him at that time 335l. 6s.—he drew seven bills for that amount, and I accepted them—the account was made out from the day-book, I think—I think it was about a fortnight before the bankruptcy; it might have been three weeks—one of these bills has been paid, and part of another—I paid the one to Mrs. Lewis—I cannot tell the date exactly; it was after the bankruptcy—I think it was near the commencement of this year—I can't exactly say how much of the other I paid; about half the amount, I think—I paid that to Mrs. Lewis; that was also since the bankruptcy.
COURT. Q. Did you know that he was a bankrupt? A. Yes, I did; but I had no information about it—I thought afterwards that I was paying it to a person who was not entitled to receive it—I have not had to pay it again—the other bills have not been presented.
SAMUEL WILLIAM BOHLEN . I was apprentice to the prisoner—I was serving my apprenticeship at the time he went away—I was at the premises up to about a week before he left—I know that Messrs. Caldecott served him with goods; I used to go there sometimes and order the goods by the prisoner's direction—I had done so recently before the bankruptcy, perhaps a month before—I cannot tell the value of the goods I ordered then—I saw goods come in from Caldecott's—we had some unbleached calicoes about three weeks before the bankruptcy I think—I do not know what they amounted to, I dare say 10l. or 20l.—I know that goods came in at the beginning of the month—I never heard my master say how much he owed Messrs. Caldecott.
Cross-examined. Q. How did you know where the goods came from? A. By seeing the invoices; that was the only mode by which I knew.
COURT. Q. Did you see the man who brought them? A. They came in a cart, I think it was one of Johnson's carts; he is a carman—they did not come in Caldecott's cart—I had not ordered those goods.
JOSEPH HUGGETT . I am a detective officer of the City. I was sent over to New York in this matter—I there found the prisoner on the 24th November last year—I found him at the post-office, in the act of receiving a letter—I took the letter from him and got from him money to the amount altogether of 377l.; 150l. of it was in half bank of England notes, contained in the letter which he had just then received at the post-office—the latter was directed, "Richard Harvey, Post-office, New York, till called for"—I found that he was living there in the name of Richard Harvey—it was a registered letter bearing the English post-mark—I have a copy of it; the letter itself was delivered over to the prisoner by order of the sheriff—next day, I said to the prisoner, "A mail leaves for England to-morrow morning, and I am going to write to Mr. Jonas; if you feel inclined to give me any information respecting your books, it will greatly assist the parties over in England"—he said, "Mr. Huggott, I will tell you the truth, I left them with a Mr. White, an accountant in Whitecross-street, London"—I
had several conversations with him afterwards, I Was in the habit of meeting him daily—he gave a list of his creditors to Mr. Charles Edwards, a counsel at New York—he mentioned the names of several, Leaf, Caldecott, and others—he told Mr. Edwards, is my presence, that he owed between 200l. and 300l. to Messrs. Caldecott.
Cross-examined. Q. Do you mean that that was on the written paper, or that he said those words? A. He gave the words verbally to Mr. Edwards, and Mr. Edwards took them down from his lips—I did not make any note of what was said.
PETER PAGET . I am clerk to Mr. Edwards, the official assignee. It has been my duty to go through the bankrupt's books—I found a day-book amongst them; it does not contain entries of any debts of his own—there are a few memorandum-books with different debtors in them; they are here; they are debtors who have paid their debts—there are receipts in the books for money paid—I have not found any books that show what the amount of the outstanding debts was—there is a bought ledger up to 1857, but no book showing the amount of debts due to him.
GEORGE HENRY LEWIS . The bankrupt at one time consulted our firm—he did not leave any books in our possession to my knowledge—he consulted me, I think, on two or three occasions—I have none of his books to my knowledge.
Cross-examined. Q. I presume it is possible that your father or your uncle may have had consultation with him, without your knowledge? A. I do not know whether they had or not—the firm consists of my father and uncle, as well as myself; they all do business.
MR. SERJEANT BALLANTINE. Q. You have been subpœnaed in this matter, and have made search I presume? A. Yes—I have not found any books—I looked in the place where I thought I might find them.
HENRY WILLIAM ROBINSON . I am the son of Mr. Robinson, wholesale warehouseman, of Watling-street. At the time of the bankruptcy, I understood the prisoner was indebted to our firm, over 800l.—I know it of my own knowledge—my father is one of the creditor assignees.
Cross-examined. Q. You say you know it of your own knowledge; how do you know it? A. From our ledger—we have other books containing entries—the books constitute my means of knowledge.
MR. SERJEANT BALLANTINE. Q. Have you seen goods go out to the prisoner? A. No; I have never had any communication with him myself on the subject of goods—I think I have heard him speak about them, lately before the bankruptcy—I cannot say whether the amount was alluded to on that occasion—I did not hear any conversation as regards our debts, but as to goods.
MR. GIFFARD. Q. Have you a firm at New York? A. We have.
MR. SERJEANT BALLANTINE. Q. I hope you have got your money through them? A. No, we have not.
EDWIN ELVERSTONE . I am clerk in the firm of Bradbury, Greatorex, and Co. I know that the prisoner was indebted to us; I know it merely from searching our books—I have had no communication with him about it.
JOHN LARCHETT BOOBYER . I am clerk to Mr. Jones, the solicitor for the prosecution. I served a notice to produce, on the prisoner on 22d October; I likewise served one on his solicitors, Messrs. Humphreys; and I made a search in Whitecross-street, to find Mr. White, an accountant, but could not find him or any books. (The notice was taken as read, and the duplicate adjudication called for.)
MR. GIFFARD to GEORGE WALKER. Q. Were you present when the commissioner made out the adjudication? A. I was in the court—I cannot charge my memory as to whether I saw him sign it—I received direct from the commissioner all the papers adjudicating the prisoner bankrupt—I received them on 8th May, 1857, at 3 or half-past 3 in the afternoon—I received three adjudications, the petition, the affidavit in support, and two appointments of the official assignee, and the depositions—I went over all the three adjudications to see that they agreed.
COURT. Q. Do you know the commissioner's handwrititing? A. I do—I believe this to be his writing—I served the duplicate adjudication, and also the summons to surrender—I affixed it to the wall inside the shop—I left it there.
JOSEPH PACKER (re-examined.) I remained in the bankrupt's place for three weeks—during a part of that time the summons was on the wall—I do not know whether I took it down or not; and I do not know where it is.
MR. SERJEANT BALLANTINE proposed to read the original summons. MR. GIFFARD objected on the ground that the absence of the duplicate was not accounted for; the same objection was taken in the case of Reg. v. Gordon, and held to be substantial. MR. SERJEANT BALLANTINE contended that by the evidence a reasonable account had been given of the absence of the duplicate; and that he was therefore entitled to read the original, as secondary evidence: if the nature of the document had not been clearly shown, the objection might have been sustainable, upon the supposition that the missing document was evidence of a superior character; but here it was proved that the two papers were identical, and that question could not therefore arise. MR. BARON BRAMWELL entertained considerable doubt on the subject, and he could not accede to the argument of Mr. Serjeant Ballantine; the thing to be done was to give evidence of the contents of this document; the ordinary rule was to produce the original, if that could not be done you must account for its absence, and give secondary evidence; this would be secondary evidence, and secondary evidence could not be given until it was shown that the primary evidence was lost; he suggested that it would be desirable to have a history of the premises, since the prisoner left them. After consulting MR. JUSTICE HILL, who also entertained some doubts on the paint, the case was adjourned for a short time, to enable the parties to procure the attendance of the present occupant of the premises.
EDWARD CARR . I live at the house that was formerly occupied by the prisoner—I went in in February—the landlord did the house up, and I did up the shop—I know of no notice whatever attached to or fixed up on the the premises—I have not looked round to-day.
Cross-examined. Q. Who is your landlord? A. Mr. Lynn—I took the house in February—the landlord had sent in persons to repair, before I was there—February was the first time I was in the house.
MR. SERJEANT BALLANTINE. Q. Was it the house or shop that the persons were sent in to repair before you went there? A. The house, not the shop—I did the shop myself, with my own hands—I did not find any notice there, I had every drawer and every fixture out and thoroughly cleared—I cleared and cleaned the shop out myself.
COURT. Q. Did you go to look at the house before your landlord did anything to it? A. No, it was done when I went to look at it—he had done all that he did do, before I went to look at it; and then I cleaned the shop, and white-washed the ceiling and partition—the shop is part of the house, you go through the shop to the house, there is no private entrance—nothing had been done to the shop by the landlord.
MR. GIFFARD still objected to the reception of the secondary evidence, and contended that the search should have been made at an earlier period. MR. BARON BRAMWELL was of opinion that, after the testimony just given, secondary evidence was admissible. The summons was put in, and taken as read.
MR. GIFFARD submitted that there was no proof of an act of Bankruptcy. MR. BARON BRAMWELL doubted whether any such proof was necessary, and referred to an opinion of MR. BARON MARTIN in Reg. v. Arnold, Sessions papers, vol. 44, p. 651. MR. SERJEANT BALLANTINE contended first that no proof was necessary, that it was sufficient to show that the party was adjudged a bankrupt; and secondly, if such proof was necessary, it was a question for the Jury whether it was not supplied by the fact of his absenting himself from the meeting of creditors; and whether, in so doing, he did not intend to defraud or delay his creditors. MR. BARON BRAMWELL was of opinion that there was evidence for the Jury that the prisoner absented himself; and he would leave it to them to say whether or no, in so absenting himself, his intent was to defeat or delay his creditors; he adopted this course with considerable reluctance, because it seemed to be perpetuating a doubt, where really none existed.
MR. GIFFARD to MR. LEAF. Q. Is this statement in your deposition accurate? "On the morning of 7th May, Mr. Edward Hett, a solicitor, called on me, and stated that he had been requested to come by Mr. Lewis, who stated to him that he did not believe he could pay more than 2s. 6d. in the pound, and he suggested that he should get his friends to come forward and offer a composition of 5s. in the pound." A. I believe that is true—I do not recollect its being said that he came at Lewis's instance—if I said so there, it is of course true—he also said, that if he was not in his bed he would be with me at the time appointed.
MR. SERJEANT BALLANTINE. Q. At what time on the 7th was it that Mr. Hett came? A. About 11 or 12 in the morning I think—I did not tell him that Lewis need not attend—I expected him—he did not give me any intimation that Lewis would not attend.
COURT. Q. What time were you at the bankrupt's on the 6th? A. I think about 3 or 4 in the afternoon—we were taken at once into his room—we went into the shop first, and then went directly into his room, within ten minutes.
GUILTY .— Six Years' Penal Servitude.
MESSRS. BODKIN and POLAND conducted the Prosecution.
RICHARD WILLIS . I carry on business at Clerkenwell-green, and am a goldsmith and jeweller—I am one of the trade assignees in this bankruptcy—I am a creditor for 114l.—I have done business with the prisoner for I should think seven or eight years—up to February in the present year, I had had very small transactions indeed with him, with the exception of one when he went first into the new shop in Oxford-street; I should think 5l. or 6l. at a time; the quarter's account would not amount to more than that, and in many quarters it was nothing at all—I should think I supplied him with the goods, for which I am now a creditor for the 114l., about the
beginning of this year—about 6th July last, I received a letter from the prisoner, with respect to a robbery that had taken place—he is a jeweller in 322, Oxford-street—in consequence of that letter, I went with some other creditors to Oxford-street—I there saw the prisoner—he was lying on the sofa in the front sitting-room; they make it a sort of general room I think—he looked very ill, as though he would not live many hours—he was asked a variety of questions—we could not get any direct answer from him—then the books were produced—he was asked about them, and on my examining the books, I formed an idea that they were books made up—there was another creditor there—we were looking at the window, and at these books for little things, and the prisoner flew off the sofa and wanted to know whether we suspected him of anything dishonest with regard to the books—I saw that it was likely to be a very noisy meeting, and it was suggested by one that the books should be taken home to my place and examined by my clerks, to see exactly how his case stood, because we could get no direct answer out of him relative to his affairs—he did not seem to know what he owed—the books were not taken away; he would not hear of it at all—he was well enough at that part of the time—he agreed to the books being sealed up, and then to attend a meeting, if it would be possible, at my counting-house on the following day—the books were sealed up—this salebook (produced) is one of the books, and there was a red book as well—there were three books I think—the creditors came to my counting-house for this meeting—I will not be positive whether it was the following day or the day after that—the prisoner did not come—he sent me a letter half-an-hour before the meeting, to say he had consulted his solicitor, and I should hear from him in the course of a few days to attend a meeting at his solicitor's—a meeting of the creditors was called at the office of Lewis and Lewis in Ely-place—I attended there, and Zucher the bankrupt attended—10 s. in the pound was offered at that meeting by the bankrupt, and that was refused by the creditors, unanimously I think—there was a sheet of the sales made out by an accountant employed by the bankrupt I think—it was not satisfactory, and the creditors insisted upon Zucher signing a declaration of insolvency, which he did.
Cross-examined by MR. SERJEANT BALLANTINE. Q. It was stated that his step-father would pay this 10s. in the pound was it not? A. He was to be security for one payment, I think, but no one seemed to entertain it the least in the world—I do not think at all that the offer was, to pay it out of his own funds, but out of the funds of some of his relations—I think it was said that the father-in-law would become security for one payment—it was to be 3s. 4d. in one payment—it was not an offer to pay 10s. at once, but in three payments.
MR. BODKIN. Q. About how much were the total amounts of his debts? A. He stated, at the meeting we were at, about 1,000l.—they turned out to be just upon 2,000l.
SAMUEL WOOG . I live in Finsbury-circus—we are manufacturers of Geneva watches—we are creditors on the estate of Zucher about 160l.—I am one of the trade assignees—I was one of the creditors that attended at his shop on this story of a robbery—I did not attend a meeting called by Messrs. Lewis, I was abroad—it was at my desire that the books were sealed up—he wrote me a letter before this meeting took place—there were only four of the prisoner's creditors there, and, having to go abroad, I wished to know something about his business, and he told me he could not tell me exactly what he owed, at all events he did not owe more than 1,000l.—I
asked him the question if he was going to pay—he said he thought he could pay every body 20s. in the pound.
ARTHUR ROWLANDS . I carry on business in partnership with my brother, at 146, Regent-street, as jewellers. On 17th April last the prisoner came to my shop—he asked me if I had a brilliant set as a ring, about nine or ten grains—I showed him one, and he asked me the price to him—he told me his name, and said he was in the trade—I told him 68l.—he said he had a customer whom he thought it would suit, and asked me to let him take it away to show him—he said, "You are a stranger to me, but if I leave you the money, may I take it away?"—he did not give me the 68l.—he said he had not the money with him then, but he would go and get it and leave it as a deposit—he left, as I supposed, to get the money—he returned afterwards, but I was not then at home—my brother saw him—I know that some money was left with my brother—the ring was taken away by the prisoner on the same day—afterwards he brought it back—he stated that he had not been able to sell it—I saw him on that occasion, and I gave him back his money and took the ring—I gave him the money that my brother had put on one side—I think it was 60l., but I am not quite sure—it was kept separate, as he left it, in a bag; that I know—the money was all in sovereigns and half-sovereigns—the prisoner lives about five minutes walk from us—it was between 2 and 5 o'clock that he came first of all on 17th April, but I cannot say nearer—my brother was not at home at that time—he came in half-an-hour afterwards I should think, perhaps an hour.
WILLIAM BROAD ROWLANDS . I am in partnership with my brother—I first saw the prisoner on 17th April, between 3 and 4 o'clock—he asked me for a ring that he had seen during the day—he said he was afraid he had not got money enough to leave as a deposit, but he would see, and he counted out the money in sovereigns and half-sovereigns, to the amount of 60l., and he said, "Will that be sufficient?" and I said, "You can take it, leaving the 60l." and he took it and brought it back in a day or two afterwards—I put the 60l. on one side in a bag for my brother—this was on 17th April—I could not recollect it, but I have referred to the book where it was entered.
FREDERICK FLISIA . I reside in Oxford Street—I am a creditor upon this estate for 96l. 10s.—in May last the prisoner applied to me for a ring worth 26l. 10s.—he sent for it as he had a customer for it, and I let him have it—he called on me two or three days afterwards—he told me he had sold the ring—I wanted to have the money from him as he owed me 70l. before—he asked me if I would not take an acceptance at three months—I said I would rather prefer the money—he said he would give it me if the gentleman would pay him for the ring, if he could make it possible, or words to that effect—he would come in three days to take up his acceptance—I offered him five per cent, discount for three months—that was at the rate of twenty per cent, per annum—I kept the bill for five days afterwards and he never came—that 26l. has been added to my debt of 70l.—he has not paid it—I did not see him any more afterwards—he accepted the bill in my house and I kept it—he asked me not to part with it because, if he could make it possible to take it up, he would pay it—he said that he had not the money, and if he could make it possible he would take his own acceptance up—I cannot speak to the identical words.
Cross-examined. Q. Did he at any time come and offer you the money? A. No—I am sure about that—he did not come, nor did I say that the bill had gone to my banker's and I could not let him have it—never to my
knowledge did he come and want to take it afterwards—he never came and offered me the money for the bill, or anything—he never to my knowledge came and wanted the bill out of my hands—he came with a lady and wanted a ring on approbation, and I think he said something about his bill then, and I said, "I have not got the bill any more now," but not with the intention of paying it—I had not got the bill—I do not know how it come that I told him so—he asked me for it.
MR. BODKIN. Q. Did he ask for it for the purpose of paying it? A. He might have spoken about it—he did not offer to pay it, if I had got it, to my knowledge—he came for a ring—I think this is the identical ring he wanted.
MR. SERJEANT BALLANTINE. Q. You have got it back again? A. Yes; he brought it back the day afterwards, I thiuk—it is worth about 25l. or 28l.
THOMAS COLLINS . I am a clerk to the messenger of the Court of Bankruptcy. I produce the proceedings in the bankruptcy of Zucher—the date of the adjudication is 20th July—I have the declaration of insolvency, signed by Zucher; that is dated 14th July—the petition for adjudication is dated the 20th—the meeting is advertised—he surrendered the same day—I have his declaration, signed, and in the usual form—I served a duplicate of the adjudication personally on the bankrupt on 20th July in court—I saw him sign the declaration. (MR. BODKIN stated that the debts were stated at 1,800 l., and the assets at 1,200 l. The two examinations of the bankrupt were here read; the first on 20th July, 1858, and the second on 4th October; in which latter examination he stated that the entries in his sale-book were made at the time they bore date, and that the book had been in his possession ever since 1855, and that certain figures, to which his attention was called, were not written upon erasures.)
MR. WILLIS (re-examined.) I have seen the book, and in my judgment the two figures in question are written upon erasures.
SAMUEL CHARLES WILCOX . I am in the employment of Messrs. Grosvenor, Chater, & Co., paper manufacturers—they have been in the habit of supplying Shaw & Sons, of Fetter-lane, with paper—this book, which has been produced, is composed of machine-made paper—there are two sorts of paper, machine-made and hand-made—I know that in August, 1857, we supplied some paper to Shaw & Sons, of Fetter-lane—I sent it out in our carts—I supplied them from our store—down to a particular period, we supplied hand made paper as well as machine-made paper to Shaw & Sons, but not with their name on the sheet—we supplied them with both sorts of paper down to the present time—in March, 1857, an alteration was made in the kind of paper supplied to them—instead of having the watermark we had made it with before, they altered it and said they wished to have their name and address, "Shaw & Sons, Fetter-lane," put in the watermark of the paper—the paper in this book is machine-made paper—on this paper there is the water-mark, "Shaw & Sons, Fetter-lane."
COURT. Q. Does that enable you to say that was not in existence before March, 1857? A. By identifying the make of the paper, it does—when the change took place, a dandy roller was made for the purpose of impressing that name on the paper—to the best of my knowledge, this is an imprint of the dandy roller.
Cross-examined. Q. I understand you to say it is machine-made paper? A. Yes—we have made machine-made paper for Shaw & Sons since I have been with the firm; five years, and probably more—we supply many sorts to them—I know nothing about the character of the paper supplied, except
within the last five years—it is only by connecting the watermark with the paper that I can identify it—the party that made the dandy roller can, no doubt, identify his own work—the watermark enables me to tell when the paper was made—when the book was first put into my hand, I went by the watermark—there is no date there—I judge by the watermark now, by its having the imprint, Shaw & Sons, Fetter-lane, in the sheet; and it is a machine-made paper, made by Greer & Co., of Ireland; and I know they never made paper with Shaw & Sons in it, before 1857—I cannot speak in any other way, only by the dandy roller—I have not the least doubt that this is Greer's paper—there is no doubt that it is Shaw's mark—that only tells me that, if made at our place, it was made within a certain time, because of the dandy roller; that was not made till 1857—we did not have a watermark of that kind before 1857—whether Greer had or not, I do not know, except by letter—I have not seen Mr. Greer himself—I have seen his agent in London.
COURT. Q. You used to supply Shaw & Sons with machine-made paper? A. Yes; made by Greer, and other persons also probably—we supplied them with papers of different makes—then they wanted machine-made paper which should have their name in the watermark—they told us that in 1857—thereupon we gave an order to Greer to supply that paper;—after that we had paper supplied to us of the description with which we supplied Shaw & Sons—for anything I know, Greer might have had a dandy roller ten years before, and supplied Shaw's direct; but they can prove that that was the dandy roller made in 1857.
MR. SERJEANT BALLANTINE. Q. Just look at that paper (handing a quantity to the witness), is that the same paper in your judgment? just look at the watermark. A. This sheet has no watermark at all; this other sheet has—that is our make, supplied by us in or since 1857—I am able to swear that that was supplied by us since 1857 to Shaw & Sons,—not by Greer, or to anybody else.
ALFRED BREWER . I am a dandy roller maker and moulder. In the month of February, 1857, we supplied a dandy roller to Messrs. Greer & Co., with the watermark, similar to this paper and book, for Shaw & Sons, Fetter-lane—to the best of my judgment, that watermark was made by the dandy roller that we supplied.
Cross-examined. Q. Do you mean to say positively it is? A. I can, by comparing it with the impression that I took with the dandy roller—I supplied the dandy roller to Messrs. Greer—they had not had a dandy roller before from me, with that mark on—this is an impression I myself took from the dandy roller in question, previous to sending it away (producing it)—this is not a very convenient place to compare the two—there were six sheets on the dandy roller, and this impression was taken only from one sheet—I have not any doubt that these impressions were taken from our dandy roller—here are already six different impressions from the dandy roller—I wish to identify the one sheet with the impression that I took from the roller—I have no hesitation in saying that the impression in that sheet (pointing it out) must have been made from that impression, from that very roller; not only from that very roller, but also from that very sheet on the roll.
JAMES JOHNSON . I am in the employment of Shaw & Sons, of Fetter-lane. They purchase paper of Grosvenor & Co.—they do not purchase paper direct from Greer & Co.—I gave the order myself for machine paper, with the watermark, "Shaw & Sons, Fetter-lane," to Mr. Chater in
March, 1857—we received the first portion of paper so ordered on 10th July, 1857—on 31st August, a person came to order some ruled paper, with double money columns and head line—I got it done—it was machine-made paper, and with that watermark—I saw the person twice—I think the prisoner is the person, to the best of my recollection—six quires were bought—we have counted the paper in this book, and there is just six quires—it is ruled according to the pattern which the man ordered—we keep paper in single money columns, but not double—these six quires were ruled especially with a head line, according to the direction of the person that ordered it—the cover to this book is an old cover; the lining is not the same as the book, as it is in all books we have ever bound, and I have been in the trade thirty-five years; and there is no heading, which leads me to think that it was a new book, put into an old cover; and upon examining it, I found the old marble paper underneath.
Cross-examined. Q. Do I understand that an impression similar to this was ever made upon your account, on any paper? A. Never—we never had this impression before 10th July, 1857—we have never had any paper marked Shaw & Sons, Fetter-lane, for the last twenty-two years until 1857—I have been with them twenty-two years.
MR. SERJEANT BALLANTINE. Q. Is there an attesting witness? A. Yes, Mr. J. G. Lewis, of Ely-place. (MR. SERJEANT BALLANTINE submitted that the attesting witness must be called. MR. BARON BRAMWELL was of opinion that it was admissible without bearing the seal of the Court. It was put in and read.)
The prisoner received a good character.
GUILTY .— Six Years' Penal Servitude.
NEW COURT.—Thursday, November 25th, 1858.
THIRD COURT.—Thursday, November 25th, 1858.
Mr. Ald. CUBITT, M.P.
Before Mr. Recorder and the Eighth Jury.
MR. SLEIGH conducted the Prosecution and offered no evidence against MILLEN.
NOT GUILTY .
about last April in Bishopsgate-street, near Shoreditch Church—I had on a watch and chain; he wanted to buy the chain of me—I offered him the chain, and then he would not buy it because he said it was not silvor—he tried it first—he then asked me if I wanted to sell the watch—I said that I did not; and then he said, "You may as well sell it to me"—I afterwards sold it to him for 5s.—I had stolen that watch from the plate-closet—the prisoner said that he knew where I had got it from, and gave me his card (produced), and said that if I had any more I was to bring them to him (Card read: "H. Hopkins, Crinoline cane preparer, 11, Ely-place, Kings-land-road")—we then went into a public-house—I saw him again about a fortnight afterwards at Ely-place, and he asked me if I had got anything else—I said that I had got a ring; it was a gold keeper, which I had stolen from Mr. Walter's—I sold it to Hopkins for 5s., and he said, "Why did not I bring him something better than that?" he wanted a watch for his own wear, something about 2l.—he appointed to meet me at Shoreditch Church—I met him there and took him a watch which I stole from Mr. Walter's—on other occasions subsequently I met him or went to his place and took him other property which I had stolen, he used generally to meet me—he said that in case of the matter being discovered, I was never to mention his name, but was to say that it was the first time and then they would let me off—on the day I was taken in custody I had a conversation with my master, and accompanied a policeman to Ely-place, but did not find Hopkins there—we afterwards went to Shoreditch Church, and after a while. Hopkins came there; I pointed him out to the officer who said to him "Is your name Hopkins?"—he said, "Yes"—he then asked him whether he knew me, and he said that he had never seen me before—the officer asked me whether I knew him, and I said "Yes"—the officer said that he should take him in charge for receiving stolen property.
Cross-examined by MR. COOPER. Q. How long had you been in your master's employment? A. Eighteen months—I was at school before that—I had worn the watch about a month that I took from the plate-closet—I had no right to wear it—I do not know whether my master saw me wear it, I never wore it in the day-time—that was the first thing I had taken out of the plate-closet—I learned at school that to steal was a crime, and yet I went to the plate-closet to get different things time after time—I also sold something to one of the prisoner's companions, but to nobody else—I mean to swear that this began by his asking me what I would take for the chain—I had never seen him before that: that is the truth—my master told me that it would be much better for me to tell everything, and then he would not punish me much—I do not know that by giving evidence I shall be quite clear—I heard the verdict of acquittal—I stated that I would tell everything if I was brought as a witness here.
MR. SLEIGH. Q. When your master first asked you about this, did you at once tell him everything that had taken place? A. Not at once, but I did before I was taken before the Magistrate.
JAMES PORTWAY . I live at 5, Elizabeth-place, Bethnal-green. Hopkins is my master—I was at work for him when he was taken—he sold me this watch for 11s.—he told me he had bought it—I had had it mended on 3d November, and had had it a week or a fortnight before.
Cross-examined. Q. Is that about the worth of it? A. I do not know, the ring was broken off—he sold it to me openly in the shop before my father
and a young man named Castle—I was not an apprentice—he had three others in his service besides me.
JAMES GILL . I keep the Black Horse, Kingsland-road—I know Hopkins—I only know Millen, by seeing him in my house with Hopkins once or twice in the course of the last six months—they were near each other, but I did not hear any conversation between them.
Cross-examined. Q. I suppose people who congregate at your house may be next to each other without knowing each other? A. Yes; and they sometimes even talk without knowing one another.
JOHN MORRITT WALTER . I am a pawnbroker of 105 and 106, Aldersgate-street—Millen has been in my employ during the last eighteen months—I took stock in July and found 140l. deficiency, and in consequence of something which took place I sent for Millen—I had a watch pledged in July, 1857, maker's name Nelson, for 10s.—it is not in my stock, and it has not been redeemed—this watch produced has "Nelson" on it—I miss, rings, chains, and watches from my stock.
Cross-examined. Q. Have you lost plenty of watches? A. Yes; it may be twenty—I cannot tell you the articles I miss from my stock, but there were a good many precious things which would go from hand to hand in the trade—I took stock on 2d July—Millen had lived with me from my former stock-taking—my stock was not right then—I was robbed then, and prosecuted two parties in this court, who had six years' penal servitude—they were not in my house—they were strangers—that did not put my stock in disorder at all—I was not able to tell what articles were taken, but my stock was minus 75l.—I have five other persons in my employ—the foreman has been there twenty-seven years, and another man forty years; one six months, and another twelve months.
MR. SLEIGH. Q. When did you prosecute the other people? A. Two years ago—this watch has not been sold by me, nor has it been redeemed—I was at liberty to sell it in July, 1858.
WILLIAM JAMES BAILEY (City policeman, 89). I accompanied Millen to Bishopsgate-street—Mr. Walter was with me—we saw Hopkins near Sun-street—I said, "Is your name Hopkins?" he said, "Yes"—I said, "Are you the Hopkins living in Kingsland-road?" he said, "Yes"—I said, "Do you know this lad?" he said, "No, I never saw him before"—I asked Millen if he was quite sure Hopkins was the person—he said, "Yes"—I told Hopkins he must consider himself in custody, for receiving stolen property from Millen—he said, "Very well"—I took him to the station and found on him these cards (Similar to the former one), also, this tobacco-box and purse—I was present when he was examined before the Magistrate—he said in an undertone that he did not know the boy.
HOPKINS received a good character.— GUILTY .— Confined Eighteen Months.
Mr. O'CONNELL conducted the Prosecution.
of "Police" in Salisbury-street—I saw a number of persons in front of the door of 46, and a woman came running out, saying, "For God's sake come in"—I went through into the back-yard, and found the prisoner leaning against some boards, and bleeding profusely from the neck—I placed my handkerchief against his neck, and while doing so he fell down—I found this knife lying by his side, stained with blood—he said, "I have not done it to rights"—some women said in his presence that he had stabbed his wife; he said nothing to that—a doctor came and ordered him to be taken to the hospital—I took him there in a cab—his wife was brought there shortly afterwards.
CORNELIUS NEWMAN (Policeman, S 185). On 1st November I was in Clifton-road, and heard screams of "Police" at half-past 11 o'clock—I found Amelia Culpeck in a surgeon's shop, bleeding from the neck—the surgeon was not at home, and I took her in a cab to St. Mary's Hospital.
AMELIA CULPECK . I was married to the prisoner on 1st September—we have only been two days apart—I came up from Margate on the morning of 1st November—I first met the prisoner's mother—I had made an appointment with a school lady to meet me and my husband at the vestry-room—I had gone there for an order, which I had paid in previous to my being married—I met the prisoner between 10 and 11—there was a word or two passed, but I do not remember what it was—he twisted his hand round my guard-chain, and said that it was his—I said that what he did not work for he never should have, and he stabbed me on the right side of the neck with his left hand—I then spit in his face, and as soon as he saw the blood run, he ran off; and as I was going across the Kilburn-road, I fell down, and somebody picked me up—I was insensible for a time—I went into an hotel, and from there to a doctor's shop; and then a policeman took me to the hospital—I was an in-patient four days; and had to attend afterwards two or three times.
Cross-examined by MR. COOPER. Q. How long did you live with him after you married him? A. A fortnight; I then went to Canterbury to my sister, and came back again next day—I then stopped at home two days, and went down to Canterbury again with my husband—he afterwards left me there; and on 9th October I came up to London to him, and stayed with him till the Wednesday morning—my sister does not live with a man named Bennett—my husband and I did not live very happily together—I left home again on Wednesday, and went to Margate—I saw no one there that I knew—I went and lived in New-street—I lived by making away with my things—I slept alone; there was no one there that I knew—I did not see Bennett when I went there; I saw him there afterwards—I never slept with him at Margate, or anywhere else—I had no connection with him at Margate on my oath—I have lived in the house with him eight years—there was not a great deal of bickering between my husband and Bennett; but he carried a stick to take his life away—I have not said that this was a rare good job, for I should now be off to Australia with Bennett—I did not say so in the presence of the prisoner's mother—I have not said to anybody, that I knew who I slept with at Margate the night before I came home, but I would not tell—I slept by myself, and I have never been in company with anybody to say it—when I met my husband I did not begin bantering and nagging—I did not spit in his face when he said, "This watch is mine;" not till after he stabbed me—he came there on purpose to murder me; he never carried a knife before—I did not put my face quite close to him and say. "There, take that"—I did spit in his face; I do not know whether it hit him: I did not spit more than once—I walked into a public-house, and
the landlord dressed my wound—Bennett was in the public-house, but not to meet me—I had not been there before that morning, but he told me that he was going there; he told me so a good many times; I will not tell you when—he did not walk part of the way with me to meet my husband—I left him in the Kilburn-road on purpose to go there, when I got out of the cab—he came to see me in the hospital two or three times—I do not know that he was ordered out by the surgeon—I believe he came to see me without proper orders—I believe my husband is a plasterer—I believe Bennett was outside at the police-court—he only had my watch while I was in the hospital—I have not said that I had pawned it; I said that I had lent it to a friend, and had money advanced on it—I was in the hospital six days; I am not quite well yet, I have not got the use of my arm and shoulder—I believe Bennett is here to-day; he was here all day yesterday with me in the public-house.
Q. Does not he live on Forest-hill with you, and you with him? A. I am living at Forest-hill—am I to do wrong because I live there? that is no reason why I am to be murdered in the streets.
MR. O'CONNELL. Q. Had Bennett walked with you that morning? A. No, but I saw him in the Kilburn-road, and left him there—he had not come up from Margate with me—he is not a relation of mine nor any connexion.
ARTHUR GARNIAS LAWRENCE . I am house-surgeon at St. Mary's Hospital—I saw the prosecutrix on 1st November; she had a stab on the right side of her neck about two inches from the jaw—it went very near the internal jugular vein—I considered it a dangerous wound from its depth and position—such a knife as this would do it; it was only half an inch long, a couple of lines broad, and two inches or two inches and a half deep—she left on Thursday the 4th, and I have seen her once or twice since; I saw her last four or five days ago.
Cross-examined. Q. At the hospital, did a man named Bennett come to see her contrary to orders? A. Yes; he tried to persuade her to leave the hospital, and she got out of bed and began to dress—I said that she must not leave as I wished to watch the wound, and told the porters not to admit him any more.
COURT. Q. Was the prisoner brought there? A. Yes; about five minutes before the woman was brought—he had a wound in the neck which I sewed up immediately; I did not consider it dangerous—I did not notice whether he was left-handed or not—I had two or three accident cases come in at the same time.
Cross-examined by I am the prisoner's mother—I was present when he met his wife—I was going along Norfolk-terrace,
and he was by my side—I said, "She will be sure to come up the Kilburn-road as she met Bennett there before"—I saw her coming, and said, "Well, Amelia, what sort of a game is this?"—she said, "What odds is that to you, or your beautiful son?"—I said, "Is this what you married my son for, to be off with Bennett?"—she said, "How do you know I am off with Bennett?" and at that time my son came up and said, "Mother, you hold your tongue, and I can settle matters myself, I want no words, I only want to come to an arrangement, that we may live comfortably yet"—I walked a little way off, and two servants spoke to me at a gentleman's door—I saw Amelia spit twice in the prisoner's face; she said, "That is what I will do" and "Take that"—I then saw his hand rise but saw no knife—she ran along Norfolk-terrace, and in the middle of Kilburn-road she fell, jumped up again, and ran into the Clifton public-house and fetched Bennett, who took her to a doctor's shop—I heard her say at the Nag's Head in Oxford-street that this was a rare good job as she would go off with Bennett to Australia—this is a moulding knife.
MR. O'CONNELL. Q. Is she the only one of the family that is given to nagging? A. Not the only one of the females—she said that at the Nag's Head the first day that she came there—I followed her cab to the Nag's Head, where she and Bennett jumped'out of the cab, and two or three others—there was a man in a plasterer's dress outside the cab—they went into a private box, and I and a young woman went in and called for a pint of ale—I heard her say, "I threw myself in his way in order for him to break the bridge of the law, and that bridge will carry me to Australia with what I shall get from the court when it is all over"—I saw her spit twice in his face while I was talking to the servants—I kept my eye on him all the time—I know I have given an account of this before—I mentioned then that she spit in his face twice—nothing was said between her and him before the crowd came up—I have told you every word that happened—I swear I did not hear her say anything to him or he to hear before the crowd came up—my son is not left-handed.
The prisoner received a good character. GUILTY of Unlawfully Wounding under great provocation.— Confined Six Months.
FOURTH COURT.—Thursday, November 25th, 1858.
PRESENT—Mr. Ald. MECHI; Mr. Ald. HALE; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
53. URBAN ANDREW GODTZ (45) , Unlawfully transferring a certain document with which he was entrusted, entitling the holder to 19 bags of clover seed, without the authority of Johannes Renier Menivissen, to whom he was agent.
The principal witness being abroad, MR. SLEIGH, who conducted the Prosecution, offered no evidence.— NOT GUILTY .
MR. MACDONALD conducted the Prosecution.
JAMES AITKEN . I am a wood-turner and live at 15, Great Arthur-street, Goswell-street—I was out in the neighbourhood of Goswell-street on Saturday night, 30th October, at past 12 o'clock—I saw the prisoner before me—there were other persons behind me—she came up and spoke to me—I had had two or three pints of beer, but that was all—before I was accosted by the prisoner I knew perfectly what I was about—she spoke to me—I did not understand her and I made no reply—I was shoved back after she spoke to me, and had a blow there and then, and I was struck into the road—it was the prisoner who struck me first, and she was the only one I saw; there were others—she struck me on the upper lip—it bled—my
face was in a dreadful state—I was chucked into the road—I did not see who did that—I did not fall, I was knocked down, but by whom I do not know—I was struck a second time, on the cheek bone, when I was down—I cannot say what the prisoner did after she struck me, because I lost my senses—I did not know where I was for some time—I had five half-sovereigns in my pocket before I saw the prisoner, they were in a tobacco-box—I had a duplicate, and 4s. in silver which were not in the tobacco-box—the tobacco-box was in one trousers pocket and the 4s. in the other—when I recollected myself, I searched my pockets directly, but found nothing there—I was picked up in the road and got on to the pavement—I think it was in the road that I searched for my money, on the spot—I could not find any of it—I missed 2l. 14s.—it was all gone and the tobacco-box—I am quite sure the prisoner is the person—I saw her the next night at 7 o'clock—she was then in custody.
Prisoner. Q. Did you not tell the inspector that you lost 2l. 10s. and two shillings? A. Not to my knowledge—I said I could not remember whether you spoke or not, but you were the first one that knocked me down—I do not know who struck me senseless.
COURT. Q. Were there other persons assaulting you? A. I think so—I believe it was not all done by one; there were others behind me—it was done so suddenly that I could hardly tell, how it was done.
HENRY CHURCH . I reside at 24, Bridgewater-place, Aldersgate-street. On Saturday night, 30th October, about 12 o'clock, I was in the neighbourhood of Goswell-street—I saw the prosecutor walking up Goswell-street quite fast—the prisoner went up to him and asked him where he was going to—he made her no answet—she backered him, and put her hands into his pocket at the same time—she pulled her hands out quick, and then she shoved him down in the road, turned back, and ran up a court.
COURT. Q. Did she strike him at all before she shoved him into the road? A. Yes, she struck him in the mouth with her fists—there were several women, not joining in this affair, but close behind.
Prisoner. Q. Did not you say you lived at Bridgewater-gardens? A. Bridgewater-place—I have been at work for this three weeks—I used not to pick gentlemen's pockets—I was once in Westminster prison for stealing a coat, about six months ago—I never lived at Golden-lane—I always lived with my father—I used to go to Golden-lane—I work for Mr. Johnson, type-founder, in Red-lion-square, and have done for a fortnigt—before that I worked for my father—I have been out of gaol for three months—I have been in gaol twice before that for picking pockets—I am turned sixteen—when you spoke to the gentleman I was close by, in the road—you did not say anything about treating—I was in the middle of the road, about three yards off—I saw you put your hands into the gentleman's pocket—I did not stop you, because there were people who were with you who would have hindered me—I did not see where you went to—I saw you next day and told the prosecutor of you.
JAMES HARDCASTLE . I live at 8, Ratcliff-court. Aldersgate-street—I was in Goswell-street on Saturday night, October 30th, about 12 o'clock—I saw the prosecutor there—I saw him struck—I am not quite sure whether it was the prisoner that struck him—I was about three doors away from the place where it was done—I have no belief npon the subject as to its being this person—it was a woman—I cannot say whether it was this woman or not—I was about three yards off—I saw the prosecutor fall in the road—I saw him struck and knocked down—he came and accused a girl of taking
his money out of his pocket, and some other girl hit him—I saw some one run up a court—I am not quite sure whether the prisoner was the party.
COURT. Q. Have you ever said the prisoner, was the person? A. No—I was examined before the Magistrate—I have never said that the prisoner was the person—I said I was not quite sure—I was about three doors from the place where it was done—(The deposition before the Magistrate was here handed to him)—I made that mark—it was read over to me before I put my mark to it, and I was asked if that was correct; and I then put my mark to it (Read: "I was in Goswell-street on Saturday night, and I saw the prisoner, whom I know very well, chuck the man down and run up a court")—I said that—it is true—she had a shawl and a bonnet on then—I am not sure whether it is the party that I gave evidence against before the Magistrate—I do not think it is—the girl there had a bonnet on—she had redder cheeks—the man laid hold of some woman and said, "You have taken my money," and the woman said she had not, and it made her so wild that she struck him and knocked him down—that was the second time that she struck him—I do not know the face of the other woman who struck him—I went away directly to help shut my mother's things in—I was quite sure that the woman that was before the Magistrate was the woman.
EDWARD KILBY (Policeman, G 220), I arrested the prisoner about 7 o'clock in the evening of 31st October, in Old-street. I took her to Old-street station—I told her what she was charged with, and she denied it—I sent for the prosecutor, who came in at once and identified her to be the party, and also the witness Church—they both came there to the station—I was present at the examination before the Magistrate when Hardcastle was examined—I heard his evidence read over to him, and he put his mark to it—this is the woman that was before the Magistrate.
GUILTY .**— Confined Eighteen Months.
MR. RIBTON conducted the Prosecution.
BENJAMIN THORNE (Police-sergeant, D 9). I recollect a disturbance in Paul-street, Lisson-grove, on 19th September. I went there, and found at crowd of people—they were violent—I advised them to separate anf go home—I said very quietly, "Don't make this noise here"—I should say there were fifteen or twenty men and women there—directly I went across to them Farrington struck me in the breast, and knocked my hat. off—I laid hold of him—I was then surrounded by live or six—he was eventually rescued—I sprung my rattle—I went and found a constable—I saw Henley there—Farrington was rescued from me—I went for a constable, and we followed these men to the house in which they went, 21, Paul-street—I saw them go into the house before I left—five other constables went with me into the house—when we went in the two men were standing on the landing—one had a poker, and the other a shovel; I could not say which—I saw them glitter as we went up the stairs—this was at I o'clock on Sunday morning—I said to the other constables, "Mind what you are about men, they are armed with fire-irons"—House was there then—I requested them to come down—I heard House ask them to come down for an assault upon the sergeant—he said, "You must come down; I want you for an assault upon the sergeant"—one of them, I cannot say which,
said, "Well see you b----d first; I will break your b----y head if you come up here"—this was said several times—they were asked five or six different times to come down by the constables—after standing ten minutes we went up stairs—House was the first that went up—I went up after them—I did not see the blow struck—when I got up I met Farrington at the top of the stairs, coming down, and I took him into custody—I was last going up stairs—I took Farrington down stairs—I afterwards assisted in taking Henley to the station—he was very violent up stairs—after coming down he was quite insensible, we were obliged to carry him—I saw House come down stairs, and he said, "Sergeant, I am hurt, I am very weak"—I could not see his face for blood—the prisoners were present then—I told the constable that had House to take him down to the doctor's—I saw him being assisted off.
Cross-examined by MR. BEST. Q. This I believe was about 1 o'clock on Sunday morning? A. Yes—there were from fifteen to twenty persons outside this house—I did not know either of these men before—I did not say anything to Henley before anything took place that night—I did not see him that night till I went there—I am quite sure I did not make use of the expression, "Get in-doors," to any one that night—I never saw Farrington before to my knowledge—I was not pushing the crowd back at all—I did not use my hand at all till after I was struck—after Farrington struck me of course I laid hold of him—this was outside the house—I did not push him backwards or give him a blow in the face before anything was done to me—I had a scramble to get hold of him after he struck me—I sprung my rattle, and directly the men ran into the house—a constable came up behind me, and he saw some running into the house—I went afterwards from the house to fetch a lamp, pretty well a quarter of a mile—I was away pretty well seven or eight minutes—I left a constable at the door when I went away—when I came back to the door it was closed—it was put to—we did not break the door open—it was not fastened, it was standing to—I am quite sure we did not break the door at all—when we got in the house I saw them standing on the landing—we did not meet any one, man or woman, when we opened the door—I did not knock the candle out of a woman's hand then—I am quite sure I did not—I did not see any candle there at all—I was the first that was in—four or five constables followed me close in—they all went up stairs in a posse—I did not go into a room at the top of the stairs—I cannot say whether any of the others did—I stood at the top of the stairs, and left the others up, and brought Farrington down—there was a room at the top of the stairs—I took Farrington into custody—there was no woman with a light there till after the men were taken into custody—I never saw one.
WILLIAM SHRUBB (Policeman, D 95). On 19th September, I was on duty in Salisbury-street, and heard a disturbance in Paul-street, and went there—I came up before this affair in the house—I saw Farrington strike Thorne, and knock his hat off—I saw a woman running away with the hat—I got the hat and gave it to Thorne—I saw the two men go to the house in Paul-street; I went there—Thorne was there before me—I did not go into the house then—I got in about ten minutes past 1—I was there ten minutes before I got in—I was left at the door while Thorne went away to get a lamp; he was away ten minutes—directly he came back five of us went in with the sergeant—the two men were then on the landing—sergeant Thorne tried to get up first, but he came back again—House afterwards went up first, the man that was wounded—I saw Henley strike first; he hit House
on the head with a poker, and knocked his hat off—House had a lamp then—he fixed the light on Farrington, and then Farrington struck him on the head with a shovel—he bled very much—he said, "I feel very ill"—I took him to Salisbury-street—after leaving him there, I went back to Paul-street—Farriugdon was partly taken to the station then; I met them on the road—I went back to Paul-street, and assisted to take Henley.
Cross-examined. Q. How near were you to these men at the time the blows were struck? A. About four steps—there was one policeman before me—I was about thirty yards off the house before Thorne had his hat struck off—I heard a rattle sprung; in consequence of that I went nearer—we did not break the door open at all in getting in; I am quite sure of that—there was no damage done to the door that night by us—I did not meet any one in the house with a candle when I got in—there was a light upstairs in the bedroom—when we got up we went into that room—our lamp was knocked out, and we got a light there—I did not take notice what was in the room—I found Henley lying down just inside the door; he appeared to be insensible—I went and fetched a stretcher, and took him to the station—I am quite sure his arm was not in a sling then.
COURT. Q. Before any of the policemen went up the stairs, and while the two men were at the top, had you heard them several times requested to come down? A. Yes; when they requested them to come down I went into the back-yard—I did not hear any reply made.
JOHN WILSON (Policeman, D 252). I was on duty in Princes-street on the morning of 19th September—I heard the disturbance in Paul-street; I went there—I met House—I went with him to the house in Paul-street—when I went in I saw the two prisoners on the landing—House said, "Come down, I want you for an assault upon the sergeant"—the answer was, "You b—r, if you come up here I will split your head open;" one of the two men said that, I cannot say which—House asked them twice to come down—they made the same reply each time—eventually we went up—I saw Farrington with a shovel; Henley had a poker—there was nobody else that I saw on the stairs besides the two prisoners—when House asked them again to come down, they made a strike at us with a poker—that was before we went up—we went up, House first—House got three parts of the way up—I saw the two prisoners strike him over the shoulders—they did not strike him in any other part—I saw House knock Henley down after he had been struck violently by the prisoner—he struck him with his staff—he knocked Henley down; after that I saw the other prisoner come up and strike House on the head with the shovel—when he received the blow he staggered, falling from the effects of the blow—the prisoner was going to strike him again; I pushed forward, and stepped in and received the blow on the shoulder—I can assure you I felt it—House was taken away by another constable; he was bleeding very much indeed—Farrington was taken to the station, and so was Henley.
Cross-examined. Q. Was Farrington bleeding too? A. I had no time to see that—I assisted to take him part of the way to the station, but I did not look at his face—I took him out of the house; I took hold of his arm and took him out—we went up the street and under the lights, but I never noticed his face—I was one of the first lot that went in—there was no door broken open whatever—we met nobody in the passage—we saw nobody till we got to the top of the stairs—I am quite sure of that.
quarter past 1 in the morning—he made some complaint to me, in consequence of which I went with him to 2l., Paul-street—there was one constable at the door when I got there—we all went in—I saw the two men; they were standing on the first floor landing—it is a small house—five constables besides the sergeant went in—I told the prisoners that I wanted them for an assault upon the sergeant, and they had better come down and go to the station quietly—Henley said, "If you come up here, I will knock your b----brains out"—I asked them several times to come down—they both made a similar answer—we went up—Henley had the poker in his hand, and Farrington had the shovel—I was first—the other constables followed me—I advised them again; I told them it was of no use, they must come down—I went towards them—Henley struck me with the poker on the left shoulder—it was meant for my head—I was then struck on my hat with the poker—my hat was smashed flat—I was very nearly stunned then—I then struck Henley in the eye with my staff—Farrington was striking at me as well all the time, and I was struck by him with the shovel immediately after I had struck Henley—he struck me across the head with a fire shovel—it was a very violent blow—I staggered and fell down—I said to Shrubb, "I feel very weak, take me away"—I was taken away—I was under the doctor's hands for seven weeks—my life was in danger—I was unable to attend to my duty for seven weeks.
Cross-examined. Q. Were you one of the first who went into the house? A. Yes; I went first—I found no difficulty in getting into the house—the door was open—I did not meet any one in the passage as I went along, I am quite sure—the first thing I saw was the two prisoners standing on the stairs, armed with the poker and shovel—after Henley struck me on the head, I struck him—I do not know whether I gave him a pretty good blow—I cannot say whether he fell or not—I did not see what became of him—I am quite sure I did not see any woman at all while this was going on in the house—I did not go into a room at the top of the stairs—I was taken away directly afterwards—I was seven weeks before I attended to my duty—I was not in the hospital at that time—I stopped at home at my own lodging—I was not in the hospital at all—I was attended by the surgeon seven weeks—there were five policemen altogether that night, that was all—when I entered the house there were only five; I do not know whether any came up afterwards.
HENRY HUNTER RAYMOND . I am the divisional surgeon, and live at 79, Kent-terrace, Edgware-road—I was sent for on 19th September, to the police-station, about half-past I that morning—I saw House there—I examined his head—I found a wound on the top of the head, rather more than two inches long, dividing the scalp to the bone—there was not much hemorrhage at the time—he appeared to have lost blood—he was in an excited condition—I considered it a very dangerous wound—his life was in danger for some time—the wound was such as could have been inflicted by this shovel (produced)—I think any part of the instrument could have produced that wound—he was unable to attend to his duty for seven weeks—he has ceased to be under my care for nearly three weeks—he was not at the hospital—I attended him at his own lodging.
Cross-examined. Q. Did you examine Henley that night? A. I did—he appeared to have been drinking, and he was in a state of half insensibility—he had received an incised wound over the left eyebrow, which I sewed up—I did not see Farrington to take any notice of him—I did not examine
him at all.
MR. RIBTON. Q. Was Henley seriously hurt, was he well the next day? A. No, he was not well; he was sent to the hospital—the blow was such an one as could have been inflicted by a constable's staff.
Witnesses for the Defence.
JOHN QUINN . I am a common labourer, and live at 21, Paul-street, Lisson-grove. On Sunday morning, 19th September, a little after 12 o'clock on Saturday night, I was standing near the door of 21, Paul-street, Lisson-grove—I saw the police-constable Thorne come np the street—there were about four or five of us—three or four of us lived in the house, and there were two or three neighbours, and we were talking—the sergeant came up and said, "Go in doors"—one said,"Yes, directly," and then the policeman passed by, and be came up as far as Farrington, and gave him a shove into the door at 20—he told him to go home—Farrington did not live there—Farrington shoved him out again, out of the door, and then the sergeant's hat fell off his head—it was picked up by some party whom I did not know—I saw the sergeant walk away from the door—another constable came up the street, and they both met together in the middle of the street—after that I closed the door, and went in doors, the door of 21, and about 1 o'clock some constables came and broke in the door—I fastened the door myself—Farrington came in before I fastened the door—the other prisoner, Henley, lived in the house—I was on my bed when the door was broken open—I heard it broken open; it was a very hard noise—I was on the first floor, and I could hear it very plain—I saw nothing that occurred in doors—I did not get up, I was afraid—I did not wish to go outside the door—I thought I had better keep in my own room.
PATRICK WELSH . I am a labourer, and live at 10, Paul-street, Lisson-grove. On Sunday morning, 19th September, I was just within a few yards of 21, Paul-street—I saw one of the policemen come up—there were three or four persons standing at thevdoor, and the policeman said, "Lads, go in doors"—"Yes, governor," said one, "we will go in directly"—the policeman did not give them a chance, but began knocking them about directly—Farrington came out and said, "I will go home to my own place"—the policeman chucked him into 20—they shut the door then, and then these two policemen went away, and after 1 o'clock they brought seven or eight policemen, and I saw them breaking the door open—I did not see anything done in doors.
Cross-examined by MR. RIBTON. Q. The policeman came up and told them to go in, do you know who it was? A. No—he knocked them About dreadfully—I saw him throwing one into the passage—that was all I saw of the row—he was pushing them about, and they did not like the treatment—it wag Farrington he pushed into the door—there were only three or four—they were making no noise at all—they were standing at the doors of the houses—I was just standing at my own window upstairs—I was not in the street—I was leaning out of my own window; my house is 10—where the people were standing at the doors was at 19 and 20; 10 was just opposite them—the policeman did not give them the chance of going in—he began knocking and pushing them about—he pushed three or four of them away—I do not know their names; I only knew the landlord and Farrington—I do not know whether the house belonged to them or not—the policemen did not care whether it was their house or not, I know they do not; I have seen it before—I know John Quinn; he was at his own door—he was one that the constable desired to go in—he was one that the constable began knocking about dreadfully.
MR. BEST. Q. What do you mean by knocking about? A. The policeman was pushing them along—I could see very plain from my window what was taking place in the street.
PATRICK FILGAN . I am a labouring man, living at 16, Paul-street, Lisson-grove. On Sunday morning, 19th September last, between 12 and 1 o'clock, I was looking out of my front window, and saw four or five of these men standing at the door of 21, Paul-street—presently sergeant Thorne came up and said, "Now, lads, go in"—they said, "We will presently"—I could hear every word—I came down, and went to my own door—he gave Farrington a shove, and shoved him into the passage of 20—Farrington came out—Thorne caught hold of him by the collar, and they both went out on the pavement—the sergeant's hat fell off in the road—a woman came and picked up the hat, and went across the road with it—another policeman came and ran across the road, and got hold of his hat, aud said, "All right, I have got your hat"—Farrington and the others then all went in doors, and shut the door—when they shut the door the sergeant and the other policeman came up and stood at the door with a staff in his hand for four or five minutes, one on each side, and the door was not opened—then both of them walked away out of the street altogether—it was after 1 o'clock, I think, when they came back again with seven or eight of them together—they stood on the opposite side of the way, with their backs to the wall, and had some conversation among themselves; and presently one went up to the public-house door aud pulled the bell, and apparently got no answer, and he stood just for a moment—then he pulled it suddenly—he got no answer—he came up and joined the men again—he said, "That is the door, and I insist upon breaking that door"—that was one of the policemen, I do not know which—he pointed to the door of 21—they got their staves out and walked across the road—they went up to the door and shoved it light open, and the screws were torn out—I saw it in the morning when I went to help Quinn put it up again—Quinn is the landlord of the house—I saw no more—I did not see what happened in doors until I saw Farrington taken out—they took him out and laid him on his back on the pavement—then they went in again and brought Henley—I did not do anything then—I did not go near them—I thought perhaps I should get in for it if I went near them—they brought out Henley and left him one side of Farrington—some one of the policemen said, "We had better have the stretcher and carry him along;" and one said, "No, take the Irish b—and drag him along;" and they dragged him along—his legs kept dragging along—they laid Henley by the side of Farrington, and carried him along as well.
Cross-examined. Q. Was there no stretcher for them? A. There was not—my wife is a laundress, and I had been out late with some work, and came home and had some supper after 1 o'clock—I could not help it, being late—when Thorne came up first I was at my own window—he went up to Farrington—I had been looking at them a quarter of an hour before—there were five or six of them altogether—they were standing between 21 and 20, just at Quinn's door—I heard Thorne desire them to go in, plainly—he shoved Farrington into the passage—Farrington came out again, and went up to the sergeant—the sergeant caught hold of him by the collar—I did not see Farrington do anything—the hat fell off when he got hold of Farrington and pulled him out on the pavement—I do not know what Farrington went up to him for—I saw a woman pick the hat up, and then I saw a policeman come—I do not know which—he ran very quick across the road—he took the hat from the female—I know Thorne—he and the policeman
stood at the door, one on each side, when Henley and Farrington and the others had gone inside—they stood with their staves in their hands, keeping guard for about five minutes—after that they went away—they were away about half an hour—I thought I should see no more of them—I did not see Quinn while his door was being broken open—I saw him at the beginning of the affair—I was standing at my own door when the door was broken open—I did not say a word while they were breaking it open—it did not take them very long—I do not know how long; it was not very long, I can assure you.
MR. BEST. Q. Would it take as long to break it open as you have been examined here? A. It could not take all that time—the footway was not very wide, and Farrington had his back close to the door, and the sergeant pushed him right in—he stood just on the footway of the door—he came out on the pavement, and the sergeant caught him by the collar—I did not see the police far down the street after this was over, just round the corner and then they were out of my sight.
ANN HENLEY . I am sister to Henley the prisoner—I live at 21, Paul-street, Lisson-grove. On Sunday morning, 19th September, my brother was at home—he was at home from. 17th September, with his shoulder hurt—he was quite sober—the following day was Saturday—he laid in bed the whole of that day—at 10 o'clock at night, a friend and his wife came to see him, and they remained for some time till about a quarter past 12—my brother came down-stairs, and I lighted them down-stairs, and put the candle on the landing—when he came back the men that stood at the door asked him how he came to hurt his shoulder—he was telling them, and the policeman came by and gave Farrington a bard blow and knocked him down: and Henley went up-stairs, and I went with him—we came into the room—a few minutes afterwards Farrington came up and knocked at the door—we were having some supper—he asked my sister for some water to wash himself, as he was all over blood—that young woman's name was Ann Brassell—he washed himself, and we sat down to supper—some time after, we heard a noise down-stairs—we all sat in the room, and the policemen rushed into the room, aud gave my brother the first blow on his eyebrow, and knocked him down, and broke the chair that was under him—they knocked Farrington down—both the chairs were broken—the table was thrown down with the candle on it—the supper was upset and trodden under foot—I lighted the candle and said, "I should like to take some of their numbers"—policeman 228 gave me a punch on the eye, and called me very low language, and he said if I came near him again, he would take my liver out of me—I was hallooing "Murder," and he said if I kept on he would have my life, and I begged him to leave my life for I was left with one child and a widow—I ran out of our door and opened the front door, and hallooed "Murder"—they dragged Farrintgon down-stairs by the head, and my brother by the two legs, and they bumped his bead on every stair as they went—I know he was lifeless—they dragged him out in the street, and then they jumped on him—they dragged him on the ground—they dragged him a little further into the next street, and stripped off his coat and shirt, and left his inside flannel on—this was Henley—I said if they undressed him so he would never be alive again—I felt very bad, and I turned home—as I turned home I met Farrington with two policemen dragging him along—I said what a murder it was to do like that—they said, if I did not get away, they would take me and lock me up—I returned home again, and the policeman came to search my room afterwards—I lay on the bed with my clothes
on, and the same policeman held the candle over me and said he should like to set fire to me and burn me—this took place after the disturbance in the house—he said he had lost a lantern, and I said if it was there they should have it, but he did not find it there.
Cross-examined. Q. Did you see anybody brandishing the poker or shovel? A. They did not use the poker and shovel at all; the shovel was broken a week before—the poker was in the back room where we use the fire—nobody struck anybody with the poker or shovel—they had not the chance—I did not see anybody hit the policeman—I saw House there—I did not see anybody hit him at all—Mr. Quinn was in his own room, on the bed—he was there when I shouted "Murder," and his wife came out and said, what a murder it was to do so—we were at the police-court; but were not called.
ANN BRASSELL . I live at 21, Paul-street, and have done for three weeks. On Sunday morning, 19th September, I was in the bed-room, folding up clothes—it was something past 12 o'clock, and Farrington came into the room with blood on him, and asked for some water to wash it off—I took the candle and went down-stairs into the wash-house, and drew a jug of water—when I came out again I saw a man in the passage who knocked the candle out of my hand, and then jumped on a fruit-man's barrow, and then jumped over the wall—I came up-stairs, went into the back room, and Miss Henley dropped into the front room for some supper—sitting down at supper, a room full of police rushed in, without knocking at the door; and when I came out to the door Henley was bleeding on the floor, just as if a man was in a slaughter-house—Henley's two sisters were in the supper-room with him, and Farrington—I came out of the back room—before this took place I had not heard any conversation in the passage—I was not down-stairs at the time, I was up-stairs—the two rooms join together—the stairs are quite convenient to the two rooms, stepping out of the room on to the stairs—I did not hear any shouting up the stairs—they pulled Farrington out by the collar, and pulled out Henley by the legs with his hands up, and his head went bump against the steps for fourteen steps—they pulled him along the passage, using low language—I never heard such language in my life, and did not think any men would express such language except they were drunk—it was the police used the language—they got him down the passage, and drew him along the pavement a good distance, then they took off his jacket and his shirt, and undressed him, leaving his flannel about his neck and his arm bound—then they put him on a stretcher and took him to the station-house.
Cross-examined. Q. What are you? A. I am a cook out of place—I I had been out three weeks—I saw Henley struck in the room—he was struck dead cold—he was at supper with his sister, and while at supper the policemen came into the room, and I saw him struck—he had been quietly eating his supper, and the policemen came in and struck him, and knocked the supper about, overturned the table, and broke the chair—I could not tell how long I had been in the room with Henley—there was no timepiece—I could not tell to the minute—I was about a quarter of an hour with Henley in the room—I was not taking supper with him—I was going to sit down to supper when the policemen rushed in—Henley was sitting at the table—he had commenced his supper—suddenly the police rushed in, and, not saying a word, they struck Henley—I did not see the policeman House hit by anybody—I did not see his face streaming with blood—I think it was about fifteen minutes before this, that the man jumping over the wall took
place—I never found out who that was—it was not one of the police—he had a white flannel jacket—he rushed along the passage to the street-door, stepped on a fruit barrow, and jumped over the wall—he pushed the door in violently—I saw that—he ran through the passage and knocked the jug out of my hand—he did not knock me down—he jumped over the wall into the next yard, and I saw nothing more of him—I told them in the house—I never enquired afterwards who it was, and never found out—Farrington came in with blood on his face—that was before the man rushed through the passage—the blood was running down Parrington's face—I did not see any police in the passage at that time—I think it was a little after 12 o'clock.
ELIZABETH CHAPPELL . I live at 21, Paul-street, Lisson-grove. On Sunday morning, 19th September, I was there—I was passing through out of the yard with a light in my hand, and it was knocked out of my hand by the police, who were rushing past and going up the stairs—they were coming from out of the street and going up the stairs to the first floor back—they were going through the passage from the front door—I did not hear anything take place before this at the front door—when the police were making a noise at the door I was in bed, but I got up as I was coming to see what was the matter—the candle was knocked out of my hand—I live in a cottage at the back of the yard—I went into my own place again and got a light—when I came back again they were dragging Farrington down the stairs—when they got him to the bottom of the stairs, the policeman beat him across the legs with his staff, and I said, "Good God, don't commit murder"—only one policeman beat him—they dragged him out into the street, and when I returned to see who the young man was, I did not know him being in such a state of blood—he was quite a stranger, I said—they turned his head up, and I said,"Oh good God, I don't know the young man at all"—when I returned, they were dragging John Henley down the stairs—there were four policemen doing that—he had his arms up—they took him out of the bouse and took him away—I did not follow them—I went up-stairs and the policeman came up afterwards and took the fire irons away—they took the poker from the back room, but it was perfectly straight then—I could not swear which policeman it was; I do not know his number; I was too much frightened.
Cross-examined. Q. What are you? A. I get my living by working at the laundries—I did not see these fire-irons in anybody's hand that night—I saw no one struck at all in the force—no policeman at all—they were dragging Henley by his legs from stair to stair—his head bumped against every stair and the stairs were strewed with blood at every step.
GUILTY on the Second Count.— Recommended.
to mercy.— Confined Twelve Months each.
OLD COURT.—Friday, November 26th, 1858.
NEW COURT.—Friday, November 26th, 1858.
PRESENT—MR. RECORDER, and Mr. Ald. GABRIEL.
Before Mr. Recorder and the Fourth Jury.
MR. RIBTON conducted the Prosecution.
SARAH ANN LANGHAM . I am the widow of the deceased Robert Bridge Langham. He was a stableman—we occupied two rooms over the stable in Davies'-mews—the prisoner was coachman in the service of Mr. Wilson—my husband and the prisoner had their carriages in the same coach-house—my room commands a view of that coach-house—it is not directly opposite, but I could see it plainly. On 19th October, my husband came up-stairs to change his boots, and put on his wooden boots—he wears wooden boots when he washes the carriage—when he went down, the prisoner was there, washing Mr. Wilson's carriage—I heard a conversation between my husband and the prisoner—my husband said he did not wish to have any masters work there—he said he did not go to his master when he had an accident, and the next time he would not settle it so—my husband walked away from him to the coach-house—he went into the coach-house—the prisoner said, "That is your game, is it?" and under the wheel of a carriage there was a setter—the prisoner went to the setter—he unfastened the chain and took the pin out—he took out the lever and went into the coach-house, following my husband—he raised the lever with two hands, and struck him a violent blow—my husband reeled out of the coach-house to the back of the carriage—he had his hand to his head, and said, "Oh, dear!"—I saw the blood flowing most profusely—I ran down-stairs, and, as I went, I took off my apron and put it to my husband's head, to try to stanch the blood; but it was impossible to do so—my husband went to Mr. Ritcham, his master, and spoke to him—the prisoner went to his work—I went with my husband to the surgeon—he went to two doctors before he went to Mr. Bloxham—my husband went home with me, and finished his work—he did a little now and a little then—he did his work—that was on Tuesday—on Wednesday, he went to Mr. Bloxham—he was not at home—my husband went to the hospital on Friday—he died on the Monday—I had some conversation with the prisoner on the day that he struck my husband—I told him it was a cruel blow—he said, "You did not see Bob hit me"—I said, "No, Mr. Brown, he did not: there was no blow struck when you hit my husband"—he said, "I don't say there was"—I said, "If there had been, it did not justify you in hitting him"—he said, "Yes, it did," and if I did not get out of his way, he would serve me so—"You won't do that," I said, "I have got the medical certificate in my hand which Mr. Bloxham has given me; and I will let Mr. Wilson know what a wretch of a coachman he has got" street police-station—he repeated then that I did Dot see my husband hit him—I said, "No, I did not; and if I had, it did not justify him in taking his life"—he said, "No, I don't say it did; I am very sorry for it."
Cross-examined by MR. HOPWOOD. Q. Where did this take place? A. In Davies'-mews—I was at my gate, outside my room door, over the stables—4 is right opposite to the stable—my room is 2—the coach-house
is about the usual width—there are stables on the side where I am—my rooms are over the stable—I have two rooms, but they go back—there is not, by the side of the room, a loft to receive a ladder—the loft is at the back—it is what they call a double stable—the front is about the general width—I was nearly opposite—my husband was in the coach-house when the blow was struck—Dr. Wilson's carriage was outside—the door of the carriage which was nearest to me was not open—I could not see the other one—the doors of the coach-house were both open—the blow was struck inside the coach-house, almost, you might say, at the back of the carriage—my husband reeled out immediately to the back of the carriage—the setter was taken from the furthermost wheel from the coach-house—my husband owned he had taken one pint of beer that morning, but I did not see him—he was out the night before—he had to wait for his master till near I o'clock—I don't think he had a good deal of beer the night before—I went to bed about 10 o'clock—I did not see him when he came home—I suppose it was about 1 o'clock—I left my husband in the stable when I went to bed—from 10 o'clock till 1, I don't know what he did—he was not disposed to be quarrelsome with the neighbours—my name was Miller before I was married—when my husband had had a little drop to drink he was rather violent—he was not occasionally quarrelsome—there were not four or five persons in that mews who complained of his violent conduct—I can answer for it there was not—he was not a quarrelsome nor a lighting man—he never fought in his life—he never used violence to the prisoner—they used to be very sociable together—I am quite sure he never practised boxing—his master did—he paid 30l. to Ben Caunt to leant to fight—I never saw him strike or use violence to both the Millers, my relations—they have complained, but I never saw him da it—he was not a violent man—a man named Lillycraft has not been violently treated by my husband; they were on very friendly terms—I do not know a man named Davis—I know a man named Squires, but he and my husband never had anything to do with each other—my husband did go to work at times during the day he was struck—I am sure he did not drink on the second day after he was struck; I can't answer for the first day—he was not drank—I did not follow him about to see if he drank—on the next day he did not; he was not out of bed till 6 o'clock in the evening—I then went to Mr. Bloxham's with him—he did not drink the next day—he went to Dr. Bloxham by himself—he was not kicked on the forehead by a horse; he was kicked under the eye—the bruise was not quite gone off—I should think that was nearly a fortnight before—it was not far short of a fortnight—the eye was black.
MR. RIBTON. Q. Was he a very quiet man when sober? A. Yes; I do not know of his having any quarrel with the prisoner before—I went to bed at 10 o'clock the night before—I do not know what time my husband came in—it was about I—on the Tuesday morning he got up at his usual time and went to work—he breakfasted about 8 o'clock—I do not know of any quarrel between the prisoner and him—with respect to the horse, he did not suffer any inconvenience from it, or go to a doctor—on the Tuesday he was about his ordinary work—he went to bed that night rather earlier than usual—he had been dressed that day by Mr. Bloxham—on the Wednesday he was unable to go out till the evening—I went out with him and came home with him—I am sure he was not out at 1 o'clock that day—on the Thursday he went to Mr. Bloxham—I did not see him—on Friday he went to the hospital.
ELIZABETH ANN MILLER . I live at 1, Davios'-mews—the deceased was my brother-in-law—I was in the Mews about 10 o'clock that morning—I was standing outside No. 1—I saw the deceased come out of his house and go over to the prisoner—he said to the prisoner, "I did not go to your master when you chipped that brougham; and I do not want any master's work here: the next time you go, we shall not settle it like this; for two pins, I would not mind spoiling the look of your ugly mug; it would not take me long to do it," shaking his fist at the same time in the prisoner'g face—the deceased then went into the coach-house, and the prisoner said, "That is your game, is it?" making use of an offensive expression—he then deliberately went to the setter, drew the pin out with his left hand; took the lever, and went into the coach-house—he stopped there about two seconds—the prisoner came out of the coach-house first, with the lever in bis hand—the deceased followed him out with his hand to his head, which was bleeding very dreadfully—I saw him walk to his master's stable—he went and had his head dressed—the prisoner went on with his work.
Cross-examined. Q. Is your house on the same side as this coach-house? A. No, on the opposite side, at No. 1 next door, the other way to Mrs. Langham's more to the right—I was down-stairs in the mews—the deceased And I have had words—the policeman did come one night.
GEORGE MILLER . I am a coachman, and live in Davies'-mews—I am brother to Mrs. Langham—I was in the mews on the morning when this trans action occurred—my carriage was ordered at 10 o'clock—I was putting my horses to, about five miuutes before 10 o'clock—the deceased came out of his own door, and went over to the prisoner who was washing a carriage—he said something to him which I did not hear, and shook his fist—he then walked into the coach-house, and the prisoner said, "That is your b----y game, is it?" and he turned to follow the deceased into the coach-house—my wife said to me, "They are going to fight"—with that I got on my box and turned my horses' heads, and when I turned round the deceased was coming out with his hand to his head; but not thinking for a moment that the prisoner had struck him, I drove on—at that time there were only four persons in the mews—I afterwards saw the prisoner when the deceased had just returned from Mr. Bloxham—I said to the prisoner, "What is all this about?"—he said, "Bob shook his fist in my face, and threatened me, and I hit him with the handle of the setter"—I said, "The piece you had in your hand when I passed?"—he said, "Yes"—I said, "That was no manly act; if you had given him a jolly good thrashing with your fists, I should have said nothing about it"—I took the deceased to the hospital on Friday by the direction of Mr. Bloxham.
Cross-examined. Q. How did it happen? A. I was putting my near side horse to when the deceased went over to the prisoner—he said something, and shook his fist—the deceased went into the coach-house, and the prisoner said; "That is your b----y game, is it?"—he looked up and down the mews, and turned to follow the deceased—I did not see him follow him—I got on the box, and turned my horses' heads towards the coach-house—the deceased was standing with his back to me; and the prisoner was coming out of the coach-house, and he had the weapon in his right hand—his eyes met mine, and he dropped it—I did not think for a moment that he had done it, and I drove on—the deceased was my brother-in-law—he was not a fighting man—on one occasion he was violent to me, but that was a family affair, it had nothing to do with this—the deceased was about the same build as the prisoner—he never struck me; he only threatened me—he never struck me
in his life, not on any occasion; that I could take my oath of—he had not struck others in the same mews—he was respected by everyone in the place, or they would not have done what they have done—I never knew him to fight any one.
WILLIAM BLOXHAM . I am a surgeon—I recollect the deceased coming to me about 11 o'clock—when he entered my surgery, his face was covered with blood, and he had his hand to his head—I placed him in a chair, and proceeded to examine the wound, and dressed it—it was a straight wound, about two inches in length, extending up to the hair and down to the forehead—it was partly incised and partly contused—the scalp was not penetrated by the blow, neither was there any depression of the bone—I dressed the wound in the ordinary manner—it was a blow which might have been inflicted with the straight part of this weapon—this was on Tuesday—I saw him again on Thursday—he complained of a little stiffness about the dressings, but they were undisturbed—he seemed slightly feverish, which induced me to ask him if he had been drinking—he said, "Yes"—I directed him to continue taking some medicine which I had prescribed on the first day, and he said, oh he had had enough of that—he went to the hospital on the following morning by my advice—he was in such a state that I thought it necessary—I did not see him after his death.
Cross-examined. Q. This injury did not extend to the bone, and the scalp was not divided? A. No—he had a smell of beer, and his strangeness of manner induced me to ask if he had been drinking—he said, "No, only half-a-pint"—if he persisted in a course of drinking, it would very much aggravate the wound—any blow on the head is very dangerous if there it intoxication afterwards—I should have called it a severe wound—at that time, with care and sobriety, I did not anticipate any dangerous results.
MR. RIBTON. Q. You say it did not extend to the bone? A. No—I used the best means to ascertain that with my fingers—I can positively state the bone had not been fractured.
GEORGE SILVERTON (Policeman, A 293). I took the prisoner in custody on 25th October, in the evening of the day on which the man died—I told him he was charged with causing the death of a man named Langham—he said that it was a bad job for him—he did not think it would turn out as it had—I found this weapon in the coach-house the next morning—the prisoner saw it produced in Court—he told me in going to the cell that there was no mistake, that was the instrument he struck him with.
EDWARD DURHAM TOMLINSON . I am house surgeon at St. George's Hospital—I recollect the deceased being brought there on 22d October—I examined his head, and found a wound on the forehead about two inches in length—I did not examine the scalp for some days—I examined the wound—I took the dressing off, and the bone was exposed—I dressed him and prescribed for him—he died on the following Monday—there was a postmortem examination—there was a wound on the forehead; and when the scalp was pulled down there was a fracture of a part of the frontal bone, called the organ of fate; there was matter between the membrane of the brain—in my judgment the cause of death was inflammation of the brain, produced by the injury.
Cross-examined. Q. Was there any complaint of the eye? A. He had the remains of a block eye—this blow was about the middle of the forehead—the inflammation was on the left of the brain; that kind of inflammation usually sets in within the first seven or eight days—the black was on the left eye—the fracture was on the organs of the eye; that was
where the injury was internally—I should Bay if the black eye had proceeded from a kick of a horse, most probably there would have been a wound—I saw no wound; only the remains of a black eye—inflammation sets in, in a case of concussion, in from eight days to a fortnight—a blow on the head would affect the whole skull, probably the whole brain would be concussed.
MR. RIBTON. Q. Would a blow inflicted with this instrument on the Tuesday before, be sufficient to account for the fracture you have described? A. Yes; a blow might have fractured the skull and the organ—the portion of the bone which was broken was very weak; the front bone is very strong—I have no doubt about that.
COURT. Q. You say the death arose from inflammation? A. Yes; inflammation of the membrane—no doubt it could have been produced by a kick of the horse under the eye if it had been as much as a week before, not if it had been as long as a fortnight—I have not the slightest doubt that it could not have been the case if it had been a week before, and there had been no suffering in the mean time.
MR. HOPWOOD to GEORGE SILVERTON. Q. Did not the prisoner say something to you about why he had done the injury? A. On the road to the station the night before he said the deceased had challenged him to fight, and had quarrelled with him several times the day before.
Witnesses for the Defence.
HENRY LEADER . I live in Gilbert-street, Grosvenor-square—I am a coachman. On the morning of 19th October I saw the deceased about half-past 8 or 9 o'clock—I did not observe what state he was in—I was not near the coach-house door; I was by the stable, which is at the top of the mews—I saw the prisoner and Langham's master outside the stable-door—I heard the deceased say to the prisoner, "You are a b—y liar"—the prisoner was in the stable, the deceased was outside—I heard Mr. Ritcham say to the prisoner, "Go and get your carriage done, and I will make Bob ay for it"—Bob was the name the deceased was known by in the neighbourhood— Bob said the prisoner was a b—y liar; and he said, "If you say that again I will take your b—y life"—I can't say where the prisoner went, for I went home to breakfast; I did not return till 11 o'clock, and then I heard what had happened. I then saw Langham cleaning a brougham in the coach-house where this had happened—there was a man there washing a gig, whom I knew by the name of Tom Tucker. I asked Langham what had been up, and he told me he had knocked Brown's head against the wall, and then he struck him with the setter—on Thursday the 23d I went to Dr. Bloxham with him; he went in to Dr. Bloxham, and he came out again, and told me Dr. Bloxham had ordered him to go home and keep himself quiet, or else it was very likely he would have a severe attack of erysipelas, but he would not dress his head that day—I remember he had a black eye—I do not know how long that was before this.
Cross-examined by MR. RIBTON. Q. When this first conversation took place that morning, was Mrs. Langham there? A. No—I was at the coroner's inquest, but I did not go in—the deceased was rather stouter than the prisoner—he might be a little taller—I told Mr. Ritcham in the hospital that Bob told me he had struck his head against the wall, and then he struck him with the setter.
the coach-house where this happened—I was passing the door—I did not go to it—I heard very high words—I know Langham and the prisoner by sight—I saw them both—the prisoner had a cloth in his hand cleaning a carriage—Langham was standing still—the very first word I heard Langham say was, "You must be a pretty b—r to go and tell your master, of the carriage last night"—the prisoner replied, "Yes, and I will do it again"—the deceased seized him—the prisoner ran twice round the carriage—the deceased followed him, and seized him again by the hair and shook him—the prisoner replied, "I am not going to stand it no longer"—they were at that moment between the carriage and the coach-house—I saw the deceased catch the prisoner and knock his head against the coach-house door—I saw Brown fetch the setter and hit the deceased, and the blood came—I went away about my business—I was examined before the Coroner and bound over.
Cross-examined. Q. Did this take place outside the coach-house? A. Yes, between the carriage and the coach-house, outside the coach-house door—the deceased ran round the carriage and seized him by his head with both hands—he struck him, and the prisoner replied, "I am not going to stand that"—I did not see him take the chain out of that instrument—the chain was not in it, it was lying down by the sink—the setter was not under the wheel of the carriage—he did not take the chain off, and draw the pin out, it was lying down in the sink—the deceased had not gone inside the coach-house before he struck him; it was outside—this looks to me like what he had—I did not see Mrs. Langham or Mr. Miller there—I saw no one there—I have lived with a man seven years, and have two children—I have never been married—it is not true that Miller was there with his carriage, that I swear—he could not have been there sitting on his carriage without my seeing him—I saw him pass when I was putting my bonnet on.
COURT. Q. You say he seized hold of him both times? A. Yes; he caught him and let him go, and then he ran a second time after him, and he struck him.
GEORGE RITCHAM . I remember the Tuesday morning when this happened—Brown came to me, and made a complaint of the breaking of Mr. Wilson's carriage—I went to the carriage and Brown complained to me in Langham's presence, that Langham had broken Mr. Wilson's carriage down the edge of the spoke of the wheel—I have been coachman to Sir James Clark for five years—Langham was employed under me—when I saw what was done I said he must be more careful, and I told Brown to get the carriage mended and I would make Bob pay for it—Langham denied doing it, but he used no offensive language—Brown called my attention to the carriages—they were jammed into each other, and that led me to believe that Langham really had done this damage—it was Langham's duty to put the carriage into the coach-house the night before—I was not there when the blow happened—Langham was a drunken man—I gave him notice to leave five times; he was a very violent man—he worked for me something like eleven months—I have heard him challenge the whole mews that he would fight any man in the mews—he professed to be a fighting man—I have seen the prisoner about the mews—I believe him to be a sober, steady, inoffensive man, so far as I know him.
Cross-examined. Q. Are you a fighting man? A. I am not—I got insulted once and I sent the man a challenge—I never gave 30l. to Ben Caunt—I learned the art of boxing—I paid a man—I do not recollect exactly what I paid him—he taught me—I know something about the noble art of self-defence—I
know Henry Leader—the conversation I had with the deceased and the prisoner about the carriage was about 8 or 9 o'clock—I have no recollection of seeing Leader at the time of the first complaint—I saw Leader when the second complaint was made, after the occurrence—I do not recollect whether Leader was present when I told Brown to get the carriage mended, and I would make, Bob pay—I have some notion of Mr. Parker being by—I said it inside the coach-house—I said it two or three times—I do not recollect whether Mr. Leader was present—I do not know whether Mr. Parker was close at hand—I did not hear the deceased use bad language—he could not use it, without my hearing it at the time I was there.
DAVID PARKER . I remember 19th October, I was at the door of my shop, which is over the coach-house where this happened—I saw Brown, and Ritcham, and Langham together—Brown complained to Mr. Ritcham of his carriage being injured—Mr. Ritcham told him to get it repaired, and he would make Bob pay for it—he said it was his carelessness and told him to get candles for the future when it was dark—I had occasion to go out—I put on my coat, and Langham came down the mews and said to Brown, "You are a b—y liar, if you say I did it, I will knock your b—y head off"—I interfered and said, "Bob, there is no occasion for any quarrelling, that won't mend it"—I did not say any more—I went away about my business, and when I came back this had happened, and the man had gone to the doctor—I had known Langham about the place since the time he has been there at work—I should think he had been drinking from my own impression, but still I should not call him drunk.
COURT. Q. Whereabouts were you when you heard this said? A. At the coach-house door—I remained there but a few moments—the deceased went over towards his own door—this was about twenty minutes after the other—it was about twenty minutes before 10.
WILLIAM CHAPMAN . I have a workshop in the mews, next door to the coach-house. On 19th October, I heard a quarrel between the deceased and Brown—I think it was about the carriages—I heard the deceased say to Brown, "I will knock your b—y head through the side of the brougham if you talk about me"—I have heard Langham was a fighting man—he was a violent man—I saw him after the accident at the public-house at the corner, the Running Horse—I think he was standing at the bar—I did not see him drinking.
RACHEL KENT . I am the wife of Benjamin Kent—I was a fellow-servant with Langham and lived in the same house—there were a great many rows between him and his wife, and fights—he was a very violent drinking sort of a character—I was before the Magistrate, but I did not give evidence—I saw Langham when he was kicked by the horse—I came down directly afterwards—it was Dr. Scott's horse—Langham told me how it was done—it was a few days before this happened—it was under a week.
Cross-examined. Q. Did you go to the police-office? A. No; I did not give evidence at any police court—I did not speak to any policeman about it—I did not go for the purpose of giving evidence—I did not go to this policeman (Silverton), and say that I had seen the blow struck—I did not see the blow struck—I did not say that I had seen the blow struck, that it was a shameful thing, and that Langham was sober—I did not say any thing like that—I did not speak to that policeman at all—I did not give my name to him—he was not writing down the names of the witnesses.
deceased on 19th October between 10 and 11 o'clock in the morning—that was the first time I saw him after the blow—he called for half a pint of 4d. ale—he told me the circumstance of the blow, and I said he had better have a drop of brandy, and he had 2d. worth of pale brandy—he afterwards came for ale which I served him with myself—I served him with two half-pints of 4d. ale—after he had the brandy I wished him to go home.
JOHN MCCARTHY . I am out of a situation—I live in the same mews—I took Langham to the doctor's on the 19th October, and after we came out we went to the Two Kings, in Davies'-mews—we had a pint of porter between three of us.
GUILTY .—Recommended to mercy by the Jury.— Confined Twelve Months.
THIRD COURT.—Friday, November 26th 1858.
Before Mr. Common Sergeant and the Ninth Jury.
MR. AUSTIN conducted the Prosecution.
JOHN NICHOLSON . I am master of the brig Thorn, which was lying in the Thames, off Milwall. On Sunday, 7th November, a little after 12, or on midnight of Saturday, I was walking towards Wapping to my ship, and met a man who offered to show me the way to it—he was a stranger to me—I followed him past the Thames Tunnel, and down a narrow passage—he said, "Come this way"—I saw a gas-lamp at the end of the passage, and, thinking I was not going the right way to the ship, I turned round and saw the prisoners behind me—they struck at me with their fists, and three more came up, laid hold of me by the coat, held me by my neck, and rifled my pockets of my porte-monnaie—I then sang out, "Police! murder!"and they ran away, and in a little time the police came, when I was sitting on a door-step, being exhausted—the prisoners ran in one direction, and the three men in another—the prisoners went up a lane—I missed a 5l. note, four sovereigns, and my watch.
Cross-examined by MR. O'CONNELL. Q. How long have you been at sea? A. Twenty-one years—I had been to a public-house in the afternoon, and had a glass of grog—that was very likely about 6 o'clock; I will not swear it was later than 5—I was there perhaps an hour, perhaps two; I will not swear it was not three hours—I had four glasses of gin, it was not five—I had nothing else—I left after 11 o'clock—that would make it five hours that I was there, but the four glasses of gin and water will not turn out to be six or seven—I do not know the name of the house—I am not much acquainted with Wapping—it is not very far from where I met the man who offered to show me to my ship—the streets were wide enough for me, I had not to make any tacks—I had dined ashore—I did my ship's work on shore—I left the ship in the morning—I had a glass of grog after my dinner—I had dined at Wapping about 2 o'clock, but not at the same public-house—the man who met me looked like a waterman; he had on a blue jacket and a cap; he was short—he spoke to me first; he said, "Do you want to go to your ship? I will take you off"—I got perhaps twenty yards down
the lane, half way—I was about twenty yards from the gas-lamp when I was attacked—I recognise Kaley by his dress and height, he was dressed altogether the same as he is now—the three men were dressed in dark clothes; one was tall and the other two were short—when I sang out "Police," the prisoners ran up the lane which they had come down after me.
Cross-examined by MR. RIBTON. Q. Have you heard anything about your note since? A. No—I drew 35l. that morning, and I left my ship with 17l. in my pocket—I lost 9l.—I had laid out the other 8l. for the ship's use—Mr. Waters got the 5l. note from me to pay his bill—I did not owe him a bill—I gave him an order for meat that day to send to the ship, and left the 5l. note with him because I had too much in my pocket—I have got it from him since; it was sent to me by him—he did not stop something for the meat—I never got the meat; I had to go away—I recollected having left the 5l. note with him before he sent it to me; I applied to him for it three days after—I did not leave money with any one else that night—I did not leave a watch and two 5l. notes with the landlord of one of the public-houses—I say that I did not leave them because I never left the public-house till I got them—I gave them to the landlord to take care of because I did not want the 5l. notes at the time—they were part of the 17l. I brought out that morning—it was one of those notes that the butcher got—I asked the landlord for them, it might be half-an-hour afterwards—I was sitting inside his parlour having some drink—he refused to give them up to me till Mr. Waters came, and then he gave them to me—he did not say in my hearing that I was so drunk that he would not give them to me—I was not drunk—I do not know the landlord's name—I changed a 5l. note at that public-house; I cannot exactly say what for—I had three 5l. notes and two sovereigns—that was about 12 o'clock, and I was robbed at about a quarter past 12 at night—I was with my brother-in-law during those twelve hours, and I was at Mr. Waters' some time, and at Mr. Dower's, a grocer—I do not know how many public-houses I was in—I had never seen either of the prisoners before.
MR. AUSTIN. Q. Then you had five glasses of grog between 2 in the day and 12 at night. A. Yes—I was sober when I saw the prisoners—I swear they are the men—I had 17s. 6d. left in another pocket after the robbery.
THOMAS HARRISS (Policeman, K 383). On 7th November, I was on duty between 12 and 1 o'clock, and the prosecutor came to me near the Thames Tunnel; his waistcoat (produced) was loose and the pocket torn; his watchguard was swinging about—in consequence of what he said I went with him towards King-street, and saw Kaley run across the road—the prosecutor said, "That is one of the men that robbed me"—I ran after him and brought him back, and the prosecutor identified him—I searched him on the spot, and found in his pocket nearly half of a brick; he said, "I have done nothing, Charley; that is for Bill Shannon, we have had a row"—I took him in custody.
Cross-examined by O'CONNELL. Q. Did he walk up to you and say anything about having seen another constable before? A. Another constable was with him, K 190, who had recently joined the service—I have been nearly five years in the service, and have done nearly four years duty in Wapping, and know all the men about—Kaley has worked at a lime-kiln in High-street, Wapping, constantly for the last six or seven months—he lives in King-street—I believe he supports his mother—he has got a young
brother—there was no one about but one or two policemen—it was nearly 1 o'clock.
Cross-examined by RIBTON. Q. Was the prosecutor sober. A. Yes; but he seemed excited—he wrote his name at the station as well as I could—he had a black eye and a swollen cheek.
ISAAC PORSEY (Policeman, K 53). I was at Green-Dank, Wapping, about tea or twelve yards from the place where the prosecutor says that he was robbed, and about half-past 12 or a quarter to 1, I heard money jinking, and saw three men counting some money under a lamp in King-street—Allen is one of them—he and another ran into a house, and the third ran away. I knocked at the door for some minutes, but it was bolted inside; a woman then came and opened it, and I saw Allen on the stairs—the woman said that he did not live there—I went up to the garret where the other prisoner was, but he escaped by the window—I did not see him, but I saw two go into the house—I took Allen, brought him down stairs, and the prosecutor identified him—he said that he knew nothing, about it and was innocent—I searched him, and found two sixpences, a fourpenny piece, and 7 1/2 d. in copper.
Cross-examined by MR. RIBTON. Q. Was it not Allen's sister's house. A. I do not know, I have not enquired—the three were standing three or four yards from this house—I have known Allen some long time—the prosecutor was sober, he could walk as well as I could, and he signed his name—I told Allen when I went into the house that he was charged with the robbery—the prosecutor had identified him before that in the house; he was with me when I was admitted.—Allen was dressed as he is now—he denied all knowledge of it.
COURT. Q. Did you know the other man who went into the house with him? A. No—we could not get into the garret, and I broke it open with my staff, and fouud that a part of the window was taken out which enabled a person to get on the roof.
The Prisoners' statements before the Magistrate were here read as follows:—Kaley says, "I was coming home from a raffle in the Back-road, and two men knocked me down; I went down Old Gravel-lane, picked up a brick and put it in my pocket—it was half-past 1 before the prosecutor saw me." Allen says, "The rooms were empty, and locked outside."
ALLEN— GUILTY .*— Four Years Penal Servitude.
KALEY— GUILTY .—He was further charged with having been before convicted.
RALPH FIELD THOMAS (Thames Police inspector.) I produce a certificate (Read: "Middlesex Sessions, February, 1855. John Taylor convicted of stealing a handkerchief from the person. Confined Nine Months")—I was present—Kaley is the person.
GUILTY. †— Four Years Penal Servitude.
PLEADED GUILTY .— Four Years Penal Servitude.
59. GEORGE GOODWIN (21) , Stealing at Greenwich 3 waistcoats, value 10s., of Edward Carter, also stealing at Woolwich 1 coat, value 17s. of Thomas Pacey, having been before convicted; to both which he PLEADED GUILTY .— Four Years Penal Servitude.
60. THOMAS GANNARD (23) , Stealing at Woolwich 6 handkerchiefs and other articles, value 25s., of William Pullen; also feloniously cutting and wounding James Blackwell with intent to resist his lawful apprehension; to both which he
PLEADED GUILTY .— Four Years Penal Servitude.
JANE HILL . I am the wife of James Hill. On Saturday evening, 6th November, I was in Eyre-street, Woolwich, at a little after 11 o'clock—that is where the butchers' shops are—I felt a hand in my pocket, and put my hand and caught hold of the prisoner's arm while his hand was in my pocket taking the money out—as he drew his hand away something fell from it in the street—I called the police, and Mr. Frazer picked up two half-crowns and gave me—I had bad about 22s. in my pocket—I had just received six half-crowns at a shoemaker's shop—I had nothing left in my pocket—I said to the prisoner "Give me my money," and he put 6s. 10d. into my hand—I am about 10s. out of pocket.
Prisoner. Q. Did I run at all? A. Yes, across the road, but I kept hold of your arm—you said that you were drunk and you told me in the court that you were very sorry for doing it—I give you credit for being sorry.
GEORGE FRAZER . I was in Eyre-street, Woolwich, on this night about 11 o'clock—I saw a conflict between the prisoner and prosecutrix—I picked up two half crowns and gave them to the prosecutrix—she had not hold of the prisoner at that time—he had been taken in custody and was on his road to the station—I believe she had hold of him when I heard them fell—I did not lay hold of him—I was not before the Magistrate; a policeman subpœnaed me—I had not given my name to him—I live at 46, Montague-place, Woolwich.
RICHARD AUSTIN (Policeman, R 439). I was called by the prosecutrix—I took the prisoner by the collar, he was rather violent, and I threw him on the ground; he sat on the ground and gave her 6s. 10d. in silver—I took him to the station—I received information that money had been picked up, and found out Mr. Frazer and brought him here—the prisoner's breath smelt of drink, and I could see that he had been drinking.
Prisoner's Defence. I was out of work, met two or three friends and had some spirits to drink—I am very sorry.
GUILTY .— Confined Six Months.
62. JOHN McRATH (22), and MICHAEL CAEL (19) , Burglariously breaking and entering the dwelling-house of Patrick Haggerty, and stealing therein 3 gowns, 1 handkerchief, and other articles, value 30s., his property.
MR. LANGFORD conducted the Prosecution.
JOHN HAGGERTY . I live at 10, Warren-lane, Woolwich. On Friday morning, 29th October, about a quarter past 4, I was in bed in the lower back room of 10, Warren-lane, in the parish of Woolwich—I was asleep—about a quarter past 4 I heard a noise like a footstep on the boards—I got up, looked round, and saw a man at the foot of the bed, dressed in dark
clothes—I asked "Who is that?"—he never made any answer—I called my sister and got a light—I saw that the things that had been on the line had been removed—I saw them safe the night before, when I was going to bed about 10 o'clock—these (produced) are them—I dressed myself and came into Warren-lane—I got into Harding's-lane—I heard a little noise there and I waited a little while—presently I saw the prisoners—Cael was carrying a bundle of clothes wrapped up in a red handkerchief—it turned out to be these—that was about ten minutes after I heard the noise in the room—I got out before my father—the red handkerchief was also safe on the line the night before—I saw them apprehended at the corner of Warren-lane.
Cross-examined by MR. LAWRENCE. Q. What time was that? A. About half-past 4—I saw one man at my bed foot—I could not see another—I did not hear any noise made at any time to show that some other person was in the house—it was pretty dark at the time—before we got the light, there was not much to be seen—this is a house where rooms are let—persons very often come to take rooms—they do not come at all hours—it was about ten minutes after the light was given that I saw the man in the lane.
MR. LANGFORD. Q. Did you notice the size of the man that was in the room? A. Yes; he was about five feet nine inches, I should say.
PATRICK HAGGERTY . I live at 10, Warren-lane, Woolwich, and am a labourer. On the morning of Friday, 29th October, between 4 and 5 o'clock, I was called by my son—I had seen these clothes safe on the previous night; they were missing when I came to look at the line—I went with my son into the street my son got out before me—I saw both the men—I saw no bundle at the time I saw them I went for a constable—I saw the bundle taken up at the end of Meeting-house-lane—tthere are three women's articles of dress there, and some other things—they belong to my wife and children.
Cross-examined. Q. Were you present when they were given in charge? A. McRath was given in charge—he was sober—he was running pretty quick—I asked him what was up; and he said, "Oh, never mind; let me pass."
COURT. Q. Who picked up the bundle? A. I cannot say; I saw it was picked up in the very place where these men were—they were all in my house.
FREDERICK DILKES (Police-sergeant, R 37). On the morning of 29th October, about 5 o'clock, the last witness sent for me, and I took Cael in custody—I took him down a passage at the top of Warren-lane—I there found the bundle of clothes, which was identified by Haggerty, senior—I asked him why he had thrown the bundle of clothes there, and he stated that it was on seeing the police approaching—I then took him into custody, and on searching him, I found under his uniform the black cloth coat and the black satin waistcoat which I now produce—I saw McRath on the same evening about 5 o'clock—he eluded my pursuit—after he was at the station, he said, "I have done this for the purpose of getting out of the service"—Cael stated that McRath had given him the bundle to carry—I am quite sure he said that—this was said as they both stood at the bar of the station.
Cross-examined. Q. What time was it that McRath was first at the station-house? A. At a quarter past 5—I swear that he told me he had done it to get out of the service—he said it that morning at a quarter past 5, when the acting inspector had read the charge over to him—the acting inspector is not here—those were his words, "To get out of the service."
GEORGE COLE . I live at 29, Meeting-house-lane, Woolwich, and am a labourer. On the morning of Friday, 29th October, last, soon after 4 o'clock, I had occasion to go to a water-closet in 7, Warren-lane, the adjoining premises—it is a little lane that leads out of Warren-lane—whilst I was there, a bundle of clothes came over near the water-closet, from the adjoining premises—I could not say whose premises they fell from—there is a wall there that belongs to the back premises of three or four houses—it is not above six or seven yards from Mr. Haggerty's—Haggerty's is one of the three or four houses that the wall belongs to—after the bundle came to me, McRath got over the wall, and brought part of the bricks of the wall with him—I said, "Halloo, neighbour, what in up?" or some words to that effect, because it startled me at that time of the morning—he replied, "Oh, the blasted drink!" and then he picked up the clothes, loose as they are now, chucked them over the adjoining premises, and away he went.
Cross-examined. Q. When were you first called by the police to give evidence in this matter? A. Not till the following Thursday—I had not seen McRath before this time—it was a beautiful moonlight morning—I had no opportunity of knowing whether McRath was drunk or sober.
COURT. Q. It was not a short man? A. No; I identified him as soon as I saw him.
Cael's Defence. I am guilty of having the things.
GUILTY .— Confined Twelve Months each.
Before Mr. Recorder.
PLEADED GUILTY .**
The prosecutrix, who is the prisoner's aunt, stated that he had robbed her on a former occasion.
RICHARD AUSTIN (Policeman, R 439). On Tuesday afternoon, 26th October, about half-past 3 o'clock, I was on duty in Powis-street—the prisoner came up and asked me if I could direct him to any place where he could get work—I told him that I could not—he said that he was very hungry and could get nothing to eat—he passed on down Powis-street, and I followed him—as soon as he turned the corner, he went up to Mr. Reed's shop door, and took this packet of woollen plaid (produced) from the top of eight or ten packages at the door, and ran off with it—I pursued him, and he was stopped by Edmunds—I asked him why he did it—he said that he was hungry and could get nothing to eat, and the thing he ran off with would put four or five shillings in his pocket.
WALTER EDMUNDS . I am shopman to William Reed, a draper, of Powis-street, Woolwich. On 26th October, about half-past 3 in the afternoon, I was in the front window, and saw the prisoner come up to the door and take the top piece from a pile of goods at the door—this is it—he put it under his arm and walked away with it—I followed and gave him in charge—it is William Reed's property.
He was further charged with having been before convicted.
RICHARD WILLIAM KAY . I produce a certificate (Read: "Central Criminal Court, June, 1857; George Walters, convicted of stealing printed cotton. Confined One Year")—I was present—the prisoner is the man.
GUILTY .**— Four Years Penal Servitude.
MR. LANGFORD conducted the Prosecution.
JAMES GREEN . I live at Brewer-street, Woolwich, and am agent to Benjamin Bloomfield Baker, contractor for forage for the troops at Woolwich. On Monday, November 1st, I was at Charlton-wharf, and saw the prisoner in charge of a barge, which had come in on the Saturday—I spoke to him twice during the day—I went to him about 5 o'clock, and asked him if he had got all the oats ashore—he said, "Yes; every sack of it"—there were 450 sacks of oats—there had been a cargo of 800 sacks—we had a bill, saying that there were 800; that was the only way we knew it at that time—I asked the prisoner what he had done with the sweepings—he said that there were not many of them; he had put them in a sack which had burst, to fill it up—I said, "What did you do that for? I was down here this morning, and told you to put all the sweepings in a sack by themselves, that I might see what quantity there were"—I had told him that two or three times over—I then began to walk down the plank; and directly he saw me coming, he drew the ladder up—I told him to bring the ladder back—he did not do so; I repeated it, and he very reluctantly brought it back—I then went down into the barge, and saw a sack of oats—I asked him three times how that came there, and he gave me no answer; at last he muttered out that that was the last sack of the cargo—I told him it was no such thing—I then went on shore, and the man who we had to assist us in unloading, came out of the store-room—I asked him, in the prisoner's hearing, what that sack was in the barge—he said it was a sack of sweepings of the barge, which Forsdick and he had swept up and put in the sack—I said, "Why, how is this? one tells me that he put the sweepings into a sack to fill it up; and the other, that this is the sweepings of the barge; what have you to say to that?"—the prisoner said, "It is one of the cargo; I will go and fetch it up"—I said, "If this is one of the cargo, why did you tell me that you had taken all the sacks ashore, and why did you take the ladder away?"—he made no reply—I said that he should not fetch it up, but he did, and I had it put in the store-house, made a chalk mark on it, and locked it up—I told the prisoner I should give him in charge; that I had suspected it for a long time, and had stopped a man last week with two bushels—he said that he did not know anything about that; he was not going to steal it—I gave him in charge—I compared the oats with the cargo, and they corresponded—they are worth 14s.—the prisoner said that he had brought down 400 quarters.
Cross-examined by MR. LILLEY. Q. When did he say this? A. On Monday morning—he brought a bill with the oats, and I always ask them the quantity—they are Swedish oats, and come over in ship-loads—a ship-load varies according to the tonnage of the vessel—two of my men unloaded the barge with the prisoner's assistance—the barge's hold is more than five feet deep—the hatches were off at that particular part, and I could see down—801 sacks came to hand—I should not have liked to jump down into the hold when there was a ladder at hand—I have known the prisoner for the last
six months—I have seen him three or four journeys—I do not know that he hesitates; I have always found him with a great deal of freedom of speech before—when I got down the hatches I saw the sack, but not as I stood on deck; it was nearly at the end of the barge—I gave our own man in custody also, and he was discharged—on a previous occasion I fouud three bushels of oats in the cabin after the prisoner was gone—I have not lost any since this occasion, but I did previously—each sack is weighed to us; we buy by weight; the weight is made up—there is not sometimes a deficiency of 15lbs. in a sack to my knowledge—several were weighed, but not in my presence.
JURY. Q. Was this sack removed? A. It was not one of the cargo; it is one which had been filled—I know that by the tie; it has been recently tied; it is different from a sack which has been pressed in the cargo—the oats exactly corresponded with those in the other sacks, but there were a great many oats about the barge—there would not be a great deal of dust with the sweepings if the barge was clean; but these were not sweepings—I did not examine all the sacks to see whether any of them had been opened; we take them direct to the barracks, where they are shot.
MR. LANGFORD. Q. Whose barge was it? A. Mr. Keene's; they were all in Mr. Keene's bags—the greater portion of the sacks had been delivered at the barracks before I found this sack.
JOHN MURPHY . I work for Thomas Reeves, a lighterman of Horsleydown. On 1st November I went from Horsleydown to Charlton-wharf in Mr. Keene's barge, laden with oats—the prisoner had charge of her—I went on board again about 1 o'clock, and the cargo was then discharged—I did not look in her hold till the next morning.
Cross-examined. Q. Are you accustomed to the trade? A. Yes; I have received corn from the vessels that brought it; it sometimes comes in bulk and sometimes in sacks—sacks may sometimes differ two or three, or even five pounds in weight—we got down to Woolwich just upon 1 o'clock on Monday—it was 1 o'clock in the night when I went to the barge again; the prisoner had then been taken away.
COURT. Q. Did all the sacks belong to Mr. Keene? A. Yes; there was no distinction between this sack and the rest—the oats did not come over from Sweden in these sacks; they were in bulk.
The prisoner received a good character.— NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
HENRY WHITE . I am in the service of William Ingleby, of Blue Style House, Greenwich—it is an academy—I have been there three months. On Thursday night, 18th November, at 7 o'clock, I took these finger-plates off the drawing-room door, and these three pieces of brass for the key-holes from the dining-room door—nobody gave me leave to do so—after I had stolen them I took them to the prisoner's the same night—he keeps a marine-store shop at the top of Rose-street—I put them in the scale and said nothing—he did not ask me any questions, but gave me 2 1/2 d. for them,
and put them on the metal bank, where there was some more metal—nothing at all was said—I knew him before—I used to take grease there for the servants—the metal bank was behind the counter—no one gave me leave to sell them—I took them and stole them—these (Some key-hole covers) were with them.
COURT. Q. Are they now in the same state as when you took them? A. No; they have been on the fire; they were bright when I took them to him.
Cross-examined by MR. HORRY. Q. What is your age? A. I was eleven last May—I have been in a situation before, at Mr. Marshall's, the ironmonger of London-street, Greenwich—I was with him six months—I was with another person before that—I left Mr. Marshall because I wanted a better place—the next place I went to was Mrs. Knightley's—she was in the same place as Mr. Ingleby was—he took the house of her with me in it—I was three months with her and three months with Mr. Ingleby—Mr. Marshall did not give me notice; I gave him notice, as I had got a place ready to go to, Mrs. Knightley's—I had made an engagement with her while I was in Mr. Marshall's service—I told Mr. Marshall that—I had to do all the house work at Mr. Ingleby's—I had nothing to do in the school—there was only one other servant—we have not had more than one servant there—I mentioned to Mr. Ingleby next morning that I had done this—he was making enquiries about the plates, and asked me about them—he enquired of the other servant as well in my presence—she said that she knew nothing about them; and then he asked me—he had said that he had sent for a policeman before I told him—he said, "You had better tell the truth, I have sent for a policeman"—he charged me with doing it; he said, "You have done it"—when I told him that I had taken them, the policeman had just come—that was not the officer in this case but another one—I was alone when Mr. Ingleby said, "You had better tell the truth"—he then asked me where I took them—the policeman was not present then, but I knew that he was in the next room—he was not within hearing—Mr. Ingleby told me that if I told him the truth he would not give me into custody—he went into the next room where the policeman was—I have never been charged with anything of this sort before—the servant used to give me grease and bones once a week to take and sell, and I have also taken doctor's bottles, but only once or twice—the servant did not tell me to do that, it was Miss Ingleby—the servant has never told me to take anything but grease and bones—I have not taken anything else—I have not been to some other shop selling things, I am quite sure of that—I went first of all for Mr. Marshall's cook; it was always with grease and bones—among the number of times I have gone to the prisoner's, I have seen his wife oftener than I have seen him, and she has bought the grease and bones—I mostly saw Mrs. Parker—I had been with grease and bones on the Wednesday night before this, and saw Mrs. Parker then—I have not been in company with any boys in the streets lately; I am never out—I did not go twice with these things, I took them all at once—it was not Mrs. Parker that I saw, it was the man himself—there was no woman in the shop; there was the man and a little girl.
MR. LANGFORD. Q. Was the girl as old as you? A. No, younger—about six, to the best of my knowledge.
LORRAINE GEDDES . I am a pupil at Mr. Ingleby's, Blue Style House. I have lived there six months with Mr. Ingleby, and three years and six months with a former tutor—I have seen these finger-plates on the drawing-room
door, and have not the slightest doubt of them—I last saw them safe on the Thursday afternoon that they were taken off; they were missed on the Friday morning—they are Mr. Ingleby's—he is not here, he is not able to leave the house in consequence of illness.
JAMES WESTBROOK (Policeman, R 114). On Friday afternoon, 19th November, at half-past 2 o'clock, I went by Mr. Ingleby's direction to the prisoner's shop, 1, Strait's-mouth, Greenwich—he is a marine-store dealer—I found him in the shop, and asked him if he had bought any brass of any description yesterday—he said, "No"—I pointed to his shop door, and said, "Some brasses that fit on the doors; I believe they were brought about the evening part of the day"—he said, "I do not remember it"—I did not tell him who I supposed had brought them—I said, "Is your book in the shop?"—he said, "Yes"—I said, "Is there any entry of it?"—he looked, and said, "No;" and I looked, and there was none—I told him that I must take him in custody, and take him to Mr. Ingleby's house—he said again, "I do not remember buying them"—we then went to Mr. Ingleby's, and I took him into the presence of the boy White, and said, "Is this the man you say you sold them to?"—he said, "Yes;" and the prisoner said, "I do not recollect you; I do not remember buying them; if we had given it a thought I might as well have looked into the metal bag"—after he was taken to the station I went and searched his shop—I got the metal bag out; his wife directed me to it, but I could not find the plates, and commenced searching round the counter—the wife seemed rather excited, and went down stairs and brought these plates up in a wooden box—they were so hot that I could not take them away till they were cool—these three escutcheons were in the shop—they were not hot—I took them to the school, and found that they fitted—I did not fit this broken one—I went back to the station, and showed them to Parker—he said, "I do not remember buying them, I have no recollection."
Cross-examined. Q. Did you find the escutcheons in a pan? A. Yes, under the counter—when I first spoke to the prisoner he said, "I do not remember buying them"—the boy was taken in custody, and taken to the police-court next morning, and let out—he was not locked up all night—next morning he was made a witness.
The prisoner's statement before the Magistrate was here read as follows:—"It is a foul charge—I did not buy them."
The Jury having been locked up from quarter past 3 in the afternoon to a quarter to 10 the next morning, without being able to agree, were then discharged without giving any verdict.
Before Mr. Common Sergeant.
EDWARD WOOLLETT . I am an oilman, and live at Deptford. I lost a clothes-line on 26th October—I saw it safe at my street door a short time before I lost it—I have had part of a clothes-line shown to me by the policeman—it is exactly the same sort of line as mine was; the same size and quality.
HARRIET KNIGHT . I am married, and live in Church-street. Deptford. On 26th October, about a quarter before 9 o'clock, I was close by the prosecutor's shop—I saw the prisoner stoop down and pick a line off a little box—she put it under her shawl, crossed the road, and went away—I went and told Mr. Woollett—I never saw the line afterwards.
Prisoner. I never saw the line.
Witness. I am sure she is the person.
JAMES KNIGHT . I bought part of a clothes-line. I believe it was on the evening of 26th October—I bought it of a female—I believe the prisoner at the bar was the person; I should not like to swear it—I took a small piece of it for my wife and hung the rest up—I afterwards
gave it to the policeman.
JAMES MARGETSON (Policeman, R 373). I received information, and took the prisoner on 27th October, at 1 o'clock—I told her the charge; she said she knew nothing about it—I received this line from Mr. Knight.
GUILTY .—She was further charged with having been before convicted.
WALTER BARRY (Police-inspector, R.) I produce a certificate of the prisoner's conviction (Read: "Greenwich, July, 1858; Maria Clark convicted of stealing 1 trowel. Confined ten weeks")—I was present—the prisoner is the same person.
GUILTY.— Confined Six Months.
MR. PLATT conducted the Prosecution.
JOHN AVIS . I am a private in the Woolwich division of Royal Marines. On 23d October last, about 1 o'clock in the morning, I was going home to my barracks, along High-street, Woolwich—I had had a little drop to drink, not much—I could stand and walk—I knew what I was about—I turned down Bell Water Gate-court, near there, to make water—there is an opening at the end of the court where you can go down to the river—you must come back the same way that you go in—when I had got there four men came up behind me—they must have gone into the court after me—I had seen them a short time before at the Coach and Horses, all the four of them—the prisoner is one of them—they asked whether I had got any money on me; and I said, "No, not for you"—upon that the men divided—the prisoner returned to the top of the court with one other—one of the other two then put his arm round my neck, at the back, and tried to throttle me—whilst he was doing that, the other man pulled a knife out—I saw it—he cut my right hand trousers pocket out with it—the pocket contained 6d. and a purse—the other two men who had gone to the top of the court were about twenty yards from me—they could see what was going on—they stood there watching—they appeared to be watching in case a policeman should come—I heard one of them call out, "Take his life, he is only a marine"—I cannot say whose voice that was—I knew the prisoner knocking about Woolwich that week—I knew nothing of the voice that called out—upon that being said I struggled and got away from them—as soon as I got away from them I called out, "Police," and then they ran after me—in the course of the struggle I had succeeded in getting away the pocket which the man cut and took—it was in his hand before I got it back again—I found blood coming down my shirt from the middle of the left breast—it was not near my trousers pocket—there was no wound where the pocket was cut—I had a cloth military jacket on—after they ran after me I went to the police-station—they were all coming after me to catch me again—they tried to catch me, but could not—they did not come all the way to the police-station—when I was at the police-station a few minutes afterwards a policeman brought in the prisoner—when I saw him come
in I said, "That is one of the men"—I am certain he is one of the four—I went to the hospital, and was there pretty nearly three weeks.
COURT. Q. Did you see what was the reason that the blood ran down? A. I looked and found that I had been stabbed through my coat, waistcoat, and shirt—it went about half-an-inch in my left breast—it was rather deep—I bled all the way up to the hospital—it was such a wound as a pen-knife would inflict—I was obliged to be under treatment for it—I was under treatment for it fifteen days—it was near the nipple of the left breast—I did not notice it when I was stabbed—I found it out afterwards—it was done after the man called out, "Take his life, he is only a marine"—I am sure of that—the others all escaped—I have not seen them since—I saw the man draw the knife out of his pocket, but I could not speak, because the man had his arm round my neck—the prisoner is not the man that drew the knife.
Prisoner. Q. Did I touch you or come close to you? A. Yes; you came close to me at first with the four.
THOMAS DAVID HEARD . I am a hair-dresser, and live at 53, Powis-street, Woolwich. On Saturday morning, 23d October, about 1 o'clock, I was passing through Hare-street, in Woolwich—I saw a soldier passing up Hare-street, running as fast as he could—there were three or four persons who appeared to be following him—I cannot say positively—I recollect the prisoner as one of them—he was following last—I went then in the same direction as I was when I saw the soldier, towards High-street—at the time, I took no notice of what I had seen—I walked towards High-street, and two or three minutes afterwards came back and saw the prisoner in the hands of the policeman—I am sure he is one of the men who were running after the prosecutor—the prosecutor was rather tipsy, but he could run very fast; when I saw the prosecutor, the blood was flowing very fast—his coat was open and his breast exposed—it was a light-coloured coat, a sort of white—I could see the blood distinctly flowing down.
WILLIAM WILKINSON (Policeman, R 237). About 1 o'clock on the morning of October 23d, I was on duty in High-street—from some information I went up Richard-street towards Powis-street—as I went I met the prisoner running towards me—I am sure he is the man—I asked him what he was running for—he said, "I am running away from a row with some soldiers; I want to get out of it"—I took him back to the station—the prosecutor was there—he said, "That is one of the four men, that robbed me and stabbed me"—that was the moment he saw him, without the least hesitation—the prisoner said, "I was not there at all"—he said he lived at East Ham—I searched him and found only a penknife and a pawn-ticket—the prosecutor gave me a pocket which he said had been cut from his jacket, and a purse, and a sixpence—they are here (produced)—I have examined the pocket—it looks as if it had been forcibly taken from him and had been cut but not by a very sharp knife—the divisional surgeon examined the prosecutor—I saw a cut on his left breast, just below the left nipple—it was bleeding then profusely—there is a hole in each of these two shirts (produced) and they correspond.
The prisoner's statement before the Magistrate was here read as follows:—"I was not the man that stabbed him or who went near to him."
Prisoner's Defence. I went down the court to see what was the matter and I came to the top of the court again and then I went down the street,
and when I saw there was a row, I ran away because I did not want to have anything to do with it—I met the constable, who asked me what I was running for—I said, I was running from a row because I did not want to get in it—he said, "Will you come with me to the police-station?" I said, "Yes"—that is all I know about it.
GUILTY .— Death Recorded.
69. JOSEPH DRAKE (34)(a marine,) RICHARD EVANS (32), and RICHARD BROWN (19) , Robbery with violence upon Joseph Hisiger, and stealing from his person 1 book, value 2s., and 5l. 15s. in money, his property.
MR. SALTER conducted the Prosecution.
JOSEPH HISIGER (through an interpreter.) I live at 35, Francis-street, Woolwich—last Sunday evening I was at the King's Arms, Woolwich, in company with Mr. Taylor—my wife and my brother's son were also with me, and my brother's wife—we took tea there—I drank a glass of grog—at half-past 10 we went to another public-house—I do not know the name of it—I had two glasses of grog there, and then a glass was broken on the table by a woman, and as she had no money to pay for it she said to the interpreter Fisk, "You must pay for it"—I paid for the glass, and left the house about 11 o'clock—when I got into the street, Fisk the interpreter disappeared from me—several persons came round me, and among them Drake and Brown—Brown took me by the throat, jumped at me, and I seized him by the throat—there were several others who attacked me but I could not find them—I received a blow on my head first with a stick, and fell—it was then that Brown jumped at me—it was a marine who struck me—he is not here—while I was lying on the ground they all attacked me—Drake put his hand inside my coat and I lost my pocket-book containing documents and letters from government, certificates from the hospitals of Paris, and other letters and correspondence—the pocket-book was in my inside pocket, which was torn as you now see in the struggle, because I could not defend myself—while I was on the ground the marine was feeling in my pockets, and the others continued giving me blows—I should not know the others if I saw them—I saw all three of the prisoners there—I endeavoured to get away—the marine ran away, and I do not know where he went to—after he came back they all pushed on me, and I said, "I want to go into the house to get some help," and I told Drake that he ought to give me my pocket-book or else I would call a policeman—I said that while the other men were holding me by the collar—I said it in French because I cannot speak English well—it was Evans that held me by the collar, because I wanted to get into a house for help—besides the papers my pocket-book had in it an English 5l. note which I had received in the morning—I have not seen any of my property since—when I paid for the glass in the public-house I took out my pocket-book as I had my money in it, and they saw it.
Cross-examined by MR. AUSTIN. Q. What is your employment? A. Experimenting upon horses for the British government at Woolwich—I have been employed in that way two months and a half—I am single—it is about twenty minutes' walk from one public-house to the other—I drank a glass of gin and water at the King's Arms, and two glasses of gin at the last public-house—twenty glasses could not make me drunk, much less two—I was sober just as I am now—I have drunk about two glasses of gin this morning over the way—that is my first thing of a morning—I did not take anything on the morning of the day this occurred, because I was in the infirmary where I attend the horses—it
takes about half-an-hour to go from this public-house to the infirmary—there were no loose women in the public-house when I went in, and I did not notice that any came in while I was there—a woman did not go in there with me—there were some women on one side—the public-house was full of women—I paid for the glass that the woman broke, because I saw myself surrounded in a moment by a crowd of people, and I did not know what to do—I did not know that woman—she did not go into the public-house with me—I went in by myself with my interpreter—I did not go with that woman afterwards to her house—I followed the interpreter to get a key from him and the woman followed me—I first saw Evans in the street about ten or twelve steps from the public-house—he was in company with all the others, and they all came on me together—the marine ran away, but Evans did not—he walked with me and was always giving me blows—I certainly struck him back again—I did not strike him first—I received two blows for every one I gave—Brown was at the corridor—I did not know Evans when he struck me—I do not know how many blows I struck him, but too many—I and Evans were together at least half-an-hour after I came out of the public-house—when I left the public-house, I did not go into a house—I was in a passage wanting to get a key from the interpreter—I believe it was the passage of a brothel, but I had no woman there—there were women there standing in the passage—I had not time to count them—I was in the passage about a minute and a half, and during the rest of the half hour I was in the street—on my oath I was not drunk.
Brown. Q. Did you see me strike you? A. I cannot say that you struck me, but you got hold of me in this way.
JOHN MULLINS . I am in the military train at Woolwich—last Sunday week I was at the Crown Masons' Arms, at Woolwich, at a few minutes past 11 o'clock, in the tap room—some civilians were present—the prosecutor came in with his interpreter, who is a soldier, and they had some drink—there were some females in the room at that time, and the interpreter invited one of them to have a glass and he asked me also—the girl that was speaking to him broke a glass, and asked him if he would pay for it—he said he had not money to pay for it—I saw the two civilian prisoners there—the room was not half the size of this Court—everybody could hear what was said—the glass was not paid for at that time—I saw the interpreter speak to the prosecutor, but, previous to that, the prosecutor pulled out his pocket-book to pay for the drink he had had—Evans and Brown were there then, and had the same opportunity of seeing him that I had—I saw the interpreter and the prosecutor leave the house—I went with them, us three, and a young woman—we went to a private house, two doors higher up, a brothel—we went in and remained there five or ten minutes in a back room on the ground floor all together, when Brown came in with his coat partly off—he began to abuse the Frenchman, who laid hold of him, and pushed him into the passage—I took the candle and went into the passage, and then the door of the room was locked behind me—a scuffle commenced between the Frenchman and Brown, and in a short time Evans came in, but I could not see whether he came from the street or from one of the rooms—I saw a marine in the passage—that passage goes to the street, and at the other end the door was closed behind me—I was at the far end of the passage from the street—there is not a room on each side of the passage—there is one front room and a back room—the marine who came in was Drake—the Frenchman was knocked down, I could not see by whom—several were engaged in the struggle whom I could not name; but I saw the three
prisoners all struggling with him—I cannot say that they were assaulting him—he was on the ground—he got up, put his hand to his breast, and pulled out his pocket-book to see that it was all right, as I understand, and then put the book into his breast, and when he got half way down the passage the men attacked him again—the three prisoners were there all the time—he was knocked down a second time, and when he got up he pointed to his breast and made signs to me that his book was gone—he called out something and pointed to his breast—the three prisoners were then at the end of the passage—I missed the marine for five or ten minutes—Brown and Evans got into the street, and then the Frenchman rushed at Drake, took him by the neck, and said that he was the man that had his pocket-book—he called "Police," and whistled as loud as he could—he let Drake go before the police came up, but did not let him go away—he gave him in charge at some distance from there, nearly opposite the George and Dragon—Drake said that he was willing to be searched, he had not got the pocket-book—I cannot tell by whom the door was locked—the interpreter was locked inside the room—I was sober.
Cross-examined. Q. How long have you known the prosecutor? A. Three or four months—he is a veterinary surgeon—there were from sixteen to twenty people in the public-house—it was very quiet when he came, but there were afterwards some few words about a dog which he had with him—those words did not lead to a quarrel or a fight—he had about two glasses of spirits, and I had one—the women had one or two glasses—it was the woman who was with the interpreter that broke the glass—she did not come in with him—she was in before him—he knew her—she lives at the brothel close by—she is the one who went there with him—I did not see any of the women searched—it was the same woman that was locked into the room with Fisk—she went through the passage into the room—she was in the passage during the time that it took her to walk along it—I was in the passage about twenty mimutes after the struggle commenced—the Frenchman was there all that time—I was there more than half-an-hour altogether—there were other women in the house; there was one standing at the front room door, but she did not interfere—the Frenchman was a little angry about the dog from what I could understand, but I do not understand French at all—I cannot say who struck the first blow in the passage or who the Frenchman was knocked down by—I had a light in my hand and was three or four yards from them—I had not my back to them—I swear deliberately that I could not see who struck the first blow—the Frenchman struck with his fists—he did not kick that I saw—he had nothing in his hands that I saw—he did not stand up and let himself be thrashed—I did not help him as regards fighting—I held the candle to see that there was nothing done more than really was done—if I had not held the candle very likely it would have been worse—it was after he had been knocked down that he pulled out his pocket-book—the prisoners were all in the passage then—they all went out in the street in fifteen or twenty minutes after the struggle commenced—it lasted nearly fifteen minutes to the best of my knowledge—the passage is about four feet wide and twenty feet long—there is a front door and two side doors, I think—I have not been into the house before—it was not the woman who broke the glass that came into the passage—she was locked in the room with Fisk—Evans did not run away when the Frenchman called "Police"—he stayed with him until we got nearly opposite the George and Dragon; and when the policeman came up the Frenchman gave Drake into custody, but not Evans.
COURT. Q. Was Evans there then? A. I did not see him—he had been about twenty minutes with the Frenchman—he did not run away—the Frenchman did not hold him.
Drake. I was not in the passage. Witness. I saw you inside the door.
Brown. Q. What time did you see me in the house? A. At 11, or a few minutes after, in the Crown Masons' Arms.
Brown. The house was shut up at 11, it was Sunday night.
THOMAS FISK . I am a private in the military train at Woolwich, 3d battalion. I was with the prosecutor on Sunday week—he is a veterinary surgeon, but not attached to the train—he has been living at Woolwich some time, and I have been acting as interpreter to him for the last three months—he is trying experiments upon glandered horses—we went to the Crown Masons' Arms on this night between 11 and 12 o'clock—we went into the taproom—no one accompanied us when we entered—a sergeant of the train was there and two civilians—I saw Brown sitting on the right of the door as we entered, and Evans standing in the centre of the room—I stayed in the taproom upwards of twenty minutes, and went out with the prosecutor and a female, leaving Brown and Evans in the house—I went to a private house some two doors off, and into a room on the ground floor—while I was there Brown came in, and the sergeant was there, and the prosecutor and the female—Brown pulled off his coat and tried to fight the Frenchman, who had said or done nothing to him—the Frenchman put him into the passage, and the sergeant took a candle and showed him a light—I believe he was pushed out of the house—I and the female were locked in the room for twenty minutes, and I heard a scuffling outside—the Frenchman called out my name, and said, "I am being robbed"—he called out to me in French, and said that they were trying to take his pocket-book from him.
Cross-examined. Q. Have you been the prosecutor's interpreter for some time? A. Yes—I am a friend of his—he can take a glass—he does not take it early in the morning that I am aware of—there were ten or fifteen people in the public-house when he went in—his dog was sitting on a female's lap, and Brown was sitting on the right of the female, as you enter the taproom—he was holding an argument about the dog—I returned to my seat; and the female accidentally knocked a glass over and broke it, and the Frenchman paid for it—he did not know the woman, but I knew her—she afterwards went into the brothel a few doors off, and the Frenchman and I with her—I got locked into the room with the very identical person who broke the glass, and was there till 12 o'clock the following day—I saw nothing that happened—they were upwards of twenty minutes in the passage—I did not try to break the door open; I knew it was ridiculous to do that—I did not examine it to see if it was strong—I could not have broken it open if I had heard a violent struggle—there was a window in the room, but it is not on the ground floor that I am aware of—I never attempted to look out—I heard no fall in the passage, only a scuffling and hallooing—when I heard the prosecutor call out, I said in French, "If you wish for me you must force the door open"—no attempt was made to force it open.
Brown. Q. What time did you see me in the public-house? A. Between 11 and 12.
JOHN LEARY . I am potman at the Crown—I was serving there on this Sunday, and saw the prosecutor come in—in the course of the night I heard a disturbance in the street—it appeared to be two doors above—it was then a few minutes after 11—I looked out, and saw Evans and Brown, whom I
knew as companions—they were shoving the prosecutor out at a door—when they got him outside they hustled him about in the street—there is a lamp-post close to the door.
Cross-examined. Q. Had you taken anything to drink that night? A. Yes; but I was sober—the window I was looking from was on the first floor, fourteen or fifteen feet high—the prosecutor was trying to get away—I did not see Drake—when the hustling was over I shut the window down and went to bed—there was a noise in the street some time after I went to bed.
Brown. Q. Did you see me in your public-house? A. I cannot say, but I did next morning—we shut the house up at a quarter or ten minutes to 11 on Sunday night—there was nobody in the house at ten minutes past 11—it was shut up entirely.
MR. SALTER. Q. Where had you been serving? A. Both up-stairs and down too—there were a good many people drinking that Sunday night.
FREDERICK DILKES (Police-sergeant, R 37). I took Brown about a quarter past 7 on the Tuesday evening, in the taproom at the tavern—Evans was with him—I called them both into the passage—I had assistance with me—the charge I made was, being concerned, with a marine then in custody, for assaulting and robbing a French gentleman on the Sunday evening—Brown said, "I can explain all that, I shall not be blamed for it"—Evans said, "Hold your noise and say nothing about it"—Evans was also taken.
RICHARD AUSTIN (Policeman, R 439). On Sunday night, 14th November, I was on duty in High-street, Woolwich, and heard cries of "Police" about half-past 12 o'clock—I proceeded to the spot, and in the lower part of High-street, by the George and Dragon, I saw Drake and fifteen or twenty persons—the prosecutor said he wished to give Drake into custody for assaulting him and robbing him of his pocket-book and letters—Drake said that he was innocent; he saw the Frenchman in a difficulty, went across to assist him, and was given in custody—on the way to the station, he said, "I hope they will not take the few shillings I have from me"—I said, "What money have you?"—he said, "5s."—I searched him at the station, and found 5s. 2d. but no pocket-book—I know the brothel two doors from the Crown Masons' Tavern—that is three minutes' walk from where I took Drake, in the same street.
COURT to JOHN MULLINS. Q. You say that at a particular time Drake went away? A. Yes—I spoke of the prosecutor being knocked down twice—it was before that that he looked at his pocket-book and returned it to his pocket, and after that he made signs that he had lost it—Drake went away before the prosecutor made those signs—I am sure of that.
The Court considered that there was no case against Drake.
Brown's Defence. I was drinking with him, and asked him to take a walk with me; I came to this house where the soldiers were, and directly I entered the room the Frenchman asked me what I wanted. I said that I had as much right there as he had; he caught me by my neck in the passage, and I took off my coat to fight him; we struggled in the passage a little while, and then went into the street. I was going home with my friend, and saw the soldiers fighting him; next day I went to see this young woman, as the landlady said she was going to turn her out. I saw the Frenchman there, with the sergeant outside, and he never offered to give me in charge. On the Tuesday morning I said that I would tell the policeman all I knew,
and that is what I was going to tell him. I was never in the public-house, and the potman says that he shut up the house at ten minutes to 11.
Evans received a good character.
GUILTY of Assault with intent to rob.— Confined Six Months each.
DRAKE— NOT GUILTY .
Before Mr. Baron Bramwell.
MESSRS. BODKIN and CLERK conducted the Prosecution.
WILLIAM JAMES BUDD . I am an inspector of the R division of police, and am attached to Woolwich Dockyard—the prisoner was, before 1854, employed as an armourer in the dockyard—he was an old soldier belonging to the sappers and miners—I believe he had, in 1854, a pension from Chelsea Hospital—we understood him to be a pensioner from the sappers and miners—in 1854 there was a charge of felony against him, for stealing something in the dockyard—I apprehended him on that charge—I did not search the different workmen as they left the dockyard, at that time—I had previously done so, but in this case I called one of the constables to do it, and he searched the prisoner, and did not find anything—he was tried upon a charge of stealing copper from the dockyard—I was a witness in the case—he was tried in this court—he has not been employed in the dockyard since that—he was in prison four months after the conviction—after the expiration of his sentence, I used occasionally to see him in the street—he never passed me without my seeing his lips moving, muttering something, and on one occasion I heard him say "Villain" as he passed me—he made an application against me at the police-court, after his conviction—I know he did so on one occasion—on 6th October, I left the dockyard soon after 4 in the afternoon—I went to a Mr. Butler's shop to get some change—while in the shop, I saw the prisoner pass outside—I endeavoured to ascertain whether he had seen me in the shop, but I could not detect that he had seen me—I went from that shop to another—when I left the second shop, I was returning to the dockyard, having got what I wanted—that was the next shop but one, I think, to Coleman-street—I was crossing the end of Coleman-street, and I saw him coming down—he was about twenty yards from me, and he hastened his distance and made it about five—I proceeded towards the dockyard, apprehensive of some violence from him, and I kept looking into the shops on my left hand, but my object was to see him, to see that he did not shorten the distance between us—he was about four or five paces from me, till we came to a shop where there was a waggon—I crossed the road, taking the wall of the dockyard, and I then lost sight of him—I thought he went into the Black Eagle—the waggon was between him and me—I then hurried on to the dockyard-gate—just before I got to the gate I heard a footstep; I turned my face and saw the prisoner coming up behind me—he was close to me, when I turned to my left—he had a pistol in his hand, and it touched my nose—I drew about three or four inches back from him, and he fired, and the ball lodged in my cheek—I could hardly see how he was holding the pistol before he fired, but I rather think it was in his left hand, I am not positive—I do not recollect that he said anything before
he fired—the ball lodged in my cheek—it did not go through my face—I did not fall—I was dropping down, but the thought occurred to me that he would get away—he was running away—I called after him and pursued him—a person came up to my assistance, and secured him—I believe a man named Flint picked up the pistol—I saw him stoop and pick up something; and he said, "Here it is, he has thrown it away"—a surgeon came at once and extracted the ball.
Prisoner. Q. Did you see me follow you to the dockyard? A. I saw you follow as far as the Black Eagle—I did not see you after that, until I saw you at my elbow, when you fired—I did not see you at all at the Black Eagle—you took the inside of the waggon, and I did not see you afterwards till you were at my elbow—I saw you frequently at other times—I never saw you but what I apprehended violence from you, from your own manner, and from what I had heard from other persons—I never saw you pass me without seeing you muttering—I was present when you made an application to Mr. Traill for a summons—I am aware of the evidence I have given against you on the first examination before Mr. Traill, and on the second—they both agreed.
GEORGE FLINT . I am a labouring man, and live at Woolwich—on the day this happened, I was at a public-house called the Sheer Hulk—I heard the report of a pistol—upon that I went out—I saw the pistol thrown down—I saw Mr. Budd there, and I picked up the pistol and gave it to him—the prisoner was then being arrested—two or three policemen secured him—he was about ten yards away from the pistol then.
THOMAS RYAN (Policeman, R 32). I was on duty near the dockyard on 6th October—I heard the report of the pistol—I went out into the road—I saw the prisoner—he was then endeavouring to cock a loaded pistol, which he held in his right hand—I could not see where he took the pistol from—he was trying to cock it at the time—I rushed up and seized the pistol and his hand in my right hand—I had a struggle with him for the pistol, and with the assistance of another constable threw him down and got the pistol away—he held it very tight—I examined the charge afterwards—it was loaded—the charge was drawn at the police-court, by order of the magistrate—there was a full charge in it, the pistol that was not discharged, unscrewed in the usual way—there was a cap on it—I have the pistol here (produced.)
COURT. Q. Do you mean that it had a full charge of powder and ball? A. Powder and ball—this is the one that was not discharged, and this is the one that was discharged.
MR. CLERK. Q. Have you since tried to unscrew that barrel? A. I have—I could not unscrew it.
GEORGE PARDOE COOK . I am an assistant-surgeon in the navy—I was called to see Mr. Budd—I found, upon examination, that he had received a wound upon the left cheek, and in that wound was imbedded a bullet, which I extracted, and afterwards dressed the wound, and left him in charge of the divisional surgeon—it was about an inch below the eye—the ball rested on the cheek-bone, and was indented by it—I easily extracted it, being so near the surface—he was not under my care more than five or ten minutes—I left him in charge of the divisional surgeon, after dressing the wound—I have not got the bullet—it was given in charge of the sergeant—(produced) I believe that to be the bullet that I extracted, I tried it to the pistol, it would go in, and it was loose in the barrel.
COURT. Q. Is that bullet indented? A. It is apparently by the cheekbone—had
it struck higher, undoubtedly life would have been sacrificed—if it had gone into the eye, it would in all probability have entered the brain.
EDWARD GAZE . I am a gun and pistol maker at Woolwich—I know the prisoner—on 2d October he came into my shop—he had then two small pistols with him; one I unscrewed, the other I could not—such pistols as these are loaded by unscrewing the barrel, and placing the powder and laying the ball on the top, and screwing the barrel on again—the ball produced is too small for the barrel of this pistol—the powder would escape if the ball was not perfectly round to fill the cylinder of the barrel—if the ball is not perfectly round to fit the cylinder of the barrel the powder is liable to escape between—this ball is not perfectly round.
JAMES CANAVAN . I am a messenger in the dockyard, at Woolwich—I do not remember the prisoner's trial for larceny—I remember his being charged—after that I lost sight of him for a considerable time—I saw him again between 24th March and 11th April, 1857—I met him accidently on the road, a little way below the Royal Arsenal gates—I had a little conversation with him—I asked him if he had been doing anything, that is to say if he was in work—he said, "No"—I asked him if he had had his pension—he said he had, three-fifths of it—I think it was two-fifths or three-fifths that he said he had of it, and he had a gentleman in Woolwich endeavouring to get the remainder for him, but the government had referred to Mr. Budd for a character, and he had given him a very bad character—I believe the words he made use of were, "he has given me such an awful character;" and I think he said he was writing to Lord Hardinge, endeavouring to get the remainder of his pension, and if he did not succeed, he would blow Mr. Budd's brains out—"the perjured scoundrel's brains," I think were the words he made use of—I said it would be very poor revenge, as he would be sure to forfeit his own life if he did so—he said he did not care a pinch of snuff about that, and he snapped his fingers—I communicated the substance of the conversation to Mr. Budd.
JOHN WILLIAMS . I am an eating-house keeper in Cross-street, Woolwich—I know the prisoner—he lodged in my house this year, from the beginning of September, until 5th October, when he was taken into custody—I remember on 2d October, the Saturday before he was taken into custody, his asking me to be allowed to discharge some pistols in my yard—he did discharge them—after he had fired off the pistols I went to the door, and saw him with the pistols in his hand, and I said I thought he had a gun to have made such a report—he said, "No," it was only a small pair of pistols, that he had them to repair, they belonged to a man in the arsenal, he was just testing them, and he said they did very well, they were d—d fine—about a fortnight before thatoccasion about the middle of September, I was at work in my yard, and he came and complained to me how badly he had been treated by Mr. Budd, and he was very badly off, and he had petitioned the government at several different times and could get no relief, and he did not know what to do, and stating it was through Mr. Budd; and he then referred to several papers he had received, which he showed me, answers he had got from several quarters.
Prisoner's Defence. I endured very severe hardship and privation four years, after making application to the magistrate to bring Mr. Budd forwards for the perjury he has committed—Mr. Traill is perfectly aware of it, but he would not grant me a summons—I petitioned to several of the authorities for redress with no effect—I petitioned the commissioners of Chelsea Hospital,
and received an answer six or seven weeks afterwards, stating that they could not reinstate my name on the pension list—I immediately wrote back stating the perjury that was committed against me, and the advantage that was taken of me, for I was decidedly not guilty—I got a letter directly afterwards stating that they had again taken my case into consideration, and would reinstate my name on the list at the reduced rate of 9d. a day, instead of 1s. 3d. as formerly—this was rather sentence of death by a slow process, for I could not live on 9d. a day, and I had no means of getting employment, being branded as a felon, and an outcast from all respectable society—I made application everywhere I possibly could—I wrote to the Secretary of State, who very kindly answered, saying he could not interfere—I then wrote to the Commissioners of Police, stating the perjury made use of, which I could prove—I got an answer stating it was not their duty to try the matter, if I had any ground for my allegation, I could bring him before a magistrate—I again applied to a magistrate, and he told me it was a case for a higher court than he presided over, and he would not grant me a summons—I had not the means of bringing it into a higher court, and did not know what to do—I was labouring under a mania, a madness—I was not myself, and was scarcely accountable for my actions in any case—I throw myself entirely on your mercy—I hope you will take my case into consideration; at the same time I hope the time has arrived when there will be an enquiry into the perjury that Inspector Budd has made use of against me, and which has led to my present very unenviable situation.
GUILTY on the First Count.— Death Recorded.
Before Mr. Common Sergeant.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Six Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
GEORGE DEAN . I am a coach painter, I work in the neighbourhood of the Borough-road, Newington. On 7th November I had been walking during the evening with a female—I left her about half-past 12 o'clock in Whitechapel—I then walked back again—I got just by Short-street, near the Elephant and Castle—after passing the street a man came behind me—it was before I had got far a man came behind me and caught me round the
throat and pulled me backwards, and then two men came in front of me and took my watch and chain and my purse—when I was laid hold of by the throat it was with two hands—my throat was so pressed that I could not call out at all—I was not pulled quite on the ground, the man had his knee in my back—I had had my watch and chain a minute before—the prisoner was one of the men in front of me—I can't say whether he took my watch, I don't know which of the two it was that took it—I felt the chain go, and felt the tug in one of the button-holes of my waistcoat—after they were taken the man behind knocked me down on the pavement, and all the men ran away—the man struck me, but not to hurt me much—I got up and ran after the men as fast as I could—I saw them run round Short-street—I saw that when they got to the end of Short-street they turned towards the New Kent-road—I don't know much about that neighbourhood—out of Short-street, they turned to the left, I did not see them any more—the direction they were running in would lead them to the New Kent-road—they turned towards the Elephant and Castle—I know the Rockingham Arms which is opposite the Elephant and Castle—I went across the New Kent-road and saw the prisoner in custody of a policeman at the corner of Poplar-row, which is the first turning leading out of the New Kent-road—I followed them up in the direction they went, and in a very few minutes after I lost sight of them I found the prisoner in custody—I ran all the way—I lost my watch and chain and a purse containing a sovereign and 5s., which was safe in my pocket half-an-hour before—I had not been in any company nor spoken to anybody—the prisoner is one of the men who stood in front of me, I know him by the scarf he had round his neck, and by his size—it was dark at the time—I could not see his face—when I saw the prisoner in custody he had the scarf on his neck which I identified at the time.
COURT. Q. Did you cry out? A. Yes—I cried "Stop thief," after I got up, as I was running along—I saw the three men all running in one direction.
THOMAS WARNER (Policeman, M 99). I was on duty in Newington-causeway on 7th November, about half-past 1 o'clock in the morning, nearly opposite the Elephant and Castle, and heard a cry of "Stop thief"—I looked down the Newington-road and saw the prisoner run through Cross-street, which is the first street at the back of the Elephant and Castle—he was on the left-hand side and running—he came out into the Walworth-road and crossed the New Kent-road into Poplar-row—that is twenty or thirty yards from the Elephant and Castle—I ran after him and apprehended him in Poplar-row—the prosecutor identified him as one of the two men who had taken his watch and Albert—the prisoner did not say a word—he was quite out of breath, he could not speak—he had this handkerchief or scarf round his neck and mouth—nothing was said respecting that that I am aware of—I did not lose sight of the prisoner after he came out of Cross-street—he was the only man that was in the road.
COURT. Q. Do you know Short-street? A. It is below Cross-street, which is the first street next to the Elephant and Castle—I searched the prisoner but found nothing on him.
NOT GUILTY .
PLEADED GUILTY .— Three Years' Penal Servitude.
Before Mr. Justice Hill.
76. ANTOINE AIME HUGON (26) and HUGON REVERDY (46), were indicted (together with Henride Boisserolle, not in custody) for unlawfully making 2 dies with the intent of counterfeiting certain coins of the Sultan of Turkey, called piastres.
MR. SERGEANT and MR. POLAND conducted the Prosecution.
DAVID DAVIS . I am an engineer and machinist, and live in Collingwood-street, Blackfriars-road. Towards the latter end of July, Aime and Boisserolle called at my premises—Aime asked me if I could make a coining press—I told him, "Yes"—he said, "A coining press to coin money"—he shewed me a copper coin, and inquired if I could make a press of sufficient power to make that coin, and the number that the press would make per minute—I told him, with sufficient men, it would make about sixty of those coins per minute; and I showed him the wooden model of that which is used for the Mint, to show him the size of it—I told him the price would be 300l.—he offered me 250l.—I said, "No; I would not take that"—there was no agreement made at that time—they offered me then 100l., and 175l. in bills—I said if the bills were good, and upon good persons in the City, I would take them—it was Aime who spoke to me—the copper coin they showed me was about the size of a penny piece—it was similar to this one (produced)—they went away, and I made some inquiries—in about two days, Aime and Boisserolle called at my house again, and I stated to them at once that I had considered the matter, and I should not take any bills whatever—Boisserolle was very indignant—he marched about the place, and said he would have nothing to do with me; but when he was going down the stairs, he said, "Well, never mind; bring your agreement over to-morrow morning to 8, Chapel-place"—I agreed to draw up an agreements, and when they had left, I prepared this agreement—my daughter wrote it—I took it to 8, Chapel-place—I should imagine that was about 30th July—I then saw both the prisoners and Boisserolle—that was the first time I had seen Reverdy—I produced the agreement, and Boisserolle signed it in the presence of the others—Boisserolle did not speak English—the 100l. was brought to me in Collingwood-street, the same afternoon, by Aime—he paid me the money, and took a receipt—he called again in a few days, to see how I got on—during the whole six or seven weeks that I was at work at the press, he called to see how I was going on—he called by himself—he once had a man with him who was a stranger; that was all—soon after taking the order for the press, he said he should want a great quantity of dies—I prepared the blocks—I only do the smith's work, and then they go to the engraver—I made sixteen altogether—Aime told me to give them to the die sinker—I gave three or four to Thomas, and the rest to Oester Zetzer—Aime desired me to give them to Thomas—Oester Zetzer brought back the dies with the representation of John the Baptist, and Thomas brought back the coining dies—after I had these dies back I saw Aime several times—he called on me, and I spoke to him—on one occasion I asked him if that was not the Turkish Sultan's signature that was on one of those engraved by Thomas—he said it was not, and he produced some gold coins to show the difference between that on the die and the gold coins that he had—I had not finished the press by 10th September, but I fixed it temporarily up in my place, with a view to show that my work was right before it went away—I told Aime why I had done it, and I told him I should want some pieces of copper to try it; I wanted him to get some
made—he said he could not do that, but he brought some copper, and I made a pair of catting-out tools—he sent me two pieces of copper from Messrs. Pecke, of Soho—it was very good copper, apparently; such copper as would make coins; I should say so by the look of it—I wanted to try the thickness of the copper, to see if my work was adjusted right—I did not try the machine at all; we had not got it finished—I afterwards communicated with the Turkish Ambassador—I gave the dies I received from Thomas and from Oester Zetzer to the officer.
Cross-examined by MR. ROBINSON. Q. How long have you been in business? A. About thirty years—I should think I have made more presses than any man in London—I have made coining presses for our own Mint here—I have not made coining presses for private persons or for other governments—the first persons I saw were Boisserolle and Aime—Boisserolle could not speak a word of English or understand it—everything I said to Aime, I suppose he translated to Boisserolle, and heard his reply, and communicated it to me—it was in July that they first came to me—I suppose it was about the middle of September when I gave information to the Turkish Ambassador—I had not seen the police before then—I had received the 100l. on the afternoon of the day that I took the memorandum—that was all I did receive—I had not received any communication with regard to the press before I went to the Turkish Ambassador—when the affair exploded at Birmingham with the Greek merchant, that induced me to go to the Turkish Ambassador immediately—that was in September—I did not keep the date, I should think not less than the 20th—I had been two months in communication with these persons, intending to carry out what they ordered—I never made any communication to the Ambassador or the police till that time—I promised to give Aime a commission when I signed the agreement—it is very likely I told him I would give him five per cent, commission on the orders he brought me—they went to the Mint to inquire for a press, and they sent them back to me—I think it was Aime went to the Mint, but I can't tell—I heard that they went to the Mint a day or two after they were there—it was in July they went to the Mint, before they gave me the order—they heard of my name at the Mint—I have left the pieces of copper at home—I was not told to bring them—the press is at my place—I know nothing about Turkish coins—I saw there was a difference when it was pointed out by Aime, but I could not understand it—this is a coin that was brought to me—I believe it is ail copper—the pieces vary in size and weight.
Cross-examined by MR. SLEIGH. Q. Have you ever made any dies of foreign coin? A. Yes—I only make the plain piece of metal; the die-sinkers take it away—I have made these pieces of steel to be engraved, knowing they were to be sent into foreign countries—I have not made them for private individuals—I made them in one instance for Mexican coins; I think we have for Peruvian coins, and the River Plate—I have not been instructed by the Mexican and Peruvian governments, but by persons engaged in the trade; die-sinkers, respectable persons, well known—I don't remember talking about the execution of this Mexican die to Aime; I never said a word about it, nor about the Peruvian; I will swear I never said a word about it—I keep a book—I never showed him a book with an account paid to me of 557l.—no such thing; no such transaction ever occurred—I did not show him my book of that; I have got no such entry—if you can name the book I can send for it in a few minutes—I indicated the size for the copper as nearly as I could—I told him it was necessary that
I should see the Sultan's signature, or the person who engraved the dies—that was before I had seen the Turkish Ambassador; it might be a few days before—it was not me that suggested anything about the Sultan's signature.
MR. SERJEANT PARRY. Q. How often did Aime call about for the press? A. I should say he called about twice a week.
OTTO THOMAS . I am a die-sinker, and live in Stamford-street—I received this letter from the prisoner Aime, ("Cambridge-street, Golden-square, 10th March, 1858. Mr. Otto Thomas,—Having heard of you by my friend Smith, I beg you to call on me to-morrow evening at half-past 7 o'clock, if possible.")—I, in consequence, went, and saw the prisoner Aime—he said he was recommended to me, and had to give me an order—he showed me some patterns of coins; some like this yermelik, and these piastres, and these small coins, paras—he showed me several of each—he showed me other coins, the same pattern, but different kinds—he asked me about the price of doing them—I did not believe it was money—I asked him if it was money—he said, "Yes, it is money; they require new dies for them"—I asked him what they wanted new ones for, and what was done with the others—he said they were broken up, and they required new ones—I took the patterns with me home, and he gave me the coins, about four or five pieces—I agreed to make them at 5l. a pair—I took the five pieces home—I did not sink any dies for them in March; I sunk the dies in July—I saw Aime at the end of June or the beginning of July; I met him in Holborn, at the George and Blue Boar, and he introduced me to Boisserolle as the agent for the Turkish government, to give orders in London—I gave them my direction, 89, Stamford-street, and Aime and Boisserolle called on me and looked at several patterns—they said there were one hundred dies to order, and they would give me the whole order—the first dies were 5l. a pair, if I had the whole hundred I said I would do them for 4l. 10s.—they gave me three patterns, the patterns of the coins here produced—I had given back the coins that were given me in March—these are the coins that Aime and Boisserolle gave me—I was ordered to prepare dies from those patterns—they said when I received the dies from Mr. Davis I was to begin—I received the dies from Mr. Davis, about twelve dies—I engraved six pair, which was twelve dies—I returned four of them to Mr. Davis; these are them—they are the obverse and reverse sides of a piastre—I afterwards prepared two pair of dies from each of the other two coins—I gave those eight and the coins which I had received to Whicher, the officer, about the middle of October—while I was engraving those dies, Aime and Boisserolle called on me—they saw the first dies, those which I gave to Mr. Davis, but they were not finished when they saw them—I saw the elder prisoner, Reverdy, in the beginning of July at 8, Chapel-place, Cavendish-square; there were Reverdy, Aime, and Boisserolle—I had not then begun to work on these dies—I never did execute the other dies—I never saw Reverdy about these dies.
Cross-examined by MR. AUSTIN. Q. Do you know anything of the nature of Turkish coins? A. No—I can't say whether they are circulated in Arabia and in other countries—at each of the interviews the prisoner Aime interpreted all that was said—Boisserolle understood no English—I spoke English, and what I said was translated by Aime.
ELIZABETH KENT . My husband carries on business in Old Compton-street, Soho; he sells sheet copper—I remember the prisoner Aime coming to our shop—he purchased some sheet copper; I don't know the quantity—he said it was for stamping medals, he said about the size of a penny-piece—I know nothing further.
SIDNEY SMITH . I am clerk to Mr. Thomas Smith—he is a merchant and factor at Wolverhampton, he deals very largely in copper—I recollect the prisoner Aime calling on me on 4th August at St. John's-square, Wolverhampton—he told me that Boisserolle and Reverdy were in the town and would call on me the next morning, and they wanted to buy copper and other things—the next morning Boisserolle and the two prisoners called; they wanted some samples of copper—Aime had left me instructions the night before to get a gauge, a pair of callipers, and a rule, which I got—callipers are for taking the diameter of any circular article—they wanted to see some samples of copper—we had not got them by us—they then said they wanted to see some cutting machines for cutting copper—they were taken to a place and shown some—they said they were the articles that they required, and they gave an order for two cutters for cutting copper—they then wanted, to see a portable steam-engine—they were taken and shown some, they did not decide then to buy—they also wanted one or two weighing machines; and they were if possible to be made to weigh English and Egyptian weights—that is, two sets of weights, if they could have been made—those cutters cut the copper with the greatest nicety—they cut it in sheets and in lengths—they are worked by hand—we had not the samples of copper to show them, and there was a suggestion made about going to Birmingham—I went to Birmingham with them and saw some copper—we called at one or two places before we could get the size they wanted, which was between 12 and 13 on the gauge—we eventually found that copper at Messrs. Vivians at Birmingham, and an order was given to me for Messrs. Vivians, for fifteen tons of copper—it was to be delivered in Liverpool to the care of H. Reverdy, the elder prisoner—Aime spoke English, Reverdy spoke very little English, Boisserolle did not speak English at all—Aime said Boisserolle was to pay for the copper, but how it was to be paid was to be settled with Mr. Smith—I saw Boisserolle give some money to Reverdy—I should think as much as 20l.—there were five tons of this copper delivered at Liverpool to the order of Mr. Reverdy—Aime said he thonght he should go to Egypt—I asked him what he wanted this quantity of copper for, and his reply was to make belts for the Turkish Army.
Cross-examined by MR. LEWIS. Q. Did you not understand Reverdy to be the agent of Boisserolle? A. I understood him to be so—I understood that these goods were to be sent to Liverpool for the purpose of shipment—Reverdy was present, he took no further part.
ADOLPHE OESTER ZETZER . I am a die sinker. On 27th July I received a message and went and saw the prisoner Aime—he took me to a house in Chapel-place; I there saw Boisserolle and Reverdy—Boisserolle spoke in French; he said they wanted medals—he showed me the coins here produced—when I saw them I said they were Turkish coins—he said it was no use to inquire what they were—he asked me if I could do it—I told him yes; and I gave him the price, but I said I had better take time to consider, and I was to give him an answer in a day or two—I met Aime on the next Monday morning, and he asked me if I could make the medals—I said yes, I would make them—he then said he did not want me to do it; he had given them to Thomas to make—he then asked me if I would make him a sketch of a medal, representing our Saviour being baptized by St. John in the river Jordan—I said I would—on 8th August, I saw Boisserolle and Aime—I received a note to go and take the sketch, but it was too large, and he gave me this coin as a size—this is a piastre—this die represents my sketch—these are the two dies of the intended medal.
Cross-examined by MR. ROBINSON. Q. Was all you did making a sketch? A. Yes—about the 2d August—I know Mr. Thomas—I knew from what Aime told me that he was doing these things—I saw Mr. Thomas afterwards—I did not inquire about it—I gave information about this on the Saturday when the prisoners were taken—the officer Whicher called on me—I was once at the police-court—I have not frequently come to Aime and asked him to give me orders—I never tried to persuade him to take it out of Otto Thomas' hand and to put it into mine.
HENRY CONQUEST . I am an engraver and die sinker, and live at 5, Wine-office court, Fleet-street. The prisoner Aime came to me about March or April last—he asked me to engrave some coins—he showed me some coins—one was a large whitish looking coin—there were four or five coins—there were no copper coins; they were all silver—I said I could not give him an answer then; if he would leave them a day or two I would give him an answer—he left them with me, and came again in a day or two afterwards—I declined doing them—I told him I was busy and would not undertake the order—he asked me if I would do one pair—I said no; I would not undertake them—I did not understand what the coins were.
JULIUS WOMERST . I am a brass-finisher and live in Vauxhall-road—I knew the prisoner Aime about four years ago; he then worked with me on the same bench as a brass finisher at a button maker's—he worked there about two years—presses are used for button making, but we never worked with a press—I lost sight of Aime for some time—I can't recollect for how long—I saw him again on 29th September at the Union Hotel—I was recommended to him by a friend of mine; I asked him to give me some work—he said he would do so—I asked him in what line—he would not tell me exactly what it was, but said I would see—I walked with him to Hungerford Pier—he gave me 5s., and told me to call on him again—I saw him the next day, and he said he should like to engage me to make medals—I asked him if the press was finished, and I went with him to Mr. Davis's, but I did not see the press—as we were going I asked him what wages he would give me, and he said it was all piece-work—he said at first he would give me day-work, and then he said piece-work—he said the press cost about 300l.; he said it was for striking the medals—I asked him who was to employ him—he said, "I am my own employer"—I said it was rather a curious case—he said he should make medals for the Turkish Government, and he had a contract with the Turkish Government for one of the jobs—he said I was to go to work at Liverpool; but I could not go, for I had not got the money—I was to go when the press was finished—I spoke to him about the contract; I said, "If it is a government job, you must have a contract; be kind enough to show me the contract"—he did not—I did not go to Liverpool.
Cross-examined by MR. ROBINSON. Q. How long did you work with him? A. About two yetirs—I have ceased to work with him about three years—I always thought he was a respectable man—I first gave information of this when Mr. Whicher called on me; I forget the day—it was in the latter part of September I believe—I never saw Boisserolle to my knowledge.
Q. Did you ever see any other person to whom you were introduced by Aime, who said he was his employer? A. I once saw a stout man; I can't recollect whether Aime told me he was his employer—I will swear Aime told me it was a contract for the Turkish Government.
came to lodge there, and stayed a week, and left on the 2d August—while he was there the two prisoners came every day—Mr. Reverdy lived at 12 opposite.
Cross-examined by MR. ROBINSON. Q. Have you heard Boisserolle appear to give directions to Aime? A. Yes, I have.
THOMAS JAMES TARBOTT . I live at 15, Taylor-street, Great Warner-street, Liverpool—I know the two prisoners; in August last they called upon me—they hired a yard and a shed at 16, Taylor-street, for 15l. per year—this is the agreement; it was signed by Aime and myself, and witnessed by Reverdy—when the premises were taken, Aime told me it was to fix up a press; Reverdy was present at the time—Aime said the press was for stamping buckles for cross-belts—he showed me in a book the patterns of what he was going to do—I understood they were military belts—these are two receipts for the rent which I gave to Aime when he paid me the money—this is for the yard, and this other for the house—he had taken the house; he was to have that with the yard for 30l. a-year—I could not give them the house then; I was occupying it myself at first—there were three boxes of copper brought there—I don't know the weight of them.
JULIA GIVALL . I reside at 31, Russell-street, Liverpool. I know the prisoner Reverdy—he took a lodging of me on 9th August; he lodged with me about two months—I remember the officer Lockyer coming to me—I did not see him take any bag—I did not show him the rooms that Reverdy had, but some one did—he had a drawing-room and bed-room on the first floor.
JONATHAN WHICHER . I am inspector of the Metropolitan detective police. From information that I received I took Aime in custody on 2d October, at Agar-street in the Strand—I told him I was a police-officer, and apprehended him for causing to be made a coining press for the manufacture of Turkish coin—he said, "Oh"—I took him to Scotland-yard, and he being a foreigner, I repeated the charge to him, and asked him if he understood it—he said, "Yes, I understand you perfectly well"—I searched him, and took from him a pocket-book and some papers—I asked him his address; he said he lodged at the Union Hotel, Marylebone-street, Regent-street—he had a bed there—I immediately went there, and in a bed-room on the second floor I found a bag containing a large number of letters and papers, which I took to Scotland-yard and showed to Aime—he said they belonged to him—I have them here—I then said, "I understand you received 160l. from Mr. Nina on account of Mr. Boisserolle, have you any objection to tell me where that money is?"—he declined to tell me—I then returned to the hotel, and received from his landlady, Mrs. Adams, 147l.—I saw Aime afterwards, and I said, "It appears there is a person at Liverpool with whom you have communication, of the name of Reverdy, have you any objection to tell me his address?"—he said that he would rather not—I said, "I believe it is your father?" he said, "Yes, it is"—I received these dies and coins from Mr. Thomas, and these others from Mr. Davis.
HENRY LOCKYER (Police-sergeant.) I apprehended Reverdy at Wolverhampton, at the Swan Hotel—I told him I was an officer, and I apprehended him for being concerned, with another man, in having a press made for making Turkish coin—I took him to the police-station at Wolverhampton—I found on him this pocket-book and this key—I asked him what key this was; he said the key of his office at Liverpool—I then went to 57, Ranelegh-street, Liverpool—I opened an oifice there with this key, and found
this case, which contained twenty coins, I believe they are all Turkish coins—I found two bags containing about ninety coins, which I believe are all Turkish—I found this piece of sheet copper, which has circular marks on it—I found this gauge, and nine copper coins, and three plaster of Paris impressions of the river Jordan—I found a duplicate there, and I redeemed the things, they were seventeen coins, I believe Turkish coins—I found books and papers, which I brought away—I found this book, which is a journal written in French—I produce also a letter-book which I found there—these are the letters; each letter has my mark on it—I found an agreement on parchment—I went to Mrs. Givall, in Russell-street where I found this bag, containing many pieces of paper, with marks on them—the bag is marked I. L. S.—I did not see Reverdy again—he answered all my questions in English without hesitation.
JAMES PLATLE LEECH . I am clerk to Mr. Nine, a merchant, of 26, Great Winchester-street—he has a great connexion with Egypt—I know the prisoner Aime, and have seen him write—I have receipts which I have seen signed by him—I have paid money from Mr. Nine to Aime on account of Mr. Boisserolle—I heard him say they were for Mr. Boisserolle's account—he has written letters in our office; I have given him paper to do so—he has used the copying-press once or twice; sometimes he has taken copies with a ruler.
Q. Look at those paper found on him, are they his handwriting? A. I don't like to speak to any but to this one—they are written differently to what he generally writes—I have seen Turkish coins in Aime's possession—I think nine or ten gold coins—that was a short time before he was arrested—I have paid him 160l. that I did not have receipts for—those I have receipts for are 4l., 5l., 7l., 4l., 2l., and others.
EDWARD THOMPSON . I live at Newcastle-on-Tyne. I know Reverdy by the name of Newsom—I think it began in 1852—I knew him for a year or two after that—I have had correspondence with him since that I have often seen him write—these letters are his writing—this paper, describing the value of coins, is his writing—this journal, I have no doubt, is his writing—this letter-book is his writing.
ANTHONY PESCHARI . I am the Ottoman consul-general—my office is at 8, New Broad-street—I have instructions from the Turkish Ambassador to prosecute this case—theae are Turkish coins—this is a beschlik, this is a yermelik, and this a piastre—there is an operation going on in calling in the base coin to issue a purer currency—the value of a piastre in England is about one penny—the nominal value in exchange at Alexandria or Constantinople may be 2d. or 2 1/2 d.—the yermelik is a halfpenny—two of these coins are coins of the late Sultan Mahmoud; the others are of the present Sultan—these dies are of Turkish coins, and if finished they would strike off Turkish coins—this paper contains an account of Turkish coins—there is a Royal Mint in Turkey, in which gold, silver, and copper coins are issued—no one has authority from the Turkish Government to coin in this country—I did not know either of the prisoners before they were apprehended.
Cross-examined by MR. ROBINSON. Q. What countryman are you? A. Greek—I have been consul since 1854—this piastre (looking at one) is not a base coin—it does not appear to have been worn much—piastres are current in Turkey, and in Egypt and Syria, which is a province of Turkey—there are coins struck at Adrianople—Egypt has an independent coinage, but
piastres pass—they do not pass in Greece—the piastre is not coined in places not in the Turkish dominion—they are used in Egypt, but I do not know if they pass in other parts.
WILLIAM WEBB VENN . I am an articled clerk to a public notary—I am acquainted with the French language—I have made a translation of the French letters and papers, given to me by Mr. James—this is my translation, attached to these letters—it is correct—I have translated this journal up to 24th July, 1858. (The letters were put in and read, from which it appeared that some secret understanding existed between Reverdy, De Boisserolle, and others, with reference to the manufacture of gold, silver, and copper medals; reference was made to an agreement entered into at Paris between Reverdy, De Boisserolle, and a person named Souberolle, for the above purpose; and Aime appeared to be acting as their agent in the proceedings.)
Aime received a good character.
AIME— GUILTY .—Recommended to mercy by the Prosecutor— Confined Six Months.
REVERDY— GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
77. EDWARD ATTWOOD (22), and JOHN REGAN (28) , Feloniously breaking and entering the dwelling-house of William Frederick Cooke, and stealing therein 5 spoons and other goods, value 7l. 7s., his property, to which
REGAN PLEADED GUILTY .— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
WILLIAM FREDERICK COOKE . I live at 1, Price's-terrace, King Edward-street, Westminster-road. My family live in the next house, No. 2. About 6 o'clock on Sunday, 14th November, I went from No. 1 to No. 2, and while I was there I thought I heard a slight rumbling noise at No. 1. I returned to No. 1 at about 7 o'clock—a private door from the back garden leads into it—I went in by that door—I found that the back-door leading into the garden had been forcibly opened; the latch was destroyed—I ascended the kitchen stairs and heard a noise like the drawing of some boxes, or something of that kind, from under the bed—I went into the back-parlour and found the cheffonier doors wide open, the easy chair disturbed, a large cupboard opened, and all my papers disturbed and strewed about—a silver-edged piece of plate was removed from the sideboard where it had been standing, to another place—I still heard the noise upstairs—I went out to get assistance—I returned without any, and went on to the landing of No. 1—the noise upstairs still continued, and I called out, "You had better come down, I know you are there"—after trying to open the landing window, a man came down stairs; it was the prisoner Regan—he came down the landing by the street-door, where I was—he threw something at me, and tried to get away—I returned the compliment with a stick that I had—I had a lantern with me—I saw him most distinctly, and swear positively to him—I only saw one person come down—I found that the front door was broken; the back door, and all the windows were open—the front door has a Bramah lock—the locks of both the front and back doors were forcibly brokep open by a crowbar. I missed a waistcoat, a cigar case, a scarf, and some spoons—I have since seen some of them—they would cost me 7l. to replace—I am perfectly sure that the doors were all fast when I was in the house before.
Cross-examined by MR. COOPER. Q. You say you heard a man still upstairs? A. I did—there may have been two men. Directly Began came down, he went out of the door, and I went after him—I only saw one man—Regan closed the door on me as he went out, and shut me in my own house, and I had to get over some iron spikes, the back way, to go after him—I was not in the house a minute after him, for directly he closed the door I ran up the stain and went out the back way—the street is a long street, right and left from my house; there are only two turnings, one at the top and one at the bottom.
MR. PLATT. Q. Were you the only person in the house when you went out after Regan? A. Yes—I cannot say how many men there were in the house at the time I went out; I only speak to seeing one.
COURT. Q. How long were you before you returned to the house again after following Regan? A. Perhaps about a minute and a half, or two minutes. I left the back door open when I went out—I could not close it, as it was forced open—the parlour window was open.
SIDNEY BARTLETT (Policeman, L 172). On the evening of the 14th November, about 7 o'clock, I was on duty at the Cathedral in St. George's-road. From information I received I went to Price's-terraoe—I there saw a man come out of No. 1—it was the prisoner Attwood—I am sure he is the man—he came from the front door and called out "There he goes, there he goes!"—he ran away, and I went after him calling "Stop thief!" as loud as I could halloo—a hackney carriage attendant came up and stopped him—I did not lose sight of him until he was stopped—I suppose I was 10 or 12 yards from him when he was stopped—I kept him in view the whole time—I said, "I take you on suspicion of coming out of 1, Price's-terrace—he said, "Oh!"—that was all he said—he was so out of breath that I do not think he could say anything else—I took him to the station, searched him, and found on him 1s. 4 1/2 d., a knife, a tobacco-stopper, and four lucifers. The inspector asked him whether there was any border on the scarf—he said, "No"—there appeared to have been a border on the scarf, or something, that had been cut off—I afterwards went to the house, 1, Price's-terrace. A crowbar was produced by L 170—I did not see it found—I compared that crowbar with some marks on the back and front doors of No. 1, and they corresponded—I think the entrance had been made by the back door.
Cross-examined by MR. METCALFE. Q. Did you see anything of Mr. Cooke? A. I did not, nor of Regan—A man gave me information where I was on duty, and I ran to the place; there were some few persons round the door—I was about two hundred yards from them when I received the information—the person told me, "There are some thieves in the house down under, close against the public-house," and I ran there directly—I did not see Regan until he was brought into the station-house; that might be about five or six minutes afterwards—the station-house is two or three hundred yards from Price's-terrace—Attwood was running when I first saw him—I did not see him come out of the house; he came from that direction—I saw him come from the door—there were about ten or twelve persons in the street at the time—he did not run towards me, but the other way—I could see up the street for about 150 yards, before there is any turning—there were no persons in front of me—the people were in front of the door—I had a clear view up the street—I was not more than four or five yards from Attwood when I first caught sight of him—I won't positively say that he told me that the thief had gone from the house, and he was in pursuit of him—I
don't think he did; I don't recollect it—he might say such a thing; I did not take particular notice of it, as we were all in a confusion.
MR. PLATT. Q. Did you see any one running before him? A. No; I have not the least doubt about him.
COURT. Q. You say, when you saw him come from the door, there were other persons standing in front of the door? A. Not in front, more at the side—they were looking towards me and saying, "Here comes a policeman!"—they were all in confusion.
JAMES WARD . I am a hackney carriage attendant, No. 138. On this evening, a little after 7 o'clock, I was in the Lambeth-road—I heard cries of "Stop thief," and saw a person running—I could not exactly see who it was, for I was standing in the middle of the road—it was very dark and I was rather confused—I saw some one running; it was the prisoner Attwood—I am sure he was the man who I stopped—a cabman tried to stop him—he was running very fast, and with the force of his running he very nearly knocked the cabman down—the people were calling out "Stop thief!" or "Stop him!"—I caught hold of him; he said, "You have made a mistake, sir; you have got the wrong man; there he goes, there he goes!"—I said, "That will not do for me, we must wait a minute and see"—I did not see any person running before him, so I detained him till the constable came up and took him.
Cross-examined. Q. You say it was very dark? A. It was rather dark—I cannot positively say that there was any one ahead of him—he came upon me all of a sudden.
WILLIAM WATKINS BEALE . I am the driver of a cab, and live at 29, Mansion-house-street—I was standing by the side of my cab in the Kingsland-road on that night—I saw Attwood stopped by last witness, there were other persons running, the police-constable was running some distance behind him, and some others after him—I ran after Attwood; I did not lose sight of him from the moment I ran; I took him just at the side of the "Stag" public-house—I afterwards saw Regan running on the other side of the cabs, that was about five or six minutes afterwards—I found on him a crowbar, he had it either in his pocket, or up hid sleeve—a constable came up and took him.
Cross-examined. Q. Where did you see Regan running? A. At the left hand side of the cabs, he popped through between the cabs and I ran and caught hold of him—Attwood had been caught four or five minutes before—I commenced running by the cabs on the Stag rank, that is about two hundred yards from the prosecutor's house, or it may be a little more.
WILLIAM MULLENS (Policeman, L 126). I was standing by the side of Regan in the station-house, when he was in custody—I saw him take his left hand from his pocket and put it behind him, and in two seconds afterwards he dropped something; I went and found these seven skeleton-keys in a bundle—I asked if they were his, he gave no answer.
WILLIAM FREDERICK COOKE (re-examined.) This is my scarf, I can swear to it positively, it had a border to it which was torn off some little time before the robbery—it hung on a peg in the hall at No. 1, there is a small portion of the border left, which my wife hemmed.
Attwood was further charged with leaving been before convicted.
JOHN STEPHENS . I produce a certificate (Read: "Central Criminal Court; August, 1854, J. E. Owers, Convicted of burglary; Four Years' Penal Servitude")—The prisoner is the person—I had him in custody, and was present at the trial.
ATTWOOD—GUILTY.— Six Years' Penal Servitude.
MESSRS. POLAND and LEWIS conducted the Prosecution.
JOHN DAY . I am barman and potman at the Plough Tavern, Stockwell-green. On 1st November, about a quarter to 11 in the evening, the prisoner came for half-a-quartern of gin, which came to 2d.—he threw a shilling on the counter, which fell into the well where we wash the glasses—I saw my mistress pick it out; she gave it to me—it was bad, and I told the prisoner so—he said, "It is not"—I said, "I will try it," and bent it in two—I said, "Where did you take it?"—he said, "I drawed 2s. from my master, and the other shilling I spent with my mates—I do not think I have sufficient to pay"—he then said to a woman who was with him, "Kitty, have you a halfpenny?"—she said, "Yes," and he gave me that and three halfpence.
GEORGE KEATS . I keep the New King's Head, Stockwell-green. On Monday night, 1st November, the prisoner came with another man about five minutes past 11 o'clock—I served the prisoner with half-a-quartem of gin; he gave me a shilling—I saw that it was bad, but gave him the change and put it on the top of the till—they both went out, and I took off my cap and apron, and went out after them, keeping the shilling in my hand—when I got outside they were not above twelve yards off—I followed them into Mr. Louder's, the Old King's Head—they went in at one door and I at the other—Mrs. Butler was serving—I called for a pint of ale, and they called for a pennyworth of gin and half-a-pint of ale—I could not see them as there was a partition between—some one gave Mrs. Butler a shilling which she said was bad—I went round to the other side of the partition, and said to the prisoner, "I want another shilling for this one which you passed at my house—he said that he knew nothing about it—I said, "You have just left my house not two minutes ago, and I followed you"—he pretended to be drunk, and said that he knew nothing about it—I fancy that he was sober when at my house—I said, "I do not want any more bother with you, give me the 10d. I gave you"—he said that he had not got any more money—the man who was with him got away—there was a woman waiting outside—a constable was sent for, and the prisoner was given in charge with the shilling which I marked (produced.)
SOPHIA BUTLER . On 1st November, I was serving at Mr. Louder's beer-shop, Stockwell-green—the prisoner and another man came in at a few minutes before 11 o'clock—they had half-a-pint of beer and a pennyworth of gin—he gave me a bad shilling; I put it on the counter, and asked him if he knew it was bad—he said that it was not, and that he had just taken it of his master—he took out three-halfpence, and asked the man with him to give him a halfpenny, which he did, and paid me—the other man went away—I do not know who took the shilling.
Prisoner. I chucked it away when she told me it was bad.
Witness. I did not see you throw it away.
GEORGE MANNING (Policeman, P 101). I took the prisoner at the Old Queen's Head, and Keats gave me this shilling—I searched the prisoner, but found nothing—on the way to the station he said that he would go quietly, he did not want to be handled, but I kept hold of his arm—he tried to escape.
COURT. Q. What is your position? A. I am a clerk in the Treasury—any
case of uttering counterfeit coin is reported there, and I take a note of it—I have more counterfeit coin pass through my hands thau Mr. Webster.
Prisoner's Defence. I did know it was bad.
GUILTY .— Confined Six Months.
MESSRS POLAND and LEWIS conducted the Prosecution.
ELIZA COXON . I am the wife of Charles Coxon, who keeps the Red Lion public-house, Lambeth—on 9th November, about 4 o'clock, the prisoner came for half-a-quartern of gin, which came to 2d.—he gave me an old shilling—I tried it with my teeth, bent it, and said "This is a bad one"—he said "It is a bad job for me"—I gave it to him back, he gave me another, and I gave him 10d. change, sixpence and 4d. in half-pence—he left the house, and I asked my brother to follow him, which he did.
Prisoner. Q. Had you lit the gas? A. No it was a little dark—my teeth would not bend a good shilling.
RICHARD HARMS . The last witness is my sister. On Tuesday, 9th November, she pointed out the prisoner to me, and I followed him from the Red Lion to the Cross Keys—he went in there, and immediately he came out I went in and made a communication—I then followed him to the Red Cow in Princess-street, Lambeth, kept by Mrs. Woolf. I did not see him go in, but I saw him in front of the bar, and I saw him come out about six minutes afterwards—I then went in and spoke to Mrs. Woolf, and then went after the prisoner—I found him twelve or thirteen yards from the house, and told him I should charge him with passing a bad shilling at the Red Cow—I took him back there—Mrs. Woolf said that she would not give him in custody, but I said that I would—he seemed to have something between his teeth and his cheeks—I asked him what he had got, and he made two bolts to get it down before he succeeded—he then said "You may put your hand in my mouth and feel whether I have got anything," but Mrs. Woolf declined—I did not get a countable, I took the prisoner to the station myself.
HANNAH WOOLF . My husband keeps the Red Cow, Princess-street, Lambeth. On Tuesday afternoon, 9th November, about half-past 4 o'clock, I served the prisoner with a half-pint of porter, which came to 1d.—he gave me a bad shilling—it would not pass through the detector, so I bit it, and it bent very easily—I told him that it was bad, and I thought he knew it—he said that he did not, and he had no more about him—I said, "Where did you get it?"—he said that he had been drinking all day, and got it in a bet, and he had no more money but a halfpenny—I took that, and told him to leave the house—he did so, and Harms came in and spoke to me—he went after the prisoner, and returned with him—the prisoner said, "Oh, I thought I had no more money about me, but I find I have two sixpences," and showed them to me—I said, "How could you be so wicked as to take such a solemn oath as you did, that you had no more money about you?"—I would not give him in charge, as my husband was out, and I could not go to the station—I noticed something in his mouth—he made a slight movement, and then said, "Allow your little girl to put her hand in my mouth," but I would not do so—I put the shilling in my pocket, where I had no
more money, marked it the same evening, and gave it to the constable—this is it (produced.)
Prisoner's Defence. The shilling I gave to the landlady I asked a man's opinion of, and he said that it was good, and gave me two sixpences for it. I think you will see plenty of good shillings that are bent; it was dark, and she put it to her mouth.
GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
MR. HORRY conducted the Prosecution.
CORNELIUS WEBB . I am assistant to Mr. Henry Collins, a pawnbroker, of High-street, Wandsworth. On 11th October last, the prisoner came to me and pledged a pair of trousers, which I asked 3s. for—I gave her this duplicate (produced)—she went away—I saw her again on Saturday, 30th October, between 9 and 10 o'clock in the morning, as near as I can say—I am sure it was after 9 o'clock—she applied for an affidavit for those trousers—she said, "Mr. Webb, I want an affidavit for those trousers I pledged with you for 3s."—I asked her if she had lost the ticket—she said she had mislaid it—I filled up a form, and she put her mark to it—this (produced) is the form—she went away with it—I saw her again about three hours afterwards, after she had the declaration signed—she said, "I know who has the ticket now"—I said, "You have done wrong by taking the declaration, knowing who has this ticket"—I told her she was liable to be punished by law for so doing—she said nothing to me—she then went away, and I knew no more of her till she was given into custody—she put her mark to the declaration in my presence—I did not, on the Saturday morning, ask her in particular how she had lost it; only in the usual way, asked her if she had lost it, or if it was destroyed—that was in order to enable me to fill up the form.
Prisoner. When I came to you first, I said, "I do not know what I have done with that duplicate." Witness. You said you had lost the ticket—you did say, "Mr. Webb, I do not know what I have done with the duplicate"—I am quite positive that you did not say that you could not recollect for a minute what you had done with them—you did not say, "I hope no one has taken that pair of black cloth trousers out"—my master was not there—you did not say afterwards, "Oh! I can recollect who has got the duplicate."
COURT. Q. Are you quite positive that, although she said, "I do not know what I have done with the duplicate," she afterwards stated positively that she had lost it. A. I am quite positive.
GEORGE WILLIAMS . I am a marine store-dealer, at Wandsworth—I know the prisoner quite well—some time in October, she came to my shop—it was between a fortnight and three weeks before 3d November, I cannot say positively—she offered me two pairs of women's drawers, one shirt, and this duplicate for 2s. (produced)—I told her I did not wish to purchase them;
that I had lost by a great number of things that I had purchased of her, and that I would rather be without them—she pressed me to buy it, being in great want of money—at last I did buy it—I gave 2s. for all the articles—I saw her frequently at my house after that—I saw her again with reference to this on the Saturday before the examination, between 8 and 9 in the morning—she came to my house, inquiring if I had taken those trousers out, with reference to this ticket for 3s.—I told her that I had not—she asked me if I would sell it back again, and I said, "Yes, I will; for I have lost by all I had from you"—I said I would take 6d. for it—she said she would not have it then, but she would call in the evening to see the ticket—I showed her the duplicate at the time.
Prisoner. Q. On 11th October, did I go to you with eleven duplicate? A. I am not prepared to say—I bought some.
FRANCIS PAYNE (Policeman, V 88). I know the prisoner very well—I was at the Wandsworth police-court, on Saturday, 30th October—I saw the prisoner come there between 11 and 1 o'clock in the day—the court was very much crowded—she gave me this declaration—I asked her the usual questions—I said, "Have you lost the duplicate?"—she said, "Yes"—I said, "Are the contents of this your property?" and she said, "Yes"—pointing to the mark on the affidavit, I said, "Is this your mark?"—she said, "Yes"—I presented the declaration to the Magistrate, James Taylor Ingham, who signed it in my presence—the prisoner was at that time standing at the door, in sight of the Magistrate—she could have seen him sign it, if she had looked—I then handed it back to her, and she went away with it.
Prisoner. Q. Did you unfold that declaration? A. I did. (The declaration was here put in.)
THOMAS BOCKING (V 23). I apprehended the prisoner on 1st November, in Battersea—I said, "Mrs. Gale, I shall take you to the station for endeavouring to obtain a pair of trousers of Mr. Collins by making a false declaration"—I said, "You knew well that Williams had got the ticket"—she said, "Williams have got a good many things of mine"—I said, "Where is the affidavit?"—she said, "I have not got it now, but I can get it soon"—I took her to the station—the female searcher handed me a declaration, which I produced there iu the prisoner's presence, who said, "That is it, Mr. Booking"—the searcher said, in the prisoner's presence, that she had found it in her bosom.
Prisoner. Q. Did not I say to you that I had not got the affidavit, but that I could have it sent to me in a few minutes? A. No; you said you had not got it, but you could have it in a few minutes—there was no opportunity that you might have it sent to you—you were in custody the whole of the time, and I said that nobody was to see this woman. (The Prisoner's statement was here read)—"I have no more to say but that Mr. Williams took in a great many things, and charged 2d. a week for a shilling."
Prisoner's Defence. I never had sold the ticket—I left it at Mr. Williams' for a shilling, that and two pairs of my drawers together—it was a leaving shop and I was to pay him 2d. a week for a shilling.
GUILTY .— Confined Four Months.
WILLIAM FULLER (Policeman, M 244). I was on duty on Sunday. 21st November, at Spread Eagle-court, Rotherhithe, about a quarter past 11—I heard a row in the court and went to stop it—there was a mob of about fifty persons—I dispersed them as well as I could at first—I went away a short time and then they commenced again, and I went back—I apprehended one person that was the principal cause of the row—the mob being so strong, he was rescued from me by the others—during the time he was being rescued, Berry said, "We have got the old b—down here now, and we will pay him," and with that, Mahony picked up a large piece of brick and threw it at me, and hit me on the nose and made me quite insensible at the time—Mahony left the court for a short time—he returned home again—I afterwards saw him go into his house—I got further assistance from the station—I went to the house and tapped at the door—I could get no admittance that way—I took hold of the top of the shutters which were very slackly fastened, forced them, and went into the house—I went up stairs and found him in bed with two small children with his boots and trousers on—I told him I wanted him for assaulting me, and I took him—he said nothing—I went down to the surgeon after that, and had my nose dressed—when I returned to the station, Berry was brought there by another witness—he was in the mob the whole of the time—he tried to rescue Mahony on the road to the station—I told him I should charge him for attempting to rescue Mahony—he said that he never attempted to do such a thing—he tried to pull Mahony away on the road to the station—Boyle struck me two or three times in my face with her fist, white I had got Mahony in custody.
Berry. Q. Did you see me rescuing Mahony? A. Yes—I do not charge you with hitting me.
Boyle. Q. Did I hit you? A. Yes; twice or three times—you had not a baby in your arms.
HENRY WILLMOTT (Policeman, A 495). I was with Fuller when this row took place in Spread Eagle-court—I saw Mahony take up a brick and throw it at Fuller—I went immediately and took him into custody, and he was rescued by the other two prisoners—I was struck by Berry in the eye twice and just in the cheek—Mrs. Boyle scratched my face—Berry attempted with several others to rescue Mahony from my custody, and I had a brick thrown at my head, which rendered me senseless—they rescued him—I do not know who threw the brick.
Berry. Q. Did I hit you in the face? A. You did twice with your fist—you helped to rescue Mahony from me.
Boyle. Q. Did I do anything to you? A. You scratched my face—you had not a child in your arms.
ROBERT STUART (Policeman, M 263). I apprehended Berry—I saw Mahony being taken to the station—I saw the female throw a stone after the constable as they were taking him to the station—I cannot say whether it hit him—she had no child in her arms.
HENRY UPTON (Policeman, M 18). I went and apprehended Mrs. Boyle on Monday last, about 12 o'clock in the day—I went to a house at Rotherhithe where I found her—I told her that she answered the description of a person who had assaulted the police at Spread Eagle-court on the previous night—she said, "I did not do anything, I was there all the time, but I know the party who did it"—I said, "You must go with me"—she said, "I can't go, I did not do anything;" and then she said, "I was not there till the row was all over"—she said, "I could not assault the police, because I had a child in my arms."
Boyle's Defence. There was another woman in the house who threw a stone at the policeman, and they took me by mistake.
Mahony's Defence. The policeman sprung the rattle and got help; the girl was outside that struck him, and he took this woman in the place of her sister—he took me and this man here for nothing at all.
Berry's Defence. I have nothing at all to say, but I was coming up walking with another chap, and the policeman came and laid hold of me, and said, "Come with me"—I said, "Where are you going to take me?"—he said, "I will tell you directly," and at the station he swore that I rescued the prisoner Mahony, and that I helped to rescue.
MAHONY— GUILTY .— Confined Four Months.
BERRY— GUILTY .— Confined Three Months.
BOYLE— GUILTY upon the First Count only.— Confined Two Months.
Before Mr. Justice Mill.
MR. COOPER conducted the Prosecution.
JOHN KELLY . I am a saddler, at Stoke Newington. Last Saturday night, 20th November, I left my place about 9 o'clock, and was proceeding on my way somewhere down Bermondsey, leaving there to go to Kennington-gate to take a bus—on my way I went into some public-house, I cannot tell exactly where, it was in some part of Bermondsey I believe—I had something to drink while there—I took some money out of my pocket to pay for it, and some of the party that was there behind me struck the money out of my hand—I saw the prisoner there—he was sitting at the table where I was—he was behind me, I believe, at the time my money was struck from ray hand—I picked my money up, and I believe I lost a shilling—I left the public-house directly after, and proceeded on my way to take a Kennington bus—some person from the house, a connexion of the prisoner's followed me, walked on the side walk some little distance, and asked me to go and take something to drink—I went in, and I believe we had half-a-quartern of rum, which I paid for—we drank the ram between us, and left the place together, and walked on the side walk some little distance—we had walked, I should say, something like five minutes, and as I was crossing the road with the man alongside of me, all of a sudden some one struck me in the right eye, and made a rush on me and took my watch from my pocket—I was somewhat stunned from the blow—I was knocked down—on getting up again I knew my watch was gone, because I felt them forcing very hard to get it away from me—there was more than one person—I saw two distinctly run away from me—I felt them pulling my watch away—the chain was an Albert chain, hooked on to the button-hole—it was not round my neck—the watch was in my waistcoat pocket—I pursued the men, and called "Thief"—I afterwards saw the prisoner in the custody of a police-officer—I am sure he is the man I saw in the first public-house—I knew him at once.
COURT. Q. How soon was it that you saw him after the two men ran away? A. I should say about five minutes—it was a foggy evening—when I saw him again it was in the same line as I saw the man running—I was running, and I lost sight of the man—he went into some dark place, and
the policeman took the prisoner there, and brought him out at I was walking along.
Prisoner. Q. What public-house did you see me in first? A. I don't know the name of it; I knew you again the moment I saw you.
COURT. Q. Had you drank much that evening? A. I think I had some porter in this place, and I drank the rum, and I had some porter before I left the shop where I work—I was not very much in liquor—I was a little—I felt a little excited with what I had had, but not but what I knew what I was about.
SAMUEL STRICKLAND (Policeman, M 76). Last Saturday night, the 20th, I was on duty near Lant-street, Borough—whilst there I heard a cry of "Stop thief," about a quarter to 11 and saw some one running—I ran after him up a blind court where there is no way out, called Blue Ball-court—I caught him there—I brought him out into the middle of the road, and a man came up and said, "It is all right, constable; let him go"—I said I would let him go when I was further satisfied—I held him about a minute and a half, and the prosecutor and a mob of people came running from the same direction that the prisoner had run from—the prisoner was the man I caught—the prosecutor said to the prisoner, "That is the man that I have been treating"—the prisoner said nothing.
Prisoner's Defence. It is true that the constable caught me—I heard the cry of "Stop thief," and I ran too, and ran round the corner where the constable was—I was not in the prosecutor's company at all that evening—I never saw him till he charged me with the robbery—if you put it back for a day, I could have witnesses to speak to my character.
GUILTY .— Confined Fifteen Months.
MR. POLAND conducted the Prosecution.
CHARLES LITTLE (City policeman.) I live at 13, West Smithfield—the deceased was named Eliza Little—she was 29 years of age—she was my sister—she went to live with the prisoner, I think about three years last May or June, or about three and a half years—he was then living at 29, Bury-street, St. James'—he is a musician—she went to live with him as cook and housekeeper—I was in the habit of visiting her from time to time—the prisoner went to Peckham-rye, about six or seven months back, but I think that he only lived in Attwell-road about six weeks—I visited her there once—on Saturday morning, 13th November, I received a letter from my mother in the country—in consequence of something, I went to 20, Attwell-road on Saturday morning—it must have been the 13th—I got there about a a quarter to 1 in the day—I saw my sister; she was in bed, ill—she died in my presence twenty-five minutes after I arrived—I spoke to her, but she did not answer me.
HANNAH HORSLEY . I am the wife of Richard Horsley—I live at 2, Sternhall-place, Peckham-rye—my husband is a porter—on Monday, 8th November, Mr. Turner called on me—he inquired of me if I was disengaged, and asked me if I could go and stay with his wife, while he went to town—I said, "Yes"—I afterwards went to the prisoner's house, 20, Attwell-road—I think it was about 7 in the evening—I found Eliza Little in bed there—she was very ill indeed when I first saw her—the prisoner said what was the matter with her, when the doctor came; a doctor was sent for after I went
there—the prisoner said in my presence that she was pregnant—the doctor said, in the prisoner presence, that she was to be kept perfectly quiet—I remained with her on the Monday night—on the following day she was delivered of a dead child in my presence—Mr. Masters delivered her, Mr. Stokoe's partner—Mr. Stokoe was not at home—he came in directly after the delivery—the delivery was somewhere about 1 o'clock—the prisoner was in the house at the time—I continued in attendance on the deceased until she died—on the Tuesday the prisoner went out about 4 o'clock in the afternoon—in the evening Miss Booker called in to see how the deceased was, and she begged her to stay, and she did, and remained that night—the deceased was very ill indeed that night—the prisoner returned about 1 o'clock at night—I was sitting up—Miss Booker and I were both up in the bed-room—when he returned he came into the bed-room—he asked the deceased how she was—she said she was better—he did not say anything else particular then—he appeared very comfortable and quiet; he pulled off his coat and hat, and sat down and had some gin-and-water—I believe he had two glasses—he smoked a cigar with it—he sat up until 4 o'clock—he was quiet all that time, and in conversation—at 4 o'clock he flew in a violent passion—I do not know for what cause—there was a cat in the room at this time, and the noise that he made caused the cat to leave the room and go down stairs—he got up from his chair—he was knocking and stamping about, and hallooing—when the cat left the room he ordered Eliza Little to get out of bed, calling her d—d wretch, saying that she had done something to the cat—he called her many other names, such as a villain and a hound—he then threatened that if she did not get out of bed and go and look for the cat he would murder her—he was then at the foot of the bed—he told her that if she did not get out of bed and go and look for the cat he would kill her—he had a stick in his hand at that time, which I took from him—it was a walking stick—when he ordered her out of bed, she said she would not go—he told her that he would make her—she then, through his violent threats, got out of bed—she put on two petticoats—when she was out of bed in the room he threatened her; he said he would kill her—that was before she put the petticoats on, and after he said that he would murder her—he said that without saying any thing else, at least we were so intimidated and frightened we hardly knew what he did say—I reasoned with him, and begged and entreated of him to be quiet and not to touch her—I tried all I could to keep him quiet—after she was out of bed and had put on her petticoats; he drove her down stairs to look for the cat—he drove her with his violent threats—I believe that he pushed her in the first instance—I was trying all I could to keep him back, I saw him lift his hand to push her—it is only a four-roomed house—this was the front bed-room on the first floor—Eliza Little went down stairs—the prisoner followed her—I went down stairs also—she got to the street-door and tried to get out—she screamed "Murder" in the passage down stairs—I did not see him do anything to her in the passage, no further than driving her through the passage—I do not think he touched her at all—he ordered her through the passage into the kitchen to look for this said cat, because he said she had done something with the cat, and she had not been out of her bed—she went into the kitchen—that is on the same floor as the passage—the prisoner followed her there—taking up a pair of tongs from the back parlour fireplace, he threatened to strike her with them and kill her—he called her a d—d wretch, a villain, a hound, and a dog—when he took up the tongs he said
he would kill her with them—he had the tongs in his hand, and I took them from him—she tried to get out of the door—she had no shoes or stockings on, and I went and fetched her a pair of boots and put them on down stairs in the kitchen—the kitchen and passage are boarded—that was all that took place—she afterwards returned up-stairs—the prisoner followed her—I went up-stairs as well, and got her into bed—I should say she had been down stairs altogether about ten minutes as nearly as possible; it might have been a little more—when I got her to bed she was very much exhausted, very faint, and very cold—after I put her to bed I put some hot flannels to her—the prisoner still continued very violent in the bed-room—he continued violent for some few minutes at least—I prevailed on him to go down stairs with me to look for the cat—I knew the cat was not out of the house—he went down stairs, to look for the cat, and I went with him—we found the cat under the sofa in the front parlour—he did not say anything when we found it, only took the cat and petted it and took it up-stairs again—he remained quiet until 8 or 9 o'clock, at least he was swearing at her and making violent threats, stating that if she did not die that day he would kill her dead—that was to Eliza Little—about 8 or 9 o'clock in the morning he had a sword, and he drew it and flourished it over her head—the sword had heen by the bedside—he was going to take it before this, before Miss Booker left—it had been previously standing by the bed-side, but I had removed it between the drawers and the window, as he had threatened to take it before—it was drawn wheu he flourished it over the bed—he said he would strike the first person that interfered with him—I got the sword from him—I begged him to let me have it—on the Wednesday the deceased was very bad indeed—she died on the Saturday.
Cross-examined by MR. SLEIGH. Q. You, I understand, are by profession a nurse? A. No; that was the first time I had been out—I go out to work charing or washing, anything I can get to do in a respectable way—I believe I had only spoken to the prisoner once previously to the time when he called upon me to go and attend to his wife—I have not been out to attend to any sick persons in particular; I merely have gone in and out in a neighbourly way—on the day he called upon me he told me his wife was very ill, and he did not like to leave her alone, and he wanted some person who would take care of her and be kind to her in his absence, and I did so—that was on the Monday—I cannot say exactly to a minute the time I went there; it was about 7 o'clook in the evening—the prisoner was there then—he stayed in until after the doctor had been—the deceased was called Mrs. Turner—he gave me directions to take care of her and keep her quiet and warm—he told me that the doctor had ordered that she should be taken great care of, and enjoined on me that I should do that to her—the doctor came directly; in fact, he had not come when I got there; she wished me to go and see for him, and I met him; that was between 7 and 8 o'clock—I should think the prisoner left the house between 8 and half-past—he remained nearly an hour after the doctor had been, and during that time he paid those little attentions that a man would to a sick wife, kindly and affectionately—I believe he kissed her—Miss Booker came in on the Tuesday night, about 10 o'clock—the prisoner returned home about 1 o'clock on the Monday night—he sat up in the bed-room—he did not go to bed at all that night, he merely laid down after 10 o'clock in his clothes—he was sitting by the fire in his easy chair—he lay down between 9 and 10 o'clock in his clothes—from the time he came home, until the time I have mentioned, he was continually paying attention to the deceased, and getting up and asking how she was getting on—I begged
him to keep keep qniet and not to talk to her, because it only disturbed her—his inquiries were kind and affectionate—he did not go out until 4 o'clock on the Tuesday afternoon—he stayed during the forepart of the day, attending on her together with myself—he went out, and stayed away till 1 o'clock the next morning—when he left me at 4 o'clock, he left me with the same injunctions to take great care of her—Miss Booker arrived about 10 o'clock on the Tuesday evening—she was a personal friend of the deceased and Mr. Turner—I had not known anything of her previously, only by seeing her about—I observed that the prisoner was very fond of the pet cat—even the short time I was there I observed he was very fond of it, continually fondling it and patting it—if the cat went out of the room for a moment he was not comfortable—Miss Booker and myself were sitting up with the deceased and attending to her till Mr. Turner returned home—she continued very ill indeed during the whole of that day—the doctor called twice a-day all the week—the prisoner did not go out during that day to fetch the doctor himself—Miss Booker lives on the Rye—Mr. Turner, when he came in, said to Miss Booker that it was very late—Miss Booker and I were not drinking anything when he came in, and had not been during the whole evening—I had only had a glass of beer for my supper—Miss Booker did not go out and bring anything in to drink—she never left the house from the time she came in till the next morning—she and I did not have any gin-and-water while attending on the sick woman—Mr. Turner asked us to have some—I think Miss Booker brought in a little drop of brandy with her as she thought of stopping with her to sit up—I think she did have a little weak brandy-and-water before he came in—I had a little of it, about a spoonful—I did not understand what you meant before—I thought you meant had I had any with Mr. Turner—when you asked me whether I had had any spirits and water to drink before Mr. Turner came in, and I said, "No," I did not understand your question—I had about a table-spoonful, I think, I did not have more—Miss Booker brought it in in a small bottle—when Mr. Turner came in, we were not sitting with a glass before each of us, from which we had been drinking spirits and water—there was a glass on the table, but I had not been drinking any then—it was the glass out of which Miss Booker and I had been drinking spirits and water—I do not remember Mr. Turner making any observation or complaint about it—I do not think he asked whether we had been drinking—he asked whether there was any gin in the house, and I said, "Yes," it was there as he had left it, for I had not touched it—when he was drinking the gin-and-water there was no spirits produced from Miss Booker's bottle—Miss Booker and I did not partake of any gin and water between 1 and 4 o'clock—Mr. Turner sat there drinking until 4 o'clock—during that time, he occasionally went to the bedside, and asked the deceased how she was getting on—when he came in, the first inquiry he made was an affectionate one as to how she was getting on.
Q. Did not he repeatedly expostulate with Miss Booker for staying so late, and request her to go home? A. I believe he did request her to go home, but then it was so very late, it was 1 o'clock—he did not request her repeatedly to go home after that, not to my knowledge; I did not hear him—he sat there in conversation, and appeared very comfortable and pleasant—it was a few minutes after he came in that he asked her to go home—he did not say that it was too late for her to be out, and that our continual talking together must disturb poor Mrs. Turner—it was not I and Miss Booker that were talking, it was Mr. Turner and Miss Booker, and I several times begged him to be quiet—it is not true that he begged of me and Miss Booker
to be quiet, nothing of the kind—it was about 4 o'clock when he made the noise and frightened the cat out of the room—he did not miss the cat before that—it was the noise that he made that frightened it out—the cat was sitting by the side of the fire-place, on a chair—it did not go out of the room till he commenced making the noise, but as soon as he commenced making the noise—as soon as he missed the cat he complained of it—I looked for it; he did not—I looked for it of my own accord bcause I wanted to quiet him—he did not assist in the search—he did not take the stick in his hand and poke about the room, searching for the cat—he did not, before he made use of the language I have alluded to, complain over and over again about the cat being missing—it is not the fact that he left the room first, and that Mrs. Turner got out of bed and followed him while he was raving about the cat—she did not follow him—she was the first that went down the stairs—he ordered her to get out of bed—he was on one side of the bed as she got out of the other—he positively ordered her to get out of bed—she said, "Don't take on so about the cat, it is somewhere about the house, you need not be afraid of that"—he still went on raving about it—he drove her down the stairs—I mean to adhere to that—he did not take her by the shoulder and push her down—he did not put his hand upon her at all—she went to the front door and tried to get out, and then she screamed "Murder," very loud—the neighbours in the next house heard it—she was then in the passage—she did not open the door because she was in such an exhausted state—I swear that she screamed out "Murder" over and over again—I cannot say how many times—I stated so before the coroner—I do not know that I have stated it to any one except at the inquest—I do not think I have stated it to any one who is here—I believe I stated before the coroner, that he said that if she did not die that day he would kill her dead—I have not named it to any one before to-day, it is not a pleasant thing to name—I told it to the coroner—what I stated was taken down in writing and read over to me, and I signed it—it was read over to me in order that I might see there was no error in it, and I took care that there was no error in it—I mean to pledge my oath that I gave that evidence before the coroner, and heard it read over to me—I stayed with the deceased until she died—after that morning the prisoner continued his attention and kindness to her as before—that conduct was not resumed until the middle of the Wednesday—from that time until her death he was kind and attentive, as kind as man could be to woman who was suffering.
MR. POLAND. Q. Did the prisoner at any time tell you whether he was married or not? A. No; I did not know that he was not married till after her death—he then stated he was not married—Miss Booker and I were both quite sober on this Tuesday night—there is one thing I should like to name, that the prisoner threatened to do for me on the Wednesday, the day of the inquest.
SARAH BOOKER . I am single, and reside at Peckham-rye—I knew the deceased—she had been in the habit of coming to my father's shop for about six months—on Tuesday night 9th Nov., I heard that she was ill, and I went to see her about 10 o'clock—she was in bed, very ill—the prisoner was not there—I remained sitting there with Mrs. Horsley until he came in, about 1 o'clock—I believe he was quite sober—he appeared perfectly quiet until 4 o'clock in the morning—we were sitting quietly before the fire—he smoked and had some gin-and-water—he did not say anything about my leaving, when he came in—about 4 o'clock, he flew into a violent passion, and came towards the bed where the deceased lay, with a stick in his hand,
brandishing it over her bed—I was close by the bedside, but I was so intimidated that I really cannot say whether it was a stick, or what it was that he had—he screamed very violently, and told the deceased to get up—I said she should not get up—he screamed again very violently for her to get up for he had lost his cat—he did not say what she was to get up for—when he screamed the third time, she got up from the bed and ran down stairs to the front door—he went down stairs and I after him, and Mrs. Horsley also—he flew into the kitchen after her—I did not see her go into the kitchen, I was so frightened—to the best of my knowledge, she was down stairs from five to six minutes—she then went upstairs—we put her to bed, and applied hot flannels to her body—she seemed very exhausted—the prisoner then appeared more quiet, and sat in his arm-chair by the fire—I saw nothing afterwards—I left about 8 o'clock in the morning, and did not go to the house again—I left him sitting quietly by the fire—I saw him draw a sword that night—I suppose that was about half past 4—I think it was after he came upstairs—he was brandishing it about the room, and went towards the bed where the deceased lay—he called her a d—d wretch, and said he had lost 1,000l. by her—I did not see him touch her at any time.
Cross-examined. Q. This matter altogether did not last more than four or five minutes then, from the beginning of the noise until the deceased was up and in bed again? A. That was it, as near as I could guess—it was a momentary act—she was in bed while he was brandishing the sword—he did not touch her with it—it was not the prisoner that went down-stairs first—the deceased went down first, to the best of my recollection—he was not angry with her for getting out of bed and going down-stairs, not that I heard—he did not help her into bed again and tuck her up—he did not assist Mrs. Horsley in applying the hot flannels, that I saw—he remained in the room all the rest of the evening, and appeared quiet—I cannot say in what part of the room he was when the deceased got out of bed, I was so frightened—he was raving about the cat—she told him once or twice that no doubt it would be found, and he need not take on so much about it—she was trying to pacify him.
RICHARD STOKOE . I am a surgeon at Peckham Rye. On Monday, 8th November, I was sent for to 20, Attwell-road, to see Eliza Little—I do not know who fetched me—I found her in bed—the prisoner was in the room—he told me that she was ill, and I examined her; I found that she was very ill—she was suffering from peritonitis (inflammation of the covering of the bowel)—she had a cough—I was told that she was pregnant—I think it was the prisoner that told me so, but I am not certain—at that time she was seriously ill, and in danger—this was a little after 7 on the Monday evening—I prescribed for her, and told the prisoner that she was seriously ill, and that it was necessary to keep her very quiet—I cannot recollect what he said to that—I went next day a little after 1 o'clock; she had then just been confined by my partner—I saw the foetus—I should suppose it was a five months' child—the prisoner was not present then—I saw Mrs. Horsley, and gave directions—she was still very ill—I saw her again in the evening about 9 o'clock—she was still very ill—I don't think I saw the prisoner there—next day I saw her again about 11 o'clock; I found her worse—the prisoner was not in the room then, but as I was leaving the house, I heard a scream from the deceased's bed-room—Mrs. Horsley came down to me in the passage, and requested me to go up—I did so, and then found the prisoner in the room—he was in a passion, and was upbraiding the deceased with regard to to her conduct—I stopped him, and said I had nothing to do with that, that
it was not a proper time for him to make any remarks to her; that she was dangerously ill, that she was under my care, and I oould not allow it—his violence coutinued, and he said he would not be bullied in his own house, and threatened to knock me down—I told him his conduct was such, that a policeman ought to interfere; I did not consider he was in a fit state to remain with her—I said I should speak to a policeman, and left the house—I called again the same evening, the deceased was still very ill—I continued to attend her until she died, on the Saturday morning—I understand that she died about half-an-hour after I left the house on Saturday—my partner afterwards made a post-mortem examination in my presence: the peritoneum, which is the covering of the bowel, was in a state of inflammation—there was a false membrane covering that peritoneal covering of the bowel, and pus, or matter, in the cavity of the abdomen, the consequence of inflammation—the chest, lungs and heart were healthy—in my judgment, the cause of death was inflammation of the peritoneum.
COURT. Q. You say that she was labouring under this inflammation on the Monday? A. Yes, the same disease continued—compelling her to get up on Wednesday, about 4 o'clock, and going down-stairs into the passage and kitchen without shoes or stockings, then putting on a pair of boots, and returning to bed in five or six minutes, must tend to aggravate the disease—it would so aggravate it as to make it operate fatally more quickly than it otherwise would have done—it was a dangerous disease—I cannot say that it would tend to make a disease fatal, where it would not otherwise have been fatal; but if it was a fatal disease, it would make it fatal more quickly—one womb was not inflamed.
Cross-examined. Q. Do you say that the getting up, under the circumstances that have been detailed, might have aggravated the disease, or do you say positively that it did so? A. It would aggravate the disease; she was worse the next morning and the presumption was that it did so—she was very bad when I saw her on the Monday, and also on the Tuesday—the disease was going on; it was progressing to its climax without any arrest.
Q. Then the state in which you saw her on the Wednesday after this alleged going down-stairs might have existed if she had not got out of bed at all during the night? A. I think that the getting out of bed increased it—if I had not heard anything about her getting out of bed, I should not have been surprised at the state in which I found her on the Wednesday—I was not told by Mrs. Horsley about her getting out of bed—I was not made aware of it until after the death—I attended her from day to day, twice a day—I found her worse on the Wednesday—I anticipated that—some inflammatory diseases are more rapid and some less; I presumed that her state on the Wednesday was consistent with the progress of the disease, although she had not got out of bed at all—she was worse than I expected to find her, from the state in which I left her on the previous night—I considered her in danger from the first—she died from inflammation.
MR. POLAND. Q. Supposing it to be true that she was forced, during the Tuesday night, to go down-stairs in the cold in the manner described, would that in your judgment, have been sufficient to produce the additional state of illness in which you found her on the Wednesday morning? A. It is probable—I do not think that a person in her state could not have done so without aggravating the disease, by driving the blood from the external surface on to the diseased surface, and producing congestion—that would tend
to aggravate the inflammation—the moving her in such a state would also tend to aggravate the inflammation.
MR. SLEIGH submitted that there was no case for the Jury. MR. JUSTICE HILL was of opinion that there was, and he should leave it to them in this way: that if they were of opinion that such coercion was exercised as amounted to an assault, and that her death was hastened by the consequences of the exposure to cold which she was compelled to undergo, it would amount to culpable homicide.
GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, DECEMBER 13, 1858.