CENTRAL CRIMINAL COURT.
WIRE, MAYOR SECOND 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, December 13th, 1858.
Before Mr. Recorder and the First Jury.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.
THOMAS SMITH . I am foreman to Mr. Hird, an upholsterer, of 143, Tottenham-court-road. On 5th October the female prisoner came to our shop—she drove up in a four-wheeled pony-chaise—she said that she had taken a house, 24, Grosvenor-road, St. John's wood, and she wished some person to come there and look at the house, to see what furniture she required—she said that her name was Chesterfield—next day I went to look at the house to see what furniture Mrs. Chesterfield required—she said, "Now you see what rooms there are, you see what furniture is required?"—I said, "Yes,"—she then said, "What are your terms?" I said, "Cash"—she said it was not convenient to pay the whole of the money, but she would pay half of it down, and the other half on the 1st or 2d of November—she then told me her husband was a retired maltster, and she had an income of 400l. or 500l. a-year—I agreed to those terms, upon having a respectable reference—she said her husband had been a maltster at Weymouth—I then left the house—she came the following day to the shop
and selected goods; a mahogany couch, six chairs, a loo table, some carpeting, and a large chimney-glass—the value of the first goods we delivered was 31l.; altogether they amounted to 39l. 17s.—she gave me a reference to a Mr. Scott of 48, Alma-street, Hoxton—I went there the next day and saw the prisoner Elsom, who answered to the name of Scott—I said I had come respecting a reference of Mr. Chesterfield—he said he was a highly respectable man, and a retired maltster from Weymouth, and Mrs. Chesterfield had an income of 400l. or 500l. a-year—at that time Elsom had whiskers—I went back to Mr. Hird, and told him that the reference was satisfactory, and he said, "Send the goods;" and they were sent to 24, Grosvenor-road, St. John's-wood—I went there about a week after—I saw the prisoner Stacey—he opened the door to me—I asked if Mrs. Chesterfield was at home—he said, "No;" she had gone down to Mr. Hird's to select some mote goods; that his name was Chesterfield—I went back to the shop, and found Mrs. Chesterfield there, and I served her myself with the goods—the goods were supplied in two parts; that was the second part—I went again to Grosvenor-road on 2d November, and found that the goods were gone—I found no one in the house—I traced the goods from there to Lyndhurst villa, Lyndhurst-road, Peckham, and I saw Stacey and asked him for the goods—that was the first place I went to after I found the house shut up—Stacey came to the door to me, and he shut the door in my face—the following morning we went over to Lyndhurst-villa, and found the goods were gone from there—they were in the house the previous day; I did not see them there—we followed them to Dane-street, Islington, and I waited there all night—I did not see any one there—I saw Stacey come to the house in the morning, and as soon as he saw me he turned away, he did not go into the house—I went from there to the police-station in Old-street, and identified some goods that the female prisoner had been offering to pledge—on Saturday, 6th, Mr. Hird and I went to 7, Copenhagen-street, with a police-constable, and took the three prisoners into custody—Elsom and Stacey were in bed—I was induced to part with the goods through the reference.
Cross-examined by MR. RIBTON. Q. I observe that in the first instance you told us that what the woman said to you was that her husband was a retired maltster? A. Yes, a retired maltster from Weymouth—I did not take any memorandum of this conversation—the first parcel of goods was delivered before I saw the husband at all—when I saw him at the house he said that his name was Chesterfield, and that Mrs. Chesterfield had gone down to our place—I did not see him afterwards until I saw him at Lyndhurst-villa—when I first went to Alma-street, Hoxton, a little girl opened the door, and showed me into the room—Mr. Scott came up from downstairs—I saw Elsom in the room—I addressed him first; I said, "Is your name Scott?"—I mean to swear that—I have not the slightest doubt of it—the name Hayes was not used—I do not know whether that was the name he was living by at that house—Scott was the name that was mentioned to me in the first instance—the name of Hayes was not mentioned at all to me by anybody; I did not hear it—I asked for the name of Scott when I went there, and saw Elsom—I did not hear the name of Hayes mentioned in the first instance by anybody at all—I made a memorandum of the reference and the name the day that I took the reference—I went for it the day after it was given me—I put the name down at the time the lady gave it to me; I swear that—the reference was given me at the shop, and I put it down in the book on the day that I had it—the second parcel was sent
about a week or a little more after the first one, as near as I can guess—the female prisoner took them away in the chaise—I have told you all the interview I had with Elsom—I did not say anything to him about some of them being to be paid for—I did not tell him that half was to be paid for—there was an arrangement between me and Mrs. Chesterfield that half was to be paid for—the arrangement was, that half was to be paid when the first goods came in, and the other half the 1st or 2d of November—half the money was to be paid on delivery—it was not paid—our carman took the goods.
MR. SLEIGH. Q. When Mrs. Chesterfield spoke about her husband, did she say "a retired maltster of Weymouth?" A. A retired maltster of Weymouth—she used the word "Weymouth" at the time she said her husband was a retired maltster.
THOMAS ROBERTS . I am carman in the employment of Mr. Hird—in the early part of October last I delivered a quantity of household furniture at 24, Grosvenor-road, St. John's-wood; chairs, tables, a looking-glass, and carpet—I saw Mrs. Stacey when I delivered them—this (produced) is the carpet—I have since seen a large portion of the goods at the station house—they are the goods which I speak to as having delivered at Grosvenor-road—I have seen a looking-glass.
Cross-examined. Q. When you went there, I believe you demanded the money, did not you? A. Part of it—I was desired to ask for half the amount—I did not tell Mrs. Chesterfield that I was desired not to leave the goods until the money was paid—I asked for half the money—she said it would not be convenient then to pay me—I did not say I could not leave them unless that was paid; I am certain I did not say so—I was not desired not to leave them without the money—my instructions were to ask for half the money; that was all—no instructions were given me supposing half the money was not paid—she said she would pay it all on the 1st or 2d of the month—I was desired to get half the money if I could, I suppose—I left them on the premises.
GEORGE GOODCHAP . I am an auctioneer of Edgeware-road—on 17th September last, I let the house in Grosvenor-road to the elder prisoner, under the name of Chesterfield—he gave references when he applied for the house—I made inquiries and let the house—he said that he was a retired man, and lived on his means—I did not receive any rent for the house—they went before any rent was due.
Cross-examined. Q. He gave you two references did he not? A. Yes—they appeared to be satisfactory; they were not so ultimately.
MR. SLEIGIH. Q. Did you see those referees or get replies by letter? A. By letter—I have since made inquiries as to the persons from whom those letters appear to have emanated.
WILLIAM MATTHEW WILKINS . I live at 67, Buttesland-street, Hoxton—I am owner of the house 48, Alma-street—in September last I let that house to Elsom, in the name of Hayes—he gave me the name of Hayes—he continued to inhabit that house six weeks—I found it suddenly shut up, and nothing there but my fixtures.
HENRY WEST . I live at 2, Brandon-row, Newington-causeway—I am a dealer in coals, and a carman—on 3d November last, the two male prisoners came to me about half-past 8 o'clock in the morning—Stacey asked me if I could remove some goods from Camberwell—I said, "Yes"—I asked him whether he should want one or two horses—he said he should prefer two—I took my van and horses to the Rosemary-branch, Camberwell, and waited about ten minutes while Elsom and another man went away—Stacey stopped
with me—they came back again—I went with them and Stacey stopped at the Rosemary-branch—I went with the other men into Lyndhurst-road—I there loaded up a load of furniture—I have seen the looking-glass since—I took the furniture to Dane-street, Islington—Elsom and one or two other parties were with me then—when we left the Lyndhurst-road, we went to the William the Fourth in Albany-road, and had something to drink there, and Stacey tried to dispose of the looking-glass—I heard him say to the landlord, "If you can make room for it, I will let you have it worth your money," and the publican said, "No, I will have nothing to do with it"—I afterwards took it with the other things to Dane-street—I did not see the female prisoner at all on the way—after we had unloaded, we went to a Tom and Jerry shop to be paid, and she was there—I went there with Stacey to receive my money, and I was paid there by the female prisoner.
JOHN HARVEY (Police-sergeant, L 9). I know Stacey and the woman—I have known them eleven or twelve years—during the whole of the time I have known him, I never knew him to carry on the business of a maltster—I cannot exactly mention the names I have known him under during that time, but I have known him under several different names, such as Layton, Stacey, Chesterfield, but so many different names I cannot recollect all of them—I have known him to be living in more than one residence during this eleven or twelve years—I cannot say how many besides the one I took him from, at least three—I have for some period lost sight of him—at one time he kept a stationer's shop, and at another time a beer-shop—sometimes he appeared to be pretty well off, sometimes badly off; sometimes he was in a horse and chaise, at other times walking; he had several horses and chaises—on 6th November, I went to 7, Copenhagen-street, Clerkenwell, with Mr. Hird—I there found the three prisoners—the woman was up-stairs, and Elsom was in bed, down-stairs—I took them all three into custody—I told them that Mr. Hird charged them with obtaining goods from him by false pretences—the elder prisoner said, "Oh, it is only a debt"—he said after a bit, if they would let him go he would give the property up; but Mr. Hird said he should do nothing of the sort—at the station, he gave the name of Peter Stacey—I had known him under the name of Stacey previously—previous to taking them into custody I saw the female prisoner at Mr. Hawes, in Old-street, a pawnbroker's—she was attempting to pledge a very large looking-glass, and an easy arm-chair—I took possession of them—the chair is here; but the looking-glass was too big to bring, I was afraid of breaking it—I found some property at Copenhagen-street, which I subsequently conveyed to the police-station—it has been shown by me to the witness Smith, and also to Roberts.
Cross-examined. Q. How long have you known Stacey do you say? A. Eleven or twelve years—I have never known him as a maltster at Plymouth—I did not know that he lived at Plymouth—I never heard it—I heard that he lived at Exeter or near Exeter—I heard that he had been a miller; his son told me so, that was all I got it from—I believe a miller and maltster are nearly the same in the country—I have been to Weymouth and made some inquiries—I heard that he was paralysed while he was in Exeter gaol—I think I have known him twelve years in London, off and on at different times, and I have known his wife, Mrs. Stacey.
WILLIAM SCALES . I live at Bell-alley, Goswell-street, and am carman to Mr. Cherry—I have known the prisoners about eight or nine months—they came to my master's in November, to have some goods moved from Dane street to Copenhagen-street.
MR. RIBTON to JOHN HARVEY. Q. You speak of the prisoner being in Exeter gaol, did you hear at the time that he was in prison there for debt? A. Yes; he was paralysed while he was in the gaol—I can only go by what his son told me—I cannot prove it.
GEORGE BRYNE . I am superintendent of police at Weymouth—I am forty-two years of age, and have been an inhabitant of Weymouth all my life—I know no maltster there of the name of Chesterfield or Stacey.
Cross-examined. Q. Are there many maltsters in Weymouth? A. Three or four; Mr. Debnish is one and Mr. Westburne another—Mr. Flowers has been a brewer and maltster; he is collector of rates now; he is not here.
MR. SLEIGH. Q. Was Mr. Flowers here on the List-occasion? A. Yes, he was in London; he came up with me for the purpose of the trial—he is between sixty and seventy years of age—he is now confined to his bed by bronchitis.
----MERCER. I am a plasterer of 8, Bousfield-terrace, Holloway—I knew the hosier's shop at No. 6—it was opened three months ago, and closed three weeks afterwards—a man named John Cartwright was the proprietor—I saw the prisoner Elsom there—he was known to me as William the shopman—I was not acquainted with his sirname—I saw him there the last week that the shop was open, and I saw him previous to that, as a visitor I supposed—I saw him once in the shop parlour—I have seen him there in the evening as well as in the daytime—I have seen Cartwright in custody.
JOHN SAUNDERS . I am a tobacconist of Ivy-lodge, Holloway—I knew the hosier's shop in Bousfield-terrace; it is right opposite my door—I saw the female prisoner there once and Elsom twenty or thirty times—I have seen them all there—Cartwright shut the shop up, about six weeks ago as nigh as I can guess.
ROBERT WAY . I am assistant to Mr. Mallard, a pawnbroker of the Caledonian-road—this carpet (produced) was offered in pledge on 3d November, by the prisoner Stacey; a young woman was with him—it was not the female prisoner.
MR. RIBTON contended that the Prosecution had failed to establish that the pretences proved, were false pretences; and that they had also failed to prove that the goods were obtained by false pretences, as, if the man had obeyed Mr. Hird's orders, the goods would never have been delivered. THE COURT considered that the goods were not obtained by the false preteneces, and therefore that the first count failed; but that there was evidence for the Jury on the counts for conspiracy.
ELIZABETH STACEY— GUILTY of Conspiracy.
ELSOM— GUILTY * of Conspiracy.
PETER STACEY— GUILTY ** of Conspiracy.
Confined Eighteen Months each.
PLEADEDGUILTY .**— Confined Twelve Months.
PLEADEDGUILTY .— Confined Nine Months.
He received a good character.— Confined Six Months.
PLEADEDGUILTY .— Four Years Penal Servitude.
The prosecutor stated that the prisoner had falsely accused other persons in the employ of the robbery.
PLEADEDGUILTY .— Confined Three Months.
NEW COURT.—Monday, December 13th, 1858.
Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. MARSHALL conducted the Prosecution.
MARGARET MCLEAN . I reside at 67, Bryanstone-street, Portman-square—the house is my property—it was furnished—I had to let it, and the prisoner made application to me with reference to it—it was about the middle of March; I do not remember the day—he stated that he was an agent, and wanted a furnished house for Dr. Davis, M.P. for Cambridgeshire, and that mine was just such a house as would suit him—he said, "I am his man of business," and that he formerly lived in Cavendish-square—he gave me his address, and he mentioned some bankers as Dr. Davis's bankers—he said I should inquire there—he said he had known him for years, and he was a gentleman of large property—Dr. Davis came next day by himself—he said he was Dr. Davis; he looked at the house and approved of it—the prisoner called on the following day, in the evening—he said he had seen Dr. Davis, that he approved of the house, and that he should like me to give it up to Dr. Davis as soon as it was convenient—I said, "I cannot let you have it before 30th March." A few days afterwards the prisoner and Dr. Davis came together about 9 o'clock in the evening; I cannot say what day that was—I signed an agreement which the prisoner took away and said he would get it stamped at Somerset House—I saw the prisoner again afterwards repeatedly, and on 30th March he came to the house and brought a man that he represented was his agent, to take an inventory—Dr. Davis came about 9 o'clock at night, and I agreed to let the house to him for twelve months at 260l. a-year—I delivered up three keys, the front door key, the area door key, and the area gate key, to the prisoner's man—there was one small room which I did not let, a store-room which was not included in the agreement—I had in that room a quantity of Brussels carpet, candlesticks, a sofa
cover, a table cover, and a pair of boots—the door of that room was locked, and I kept the key—I did not deliver up the key of that room nor any key that would open that door—Dr. Davis came about 9 o'clock that night, and the clerk and the prisoner were there—I went away about 11 o'clock—I then left the prisoner alone in the house—he promised he would let me have a quarter's rent in advance the next day, which was Wednesday—I promised to meet him at 13, New Quebec-street at 11 o'clock, a Berlin wool shop, kept by some persons who I have known for years—I went there about 11 o'clock and waited all the day; the prisoner did not come—I went about 7 o'clock in the evening to 67, Bryanstone-street, and could not get in—I went again on the Thursday and the following evening; I could not get in, and the house appeared to be empty—I had a latch-key belonging to the front door—I went to the police-station, and on Saturday, 4th April, I went with a policeman and got into the house—the store-room was broken open, and everything valuable was gone—I never saw them afterwards—they were worth 5l.
Cross-examined by MR. RIBTON. Q. How often did you see the prisoner before you gave up the house to him? A. Half-a-dozen times—he was alone every evening, but on 13th March, Dr. Davis came to look over the house, and he came with the prisoner to make the agreement—I gave up the key on Tuesday, 30th March, to the clerk; he left and said he must go to shut up the office—the prisoner did not say ho came from Mr. Cruse, he said that he was Mr. Cruse—he gave me a card—I did not think anything of it, and took no care of it—I have looked for it, and tried to find it—when the clerk left, the prisoner and I were alone in the house—there was no dispute about the rent—I asked him for the rent, and he said he was to pay it for Dr. Davis—I had not said anything to Dr. Davis about it—he told me he left Mr. Cruse to transact the business—there were three charwomen in the house; I had sent them to clean it up—they were in the house all day—I sent for them the first thing in the morning early—I opened the door and let them in—I knew them—I was living there—I slept there the night before—neither of the charwomen had a key of the door—one of them came in with a key, but that was before 9 o'clock, when she went out for 3lbs. of rump-steaks for Dr. Davis and the men—when she came with the steaks, she let herself in with a key of my own—she returned that key to me that night.
Q. Do you know that a woman was seen leaving the house the next evening with a box? A. I believe it was two boys and a box who left the next morning—I did not see it—I heard it from a lady next door who saw them—there were fenders and other articles that I was to supply—I kept a copy of the agreement; I have not got it—the banker I was to refer to was Sir Claude Scott in Cavendish-square—I arranged to give the prisoner five per cent. for letting the house—I have never got the keys back, I have never seen them since—the prisoner wanted to know what I had in the private room, so I showed him—it was about 7 o'clock in the evening of the next day when I went to the house; I knocked at the door and rang, I expected to find the servant—I expected to get the rent the day before—they kept me till 11 o'clock at night, I could not stop longer—I understood that the rent was to be paid before Dr. Davis came in—I expected to see Dr. Davis there the next day, he said he had not got his luggage from the Ship Hotel—I went with the policeman on Saturday, 4th April; the door was merely on the latch—we walked in, and found the room door broken open—the three women were women I had often employed; I
knew where they lived—I did not tell the policeman when he went into the house, about the charwomen—when before the Magistrate I told their names and where they lived—one of them was at the police-court, the other was ill, and could not come—one of them attended provided she was called—I had told a policeman about them before; I can't say when; it was after the prisoner was given into custody—I told him the charwomen knew about taking my carpet and things in the room—it was in consequence of that he asked me to give him the names of the charwomen and where they lived—I gave the names of two, the third one was up-stairs and knew nothing of it—it was not her who went for the rump-steaks, it was one of the two.
MR. MARSHALL. Q. It was arranged that you should give five per cent. to the prisoner, did he ever apply for that? A. No, he asked me where I kept my private room, I took him and showed it him—I showed him what it contained—he did not go in, he looked in at the door—the card he gave me was similar to this (produced), it had the same writing on it, "Mr. A. Cruse, surveyor and land agent, 7, Maddox-street, Regent-street."
THOMAS KNIGHT (Police-sergeant, D 19). I accompanied Mrs. McLean to the house in Bryanstone-street, but not when she went in first—that was on Saturday, about the 4th or 5th April—she showed me the store-room—the door was opened from the back parlour; it had been forced open by violence, and between the back parlour and the store-room I found it had been forced by these tongs, which are broken on one side and the other side is bent—six or seven boxes in the room had been broken open.
Cross-examined. Q. Did you not say that it was done with a jemmy? A. I said that it might have been done with a jemmy, or with such an instrument as this—I did not change my opinion after I saw the tongs, but I requested to see it again, as six or seven months had elapsed—at the police-court in November, I said some force had been used to the door—it might have been done with a jemmy or something else—the tongs were shown to me in April, they were bent then—I examined the door then—Mrs. McLean told me the names of the charwomen on 4th November; I did not get the name of the third woman.
MR. MARSHALL. Q. Did you find any address card on the prisoner? A. No, the other policeman did.
NOT GUILTY .
(See Third Court, Thursday.)
MR. CARTER conducted the Prosecution.
JOHN M'GARRY (Policeman, G 119). On 7th October, I was on duty in Chapel-street, between 8 and 9 in the evening—I was called to assist in taking some prisoners to the station; I went with sergeant Greaves and D 221—I then went back to my beat in Chapel-street—I met a mob of ten or fifteen men, the prisoner was there—one of the men said, "This is one of the b----s who took Dick from the theatre;" and one of the men struck me with his umbrella on the head—I attempted to take him—he ran, and I overtook him in Lisson-street—that was Evans—several persons said to him, "You b----r, throw yourself down and we will see that he don't take you"—a man then struck me in the mouth with his fist and made my mouth bleed—I drew my staff and took him in custody—I then had Evans and the other man who struck me—the prisoner then struck me on the top
of my head with something that he had in his fist, and that he kept in his fist—my hat was off—I did not see what it was—the effect of the blow on my head was very bad—I did not feel it at the time, but I did afterwards—it made my head bleed, there was a wound occasioned on the head—I took hold of the prisoner and the man who struck me on the mouth—the mob rescued the prisoner—I got some assistance and took the man to the station—I went to a surgeon, and in half an hour afterwards I saw the prisoner in Lisson-street coming out of a public-house—I took him in custody and took him to the station—he said, "You make a mistake in me, it was not me who struck you"—I made no reply because I knew him before—I am sure he is the man—I did not know his name, I knew him by sight.
Cross-examined by MR. RIBTON. Q. Had you seen him before that night? A. Yes; in Lisson-street, walking in the street like other men, and coming out of public-houses—this happened about a quarter before 9 o'clock—there was not a great row—when the prisoner struck me, I had Evans and another man in custody for assaulting me—I don't know the name of the other man—I took both of them—it might be about five minutes before that that they had assaulted me—they assaulted me for having assisted sergeant Greaves and 22l. with prisoners to the station—there might be fifteen persons there—Evans came up about five minutes before the prisoner struck me—Evans was with the prisoner when they came up—it was about an hour afterwards when I saw the prisoner coming out of a public-house—none of the crowd offered to assist me—I called upon them; one woman went and called two constables to my assistance—I did not call on any one else to assist me, because they were all the prisoner's friends—they were all militiamen who had been disembodied that day—I had seen a good many of them with the prisoner.
HENRY HUNTER RAYMOND . I am surgeon to the D division of police—I saw McGarry on the morning after the occurrence—I found a wound between one and two inches long, dividing the scalp down to the bone on the top of the head—it seemed to me to have been done with some heavy instrument and some considerable force—it was done with a blunter instrument than a knife—it was certainly a dangerous wound; it might have caused erysipelas—he is not on duty now—he did go on duty, but he had a relapse—he attended his duty two days; then he returned to my care, and he is very ill now.
GUILTY .**— Confined Two Years.
OLD COURT.—Tuesday, December 14th, 1858.
ROSE; and Mr. Ald. PHILLIPS.
Before Mr. Recorder and the Second Jury.
92. HENRY BELCHER (33) was indicted for stealing the sums of 22l. 5s., and 3l. of Alexander Ridgway, and another, his masters; also for unlawfully obtaining 4l. 14s. of James Maximilian Webb, and another, by false pretences; also for unlawfully obtaining 5l. 15s. from Edward Ablewhite by false pretences; to all which he
PLEADEDGUILTY .— Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
WILLIAM CRIBB . I am an estate and monetary agent, in partnership with another gentleman, at 14, St. Swithin's-lane. I have known the prisoner for the last three or four months—early in September he brought me two bills, one for 40l. and one for 20l.—he brought the 40l. bill first, and asked me to get it discounted for him, bringing at the same time two policies of insurance as security, worth 72l.—those are the bills—I know the prisoner's writing—I think the filling up of the body of the 20l. bill and the signature of the drawer is his writing—I know nothing about the writing of the acceptor—I believe this other bill is also his writing. (The 20l. bill was here read, dated 1st September, 1858, drawn by James Bayliss upon Mr. J. B. Marshall of Anderson-street, Chelsea, at two months. Accepted, payable at the London and Westminster Bank, B. Marshall.) The 20l. bill was brought after the first transaction—he merely asked us if we could obtain another discount for the 20l. on the same security—when he brought the 40l. bill, he asked if we could obtain the discount for it upon that security—we said no doubt we could—we then presented it to Mr. Jones, and he said yes, provided the policies were right—I subsequently handed the bills to Mr. Jones, and he discounted them—he gave me a cheque which I handed over, less the commission—I saw the prisoner several times subsequent to the transaction of the 20l. bill—I think we had some casual conversation about the bills, because one of the policies fell in, the party having died—there was no conversation between us as to who or what the acceptor of the bill was.
In reply to the court MR. SLEIGH stated that the acceptor of the bill was not forthcoming, and he had no evidence to show guilty knowledge on the part of the prisoner.
NOT GUILTY .
There was another indictment against the prisoner for uttering the 40 l. bill, upon which no evidence was offered. At the request of the prisoner the bills were impounded, in order that he might take proceedings against Mr. George Marshall, from whom he stated he had received them.
94. THOMAS DOW (53) , Stealing, on 4th November, 50 gross of corks, value 4l. 3s. 4d., of John McGregor. Second Count, stealing, on 9th November, 50 gross of corks. Third Count, stealing, on 10th November, 100 gross of corks.
MR. CARTER conducted the Prosecution.
GEORGE BATES . I am a warehouseman in the employ Messrs. May and Ireland, 31, Bush-lane—Mr. McGregor had offices in the same house in November last, he has not now—in the beginning of November he made some communication to me. On the 10th November I saw the prisoner and a porter standing outside, at the time we were getting a hogshead of sugar into the warehouse, and when we had got it in, the prisoner and the porter came by us and went to the further end of the passage where the corks lay, and the prisoner asked me to give the porter a lift on his back with them—I did so, and asked him if it was all right—he said, "Oh, yes, it is quite right, they belong to me"—I said I did not think it was quite right—he told me he was in partnership with Mr. McGregor, and that they belonged to him as much as to Mr. McGregor—I got him detained while I went and called Mr. McGregor down, and he got a policeman and gave him in custody.
Cross-examined by MR. RIBTON. Q. Are there many persons living at this place? A. Yes, a great many; seven or eight different parties—Mr. McGregor's office was on the second floor, and there was another party also on the second floor—I think Mr. McGregor had the front room—I never was in there but that once—this was about 2 o'clock in the day—there
were a great many persons about—the prisoner went up the stairs with me—Mr. McGregor came down first and told him he should detain him and go and get a constable, and the prisoner walked up into his room, and said he was in partnership with him, and that they belonged to him—the corks were not in Mr. McGregor's room, they were lying on the ground floor in the passage—I never saw anything of Mr. McGregor's there before—they had been lying there three or four days, I think—Mr. McGregor had not told me to watch—he said he thought he had lost a bag or two of corks—he did not tell me to stop the prisoner, because he did not know who it was—I am sure he did not mention the prisoner's name—I cannot tell how long Mr. McGregor had been there—he had been there a good deal too long—I believe he had never paid any rent—he is gone away, and we do not know where he is; I should like to see him and so would the landlord—the prisoner said in his presence that he was in partnership with him; he had said so to me before—he said the corks were as much his as Mr. McGregor's, and he used the word "partnership" also.
MR. CARTER. Q. I suppose these corks were very bulky, were they not? A. Yes, the porter said he was not able to lift them up himself.
WILLIAM MCCARTHY . I am a porter, and live at 19, Great Wild-street, Lincoln's Inn Fields. I know the prisoner—I have seen him twice, that is all—I saw him first on 9th November, at the Fox-under-the-hill; he had a sack of corks there—he asked me if I would take them; I said that I would, which I did—I took them into High-street, St. Giles', and he paid me and left them at Mr. Bridges'—he paid me 1s. 6d. for carrying them—he said if I came down with him in the city he would give me half-a-crown—we were to meet at the Fox-under-the-hill—we met there next day about half-past 12 o'clock, or from that to 1 o'clock—we came down by the halfpenny boat; we came to 31, Bush-lane, Cannon-street—he went in before me, I stopped outside with my knot—he came out in about three minutes time and and said, "Come on, put your knot on"—I went in and he took me along a back entry, and there was a great sack at the end of the passage—he said, "Put that on your knot"—I said, "I cannot; give me a lift up"—he said, "No I won't"—he called one of the warehousemen, and said, "Give this man a lift up," which he did—as I was coming along, a gentleman came up and said, "Where are you going with that, my man?"—I said, "I do not know"—the prisoner was along with me—the gentleman said, "Who ordered you to take it?"—I said, "That gentleman," the prisoner—the gentleman kept the prisoner there, and told me to take it back to where I found it, which I did; and he sent for a policeman and gave the prisoner into custody.
John McGregor was called upon his recognizance and did not appear.
NOT GUILTY .
PLEADEDGUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
Hampstead-road—a little after 6 o'clock in the evening of 15th November, I was in Russell-square, and was accosted by the female prisoner and a boy—they both stopped me, and asked me the way to Tottenham-court-road—I directed them, they were a long time before they could understand me—during that time the woman and the boy were close to me—I had before this a purse in my pocket containing 15s.—I had felt it in my pocket the moment before they accosted me—they were some minutes close to me—I had my purse in a pocket attached to my dress under the top flounce—it was easily come-at-able; I generally carry it in my hand, but being early in the evening I was not afraid—the instant they left me, before they had got above a yard, I felt for my purse and found it was gone—at the same time a gentleman came up and asked me if I missed anything—I said I missed my purse—I cannot say whether the female heard what passed—the gentleman and I went after her and overtook her—the boy ran through a turning facing us, and ran away—just after the boy ran away, a man came up and asked what was the matter—I believe the male prisoner to be that man—he asked what was the matter—I told him that I had been robbed, and would he fetch a policeman?—he said, "I think we had better walk on, we shall see one presently," and we walked on—the gentleman, and I, and the prisoners—the prisoners walked very close to each other—I said something to the gentleman, and he said to the male prisoner, "Don't go so close to that woman;" the man directly turned round and took hold of the gentleman's collar, and punched him in the face on each side severely, and got him down on the ground—I turned round to see what they were about—the gentleman said, "Never mind, you keep your eye upon the woman—she began to run—I followed her leaving the man and the gentleman—as I was running after her, some one behind me knocked me down—I could not see whether it was a man or a woman, but I believe it to have been a man—I fell down—I got up again and still ran after the woman, crying out "Stop thief!"—after she had run some distance, a gentleman stopped her—we stood a few minutes together—the prisoner said, "We had better walk on, we shall see a policeman presently"—I said, "No, I have had one run, I wish you to remain here until a policeman comes"—I am sure she is the woman—I never lost sight of her.
Cross-examined by MR. RIBTON (for Ann Richardson). Q. Had you ever seen the woman before? A. No; I had just come from home—I had taken my purse from home with me—I had not occasion to use it—I felt it a short time before this happened—I could not have it in my pocket without feeling it, it was very heavy—I could feel it as I walked—I did not put my hand in my pocket—I had not met any person or spoken to any one until the woman and the boy came up to me—I was going towards the Foundling Hospital—it was dark—they met me—I think it was the boy that asked me the way to Tottenham-court-road, and the woman entered into it with him—she had on a bonnet and I believe a veil—they turned round and kept by the side of the railings of the square—I told them they had not gone in the right direction—they had only gone two or three steps when I went up to her—I felt that the purse was gone when they left me—they had not walked any distance with me—they were standing with me while I was directing them—it was then that the purse was taken—I believe the gentleman saw it done—he was standing very near—I think the woman was apprehended in Montague-street—she did not deny all knowledge of me—I believe she said she knew nothing about it—I was quite sure of her at the station—I did not say I could not swear she was the
person—I believe a lady came in on another case who had been robbed—I do not know what that lady said—I can scarcely say whether the female prisoner was shown to that lady, I was very unwell at the time—I cannot say what she said—I did not say that I could not swear to her—I am quite sure that I can swear to her.
Cross-examined by MR. METCALFE (for Thomas Richardson). Q. You did say that you could not swear to the man, did you not? A. I did say at first that I should not like to swear to him—I said I thought he had a hat, but I would not be sure—I did not say that because I heard Mr. Bennett say so—I said so first—I never said he had a cap—the constable said he thought he had a cap; when I saw the prisoner he was in a room at Bow-street—he was with a number of others for me to identify him—he was not pointed out to me—I said he was very like the man, but I should not like to swear to him—the constable came for me; he said I was to go and see whether I could identify the man.
THOMAS BENNETT . I live in Henry-street, Pentonville. On Monday evening, 15th November, about 6 o'clock, I was passing through Russell square on my way to Tottenham-court-road—I was running across the road being in a great hurry—I heard the prosecutrix say to the female prisoner, either that they were going in quite the right direction or coming in the wrong direction—this excited my suspicion, and I stopped—I saw the female prisoner screening a young lad who was in the act of fumbling at the prosecutrix's dress—I cannot say whether he was abstracting the purse from her pocket, but it looked very much like it; at that moment the female and the lad left—I directly asked the proeecutrix if she had lost anything—she felt, and said yes—I turned round—the female prisoner was not more than three or four yards from us at that time—the lad ran on round the square—I held the female—she said, it was not her—I said I knew it was her, and I should detain her—at that moment the male prisoner came up and asked, "What is the matter?"—the proeecutrix told him that she had lost her purse—he advised her to walk towards King-street to a police-station which he said was there, and he would find a policeman—I told him there was no station there, but there was one in George-street—he said, the best way was to walk through Keppel-street—I said, "Very well then, have it your own way and walk on"—I and the prosecutrix walked behind—the prisoners walked towards Montague-street, and when they got to the corner they were very close together—I stepped between them—the male prisoner turned round and asked what I meant, and tried to knock me down—I caught bold of him and he put his foot behind me, threw roe down, and fell upon me—there was another man in company with them, standing close by at the time, and when I was on the ground he came and held me down, saying at the same time, "Don't hurt the man while he is down"—the male prisoner got up and they both ran away—I ran after them up Montague-street—I am positive that the male prisoner is the man that threw me down—the lamps were lighted—it was immediately under a lamp that he turned round and asked me what I meant, and I had a full view of him, and also when I caught hold of him—I am quite positive he is the man—I got up, got my hat, and followed him, and as I was running I found that the other party who had had hold of me while the prisoner got away, had knocked down the prosecutrix—I saw him do it—I overtook the female prisoner as she was running, detained her, and gave her in charge.
Cross-examined by MR. MCDONALD. Q. Which prisoner did you see
first? A. the female; the lad was not with her then, he had gone on—he was a young man about sixteen or seventeen I should think—I believe there were two persons by at the time—I did not see any policeman—I gave the cry of "Stop thief!" when the prisoners ran.
Cross-examined by MR. METCALFE. Q. In what part of Russell-square was it that you first saw them? A. Midway between Bedford place, and Keppel-street—they were on the garden side of the square, near the railings—the male prisoner came up about five yards from where I first saw the female—I had then taken hold of the woman—it was the other man that knocked the prosecutrix down, not the prisoner.
MICHAEL HAYES (Policeman, E 165). The female prisoner was given into my custody in Montague-place. The prosecutrix charged her with stealing her purse—She said, she did not do it—the male prisoner was standing by at the time, about three yards off—I took her to the station—he followed—as we were going along he came up close to her twice, and tried to speak to her.
THOMAS HILL (Policeman, I 158). On Tuesday 16th November in consequence of a description I received from the prosecutrix, I apprehended the male prisoner in Little Earl-street, Seven Dials—I told him that he was charged with another who was in custody, with stealing a purse in Russell-square—he said he knew nothing of it—I have known both the prisoners, and know them to be living together in Great St. Andrew-street—I cannot say for how long—I have often seen them in company together, in Broad-street and High-street, close to Tottenham-court-road.
THOMAS BENNETT (re-examined.) When I first saw the female screening the boy, I saw the male prisoner and another man, one on each side—I don't know that I have mentioned that before—they were standing on the pavement—I believe the male prisoner to be one of them—I cannot swear he was the same person, but he came up directly after, and I did not see any other man.
Thomas Richardson was further charged with having been before convicted.
JOHN FLOYD (Policeman, A 446). I produce a certificate. (Read: "Middlesex, July, 1855, Thomas Cook, convicted of Larceny from the person. Confined Twelve Months.") I was present at the trial—the prisoner is the person who was then convicted.
THOMAS RICHARDSON.— Six Years' Penal Servitude.
ANN RICHARDSON.— Confined Eighteen Months.
MR. RIBTON conducted the Prosecution.
JOHN PALMER DELAFONS . I live at 13, Carlton-hill, St. John's-wood—I have known the prisoner some few months—I have been in the habit of lending him some small sums of money, in order to bring out a publication which he said he was going to publish—he came to me in October last, and presented this letter—I rather think he sent it in to me—I don't recollect whether this bill was enclosed in it, or whether he put it into my hands when I saw him—my servant brought the letters in to me—I saw the prisoner afterwards, and gave him the money—I don't recollect in particular what he said—he asked me to discount the bill for him; he had asked that in the letter—I know his handwriting—that letter
is his writing—(The letter was here read, also the bill dated the 1st of October drawn by the prisoner on Randall & Co, of High-street, Southampton, at two months payable at Barnett, Hoare & Co.)—I gave him the money for the bill—I did not charge him any interest—he had been employed by me to try and sell a Pamphlet that I had published, showing up the Tom Fooleries of the age.
Prisoner. Q. Did I not tell you that it was for a friend who asked me to get it cashed for him. A. Certainly not; I am quite positive about that—I should not have done it for any one but yourself—you said that you had received it in payment of some eau-de-cologne—I knew you to be in distress—I did not know Mr. Randall at all—but I had no doubt of the respectability of a party living in High-street, Southhampton—I never saw you afterwards—I received a letter from you, but nothing in reference to this.
WILLIAM BRODERICK RANDALL . I carry on business in High-street, Southampton, with my father, under the name of Randall & Son—there is no other firm of that name in High-street, nor in Southampton—the acceptance of this bill is not my handwriting, nor the writing of anyone in the firm—I don't know the prisoner—I never had any dealings with him—I do not believe I ever saw him until he was at the police-office—he was never authorized to accept a bill for me—the writing is not the slightest imitation of mine.
Prisoner. Q. You are not able to say whether you knew my father or not. A. I was not able to do so the other day, but I am now—our firm had had business transactions with a Mr. Burnham Hall, who lived in Mincing-lane.
MR. RIBTON. Q. How, long ago was that. A. In 1838 and 1840, not since.
RICHARD BRAND (Policeman, S 7). I took the prisoner into custody on 4th December, at 13, Middle-Serle's-place, Temple-bar—I told him he must consider himself in my custody, for obtaining, about two months since, the sum of 5l. of Mr. Delafons by means of a forged bill of acceptance—he said, "I did not forge it, that I shall be able to prove."
The prisoner read a long defence, in which he asserted that the bill in question was given him by a person of the name of Henry Hallows, a former acquaintance of his, who after losing sight of him for some years, he met in London, and who requested him to forward a quantity of eau-de-cologne to Messrs. Randall & Son, of High-street, Southampton, who had given him an order to obtain it.
GUILTY .—Recommended to mercy.— Confined Eighteen Months.
PLEADED GUILTY .— Five Years' Penal Servitude .
NEW COURT.—Tuesday, December 14th, 1858.
Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADEDGUILTY .— Confined Three Months from the expiration of his other sentence.
(See Third Court, Tuesday.)
PLEADEDGUILTY .— Six Years' Penal Servitude.
PLEADEDGUILTY .— Confined Nine Months.
PLEADEDGUILTY . †— Confined Two Years.
PLEADEDGUILTY .— Confined Nine Months.
PLEADEDGUILTY .— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOB GRUNTER (Policeman, M 104). I produce a certificate of the prisoner's conviction. (Read: "Central Criminal Court, September 1857.—George Beeman convicted of unlawfully uttering counterfeit coin. Confined Nine Months.") The prisoner is the person.
LUCY WILLIAMS . My father keeps the Bell at Ealing—on 19th November, I saw the prisoner in company with another man—the other man came in and called for half-a-pint of ale—the prisoner did not come in—the price of the ale was 1 1/2 d., I served the man, and he gave me a shilling—I put it in the till by itself, and gave him change, and he went out of the house, and joined the prisoner who was about thirty yards off in the yard—they remained together, and went away together—when the man went out of the house, I looked at the shilling, bent it, and gave it to the ostler, he gave it to the policeman—when I first saw the prisoner and the other man, they were about thirty yards from our house.
Prisoner. Q. I was not in the yard at all, did you see me there? A. Yes—I did not go out of doors—I was in the bar—I saw you go by the bar window together, and go down the yard—I did not hear you speak together—there is a thoroughfare into our yard.
were going down the path about 150 yards from the house towards Ealing—I followed, and saw them both talking togther—when I got within about ten yards of them the prisoner went on first, the other man kept on at the same pace—I passed him, and went on and collared the prisoner—I said, "I want you, if you please"—he said, "What for"—I said, "Come back, you have been passing some bad money"—directly I said that the other man escaped—I brought the prisoner back to my master's—as we came back he wanted to go somewhere, and I let him go into a place where Mr. Harvey puts his shutters—I there saw the prisoner pull something out of his pocket and put it behind the shutters—three shillings went behind the shutters; one shilling dropped on this side the shutters, and he kicked it with his foot between the wood and the bricks—after I took the prisoner back I returned there, and found three shillings behind the shutters, and one shilling between the board and the bricks—he gave me a half-crown, and said, "Take this and pay for the beer, and keep the change; I want no bother about it"—I kept that and him too.
JOSEPH GUYER (Policeman, T 197). I went to the Bell Inn on 19th November, about 4 o'clock in the afternoon, and took the prisoner—I found 1s. 11 3/4 d. in copper on him, six sixpences, two combs, and a knife—I received a half-crown from the last witness, and these four counterfeit shillings and one shilling from Miss Williams.
Prisoner. Q. Where was I when you searched me? A. At the station—you took the money out of your pocket and gave it to me.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this shilling that was uttered is bad—these four shillings are bad—three of them are from one mould, and the other is from the same mould as the one that was uttered.
Prisoner's Defence. I know nothing at all about it; the 1s. 11 3/4 d. I had in half-pence, and the six sixpences I received from my foreman. I was making my way to Brighton, where I thought I should get work.
GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
RHODA HARRIS . I am the wife of Edwin Harris, who keeps the Star beershop in Whitechapel. On 7th November the prisoner came and asked for a glass of beer—I served her; it came to 1d.—she gave me a shilling; I gave her 11d. change, and she went away—I found the shilling to be bad, and put it in a till where there was no other shilling—I spoke to my husband—he took it out of the till; there was then no other shilling in it—the prisoner had been there before on the Saturday night for a glass of beer and gave me a penny and had a farthing change; and on the 7th she gave me the bad shilling—on the 15th she came again in company with another woman—she asked for a pint of beer: it came to 1 1/2 d.—I served her—she gave me a shilling, which I found to be bad—my husband came out, and I said, "This woman at the bar gave me a bad shilling on Sunday, and she has given me another now"—my husband told her he would give her in charge for passing a bad shilling on the Sunday week—she said she was there, but she never gave me a shilling—my husband marked the last shilling.
was gone I took that shilling which I found in the till by itself; I marked it and went in search of the prisoner but could not find her—on 15th November I was in the bar parlour; the prisoner and another woman came in—my wife called me from the room and said, "Here is the same woman that passed the bad shilling on Sunday"—my wife gave me a shilling and said, "Have you got two sixpences for a shilling?"—I looked and found the shilling was bad—I told the prisoner I should charge her with passing two bad shillings, that one and one on Sunday the 7th, and that she was there on the Saturday—our potman fetched a policeman—I said I should not have given her in charge if she had not brought a bad one this time—she said that I could do as I liked.
JOSEPH LINEHAM (Policeman, H 128). The prisoner was given into my custody at Mr. Harris's—she said she had got the shilling in change for a 2s. piece for something she had bought—she did not say anything about the former one—I produce these two shillings which I received from Mr. Harris.
Prisoner. I told the policeman I had not given the first shilling. Witness. No; you told no such thing.
The prisoner's statement before the Magistrate was here read as follows:—"I went to the Lane and changed a 2s. piece—I bought a victorine—I received a shilling change—I tendered the shilling at Mr. Harris's—Mrs. Harris served me; she took the shilling up and put it in the till with a lot of other silver—she went to her husband and asked if he had got two sixpences—I deny being there on the Sunday."
Prisoner's Defence. I was there on the 15th—I am a bonnet-maker—I went and bought this victorine I have on, and gave a shilling for it—I went to the house and I gave my address in Back-church-lane, where they are respectable, hard working people—she took the shilling and put it in the till, and they were ten minutes whispering together—he then said he would give me in charge, and it was the third one I had passed—she first said it was on Tuesday, and then he said Thursday—I never knew it to be bad—my friend who was with me was willing to be searched—they did not take her but took me.
GUILTY .— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN STUART . I assist my father-in-law, who is a wire-drawer and bugle merchant in Bunhill-row. On 24th November, the prisoner came to the shop and asked for a pennyworth of bugles—I served her—she paid me with a good half-crown—I gave her 2s. 5d. change—the shillings were good I can positively swear—I noticed that they were both old shillings, of the reign of George the Third, or George the Fourth—the prisoner took them up, put them to her mouth and instantly threw down a shilling, and said, "This is a bad one—I can tell a bad shilling in a moment"—the shilling she threw down was a Victoria shilling—I said, "If it is bad, you have changed it; I am sure what I gave you were good"—my father-in-law was there—he is rather deaf—I told him of it, and said the best thing was to send for a constable—the prisoner pretended to get up a cry, and said she would go to her mother—my father-in-law detained her—I went for a constable, and she was given in charge—I went to the station—when she was within 100 yards of the station, she threw something in the road from under
her apron—I saw a man pick it up—he showed it me; it was the bag of bugles, and in the bag was another counterfeit shilling—she kept the shilling that I gave her and I believe only one good shilling was found on her.
Prisoner. I did not know that I had that in my pocket—if I could swallow a good shilling, why could not I swallow a bad one?
FREDERICK SHARMAN (Policeman, G 138). I received the prisoner in custody—I received this bad shilling from Mr. Stuart—the prisoner had in her hand a pennyworth of bugles—one good shilling, and 5d. in halfpence was found on her—she said that was all the money she had got—as we were going to the station I saw her put her hand under her apron and throw something away—I got these bugles and this counterfeit shilling from Mr. Stuart—I spoke to the prisoner about her throwing it away; she said nothiug—while the prisoner was in the shop a man came in and asked what was the matter—he said he was waiting for his supper—the prisoner and he were about a foot from each other—the prisoner stood in front of me and the man on one side—he said he was a hard-working man and she was a hard-working woman.
GUILTY .*— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY COCKINGS . I keep the Queen's Head beer-house, Tottenham-street, Tottenham-court-road—my wife is ill; I have a certificate from the surgeon she is not able to come out—she was examined before the Magistrate in the prisoner's presence, and he had the opportunity of cross-examining her—what she said was taken down in writing—this is her signature to this deposition—(Read: "Mary Ann Cockings—I am the wife of Henry Cockings—on Thursday, 11th November, the prisoner came about 1 o'clock in the day, and asked for a pint of ale—I served him; he paid me 1 1/2 d. in copper—he then asked if Mr. Cockings was at home—I said yes, but he was engaged—the prisoner said he owed Mr. Cockings 6s.; 5s. for lent money, and 1s. for refreshment—he put down a sovereign, and asked me to give him the difference—I gave him 14s. and put the sovereign in a glass—there was no other sovereign there—the prisoner came again about half-past 3 o'clock; he called for half-a-pint of ale, and he put down another sovereign—I said I had not got sufficient change, but I would send out for change—he said never mind; but he was going to Black wall, and he should be much obliged if I would give him what silver I had, and I gave him 12s.—on the next afternoon the prisoner called again and asked for a glass of ale—I served him, and I let my husband know that the prisoner had come—he called him into the parlour and asked him if he knew that the two sovereigns were bad—he said no he did not.)
HENRY COCKINGS (continued.) I received two sovereigns from my wife—they were very bad—I took them to the station when the prisoner was taken, and gave them to the inspector—I remember my wife speaking to me on Friday, 12th November, and I found the prisoner there—he had been there two or three times, but I had only been there six weeks—on the Friday when I saw him there I asked him into the back parlour, and I said, "Are you aware that those were two bad sovereigns you passed yesterday?"—he said, "No, I am not"—I said, "They were very bad"—he
said, "Give them me back"—I said, "No; they are in the hands of the police, and there they shall remain"—he said, "Come with me, I will show you where I got them"—I said, "No, I shall not go further"—he said, "Will you go if this man goes with you?"—I said, "No"—he said if I would let him go he would give me good money for the sovereigns—I said, "No; they are in the hands of the police"—he said, "Let me go; I will give you 5l."—I said, "No; I will not"—he then made a desperate effort to get out, and broke the handles of the doors—it took four men to secure him.
JAMES BENGER (Police-sergeant, E 49). I took the prisoner—he said he passed the two sovereigns, he was not aware they were bad—he tried to get away but I took him—he proposed that if I would go with him he would show where he took them, and if we went to 17, Brook-street, Hampstead road, where his sister lived, he would pay us—I did not go there—I found on him 3s. in silver and one penny—I afterwards went to where he said his sister lived, and it was false.
COURT to HENRY COCKINGS. Q. Did the prisoner owe you 6s.? A. Yes
Prisoner's Defence. I did not know that they were bad, if I had I should not have gone there the next day.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM CAREY . I am a boot-maker, and live in Wrardour-street, Soho. On Saturday evening, 27th November, a person came to my shop to buy a pair of boots—I believe the prisoner to be that person—he tried on a pair of boots and agreed to buy them—the price was 19s., he gave the name of Mortimer, and they were to be sent in his name to 21, Soho-square—I have a boy named Edwin Smith, and I sent him with them about eight minutes after the prisoner went away—the prisoner had not paid for the boots, and I gave the boy a shilling—the boy was gone about a reasonable time to arrive there and to return—he might have been gone about eight minutes—he came back without the boots, and gave me a bad sovereign—I gave it to the policeman.
Cross-examined by MR. METCALFE. Q. Did he try on several pairs? A. No, only one pair—we can always tell what size a person wants—the boy was not present at that time—there was an elder boy there—the shop is not particularly long.
EDWIN SMITH . I am errand boy to Mr. Carey. On 27th November I got a pair of boots from my master, between 8 and 9 o'clock, and got a shilling from him to give change—I was to go to 21, Soho-square to ask for the name of Mortimer—I went and found three 21's, but could not find a Mr. Mortimer—in consequence of that, I was bringing the boots back again, and the prisoner touched me on the shoulder—I am sure the prisoner is the man—he asked me whether I was bringing the boots from the shoemaker's shop in Wardour-street—he took the boots and gave me a sovereign out of his pocket, and told me to go and get change—I told him I had got change, and gave him the shilling and the boots—he told me his name was Mortimer—I brought the sovereign to my master—I saw the prisoner again on the next Monday in Queen-street, Seven-dials—I knew him directly I saw him—I followed him, and he went in a public-house—I fetched a constable and gave him in custody.
Cross-examined. Q. Had you followed him long before he went in the public-house? A. No, only from the top of the street—I did not go close to him—I met him first, but he was on the opposite side of the way—I did not cross over to him—my master did not scold me for taking the money from the man in the street—he told me never to give goods in the street—I told him I had been to the houses and could not find the person—he did not say I ought to have brought the boots back—he said I was not to deliver goods in the street—it was on the green side of Soho-square, where the trees are, that I saw the prisoner, in the middle—the lamps are on the other side, nearer the houses—I was some way from the houses—I was not two minutes looking at the prisoner—he came up from behind me, and touched me on the shoulder—I gave him the boots and the shilling, and he gave me the sovereign and went away—I know him by his coat and his hat and his features.
MR. ELLIS. Q. Where are the lamps in Soho-square? A. There was one right opposite—there are no lamps in what I call the green part—the lights opposite were by the houses—the prisoner did not tell me his name there—the name Mortimer was what he gave in the shop.
JURY. Q. Did he say he was the man who ordered the boots? A. He said was I the boy from the boot and shoemaker's shop—I said, "Yes," and I asked him where—he said, "Mr. Carey's, in Wardour-street."
JAMES CLAMP (Policeman, F 99). On Monday afternoon, 29th November, I was in Great Earl-street—I saw this lad, and he made a communication to me—I went with him to a public-house at the corner of a street in Seven dials—I went in, and saw the prisoner—the boy said, "That is the man," pointing to the prisoner—I told him I wanted him—he said, "What for?"—I said, "Stealing a pair of boots from this lad on Saturday-night last, in Soho-square"—he said, "It is a mistake, I know nothing at all about it"—I took him in custody—this is the sovereign I received from Mr. Carey.
WILLIAM SUDDERY . I am shopboy to Mr. Carey—I was in the shop on 27th November between 8 and 9 o'clock—I saw the prisoner in the shop—my master showed him two pairs of boots, at 19s. a pair—he tried one pair on and told my master to send them to Mr. Mortimer, Soho-square—he left the shop and I saw him no more till he was apprehended.
Cross-examined. Q. Where did you see him again? A. At Marlborough street—I was taken in and asked to see whether I remembered the person who came in—I was shown the prisoner—he was in the dock—when he came to the shop I was altering a pair of ladies' boots—I was three or four feet from him—my master showed him two pair of boots—he tried one pair on.
Witness for Defence.
JAMES MARSHALL . I am in the employ of Mr. White, a hair-dresser, 6, Moor-street—I have been in his employ seven years, and live in the house—Mr. White has not been living there all that time—he lived in Crown street about two years, and in White Lion-street—he has lived where he is now two years—I knew the prisoner at the time he was taken in custody, he was living in the same house, 6, Moor-street—he has lived there about two years—I heard on a Monday of his being taken in custody; on the Saturday before that I saw him in the evening in his own room, the second floor back-room at 6, Moor-street—he came in at half-past 6 o'clock—he knocked twice at the door and I let him in—he went up to his room—I went with him, and had tea with him and his wife; about 7 o'clock a young
man came and knocked for him and he said something—I remained with him about two hours—I went down and got him a bottle of water to wash—I then stopped again with him—I left him about half-past 9 o'clock—I am certain that from 8 till 9 o'clock he was in the house—when I went down to get the water I was down but a few minutes—he could not have gone out without my knowing it.
MR. ELLIS. Q. When did you hear he was taken? A. On the Monday—I did not attend before the Magistrate—I mentioned about my being with him on the day he was committed—he was remanded to 2d December—I heard him go by the name of William Johnson—I never heard him called Prior—his wife was with him—I believe her name was Bannister—I do not know that they have been married—they live together—I think she is now outside.
JURY. Q. How do you know it was as late as half-past 9 o'clock when you left? A. I looked at the time when I was called down as I always do—I do not know what the prisoner's occupation was; I never asked him—he is not at home all day.
COURT. Q. What were you called down for? A. To lather a customer—the prisoner sent me for the water before my master called me—I went up again with the water—that was about ten minutes before my master called me—I stayed down about a quarter of an hour—I then went up again—it was then about ten minutes past 9—I stayed two or three minutes and bid him good night as he was going out—this was Saturday night, rather a busy night; but it is rather slack in the winter—I was in the prisoner's room two hours without being required in the business—I let him in afterwards when he came home—the lathering is my duty—I lather and my master shaves.
JURY to MR. CAREY. Q. Do you recollect the size of the boots the prisoner had? A. Yes, No. 41—looking at his foot would be a guide to me—( The witness here looked at the prisoner's foot at his request) the boots he bought were too small for him—he might have had them on but could not have walked in them—I knew that at the time.
GUILTY . †— Confined Twelve Months.
MR. ELLIS conducted the Prosecution.
MARGARET WELCH . I am the wife of Michael Welch who keeps the Old Star and Crown in Broadway, Westminster. On 1st December, the prisoner came about half-past 9 o'clock at night, called for half-a-quartern of gin and offered me a bad shilling in payment—I made no remark, but said to my servant, "Tell your master I want him"—the prisoner heard me say that and he said, "No occasion for that, I will see all about it," and with that he rushed out of the door and ran away down Queen-square, and the policeman brought him back—I gave the shilling to the policeman and said, "That man has given me this bad shilling."
THOMAS WEST (Policeman, B 53). I was a short distance from the Old Star and Crown—I saw the prisoner run out of the house and he passed me—I heard a cry of "Stop thief;" I pursued him and took him back to the house—he became very violent and I had to get assistance—I searched him and found in his left hand trousers pocket, four sixpences, a fourpenny-piece, and 12 1/2 d. in copper, all good—he gave his address at 11, Union-court, Orchard-street, Westminster—I went there and he was denied.
JOHN BENNETT (Policeman, B 146). I went to assist the last officer, and took the prisoner to the station—when he got outside he was very violent, and I saw him put his hand in his right-hand trousers pocket—he took something out and threw it on the ground; it rattled like money—I could not find it—there were about two hundred persons there.
Prisoner. Where was it you assisted in taking me? Witness. Outside the Star and Crown—I know you were violent inside for I could see you—I had hold of your collar not your arm—you put your hand in your pocket and took something out.
Prisoner's Defence. I went out and changed a 5s. piece, and the landlord gave me all small change—I came along, and a man asked me to give him two sixpences for a shilling—I did so and went in the house and it was a bad shilling—I said I would go and see for the man, but I was pursued and had no opportunity of finding him.
GUILTY .— Confined Six Months.
MR. ELLIS conducted the Prosecution.
WILLIAM GORDON (Policeman, A 336). On 1st December I was in Warner-street, and saw the prisoner standing at the corner by the post—I saw him stop a child about three years old and speak to it—I watched him and saw a piece of coin as I thought in his hand—I approached him—I was in plain clothes, but he knew me and took to his heels—I followed him and stopped him about twenty yards off—he had his two hands in his trousers pockets—I asked him what he had in his hand,"—he said, "Nothing"—I told him to pull his hands out of his pockets; he refused—I threw him down, pulled his hands out of his pockets, and in one hand I found four florins, one loose and three in a paper—I asked him how he came by them—he said first that he picked them up in the street—I asked him where; and he said, "The fact is, they have been given me by a man in the street"—I asked who the man was; he said he did not know—I took him in custody.
Prisoner. I did not run away at all; I was standing with my back against a post—there were several persons round me—he put his hand in my pocket.
Witness. He ran about twenty yards—there were no persons about till I ran after him—I did not put my hands in his pocket, I took his hands out.
Prisoner's Defence. A young man took me up the street and gave me these; he said, "Put them in your pocket, do not open them; here is a penny, we will have half-a-pint of beer"—we did so, and when we came out he said, "You stand there"—I stood with my back to the post and the constable came and took me.
GUILTY .*— Confined Eighteen Months.
MR. ELLIS conducted the Prosecution.
HENRY HILLS . I am a licensed victualler in Lower Thames-street. On 27th November the prisoner came to my house in the evening about 5 o'clock—he asked for half-a-quartern of spruce, and some hot water and sugar, which I gave him—they came to 2 1/2 d.—he laid down a half-crown—I
had a doubt whether it was good, and I said to him, "What is this, a half-crown?"—he said, "Yes"—I put it up over the till and called my potman, and said, "Run and get me change for a sovereign"—I then said, "Never mind, I have some small money up-stairs"—I came outside my bar and backed the prisoner into the tap-room, and sent my man for an officer—the officer came, but before that I hove the half-crown down on the counter, and it fell inside the bar—I remained against the tap-room door till the officer came—I got inside the bar and got the half-crown—I tried it in the officer's presence, in the detector—I am quite satisfied it was the one the prisoner gave me—the prisoner did not make any remark—while he was in the tap-room, he thrust his umbrella over the counter and pressed me very much to give him his umbrella—I said, "No, let that be, it will do no harm"—he asked me to give him the spruce and I gave it him, and while I did that I saw him stoop down by a bucket in the corner—I afterwards examined the place where the prisoner stooped when I came back from the station—I said, "I will lay anything that he has planted something against this coal bucket"—Bryant went into the tap-room and moved the bucket, and by the side we found these eight half-crowns—I took possession of them and took them to the station—they were in a piece of paper, one over the other.
Prisoner. Q. What was your first observation when I gave you the half crown? A. I said, "What is this, a half-crown?"—you said it was—I shoved you back into the tap-room—there were no persons there—I saw you stooping—I did not see you get up—I saw you stoop alongside of the bucket—I turned my head round before I got hold of the glass—the bucket is partly under the seat—there is a table before the seat.
RICHARD BRYANT . I lodge at Mr. Hills' house—I recollect his coming back from the station—I went with him to the tap-room—I looked in the corner by the bucket, and found these eight half-crowns—they were not under the bucket, but by the side, and wrapped in paper.
Prisoner. Q. Were you in the public-house when I came in first? No—I believe there were three seamen in the tap-room when you went in—my master told me to look where I did—the half-crowns were in the tap-room by the side of the coal bucket—they were in paper—I did not try whether they were bad—Mr. Hills was there and three seamen—the table was before the bucket.
BARNARD CASSIDY (City policeman, 518). I was called and took the prisoner to the station—I found on him half-a-sovereign, three shillings, and 1s. 4 1/2 d. in copper, six cigars, a locket, a gilt chain, a ring, a knife, a book, and some paper—I received this half-crown from Mr. Hills, and after we had been at the station some time, Mr. Hills returned and brought one pound's worth of half-crowns.
Prisoner's Defence. The prosecutor states that I gave him the bad half crown, which I admit, but not with a guilty knowledge; and he put me in the tap-room, where he says there were no other persons, but I can positively swear there were ten or a dozen seamen—the bucket spoken of was under a form, and before that form was a table, and I wish to ask whether it is possible that I could throw eight half-crowns under that coal bucket without the prosecutor observing it—at the police-court, the witness said that when he went back he looked about of his own accord, but the prosecutor stated that he directed him to do so—these eight half-crowns were wrapped in
a piece of paper, which is not produced, and which was not large enough to wrap up the eight half-crowns, and if I had thrown them away as the prosecutor states, he must have heard them fall—there was a stool; under the stool a coal-box, and before the stool a table, and I should have had to throw them past the persons there, and Mr. Hills states he was at the tap room door and never saw me throw anything away—they were picked up three-quarters of an hour after I was taken, and in a public tap-room; is it not possible that they might have been placed there by another person—if they had been seen in my possession, then there might have been proof—when I left home, I had a five-shilling piece, a half-sovereign, and a sixpence, but I called at a public-house, and paid my rent—I gave the five-shilling piece, and that half-crown, I believe, was what the man had given me—I went into the prosecutor's house, and gave him the half-crown.
GUILTY .— Judgment Respited.
MR. T. ATKINSON conducted the Prosecution.
HENRY GRUNSDELL . I keep the Eaglet public-house, Seven Sisters'-road, Holloway. On 25th November, the prisoners came into my house in the evening—Higgins called for a pint of porter, and gave me a florin in payment—I found it to be bad—I merely bit it; I did not cut it—I gave it him back, and told him it was bad—he run it round with his fingers, looking at the edge, and he said, "Dear me, so it is!"—he went into the tap-room, got gome coppers from Feast, and returned to the bar, and said, "Dear me; how you frightened me about the-two-shilling piece being bad"—they drank the beer and left the house, and my barman followed them—I had not defaced the coin so much as that any one could perceive it.
JOHN MILES . I am barman at the Nag's Head public-house, Holloway. On 25th November, about 4 o'clock, the two prisoners came in together—one of them asked for a pennyworth of rum and the other a pennyworth of gin—they were standing in front of the bar together—I served them, and one of them, I don't know which, threw down a florin—I bent it with my teeth easily—I threw it back to them, told them it was bad; they gave me a threepenny bit, and I returned them one penny—directly they went out, the barman at the Eaglet came in and spoke to me.
HARRIET STILL . My husband keeps the Cock-tavern at Holloway. On 25th November the two prisoners came into the house—they asked for 2d. worth of gin, and warm water—before they came in, the barman at the Eaglet had spoken to me—they gave me two penny pieces for it—they then called for some more, and Higgins gave me a florin—it was not defaced and had no tooth marks on it—I gave it to my husband.
JOHN STILL . I am the husband of the last witness—I received a florin from her—it was perfectly new—it was not good; I bent it with my teeth—I said to the prisoners "You are pretty fellows to get your living in this way"—my wife spoke to me, and I gave them into custody.
JOHN MC WILLIAM (Policeman, S 203). On the afternoon of 25th November, I was called to take the prisoners—I found on Feast four shillings and four sixpences, and on Higgins 1 1/2 d., all good—this florin was given to me by Mr. Still.
Feast's Defence. I was going to see my sister at Highgate, and I said to
this man, "Will you go with me?"—he said he did not care—we went together, and went into three public houses running—I am perfectly innocent—I never had a bad 2s. piece in my life.
Higginis Defence. I was in company with this man—we went in the first house and he paid 2d.—I came out and looked at the florin, and we said we thought if it was bad, the landlord would have burnt it—at the next house my friend paid a 3d. piece—I went in the other house and had half-a-quartern of gin and warm water—they said the florin was bad—I said "If it is, break it up," and they did—I had nothing but one 2s. piece and 1 1/2 d.
FEAST— GUILTY .*
HIGGINS— GUILTY .
Confined Twelve Months each.
THIRD COURT.—Tuesday, December 14th, 1858.
MR. COOPER conducted the Prosecution.
CATHERINE LUXTON . I am the wife of Joseph Luxton of 61, Minories, a licensed victualler. On Friday, 3d December, in the afternoon, the prisoner came with another man, who I had known for some time as a respectable man—the prisoner asked for some hot water, gin and peppermint, and treated the other man to it—he then desired him to go next door, to the cook's shop, to get something, and being tired of waiting, left—about five minutes after the other man left, the prisoner came, asked for a glass of sixpenny ale, and gave me 6d.—it came to 1 1/2 d.—I opened the till to get change and he could see the silver in it as plain as I could—I shut the till, and went into the bar parlour to stir the fire; I had not had time to do so when, on turning round, I saw the prisoner lying on the counter with the till pulled out, and I distinctly saw his hand in it—his hand was full of silver—I screamed out and ran into the bar—he jumped off the counter, and ran out at the door which was close behind him—I am sure he is the man—it was a little before 3 o'clock—I counted the money in the till, and there was only 2s. 6d. left; I missed about 24s.—on the 7th, about half-past 2 in the afternoon, the prisoner was brought back by the other man—that was four days afterwards—the other man said in the prisoner's presence that he had found him in King-street, Tower-hill, and when he told him what he was charged with he wished to get away, and said that there was another person in the bar at the time—there was nobody there but the prisoner and myself—his friend had gone out before this occurred, but I knew where his friend was to be found, and sent a detective to him—his friend is not here—the prisoner did not contradict what the man said, but denied taking the money out of the till, and said there was another man in the bar, but there was not a creature there.
Prisoner. There was a man sitting on the other side of the bar with his hands on his face—he said, "Cannot you drink the ale?"—I said, "No, it is not hot, it is quite cold. Witness. There was no discussion between me and you, as to whether the ale was hot or cold—I am perfectly certain that you are the man.
JOHN HOPE FEATHERSTONE (City policeman, 526). The prisoner was given into my custody—he said, going to the station, that he was in the house at the time, but did not take the money—I found 3s. 9d. on him.
Prisoner's Defence. I do not know anything about the charge.
GUILTY .— Confined Four Months.
JOHN REED (Policeman, N 202). On Sunday evening, 28th November, about twenty minutes past 7, I was on duty in the Hackney-road, and saw the prisoner with a bundle on his back—I asked him what he had there—he said that the things belonged to him—I asked him to show them to me—he said that he would do nothing of the kind, but if I would take him to the station he would give me satisfaction—I told him that there was no occasion to go there if he would tell me or show me what the goods were—he said that he would not, and walked with me some way to the station; he then dropped the bundle and ran off—I went after him, but could not catch him—I saw him on the Tuesday week afterwards at Worship-street police-court, and identified him—I picked up the bundle; it contained two sheets, three counterpanes, one jacket, two bonnets, and one cape—Mrs. Bowers saw them at the station about a quarter of an hour after I had stopped the prisoner.
LOUISA BOWERS . I am the wife of Robert Bowers, of 11, Counter-street, Hackney-road. On Sunday, 28th November, I was at tea in the back-room on the ground floor with my husband and family—I had left the front room about twenty minutes or a quarter to 6; the window was then shut, but not fastened—I returned at twenty minutes after 7, and found the window open and the curtains torn down—I missed from the bed the articles which the policeman has shown me (produced)—they are all mine.
Prisoner's Defence. When I was at the station the policeman said to the inspector, "Is he anything like the lad that got away from the constable?"—the inspector said, "No, he is not stout enough"—he is not here—I do not know whether Reed was present, but afterwards he came and looked at me, and winked his eye to another policeman.
GUILTY .* †— Confined Nine Months.
MR. RIBTON conducted the Prosecution.
ALFRED LITOFF . I am a bird fancier of Little North-street. On a Sunday morning, about three weeks ago, between half-past 1 and 2 o'clock, I was going towards my home; and when I was in Little North-street I was knocked or pulled down—somebody got hold of my throat, and I became senseless—I had 3s. or 4s. in my pocket, and eight pawn tickets—I was very much injured in the chest, and was taken to an hospital—I was the worse for liquor—I also lost six birds and five cages—I know nothing of the prisoners—I only felt myself knocked backwards—I lost my duplicates, but they were afterwards found in Carlisle-street—my shillings were all gone.
COURT. Q. Are you sure you did not spend them in the public-house?
A. No, I looked at them under a lamp in Salisbury-street, and counted 3s. or 4s.—there was more than 3s., I cannot say whether there was 4s.—I am a bird-seller; but I had not taken much, so I stopped out as I frequently do—I had eleven cages and missed five of them—the males were in some cages and the females in others.
Kimpton. on were beastly drunk, you laid screwed up in the road.
Witness. I was the worse for liquor—I managed to get home—I do not recollect some of you taking me home.
COURT. Q. Do you mean to say that you got home, and you cannot tell how? A. I got to Salisbury-street—I do not know how I got home—I got home about 2 o'clock in the morning—I cannot say how far this happened from my home.
Bryant. You were lying in the middle of the road quite drunk, and did not know where you were—you asked us to take you home, and you got sick and kept falling down two or three times; you said you lived in North-street—we asked "What number?" and you said you did not know. Witness. I do not remember it—I do not believe any of you helped me along, but I do not know whether you did or not—I do not remember a policeman shining his bull's-eye on your face, and asking me what company I had got into.
MR. RIBTON. Q. Are you quite certain that two people were kneeling on your chest? A. Yes.
HENRY IRELAND (Policeman, D 201). I was on duty in Little North street, Portman-market, and after it had gone quarter past 1 o'clock, I heard cries of "Help" and "Murder"—I saw the four prisoners with the last witness flat on his back—Bryant was kneeling on his throat and holding him by the right band; and Welch was kneeling the reverse side on his chest, with one foot on his arm to keep it down firm—Kimpton and Hoare were pulling his trousers about near his pockets, and he was all torn in rags, and his pockets were turned inside out—he was in an insensible state—I did not see the birds or the cages—when I first heard the cries I was standing in a corner not 100 yards off, watching them—I sprung upon them, and Bryan ran one way and the other three another way—I made after Hoare, Kimpton, and Welch, as I knew who Bryan was very well—I sprang my rattle and overtook Kimpton, and the other two were stopped by another constable—I knew all the prisoners before, I am quite sure of them—I left Hoare, Kimpton, and Welch with another constable; and two of us assisted the prosecutor to the station—he was black and blue all over his chest, and the inspector ordered us to take him to the dispensary—he was not sensible, and he could not speak for his throat—the doctor said that he was in great danger with it, and we should have to leave somebody with him all night, if we left him at the dispensary—we took him home—we left him in the care of his landlady—he told the Magistrate that he was very bad, and the marks were on his throat then.
Welch. Q. If you saw me at the man's throat why did you not come and lock me up instantly? A. Because you ran away and I had not got an opportunity—I did not give one of you a smack on the side of the head.
Bryan. Q. Did I run away? A. Yes, immediately I sprang on you—you ran away before the other three—you ran one way, and the others ran another, and I made for the three.
Kimpton. When he took us to the station, the inspector said, "I don't know what to do with them, I must let them go," and this policeman said that the doctor had said that the man ought to be locked up. Witness. I
did not go to the doctor's at all—I stopped and searched the prisoners—the doctor sent word that the man had been very ill used—I assisted to take him to the dispensary on a stretcher—the inspector did not say that he did not know what to do with the boys.
FREDERICK TOWNSEND . I was a police-constable, but I have since left—I was on duty on this night, in Salisbury-street—I saw the prosecutor in Little North-street—I heard a cry of "Murder" and "Help," and I ran from the corner of the street where I was standing, into Little North street—I saw Ireland running there—I saw the prosecutor lying on his back—the prisoner Bryan knelt across his throat, he was feeling the prosecutor's body with his hands—he had got one knee across his throat—Welch was kneeling on his body—I did not see exactly what part of his body, or whether he was kneeling by the side of him; he was on his knees—the other two prisoners were feeling about his body, kneeling and stooping down, turning his pockets out—when I came up Bryan ran one way, and the other three ran the other way—Ireland went after the three—I went after Bryant—I did not succeed in taking him—I went to catch him, and he stooped down and got out of my way—I saw another officer after him so I gave it up, and went back to the prosecutor—I had known all the prisoners before—at the time I saw them I knew them to be persons I was acquainted with—I knew their names—I said who they were, and gave their names to the other constable—I went back to the prosecutor—he was in a senseless state then—he was lying on the ground on his back—I assisted in taking him to the station—the inspector desired us to take him to the dispensary—when he came back from there he could speak a little, a word now and then—the charge was entered against the prisoners, and he signed his name.
Kimpton. When the policeman took me, we met this policeman, and he said, "Oh, you have got one," and he said, "Yes"—he said, "Go up the next street and you will find a man lying there drunk, pick him up and bring him down to the station"—and when the inspector asked him at the station if he had any charge to make he said he knew nothing of us, and then they took him into a little room and wrote out a charge against us. Witness. When I saw you, you were being taken by the other man—you were brought back to where the man was lying down.
Hoare. Q. Did you see us round the man at all? A. Yes I did—Ireland had not a bull's-eye with him; there is not one allowed on that beat—the sergeant carries one—there was no sergeant there.
JURY. Q. Do they not carry a light at all? A. Not a common constable—I was on the opposite beat, and had a lantern—I did not shine it on them before they ran away—I turned it on to see what state the man was in—I am sure I did not do it before—I take one side of Salisbury-street, and the other man the other—I have a lantern, but he has not.
COURT. Q. What is the reason for the difference? A. Because we have very often to go into houses in Paul-street for Irish rows.
Bryan. Q. You say you ran after me, which way did I go? A. Down Salisbury-street, towards Portman-market—I did not see any more of you till I saw the other constable on your track.
MR. RIBTON. Q. Are the Irishmen very troublesome there, then? A. Yes.
COURT. Q. Was there any man there on the beat that had a bull's-eye. A. I think not, but I cannot say positively—I know that I did not turn the light on until they were gone—I did it to see what state the prosecutor was in—I called Bryan by name as he passed me.
WILLIAM SHRUBB (Policeman, D 95). On Sunday morning, 21st November, I was in Salisbury-street, and heard a rattle springing and the cry of "Stop thief"—I saw Welch running down Salisbury-street and two others after him—I could not see the others plainly so as to identify them—Welch went down Salisbury-street, into Devonshire-street, into William-street, through a passage into 14, George-street—he went up-stairs and I had to wait there to get a lamp—I went up-stairs and could not find him at first—I went into the back room and found him in bed with all his clothes on—I said, "Come out of there"—he said, "What for?"—I said, "What did you run away for?"—he said, "Because the policeman ran after us; I am sorry I have run away now"—I took him to the station—I saw the other two but could not recognise them—I did not see them in 14, George-street—I do not know whether these two are those who were with him—I believe that Hoare and Kimpton were the two because they are about the size—I knew them before—the two that I saw where such as they might have been.
Bryan. This man says there were three of them ran down Salisbury street, and the other says he took me in Salisbury-street, the other policman says I ran another way. Witness. It was above 300 yards off, where I saw them, where the occurrence took place.
JOSEPH RAWLINS (Policeman, D 142). I apprehended William Bryan, in George-street, Lisson-grove—I told him that I took him into custody for a garotte on a young man—he said, "I know nothing of the case."
Bryan. I did say that, but when I was before the Magistrate I did not know exactly what he meant by garotting. Witness. I afterwards said" robbing," because he did not seem to understand what I meant by garotting.
Welsh's Defence. It is all false—we have never done anything of the kind.
Kimptoris Defence. I say the same.
Hoare's Defence. If the constables saw us robbing the man, or doing anything to him, why did they not apprehend us, instead of hitting us and driving us away I—after we were at the bottom of a long street, they came and took us into custody; why did they not take us at first, if they saw us doing anything?
Bryan's Defence. If the policeman 221, had seen me on the man's throat, which is false, he could have taken me there and then—we were holding the man up—if we had let him go he would have fallen down—he could not walk uprightly.
COURT to HENRY IRELAND. Q. Was anything found on the prisoners? A. Some money was found; 1s. 10d. on Kimpton and 10d. on Hoare—there was no money brought to the prosecutor that had been picked up, that I know of.
COURT to ALFRED LITOFF. Q. How much did you have in your pocket? A. About 3s. or 4s.—I did not have that money returned to me—some pawn-tickets were found by a man whose nickname is Nipper, a stableman; he told a neighbour of mine that he knew a man that had found the tickets—they said some were found on the pavement, and some in the road, in Carlisle-street—I cannot say for certain how far that is from Little North street—I had not been in Carlisle-street that night, that I am aware of—Carlisle-street does not lead into Salisbury-street—they do not join—I have had all the eight duplicates returned—they were all found in the street, in the road, and on the pavement—some one brought some of the cages back—I have lost five altogether, and the six male birds—they were two male gold finches, one of which had been caged nearly two years; the others were a cock bullfinch, two male larks, and one linnet—I do not think that those
prisoners had the birds and cages—it was somebody that knew something about birds, for they took the best and left the rubbish.
COURT to HENRY IRELAND. Q. Whereabouts is Carlisle-street? A. That is where I apprehended Kimpton—it is in Church-street and North-street, just were the tickets where picked up.
WELCH— GUILTY .
KIMPTON— GUILTY .
HOARE— GUILTY .*
BRYAN— GUILTY .**†
Confined Twelve Months each.
OLD COURT.—Wednesday, December 15th, 1858.
Before Mr. Baron Martin and the Third Jury.
MR. ATTORNEY-GENERAL, with MR. SERJEANT BALLANTINE, MESSRS. WILSBY, BODKIN, and CLERK conducted the Prosecution.
THOMAS FREDERICK ELLIOTT, ESQ . I am the assistant Under-Secretary of State for the Colonial Department. On 12th November last, my attention was called to the publication of some despatches in the Daily News newspaper—I never had the custody of those despatches—a gentleman of the name of Meyer is the principal librarian of the Colonial Office—he was absent until a late day in October, I believe the 24th—during the period of his absence, a gentleman of the name of Miller acted in his capacity; he is sub-librarian—I have now in court twenty-four copies of the despatch in question—in order to be accurate, I should mention, here are twenty-three copies: one copy is in the hands of the Attorney-General, he used it just now.
Cross-examined by MR. SERJEANT PARRY. Q. How many are there here now? A. I have twenty-three here—one copy is not handed to me (handed in)—I have twenty-four copies now in my hand—they had never been in my custody previous to the publication in the Daily News, save one single copy, which I received two or three days before—I have received the greater part of these copies from the library, the place where they are usually deposited, one copy from Sir Edward Bulwer Lytton, one from Lord Carnarvon, and one, I think, was in my own possession, I had received it about two or three days before the publication in the Daily News—I received twenty-one from the library—they were supplied to me by Mr. Meyer, the chief librarian, but I could not undertake to swear whether he personally delivered them into my hands—I requested them from Mr. Meyer, and I obtained them—that was either upon the day of the publication in the Daily News, or immediately after—it is possible that they may have been brought to me by a messenger—I am quite confident as to the twenty-one—I received a copy from Lord Carnarvon, and one from Sir Edward Lytton—I had a copy myself—I received that when Mr. Gladstone started for the Ionian Islands—I do not know when that was—I cannot fix the exact day, but it must have been one, two, or three days before the publication appeared in the Daily News—I received it from the library of the Colonial Office; Mr.
Meyer supplied it—I demanded a collection of papers on the Ionian Islands, and this formed one of them—Mr. Meyer is present in court—Lord Carnarvon and Sir Edward Lytton would obtain their copies from the library, by going or sending for them—they would send their private secretary, or some gentleman connected with the office—it is not impossible that a clerk or messenger might be sent, but very improbable—these things are usually procured by the private secretary of the Secretary of State or Under-Secretary—it is not any minister that might send—we know nobody in the Colonial Office but our own minister, and if he wishes to send papers to any of his colleagues he so orders it—Lord Carnarvon is Under secretary of State for the Colonies—no paper has been published that has ever been in my custody, or within my knowledge as an Under-Secretary of State—I know of none having been published—I have heard of one single paper, but I was not then in the Colonial Office, or connected with it—in the course of thirty-five years, I have heard of one other paper: that was not a confidential paper.
MR. ATTORNEY-GENERAL. Q. You were saying you demanded a collection of papers, when something stopped you, when was that? A. It was about the period when Mr. Gladstone was starting for the Ionian Islands—it was just when he was about to depart, and it was three or four days before the publication in the Daily News—he left London before the publication appeared—I demanded the collection of papers, not for Mr. Gladstone, but for my own use; thinking it not impossible that, as Mr. Gladstone was going, I might be called upon to advise or give some opinions upon questions connected with the Ionian Islands—the one that I obtained on that occasion was one of those that I produce—it has never been out of my custody a moment from the time I got it—I have twenty-four here now—I have this moment counted them in court.
JOHN JOSEPH OLDING . I am the reader and manager of the printing office at the Foreign Office, under Messrs. Harrison, the printers—in September last, I received a manuscript from the Colonial Office, to be printed—the proofs were struck off on 16th September—twenty-eight copies were printed—twenty-five were ordered by the Colonial Office—twenty-eight were struck off because we had to do an even number, as two copies are worked on one sheet—we worked twenty-five for the Colonial Office, and besides those, we kept one as a voucher for the Stationery Office, one as a file copy for ourselves, and the third copy was necessarily worked off on account of its being an even number; we work them in pairs—I delivered the twenty-five copies to Mr. Miller, the sub-librarian—I have two of the other three here in court (producing them)—the twenty-eighth copy was given to Norman, the messenger sent by the librarian for a copy for his own use, early in November—by the librarian I mean Mr. Meyer—the two that I now produce I have had in my possession ever since—(looking at the copies already produced) here are twenty-four out of the twenty-eight copies that I so struck off—my own two make twenty-six—(looking at another produced) this is a portion of one of those I so printed—the first four pages of this are wanting.
Cross-examined. Q. How many do you yourself actually produce here today? A. Two copies—I struck off twenty-eight—besides those twenty eight, I struck off two as a proof—I corrected the proof—there were no author's corrections, as we technically call them; no corrections by the Colonial Office—I recollect that—there was one correction—I can't say whether there was more—I distinctly remember one, in page 11, on the
eighth line from the bottom, there is an Italian Phrase, in which, in the first proof, there was an error; it stood callato instead of ballato—the alteration consisted in putting the letter b instead of c—I did not make any corrections in the first two copies—I make my corrections in the first instance before it goes off—I work off two proofs to be sent out to the Colonial Office; but, prior to that, there is one proof necessary for my own correction and reading—I work off one proof for myself in the first instance—that is not the proof I am speaking of, in which that correction was made—when the manuscript is sent to me, I work off one proof first for my own correction, as reader; having corrected that proof, I work off two more from the corrected proof—they were sent ont to the Colonial Office, by my own hand, in this instance—those were the proofs that contained the blunder—I had omitted to correct it in the first, and corrected it in the second—I then worked off twenty-eight copies, in addition to the three—my press is in the basement of the Foreign Office—that is contiguous to the Colonial Office—it faces Fludyer-street—we employ on an average twenty workmen—I read the proofs, but I have nothing to do with working them off—one man is sufficient to work them off.
MR. ATTORNEY-GENERAL. Q. Are you able to distinguish between the proof and any of the 28 copies, by seeing whether the words carto ballato are in it. A. Unquestionably—wherever those words are found, I say without hesitation they are of the 28—the tops of the 28 copies also are cut by a machine, but the fronts and feet remain rough; by looking at the words carto ballato on the remainder of this copy that was sent to the Daily News, I can say that this is one of the 28 copies—it is also cut at the top by a machine.
CHARLES SMETZER . I am the pressman in the printing department of the Foreign Office. On 16th of last September I printed two copies of this despatch—on the following day I printed 28 copies—nobody printed any copies from the press but myself—no more than 28 were then printed—those 28 copies were given to Mr. Olding.
JOSEPH THOMAS MILLER . I am sub-librarian in the Colonial Department in Downing-street—I have been employed for twenty-three years in the service of the Colonial Office, and have been sub-librarian three years—I remember in September last these despatches and these enclosures being printed—they were printed by the order of the Secretary of State, received through Mr. Saunders in charge of the Mediterranean Department—there is a private press in the Foreign Office, at which Government state papers are printed—these despatches were printed at that press—upon the printing of any state papers for the Colonial Department, they are given in charge of the librarian, and, in his absence, they are given to myself—Mr. Meyer is the librarian—he has been for nearly fifty years in the Colonial Department—I received the copies of these despatches from Mr. Olding, when they were printed, about 17th or 18th September.
COURT. Q. How many copies were there, do you remember? A. I did not count them—I received the usual number of copies—the usual number is twenty-five.
MR. ATTORNEY-GENERAL. Q. Whatever Mr. Olding delivered to you you received—what did you do with them? A. I placed them close to my writing-desk within arm's length of me, on a little leaf between Mr. Meyer's desk and my own—I placed them on the leaf or portion of a table close to my own writing-desk where I always sit—there were a few other papers there of a general character relative to the Colonies, pamphlets, and
here and there a paper that I refer to in the course of the day, in discharge of my duty—I placed those papers so that they formed a sort of pile or heap—I put a heavy book on the top of them; in fact, it was the library catalogue, a huge folio, and there they remained—at the time they were delivered to me, Mr. Meyer was some few days absent; I may say a week or two, and he continued so until 25th October—during the whole period of time from the delivery of them to me in September, as far as I observed, they remained as I had placed them, on the table near to where I sit, with the heavy book on them, until Mr. Meyer returned, when I myself left town for a short time.
COURT. Q. When did you leave town? A. I left the office on 30th October; that was on the Saturday, I took my leave of Mr. Meyer for the short holiday I had.
MR. ATTORNEY-GENERAL. Q. Were you acquainted with Mr. Wellington Guernsey? A. Yes; I was on friendly terms with him—I have known him since the autumn of 1853—I believe he was gazetted a captain in the Turkish Contingent, in April, 1855—while he was serving in that capacity I occasionally received a letter from him—he wrote me very graphic and amusing letters; friendly letters—he returned in December, 1855,1 believe—I did not exactly understand how he came to return—I saw some general statement that General Vivian had sent him home, but I did not particularize the inquiries—I believe I was one of the first persons he visited on his return; he called on me at the Colonial Office—I believe he went to South America in October, 1856—I continued my intercourse with him from the time of his return from the Crimea until his departure for South America—he became a trustee for some property of mine in that time—on one or two occasions he was very kind to me, and advanced me a trifling sum of money, which I repaid him—I think he returned from South America in November, 1857—our friendly intercourse still continued; he had written letters from America to me, and he called upon me on his return, much in the same way as when he returned from Turkey—at the time of the delivery to me of these despatches, in September, Mr. Meyer was absent—during his absenoe I continued to occupy the library alone—Mr. Guernsey called on me occasionally in that period—he used sometimes to stand by the fire and talk; and sometimes sit down in a chair near the fire—he used to call on me towards the close of the day, and we used to go and dine together—I had a regard for him, and we were upon intimate terms—about this time he was soliciting an appointment in British Columbia—that was by an application through the Colonial secretary, Sir Edward Lytton—the result of that application was unfavourable; he did not get the Appointment—he felt a little annoyed at it, and expressed himself to the effect that Sir Lytton would repent having refused him the employment—when I make use of that expression, I mean that Mr. Guernsey would have influence with some members of Parliament to vote against him; that was what he expressed to me privately, in conversation: it was nothing of a personal character against Sir Lytton, but that he would influence the votes of Members of Parliament—I know he was displeased at the failure of his application—he also applied for an appointment at the War Office—I forwarded that application, and recommended it to some of my own friends in that department—I remember Mr. Guernsey calling upon me at the library at the Colonial Office upon an occasion when I left the room—I think that must have been almost the last day I had charge of the papers; or within a few days previous to that time, about 23d October, or a few days
before; it was almost the last day of my tenure of Mr. Meyer's position—he returned on Monday, 25th, and this occurred about Saturday, the 23d, or a few days before—on that day Mr. Guernsey called upon me, and we conversed together as usual, in a general way—I left the room for a few minutes, to go to the binder—I believe Mr. Guernsey was near the fire when I left—I was absent about four or five minutes—I believe I left to go to the binder—when I returned, Mr. Guernsey was near the desk where these despatches were lying; he was moving away from the table—as I came into the room he remarked to me, "I am not prying into your secrets"—he said that, as he was moving away from the table—I paid that I did not for a moment suppose that he was—he had been standing near the fire-place when I left the room-after saying this, he moved partly towards the window, and then towards the fire-place again—he remained some ten minutes or a quarter of an hour after that—we dined together that day, the 23d October, or whatever day it was—I left the office on 30th October—I was absent fifteen days—my leave was for a fortnight, Sunday supervened; I should correct myself, I was at the office again on 15th November—I received a note from Mr. Meyer on Saturday, the 13th, desiring me to come and speak with him about these despatches, and although I did not remain in the office all that day, I was there for a few hours; but I attended regularly on the 15th—I returned permenantly on the 15th—Mr. Guernsey called upon me in the middle part of the day, on the 15to, about 1 or 2 o'clock—I remember his conversation with me had regard to a letter that he had received from the War Department, which was rather of a favourable character, in answer to his application—he then spoke of the hope of his being gazetted as paymaster, and then drew from his pocket some pamphlet on South American matters, and a portrait of General Lopez—after talking on this subject, I changed the conversation to another subject—I was very anxious to do so—I had at that time learnt that these two despatches had been published in the Daily News—they had been published on the 12th, three days before the day of which I am speaking, and I was in great anxiety about it—it was that which led me to change the conversation from the rambling talk about General Lopez and others, to the subject of the despatches—I said to Mr. Guernsey that he must excuse me, that I must leave him; that I was in great trouble and anxiety about the publication of these despatches, and I looked him in the face and said, that the man that could have done such a thing must have been a d—d scoundrel—he said, "He must, indeed, be a dirty blackguard"—and he said to me, "It might cost you your situation"—I had not, down to that moment, said anything whatever to him, or made any communication to him at all, which could have given him to understand that I had had charge of those documents or was any more connected with them than any of the other persons in the Colonial Office.
COURT. Q. You had said nothing to intimate that you were to blame? A. No; nothing.
MR. ATTORNEY-GENERAL. Q. Had you ever told him that you had charge of those documents? A. No; I then said to him, that I should be happy to see him later in the day, and he arranged to meet me, and dine with me at half-past 5, when I left—he was to call for me—he did not come, and from that hour I never saw him, till I saw him at Bow street—the application which I forwarded to the War Office for Mr. Guernsey I believe was contained in an envelope similar to this (produced)—I remember that Mr. Guernsey once spoke of a letter that he had written in.
the Daily News, which referred to the internal policy of Paraguay, and General Lopez, the President of that country—that was a letter written by himself—I think that was some months before October last—I never learnt from him whether he was acquainted with the editor of the Daily News—I know Mr. Guernsey's hand-writing well—I believe the address annexed to this envelope to be his writing—these two letters (produced) are also his writing.
Cross-examined. Q. That is his ordinary hand-writing? A. Yes; it is writing which I recognise as his—to the best of my recollection, I had not left Mr. Guernsey alone in the library before this occasion of which I have spoken—I may have done so once or twice, but I have no distinct recollection of it—to the best of my recollection, this was on 23d October—I believe he was in Dublin in the early part of October—I do not know the day on which he returned from Dublin, but I had seen him some days before the 23d—he used to call upon me, perhaps once in a week—I do not think a fortnight has elapsed, only on the occasion when he was in Dublin—I had no other private visitors who called upon me, not at the office, they were shown into a waiting-room—they never came into the library—I am assistant librarian—no one is there beside myself, while Mr. Meyer is away—there are two subordinate persons under me, Norman the binder and his assistant—it is not such a library as you may imagine a library with volumes to be—it is a long room with shut-up presses; locked presses; so that you would imagine it was mere panel, although the bookcases are standing—a housemaid cleans out the room—I received these despatches on 17th September—I myself actually received them from Mr. Olding—I do not mean that he actually delivered them to me with his hand, I think they came in the customary packet from the Foreign Office—I did not put them in the customary place—had they been in the customary place, they would have been under lock and key—I put them on the table close by me—they were lying on the table in this way, with nothing but a heavy book upon them, from 17th September; night and day—I did not count them when they came in—my table is opposite the fire-place—I sit with my back to the fire—a person standing at the fire, would be standing between the table and the fire, with the table before him—I should think it is about six or seven feet from the table to the fire—I do not mean to represent that during the time of these despatches being there, no other persons have been in the library but Mr. Guernsey—many gentlemen come in and out, but only on office business—no friend called on me—whoever called on me, was shown into the waiting-room—Mr. Guernsey had an exception in his favour—I do not know for a certainty whether Mr. Guernsey was promoted to be a major, in the Crimea—he sometimes called himself Major Guernsey—I do not know that he was connected with the War Office in any way, besides his service in the Turkish Contingent, except that he once or twice said that he had claims on the War Department for arrears of pay—when I saw him on 15th November, he showed me a letter from the War Office which was favourable—he seemed to be in good spirits about it—I believe he was apprehended on this charge about a fortnight after that—I have not negotiated the sale of music on behalf of Mr. Guernsey, or been engaged in pushing the sale of music for him—I know that he is a talented musician—I do not know whether he was the composer of "Mary Blane"—I am very fond of music—I studied it at one time—I believe Mr. Guernsey composed the celebrated song "I 'll hang my Harp on the Willow Tree"—he is a gentleman of musical attainments—in April, 1856, I joined him in publishing a popular
piece of music called "The Ladybird Polka"—I hare never given Mr. Guernsey any papers printed by the Colonial Office—I remember once giving him a Blue Book about the gold-fields in Australia, two or three years ago; but that is a saleable book, obtainable at any bookseller's—I do not remember giving him any paper, unless it was a Parliamentary paper, obtainable by purchase—I never gave him any papers relating to the correspondence of the foreign refugees—I believe not—I never gave him any Government papers—I once obtained for him, at the publisher's, a work on Military Engineering, but I have never given him a Government publication—I have never given to anyone, besides him, any Government papers—I have known Parliamentary papers to be given—sometimes authors, and gentlemen writing for reviews, and others, have applied for copies of Blue Books, the ordinary papers presented to Parliament, and they have been given—I believe it is the practice in all departments to do that; Parliamentary papers which may be obtained or bought at any bookseller's, or at the place of publication, bought for any sum of money, open to all gentlemen to obtain.
MR. ATTORNEY-GENERAL. Q. Have you ever given to Mr. Guernsey, or anybody else, any private paper, or any paper marked "confidential," like this, or any paper that anybody might not have had in any other way than by purchase? A. Never: never.
COURT. Q. I understand, then, that you never gave him a copy of this despatch which is now under consideration? A. No, most solemnly, no.
MR. ATTORNEY-GENERAL. Q. You have spoken of two persons who are under you in this branch of the Department; do they sit in the room with you? A. No, they sit in the office below—no one sits in the library but myself and Mr. Meyer; and in Mr. Meyer's absence, no one but me—I always saw persons who called upon me, except on business relating to the office, in the waiting room—I have no recollection of anyone, during the whole period of September and October, being left by me in the library for a minute, except Mr. Guernsey.
GEORGE METER . I am principal librarian of the Colonial Office—that is the place of deposit for documents such as these we are inquiring about—I left for my vacation on 23d August, leaving the library in charge of Mr. Miller—I returned on 25th October—the proper place of deposit for despatches of this kind when they are brought into the library, would be in one of the presses in the library, where they would be locked up—placing them on the table would be a departure from the usual course—on my return, as soon as I was aware of the existence of these papers, I locked them up—I cannot tell the day upon which Mr. Gladstone went to his mission at the Ionian Islands—I should think it was about the 8th November—shortly before that, I made for Mr. Gladstone a collection of confidential papers relating to the Ionian Islands—in that collection I included one copy of these despatches—I obtained that from the collection which I had looked up—I delivered that bundle of papers, when I had made it up, to Mr. Birch, who was then acting as private secretary to Lord Carnarvon.
ARTHUR BIRCH, ESQ In the beginning of last November I was acting as private secretary to Lord Carnarvon—in that capacity I received the packet of papers which Mr. Meyer has mentioned; I passed a tape round them, and left them for Mr. Gordon—I put them on the table of Mr. Merivale, one of the under secretaries for the Colonies, for the purpose of their being taken by Mr. Gordon, the private secretary of Mr. Gladstone—both Mr. Gordon and Mr. Gladstone, have left this country—they left on Monday, 8th November, I think.
THOMAS FREDERICK ELLIOTT (re-examined.) I, in company with Mr. Gordon, took down the papers which Mr. Gladstone was to take with him, from Mr. Merivale's room—I saw Mr. Gordon depart with them, with a messenger, going to Mr. Gladstone's house
Q. Take that paper in your hand and look at that envelope—did you on any day in November last receive that printed paper enclosed in that envelope. A. I recognise the envelope, and I believe it is the printed paper—the envelope at that time was closed, with the seal that is now attached to it—it was then in a perfect form, with the address which has been since cut out—I opened it, and found in it, besides the paper, this note, (read):—"To the Editor of the Daily News, private—22, Regent-square, N.C., November 9, 1858—Dear Sir, I send you a confidential paper in connexion with the Ionian Isles—it may be of some interest to your readers, more especially as no other journal has received a copy, and it may give some clue to Mr. Gladstone's visit to those islands, I am, Dear Sir, yours &c., W. Guernsey"—I had no acquaintance whatever with Mr. Guernsey before that time—I may say, that "Dear Sir" is a common mode of address, which I am in the habit of receiving from unknown persons; at the time I received the paper enclosed it was a complete paper, as it is now the first four pages are wanting—I did not on receiving it at once direct it to be published in the newspaper I—I addressed a note to the name and address given in the letter, and I received this answer—(read): "T. Walker, Esq.; 22, Regent square, Thursday. Dear Sir, It is all right—I enclosed the paper for the editor's use—of course I need not say that I do not wish my name to be mentioned in connexion with it in any way"—I received that note before the publication, and upon that I published the two despatches in the Daily News.
COURT. Q. Upon what day? A. On the Friday of that week—I do not remember the day of the month.
MR. ATTORNEY-GENERAL. Q. Is that (produced) one of the copies of the Daily News published on 12th November, and are those the despatches? A. Yes—in order to have them printed, the two first sheets containing those despatches were taken off, and this is the remainder—it is all here except the first four pages.
Q. Having published this in the Daily News when had you next, if at all, any communication with Mr. Guernsey? A. About the middle of the next week—I wrote to him asking that I might see him—I had in the meantime received complaints from the authorities at the Colonial Office—I heard from the Colonial Office on the night following the publication—Mr. Guernsey afterwards called upon me—I think it was on the Wednesday following the Friday of publication—I do not remember the day of the month—up to that time, my acquaintance with Mr. Guernsey was entirely limited to to the notes produced—I had never seen him before—he said, "I am the person who sent the despatches, my name is Guernsey n—I told him that I had sent to him, because I had heard that innocent persons had been brought into trouble through the publication of these despatches, and that he ought to give me some information how he obtained them—he said that a person had left them at his house—I said, that looking at the serious complexion the affair had assumed, I thought he ought to give me more information—he said, "Not now"—that was the substance of what passed—he
pressed me earnestly not to give any further information, and I said I would not, if it was possible to help it—I did withhold his name and all the information I could, until I was summoned before the magistrate—I cut the address off the envelope because I had refused the name, and I thought that giving up the handwriting would be giving up the name.
Cross-examined. Q. I believe these despatches were sent to you for the purpose, and for the purpose only, of being published in your paper? A. I believe so, as I understood it.
STEPHEN THORNTON . I am one of the detective department of the Metropolitan police—I was desired to endeavour to apprehend the prisoner—I saw him on the night of 26th November in Great Russell-street, coming out of a shop—I went up to him and said, "I believe your name is Wellington Guernsey," he said, "Yes"—I told him I was a police-officer and I held a warrant for his apprehension, and if he would go with me to the station-house which was close by, I would read the warrant to him, it being dark at the time—on the way to the station he said he should like to know the charge—I then told him he was charged with stealing some printed despatches from the Colonial Office, forwarded by Sir John Young—after a few seconds he said, "They have made a mistake—they have gone the wrong way to work—they should have written to me"—we then proceeded to the station-house—the warrant was there read—when I was reading that part of it that related to the month of October, he said, "I know nothing about it, I can prove I was in Dublin at the time"—he said that he had not been to the Colonial Office for some time—he afterwards recollected himself and said, "Yes, once"—I have the warrant here—the prisoner is described in it as "Wellington Guernsey"—when the Serjeant was taking the charge at the King-street station, he asked him his name—his back was towards the serjeaut at the time, and I answered for him, and said, "Colonel Guernsey"—he said, "No"—I said, "Then Major Guernsey"—he said, "No" that he never belonged to the army in his life.
RICHARD TANNER (Police-sergeant.) On the day when Mr. Guernsey was apprehended, I went to his house, 22, Regent-square, and in a room there I found, among other papers, 16 envelopes, which I produce—they bear an official seal.
MR. SERJEANT PARRY submitted that there was no cast to go to the Jury; assuming that the prisoner had taken the despatch in question from the Colonial Office, he contended that he had not taken it in the sense of stealing it; not animus furandi, or lucri causa, but that he had taken it merely for the purpose of having it published in a newspaper; he very much doubted whether it was even a trespass, but it was certainly not a felony; the essence of stealing was fraud, not a mere wrongful act; but there must be a fraudulent purpose of appropriating the property of another to the use of the taker in a fraudulent sense, he referred to the cases of Reg. v. Godfrey, 8 Carrington and Payne, p. 563; Reg. v. Holloway, I Denison's Crown Cases, 370; Rex. v. Dickenson, Russell and Ryan, 420: Phillips and Strong, 2 East 662; and Prince Albert v. Strange, 18 Law Journal, 120; and upon the authority of those cases, he contended that this amounted simply to a wrongful taking, such as the taking the book of another person to use without his authority, and omitting to return it; and that to hold it to be a stealing would be carrying the law of larceny to an extent hitherto unknown. MR. METCALFE (on the same side) supported the objection—the fallacy on the part of the Prosecution was this, they confused the paper itself with the matter that was impressed upon it, and the real offence which the prisoner had committed, if it was any offence, was not the taking of
the paper, but the despatch which was impressed upon the paper; his object merely was to have the matter published; as to what became of the paper itself, he was careless—if a person took a booh from the table of another without the owner's consent, intending to copy a portion, and return the book, that would be no larceny, and the mere omission to return it would not make it a larceny; the animus at the time of the taking was the important matter—see Rex. v. Trump, 1 Car. and Payne, 658; and he contended that if it was clear that the intention was not to steal the paper, but only the matter impressed upon it, that could not be the subject of larceny, and there would be no case for the Jury. MR. BARON MARTIN entertained no doubt whatever that it was a question for the Jury what was the intention in the prisoner's mind at the time he removed five paper, if he did remove it? for although he afterwards used it for the purpose of publishing it in the Daily News, he might have taken it for a variety of purposes; it was entirely a question for the Jury.
The dispatches, at the request of MR. SERJEANT PARRY, were here read.
NOT GUILTY .
NEW COURT.—Wednesday, December 15th, 1858.
PRESENT—Mr. RECORDER; Mr. Ald. CARTER; and Mr. Ald. MECHI.
Before Mr. Recorder and the Fourth Jury,
MR. ORRIDGE conducted the Prosecution.
WILLIAM ROEBUCK (Policeman, K 446). I was on duty in Charles-street, St. George's, on 13th November, about ten minutes before 12 o'clock at night. I was called to 25, Angel-gardens—I saw the prisoner there in the attic, I believe, or second floor room—there was a female named Horragan with him—the woman belonging to the house gave the prisoner in my charge, and she showed me several pieces of furniture which had been broken. I took him in custody for wilful damage—I asked him to come along with me to the station—he said he wished to have his cap, and the female took the candle to look for his cap, but could not find it—I told him to go along with me, and they would find his cap, and let him have it—he did not attempt to come with me, and I took hold of him on the left arm with my right hand—I said, "You had better come quietly; it will be all the better for you"—the female that was with him then assaulted me—he did not move his feet, and I took hold of him behind with both hands—I wished him to go quietly, and almost immediately, I felt something in my right thigh, and I saw his right hand there—he took it away from my right thigh and turned round to me, and I felt I was also stabbed in my left leg just below my knee—the prisoner stabbed me; I saw him draw his hand from my leg with the knife in his hand—I seized his wrist, and he had the knife in his hand, and he attempted to make a third stab at me—the female was violent during the whole time, and finding that I could not take the prisoner by myself, I got down stairs and sprung my rattle in the street—I then saw the prisoner on the roof of the house—two officers came to my assistance
—I pointed oat the prisoner on the roof, and they took him—I got to the station with great difficulty.
HENRY SMITH (Policeman, K 310). On 13th November, I was on duty in Angel-gardens. About 12 o'clock at night, I heard the rattle sprung, and I ran in that direction—I saw the last witness bleeding from the leg—I did not go into No. 25, but there was a ladder at the bottom of the street—I went up that, and on the roof—I searched over several houses, and found the prisoner behind a chimney, fourteen or fifteen bouses from No. 25—I put my hand against his feet, and told him to come down—he neither moved nor stirred—I told him to come down; he was charged with stabbing William Roebuck—he made no reply—I took him to the station—in my opinion, he was perfectly sober—he walked to the station as well as I can now—I took him through a window, and he walked down stairs.
CHARLES PEARCE (Policeman, K 332). I heard the rattle that night, and went to where it was—I found Roebuck bleeding from the leg—the last witness was with me—I saw him take the prisoner into custody—I assisted in taking him to the station—he was quite sober—he walked well—when I got him to the station, I went to 25, Angel-gardens—I went in the top room and found a quantity of blood on the floor, and the tables, chairs, and other things were broken in pieces—I went on the roof, and about thirty yards from the window where the prisoner went out at, I found this knife—it was stained with fresh blood.
JOHN ROSS . I am surgeon to the police force. On 14th November, I was called to attend Roebuck—I found him suffering from the loss of blood and two incised wounds; one on the right thigh, about two inches and a half long, and about half an inch deep, and the other was a wound on the leg, about an inch and a half deep, and about two inches long—they were incised wounds and severe, and had bled very much, especially the left leg—he has been unfit for duty ever since.
Prisoner's Defence. I don't know anything about it—the woman said to one of the officers, it was I that stabbed him—I had no knife, but a small penknife in my pocket—I was drunk, and did not know what I was doing.
GUILTY .— Four Years Penal Servitude.
ALFRED WILLIAM JONES . I am an apprentice in Great Cambridge street, Shoreditch—the prisoner was also apprentice there—he has been there about eight months—I was there before—on the afternoon of 9th December, we were both at work in the shop—I looked at his work and told him it must be cut out again—he asked me to let him look at it—I did, and he said it wanted no cutting—I asked him to give it me again and he would not—I took it from him, and he said he would stab me—he had not a knife in his hand, but he looked about and found one—he tried to stab me in the stomach—I told him to put it down, and I took hold of his two hands and he dropped the knife—he took it again and stabbed me in the thigh—he said he wished it had been sharper, and he said, when he had done it, "Now, go and tell your master, like another baby"—this is the knife he did it with—it is my own knife.
Prisoner. I only meant to stick it in his hand to make him leave off—he said he would punch me in the mouth: I said, "Well, do it;" and he took up his fist, and punched me in the mouth.
Witness. I did slap him in the face—he dared me to do it, and told me it was more than I could do.
GEORGE WILLIAM COWARD . I am a surgeon—the last witness was brought to me—he had a wound inside his right thigh an inch and a half long, and about a quarter of an inch deep—it had cut through the skin and the integuments—it was about the middle of the thigh—it had been struck between the legs.
GUILTY of Unlawfully Wounding.— Confined Twelve Months.
MR. HORRY conducted the Prosecution.
THOMAS ROBERTSON . I am assistant to Mr. James William Benson, a jeweller in Cornhill. On the 10th December, between 3 and 4 o'clock, I saw the prisoner in the shop—he asked me to show him some scarf pins—I closed the shop door, and produced from the window some pins on a tray—I put them on the counter—I turned to close the window, and when I turned round again the prisoner had two pins in his fingers, and three pins were on the counter off the tray—there were no pins lying on the counter before—the prisoner asked the price of several of the pins, and having done that he produced from his pocket a common seal stamp, something like brass; it had a sort of ivory handle—he asked me what I could make him three like that for, with three letters on each—I told him the price—he said he thought it was rather high—I said probably I might be able to do them for a little less—he said, "However, what is the price of this pin?" pointing to one in the tray—I told him, and he said it was a light common pin—after that he picked up one of those he had had in his fingers previously, and said it was the prettiest one of all—he asked the price, and I told him 21s.—he said it was rather more than he thought of going to, and he asked if I had one with red stones in it instead of blue ones—I told him "No," and I then offered to take 20s. for that one he had—he said, "I am rather short of cash, I will call to-morrow and buy the pin"—I missed one of the pins off the counter—I stepped round to the front of the counter, and looked on the counter and on the floor to see if the pin might have dropped—I then said, "I miss a pin"—the prisoner said, "I have not got it"—he threw off his coat and asked me to search him, and he asked me to send for a policeman and have him searched—I said I should do so, and I said I must have the pin found before he left the shop—I knocked on the floor for assistance; and as the man was coming up from the back of the shop the prisoner, who had got one hand against the wrist of his other hand, made a motion of his hand towards the counter, and the pin fell on the counter—I did not see the pin in his hand, but I distinctly saw it fall on the counter from the direction of his hand—I said, "You thief," and I told the man to fetch a policeman; and as he was passing through the door the prisoner said, "Pray let me go, consider my character, I will give you half a sovereign to let me go"—the policeman came, and I gave him into custody—I gave the policeman the pin off the counter—the prisoner's coat was then on the chair; it was a body coat—the pin that I heard drop was not on the counter at all when the prisoner took off his coat—he took off his coat after I said I missed the pin—it was worth 35s.—he was a stranger to me.
Cross-examined by MR. SLEIGH. Q. Was this tray in the window? A. It was, and I took it out of the window and put it lengthways on the counter—I did not move the tray when I said I missed the pin—he did not in the
first instance take a seal out of his pocket and ask about engraving silver seals; he first spoke about the pin—he had been talking about the pin two or three minutes before he took out the seal—he did not go out and come back again—he did not leave the shop at all till he was given in custody—when I missed the pin he said, "I have not got it"—he threw off his coat, and challenged me to search him on the spot—he said, "Consider my character"—he said in the presence of the policeman that he did not care, he had a good character—I don't recollect his saying in the shop, "I can soon prove my innocence, I am a man of respectable character"—he said it at the station, and he said he was in a most respectable occupation—I went twice to the station—I gave him in custody to Inspector Martin, and I gave him a statement of what took place in the shop—I went in the evening again and saw Mr. Martin—I asked if he had found out that the father of this young man was a man of respectable character—I did not say I was very sorry that I had given him in custody; I said I was very sorry that a young man of such respectability had committed himself—I gave the officer in the morning a description of the tray, and the position of the pins that were taken out of the tray—I told him in the evening that I heard the pin drop on the counter, and I told him so in the morning—I did not say, from his hand; I said it fell on the counter—I said in the morning that I heard it fall—I did not simply say that I saw it on the counter; I saw it pass from his hand.
BENJAMIN BULL (City policeman, 657). I was called to Mr. Benson's shop on Friday, 10th December, about 3 o'clock—I found the prisoner there in the act of putting his coat on; he was given in custody by the last witness for stealing a pin—Mr. Robertson gave me this pin—the prisoner said, "For God's sake don't, on account of my character," but Mr. Robertson pressed the charge—the prisoner put on his coat and said, "Never mind, I have a good character"—I took him to the station, and found on him 1l. 0s. 10 1/2 d. and this seal, he gave his name correctly—this is the pin.
The prisoner received a good character.
NOT GUILTY .
SAMUEL SNOOKS . I keep a beer-shop. On 19th Nevember, I had occasion to go to the police-court in Worship-street—I went in a cart drawn by a pony—I got there about 3 o'clock—I left my pony and cart outside in care of a little boy—I was in the court till 20 minutes after 4—I then missed my cart and pony, and the little boy; I gave information—on the 21st I found the cart under an arch of the railway at Mile-end.
JOHN HILL . I am a greengrocer. On 19th November I was at the police-court, the prosecutor saw me, but I did not notice him—I left the court 20 minutes or half-past 4 o'clock—I went through Long-alley, Liverpool-street, to Mr. Phillip's, a mat merchant—I afterwards went to the King and Queen, in Hare-street, Bethnal-green—the prisoner came in there and asked me to stable his horse and cart—I asked him half-a-crown for it—he would not give that—I said, "Will two shillings do"—he agreed to that—I took in his horse and cart—he did not say where he had come from, only that he had come forty miles from the country—the horse and cart I took were what Mr. Booking had afterwards.
GEORGE BOOKING . On 19th November, I was at the Woodman public house—the last witness came in and told me something—I went to his stable, and saw a horse and cart, and the prisoner—Mr. Hill said, "This man
has come forty miles from the country, he wants to sell this horse and cart"—I saw the prisoner, and we made a bargain for it—3l. 10s. was the price—I gave him the money, he gave me a receipt—he could not write—the receipt was written out, and he put his mark to it—it was about 7 o'clock in the evening—the pony and cart that I bought were shown to the prosecutor.
Prisoner's Defence (written.) On Friday, November 19th, I went to the Coal Exchange—I have been in the habit of doing so for years, to sell spectacles; some of the customers who dealt with me treated me to some rum—having had some drink previous I was quite intoxicated, and on my way home to Old Nichol-street, Shoreditch, I found myself in possession of a pony and cart—and I am quite at a loss to account how it came into my possession—I drove as well as I was able, through drink, to Old Nichol street to find a stable for it, and in the morning when I was sober to find the owner—I could'nt get one there—I took a lad with me, not being able to take care or drive myself—he drove to the Woodman, Bethnal-green road—when I was inquiring for a stable, a greengrocer said he could put it up for me; he wanted 2s. 6d. but agreed to take 2s.—I got out of the cart and went into the Woodman—the boy went with the pony and cart to see where they were going to put it, and said they put it in a stable under the railway-arch, and during the time the boy was going they persuaded me to sell it, and said they'd give me 3l. 3s. for it—they say I gave a receipt for the money—I cannot read or write—a gentleman seeing the state I was in, saw me home with the boy Henry Butler; my son-in-law gave him one shilling for seeing me home—I recollect nothing of the affair until it was named to me by my wife the following morning—I went on Sunday evening to the Woodman to ask particulars, where I was taken, into custody.
HENRY BUTLER . The prisoner came to our door last Friday, three weeks—he was so drunk that he fell on the floor—two men were obliged to pick him up—he asked whether we knew where there was a stable to let, and two boys drove the horse and cart towards the house—this was between 5 and 6 o'clock—the prisoner went away with the two boys—he came back afterwards and had 2s. in his pocket—he said he did not know where the horse was gone to—another man led him in—that was between 8 and 9 o'clock—where I live is a beer-shop—when the prisoner first came, he had a pint of beer—he did not know what he was doing then, he was quite tipsy—when he came back, he had half a pint more beer—I went home with him to show him where he lived, and when he got in he fell across the bedstead.
COURT to JOHN HILL. Q. When the prisoner came was there a boy with him? A. Yes, about fourteen years of age—I could not answer whether it was this boy (Butler) or not—the prisoner was half intoxicated; he knew what he was doing—I did not deal with him at all—he tried to sell it to me, but I would not listen to him—Mr. Booking did not see him till ten minutes after my brother had baited the horse—I was not seven minutes in company with the prisoner—I sent the landlord of the Woodman down to the stable with him—I was not with them only; I lent thirty shillings towards the bargain.
COURT to GEORGE BOOKING. Q. How long were you dealing about it? A. I can't say, about half an hour—the prisoner seemed to know what he was doing—he stood warming himself; he took the money—I think he asked 4l.—I would not give that—he quite seemed to know what he was about.
GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
WILLIAM JAMES DAILEY . I am a ship-chandler, at St. Mary's Hill. On Wednesday evening, 17th November, I came out at my door, and saw Hicks and Ridley close to the window—I called to them to get out of the way, as I wanted to throw in a rope—I am positive they are the persons—the shutters were down, and the gas was alight—I was absent till between 8 and 9 o'clock—on my return I found my window had been broken, and eighty-six knives and forks had been taken away—they had been close to the window.
Ridley. Q. How can you swear to me? A. By your general appearance—I had seen you some time in the neighbourhood, watching a horse and cart—you were playing about by the light of my gas—your face was close to me.
CHARLES THOMAS GAYLER (City policeman.) From a description which which was given to me, I went to 18, Ewer-atreet, Gravel-lane—I found Hicks there—I told him I wanted him for that job at St. Mary's Hill— starring the glaze, and stealing some knives and forks—he said, very well, he would get up—I searched the place, and found over the fire-place, three duplicates relating to knives—I took Hicks in custody—I afterwards went to Popjoy's place (that is, Ridley; his right name is Popjoy) in a street leading into Kent-street—I found him and the prisoner Johnson—she is living with him—I made the same charge to him—I did not find anything in his house.
THEODORE HALSTEAD FOULGER . I am a detective City officer. On Saturday, 20th November, I went with the last witness to Ewer-street, Gravel-lane, Southwark—I found Hicks in bed—I searched the room, and on a shelf I found nine knives and forks, and some duplicates, which had nothing to do with this case—I then went to a street turning out of Kent street, and found Ridley and Johnson in a bedroom together.
Johnson. You never asked my name. No; because I had known you frequently pawning in that name.
ALLEN BLIZZARD . I am a pawnbroker in the Borough—I produce twelve knives and forks pawned on 18th November; I think, in the afternoon, for 3s. by a female, but not Johnson—I also produce a fork and a carving-knife, which were pawned an hour or two later, not by the same person, but I could not say whether it was by Johnson—these duplicates, found at Hicks', are what I gave.
JAMES SWAINE . I am assistant to Mr. Folkard, a pawnbroker in the London-road—I produce twelve knives and twelve forks, pawned on 18th November, by a female, I can't say who, for 5s. in the name of Mary Smith—this is the duplicate I gave.
WILLIAM JAMES DAILEY (re-examined.) These are my knives and forks, as well as I can judge—they correspond with the number, and here is the same number that I lost—I had these two parcels returned to me from a hairdresser, who had bought them—I can identify these five in particular; I had taken them out of the packets, and placed them in the window—they correspond in the maker's name.
Hicks' Defence. I wish to know why the two persons who saw the robbery committed are not here—they saw it committed by two persons, and we are not the persons.
Ridley's Defence. On Saturday, 20th November, two police officers came to my house, and said they wanted me for a robbery committed on Wednesday night in St. Mary's Hill—they searched my house, and asked me whether I had any pawn tickets—I told them I had not—they took me to the police station, and sent for the two boys that saw the boys commit the robbery—they came and said they were sure we were not the boys—soon after, there came two girls that saw the boys, and they said we were not the boys—we were taken to the Mansion-house on Monday, and remanded until Wednesday, when there was a man taken up for buying one dozen of them—he said that a man came into his shop to get shaved—after he was shaved, he asked him whether he would buy a half-dozen knives—he showed them to him, and said he would take 2s. for them—he said he was a Sheffield hawker, and would not get anything out of them, if he liked, he should have the dozen for 4s. and a pot of beer—while the barber was looking at them, a lodger in his house came in, and he asked him whether he would buy half of them—he said he did not want them, but he had half of them, and they sent for the pot of beer, and paid him the money—the lodger came up on Wednesday, and said the man that sold them was like me, but he swore it was not me, and the barber said it was not me—I am an innocent man.
CHARLES THOMAS GAYLER (re-examined.) There were some boys who gave me a description of the prisoners with white aprons, and from that I took them—there were no persons who said they saw the prisoners do it—I don't believe anybody saw the window broken.
HICKS— GUILTY .*
RIDLEY— GUILTY .*
Three Years' Penal Servitude.
JOHNSON— NOT GUILTY .
123. WILLIAM HENRY BASSETT (36) , Stealing while employed in the Post-office, a post-letter containing 1 half-sovereign, 2 half-dollars, 1 American coin value 10s., and 10s. in money, the property of Her Majesty's Postmaster-General; to which he
PLEADEDGUILTY .— Four Years Penal Servitude.
124. JOHN CARTWRIGHT (32) , Unlawfully obtaining 132 pairs of gloves, 73 umbrellas, and other goods, value 193l., of Henry White Castle and others, by false pretences. Second Count, conspiring with John Cooper to defraud the said Henry White Castle and others.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.
HENRY WHITE CASTLE . I am one of the firm of Castle, Jones, & Luck. On 9th August the prisoner came to our warehouse—I was in my counting house—he came to me, and stated that he was about to commence business at 6, Bonsfield-terrace, Holloway-road, that he had about 600l., and furniture of his own besides, and also fittings and fixtures worth about 70l.—he said that he inherited this property from his grandfather, Charles Cartwright, a watchmaker at Cheltenham—he stated that his rent was 46l., and the taxes about 10l., and that he would let off about 25l.—he referred me, in corroboration of this statement, to a Mr. John Cooper, a lighterman, 9, Albert-square, Commercial-road—I directed a reference to be made to Mr. Cooper—the
risoner came again, and I let him have some goods in consequence of his own representation that he had this property, and this statement being corroborated by this apparently respectable Mr. John Cooper.
Cross-examined by MR. METCALF. Q. You sent your clerk to make inquiries of Cooper? A. Yes, I was not exactly satisfied of the prisoner's responsibility in consequence of what my clerk said, but from what the prisoner said, that statement being corroborated by Cooper—the prisoner did not offer me the security of Mr. Cooper—I should not have trusted the prisoner unless Cooper had altogether corroborated the prisoner's statement.
THOMAS MARTIN . I am clerk to the last witness. In August last, in consequence of directions, I went to 9, Albert-square, Commercial-road, and saw a person who represented himself to be Mr. Cooper—I told him we were referred to him by Mr. John Cartwright, of Holloway-road, who had stated to us that he was commencing business there with about 600l. that he had from his grandfather, and that he (Mr. Cooper) was the executor—I also mentioned some minor details as to rent and furniture—he said he knew nothing about that, but Mr. Cartwright would have more than 600l., that the leasehold property was worth from 1,200l. to 1,400l., and it would be divided between Cartwright and a sister, and that Cartwright would have two-thirds of the produce—the will was not mentioned at all to my recollection—he offered to become security, should we require it, to the extent of 200l.—I said that the reference seemed satisfactory, and I thought probably it would not require his security, but I would take his name in case we did—he gave me his name, John Cooper—I saw Cooper again on 3d September, and I told him we had not hitherto troubled him with the guarantee, but as the account was increasing, we now wished to have it—he inquired how much Cartwright had had of us—I told him about 200l.—he appeared surprised, and said we ought not to have let him have so much without having some money on account—I told him the reasons we had done so was, that he had promised to pay 100l. on account shortly, and I also understood that he had said, that he was buying all, or nearly all, his goods of us—I then presented a letter of guarantee, which I took with me and he signed it—I told him I understood that Mr. Cartwright had said that the property was now sold—he said it was, and had fetched more than was anticipated, and that Cartwright would have at least 700l. clear—he said that the purchase would be completed on the 14th of that month, September—I told him that we should require reference as to his (Cooper's) responsibility—he said there were many persons to whom he could refer, but as he should be sure to be asked a thousand questions, he would rather not do so—I asked him if he had employed a professional agent—he said he had not, the purchaser would have to do so, and he thought it was not necessary for him to do so as he wished to avoid expense—on my pressing him still further, he said he would think the matter over and call on us in a few days—I went again to his place on 17th September—he had gone away—I could not find admittance.
Cross-examined. Q. What time did you go on the 17th? A. I called on the evening of the 16th, and again on the 17th about 7 o'clock in the evening—I could gain no admittance—the prisoner offered to pay some money—Cooper said, after he had given the guarantee, that we had better not let Cartwright have any more goods without some payment; but at the same time he said he would leave that to us—the prisoner did not have any more goods after the guarantee.
MR. ORRIDGE. Q. Had he mentioned the property that the prisoner was entitled to on the first occasion? A. Yes; in the first instance, he
said that he would have more than 600l., and the next time he said that he would have 700l.
JOSEPH PARRINTON . I am an accountant of the firm of Parrinton and Ladbury—On 2d September, I went to 6, Bousfield-terrace—I saw the prisoner—I applied to him for 100l., which he promised to pay to Messrs. Castle and Co—he said, It is not due this week, I will pay it next week—I said, Your business will not permit you to pay 100l., how shall you get the money?—he said Mr. Cooper, of Albert-square, who was trustee and executor to his grandfather, Mr. Charles Cartwright, who died in 1848, had money to pay him—I asked him how it was he had not received the money before now—he said his sister was not of age—he said his grandfather was a silversmith and watchmaker at Cheltenham, that Mr. Cooper had sold the property at a better price than was expected, and that he should receive about 800l. and that he would pay Messrs. Castle the whole of their debt, and close the account—that was all the conversation we had—I was in the habit of passing that house every morning and evening—it was shut up about ten days afterwards.
JAMES PRYOR . I am a builder, and live at 41, Tottenham-court-road—by the prisoner's direction, I fitted up the shop 6, Bousfield-terrace, Holloway road, about July last—it was shut up in the early part of September—I was never paid for what I did.
WILLIAM BRANDON . I am a house-agent—I let the house, 9, Albertsquare, to a person named Cooper, on 9th June—he left the house within three months afterwards before the rent was due; he sent me the key.
JAMES HOLLIS . I am a watchmaker, and have lived at Cheltenham upwards of twenty years—I do not know of any person named Charles Cartwright having carried on the business of a watchmaker there—I do not remember any person of that name carrying on the watchmaking business about 1848.
Cross-examined. Q. How old are you? A. Sixty-one—I have lived in Cheltenham upwards of twenty years—there was no watchmaker there of the name of Cartwright, in 1848, to my recollection—I will not swear there was not—mine is rather a large business—there are nearly 4,000 inhabitants there—pawnbrokers take in a lot of things and carry on business—pawnbrokers in my estimation are not watchmakers, but they deal in watches very often, and if they take in a number of articles, they may open watchmakers' and jewellers' shops—I don't swear there never was a Cartwright, a watchmaker there—I never recollect such a person—I do not know all the people in Cheltenham.
CHARLES DOYLE . I am a Post-office clerk at Cheltenham—I have been there over twenty-three years—I have been in the habit of sorting letters ever since I have been there—I have never known such a person as Charles Cartwright living in Cheltenham—I am money-order clerk, and have lived in Cheltenham twenty-five years—I never knew a Charles Cartwright there.
Cross-examined. Q. Will you swear there has never been a person of that name there? A. No—but I never knew any such person since I have been in Cheltenham—I must have known if there had been a watchmaker.
have searched in the Prerogative Court at Gloucester, for a will or letter of administration of Charles Cartwright—I commenced at 1847 and continued up to the time of my search—I could not find any—I also made a search in Doctors' Commons, commencing about the same date.
Cross-examined. Q. You searched the books? A. Yes—they are not here—the books are not allowed to be brought away unless the officer is subpœnaed.
GUILTY .*— Confined Eighteen Months.
[In the case of Edward Tombs, charged with the wilful murder of Charles Canty , the Jury, upon the evidence of John Rowland Gibson, Surgeon of Newgate, found the prisoner insane and unfit to plead. Ordered to be detained during Her Majesty's pleasure.]
THIRD COURT.—Wednesday, December 15th, 1858.
Before Mr. Common Serjeant and the Seventh Jury.
MESSRS. T. ATKINSON and SHARPE conducted the Presecution.
WILLIAM TURNER . I am a baker of Bedford-place, Fulham-road. On the evening of 2d December my wife fetched me, and I saw Fitzgerald there—I gave him 2s. change, and saw a half-crown in the till; that was the only one there—my wife gave him the coppers, 3 1/4 d.—he had a loaf in his hand, the price of which was 2 3/4 d.—next day about dusk he came again and purchased a half-quartern loaf; I was in the shop then—it came to 2 3/4 d.—he gave me a half-crown; I gave him the change and he went away—I had nothing in the till but threepenny and fourpenny pieces and sixpences, till I put his half-crown in—Welch came in a few minutes afterwards and purchased a penny loaf and a halfpenny worth of treacle—he gave me a half crown—no other customer had passed a half-crown—I put it in the till and there were then two half-crowns there—Fitzgerald came again half-an-hour afterwards—he first came and asked for, I think, some cheese; he gave me a shilling—I put it in the till; there were no other shillings there—I gave him change and he left—in about a quarter of an hour Welch came in and asked for some more bread; he gave me a shilling—I put it in the till, gave him the change, he went away—Fitzgerald came again a little while afterwards and tendered me a shilling, which I put in the till—Welch then came again for a penny loaf, and brought another shilling—they each came three times that evening—about an hour after shutting up the shop that evening, I found that I had two bad half-crowns and four bad shillings in the till—I am quite positive that I had received no half crowns or shillings, except from the prisoners—I laid them on the shelf in the parlour till daylight next morning, then examined them again and found they were bad—I knew the prisoners; they lived one on each side of me, which probably caused me to pay less attention to the money—I gave them in custody—I examined a bag of silver which I had taken in my shop the day before, on 1st December, and found in it a bad half-crown and three bad shillings—Fitzgerald had been in the shop that night—I had cleared the till myself, and I put a half-crown, for which I had given change, into the bag—I marked all the bad money, and put a different mark on that found in the bag.
Cross-examined by MR. T. SALTER. Q. Are the prisoners and their families in the habit of dealing with you for bread? A. Yes—Welch works down at the wharf—I take the money from my till every night, and put it in the bag and pay it away twice a-week—when I put the takings of 1st December in the bag, there was two day's takings there, but there was only a mere trifle—there was no half-crown there—on 2d December I put the the money I had received on the shelf in the parlour; my sight was not good enough to detect the bad money then, but I did not like the look of it; I examined it in the morning and found it to be bad—my wife is not here; she served the half-quartern loaf—when I served Welch in the evening, my wife had been serving during the morning—it is rather an unusual thing for me, at the close of a day, not to have a single shilling or half-crown in the till—when I found this was bad money, I talked over with my wife what people had been—I went to the station on the 2d in the middle of the day, and a policeman came at 11 at night—he is here.
Fitzgerald. You have never seen me in your life before. Witness. I have, a dozen times.
MARIA SILVESTER . My husband keeps the Redan beer-shop, Fulham road. On 2d December, between 5 and 6 in the evening, the prisoners came there together—Fitzgerald called for a pint of beer and gave me a shilling—I tried it with my teeth, and said, "It is not good"—he said, "Give it to me back"—I threw it on the counter, and he said to Welch, "Have you got any halfpence?"—Welch pulled out some halfpence and paid me—they both drank of the beer, and both left the house together.
Cross-examined. Q. Have you any particular method of fixing the time? A. I am certain of the time; we had just lit the gas up; the time was not mentioned by them or by me.
JOHN COLTMAN (Policeman, V 34). I received this money (produced) from Turner—I apprehended the prisoners, searched them, and found on Fitzgerald one florin and a sixpence, in good money; and on Welch, a good shilling—Fitzgerald told us he never was in Mr. Black's house; that is the name over Turner's shop.
Cross-examined. Q. Did you search Welch's room? A. No; I did Fitzgerald's—I found them at home, at their own houses.
WILLIAM WEBSTER . This is all counterfeit money—these three half-crowns are all bad, and from one mould—here are two shillings of 1816 from one mould, two of 1852 from one mould, one of 1856, and two of 1858 from one mould.
Fitzgeralds Defence. I was never inside the shop in my life—I was not anywhere about the place.
THE COURT considered that there was no evidence as to the joint uttering.
FITZGERALD— GUILTY of the single uttering.— Confined Nine Months.
WELCH— GUILTY of the single uttering.— Recommended to mercy by the
Jury.— Confined Eight Months.
MR. SHARPE conducted the Prosecution.
(The evidence was interpreted to the prisoners.)
GEORGE WATKINS (City policeman.) On 22d November, about half-past 5 or 6, I was in Bishopsgate-street, and for certain reasons, I followed the prisoners, who were together—they looked into several shop windows—Kalnier put his hand in his pocket, and handed something to Koshant, who went into a tobacconist's shop, while Kalnier looked in at the window—Koshant came out—they joined and went on together—I spoke to the shop man,
and then went after the prisoners into Threadneedle-street, took hold of them both, told them I was a policeman, and that I should take them in custody for uttering counterfeit coin—they made no reply, but Kalnier threw down this shilling (produced) from his hand—I picked it up, and put it in my pocket—I took the prisoners back to the shop, sent for assistance, and as I was bringing Koshant out of the shop, he threw down three pieces of money on the pavement, and dragged me away, so that I should not pick them up—Quinton gave me a shilling—I took Koshant to the station, and found on him four and a half ounces of tobacco, half a dozen cigarettes, one shilling, two sixpences, two fourpenny pieces, a threepenny piece, 6 1/2 d. in copper, all good, and a passport—I received this other shilling from March, and this half of a bad shilling from Andrews; there are four altogether.
HENRY GUNNELL (City policeman, 659). I was fetched by Andrews to Watkins' assistance, and found the prisoners in the tobacconist's shop—Watkins took Koshant, and I followed him with Kalnier—I saw Koshant throw down this half-crown (produced)—I picked it up, and we had not got many yards before Mrs. Barnett picked up this florin, and gave it to me—I searched Kalnair at the station, and found on him 6d. and 3 1/2 d. in coppers, a tooth-brush, quite new, and some papers.
JAMES QUINTON . I am shopboy to Mr. Jersbury, a tobacconist, of Bishopsgate-street. On 22d November, Koshant came and asked for half an ounce of tobacco—he offered me a bad shilling—I laid it on the side of the counter, and did not mix it with any other money, but gave it to the officer—I did not discover that it was bad till he had left the shop; but we always put money on one side before we put it in the till—I gave him 6d. and 4d. in coppers.
MARY ANN BARNETT . I am the wife of George Barnett—I saw a crowd and some persons in custody, about half-past 5 o'clock—I followed close after the crowd, and picked up this florin off the pavement, over which the crowd had just passed—I gave it to the policeman.
Koshant. You stated at the police-station that your little child had picked up the money.
Witness. I did not.
JAMES ANDREWS . I am a porter, of 13, William-street, Shoreditch—I was in Mr. Jersbury's shop, and saw Watkins with the prisoner in custody—as they came out of the shop, the half of a shilling dropped, I cannot say from which of them—I took it to the station, and gave it to Watkins.
Kalnier. Koshant was about ten yards before me.
Witness. He was not.
EDWARD HARDING (City police Inspector.) On the evening of 22d November the prisoners were given into my charge. I observed Kalnier closely, and noticed a motion of his mouth—I immediately seized his throat with my left hand, and requested him to open his month, which he did, and I pulled out this counterfeit shilling, which he said he had found—I have kept it ever since (produced.)
THOMAS WILLIAM MARSH . I am an oilman, of 120, Bishopsgate-street. On Thursday, 18th November, Kalnier came for a quarter of a pound of soap, which came to 1d. and put down a bad shilling—I broke it in half, and asked if he had got any more—he said, no—he endeavoured to find some more money, but had only got three farthings—I kept the pieces, and gave them to Watkins on the 22d.
WILLIAM WEBSTER . This shilling (the one uttered by Koshant to Quinton) is bad—this one dropped by Kalnier in bad, and also this taken from his mouth; they are from the same mould, and the date is 1826—this half-crown
dropped by Koshant is bad—these two fragments are bad, the date is 1852, they form a coin from the same mould as the one uttered by Koshant.
Koshant's Defence. I am a cigarette manufacturer, and had the intention of cultivating the acquaintance of the tobacconist in order to do business with him—Kalnier waited for me outside, and when I came out and spoke to him, a policeman took me by the arm; I did not know what for; he took me back to the shop, and while doing so I heard some money drop; I do not know who from, as there was a crowd—the boy at the shop took some bad money out of the till, and said that I gave it to him—the inspector kept my arms tight—and it was impossible that I could move or drop any money.
kalnier's Defence. I had been out of work for eight weeks, and a lady and gentleman employed me to carry some birds from London-bridge to Waterloo-station, and gave me a glass of stout, and this shilling—I bought some soap with it, and the shopkeeper said that it was bad—if Koshant or I had known the money was bad, we could have been in Lombard-street before they could have overtaken us—a policeman in a private dress took me by the arm, and I did not know he was a policeman; I did not think anything of it, for we both had been soldiers—we heard several pieces of money throwing about, but did not know where they came from, and I picked up 1s., and the policeman took me—it is not true that I handed anything to Koshant; how is it possible that I could have done that among so many people? and how is it possible that he could pass bad money when he had no money, as the inspector says he received 1s. from me before he went into the shop?—we are foreigners, and are not acquainted with English money.
GUILTY .— Confined Twelve Months each.
MESSRS. ELLIS and SHARPE conducted the Prosecution.
ALFRED HALL . I am a stationer at Old Broad-street—on 25th November, between 2 and 3 in the afternoon, the prisoner came for eighteen pennyworth of stamps; I served him with eighteen postage stamps—he laid down 2s.—I had 6d. in my hand which I gave him—he turned to go out, and I saw some one standing on the step, and as soon as he could pass the prisoner, he said, "Look at your money"—I then saw that it was bad—I went after the prisoner, and Topham followed him; he went up a passage—I sent for a policeman, and stopped at the entrance as there was no other outlet—I gave him in custody with the shilling—when the policeman arrived, the prisoner pulled out some money.
Prisoner. Q. Were there not six or seven customers in the shop? A. No, only my man and one customer from whom I had received the sixpence.
JAMES TOPHAM . I am clerk to a stock-broker at Bank-chambers—on 25th November I was at the Bank dining-rooms, Throgmorton-street, and got my lunch there—I saw the prisoner there; he tendered a bad shilling to the bar-maid for a glass of stout—she gave it to Mrs. Pickford, the landlady, who gave it back to the prisoner, and told him it was bad—he said nothing, but put it in his pocket and tendered a good half-crown, paid for the stout and left—I watched him into Copthall-court, and saw him counting his money, and putting some in one pocket and some in another, and he put some money between his teeth, and then put it into one of his pockets—he then went into Basley's, a stationer in Old Broad-street, then into Wood's, and then
into Hall's, the last witness—I saw him come out with a little brown paper roll in his hand, large enough to hold some stamps—I spoke to Mr. Hall, and called a policeman—I found the prisoner in a passage in Broad-street, into which I had watched him.
Prisoner. Q. Was I drunk? A. You might have been a little, but the inspector told you that he would appear on the following morning to prove that you were not drunk, and told you that it was of no use going on in the way you were.
ALEXANDER MCKAY (City policeman, 429). On the afternoon of 25th November Topham came for me, and Mr. Hall gave the prisoner into my custody—I searched him at the station and found 4s. 8d. on him, but no postage-stamps—I told him the charge, and he denied passing the bad shilling—Hall gave me this bad shilling (produced)—the prisoner gave his address 1, Bradley-terrace, Wandsworth-road—I went there, it was a public house, and they knew nothing of him.
ANN MATTHEWS . I am barmaid at the Bank-tavern, Throgmorton-street—I saw Topham there getting his lunch on, 25th November—the prisoner was there, and asked for a glass of stout, which came to 2d.—he gave me a bad shilling—I bent it in a detector and gave it to my mistress, who gave it back to him, and he paid me with a good half-crown.
GEORGE CAPEL . I am a mother-of-pearl jewel-case maker, of 10, Seabrook-place, White Lion-street—in the middle of November, I was at my workshop window which looks into the City-road, and saw the prisoner come there, stoop down, and place something on the ground—he went to the bottom of the mews, fumbled in his pockets, put something in one pocket and something in another, and left—I jumped over the wall, went to the place, and under a broken bottle, found a packet sealed up—I took it over the wall to my workshop, and found in it four bad shillings—I can swear to the prisoner—I went round to look for him, but could not find him—I afterwards met him and offered him the money, and he took it—I gave a description of him to a constable—this happened at 12 o'clock in the day—about three-quarters of an hour afterwards he came back, and went to the spot to look for the coin—I ran round again, and before I got up to him the policeman was in pursuit of him, and I found him in custody.
WILLIAM TAYLOR (Policeman, N 183). Capel gave me these four shillings (produced), and a description of the prisoner and of the place—I waited about and saw the prisoner go up the mews to the place—I watched, and saw him come back—I asked him what he did up there—he said that he went there to make water—I took him to the station and found on him two half-crowns and one penny, all good—he gave his name, Alfred Anderson, 6, Bradley-terrace, Wandsworth-road—I went there, but could not find him—he was taken to Clerkenwell, charged with having four counterfeit shillings in his possession, remanded from Friday to Wednesday and then discharged.
Prisoner's Defence. The two half-crowns and the two shillings I had are what I received from the barmaid—I am a tailor—I received some money, and it never left my pocket till I went to have a glass of stout—I never recollect going for the postage-stamps.
GUILTY .— Confined Nine Months.
JOHN WILLIAM MACKAY . I am secretary and manager to the Albert Loan Society—I know the prisoners—they came to me on Tuesday, 23d of last month, I think—I had received this paper (produced) from our office keeper, who is not here—it did not come by post—I was not present when it came—after I had received it I saw Walker on the 23d November at his own residence—I went there—I learnt where his residence was from this paper—I was satisfied with reference to him as a proposed borrower—I produced that paper at our interview—he saw it—we conversed about it and likewise about the surety—I don't think he read it—I read it to him; in the first instance to Walker, and afterwards to Walker and Heatheridge—( This paper was a printed form of the rules of Albert Loan Society, with regard to proposed borrowers and their securities)—I made an arrangement to pay the money to Walker between 9 and 10 o'clock the same evening—I said, "I have been to your surety, Mr. Richards of Marylebone-lane, and have seen Mrs. Richards, and if you will come to night with Mr. Richards I will give you the money"—he said he would, and he did so—between 6 and 7 o'clock of the 23d, Mr. Richards of Marylebone-lane, the person whom I believed we were to have for a surety, applied to me and inquired of me whether I had an application for a loan in that name—I told him that I had, and I produced the paper—Mr. Richards is here—neither of the prisoners were present when this took place—they were present afterwards—(MR. SLEIGH contended that this evidence was not admissible as neither prisoners werepesent. THE COURT considered that it would depend upon the extent of connexion proved between the parties)—I did not know Mr. Richards before—I am satisfied that he is Mr. Richards—he stopped in the neighbourhood three or four hours after our interview, to confront the prisoners—there had been an appointment for them to come at half-past 9 that evening, and Richards remained in the neighbourhood—they came to the office at half-past 9—Richards was not there then—I read over the paper which has been produced to Walker, and asked him if he was the person mentioned in that paper, and likewise to Heatheridge, and inquired whether he was the Mr. Richards named in the paper, and whether he resided in Marylebone-lane—he had not said anything up to that time—I had reason at that time to believe that he was not the person mentioned there—he said that he was—I went on to ask whether he was a coach-smith, he said, "No, I am a hammerman"—I said, "You are described here as a coach-smith"—he said, "That is a mistake, it is all the same"—I knew where to find Mr. Richards at this time—I brought him in and introduced him to them, and after that he asked Heatheridge, whether his name was Richards—Heatheridge said that it was—Mr. Richards then inquired whether he resided in Marylebone-lane, and he said that he did—Mr. Richards said, "You are a vagabond, you are ruining me and my home"—I do not recollect Heatheridge making any reply—I then said to Mr. Richards, "From the information you have given, we have prevented their committing a forgery"—I said, "You can do as you please; if you choose to give them into custody for personating you, you can," and he did give them into custody—I do not recollect what they said at the time—Heatheridge said that he was sorry for what he had done, for his part in the matter—they were taken to the station—the matter was investigated there—I was sent for to sign the paper, and I sigued it.
Cross-examined by MR. SALTER (for Walker). Q. Have you known anything
of Walker previously? A. Not before the application—he was the person represented as requiring the loan—I believe that the representation of him made in that paper is perfectly true—it is usual, after receiving that paper, to make inquiries of the truth of the statements in it, and also of the surety—I made the inquiries about Walker after this had transpired—I went to Richards' house and made some inquiries, and I found that the address given was perfectly correct—I saw Richards' wife, and made inquiries of her with reference to this loan to Walker—I have reason to believe that she knew Walker was intending to borrow 3l., and also that she knew that her husband's name had been given as a surety.
COURT. Q. You have satisfied yourself of that? A. I have—I had not known Mrs. Richards before—there is no doubt that she was the wife of the real Mr. Richards.
WILLIAM RICHARDS . I live at 15, Marylebone-lane—I have a wife—I did not know the prisoners before 23d November—I never saw either of them before that, to my knowledge—I first saw them at the Loan Office between 9 and 10 o'clock in the evening of 23d November—I had had a communication made to me with reference to my becoming surety for a loan to Walker—when I saw them at the Loan Office, I asked Heatheridge the questions that Mr. Mackay has just stated, and I heard him say that he was Mr. Richards of Marylebone-lane—when I heard that, I called him a liar, and said that he was ruining me and my home—I was rather excited—I cannot recollect the exact words—I had never given authority to have my name put down as surety for Walker.
Cross-examined by MR. SALTER. Q. You have become since aware of what your wife has done? A. Decidedly—there is no question but that my wife told Walker to do that, and I believe that what he did was with the full concurrence of my wife—I was not out of town at all at this time—I am usually to be seen at the house where Mr. Mackay called, and any one who had that address and wanted to make inquiries would be as likely to see me as my wife—it has come to my knowledge that the 3l., if it had been obtained, was for my own wife's service, and she was the person who would get the money.
BENJAMIN BAILEY . I live at 19, James-street, Manchester-square, and am an upholsterer—Walker is my nephew, and Heatheridge is my brother in-law—I have seen that paper before—I cannot exactly remember the day, but a short time before this loan was coming off, Mrs. Richards came to me when I was as tea, and asked me if I would take this paper for her to the Loan Office—I was going there on my own business, and I was going to take it for her—I took it, filled up as it is—I received it from Mrs. Richards—I heard no more of it till the very day that they were going to have the money—it was all filled up as it now is, when she gave it to me—I never said anything to Heatheridge afterwards about this loan—I had not seen him at that time—I did afterwards—I went to his place of work at Rathbone-place, to ask him if he would come for Mrs. Richards—I asked him if he would come, as her husband was out of town; if he would come and be answerable for him, or she could not get the money—he said he would come to oblige him—that is all I know about it.
ANN RICHARDS . I am the wife of Mr. Richards of Marylebone-lane—I spoke to Walker about bringing some money for me; that was without the knowledge of my husband—I afterwards got this paper from the office, and gave it to Bailey, and asked him to get some one to represent himself as my husband—I did not know Heatheridge—I was to have the money.
THE COURT considered that there was no case against the prisoners.
NOT GUILTY .
MR. MCDONALD conducted the Prosecution.
NOT GUILTY .
OLD COURT.—Thursday, December 16th, 1858.
Ald. ROSE; Mr. COMMON SERJEANT.
Before Mr. Baron Martin and the Second Jury.
MESSRS. POLAND and ORRIDOE conducted the Prosecution.
HENRY GOODWIN . I am a warder in Cold-bath-fields House of Correction. On Monday, 29th November, the prisoner was brought into the House of Correction—I saw him then, and had some conversation with him—I was taking his name, and I told him he had been in prison before, once or twice; he said, "Once"—nothing further took place on that occasion—next day I was in the dining-room ward about 2 o'clock—the prisoner was there, I was attending to the prisoners' dinners—the prisoner quitted his place, which was about 12 yards from me, and came to me with a piece of meat in his left hand and a knife concealed in his right—I did not see the knife—he said to me, "This piece of meat stinks"—he had a piece of meat in his left hand between his two fore fingers, and his pannikin was hanging on his arm—I examined it and said it was sweet—I was then in the act of laying it on the cupboard, when he struck me a violent blow with a knife across the mouth and lip—the violence of the blow forced me on the cupboard—I am not aware that he made a second blow at me—the warder Morris came in between me and the prisoner; after the blow I was partly stunned—on looking towards Morris, I saw the prisoner inflict a cut on him—I have no recollection of what occurred afterwards—I was nearly choked with blood—I was losing a great deal of blood from the wound in the upper lip.
Prisoner. Q. Did you not refuse to change the meat when you knew it was bad, without examining it? A. I did—it was sweet—I smelt it.
BENJAMIN MORRIS . I am one of the warders of the House of Correction, Cold-bath-fields. On Tuesday, 30th November, I was in the dining ward of the prison about 2 o'clock—I saw Goodwin serving out the rations of the prisoners—I was within 3 yards of him—I saw the prisoner approach him, and heard him say to Goodwin "It stinks"—I did not hear what reply Goodwin made—I heard the prisoner repeat "It stinks, and I can't eat it"—I saw him strike Goodwin in the face with his clenched hand, it was his right hand—I did not see whether anything was in his hand at the time—I did not see what effect the blow had upon Goodwin—I then saw the prisoner raise his hand to strike a second blow, and I stepped in between, raising my hand to the prisoner—I received a blow on the right side of the
face—it was given by the prisoner—I then closed with him, grappling him in the neck, by the clothes—I then received a blow on the left side of the face—I did not feel any cut at the time—I did not see any knife at that time—when I went between Goodwin and the prisoner I did not hear any cries in the room; not till I was struck the second time, then I heard the cry of "The knife, the knife"—I suppose some of the prisoners called that out?—they also said, "Go away, Mr. Morris, you are wounded"—some of the prisoners came to my assistance, and the prisoner was seized—as I turned to go away I saw this knife (produced) close to my feet, and picked it up—I did not notice at the time I picked it up what state it was in—I picked it up and carried it to the infirmary with me—it was one of the dinner knives that would be served out that day to the prisoners—I was in bed from Tuesday till Friday, from the effect of those wounds—as I went away I found that I was wounded—I found blood flowing from both sides of my head—the wound on the right side was near the nose, between the eye and the nose; and the other one was against the ear, on the jawbone at the back—I was attended by the surgeon of the prison, and am now.
WILLIAM MORLEY . I am a sub-warder in the House of Correction, Cold bath-fields. On Tuesday, 30th November, I was in the dining-room of the prison, about 2 o'clock—the prisoner and the two last witnesses were there—the prisoner was sitting about 2 yards to the left of me, and about 12 yards from Goodwin—I saw him quit his seat with the pannikin is his left hand—as he passed me I took particular notice of the way that he held it; he was holding the pannikin in his left hand, the cuff of his jacket over the right hand, and his finger extended down the pannikin—he then passed on to Goodwin—the next thing that drew my attention was the sound of a blow, and one of the prisoners calling out "He has got a knife, sir"—upon looking in that direction, I saw Goodwin staggering, and bleeding from the mouth, and Morris rushing towards the prisoner, and exclaiming "What would you do, man?"—I saw the prisoner brandishing the knife over his head, holding it in his right hand like a dagger—on my way towards them I saw the knife descend twice on Morris—on pushing the prisoner on one side to get at him, I saw Morris was bleeding profusely from a wound in the neck—I then seized hold of the prisoner, and told some of them to take Morris away—while holding the prisoner, I said, "You silly man, what have you done?"—he said, "I hope to God he is dead, and there is two or three more of you want settling"—another warder then came in and took him away—he said, "I will go quietly now"—I then went for the governor, and the surgeon.
Prisoner. Q. Did you not state before the magistrate that you did not see me with the knife? A. I did not see the knife in your hand.
STEPHEN ROBERTS . I am one of the prisoners in the House of Correction. On Tuesday, 30th November, I was in the dining-ward with the prisoner—I saw him walk up to Goodwin with a pannikin in his hand—he drew up a piece of meat in his hand, brought it out of the pannikin, and said, "Mr. Goodwin, this meat stinks"—Mr. Goodwin looked at the meat, and said that it was sweet—the prisoner said, "No! is it?"—he said no more, but struck Mr. Goodwin with his left hand—then he drew the knife, which he had concealed up his right sleeve, and was about to strike Mr. Goodwin in his neck with it; I saw the knife in his hand; I saw him draw it from his sleeve; he held it like a dagger, and struck down with it, so that the knife should not shut, as he made the stab—I called out to Mr. Goodwin, "He has got a knife, sir!"—Goodwin had his head partly turned round at the time;
on his hearing the word "knife," he turned his head again, and in turning his head, instead of its striking him on the neck, it struck him on the mouth; if he had not turned, the blow would have fallen on his neck—Morris was close by; he tried to lay hold of the prisoner; he tried to stop him from striking Mr. Goodwin again—I saw the prisoner strike Morris twice or three times with the knife, and he was in the act of striking him again, when I laid hold of him by the right hand, in which he had the knife; he had the knife up then, going to strike Mr. Morris again—I do not know whether the knife was taken out of his hand, or whether it dropped down; another prisoner laid hold of his other arm—when I laid hold of him, he said that there were two or three wanted doing for there; and then Mr. Morley laid hold of him as well, and said that he must be a foolish fellow, to do a thing like that—the prisoner said that he would put their lights out for them in about a minute—he was then seized and taken away.
PETER TATTON . I am a prisoner in the House of Correction, Cold-bath fields. On Monday, 29th November, I saw the prisoner come into the prison—I heard Goodwin, the warder, ask him how many times he had been in the prison: he said, only once—Mr. Goodwin said it was twice—when Mr. Goodwin had gone away, the prisoner said, "I don't like that son of a b—h"—he did not say that to me; he said it generally—next day I was in the dining-room at 2 o'clock; the prisoner sat alongside of me at the table—I saw him take the knife, and put it up under the cuff of his jacket—he then put the pannikin in his left hand, and put his three fingers down the pannikin, and he went up to Mr. Goodwin with it.
HENRY WAKEFIELD . I am the surgeon of the House of Correction, Cold bath-fields. On Tuesday afternoon, 30th November, I went to the infirmary—I saw the warder, Goodwin, there, aud examined him—I found him with a wound extending from the lip to the cheek, about two inches or two and a half inches in length—it was of considerable depth, but did not go through to the mouth—it was such a wound as might have been inflicted with the knife produced—I examined Morris—he had received two wounds, which I dressed; one on the side of the nose, extending to the cheek, I should think from about an inch to an inch and a half in length, of no considerable depth—the other wound was a much more serious one—that was from just above the lobe or termination of the ear to the angle of the jaw, from which he lost a considerable deal of blood—his clothes were saturated with it; it spurted from him: that was a very serious wound—I am still attending to him—if the stab had been a little lower than it was, it might have been fatal, from the large vessels that it would have divided.
COURT. Q. Not up his sleeve? A. I did not see it up his sleeve—the knife was not in the pannikin when he struck the officer.
JURY. Q. How near did you sit to him? A. As close as I am to this gentleman here (the foreman.)
Prisoner's defence (written.) "On Tuesday, the meat which I received for dinner being quite green, made me think it was not good, therefore I cut the part that was green from the other and placed it on the tin which was given me with my dinner, in expectation of the warder changing it, and eating the remainder of my dinner—I placed the knife which was given to me to eat my dinner in the tin with the bad meat, because every prisoner being answerable for his knife, I thought it proper that I should take it with me when I went to change the meat—and on seeing the warder change
a prisoner's meat, I got up from my seat with my dinner-tin in my left hand, and the meat that was bad, and the knife inside of it—I gaid, 'This meat is not sweet, sir, it stinks,'—he looked at me in the face and never said anything, and then I repeated the same words again, then he looked again, took the meat out of my right hand, and said, 'It is as good as you are,' without smelling it—I said, 'Well, I can't eat it,'—he said, 'Well then go without!' and then he chucked it into a tin that was on the table where he was standing; and for so doing, I was going to give him a smack across the nose—he went to defend the blow with his right arm, and having a knife in his hand, I struck the arm, and sent his knife into his lip by accident, and upon doing so, the other man came and seized hold of me by the throat, and nearly strangled me, and in the act of trying to get away from him, somehow, by accident, I cut him with my knife, not knowing what I was about at the time."
GUILTY on Second Count.—Twenty Years Penal Servitude.
NEW COURT. Thursday, December 16th, 1858.
Before Mr. Recorder and the Fifth Jury.
MR. COOPER conducted the Prosecution.
BRIDGET HALLORAN . I am the wife of Timothy Halloran—I live in Westminster, and occupy a small house containing two rooms—one down stairs and the other up stairs—I don't know whether the prisoner is a married woman separated from her husband—they took my room as a married couple—the prisoner occupied the room alone, she was to pay 3s. 6d. a week for it—I had a black gown hanging behind the door and I missed it—I asked the prisoner what she had done with it—she said she took it and pawned it, and she would bring it home—I afterwards missed my husband's trowsers—I charged her with them, and she said she pawned them; some time after I went to a box where I keep sheets and other things—I missed a sheet, and I told the prisoner she was taking everything I had got, and I would see further about it—I said she robbed me of everything I had, and I would give her in charge—she said, "Will you give me in charge?" I said, "I will,"—she said she would prevent my telling the police—I sat by the fire, and she knocked my head against the grate, and then drew a knife across my neck—she was behind me, and I felt something drawn across my neck—a knife lay on the table, a small worn out knife, with a piece of wire on the handle; this is it (produced.) After I felt this drawn across my throat, I felt the blood—the prisoner ran away as fast as she could—she threw the knife behind the door—I said, "Stop her I stop her!"—the policeman came up—the prisoner hid herself, and the policeman brought her out—I was taken to the hospital—my neck is getting well.
Cross-examined by MR. HORRY. Q. It was well the next day, was it not? A. No—the prisoner occupied my upstairs room—she was with me six weeks
and two days—I don't know that she is near her confinement; I know she is in the family way—to go to her room she must go through mine—I have two tables in my room; one is near the fire—there is one small table which goes into the other—when I was talking to the prisoner I was sitting near the fire; I was sitting on the boards, and she run the knife on me and ran out; I ran after her—she came down stairs into my room—I saw her go up-stairs not many minutes before—I know that she had taken some things before that; I knew it three or four days before; she was taking them always—she took the sheets off the bed and the cases off the pillows—I was sitting by the fire at this time, and she was standing up; she came behind me—I was in the middle, facing the fire; she was standing at my left side—the table was on my left side—I belong to a club at Mr. Morris'—it is to bury people—the money is divided at Christmas—I have no money in that—I pay 2d. a week—I pawned a shawl to pay my rent—I asked Mrs. Flaherty to pawn that shawl; I never asked the prisoner to pawn it—I never asked her to pawn anything for me—I don't know that Mrs. Flaherty went with her to pawn something for me—I could not follow them—I know she cut my neck, and wanted to take my life away—I did not offer to sell Mrs. Flaherty the duplicate of that shawl for 6d.—I never asked the prisoner to go and pawn a blanket for me—I have a duplicate of a blanket pawned at Mr. Harwood's in Vauxhall-road—that is what I pawned myself—the prisoner did not pawn it for me and give me the duplicate and 2s.
Q. Have you ever been in prison yourself for cutting and wounding? A. I had two months because some person threw bricks at me, and I threw one at her and cut her head—I was at the Westminster police-office for assaulting Mrs. Murphy, but I was discharged—the magistrate did not first sentence me to fourteen days—I always am of good conduct—it was on my promise of good conduct that the magistrate discharged me—I am always on very good terms with my poor husband—I have never thrashed him—I never strike him to hurt him—he is a very honest man—I have not got a silver plate on my head—I never told anybody so—there is no one in prison now in a case of mine—there is no one under a sentence of six months for pawning my things—I never threatened to make away with myself on account of quarrelling with my husband; I have never said so—after the prisoner was committed, I saw Mrs. Flaherty, and she said it was a shocking thing, whoever did it—I did not say, "Who can tell that Mary Cunningham did cut my throat?"—I did not say any such thing—I did not say, "Who can tell who cut it but myself?"—I know Mr. Price, the chimney-sweep—I never told him I had been injured in the head, and wore a plate—I never told Mrs. Brannan that I would make away with myself as I was living unhappily with my husband.
MR. COOPER. Q. When your throat was cut, was anybody in the room besides the prisoner? A. No.
JURY. Had you before this day spoken to the prisoner about pawning the things? A. Yes, that she was taking everything—I had spoken to her when she took the gown about a week before, and she said she would return it.
JOHN SEWARD (Policeman, B 178). I was on duty near the residence of the prosecutrix—I met the prisoner; she was walking, and had just come out of the court—I met the prosecutrix just at that time—I stopped the prisoner, and the prosecutrix came up and said she had cut her throat, and gave her in charge—I looked at the prosecutrix's throat; there was a cut
about two inches long, and a little blood came from it—I took the prisoner to the station, and went back to the house—I found this knife behind the door, three or four yards from the fire-place—the prisoner gave up these duplicates to the inspector on duty—I don't know what she said to him.
Cross-examined. Q. Were they running in the direction of Mr. Payne's, the surgeon. A. Yes; down toward Strutton ground—the prosecutrix said, in the prisoners' hearing, that the prisoner did it, and the prisoner said that the old woman did it herself.
PONSONBY KELLY ADAIR . I am house-surgeon at Westminster hospital—the prosecutrix was brought to the hospital—I found on the left side of her throat, a wound about two inches long, and about an eighth of an inch deep—it exposed a main artery, but the artery was not out—it is very probable such a knife as this might have caused the wound—she was under my care about ten days—the wound itself was slight.
Cross-examined. Q. If a person were going to cut their own throat, they would cut from left to right? A. In general they do, unless they are left-handed—I could not say positively, but I think it was from left to right, because there were a few scratches by the side of it, but I could not say positively—it could not so well have been done by a person standing on the left side—but if it were cut from behind it might.
Q. Supposing a person intending to inflict a wound had drawn that knife violently across the throat, would it have been a heavier wound than this was? A. It would depend on how it was done—I have known many a person cut another, and cut as lightly as this, but not on the throat—it is improbable that such a wound could have been inflicted by a person on the left side, if the person were right-handed.
MR. COOPER. Q. A person standing on the left side might have turned the head round and done it, might they not? A. Yes.
JURY to BRIDGET HALLORAN. Q. Was it possible for the prisoner to have got on your right side? A. I was sitting in front of the fire—the table was on my left hand—the prisoner was talking to me behind—I don't know which way she put her hand—she knocked my head, and ran as fast as she could—she said, "Don't stop me, don't stop me."
MR. HORRY called
BRIDGET FLAHERTY . My husband is a sailor—I have known the prisoner since May last—I remember her being committed—I saw Mrs. Halloran that day, and I said to her, "It is a shocking thing, whoever did it"—and my husband repeated the words over again—she said, "Who can tell except my oath who did it?"—the prisoner lived in the next apartment to me; she was a quiet, amiable disposition.
The prisoner received a good character.
GUILTY of Unlawfully wounding.— Confined Nine Months.
132. WALTER COOPER , was indicted (together with John Webb, not in custody), for unlawfully assaulting Mahomet Ali on the high seas; Second count, for assaulting Hassan Ali; Third count, for assaulting Ker Chil.
MR. SERJEANT BALLANTINE and MR. METCALFE conducted the Prosecution.
MAHOMET ALI (through an Interpreter.) I was the serang on board the Commodore Perry—Captain Webb was the captain—the prisoner was chief mate—the vessel was on a voyage from Calcutta to England—there were forty-five natives of India, a low caste man, and two Tupes—some time after
we left Calcutta, they beat me severely, and took away my chain and dress—the mate put the pig's tail in my mouth, and put my hands behind me—the pig's tail was put in two or three days—he forced the pig's fat in my mouth—two days the pig's tail and one day the pig's fat—he had hold of me by the neck, and put the pig round my neck and forced the fat in my mouth: he put pork in my hand to go and grease the topsail-sheet with the fat—that is generally done by Europeans—it is not usual to put any grease on the topsail-sheet—the pork fat was put in my mouth more than once—the mate forced it with his hand—the chief mate was there when the captain did it, but the chief mate forced it with his hand—pork was rubbed over my face by the mate—eating pork is quite forbidden by our religion, or touching pork at all—I was pricked with the bayonet more than once—for two days the chief mate had the bayonet in his hand, and used to prick me, and order me to run—I was struck by the chief mate with this rope that I have brought with me, aud besides the rope, he cut me with the belaying-pin—I was struck with the rope, sometimes with one hand, sometimes with both—this began a month after we left Calcutta, and lasted till we came very near to Europe.
Cross-examined by MR. SLEIGH. Q. How many white men were on board besides the captain and mate? A. There were forty-five Hindoos and six coloured men—during the first month the mate did not beat us; the captain was the first who inflicted any violence on me—the beating from the chief mate was very often done when the captain was down stairs—when I was first struck I had been disrated; the captain disrated me—I don't know how many times I attended at the Thames police-court as a witness in this matter; it may have been five times—I mentioned the captain and the chief mate also in the first instance—I said I was assaulted by the mate and the captain; I always charged the captain and the chief mate.
COURT. Q. Was the captain at the police-office without the mate? A. I can't say; probably the captain came first alone—I complained to the magistrate before either the mate or captain were there.
HASSAN ALI . I was one of the crew—the mate made me eat pork—while the crew were eating their food, the mate brought the pork and mixed it with our food—he threw me down on the deck, and rubbed pork on my face; both the captain and mate did, and forced the pork into my mouth with an instrument of iron.
EDWARD MCGOWERING . I was quarter-master on board the Commodore Perry on the voyage from Calcutta to London—a good many hands were shipped on board at Calcutta—there was a serang at the head—I have seen the mate flog the serang with a rope several times with his clothes on—I have seen him use a harpoon-staff—I don't know that I have seen him strike the serang; I have seen him strike Hassan Ali—he did it very often—it is past my counting to tell how often it was done; sometimes two, or three, or four, or five times a day—it was done very often when I could not see it—I have seen pig's guts knocked about them, and pig's tail shoved down their throats by the mate and captain too—I have seen that done to the serang several times, as long as the guts lasted, and seen the mate beat him—he was sitting on the boat, and he has come behind him; if he saw him, he would run away—one went over; whether he fell over or jumped over, I can't tell; I did not see him go—I was aft and he was forward—it was at that time blowing a fresh breeze—directly he went over there was a report, "Man overboard!"—I saw a bayonet used by the mate; he used to
prick the serang with it—I law a boy sharpen it before I cleaned it; I was sent for to clean it for that purpose—the serang was kept sitting on the keel of the boats, and he would go and ask him if he was cold; sometimes he was afraid to say he was—if he said he was, he would come down, and was made to ran fore and aft till he got warm—if he did not run fast enough, he would prick him with the bayonet—I heard there was blood; I did not see it myself—when that was done with the pork, I have seen the men go down on their knees and beg that it might not be done.
COURT. Q. Was it necessary that pork should be eaten on board; were you short of food? A. No—there was plenty of provision.
MR. SERJEANT BALLANTINE. Q. Have you ever been on board a vessel where there were Hindoos before? A. No—it was the first—I saw nothing mutinous in the conduct of the serang.
Cross-examined by MR. TALFOURD SALTER. Q. Tell me what reason the captain gave for behaving to these men in the way he did? A. I could not see any reason for his doing it—I have heard the mate complain of the conduct of the men—I could not state now what complaint he made—it was a common thing when the captain came on deck there was something to tell him—he used to complain sometimes that they were lazy—he said there was no getting on, unless he got the vessel better worked—I saw the mate on several occasions with a bayonet—I saw the bayonet touch the man's trousers several times—I have seen these men thrashed with the rope when the captain was on the poop sometimes, and sometimes below—I have heard the captain give orders to the mate to do so, and to the serang besides, and several of them—to the new serang and to the old one too—I have seen the serang, according to the order of the captain, thrash the men—I have seen the serang do it by his own wish—I could not see any occasion for his doing that—I never troubled my head about his business—I knew Ross—I have seen him ill-use seamen—I saw the mate interfere—Ross had been beating one man, and the mate came and told him there was plenty to do that without him—I heard him say he would not allow him to ill-use them.
MR. SERJEANT BALLANTINE. Q. The serang has the management of these men? A. He generally is supposed to have the management—this man remained, till he was called, sitting on the keel of the boats—there are two boats lie bottom upwards on the deck, and he was sitting across them—he was obliged to go there—he was not allowed to go away—sometimes he had to sit across the two—I have seen him sitting across the keel with a lead tied to each toe, sitting on the sharp edges—that was the serang—this was in cold latitudes.
COURT. Q. Do these men feel the cold much? A. They feel it more than Europeans, and their dress is very thin—the serang was not kept sitting there long with the lead tied to his toes, but sometimes the whole day without any grub.
JURY. Q. What was the weight of the leads? A. I could not say—they may be between seven and eleven pounds—one was tied to each great toe—this was by order of the mate—the captain was not on board when he was put there, but he came on board—this began before the pilot was discharged, perhaps about three days after we left Calcutta—it continued till I left—this was talked of by the European crew—they considered it cruel.
Cross-examined by MR. SLEIGH. Q. When did this begin? A. On the day we discharged the pilot, about three days after we left Calcutta—these
cruel practices commenced about three days after we left Calcutta, both by the captain and mate, whichever was on deck, and so continued as long as I was on board—I have not mentioned in Court about the lead being tied to the toes, but I have mentioned it—it did not come into my head while I was in Court, and if I were to sit longer I should think of more.
MR. SERJEANT BALLANTINE. You did not think of that when you were before the magistrate? No.
JURY. Q. Did you speak to the captain or mate about their cruelties? A. No—this continued till I left the ship—I came right up to Gravesend.
JOHN JACOBS . I am a Russian—I was on board the Commodore Perry—I shipped in Melbourne at Port Philip—I came from Calcutta—I have seen the mate beat the serang, and he gave him two pieces of pork in the middle part of the ship—he put two pieces of pork in his hand, one in each hand, and he said, "You go and grease those top-sheets"—he could not go with two pieces of pork in his hands, and he took the bayonet to make him go up: the captain and the chief mate—sometimes the captain did it, and sometimes the mate—the bayonet went through the man's flesh—he wore very light trousers; calico, I think—I can't say that I saw any blood—I saw him prick him very hard—it went into the flesh—these are the trousers he had on; and besides that, I saw the chief mate and captain take a piece of pork, perhaps a pound, and put it in his mouth, and take the belaying-pin, and push it in—the captain and mate did that—the belaying-pin is about twelve inches long—it is a wooden pin—I have seen pork used by the mate several times—the West Indian cook was a coloured man; when he killed a pig, I saw the captain and mate take the entrails, and put it round the neck, and over the shoulders of the serang—I have seen Hassan Ali flogged by the captain and mate, and anyone that was ordered by the captain or mate—he would call them to lay him down—I have seen somebody kick the man down and flog him; the serang and the others as well—when kicked down, he would fall any way, and I have seen him beaten in that way—he said, "I want you to do what I order you to do"—the serang did nothing to make the captain do it—and said nothing at all.
Cross-examined. Q. You have sailed in a good many ships? A. Yes, the serangs are generally a good body of men—if he knows his duty—this serang was a man fit for his duty, he attended to his duty regularly—he was disrated when he had been afloat about a month, and his whistle taken from him; the captain disrated him for nothing at all, and ill-used him from day to day, and this other man too (pointing to another man)—these men are not generally very slothful—they are in general an active set of men, doing their duty rapidly—they are not lazy.
JURY. Q. You say other people flogged them by order of the captain; if the captain told you to flog a man, should you have felt bound to have done it? A. I don't know, I can't say—if the captain orders, I am bound to to do it; if I do not, I get flogged too.
COURT. Q. Have you seen this done with the captain's orders, and the mate's orders? A. Yes; I have seen the mate do it when the captain has not been on deck—he has done it when the captain has not been there—I have seen it done by the captain and mate when they were together—I have seen the mate flog the serang, and give him pork many times when the captain has not been there, when the captain has been below.
LIEUT.-COLONEL HUGHES . I was in the service of the East India Company—I was twenty-six years in India—I know the custom of those people—it is considered the greatest insult they can have, to make them eat
pork, or touch pork—a man who would touch pork would be put out of society—Mohammedans would have no further intercourse with him—if he took it voluntarily, or if it were forced on him, that would be the case—they would all have to pay a certain sum of money to be received into the community.
COURT. Q. Suppose they touch it accidentally, would it be so? A. I don't know that it would; but if it were forced into their mouth, I believe they could not be restored—they feel themselves degraded by it; most decidedly so.
MR. SERJEANT BALLANTINE. Q. I believe you are secretary to the Strangers' Home? A. Yes—this inquiry has not been made by them, but I heard of it, and went to watch the case.
Cross-examined. Q. I believe these eastern people are very slothful in their habits? A. I can't say that; but if they are well treated, and are well, they are as fine a set of men as English sailors—it depends very much on whether they are seamen or landsmen—I never heard of the prisoner, or heard his name, till last week.
MR. SERJEANT BALLANTINE. Q. You heard of it from the serang? A. Yes; he came and spoke to me—I asked him if he had the captain's order to come to me—he said he had not—I said he must go before a Magistrate, and I went there to watch the case—in consequence of the rumours that I heard, I had reported the circumstanoe to the Board of Trade, and asked them that the whole case might be thoroughly investigated—I remained there day after day—I felt from the very first instant that you must include the mate.
MR. SLEIGH. Q. Was not the summons first against the captain for an assault in the Victoria Docks t No—what I heard was this; that there was a summons against the mate for tying up Hassan Ali, and having him flogged in the Victoria Docks.
MR. SERJEANT BALLANTINE. Q. The serang communicated with you immediately on coming to England? A. He did—he made a statement to me as to what happened on board the vessel—on that occasion he mentioned the mate.
GUILTY .— Confined Six Months, without Labour.
THIRD COURT.—Thursday, December 16th, 1858.
PRESENT—Mr. Ald. ROSE; Mr. Ald. GABRIEL; and Mr. COMMON
Before Mr. Common Serjeant and the Seventh Jury.
MR. MARSHALL conducted the Prosecution.
E. P. MORRISS. I live at 33, Charles-street, Pimlico. Mrs. Morriss is entitled to a house in Derby-street, in which I have an interest, and am her agent—the prisoner called on me in September, and said, "I am a commercial traveller for my brother, who is in the woollen trade in the City"—he gave his name, Alfred Lowe, 1, Wellington-place, St. John's Wood, and said that he had resided there three or four years; he also said
that he had house property to the amount of 200l. a-year, and that his wife was very fond of Pimlico, and that it was the best place for her to come and reside—he referred me to his landlord, Mr. Smith, 30, Smith-street, Chelsea, who he said was a builder in a very large way of business, and said he would go there and inform him that I was coming, that he might be in the way—I went the same evening—I saw a female, and inquired for Mr. Smith—she said that she was his wife—I have made inquiries, and have ascertained that there is no such person as Mr. Smith except the prisoner, who acts as Mr. Smith—there was no such name up at the builder's yard; nothing of the sort—I did not ascertain who the woman was; I have never seen her with the prisoner—she said that Mr. Smith was obliged to go out on important business, but that she was Mrs. Smith, and could answer inquiries.
HENRY COWLARD . I am a solicitor of 14, Lincoln's-inn Fields. I know the prisoner as Alfred Smith, of 30, Smith-street, Chelsea—he took that house of me in June, 1858, and as far as I know he was there in September.
Cross-examined by MR. GIFFARD. Q. Did you see him personally? A. I did—he signed this agreement for three years (produced, dated 19th June, 1858), but I did not see him sign it—it is between Clelia Georges and Alfred Smith—the rent was due on 29th September, and to the best of my recollection twenty-one days had expired before proceedings were taken.
MR. MARSHALL. Q. Was the house deserted by the prisoner? A. It appeared to be so; it was locked up, and to the best of my recollection twenty-one days had expired then.
E. P. MORRISS (re-examined.) When I went to 30, Smith-street, I saw a female; she said, "I am the wife of Mr. Smith; he is obliged to go out on important business, but I am instructed to answer any inquiries for him" (MR. GIPFARD objected to this evidence, but the COURT considered that it must be heard)—I told her that I was referred by a person describing himself as Alfred Lowe, of 1, Wellington-place, St. John's Wood, who was about taking a house, and who said that he had been Mr. Smith's tenant four years—she said, "He has been our tenant four years, and is a most respectable man, possessed of private property to the amount of 200l. a year, and we are very sorry to lose him as a tenant"—on that representation I let the prisoner the house on this agreement (produced)—he is bound by it not to let any portion of it or put any bill in the window, but the day after he got possession a bill was put in the window that the upper part was to be let unfurnished—I had given the key into his hand on 23d September, the day the agreement was signed—I made inquiries at 1, Wellington-place, St. John's Wood—there are two Nos. 1; one is a tobacconist's shop, and the other a brothel—I could hear nothing more of Alfred Lowe, and found that numbers of persons had been making the same application—I could not trace any goods as having been removed—I inquired at 30, Smith-street, and on my return went to see the party who had given me the reference, and found the house deserted and locked up—the prisoner brought a person to my house, whom he described as Mrs. Lowe; she was not the woman who had described herself as Mrs. Smith—the house was deserted three weeks after quarter day—I ascertained who the landlord of 30, Smith-street was, and called on him—I purposely avoided going to the prisoner, because I suspected that I had been swindled—the house was deserted the day after I took the prisoner in custody—the furniture was all removed, and the person who had described herself as Mrs. Lowe said her name was Ward, and that the furniture belonged to her—this is the counterpart of the agreement (MR. GIFFARD objected to this being put in unless Mary Ann Morriss, the attesting
witness, was called)—Mary Ann Morriss is my sister; she saw the prisoner sign it, but I did not; she is absent through illness—I can swear to her signature—my mother could have proved it, but she is attending on my sister (THE COURT considered that it was not necessary to put in the document).
COURT. Q. Was he afterwards in possession of the house? A. I never saw him in the house till I took him in custody—he was then in possession.
JOHN WINCHESTER . I am a painter and plumber, of 147, King's-road, Chelsea. In the beginning of June 1858, I was employed to let 30, Smith street Chelsea,—the prisoner came to me about the second week in June, he said, "I am Mr. Smith; I am of the same trade as yourself; have you the letting of the house, 30, Smith-street?" I said yes, and told him it was 36l. a year for three years, or 37l. for twelve months—he referred to Mr. King, of Elizabeth-street Chelsea, and Mr. Cockett, a builder, of Upper Bermerton-street Caledonian-road; 78, I think—I called at Mr. Kings; Raw Mrs. King, and told her who was about taking a house; she said that Mr. Smith was a highly respectable man, and was perfectly in a position to pay me 36l. a year; that she had known him some years, and her husband had known him much longer, for they worked together as artists—I went directly to Mr. Cowlard, the solicitor—I have never been at the house since I saw Mrs. King.
HENRY COWLARD (re-examined.) In the month of June I acted as solicitor for Miss T—the proprietress of 30, Smith-street, Chelsea—I received a communication from Mr. Winchester, in reference to that house, in consequence of which, I wrote a letter to Mr. Cockett, 78, Upper Bermerton-street Caledonian-road—I have not got it here—this is the letter I received in reply: (Read: "Mr. H. Cowlard. Sir, In answer to your inquiry with reference to my tenant, Mr. Smith, he has rented my house four years, at 40l. per annum, always regular in his payments, and I consider him good, having an annuity of 90l. from his wife. Yours truly, J. Cockett")—I then agreed with the prisoner for the house, and this agreement was drawn up; it is an agreement for No. 30, but the house is described by mistake as No. 29—I saw the prisoner sign it—I did not see him in possession, but I saw that the house had all the appearance of occupation—a quarter's rent has become due.
Cross-examined by MR. AUSTIN. Q. Did you ever see him go in and come out of the house? A. No; I passed the house several times, and called next door—I never heard of the water being cut off by the landlord for a month—I wrote a letter to Mr. Warburton to get it laid on on his taking the house—I might have written two letters, but do not remember it.
MR. MARSHALL. Q. Did you write to the other referee, Mr. King? A. Yes—this is the answer—(This stated that Mr. Smith was a respectable man, and honest in all his dealings.)
ELIZABETH AVENALL . I am a widow, of 6, Lime-street, Caledonian-road. About March last I took an apartment at 78, Upper Bermerton-street, Caledonian-road, and resided there not quite three months—I knew the prisoner there as Mr. Cockett—I paid my rent to the female of the house, who gave her name as Cockett—I received receipts—I do not know whether she or her husband signed them; it was not the prisoner—I used to pay the money, and give her the book—I never paid any rent to the prisoner at that house; I did in Blundell-street—I did not understand that the prisoner was the landlord of 78, Upper Bermerton-street till just before I left—he came there to receive the rent of the female—she was put there to receive it for him—I have not seen her pay the rent to him, but she told me.
MARIA MILLS . I live at 4, Naval-street, Caledonian-road, Islington. I first knew the prisoner in Blundell-street, Caledonian-road, No. 4—I occupied the second floor there—I paid my rent sometimes to Mr. Cockett, the prisoner, sometimes to Mrs. Avenall—the prisoner signed the receipts for rent; they are signed "A. Smith"—I asked him how that was, and he said that he was agent for Mr. Smith, and then he laughed—he told me that he had several other houses, and asked me if I would take apartments with him and live rent free, and collect the other rents for him—I said that I could not without my husband's consent—the prisoner said that he had several other houses, some in Baker-row and some in Oxford-street.
Cross-examined by MR. DUNCAN. Q. Who had possession of this book? (the receipt book.) A. It was given to me when I went into the house, which was in this year—my husband was living there; he is a pocket book maker—the prisoner did not speak to him about going to live elsewhere; he never saw him—of course I should not have gone without my husband.
ABRAHAM WITHERS . I live at 1, Money-villas, Camden-town, and am a builder's clerk and house-agent—I was employed by Mr. Richard Richardson of St. Paul's-road, Camden-town, in September, to let a house for him, 4, Queen's-road, Camden-town—the prisoner called at Mr. Richardson's, and applied to become a tenant—he called himself Alfred Lowe, and described himself as a commercial traveller, having a private income from houses at Leeds, I think he said, and that he had property to the amount of 200l. a year—he looked at the house, and referred me to Mr. Smith, builder, of Smith-street, Chelsea, as he had lived in a house of his at Wellington road, St. John's-wood, for five or six years—Mr. Smith called it Wellington place—he said that he still lived there—I applied at the reference in Smith street; the door was opened by a female, and I saw a man of respectable appearance—it was No. 30—I said to the man, "Your tenant, Mr. Lowe, has referred me to you, as he is about to take a house of me"—he said, "Mr. Lowe is a very respectable man, and he will make you a very good tenant"—the female said, "The only fault we have to find with Mr. Lowe is his leaving us; for whenever quarter day came round, there was our money: we shall not get such a tenant again"—on that, I let him the house—there was merely a memorandum in writing to say that he would sign an agreement—this is it (produced)—I wrote it, and he signed it—he entered on the occupation of it the day after quarter day—I afterwards called on him at the house, 14, Queen's-road, with the landlord, Mr. Richardson; a female came to the door; we asked for Mr. Lowe; she said that he was not within, but we saw him bolting a window, as if he was afraid of our going into the house—we did not go in, but we saw him through the glass, and said, "There is Mr. Lowe; what did you tell us he was not at home fort?"—he came out, and said, "This is very ungentlemanly, coming here at this time of night—we told him that we had heard things that were not satisfactory, and all we wanted was for him to be off about his business—he said if we wanted our quarter's rent in advance, he would give us a cheque on his bankers, or four or five references—we said that we wanted neither—he afterwards sent us the key; but before that, it became such a nuisance that we were obliged to place a constable at the top of the road to prevent any goods coming down—I received this note by hand with the key—(This was signed A. Lowe, and complained of the goods being stopped.)
ROBERT COX . I am a builder of Wellington-square, Chelsea, and was the owner of 13, Robert-street, Chelsea, in July last—it was to let in July, and the prisoner called on me, and applied to become my tenant—he
described himself Alfred Smith, painter, plumber, and house decorator, and that he was doing a large job at Islington; and had got twenty men at work there, and that he lived at 1, Wellington-terrace, Clapham—there are I think, two or three Wellington-terraces there, but I could not find him there—he referred to Mr. Badgery, 19, Church-street, Chelsea—I went and saw Mrs. Badgery, who said that he was a very respectable man, and had lived in a house of his a long time, and paid him 40l. or 60l. a year, I forget which, and she was very sorry to part with him—I agreed with the prisoner to let him that house on the faith of that reference—I gave him a short agreement; he was to take possession at the half-quarter, and I think he went in a few days before—there was a lodger in the house at the time, and he stuck up a bill to let apartments—I went and took the bill down, and told the lodger that he should never take possession of that house—I went to Mr. Badgery's, and found that the prisoner was living there—I waited till I could see him, and met him in the road—I told him he had deceived me about the house, that he had not moved into it, and that I should not allow him to go in—he said that if I would let him take the rent that was due from the lodgers, he would give me back the agreement and the key—I consented to that—it is a memorandum signed by him—there was a counterpart; he signed one, and I signed the other; this (produced) is the one that he had.
Cross-examined by MR. DUNCAN. Q. Did not you tell him on that very occasion that you had succeeded in selling the lease of the house, and wanted him to go out of it? A. Yes; we settled the matter over a bottle of wine, or a glass of brandy-and-water, but not at his expense.
THOMAS MAUNDER . I live at 27, Princes-street, Chelsea. 2, Elizabeth street, Chelsea, is my sister's house, it was to let in June last, and the prisoner applied to me to become the tenant—he said that his name was Alfred Smith, and that he was a house decorator—he referred to his landlord, Mr. Badgery, a builder of Church-street, Chelsea, in a house of whose he was living in Wellington-place—I called on Mr. Badgery, who said he had been a tenant of his for three years, and he had only to write for his money and he had it—in consequence of what he stated, I let the prisoner the house—I could find no such place as 1, Wellington-place, Clapham—I saw the postman, and asked him if there was such a place, he said, "No"—I am sure the prisoner said Wellington-place, he wrote it down—the prisoner signed this memorandum, and took the counterpart away with him—since the rent became due, I called at Mr. Badgery's and the house was shut up.
Cross-examined by MR. DUNCAN. Q. Do you live at Clapham? A. At Chelsea—I do not know that there are three Wellington-places at Clapham. I made all the inquiries I possibly could—I searched, and I went to Manor street.
MARGARET MCLEAN . I live at 27, Bryanston-street, Portman-square, and am the owner of the house—I am in the habit of letting it furnished—I was desirous of letting it in March last and advertised it—the prisoner called on me about the middle of March, and said that his name was Cruse, and that he was an agent—he gave me a card similar to this—"A. Cruse, 7, Maddox-street, Regent-street"—he asked the rent of the house, I said that it was 250 guineas a year—he said that he would give 250l. and he had a gentleman who the house would suit, a Mr. Davis, M.P., an independent gentleman in Cambridgeshire,
who was stopping at the Ship hotel, and was very anxious to get the house; that he had estates in Cambridgeshire, and a great deal of property in London; that he had known him a number of years, and had taken several houses for him, one in Cavendish-square, and and another in Albany-street, Regent's-park—he said that he would send for Mr. Davis; and on the next afternoon, at 3 o'clock, Mr. Davis came alone; he viewed the house, and said that he liked it very much; that he left the house business entirely to his agent—they met one evening at 9 o'clock to draw up an agreement—Mr. Cruse drew it up in the drawing room, and I signed it—it was written on Mr. Cruse's paper, and he took it away, saying that he would get it stamped at Somerset House, I have never seen it since—the prisoner came on 30th March, that is the day that the tenancy was to commence—Davis also came, and the agent came and took the inventory; he called himself Cruse's agent, his clerk—I gave him up the key, but they never got possession—I got possession by the assistance of the police some time after; I never got the keys—I left the house that night, leaving the prisoner there—I found on the night following that the house was deserted—it was agreed that Cruse was to pay me three months' rent in advance, and before I left the house he said that he had some of Davis's rents to collect, and he would pay me tomorrow morning, at 13, Quebec street, at 11 o'clock—I went there and waited all day, and he never came—I had agreed to pay him 5l. per cent commission as a house agent—he never claimed that—I saw him in custody months and months afterwards.
JAMES HUTCHINGS . I am landlord of 7, Maddox-street, Regent-street. The prisoner was my tenant there—he took it as a surveyor and architect—he gave the name of Alfred Cruse—he did not practise surveying—he practised swindling to a great extent—he did not carry on the business of house-agent at all—he has passed under the names of Alfred Lowe, Augustus Stanhope, Brown, &c., and two other names, and he professed to be a dentist once.
COURT to E. P. MORRISS. Q. Do you know this paper? A. Yes; it was drawn up at my instigation and was delivered to Mrs. Morriss—the prisoner had the other part—I gave it to him solely on the representation he made about Mr. Smith.
GUILTY .— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
FREDERICK WADDY . I am accountant to the Eastern Counties Railway Company. My office is at the Shoreditch Railway-station—the prisoner has been a clerk there about two years—he was formerly at the Stores department at Stratford—the whole of this invoice marked A is in his writing, except my signature, and the stamp at the bottom—(Read: Eastern Counties Railway, October 1st, 1858; John Roberts, 55 fathoms of wood, discount 10s. 4d.; certified as to quality and rate only. J. B. Examined, Henry Newman, store 3010, Frederick Waddy.)—if goods had been supplied as stores, the invoice would have been sent down to the Store keeper's department at Stratford, and another invoice would have been sent to me—the invoices are made to the prisoner—it was the duty of Mr. Bullivant, the store-keeper at Stratford, to see that the quantities mentioned in the invoice were correct, and upon that being certified, the invoice would be sent up to my office in London, and exchanged for the one I hold—it would be the prisoner's duty to examine it on its arrival at my office, to see that the sum charged was carried out accurately, and to see that it was
posted into the invoice book—he would calculate it, so much per foot—it was not my duty to sign it after that, but at the end of the month the party sends an account for all the goods—my name is to this invoice—I should put that in consequence of finding the name of Newman on it—this "Frederick Waddy" is my signature—this invoice would go before the Directors, and a cheque would be drawn for this amount—this receipt marked "D" is in the prisoner's writing—read: "November 16th, 1858; received of the Eastern Counties Railway Company, the sum of 20l. 2s. John Roberts"—this letter marked "E" is in the prisoner's writing—read: "Eastern Couties Railway, 12th November, 1858.—Mr. Roberts, Dear Sir, I am sorry to be so troublesome, but shall feel extremely obliged by your sending the notice sent out from this Company, by return of post, for which purpose I enclose a stamped envelope; I have spoken to our store keeper to ask him to give you an order for firewood, and have no doubt you will have one very shortly—we have been burning up all eur old sleepers lately, H. Newman.—Please to return them at once or the other man cannot obtain his small account"—these two receipts "G" and "H" are in the prisoner's writing—(One of these was for 29l. 5s., signed—and the other for 45l. 6s., signed "J. Barness.")—this receipt marked "G" is in the prisoner's writing and the signature as well—this one, marked "M" is in the prisoner's writing, but I am unable to swear to the signature.
Cross-examined by MR. GIFFARD. Q. I understood your first answer to be, that all of these invoices, except your signature, were in the prisoner's writing? A. Yes—I mean that—I mean the word "certified"—I have not the smallest hesitation in saying that this "store 3,010," is in the prisoner's writing, and the figures "22l. 2s. 2d." also—there is no mistake about that—it is only the signature and the stamp that are not in the prisoner's writing—the invoices are made out in duplicate—I mean that that they are made out by the tradesmen who supply us with goods—one is sent to my office, and the other is sent immediately after the goods are sent, to the storekeeper at Stratford—it is no part of the business of my office to see to that—it is an instruction to the tradespeople—at the end of the month an account is sent in of all the deliveries within the month—I constantly find that all these orders are not carried out, especially where persons only send in one supply of goods—all the goods are ordered from the storekeeper by the instructions of the Directors, but goods ordered for the permanent way are ordered by the superintendent of the permanent way, whose office is at Stratford also—sleepers are usually ordered from the stores, but I am unable to say positively what particular articles are ordered by one or the other—Mr. Bullivant will be able to tell that—I have not examined this document with anything, before signing it, because the prisoner was a responsible clerk in my office, and the work I had to do being exceedingly heavy, I signed it on his presenting it to me—the prisoner's signature shows that he has examined the calculation, and that he has a certified invoice from the storekeeper—my signature is only a matter of form, as the head of the office—I do not certify that I have examined anything personally upon the examination by the prisoner—my signature goes as a matter of course—this invoice of October 1st is in the prisoner's writing also.
MR. BODKIN. Q. Is it part of the prisoner's duty, on seeing an invoice properly certified, to enter the sums to be paid, in this book (produced)? A. Yes—I see here a sum of 20l. 2s., payable to Mr. Roberts, with 10s. 4d. discount, marked in another column—the net sum is 22l. 2s. 2d.—the date is 25th October.
MR. GIFFARD. Q. What is that book? A. All the stores that are to be passed on to be paid are entered in a book in my office, and sent in with the accounts to Mr. Fern—all this is the prisoner's writing, on October 25th, the names of the customers as well.
JOHN BULLIVANT . I am storekeeper to the Eastern Counties Railway, at Stratford—stores that are bought for the use of the Company are all bought through me, and come under my care—the Company bought wood of a person named Roberts, living at Hampnill—the last order I gave him was on 12th July, 1856—I have had no dealings with him since—Roberts' invoices were on printed headings, and I should have an invoice of some kind, stating the quantity and the rate, which it would be my duty to ascertain was correct—these initials, "J. B." are not my writing—I know nothing of the transaction—if this had been a genuine transaction it would have been my duty to have certified the invoice, and passed it to the accountant for payment—I should have transmitted the actual invoice to the London department, certified as this purports to be—in August, 1857, I had a small quantity of wood from Mr. Barnes, about three fathoms per diem—I have got his account here—it is not kept by myself, but I know that there was not 45l. 6s. due to him in August, 1857.
Cross-examined. Q. You say that this "J. B." is not your writing; is it like yours? A. It is a bad imitation—probably 2,000 or 3,000 genuine documents with my signature go through the office in a year, about 1,500 of which go through the prisoner's hands, and he would have the opportunity of seeing my initials—I should say, directly I saw it, that these were not my initials, even without hearing about this case—here are some genuine ones (produced)—we keep the stores for the permanent way—they are ordered by the superintendent through me—I give the official order—he receives the goods and certifies them, not at Stratford, but at the distant depots. Mr. Sinclair is the chief superintendent for distant depots, but he has half a dozen under him—Mr. Brown would certify at Stratford, and sombody else at Norwich—the office at Stratford is at the same building as mine.
MR. BODKIN. Q. Look at this invoice—would that wood be for the permanent way, or for burning? A. For burning—it is for lighting the engine fires, and would come into my department—before putting my initials, I see that the order is given, and then that the quantity is correct—I then send a note of advice to the person who has received it, and then I pass the invoice—I am sure there was no such bill as this at that time.
GEORGE FERN . I am clerk to the Audit of Accounts' Committee, Eastern Counties Railway, Shoreditch. I receive the tradesmen's bills to lay before the Directors, in order that cheques may be drawn—the prisoner was a clerk in the accountant's office—this invoice, with the book, was laid before the Directors, and they ordered a cheque to be drawn for 30l.; it was drawn in the cashier's office, and afterwards signed by the Directors and passed to the cashier, to be handed to the parties it was intended for—I have no doubt that this (produced) is the cheque for 20l. 2s. signed by the Directors, but it is not part of my business.
WILLIAM HICKLEY SPROUL . I am cashier to the Eastern Counties Railway, at their offices at Shoreditch. The prisoner has been there two years as clerk, but not under me—it is my duty to obtain the signature to trades men's bills from the Directors—this cheque was prepared from this invoice by one of my clerks—these are the signatures of two of the Directors—this book is kept by the accountant—it is not taken before the Directors when the cheque is taken to be signed, but the invoice would be—here is also the
signature on the cheque of Mr. Owen, the Secretary—it is his writing—immediately on its being signed, a letter of advice is sent to the party in whose favour it is drawn—this is the letter of advice (B)—it is filled up by one of my clerks and signed by me; it would be posted to the person who is to receive the cheque—the date of the cheque is 16th November, and the date of the letter, 12th November, because the cheques are signed afterwards—I afterwards received this second cheque from some one of the clerks for some money he had to account for—it does not follow that the cheque was paid on the day it is dated—I delivered it to the prisoner, and he gave me the receipt in exchange for it, and this printed letter as agent of John Roberts
Q. Just look at these other two receipts, one dated March, 1858, and the other, August, 1857, and tell me whether you received them from the prisoner. A. This one, dated the 24th, I did; it is marked "J"—the other I cannot positively say—I paid him the amount at the time.
Cross-examined. Q. You say that you received this cheque from the prisoner; when did you first see it? A. I saw it before it was signed—I saw it complete on the 16th—I fix on the 16th, because it is dated the 16th—I have an independent memory of this particular cheque by the number—all our cheques are numbered—this is 2,936—this receipt bears the number of the cheque, "2,936," written by me in coloured ink, and then there is this entry in my books, 20l. 2s. as paid to the prisoner on the 17th—I do not assume it to be so by these documents—I remember paying it to him, independently of these documents, at my office, on the 17th, according to the date in my book, which was made by myself at the same time.
GEORGE HENRY DESAULLES . I am a clerk in the booking office of the Eastern Counties Railway at Shoreditch. On 17th November the prisoner came to cash a cheque for 20l. 2s.—I cannot swear that this is the cheque, but it is the same amount and date—I paid it to the chief booking clerk, Mr. Ellis, with my day's receipts.
WILLIAM HENRY ELLIS . I am chief clerk in the booking-office—this cheque was handed to me by the last witness, as part of the day's receipts—I gave it to Mr. Sproule to be paid to the day's receipts with the rest of the cash of the day, I believe.
Cross-examined. Q. Why? A. Because it is the same amount, and date, and name—I have an entry of the amount only, but I remember that the name was Roberts.
JOHN ROBERTS . I am a woodman living at Hampnill in Norfolk—I formerly supplied the Eastern Counties Railway with firewood—it is two years and a month since I sent them in—I do not read or write—my wife manages the writing business—I never sent any wood to the Eastern Counties Railway in October last—I have sent none for two years and a month—I think I had a letter like this produced, by the post, about five weeks ago—my wife looked at it and also at another which came by the same post.
Cross-examined. Q. Have you ever sold wood for sleepers? A. Yes; a good many years ago, when first they made the line—I sold it at 2s. a sleeper to Mr. Meyrick, the contractor for the company—I have not sold any since for repairing the line.
MARTHA ROBERTS . My husband formerly supplied the Eastern Counties Railway with wood, but it is a little over two years since he sent them any—I do the writing for him in his business, but I am not a very particular
scholar—this invoice is not my writing, or written by anybody authorized by me—no such wood was sent up in October; none since 1856—I received a printed letter about a month or five weeks ago, like this produced, and this other came by the same packet—I have several of them—when one of them came, as it may be to-day, I always had one of these on the next day—the enclosure contained an envelope with a stamp on it—I posted it bak by my servant, Jane Goldsmidt—I put the printed paper inside.
JANE GOLDSMIDT . I am servant to Mr. Roberts—some letters arrived in November—my mistress opened them—I saw a stamped envelope taken from one of them which was afterwards given me to post—I put it into the post, but before that, I saw that this paper was put inside.
Cross-examined. Q. Just look at this paper—(produced)—do not unfold it, and say if this "John Barnes" is your writing. A. I am quite certain that it is not—I supplied 111 fathoms of wood in July, 1857—that came to 55l. 10s. for which I was paid, and gave a receipt—there was two and a half discount off—I have received nothing from that time till October.
GUILTY .— Four Years Penal Servitude.
There were other indictments against the prisoner, and Mr. Bodkin stated that the sums of which he had defrauded the company amounted to 450l.
Before Mr. Recorder.
LYDIA JENNINGS. I am the wife of Barnabas Jennings. The prisoner was in the habit of serving me with bread from Mr. Cheesley—on 20th September, I paid him 4s. for Mr. Cheesley—he gave me this receipt; he wrote it in my presence "Paid 4s., R. Pierce" at the street door, and gave me back the book.
MATILDA COLLINS . My husband is a wheelwright, of Walthamstow. The prisoner supplied me with bread from Mr. Cheesley—on 25th September I paid him 6s. for his master; he gave me this bill, and wrote the receipt on the book "Received 6s., R. Pierce"—I saw him write it.
Prisoner. I received her money on the Saturday—I did not come back to work any more. Witness. I paid him the money on Saturday—the bill was brought on Monday before, and on Saturday I paid him the money.
WILLIAM CHEESLEY . I am a baker, at Leyton, in Essex—the prisoner came into my employ on 30th August, and absconded on 25th September—he gave me no notice—I never saw him again till he was in custody—he was employed to deliver bread and to receive money—these receipts are his writing—I have no doubt about it—he never accounted to me for these sums.
Prisoner. That bill I paid in, and Mrs. Cheesley booked it—Mr. Cheesley was always away—the other I never received.
WILLIAM CHEESLEY (re-examined.) The prisoner accounted to my wife for the money, but she booked all the money—I accounted with him in the last week that he was there—he never accounted with me for Mr. Mander's bill—my wife always booked every farthing she received—this is the book—it is his mistress's writing—he used to tell my wife what he received, and she put it down—I was sometimes present when he gave his account.
THOMAS DEAN (Policeman, N 225). I apprehended the prisoner on 26th November, in the parish of Leyton—I said he must go to the station for embezzlement at Mr. Cheesley's—he said that he had embezzled near upon 5l. altogether, and he was so unhappy, he was ready to commit suicide—the words he used were, "I have had nearly 5l. altogether of Mr. Cheesley"—I have not said that before.
He was also charged with having been before convicted.
THOMAS GISBY (City policeman, 245). I produce a certificate of the prisoner's former conviction (Read: "Central Criminal Court, April, 1858; Robert Pierce convicted of embezzlement. Confined Four Months")—the prisoner is the person.
GUILTY.— Confined Eighteen Months.
Recommended to mercy by the Prosecutor, who promised to get employment for him with a farmer, or, if not, to take him back into his service.
Confined One Day.
MR. CAARTEN conducted the Prosecution.
ISAAC GAY (Policeman, K 54). On Wednesday morning, 1st December, a little after 7 o'clock, I went, with Sharpe, another constable, to Mr. Bromley's house on Stratford-green, and saw distinct footmarks in the garden in front of the house, which had been freshly dug—from there I went to the "Good Intent," in Stratford, kept by Ann Dugard, the prisoner's grandmother, about half or three-quarters of a mile from Mr. Bromley's house—I saw Mrs. Dugard in the bar—she said, looking at the prisoners, "Oh, here comes a policeman" (I was in uniform)—they would hear that, as the middle door was open, but I could not see them, as the position of the door-way is askew—she spoke in a sorrowful voice, but it was loud and distinct—I said, "Yes, you will hear all about it," rushed into the back par'our, and found the three prisoners there, and this clock (produced) was standing on the sideboard, with this handkerchief over it: it was at Rooter's elbow, and at Goddard's back—this was at half-past 7 or twenty-five minutes to eight—Watson was sitting further away from it, but he could see it—there were no other persons in the room—Goddard's shoes were off, and lying on the ground, very wet and dirty—he put them on, and I said. "Consider your-selves all in custody, for stealing this clock from Mr. Bromley's"—Goddard said, "You have no right to take me; I have only been up a quarter of an hour, and have only been in the back yard to see to my grandmother's water"—I called Sharpe in, and we took the prisoners to the station—I afterwards went back to Mr. Bromley's house, and took with me three shoes, belonging to the three prisoners—I examined them with the marks—the impression was very fresh and perfect—I found that Goddard's corresponded
with the marks; there is not the least doubt about that—the marks were in a direction from the back towards the front; the toes were towards the front—a person coming from the back to the front might have made those marks—I only saw one impression.
Cross-examined. Q. Was that the impression of one foot or of two feet? A. Of the two feet of one man—they were wide apart—the faster the man ran, the wider they would be—they were more than the ordinary width, but I suppose he walked, because it was a zig-zag in the midst of the shrubbery—Goddard's boots were wet, and he told me that there was some water in the yard—he did not say that he had been dabbling there—I cannot say whether he said that he had been turning the water off, or turning it on—I examined his boots, and I should say that he could not have got that dirt in his grandmother's back yard, but I did not go there; they were very wet for three-quarters of an inch up the sole—I took the boots of all the prisoners, and tried them—I tried Rooter's boot first, then Watson's, and then Goddard's: his was the largest boot—the impressions were so plain that I had no occasion to be long over it—it was not raining; it was about the same weather as it is now—I did not make an impression by the side, but put Rooter's boot into the mark first—it was so small that it did not interfere with the impression—I did not ram them down—I did not make the impression with Goddard's boots: it was already made.
Q. Did not you let the boot out of your hand. A. No; I put it lightly into the impression.
MR. CAARTEN. Q. Did you observe the ground in the garden? A. Yes; it was moist—I did not notice any earth on Goddard's boots at the time I took him.
COURT. Q. Have you rather a stiff clay at Stratford? A. The garden is a very light soil, and it had been fresh dug—there were brads in Goddard's boots, but not nails to make any impression—he is wearing them now.
Rooter. Q. Was I in conversation with these two prisoners when you came into the beer-shop? A. I did not see you.
Watson. Q. Where was I sitting? A. The furthest from the clock—Goddard was in one corner, and you were on Rooter's right—you were all three sitting in the corner—I told Mrs. Dugard that I must search the house—she assisted me, and said that Goddard, her grandson, had brought the clock in, and she said to him, "You devil, you have been with all those fellows again, and you will bring us all to destruction"—I asked her if she would attend the court at the next hearing, without being summoned—she said she would, and she did.
COURT. Q. Where does Mrs. Goddard live? A. She is a widow, I have been told, and lives with Mrs. Dugard—it is Mrs. Dugard'a house, I believe.
MARY SQUIRES . I am housemaid in the service of John Ebenezer Bromley, of Stratford Green, Essex. This time-piece is his property—I heard my master value it at eight guineas—I saw it safe on Wednesday morning, about 7 o'clock, on the dining-room mantel-piece—he opened that window about a quarter to 7 in the morning, and left it open—that is at the back of the house, and it looks into the garden—any one could get into the room out of the garden—I missed it about half-past 7—there is a door which leads from the fore-court to the back of the house.
EPHRAIM WHITTAKER . I am Mr. Bromley's groom. On Wednesday morning, 1st December, I was going to his house, about 7 o'clock, and saw the three prisoners, two inside Mr. Boyle's gate, and one outside—Rooter
was one of those who were inside, and as I passed, I heard him say, "He ought to he there by 7 o'clock; he said he would, and he is not there yet" I went on to Mr. Bromley's, and the prisoners followed me—I went in at the stable gates, and saw no more of them—I am certain they are the men—they followed me within thirty yards of my master's gate.
Cross-examined. Q. Do you know the "Good Intent"? A. I did not till the policeman told me—that may be a little more than half a mile from my master's.
Rooter. You said at Ilford that they were three working men; that you had no suspicion of them, but walked on, and took no notice. Witness. I took notice of you, and I said that you had got dark trousers on—your trousers are light and dark; they have light spots—I knew none of you before, but I looked hard at you as I passed—I did not hear the policeman say, "I know him: he has been transported"—he said, "Do you know them?"—I said, "Yes, those are the three lads that I saw this morning."
Watson. Q. Which of us was it that spoke? A. I cannot say, because you were looking up at the house, and had your backs to me—it was a very bright morning—I did not notice your trousers—I thought you were some tradesmen; you looked respectable.
ANN DUGARD . I keep the "Good Intent" beer-shop, Stratford New Town—Goddard is my grandson—he was there on Wednesday morning, 1st December—I cannot swear whether he left the house or no—I did not see him come in that morning—I was fetching some coals up—he sat in the bar, and his shoes were off—I was examined before the Magistrate—my daughter was in the house at the time—the other prisoners were not there, but they came in three, four, or five minutes afterwards—Watson came in first, and Rooter came in as near as possible at the same time—they walked in one after the other—I had seen Goddard with his shoes off before the other two came in—this is my mark to my deposition—I put my cross to something; I was too alarmed to know what—I had my hand guided—it is not a pleasant thing to do.
Q. Did you not say before the Magistrate, "On Wednesday morning the prisoner Goddard, who is my graudson, came to my house about half-past 7, in company with the prisoner Watson; the prisoner Rooter followed them in a few minutes after"? A. I did not mean it, if I said it—what I said was taken down in writing and read over to me—I never saw the other two prisoners in my life—I saw Watson come in—he had something under his arm, and I thought it was something for breakfast—there was a handkerchief over it—I often cook things for him—I did not examine the handkerchief; it was something like this produced—it was a dirty looking one—they went into the parlour—that is the only room I have—they were all there together, and one of the two, I cannot say which, called for a pint of beer—I took it in, received 2d. for it, and going back, I saw the police—Goddard had passed the night at my house—he slept there—he has no father, and I have always kept him—Watson came in next after Goddard.
Cross-examined. Q. Had there been some water turned off in the yard that morning? A. Yes; we had a large water tub which burst during the frost—it was pulled on one side, and the garden was all in a slop—I had asked for a new water-tub—the water was obliged to be kept in tubs, and Goddard fetched me some water from a tub in the yard, where the pipe had burst—I do not remember seeing that his boots were wet.
COURT. Q. Did you see him meddling with the water that morning? A. Yes; I saw him out there—that was about a quarter of an hour before
I saw him with his shoes off—I cannot say whether he had been out of my house, because he might have got up before me—I am certain that he came in by himself, and that his shoes must have been off before the others came in.
Rooter. Q. When I came into the beer-shop, was not there a bundle standing on the sideboard? A. I did not see it—it was there before the police came in.
Watson to ANN DUGARD. Q. Was not this what I had under my arm? (a handkerchief, rolled up). A. I cannot tell; I only saw that it was something in a handkerchief—it was about that size—I never saw it uncovered.
Rooters Defence. I wish to know if you cannot summon the policemen here who said they knew me for stealing a watch, as it was that that gave the prosecutor confidence.
Watson's Defence. The witness says I came in with a bundle: I was rather warm, and I took off my wrapper, and had it in my hand; I called for a pint of porter, and threw down 2d.; this young man was leaning on the sideboard, and the constable came and said to me, "You must consider yourself in custody for stealing a clock:" he then walked to the sideboard, as if he perfectly well knew where it was, and said, "Here it is:" that timepiece done up in a handkerchief would not look like something for breakfast.
COURT to ISAAC GAY. Q. When you took Watson, had he that handkerchief with him? A. I did not see it—they had two handkerchiefs each, but I did not take them away—I saw no bundle in the room, of any description, except the timepiece covered with a handkerchief—Watson had no handkerchief in his hand; they were loose in his pocket.
GODDARD— GUILTY .—Recommended to mercy by the Jury.— Confined
ROOTER— GUILTY .
WATSON— GUILTY .
Confined Six Months each.
Before Mr. Baron Martin.
138. WILLIAM WOOLLEY (55), SIMON BARNARD, alias Samuel Barnett (28), and RICHARD WEBSTER (28), were indicted for feloniously engraving, upon a certain plate, part of an undertaking for the payment of money of the empire of Russia. Other counts varying the manner of stating the charge.
MR. SERJEANT Ballantine and MR. SLEIGH conducted the Prosecution.
MARY ANN DALTON . I live at 5, Prescot-place, Plumstead—the prisoner Woolley lodged in my house during some two or three months, from about September this year—while he was lodging with me, I saw a copper plate in his possession, about which I had some conversation with him—it was about the month of September, I think—it was something of this kind of plate (produced)—it was in his own room that I saw it—he was holding it in his fingers—he asked me what I thought of the piece of work—he said, "What do you think of that for a clever piece of work?"—I said, "Where did you get it from?"—he said, "I brought it from home"—I said, "Who did it?"—he said, "I did"—I said, "How did you do it? I don't believe you have
eyesight good enough to do that"—he said, "I wrote it out first, and chiselled it out afterwards."
Cross-examined by MR. LILLEY (for Webster). Q. For how long did you look at it? A. Not so long as I have looked at it now—I did not have it in my hand at all—I could not swear this was what I saw.
Woolley. She said at the police-court that was not the plate, it was to very different; it was a dark one. Witness. It was not so bright as this when I saw it; I do not remember the mark at all—it may have been there, but I do not remember it.
COURT. Q. What mark are you referring to? A. The two eagles—it was merely the writing being so small that took my attention.
DAVID DAVIS . I live at 5, Prescot-place, Plumstead—Woolley lodged at my house in the early part of September—I do not know either of the other prisoners—I saw a copper plate in Woolley's possession, some time in September—it was one something like this one—I do not know whether that is the one; it looks something like it; it was about the same size, as near as I can recollect—there was some writing on the plate that I saw, very small—I also noticed the double eagle in the centre—he did not say anything about the plate; he said it was his trade.
Cross-examined. Q. In what state was the plate? was it in a bright state, or was it dark? A. Very black—the letters were very small—I could not read them myself—I am not sure that this is the same; it was something like this.
MR. SERJEANT BALLANTINE. Q. Is there a double eagle in the centre of that? A. Yes.
SARAH HAYLER . I am a widow, living at 33, Spray's-buildings, Woolwich. I remember the time Woolley was taken into custody—he was not lodging at my house for a fortnight previously to that—he was a lodger at my house at the latter end of September—he was lodging there on Saturday, 2d October—on that day I remember Mr. Webster coming there—he remained to dinner with Woolley that day—I saw them in conversation together—on the following Tuesday I saw Woolley at my lodgings; he was there during the whole of the day, in and out—he is an artisan in the Arsenal at Woolwich—he came to my apartments and asked me, if he brought his son down, and Mr. Webster as a friend, would I make it convenient to dine them?—I said I would; that was Mr. Woolley's son, Mr. Webster, and Mr. Woolley; which I did on the Sunday, and I saw no more of Mr. Woolley till I met him promiscuously at the Lewisham station, on Monday morning—he said his son and daughter were very angry with him because he had given over the plates without getting the money for them; he was to have 20l. for them, and he had only received 2l. on account—he said he did not intend making them perfect without he got the 20l.—he said this to me at the Lewisham station, about 1 o'clock in the day.
Cross-examined. Q. When you met him at the Lewisham station, he was alone, was he not? A. Yes, he was—both the Woolleys, father and son, dined with Webster on the Sunday, and I did too; I joined the party—that was the only occasion I ever saw Webster there.
Woolley. I said nothing of the kind; I did not say anything about the 20l., did I? Witness. You did, and you said you would go and buy the ring, but you had not got money enough to pay for it—Mr. Bull said if he had what he ought to have had, he ought to stand where you stand—you also told me that Mr. Bull was one that worked with you, but I never saw him.
COURT. Q. Who is Mr. Bull? A. I do not know, only Mr. Bull told me if he had what he ought to have, he ought to stand with old Woolley—that is all I have to say about Mr. Bull.
ROBERT MACKENZIE . I am an inspector of police—from information that I received, I watched a house in Brompton, 10, Upper Queen's-buildiugs, on the evening of 30th September—that was a house where Barnard was a servant—I saw him go in and out of that house—on the eveniug of that day I saw him go to the Pakenham Arms public-house on Knightsbridge Green, and join two men there—on Monday, 5th October, I accompanied several officers to 4, Portland-street, Walworth Common, about 10 o'clock in the evening—the house was occupied by Richard Webster—we remained about 30 yards from the house for about three quarters of an hour, or more—I saw Barnard go into the house and come out again; he returned with a cab, and stood by the outer door of the house—at that time, I, with the other officers, rushed into the house—on going in, another officer was ahead of me; he laid hold of Webster, and was having a violent struggle with him—Webster was in a back room, and I saw him and Holmes, another officer, struggling violently—I saw Holmes with two plates in his hands; he said, "Here, I have got them, sir," and handed to me these two copper plates (produced)—we apprehended, at the same moment, Barnard and John Webster, a brother of the prisoner—Webster's brother said, turning round to Barnard, "This is all through you;" that was in the hearing of Richard Webster-John Webster was subsequently discharged by the Magistrate—Barnard made no reply to that—I did not observe Richard Webster say anything at that time—I took the whole of them to Carter-street station—in the station, when the charge was entered, Richard Webster said, "Other parties are more guilty than we are;" that was alluding to himself and his brother—I had not seen Richard Webster go into that house that evening; John, I had—I saw Barnard and Richard Webster in company together, on 1st October, at the Pakenham Arms, Knightsbridge Green; I saw Barnard join Webster in the parlour of that house—I saw Richard Webster at the station-house on the following morning, Wednesday 6 th—he told me that he had received the plates from Woolley and that Woolley was an artisan or a workman at the Woolwich Arsenal—he said that he had called the previous morning on Barnard, and had left the back plate (that is the counterpart of these other two) with Barnard at his lodgings, in Queen's buildings, Brompton—in consequence of what he told me, I went to Woolwich on 8th October—I found Woolley at 33, Spray's-buildings, Woolwich; he was sitting in the front parlour—I asked him to step into the back yard with me to speak to me and I asked him if he knew the man that accompanied me, a policeman who belonged to the neighbourhood; he said that he did not—I told him that he was a police officer; I said, "I have come to ask you about some dealings you have had with plates"—he said, "Yes, I have had some dealings with plates"—I said, "Copper plates?"—he said, "Yes, copper plates"—I took him into custody, and brought him to London—he said, before I brought him to London, that he was to have 10l. for the plates, but had only received 2l. on account, from Webster—when at Bow street, I read the charge to him—he was charged with engraving copper plates, for the manufacture of forged ten-rouble Russian notes—I had, at that time, the two plates that I had found on Richard Webster—he said, "No, I have not engraved them"—nothing further passed on that occasion—Webster and Woolley were confronted together on 9th October—I said to Webster, "Is this the man whom you say you had the plates of?"—he
said, "Yes, that is the man"—I said to Woolley, "Do you hear that?"—he said, "Yes, it is all right"—afterwards at the police court, Woolley said that he had engraved them, but they were not complete—that was before the magistrate.
Cross-examined. Q. Did Webster say anything at all about Woolley having engraved the plates? Did not he say that he had them from Woolley? A. Yes—the expression was, that he had got them from Woolley; nothing about Woolley engraving them—the 5th October was the day upon which we went to Portland-street, Walworth Common—I took two policemen with me on that occasion, and three or four came in subsequently, belonging to the neighbourhood—three or four persons went in at the same time, or about the same time—Webster and John Webster were in the back room—Barnard was there, and Webster's wife—she was on the staircase leading up to the bedroom—she was dragged down by the consstable—she and her husband were dragged down together—I did not observe that she was coming down the stairs just about the time we went in—she came down when the constable pulled her and her husband down; he pulled them down together—Webster's foot was on the staircase that leads into the back room, and his wife was on the stairs—I cannot tell you whether she had been recently confined; I saw an infant, in her arms, or rather I found an infant in the bed—I think it was a very young infant—there were not any other persons there at the time we went in—there was one cab outside—two did not come up—a cab came up to a public-house about a dozen doors from Richard Webster's dwelling—I do not know that two persons who were there went away, and got into one of the cabs—at the time we went into the house there was an old man and a young man there, respectable looking persons—they were outside the door.
Q. And did not one of these two, the old man or the young man, give you a signal to come on the premises? A. A certain signal was given—I daresay it was given by one of them—I know it was given by one of them—they were not very respectably dressed persons—they were decently dressed—I do not know that they were foreigners, nor do I think they were—I do not know that one of those two persons went away in a cab; I would have answered you in a moment if I did—they disappeared from the scene—I did not see any cab go away besides one—I took one cab away with the prisoners, and that was the only cab that I saw go away—when I saw Webster with Barnard, on 1st October, at the Pakenham Arms, Boll, the witness, and the other two persons I have spoken of, were there.
Woolley. Q. When you took me I did not say anything at all, and you did not ask me any questions about the plates at all—you said, did I know one Mr. Webster, I said that I did, and that was all I said to you. Witness. That is not true—it is as I have stated it, exactly; this conversation occurred in the presence of another officer who was with me.
Barnard. Q. Who was the officer that took me in custody in Portland street? A. It was Franklin, I think, No. 5 F—I said that you were outside the door when I took you.
MR. LILLEY. Q. The statement you received from Webster, was it not voluntary and of his own accord? A. Quite so.
MR. SERGEANT BALLANTINE. Q. You told me you had received some information—you were watching that house upon the information you had received? A. Yes; and had been doing so for some time, with other officers.
to the house in Portland-street, on Tuesday night, 5th October, when two of these persons were taken—I saw Barnard and another man at the foot of Westminster-bridge—I saw them go to the house No. 4, Portland-street, Walworth—one remained outside—it was Webster's house—after they had been in some time Barnard came out to the man that was waiting outside, and they both returned back to Webster's; Barnard and the other man went for a cab, and returned with a cab—before the cab arrived which John Webster fetched, there was one came, which stopped at the public-house a short distance off—John went into the house—Barnard and the other man followed to go into the house—at that time Barnard was standing at the door—when I went into the house with Mr. Mackenzie the two Websters were in the passage—as soon as I entered the door they ran into the back room, or back parlour, and tried to get out at the back door, which led into a yard—Richard Webster finding he could not get out at the door, tried to get up stairs—I laid hold of him, and at that time I saw he had a paper parcel in his hand—his wife was coming down stairs at the time—I pulled him down and took the plates from him—these are the plates-they were wrapped up in paper—there was paper between them—they were wrapped up very carefully—there was nothing else in the paper but the plates—Richard Webster fainted away—John tried to get out, but there were other officers, who took him—I detained Richard Webster, he sat down, he wanted something to drink—I took him into custody—I put handcuffs on him myself and conveyed him to the station—on Friday, 8th October, I accompanied Mr. Mackenzie to Woolwich—I was present when he took Woolley into custody—Mr. Mackenzie had occasion to leave him in my charge a quarter of an hour or twenty minutes—he remained for some time without speaking; at last he said, "Can they do anything with me if the plates are not perfect?" said, "I don't know"—he said, "They are not correct; what a fool I should have been to have made them correct—I am glad they have got into it; they asked me to make them." I was present on the 9th, the following Saturday, when Woolley was confronted with Richard Webster, by the Inspector—I saw the plates produced—Mackenzie said to Richard Webster, "Was this the man you received the plates from?" producing the plates—Webster said, "Yes"—Woolley replied, "That is right," or "All right"—on the following Tuesday, in consequence of instructions which were conveyed to me, I went to 10, Queen's-buildings, Brompton, the place where Barnard lived, and made a search—I went into the cellar and found a plate there—this (produced) is the plate—I was in company with Franklin there; we had to remove a great quantity of wood in the cellar, under the stairs, and between two joints we could just discern the edge of this; we pulled it out from the back part, and it was this plate—that is a third one—we pulled it out from between two joints—it was very tight, only just room to get it in—I had previously searched that house, and been unable to find any plate; it was such a mass of rubbish, it was impossible; we were obliged to have a regular search or we should not have found it then.
Cross-examined. Q. Was it not from information received from Webster that you went to Queen's-row? A. It was not—he gave information that he had taken it up there that morning, before they were apprehended—I do not know that Webster is a shoemaker; I have seen his card to that effect—I do not think I saw any implements of his trade about; I do not remember any; I did not go into the shop—I will pledge myself that there was a passage—I never saw a shop: there was something closed up; I did
not know whether it was a shop or a parlour, or what it was—I did not examine that part of the premises—I examined up stairs in the back room where I apprehended him—I did not examine the ground floor entirely; others did—it was not examined in my presence, not that part—others went in, but I did not; I remained with the prisoners—I do not know that he is a shoemaker, except that I saw his card—I found the card on the premises—there is a passage there; I went through one; it leads into the back room where they were—I had not my uniform on, on that occasion—I, Mr. Mackenzie, and another one, went in somewhere about the same time—I was the first one that was in—others came in after they were apprehended, three or four policemen—I believe it to be at least five minutes before other police came in—there was but one civilian in the house—I and Mr. Mackenzie were the only two policemen that went in until they were apprehended—it might be about five minutes after, that other persons came—it was not very much less, for they were apprehended, and I believe we had the handcuffs on them before they came in—there were no other policemen inside for five minutes—I do not know whether there were any outside—there were other persons in the room besides me and Mr. Mackenzie—there was Barnard, and Webster and his wife; others were at the door—I know who you are alluding to; the others were at the door—I do not believe they went away in a cab, because I believe the cabman would not take them—he said they were lunatics, and would not go; I did not see them go away in a cab—the old man and the young man disappeared—those are the other persons whose names I have not mentioned—I left Franklin with Barnard at the door in custody—he brought Barnard in momently—he pushed him into the passage, and brought him in to us—there were no other policemen there until some minutes afterwards, and them I did not know, either the numbers or names—I do not believe that Webster fainted several times; not more than once, I think, before he reached the station—he did not faint after he reached the station that I am aware of; if he did, it was in the cell—I was present with him the whole time—his wife came down stairs with him screaming and pulling—she was coming down the stairs, and Webster was holding his arm out for her to take it; and I pushed myself underneath and got it, and then she clung to him—I am sure I do not know where the baby was at that time; I saw a baby somewhere about the house—Mrs. Webster was crying—she did not seem to be falling down "the stairs at the time he held out his hand—he did not put out his hand to support her; he put out his hand for her to take the plates—I would not venture to swear how old the infant was that I saw lying about
wolley. He asked me whether I made them or not.
Witness. I never asked him a question of that sort—I did not ask, "How long would these take you to make?"
WILLIAM BETHEL CAPPERTON . I am the occupier of the house, 10, Upper Queen's-buildings. The prisoner Barnard was employed by me—he lodged there along with my young man—I was not there at the time he was taken into custody—some time after he was taken into custody I had a message from him to go and see him, and likewise the police wished me to go; I went—previously to my going I heard of the house having been searched to see if a plate could be found—I went to Horsemonger-lane gaol to see him—I told him that the police were coming there to search the place again; they had been there two or three times and were pulling the place all to pieces, and if he knew where it was, to say: upon which he said that it was down stairs in the cellar, under the stairs—he did not tell me whether he
put it there or no—he told me it was uuder the stairs; he did not give me any further description—I did not see the officers find it afterwards—I went home to Hammersmith, where I live, and in the interim before I came there the officers had been—I told Holmes where Barnard had told me it was to be found.
Barnard. Q. Did I tell you that I put the plate there? A. No; you did not.
WILLIAM FRANKLIN (Policeman, F 5). I received information from Holmes as to the place in which there was a plate to be found—I went in company with Holmes, and found it between two joints of wood, close to the ground, sticking up edgeways, so that we could only just discern the edge of it under the stairs, among a lot of wood, and dirt, and rubbish: we had to remove a great quantity of dirt and rubbish before we could crawl under this place to get at it.
WILLIAM FRANKLIN (cross-examined). Q. At Portland-place there is a shoemaker's shop is there not, in front? A. I do not know that it is a shop—I was there—I assisted in searching it—the front room, I believe, is used as a shoemaker's, where they work—I do not know of its being much of a shop—it is merely as another private house, I think; but it was used for shoemaking—I saw the implements for making boots and shoes—there is a kind of passage from the door, but I think that the passage is formed by the counter—I think the counter runs along the side of the room and it forms a kind of passage leading to the back room—it was very dark when we went in.
JOHN WOODFIELD . I live at Mr. Capperton's, 10, Queen's-buildings. Barnard used to lodge there—on Tuesday morning, 5th October, somebody came to see Barnard—I heard William Kelly tell him something—somebody saw Barnard, but I did not see him—upon that Barnard was away for about a quarter of an hour—I saw him come back and saw him go to a mantelpiece and take off a candlestick, and then he went to the back door again, and I saw no more of him—there is a cellar at Mr. Capperton's—the back door leads to upstairs and downstairs too—it leads to the cellar—he was away with the candle about ten minutes—that cellar is not used for any particular purpose—it is made no use of—it is so dark that it would be necessary to take a candle down to see—I remember the officers searching for something and not being able to find anything—I remember their searching afterwards, and finding something in my presence—down between two joists in the cellar under the stairs they found a copper plate.
Barnard. Q. Did you see anybody coming to see me at any time? A. No, I did not—William Kelly, the shopman, called you.
COURT. Q. What business is carried on there? A. It is an oil-shop.
Barnard. Q. Did you see me go down to the cellar? A. I saw you go to the back door, not into the cellar—you could go upstairs; then it required no light—there is no kitchen upstairs—there is a place where they wash in.
Cross-examined. Q. Was not the plate dark and dull when it was found? Yes—not as it is now; bright.
JESSE BEDFORD (Policeman, P 403). I remember, on 18th February last, Woolley, on account of some drunkenness or something of that kind, being at Walworth station-house—when a person is in the station for a night or any time, they are always searched—Woolley was searched on that occasion—there was something found in his possession.
JESSE BEDFORD (continued.) It was a ten-rouble note that was found on Woolley—it was given back to him—I know it was a ten-rouble note, because the chief clerk sent me to the Russian Consul's office, and the gentlemen there told me that it was not legal—I took pains to ascertain from a person who understood Russian, what it was—it was similar to this note (a genuine one)—it was given back to him on 23d March.
Cross-examined. Q. Do you know where Woolley lived at that time? A. Thomas-street, Kennington—he was at the Walworth police-station—they are not more than half a mile apart—here is his receipt for the note back again (produced.)
JURY. Q. Is that the receipt he gave at the station? A. Yes: (read: "Received of Police-constable 403, Jesse Bedford, a Russian note, value 30s. in Russia,—William Woolley.")
ALFRED ARNOLD . I live at 2, North-place, Lock's-fields,—I do not own the house, 4, Portland-street, Walworth—on the first examination at the police-court I was there, and the solicitor for John Webster called me up to ask me, to the best of my judgment, who was the landlord of the two brothers, and I said, to the best of my judgment, Richard Webster was the landlord.
COURT. Q. Do you know anything about it? A. No.
MR. SERJEANT BALLANTINE. Q. Was it one of the brothers? A. Yes; they both lived there—Richard was the landlord to the best of my judgment.
Cross-examined. Q. Richard Webster was a shoemaker, was he not? A. Yes; carrying on his business there—there was no ready-made stock—he made all the shoes I have had for this seven or eight years—I have known him from eight to nine years—I always knew him to be an honest, hard working, industrious man—that was the character he bore among his neighbours—he worked for me and my family—I have boots on my feet now that he made me—there is no passage in the house at all—it is a little shop with a front on each side—you go right through the shop to the back room—the stairs are turning to the right—they are in the back room, to the beat of my belief.
MR. SERJEANT BALLANTINE. Q. Then the stairs come down into the back-room, and you have to get into the back-room to get to the stairs? A. I believe they do—I do not know to a certainty—there is no passage going through the front—when you get out of the front room there is no passage, to the best of my knowledge—the stairs are in the back room.
JAMES HEARD . I am connected with the Russian Embassy in London—I am a native of Russia, and am conversant with the money and notes of that country—the plate which I have in my hand now has the front part of a Russian ten-rouble note engraved upon it—the other one in my hand has the back part of the same note engraved upon it—a rouble is worth 3s. 2d.—this is a genuine ten rouble-note that has been produced here to-day—I have, as far as it is possible from this plate, made a translation—as far as
I have made it, they are the words which are on genuine ten-rouble notes.
JAMES HEARD (re-examined.) I have made translations of these impressions as far as I could do so—the words are the same as those on the genuine, and the eagle is exactly the same as is on genuine ten-rouble notes, and the impression is just as it would be on a genuine ten-rouble note—they are notes of the Empire, circulating in Russia.
Cross-examined. Q. Is that last fact within your own knowledge, that they are circulating in the Empire of Russia? A. Yes, I know it—I have been attached to the Consulate here for about fourteen months—all the engraving is in the Russian tongue—this is a correct representation of the Russian Eagle—the Russian eagle is changed very often; at present it is of another form—I did not say they were representations of the notes of the present year, or of the last year—the Prussian eagle is also a double eagle.
JOSEPH PETROWSKI (through an interpretor.) I am a director of the Imperial bank of Russia—a ten-rouble note is now in circulation in the dominions of the Emperor of Russia—these impressions are an imitation or resemblance of the ten-rouble note that circulates in the Empire of Russia—the eagle is not exactly similar to the eagle on notes in Russia, but it is very much like it.
Cross-examined. Q. Supposing those impressions which are produced today were offered in Russia, at your bank, would you accept them; would you give ten roubles in silver or gold for them? A. No.
Webster received a good character.
Woolley and Barnard were further charged with having been before convicted. Woolley, in October 1856, of larceny: confined one year; and Barnard, in December 1855, of having in his possession forged Russian plates: confined two years; to which charge theyPLEADED GUILTY.
WOOLLEY.— Six Years Penal Servitude.
BARNARD.— Five Years Penal Servitude
WEBSTER.— Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Recorder.
MR. DOYLE conducted the Prosecution.
PHOEBE SWAN . I am the niece of Mr. Austin Cullum; I assist him in his public-house, the "Tiger Cat," Princes-street, Deptford—on 1st November the prisoner came into our tap-room—he remained five or ten minutes; I am not aware how long—he did not order anything—when he went away I went in the tap-room—I missed a quart pot which had been sent in with some persons, who went in at the same time that the prisoner did—when I missed it, I followed the prisoner, he had not got out of the street—I asked him if he came out of that house—he said, "Yes"—I said, "I believe you have got a quart pot; if you have, give it me; if you have not, you had better come back"—he said, "No, I have not got any pot"—I said, "If you have not, come back to the house"—he found that I did not let him go—I had hold of his coat, and he gave me the pot out of his jacket; I identified it as ours—I have no doubt it was the one that was in the tap-room—there was no other in the tap-room—when I got the pot I took it home—the prisoner ran away.
Prisoner. Q. Why did not you give me in charge? A. I could not hold you and the pot, I was alone—I went to the station-house directly I got the pot.
COURT. Q. Had you known the prisoner previously? A. Yes.
Prisoner's Defence. On 15th November, I was in the Hales Arms, drinking with my wife, and John Ripley, and others—Ripley and myself were leaving the house between 8 and 9 o'clock; my wife had left previously—the potman came and said, "Ripley, you have got a pot belonging to my master"—Ripley admitted that he had; he gave it up, and went back with the potman—I went home with my wife, and about half-past 11 o'clock I was going down King-street—the policeman met me and said that I was wanted at the station—he said it was for being with Ripley when he stole the pot—I said I knew nothing about it; I did not know what he had done—Ripley told the Magistrate that I knew nothing about it—the officer came to my room but found nothing—I was quite innocent of the matter—I was taken before Mr. Secker at Greenwich, and was remanded for a week—when I went before the Magistrate the second time, a female from the "Tiger Cat" public-house came forward and said that about three weeks ago she lost a pewter pot, and she followed the man who took it, and took the pot from him, and she did not not give him in charge—she said she thought I was the man.
He was further charged with having been before convicted.
EDWARD WILLIAM REDING (Policeman.) I produce a certificate of the prisoner's conviction—(Read: "Central Criminal Court, March, 1850; Michael Brosnahan, convicted of stealing butter, and other articles, having then been before convicted. Confined One Year.")—the prisoner is the person—I had him in custody.GUILTY.*— Confined Twelve Months.
PLEADEDGUILTY .— Confined Four Months.
JOHN MONEY MURRY . I keep the Pier Tavern, Woolwich. On Saturday night, 27th, November, I was at home about 12 o'clock in my coffee-room up stairs with some friends—I heard the door open and Inglish came in—I told him it was a private room, and he could not be admitted there—the word was hardly uttered when I received a blow from Inglish with a stick or his fist, and directly afterwards I received a blow from Marno, who was behind him, and he repeated it several times—I got them out of the room and shut the door, but soon afterwards they returned reinforced, and with sticks, and other weapons, broke the door open and made a general attack with belts, life-preservers, and other things—I was very much hurt—I was fixed in a corner by them—while I was holding Marno I received several blows from the life-preserver, and some one called out, "Murder him!"—a number of others were in the room, and they attacked everyone there—I was smothered in blood; I had several cuts on my head and was much bruised—I had no quarrel with them before; I had not known them—they were not drunk, that I am aware of—there was such confusion I can't tell—it
was a most brutal outrage—we secured Marno, Inglish escaped; the front of my house was broken in—the damage done is 8l. or 10l.
WILLIAM COOP . I reside at Woolwich. On that night I was going up the steps at the last witness's house about 10 minutes before 12 o'clock. I saw the prisoners going—I followed them up stairs—the waiter said they could not have anything to drink, it was time to close the doors—they pushed him on one side and got on the landing—Mr. Murry was at the coffee-room door, and he told them it was a private room; he could not admit them—they rushed forward and the serjeant struck him on the head with his hand the first time—I then saw he drew a life-preserver from behind him, and knocked him senseless on the head, and Marno rushed forward—Mr. Murry staggered back and Inglish struck him with his list—they then rushed on every one—after a little time they were got out of the room on the landing and the door was shut, and then one rushed down and set up a shout, and directly several of them returned, and they broke the coffee-room door with pots and pokers, struck everybody, and knocked the tables over and the chairs about, and broke everything.
JOHN HOSKIN . I live at 15, Marcy-road, Woolwich—I was in the coffee-room that night and saw the two prisoners come in; Mr. Murry went to the door and told the prisoners they could not be admitted there—he had no sooner uttered the words before he was struck by a soldier—I was on my legs about to leave the room, and I was struck with this instrument on the temple—I can't positively swear who it was—I saw the prisoners strike Mr. Murry.
JOHN MURPHY . I was one of the party that night—I saw the two prisoners in the room—I saw Inglish strike Mr. Murry on the face with a life-preserver and knock him down—they were got out of the room, and I was going, and Marno met me on the landing; he caught hold of me, and said, "You b—r, I will do for you now"—I think he was intoxicated—I could not say he was drunk—he had had something to drink, but he knew what he was doing.
CHARLES CARTWRIGHT (Policeman, R 384). I was called to the prosecutor's—I found the two prisoners up stairs—I waited a few minutes to see if Mr. Murry came up—he came up, and said, "You had better come down in the bar;" they came down and Ingliah made his escape—I kept Marno, and took Inglish on the Monday morning at the barracks—he said at first it was not him, and then he said he was sorry for what had occurred—Marno had been drinking, but was not what may be called drunk.
Inglish's Defence (written.) On the night of 27th November, I received a pass of leave from my commanding officer, from 4 o'clock till 12 the same night, for the purpose of going to the theatre in Woolwich—I left that about 11 o'clock, and coming home to my barracks, I saw a man charged with an assault and given in charge to one of the police, upon which the policeman called upon me to lend a hand; I did so, and after that I was going homewards to my barracks, and I met one of our men belonging to the same regiment—he was waiter in the Serjeants' mess—I asked him if he would have a glass of ale—he said he would, and we went into Mr. Murry's, and in going up the stairs I met Mr. Murry at the room door with some pint measures in his hand—I was going into the room—he shut the door, and said, "You cannot go in there"—I said nothing more, but thought he was jesting—I have been several times getting a glass of ale in the same house—he was very friendly with our men in passing a merry word or a joke—I went to lift the latch of the door, when he pushed me
down two steps, of the stairs, and told me and my comrade to go out of his house—I went up again and he took hold of me, and I laid hold of him, when he struck me on the nose with a pint measure, and I struck him on the same place with my fist: when I was thrown into the room and very much beaten and kicked by the men that were in the room—there were about twenty men in the room—in a short time they all left the room—when we came down the stairs, the two of us, they took the sergeant in charge; and I walked out and went straight home to my barracks—they took the sergeant to the police-office, and Mr. Murry said, "Let the sergeant go, we will know him, for he is cut on the nose"—I am very sorry for what has happened, I will take more care for the future—it is the first time I ever was before a Magistrate in my life, and I hope it will be the last—I have been nearly four years with my regiment, and never received a minute's punishment—I am one year a non-commissioned officer—pray take as merciful a view of my case as possible; it will be a warning to me during my life.
MARNO— GUILTY .
INGLISH— GUILTY .
Confined Eighteen Months each.
MR. AUSTIN conducted the Prosection.
GUILTY on the second count.
Confined Eighteen Months
PLEADEDGUILTY .— Confined Four Months.
Before Mr. Common Serjeant.
MESSRS. BODKIN and O'CONNELL conducted the Prosecution.
CHARLES DORSEY . I am a recruiting sergeant stationed at New-cross, Deptford. On 22d November, between 9 and 10 in the evening, the prisoner came into the Little Crown beer-shop, and asked me to enlist him in the Royal Marines—I told him I was not engaged for that duty, but I would enlist him in the Rifle Brigade—he agreed to that—I asked him if he had ever served in the Army, the Marines, or the Ordnance—he said "No"—I then gave him the enlisting shilling, and drew a billet for him—I took him before the doctor next morning, and in consequence of what he said, I made inquiries as to whether he had been in the service before—he said "No"—I made further inquiries, and gave him in custody—he stated then that his name was not Gosling.
Prisoner. Q. Did I come to you voluntarily, or do you employ a man to bring recruits to you? A. I employ no man—we give no bringing money until a man has passed the doctor—there was a man there who wanted bringing money, and I told him so—there was no engagement between us that he was to have 3s. 6d. for bringing me a recruiter.
MR. BODKIN. Q. If men look about, and see men likely to enlist, and bring them, do they get money given to them? A. They do.
THOMAS WILSON . I am a corporal in the Royal Engineers—I knew the prisoner in the service from 21st August, 1854, down to 27th March, 1857—he was in the Sappers and Miners in the name of John Edwards—I am sure he is the person—he was discharged on 27th March, 1857.
GEORGE WELLS (Policeman, R 292.) I took the prisoner on 9th December, and told him that he was taken for obtaining money by false pretences—he said that he had not been in the service before—I had told him before that, that it would be better for him to tell the truth—I have been a policeman seven years and a half.
Prisoner's Defence. I have been working in the west of England all the summer—I saw a placard, "Wanted, Royal Marines"—I inquired for the sergeant, and was told that he was on London Bridge, looking for recruiters—I asked a person, who told me that he was an out-pensioner, and if I would come to Deptford he should get 7s. 6d. for taking me—I told him that I had been discharged, but had not got my discharge with me—he told me not to mention it—I told him that I had been cupped, and he told me to keep it back—it is not likely that I should walk to Deptford to get a shilling, when I could get one in London—I have been in prison since 22d November—my name is Gosling, and my mother is here—the sergeant knows that the man who brought me was employed by him.
GUILTY .—Strongly recommended to meixy by the Jury, but the corporal stated that he was discharged with a very bad character.— Confined Three Months.
MR. MCDONALD conducted the Prosecution.
GEORGE MORELAND . I am a beer-house keeper of Woolwich. On 4th November, about 6 in the evening, I was at the Ordnance Arms Hotel, Woolwich—the prisoner was there with a comrade, who asked me to drink, but the prisoner did not speak to me—when the pot was out, I paid for another pot of beer—I was there about twenty minutes, and the prisoner made a snatch at my watch with one band, as he held me down with the other—he laid hold of my watch guard; I laid hold of it also, and prevented his taking it, but he broke it from the watch; the chain broke—I had seen him before, and I asked his comrade what his name was—he told me, and I afterwards saw him on 29th November, in the barrack-room at the Marine barracks at Woolwich—I recognised him at once—a policeman was with me—I said, "I charge that man with attempting to steal my watch and guard"—he said, "It was not me."
Prisoner. Q. It is false—what time was it? A. About two minutes past 6.
CHARLES CHERITON . I am a labourer residing at Woolwich. On the evening of the 4th November I was at the Ordnance Arms, and saw the prosecutor and prisoner—I stopped there a quarter of an hour, and saw the prisoner take the street door in his left hand, snatch the prosecutor's chain with his right, and run away—Moreland said, "My watch is gone!" but it was not, the chain only was broken—I went out to see if I could see the prisoner—I afterwards saw him on 3d December at Woolwich Police Court, and identified him.
Woolwich—he was pointed out to me by Mr. Moreland, in the barrack-room, among forty or fifty others.
Prisoner's Defence. On 4th November I went to the George and Dragon, and had something to drink, and during the time they were drinking it I went out for about five minutes—when I came back the house was closed, and I never heard any more of it till 29th November.
GUILTY .— Confined Three Month.
MR. LEWIS conducted the Prosecution, and MR. LAWRENCE the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. POLAND conducted the Prosecution.
JAMES WESTBROOK (Policeman, R 114). On the afternoon of 19th November, about 2 o'clock, I went to the Greenwich Academy, kept by Mr. Ingleby—I saw the boy White, and from what he told me I went to the prisoner's shop, I, Strait's—month, about a quarter of a mile from Mr. Ingieby's—it is a marine-store shop—I saw the prisoner, and asked him if he had bought any brass of any description yesterday; he said, "No"—I then pointed to the doors, and said, "Brasses that fit on doors," pointing to the finger-plates—he said, "I do not remember anything of it"—I then asked him for his book, if he had made any entry of them there—he looked and said, "No;" and then I looked, and there was no entry—I then took him in custody, and took him to Mr. Ingleby's, and showed him to the boy White, and asked him if that was the man he sold them to: he said, "Yes"—the prisoner said, "I do not remember anything of it"—I took him to the station—he said on the road, "I wish we had given it a thought to have looked in the metal-bag, if I had had them, they would have been there"—I locked him up and went back to the shop; his wife was there; she had been there when I took him away in custody—when I searched the premises she went down stairs and brought the five finger-plates up; they were hot, as if they had been on the fire—I let them cool—I afterwards searched in a pan, and found three rims which had been taken off the keyholes; they were in a pan under the counter with other sorts of rubbish—I afterwards tried four of the finger-plates at Mr. Ingleby's; they corresponded all but one—I then went back to the station, and told the prisoner that I had found them; he said, "I do not remember anything about them."
Cross-examined by MR. HORRY. Q. Was it in the presence of the boy that he said he wished you had looked in the metal-bag? A. No; that was going to the station—I told his wife that I had come to search the house, and then she went down stairs.
I was in Mr. Ingleby's employment—I had been in his service three months, doing the house work—since I have been there I have sold things to the prisoner, such as grease and bones—I do not know that he knew in whose employment I was—on 18th November I took these four finger-plates to him—I had taken them off the doors at Mr. Ingleby's house, and the
three brass rims of the key-holes also—I took them to the prisoner between 6 and 7 o'clock—I saw him—he put them in the scale, and he gave me 2 1/2 d. for them—nothing else was said; he asked me no questions—I said nothing to him before I put them in the scale—on the following day the prisoner was brought to Mr. Ingleby's and shown to me—a little girl, about 7 years old I think, was in the shop at the time.
Cross-examined. Q. Did you take the grease and bones by the direction of the servants? A. Yes—I had been in another service some time before, Mrs. Knightly, in the same house, and I used to go out for the servants to sell grease then—I went out with grease and bones from Mr. Ingleby's about once a week—they have never sent me out with anything else—I have never gone to any other marine-store shop besides Parker's—I was with Mrs. Knightly three months, and at Mr. Marshall's, the ironmonger's, six months, and left there to go to another place—I did not leave Mrs. Knightly's, but Mr. Ingleby took the house of her—I did not work with a Mr. Palmer; I lived there about two months—I do not know how it was that I left there; it was because I stopped at Mr. Ingleby's—Mr. Palmer did not say that he would not have such a boy as me in the house—I have not seen Mr. Palmer here to-day—nobody has complained of my telling falsehoods, that I know of, or of my stealing, except the finger-plates—I stole nothing before the finger-plates, that I recollect; I never got a beating for it—I do not know whether I ever got a beating for telling stories, but not to my knowledge; I cannot remember it—I have never heard people say that they could not believe what I said—nothing of that sort took place at Mr. Palmer's house or from Mr. Palmer—I think my father beat me once for telling falsehoods; it was when I was a very little boy; it is four years ago—my father has not beaten me since that for telling falsehoods; he said he would never best me again after that—I am still in Mr. Ingleby's employment—the finger plates were missed—Mr. Ingleby sent for me, and asked me about them—he told me that if I told the truth he would not give me in custody, and I told him that I had stolen them and taken them to Parker's.
MR. POLAND. Q. Were the finger-plates in the same condition as they are now? A. No, they are bent.
WILLIAM INGLEBY . I am the proprietor of Blue Style House. The last witness was in my employment—four of these finger-plates are my property, and all these escutcheons—I believe they are worth about 6s.—they were taken off my doors—I missed them on Friday morning, 19th November—I spoke to White about them, and he denied all knowledge of them—I sent for a constable—I was not here on the last trial; I was ill.
Cross-examined. Q. Have you been unfortunate enough to lose anything before? A. No—I kept one female servant and this boy—I made inquiry after missing these plates, so that everybody in the house knew that they were lost—they were safe on the evening before—I called White up immediately on missing them, and he went into the room with me—he made a statement to me, but not until after I had called in an officer—I had some conversation with him before he told me.
Witnesses for the Defence.
JAMES HOWES , I am a labourer, at 4, Church-passage, Greenwich. I recollect Parker being taken into custody on Thursday, 18th November—I saw him that evening at the Druids' Arms, Strait's-mouth, Greenwich—he was at the bar when I went in—there were several in his company—there was a person pamed Franling, and Fuller—I was in his company from 6 that evening up to 11, in that public-house.
Cross-examined by MR. POLAND. Q. You said that you were a labourer; is that correct? Yes; I was a pot-boy formerly, but have left—I was four years with Mr. Sprule at the Druids' Arms as pot-boy, and I now drive a horse and cart for Mr. Stubbs, a grocer at Greenwich—I am his weekly servant—the prisoner was taken on the Friday evening—I did not know that he was taken until after he was taken—I heard it on the Friday evening about 9 o'clock—there is not a trade society meeting at the Druids' Arms, but it is a general rule that I make to look in there in the evening; and perhaps two or three times a day—the prisoner was standing in front of the bar when I entered—he did not remain till 11 o'clock—he went into the parlour, and so did I—the Druids' Arms is, as near as I can say, a hundred yards from his shop—I have known him about two years—I was potman at the house when he came there, and he was a customer—he remained in the parlour till 11 o'clock that night, with me and others—I was there the whole time from 6 till 11—I was amusing myself at a game of dominoes, and the prisoner was one with us—we played a four-handed game, and I was his partner—we played for a pot of porter—I cannot say how many games we played—we played at dominoes from 6 till 11; for pots of porter the whole time—we played for one pot, and when one game was done, we commenced another; the prisoner being my partner from 6 till 11—a young man named Franling, was against us, and Neale, a soldier—they remained our antagonists the whole of the time; but we did not play all the evening—sometimes we sat for a quarter of an hour or twenty minutes, and then played again—I left the room once for half a minute, to go out backwards—the waiter attended to us in the parlour; he is not here, that I am aware of—I did not notice that the landlord was serving at the bar—I am not aware that anyone is here from the public-house—I was asked to come here last Saturday evening at 8 o'clock—I have not spoken to anybody about this matter, to my knowledge, from the time it occurred, until last Saturday evening—I have seen the prisoner at that public-house twice or three times a week—I have seen Franling there frequently, and Fuller.
MR. HORRY. Q. Do you know by whom you were spoken to last Saturday) A. Yes; by Mr. Downing, a solicitor—a reason was given why he came to me—I had not the least idea of coming here before that—I was not at the police-court.
COURT. Q. Why did you not go to the police-court, you say you heard on Friday evening of his being taken into custody? A. Yes, but I did not know the rights of it—I saw the prisoner in the same house on the Friday evening—I was not home with my horse till half-past eight, and I went in and saw some parties sitting there, and learnt that he had been taken into custody—he did not tell me what it was for—I said, "Have you been there ever since I left you?"—he said, "No; I am sorry to say I have been locked up since; during the time I was away last night, I am afraid my wife has got me into trouble by buying some plates"—he told me he was to be before the Magistrate next day—he did not ask me to come and prove that he was with me and not in his shop—I do not know that I have seen him since then till now—I heard that his trial was coming on before; but I did not go before the Magistrate because I was holding a situation, but on Saturday night I was bound to come.
JOHN FRANLING . I am a wire-weaver and worker, at Strait's mouth, Greenwich. I know Parker—on Thursday evening, 18th November, I saw him at the Druids' Arms, between 5 and 6 o'clock—he was standing at the bar as I went in with a friend—after I went in I saw Howes outside—I then
adjourned into the parlour with my porter, with a friend—Howes did not come—Parker was in my company from just before 6 up to half-past 11—they were playing at dominoes—I was not exactly playing with them my self, but had played with them during the evening.
MR. POLAND. Q. Who was his partner? Mr. Howes was one, and Mr. Benthall the other—they played for a pint of beer generally—I was in the parlour the whole of the evening—I have been in the habit of going to the Druids' Arms for the last four years, I may say, at some time or other—that is the only house that I use—I was first spoken to on this matter on the evening before last—I knew that the prisoner had been taken into custody, but did not know it from him—I first heard of it on Saturday morning—other people stated what it was for; receiving finger-plates on Thurday evening—I am in business for myself, and have known the prisoner nearly two years.
MR. HORRY. Q. How came you to attend here to-day 1 A. On Saturday evening I was spoken to and subpœnaed here.
COURT. Q. You said that Howes did not go into the parlour; did you mean that? A. No; he did not go in at the time I first went in; but he was in there afterwards—he came in about 6 o'clock, or after—to the best of my knowledge, he was there all the evening—I was not playing at dominoes all the evening; it is a favourite game of the prisoner's—I believe he took up nearly every game that evening—Mr. Benthall was his partner, and several parties who were in the room—Mr. Howes, Mr. Fuller, Mr. Neale, who has gone to sea, aud several others—Mr. Benthall and Mr. Howes were against me and him in one game—I suppose I played four or five games—being out of the way. I did not hear that he was taken until the Saturday morning—I then heard that he had been before the Magistrate—I saw him on the Friday evening—he did not tell me that he was going before the Magistrate the next day, nor did he ask me to come and say where he was on Thursday evening.
JOHN TURTLE . I am a butcher of Greenwich. I know Parker—on Thursday, 18th November, I was with him at the Druidsl Arms from 5 o'clock till after 11, when I left him there—Parker was not there when I went, he came about half-an-hour afterwards, and I first saw him when he came into the parlour where I was—I remained there till a few minutes after 11, and left him there at the bar—he was there all the evening.
Cross-examined. Q. At what time did you leave? A. Between 11 aud 12, and left him at the bar—I played at dominoes, and Parker played—I cannot say who the other two were—Parker had a partner, but I cannot say who it was—we were playing a four-handed game, for a pint of beer on each side: 2d. a game—I cannot say whether I played against him or with him—I did not play all the evening—I might have played two or three games, or more—a game takes about a quarter of an hour—we were in the parlour the whole time; I never left once, without it was to go out to the back place—I remember going out there when Parker was out for the same purpose—I go to the Druids' Arms uearly every night after I have done work, and see the prisoner there frequently—I saw him there that night, and the night following—I have not been playing with him since this charge was made against him—he was there the following night, but I did not know till the Tuesday or Wednesday following that he had been taken in custody—I am not there every night—I was first spoken to about this matter last Saturday.
MR. HORRY. Q. Where were you spoken to? A. I was at the Druids' Arms, and a gentleman brought me this paper—I do not know his name—I told him what I have told to-day.
JURY. Q. Have you sinoe that seen the last two witness, to speak to them on the subject? A. No; I met them hert at the Court, but have not seen them to talk to them on this subject—we met up at the Court door at 10 o'clock, and I have been with them ever since, but have not been talking about this.
JOHN PALMER . I am a baker, of Greenwich. The boy Henry White lived in my house about two months, and I have had opportunities of observing his character for veracity and truthfulness, and I could not believe him on his oath.
Cross-examined. Q. Do you know the prisoner? A. Yes; I have known him about two years; he is a neighbour of mine—I have not been in the habit of visting him; I know him to speak to; I was out in his company once—White's mother paid me for his board and lodging; she did not lodge with him; he was put under my care; his, mother afterwards took him from me—I would not believe him on bis oath, from two or three instances which I have had—he spoke very falsely of my daughter—I do not know that I am obliged to say what it was—he also said that I had beaten him very much, and I have never lifted my hand up to him; his mother told me that he said that—on another occasion he brought a candlestick to my house, and stated that his mistress gave it to him; afterwards he said be found it on a dust-heap—he is at my houee now—I am truly sorry to say this of him, because his parents are respectable, and the mother in particular.
NOT GUILTY .
Before Mr. Recorder.
148. REUBEN WATTS (37), was indicted for feloniously breaking and entering the dwelling-house of Edward Harris Rabbits, and stealing therein 470 boots, his property; Second count, feloniously receiving the same.
MR. LILLEY conducted the Prosecution.
EDWARD HARRIS RABBITS . I am a boot manufacturer. I have an establishment in Crosby-row, Walworth; there is a warehouse behind the shop and dwelling-house, communicating with each other under cover. On the night of the 10th of December, 1856, an entry was made into my warehouse, and property stolen to the amount of upwards of 200l.—the robbery was discovered between 7 and 8 in the morning; the premises had been secure the night before—I believe I was the first person who went into the ware-house, but I am not certain—all the external doors were locked over-night; we kept the keys iu the doors, so that the locks should not be picked—I gave information to the police—(two pairs of boots were here produced by Sergeant Coppin)—these are my property; they have never been sold at any of my establishments; I know that, because they have not the price upon them—it is my invariable custom to put the price upon the sole in plain figures, before they are brought into the shop to be sold.
Cross-examined by MR. RIBTON. Q. How often have you given evidence in this case? A. Twice at this Court; there have been two trials—two persons, named Thompson and Hyde, were tried on the first occasion, with a female; they were acquitted—on the second occasion a cabman named
Johnson was tried, and he was acquitted—I gave the same evidence on those occasions that I have given to-day.
COURT. Q. Are those shoes part of the property that were stolen on the night in question? A. Yes.
SAMUEL COPPIN (Police sergeant, P 15). I received information of this robbery on the morning of 12th December, 1856. On the 20th December I went to the Old Bell-yard, Westminster; I searched the whole of the buildings there, the stables, cellars, cottages, and every place—the Old Bell was not at that time occupied, and the place was in a very dilapidated state—a man named Lush, and his wife, occupied one of the cottages—it was in consequence of a statement made by Lush at the Marlborough-street police-court, that I went to the Bell-yard—some carts and horses were standing in the stable there, belonging to different tradespeople in the neighbourhood—I saw the prisoner that same evening—at that time he kept a beer-shop in Regent street, Westminster—I went there and saw him—I told him that a man of the name of Lush had told me that there had been a large quantity of boots nailed up in a cupboard in a cottage in the Bell-yard, and that I had two pairs of them, which Lush had been taken up for—he sat himself down in a chair in the bar-parlour—I told him I should have to search his house—I don't know that he made any remark—I did search the house, but found nothing in reference to the boots—I did not take him into custody then—he went with me to the Bell-yard—I requested him to do so—(I left two officers to watch the house while we were gone)—we searched the place at the Bell-yard—my attention was directed to a cupboard in a cottage there—I saw a place where there had been a nail, but the door was then open—there was a nail sticking in a hole, and I pulled it out—I don't know that the prisoner said anything particular on that occasion—he said something to Mrs. Lush about holding her tongue, but I could not exactly catch it—in consequence of not finding anything, I ordered the prisoner and a person named Hyde both to appear at the police-court—I think that was on the 27th of December—I told him that a statement had been made, and he had better come and explain, and answer for himself; and if he did not, I should come for him—he did appear on that occasion, and the case was heard, and the magistrate ordered him into custody—he was bailed out that day, to appear on the 2d of January, but he did not do so—I never saw him again until the 29th of November last—he left his beer-shop; the place was deserted, and I was informed that he was gone to America—I inquired hundreds of times altogether to find out where he was; we were told he was gone to America in a ship which was lost—on 29th November he was brought over to the Marlborough station by one of the B division—he is not here—I said to the prisoner, "Well, Reuben, we must detain you now, upon this certificate which I hold in my hand, granted by the Court, for being coucerned in this robbery of Mr. Rabbits' in 1856"—he said, "Yes, I understand"—I said, "Therefore you will be locked up now"—he said, "It is a bad job; it has been the ruin of me"—an observation was made about these boots which I have produced—the prisoner said, "I suppose they are disposed of"—I said, to No; I have them locked up in the cupboard"—he said, "Do you mean to say you have taken care of them all this time?"—I said, "Yes, I have; they have been in my custody ever since."
Cross-examined. Q. You say you went to the prisoner's house in consequence of information that you received from Lush. A. Yes, Lush was then in custody—I am not the constable that took him—that constable is
not here; he was examined here at the first trial—he was not considered necessary on the last trial, and I did not subpoena him—I know the circumstances under which Lush was taken into custody—I went to the police-court where he was in charge, for having these two pair of boots in his possession, and not giving a satisfactory account—he was taken into custody while pawning them—the pawnbroker was at the police-court; he is not here, and never has been examined here—Lush's wife was not in custody—a woman named Ann Sage was taken—her husband has absconded up to the present moment—there is a true bill against him now—Lush was taken into custody on 13th December; and was examined that day before the magistrate—I was not present then—he made a statement to me—I went to the Marlborough police-court, where he was in custody, and saw these boots—I made a statement to the magistrate in reference to the robbery, and the magistrate then told me to take Lush and the boots to my own court, at Lambeth—it was not on the way there that Lush made the statement—he made it there and then—he said, "I did not know it was a robbery," and then he told me ail-about it—I was taking him to the police court at Lambeth, upon the charge of being concerned in it—the case was remanded several times at Lambeth; I think more than seven or eight times—Lush was not detained in custody the whole-of that time—I think he was in custody during five or six of the examinations—he had given hit evidence before, but he was remanded for safety, he being a witness, and a poor man—he was then let out, and bound over to appear here.
MR. LILLEY. Q. How boob after Lush made his statement was he discharged. A. I cannot say when he gave his evidence first—he made the same statement at Lambeth as he had done at Marlborough-street—after that he was allowed to be a witness; but the magistrate told him he should take care of him, because he had no means of subsisting—it was in consequence of his information that I went to Bell-yard—Lush's wife was never taken into custody at all.
JOHN ELLIS LUSH . I am a stable-mam. I am now working for a gentleman named Glover, and have been doing so for upwards of ten months—in December, 1856, I occupied a cottage in Old Bell-yard, Westminster—Mr. Watts, the prisoner, put me in—my wife was living with me—the Old Bell was not tenanted at that time; it was when I first went in, but not afterwards—I was there four or five months—after the tenants left the Old Bell, my wife kept the key for some time—about the middle of September I recollect Johnson driving a cab in there—he went parts in a cab with a man named Banbury—I remarked a couple of sacks on the top of the cab, and I believe there was a buudle as well—it was about 7 o'clock or it may have been a quarter or twenty minutes past, I cannot say exactly to ten minutes—it was on the 12th December—I was taken into custody the next day—Johnson put the sacks and the bundle into a closet in an empty cupboard—he drove a nail in the cupboard to fasten it, and went away—I never saw any more of him until he was in custody—about half-an-hour after Johnson had left the yard, Watts and Hyde came there; they moved the things out of the cupboard, and put them into the Bell—I saw Hyde move the things—Watts was opening the door—I did not see him assist—he opened the door of the Bell—I did not assist in carrying the things—I was standing there, living just by, the same as I might be looking out of doors—my wife got them a light—I do not remember who had the candle in his hand, it is so long ago—when they had moved the things into the Bell, they locked the door and went away—I could not see which of them it was
that locked the door up; I was not close enough to see—Watts and Hyde were in company—they took the key with them, I believe—I did not have the key after that, nor yet my wife—I believe Mr. Watts asked my wife for the key before the things were moved—that same evening Watts asked me to carry a bundle up to his house—he gave me the bundle in the yard—I cannot say that I recollect what colour the wrapper of the bundle was—I was to have a pint of beer for carrying it—I cannot swear to what was in the bundle; I never untied it to see—it appeared hard; but I could not say what it was—the last time I was here I said I saw a hole in one of the sacks, not in the wrapper—I saw the impression of the bottom of the sole of a boot in the sack—I could not see what was in the bundle; it felt hard, as I shifted it from one shoulder to the other; but I could not say whether it contained boots, or what it was—it was a kind of a round bundle; lumpy—it was a goodish-sized bundle—I should say 40 or 501bs. weight; it was tied tightly—I don't know whether my wife saw the bundle; she knew I went with it—I took it to Mr. Watts's house, and had my beer—when I came back from Mr. Watts's I came into the yard—it is a very dark yard, and I nearly fell over the shafts of a cart, and as I was pushing back the cart, I kicked up against something—it was these boots, which I believe are here now—they were tied up; not loose—I don't know whether they were pairs—I afterwards went to pawn these boots—the pawnbroker detained me, and I was given into custody—I did not tell exactly where I lived at the time—I told Sergeant Coppiu about it afterwards at Marlborough-street—I made a statement before the magistrate—I then told the truth of the matter—I was in trouble about fifteen years ago; it was a very trifling matter.
Cross-examined. Q. You found these boots on the same evening the transaction occurred? A. Yes, I found two pairs; they were wrapped up together in paper—I did not begin to suspect then what had been in the sacks, not till afterwards—I knew very well they were not my boots—if I had not picked them up somebody else would—I did not make any inquiry about them—it was on the next day, the 13th, that I went to the pawnbrokers, about 2 or 3 o'clock—I did not tell my wife about finding the boots—the cupboard that I saw the sacks put into, was not in the Bell, but on the other side of the yard, about twenty yards from the Bell—my wife did not see the boots or the bundle they were in—I went with them to the pawnbroker's without her knowing anything about it—I did not know that I was doing wrong—the pawnbroker asked me some questions about them—he looked up, and saw the paper offering the reward, and he asked me where I got them, and I told him I had bought them—I did not tell him where—I have been examined here twice before—what I am telling is the truth—the persons against whom I gave evidence before were acquitted—I did not tell the pawnbroker that my wife had bought them—I did not say they had been bought at Woolwich—I told him I bought one pair for my wife and the other pair for my daughter—my name is Lush; I have got another name, Ellis—I might sometimes go by the name of Ellis, and sometimes by the name of Lush—I have not called myself Ellis to my knowledge without the Lush; not here I have not; I think not—Ellis Lush is my name—I can't recollect that I have represented myself to be Ellis, and not Lush—I have been called Ellis, I can't say where or when; people do call people different names at times—I can't say where I have been called Ellis; it might be at my work—when I was in prison I went by the same name as I do now, that is, Ellis—I call myself Ellis Lush—it was Ellis while I was in prison; I do not
know whether it was Lush also; I can't recollect now—I was in prison fifteen years ago—I have been twice in prison; on each occasion I was called Ellis—the pawnbroker sent for the policeman, and gave me into custody—I told the policeman that I found the boots in Bell-yard; that was when I was taken to the station—it was a week afterwards that I told the policeman, about Johnson and Hyde coming into the yard—I was in prison that week, remanded from one Saturday to another—I gave the name of Ellis to the pawnbroker—I had pawned in the name of Ellis before; I cannot say how often—I did not give any address to the pawnbroker; he did not give me a chance—I did to the policeman—I did not give him my right address; I told him I lived where I did not—I can't say whether that was the first time I had done so—I gave the name of Ellis to the constable—I don't know whether that was the first time I have given the name of Ellis to the constable—I forget all these things.
MR. LILLEY. Q. You say you have been twice in custody? A. Yes; once was fifteen years ago, the other time was when I was in custody about the boots—I have not been in prison on any other occasion—I have pawned things at other times, and given the name of Ellis—people generally give other names than their own when they want to pawn things; I cannot say whether I did so; you can give what name you like—at the time I pawned I was in poor circumstances; it was not likely that I should go and offer these boots if I had known they were stolen, and a reward offered at the same time—I lived about half a mile from the pawnbroker's—I had pawned things at that shop before; I have pawned my coat when I have been badly off—it was exactly a week after the 12th that I told about Watts, and Hyde, and Johnson, bringing the things and taking them away—I was locked up during that week, I had no opportunity of making a statement—I do not know how long ago it was that I was examined here the last time.
MR. RIBTON. Q. Did not you give your addresss to Waring, the policeman "Coach and Horses, 23, Burlington-street"? A. I did.
EMMA LUSH . I am the wife of John Ellis Lush. In December, 1856, we occupied a cottage in the Old Bell-yard, Westminster—the Old Bell was not occupied when we first went there; we had the key of it; there were things in it; Mr. Watts gave us the key—one night in the middle of December, I recollect Johnson's coming into the yard with a cab, which he drove; it was the evening before my husband was taken into custody, which was the 13th; it was dark at the time; I cannot say what time it was—I did not see anything on the cab; my attention was not drawn to Johnson, or to what he did, any more than seeing something come in—Johnson went into a cottage; there were some goods there; Hyde was there also—I was in my own cottage I suppose that was about twenty yards from the other cottage—Johnson went out again—in about an hour, or it might have been more, Mr. Watts came and asked me for a light, and the key of the Old Bell; I gave it to him—Hyde was with him; they went from the cottage into the Bell—I could see that there were parcels carried, but I could not tell what they were—the key was brought back to me on the Saturday night by Miss Watts, the prisoners daughter—I had seen Watts and Hyde go away that evening, after the goods were moved—I saw my husband with a bundle that night; Mr. Watts gave it him to take up to his house—I saw him go out of the yard with it—he was taken into custody next day—I saw the police at the place next Saturday; they were searching about—at the time they were searching the house. Watts came down and came into the cottage—I asked him what was the matter—he gave me some answer, but
I cannot recollect what it was—I think it was, that it was nothing to me, or something like that—I did not see him with anything on the night of the 12th, except the bundle that he gave to my husband—on the Saturday morning I saw him go out with something, it was like a boot in a silk handkerchief—I don't know when I saw Johnson again; I saw him that week—I never saw him after the police came and searched; he never came into the yard till a long time after that, not till the summer, a little time before he was brought up here.
Cross-examined. Q. I believe the Bell belonged to Watts, did it not? A. He was collector for it—he let it to a starch-maker about that time—I have been examined here on two previous occasions—I did not know of my husband's being in custody until the next Saturday—he was away for a week, and I did not know where he was; I inquired of Johnson and all of them, and they said perhaps he was gone down to the cattle show—he did not show me the boots that he found that night; I did not know that he had them.
MR. RIBTON submitted that there was no case for the Jury; that Lush must be regarded as an accomplice requiring confirmation, and the only confirmation was the evidence of the wife, which, in point of law, was not to be received in that light. The RECORDER was of opinion that there was a ease for the Jury; as Lush did not admit himself to be an accomplice, it was for the Jury to form their opinion upon the evidence.
The prisoner received a good character.
NOT GUILTY .
149. JOHN REEVES (35) , Robbery with violence on Maria Everett, and stealing from her person, a watch, her property; also for a like offence upon James Blake Gardener, having been before convicted; to which he
PLEADEDGUILTY .**— Four Years Penal Servitude.
Before Mr. Common Sergeant.
PLEADEDGUILTY .— Confined Twelve Months.
PLEADEDGUILTY .— Confined Twelve Months.
LANG— PLEADEDGUILTY .— Confined Twelve Months.
WILTON— PLEADEDGUILTY .— Confined Six Months.
Before Mr. Recorder.
MR. SHARPE conducted the Prosecution.
GEORGE FREDERICK BEST (Police sergeant, R 21). On Sunday, 28th November, in consequence of information, I went about 2 o'clock to the "Harrow" public-house—I found McDonald there in a very sinking condition, with a severe cut over his eyebrow; he was bleeding very much—I called a surgeon, and by his advice I removed him to Guy's Hospital—I afterwards
saw the body at the inquest—in consequence of further information, I went to the "Duke of Sussex" public-house in Grange-road, Bermondsey—I saw the prisoner—I told him I took him for being concerned in a prize-fight, and that McDonald was lying in a suffering condition in Guy's Hospital—he asked how McDonald was, and hoped he would recover—I cautioned him not to make any statement—he replied, "It is better to tell the truth" he then said he left London at 8 o'clock by the train for Abbey Wood, and afterwards fought with McDonald for near an hour, and the last round they closed and fell together; McDonald's head being under his arm, and he received the injury, that the fight was for 5l. a side.
Cross-examined by MR. RIBTON. Q. Do you know the prisoner? A. No; he gave his age, 16—I have seen his father, and I have heard that he is foreman of some leather works at Bermondsey—I have not heard that he was engaged—I have heard that he was bound apprentice to his father—McDonald's age was 17—I don't know anything about the fight.
ROBERT MILES . I live in Grange-road, Bermondsey. I went to the fight at Abbey Wood—I saw the whole of it—it lasted about 35 minutes—I observed the last round—they both closed together, McDonald fell, and the prisoner on him—the prisoner was taken up—I did not observe in what position McDonald's head was—I heard McDonald say when he was down that he was dying—it was about two or three minutes after he was thrown that I heard that exclamation, during the time he was lying on the ground after the fall—he seemed to be very much wounded—he was lying on the ground on his back—his seconds raised him up as well as they could.
Cross-examined. Q. Were you there at the commencement? A. Yes; it was a fair fight, as far as I could see—I do not know whether the deceased was a boxer—the prisoner was punished in the fourth or fifth round; I heard him say to his seconds that he should give the fight up—he was struck in the ribs—he was not knocked down—McDonald came to the ground every time—he fell every round—I don't know whether in the last round he received a blow—it did not appear to be a blow—they closed and fell together—this was on 28th November—I do not know that the fight had been made up by some friends of both parties—it was for 5l. a side.
GEORGE BAKER . I heard a noise and went up and saw the fight—I was in time to see the last round—I saw the prisoner throw the deceased—his head was under his arm, and he fell, and the prisoner fell over him—McDonald remained on the ground two or three minutes, he was gasping for breath—the seconds took the prisoner away—some men who were there lifted McDonald on their shoulders and took him to the "Harrow."
Cross-examined. Q. Was the ground the usual sort of ground; were there no stones there about? A. No stones, the ground was slippery—it was about a mile and a half from the "Harrow"—four men took McDonald on their shoulders—there were some railings which they broke and made a kind of stretcher, and took him on it—he got to the public-house about half-past 12, and was removed to London about half-past 5.
JOHN RAND . I am a surgeon of Guy's Hospital. I saw the deceased about 10 or 11 o'clock on the evening of 28th November—he was then in a dying condition; and he had evidently suffered from severe injury to the spinal cord near the neck, above the shoulders—he had a slight injury under the right eye, and some few cuts and bruises with fists—I was present at the post-mortem examination—we found a dislocation of the bones of the back—the dislocation of one of the vertebrae would not cause death, but the crushing of the spinal cord, which is contained in those bones,
would occasion death—the cause of his death was the crushing of the spinal cord—I should imagine that a person falling on his neck, and another person falling over him, might have occasioned such an injury—I was present a few minutes before his death—he died at a quarter before 3 o'clock in the morning.
Cross-examined. Q. You have heard the evidence of the fight—supposing a person had received several falls, and was in an exhausted state, and he was carried in that exhausted state for half a mile on a sort of stretcher, was it not possible that the accident might have been caused by that? A. I cannot swear that it is impossible, but it is most improbable—I should think if he were carried by railway, and then in a cab in any bungling way I should think it could not have been produced—it is not impossible, if the head had been suddenly jerked, that this might have occurred, but I think it is highly improbable.
MR. SHARPE. Q. Would he be able to do anything after such an accident? A. Certainly not; he would from that moment have been perfectly paralysed.
JURY. Q. Would it have been possible under any circumstances to have saved his life after that? A. Certainly not.
The prisoner's father gave him a good character.
GUILTY .—Recommended to mercy on account of his youth.— Confined Three Months.
JAMES LAMAGHAN . I live at 8, Buttesland-street, Hoxton. On Wednesday night, 1st December, about half-past 4 or quarter to 5 o'clock, I went to Mr. Winters, a cheesemonger, in Suffolk-street, Borough—the prisoner was there, and when he saw Mr. Winter pay me some money, he said, "Are you not going to stand something to drink?"—Mr. Winter said, You ought to"—I said, "Well, I will give you whatever you like"—Mr. Winter said, "I will have the order ready for you when you come back"—I am a ticket writer; I had taken him home some tickets and he paid me and gave the another order—I went and got a cup of tea and treated the prisoner to a glass of ale—I asked for the convenience of the house—the publican said that it was locked up, and the prisoner said that I could step across the road to his place, and before I had done what I went for, the prisoner said, "What are you going to stand to drink?"—he did not go into the necessary with me—I went first into his parlour—I told him that I did not come for that purpose, and I should stand no more drink with him—he said, "I will show you about that"—he shut the door, knocked the candle over, and came to collar me—I knocked his arm off several times, and kept him at bay some time—I stood in my own defence and got the upper hand of him—he took something from the sideboard struck me on the forehead with it and stunned me—I fell into a chair senseless and he put his hand in my pocket and took my money—it was something hard that he hit me with, not his fist—I asked him to let me go, and when he saw the blood running down my face he said that he was very sorry—I said that I wanted no sympathy from him, and when he opened the door, I collared him and halloed out—he fell with me into the road and then shut the door in my face—I stood on one side of the door till I saw it open and the prisoner come out, and when I saw that he was as far from the door as
I was, I collared him and called "Police"—I told him he had robbed me, and I should give him in charge—he threw me down and got away—I mentioned before the Magistrate that he pushed me out of the house, but we had a struggle first—I do not know the name of the street this was in—it is a turning out of Suffolk-street, the next street to where the police-station is, but I did not know that there was a station there, and went all the way to the Bermondsey station—I followed him across the road to a beer shop, he went in—there were about six people there, I should say—he went right through the beer shop into the sitting-room and I followed him—he sat down to play a game at cards with a man, and I told two people who were sitting there what he had done to me, and after staying there five minutes went away and left him playing at cards—when I went into the prisoner's house, I had 10 pence, 6d. in silver, and about 4s. in silver—I took 4s. 6d. of Mr. Winter—I got the 16d. from two customers after leaving home, but I had paid for two pints of ale—I spent 6d. altogether—I lost 4s. as near as I can say—I had drank half a pint out of the first pint of ale, about a gill out of the next, and he poured the glass of ale back which I had poured him out of the pint pot, into my pint, and said that he did not like it, he must have mild ale—I drank out of the jug—I said, "If you wish to have more you must have it at your own expense"—there was an old lady lying on the outside of the bed when we first went into the prisoner's house, and when he called her she got up—she held my arm when I was going to strike him—she was a little obstruction to me, but I did not think it worth while to say anything about it before this time—my contention was with the prisoner—I do not think I said anything before the Magistrate about her holding my arm.
Prisoner. I have been waterman at Waterloo-bridge forty years—I was tipsy, and do not recollect anything about it—I do not remember seeing him—if I had done anything wrong, why did not he give me in charge at 7 o'clock at night?
Witness. I gave him in charge next day—I went with two or three constables and knocked at the door—it was not opened, and they broke it open, but he was not there—I went home to my cousin's in Bermondsey that night, and he saw my clothes all over blood—he took no steps—I got there about 9 o'clock in the evening—I spoke to the police the same evening, and they told me to go to Stone's End station, but I was too fatigued.
THOMAS BUCANNON (Policeman, M 30). On 2d December, about 3 o'clock in the afternoon, I was on duty at Stone's End station, and the last witness came and gave information to the Inspector that he had been robbed the night previously—I was directed to apprehend the prisoner—I went to his house with two other constables, and found him drunk in his own house—he was brought to the station, charged, and taken before a Magistrate, but he was too drunk for the Magistrate to deal with the case, and was remanded for three or four days, when he was committed for trial—he denied robbing the man, but said he had been drinking with him—the prosecutor had received a blow, but the blood had been washed off then—he did not say that he had been struck with an instrument, only that he had been knocked down and stunned—I found no instrument or weapon in the house—I did not see that the prisoner had had any blow—the prosecutor is rather the taller man of the two—he said that there was an old woman in the room, but did not say that she held his arms—I found the prisoner's wife there; she is not very young—I think a hard blow with a fist might have made the lump on the prosecutor's face; it was more like a bruise.
Prisoners Defence. I know nothing about the case; I was tipsy.
NOT GUILTY .
Before Mr. Baron Martin.
MR. ROBINSON conducted the Prosecution.
WILLIAM CROPPER . I am a bricklayer and builder in Snow's-fields. I have the lease of a house and shop in Mermaid-row, Bermondsey—I have known the prisoner three or four years—he is a labouring man, a handy man—he has worked for me from time to time—he had cleaned out the house in question about a fortnight before the fire—on the day of the fire, I found fault with him for leaving his tools about, and got another man to work—he muttered a something; I do not know what, for I walked away from him—I was at the house on Thursday, 29th November, to show it to a person; it was empty—there was no furniture in it—between 2 and 3 o'clock on the morning of the 26th, I was roused from my sleep—I dressed and went to the house with a policeman—I saw the stairs smoking; they had been in fames—five of them were destroyed—a quantity of rags was lying on the stairs, and some matches, half consumed—they appeared to be greasy rags—I saw the prisoner—he came to my door, I believe, in charge of the constable; that was the first time that I saw him that morning—my superior landlord is Captain Henry Creed, of St. Albans—the fire had been extinguished when I got to the house, it was still smoking.
COURT. Q. Who told you that the place was on fire? A. The police came to my door with the prisoner—he was not then in custody.
ALEXANDER JONES . I am a fishmonger, and live at 126, Snow's-fields, at the corner of Ship and Mermaid-row, fifteen or twenty yards from the prisoner's house. On Tuesday morning, 26th November, I was returning home about 2 o'clock, and my attention was drawn to the smell of fire, as I was passing the row—I looked down, and saw smoke and a light issuing from the first-floor window of Mr. Cropper's house—knowing the house to be uninhabited, I went and hallooed to know whether there was anyone there—I received no answer—I immediately ran and knocked at my own door—my son came and opened it, and we returned to the place—as I got back to the honse, I saw the prisoner coming out of the gate of the house—he closed it behind him—I went up to him, placed my hand on his shoulder, and asked him if he had been in there to sleep, or whether he had been kindling a fire in the room (I knew him before)—he said, no, he had not—I drew his attention to the smoke, and so did my son, and I then said to my son, "Fetch a policeman directly"—the prisoner said he would go either for a policeman or an engine—I said, "No, Jack; you shall not budge an inch from where you are"—my son went, and returned with a policeman—I drew his attention to the smoke—he asked the way to get in—the prisoner took him to the door—I told the prisoner that he knew that door was fast—he then took the policeman to the gate, as if to open it, but he pressed his hand against it—the policeman put his hand to it, and opened it, and he said, "Why, these gates are open!"—that was the gate I had seen the prisoner come out of—we all went in, and I saw the staircase on fire, and likewise an accumulation of rags the full width of the staircase, burning, and the flames rushing up the stairs—I should say there were as many rags as you might take lightly in your arms—they were only on one stair—I ordered my son to fetch some water, and the prisoner followed him out, and the prisoner threw the water up the stairs—the fire was put out—there were two or three quantities of water fetched—I did not see any
other person about or near the premises, except the prisoner, until Mr. Cropper came—I went round with the prisoner to call him—I never lost lost sight of the prisoner.
JAMES CUMMINS (Policeman, M 107). On the morning of 26th November, between 2 and 3 o'clock, I was called to these premises—I was the first policeman that got there—I saw Mr. Jones and the prisoner standing at the gate—I went in, and saw the stairs on fire, and some rags burning on the stairs—some water was brought; I did not see the prisoner bring any, but I saw him throw it on the fire.
JURY. Q. Did you find the gate open when you got there? A. Yes; I had tried the gate about a quarter of an hour before, when I went my rounds, and it was then fast—there was no appearance of fire then.
DENNIS CLARK (Policeman, M 108). I got to the premises between 2 and 3 o'clock; it was then smoking—I found the prisoner, Mr. Jones, and my brother constable, at Mr. Cropper's door—in consequence of what Jones said to me, I kept my eye on the prisoner—I followed him to Mr. Cropper's door, and said I wanted him to go with me to the station; with that Mr. Cropper opened his door, and said, "Take that man into custody," pointing to the prisoner—but I had got him in custody then—the prisoner was knocking at Mr. Cropper's door at the time—I told him that I wanted to take him to the station about the fire—he said, "What is Jones going to say about it?"—I said I did not know—he said, "He set it on fire, not me"—I searched him, and found a lucifer loose in his pocket.
COURT. Q. Did you find nothing else on him? A. Only a little short pipe, but that was broken.
THOMAS JACKSON (Police-sergeant, M 5). I examined the premises after, the prisoner was in custody—I found a quantity of burnt rags on the stairsof various sorts, apparently greasy; on further examination I found somelucifer matches partly burnt, and a few small pieces of wood partly burnt—the matches were of the same kind as the one found on the prisoner.
NOT GUILTY .
MESSRS. SLEIGH and ORRIDGE
conducted the Prosecution.
MR. RIBTON for the Defence.
NOT GUILTY .
There was another indictment against the male prisoner for a like offence upon the same person, upon which no evidence was offered. Another indictment for a like offence, upon Ellen Saltmarsh ; was postponed until the next Sessions.
ADJOURNED TO MONDAY, JANUARY 3RD, 1858.