CENTRAL CRIMINAL COURT.
WIRE, MAYOR. FOURTH 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, January 31st, 1859.
PRESENT.—The Right Hon. the LORD MAYOR; Sir FRANCIS GRAHAM MOON, Bart. Ald.; Mr. RECORDER; Mr. Ald. LAWRENCE and Mr. Ald. MECHI.
Before Mr. Recorder and the First Jury.
Mr. ORRIDGE conducted the Prosecution, and Mr. ROBINSON the Defence.
Upon Mr. ORRIDGE'S opening, the Court was of opinion there was no case for the Jury.
NOT GUILTY .
PLEADED GUILTY .— Confined One Month.
213. WILLIAM HENRY PRESTON (34) , Feloniously embezzling the sums of 1l. 6s. 3d. and 1l. 2s. 6d. of John Young, his master; also unlawfully obtaining 2l. 2s. of Alfred Allworth, by false pretences to which he
PLEADED GUILTY .
Recommended to mercy by the Prosecutor.— Confined Eighteen Months.
214. WILLIAM JONES (14) , Stealing 6 buttons, a reel of twist, and other articles, value 7s. 6d. of Benjamin Spilsbury and others, his masters; and EDWARD LONG (17) , Feloniously receiving the same; to which they
PLEADED GUILTY .
JONES— Confined Three Months.
LONG— Confined Eighteen Months.
Long received a good character, Jones was recommended to mercy by the Prosecutor, believing him to have been led astray by Long.
PLEADED GUILTY .**†
Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .
He received an excellent character, and Mr. ROBINSON for the defence stated that the money had not been taken for himself, but to meet the defalcations of his father, a tax collector. Confined Four Months.
221. RICHARD OLIVER (23) , Unlawfully obtaining 1 shawl, value 3l. 2s. 6d.; also 2 shawls, value 5l. 10s., of William Morley and another; also 2 other indictments for obtaining other goods of other persons by false pretences; to all which he
PLEADED GUILTY .
Recommended to mercy by the Prosecutors.— Confined Eighteen Months.
NEW COURT.—Monday, January 31st, 1859.
PRESENT—Sir FRANCIS GRAHAM MOON, Bart. Ald.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
Mr. SLEIGH conducted the Prosecution.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution and MR. RIBTON the Defence
GUILTY .— Confined Eighteen Months.
OLD COURT.—Tuesday, February 1st, 1859.
PRESENT—Mr. RECORDER; Mr. Ald. CARTER; Mr. Ald. CUBITT; and Mr. Ald. LAWERENCE.
Before Mr. Recorder and the Second Jury.
MR. SLEIGH for the Prosecution offered no evidence.
NOT GUILTY .
RICHARD PIKE PLEADED GUILTY .*— Four Years' Penal Servitude.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of police—I am now principally engaged by the Mint authorities—on Saturday, 22nd January, in consequence of information I went to 63, Cranbrook-street, Victoria-park, about half-past 2 in the afternoon—I was accompanied by Inspector Bryant and some other officers—I directed constable Elliott to go and knock at the door—it was opened by a little girl—I directed Elliott to run into the yard—I went to the back-parlour door, which was closed—I forced it open with a sledge hammer, and rushed into the room—I found the three prisoners there sitting at a table by the fire, which was a clear bright one—the other officers entered with me—Tiggell had a file in her right hand, which she flung down—the male prisoner had a plaster of Paris mould in his left hand—he came towards me and made a Kick at me—I pushed him into the corner with the sledge hammer—at that time Margaret Pike commenced stamping on the mould, which the male prisoner had thrown down—I pushed her away and she fell over a chair which was behind her, on her back on the floor—that was to prevent her stamping on the mould—before this I had seen Margaret Pike sweep a handful of shillings off the table, some of which she threw into the fire and I saw melt—some dropped on the floor in different parts of the place—that was on my entering, before she stamped on the mould; it was all instantaneous—I saw the coin which went into the fire, melt, it melted instantly, almost as quick as butter—after I pushed Margaret Pike and she fell, she lay on her back and kicked me with great force with both feet; she kicked in all manner of directions, and seized several of the fragments of the broken mould with her hand, and crushed them in her hand—I saw that—the prisoners were secured, and Serjeant Evans put into my hand this piece of mould of the obverse side of a shilling—before the prisoners were secured Tiggell stamped on the remaining part of the mould as much as she possibly could—when the prisoners were secured they were taken to a distant part of the room, close to the door—I examined the fire—I found on it this tobacco pipe with white metal in it in a fused state—on the floor I found five counterfeit shillings, which I also produce—the half plaster of Paris mould was put into my hand by Serjeant Evans, it was quite hot—only one part of the mould was found perfect, the fragments of another
part were found—I produce a band for holding the mould—that was also warm—on the mantelpiece I found a good shilling corresponding in date with the counterfeit, and I believe the one from which the impression was taken—in the cupboard I found a jug containing acid, some bottles, some metal spoons, and a deposit cup for a galvanic battery, and some brushes—the wires were attached to the battery—I saw Evans find them on the ledge under the window—in the cupboard I found some plaster of Paris in powder, and a composition called slumming, in a saucer, that is used to give the coin a dull appearance after it is electro-plated—I also produce some spoons, and a file that was picked up off the floor by Inspector Bryant—I saw Tiggell throw it down—I took possession of the things—I said to the male prisoner, "Well, Dick, I come to pay you another visit" (the women were present)—he said, "Yes, work has been very bad, and we were obliged to do this for a living"—Margaret Pike then said, "Oh Dick, oh Dick, I told you months ago it would come to this; you had better have kept to your work"—she said, "Mr. Brannan, save my child"—I said, "I have nothing to say to you,all the imprisonment you have had has had no effect upon you"—there was a little girl in the room, the one that opened the door—the prisoners were all taken to the station.
Cross-examined by MR. METCALFE. Q. You forgot to tell us how you got in.? A. No, I did not; Elliott knocked at the door—he was dressed as a butcher—he had no meat—when I went in Margaret Pike was sitting at the far corner, and she immediately sprang from where she was sitting and swept a quantity of shillings off the table, and threw some on the fire and some on the floor—she continued doing that and crushing the mould—Tiggell had the file in her right hand which she flung down, and as opportunity occurred she used every effort to demolish the remainder of the mould—the pipe was on the fire—I took it off—the male prisoner was in his shirt-sleeves, with a mould in his left hand, held in this pad—it was a mould for a shilling—I saw him throw it from his hand.
BENJAMIN BRYANT (Police-inspector, G). I accompanied Brannan to the room, and saw the three prisoners sitting round the table close to a clear, bright fire—I saw Tiggell with a file in her right hand, and a counterfeit shilling in her left; she threw the file on the floor, and the shilling on the table—I did not take possession of that shilling, it was swept off the table with the others—I believe it was a counterfeit shilling, because all that were taken from the table were counterfeit—I saw some shillings thrown into the fire by Margaret Pike—I picked two of them off the fire, and one from the hearth, and I now produce them—after the prisoners were secured and put by the door, Margaret Pike said to the male prisoner, "What have you done with the mould?"—he replied, "Dropped it"—she said, "Yes, and I have smashed it to pieces"—he said, "No, you have not; they have got a part of it"—she said, "You b—fool, why did not you give it to me? I would have smashed it all to pieces, I would have stuck a knife in their hearts before I would have parted with it"—I afterwards found this file (produced) on the floor—there was white metal in the teeth of it—on the mantelpiece I found this bottle containing acid.
THOMAS EVANS (Police-serjeant, G 22). I accompanied Brannan to this house—I saw Margaret Pike fall on the floor—I saw her take hold of several pieces of the mould, that had been broken, and crush them in her hand—I handed her over to Elliott and Cook—I picked up this mould off the floor—it was quite warm—I gave it to Brannan—I secured Tiggell—she was stamping on the fragments of the mould that was broken—after
they were secured, I searched the room, and underneath the grate, among the ashes, I found several pieces of metal that had been run through the fire—I found this galvanic battery, and other things produced.
ARTHUR ELLIOTT (Policeman, G 104). I accompanied Brannan and the other officers—I had on a blue blouse—I knocked at the door; it was opened by a little girl—I went into the yard, and afterwards into the back-parlour—the officers were then engaged in securing the prisoners; they were very violent indeed—I received Margaret Pike and Tiggell, and with Cook's assistance put them into one corner of the room—while I was holding Margaret Pike she said, "Let me go, or I will put a knife into your heart; and if I cannot get a knife I will kick you somewhere that shall send you to the grave"—she resisted very violently.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint—this file is an instrument used in coining, it has been used for that purpose—it has a great deal of white metal in the teeth of it—it is used to make the mailing perfect—this half-mould is made of plaster of Paris, it is the obverse side of a shilling—this genuine shilling produced must have been the one used as a pattern for making the mould—the mould would be in two parts, and the metal would be poured in at this get—these spoons are made of a metal which might be converted into counterfeit coin—if thrown into the fire it would melt immediately—this metal found on the hearth is the same kind of metal, except that a little tin has been added to it to make it harder—here are eight counterfeit shillings all produced from this mould—they are of the same metal as the spoons with the addition of a little tin—there is some metal contained in this tobacco-pipe—this is rather a clumsy way of ladling the metal out of the crucible, or whatever it was melted in, and pouring it into the mould—the metal in it is the same kind as that of which the shillings are composed—the acids produced are necessary for electro-plating coins, but these coins were not prepared for electro-plating—this composition called slumming is used for the purpose of colouring the coins and making them look as if they had been used; they are then allowed to dry, and are generally wrapped up separately in paper.
MR. METCALFE submitted that the prisoner, Margaret Pike, was entitled to an acquittal upon two grounds; first, as being the wife of the male prisoner, and secondly, because the evidence only went to show that she was active in getting rid of the evidences of the crime, not that she was taking any part in the crime itself.
MR. BODKIN, as to the first point, called for proof of the marriage; and as to the second, contended that it was for the Jury.
MR. METCALFE called
Cross-examined by MR. BODKIN. Q. Were you present at the marriage? A. No, but I was close by—it is 11 years ago—I was in Golden-lane when they came home—I do not rightly know where they lived at the time of the marriage—Mrs. Tiggell, before her marriage, lived in Black-boy-court, Golden-lane, for years—she had been married before, to Mr. Tiggell—he is dead—Pike was a cab-driver, she was a hawker, so was her husband Tiggell—I married her sister—the younger prisoner is her daughter by the first marriage.
MR. BODKIN inquired whether the COURT was of opinion that the proof of the
marriage would secure the prisoner, Margaret Pike, from the consequences of the crime. The RECORDER was of opinion that it would.
ADELAIDE FULLER , dressmaker, of 33, Wellington-street, Hackney-road, who had employed the prisoner for sixteen months, and THOMAS HALSEY BROOK, box and case maker, of Brook-road, Dalston, deposed to Margaret Tiggell's good character.
BRANNAN stated that she had been in custody for uttering counterfeit coin, but that for the last eighteen months he had lost sight of her.
MARGARET PIKE— NOT GUILTY .
MARGARET TIGGELL— GUILTY.— Judgment respited.
MESSRS. BODKIN and POLAND conducted the Prosecution.
WILLIAM JACKSON . I live at 20, Pickett-street, Strand, and was formerly a constable in the police—I produce a certified copy of the record of the conviction of James Jones and William Clewley. (Read—"16th June, 1851, James Jones and William Clewley, uttering counterfeit coin, having other counterfeit coin in their possession. Clewley guilty, 18 months.") The prisoners the person—I was a witness at his trial.
Prisoner. I am not the man you represent. Witness. Yes, you are, there is no mistake about that—you were brought into the cell to me, and not mixed with others—I know him from his brother, his brother is not so tall and stout.
ELIZABETH BULLEN . My husband keeps the Crab-tree public-house at Fulham—on Monday, 20th December, the prisoner came to our house about 20 minutes past 5 in the evening—I served him with a glass of half-and-half, which was three-halfpence—he gave me in payment a bad half-crown, and I gave him change, and he went off directly—I then put the half-crown in the detector, and found it was bad—I gave it to a person named Ritches—he took it out of the house, met my husband and gave it to him—he shortly afterwards returned—from what he said to me I went with him to the Greyhound, another public-house, where I saw the prisoner and my husband—he was given into custody—I left the half-crown with my husband.
Prisoner. Q. When you came into the Greyhound, did you not say that you thought I was the man? A. I asked you to turn to the light, and when I saw your face I identified you directly—before I saw your face I said I thought you were the man—you had a hat on when you came to our place, and when I saw you at the Greyhound you had a cap on—I never put the half-crown in the till at all—I put it into the detector, and found it was bad directly.
HENRY RITCHES . When this happened I was living at the Crab-tree—on 20th December last, I was there, and I saw the prisoner—he was standing before the bar—I did not see him go out—Mrs. Bullen gave me a half-crown and told me something about it; in consequence of which, I ran up the road towards the Greyhound, and met Mr. Bullen—I made some communication to him, and gave him the money, and we both went together towards the Greyhound. We found the prisoner coming up the road to the Greyhound from the Crab-tree. Mr. Bullen gave him into custody—I told him he was the man who was at the house.
Prisoner. Q. Where were you when the man gave the half-crown to Mrs. Bullen? A. In the tap-room—I saw through the glass window, I was not four yards from it—there was no gas or candle, it was not dark—you stood near the door, which was open—the bar is close to the door—when Mrs. Bullen came into the Greyhound she said at first that she thought you were the man; but when you turned to the light, she said, you were the man that gave her the half-crown.
MR. BODKIN. Q. What had he on his head when you first saw him? A. I did not notice; he had a cap on when he was given into custody.
HENRY BULLEN . I am the landlord of the Crab-tree—on Monday evening, 20th December, Ritches came to me in the Fulham-road—he gave me a bad half-crown—from what he said to me, I went towards the Greyhound—Ritches pointed out the prisoner to me, and I went up and collared him, and took him to the Greyhound—I said, "You are the man I want"—he said, "What for?"—I said, "For pawing a counterfeit half-crown to my wife at the Crab-tree"—he said, that he had not been at the house for the last five years—he then pulled out four half-crowns, and to all appearance they were good, while I had him there, waiting the arrival of the police, and said, "You had better take one of them;" and he begged me not to look him up, as, he said, it would be a stain on his character—a policeman was sent for, and I gave him into custody, and I gave the half-crown to the policeman—previous to that I put a mark on it—this is it.
Prisoner. Q. Did you let the half-crown go out of your hands to anybody else in the Greyhound? A. No; not till the arrival of the policeman.
GEORGE BIDEN (Police sergeant, T 32). On Monday evening, 20th December, I was sent for to the Greyhound—the prisoner was given into my custody—I searched him, and found on him four half-crowns, which I supposed to be good—Mr. Bullen gave me a bad half-crown—this is it (produced)—I took the prisoner before the magistrate next day—he was remanded till 31st December, and on that day he was discharged, there being no case against him.
JOHN FESHWATER . I am a receiver of letters at the Post-office, Oxford-street, kept by Mr. Stephenson—on Saturday, 8th January, about a quarter past 8 o'clock in the morning, the prisoner came in for 3 shillings' worth of stamps—I served him, and he gave me in payment a sixpence, and what appeared to be a half-crown—after he had gone, I looked at the half-crown, and I believed it to be a bad one—I then went out after him, but could not see him—I took the half-crown back again, and put it at the back of the till, where I kept the gold—I kept it entirely apart from any silver—it remained there until Monday—the till was locked up, and I had the key of it—on Monday morning, about 10 o'clock, I saw the prisoner walking up and down in front of the shop—he at last came in, and asked for half-a-crown's worth of stamps—as I was getting them out, he took some silver out of his pocket, about 3 half-crowns, and 2 shillings—he did not attempt to give me the money, so I asked him for the half-crown before I would give him the stamps—he refused to give me the money until I had given him the stamps—he then put the remainder of the money in his pocket, except the half-crown he was going to give to me, and I called out that he was the man that gave me the money on Saturday—when I said that, he ran out of the shop, and I ran after him, calling "stop thief—he was stopped by a gentleman in Winsley-street—I was close up behind him—he turned round near Winsley-street to strike me—after that a gentleman stopped him—the
policeman, Baldwin, came up, and he was given into custody, and taken back to the shop—I then examined my till, and found the half-crown as I had placed it, not mixed with the silver—I gave it to the constable—this is it (produced)—as I was running after the prisoner, he turned round, and I bobbed down away from him—I did not see whether he threw anything away at that time—his arm went towards the carriage way, not towards the areas.
Prisoner. Q. Did you put any mark on the half-crown? A. No; the constable marked it in my presence—Mr. Stephenson did not mark it; to the best of my belief he did not have it in his hand—I gave it to the constable, and he marked it—the constable did not give it to Mr. Stephenson—I never lost sight of it all the time—I believe the constable marked it T S.
AARON BALDWIN (Policeman, C 136). On Monday, 8th January, I took the prisoner into custody in Oxford-street, near Winsley-street—a gentleman had hold of him—I saw the last witness; he said he wished to give him in custody for passing a counterfeit half-crown on the morning of the 8th, about 10 minutes past 8, at the Post-office, Oxford-street—The prisoner said, "I have never been in the shop before this morning"—I said, "You must go back with me"—I took him back to the shop, and searched him—I asked him what made him run away—he said, "I did not run away"—I found on him one good half-crown, and two good shillings—the lad gave me this bad half-crown, and I marked it—the prisoner gave the name of George Robinson.
Prisoner. Q. Did you not put the half-crown into Mr. Stephenson's hand? A. I did; he did not mark that half-crown; he marked another one, a good one, so that there should be a separation—I marked the bad one, and he marked the good one.
MR. POLAND. Q. You say Mr. Stephenson might have had the bad half-crown in his possession; did you lose sight of it at all? A. Not at all.
GUILTY .— Four Years' Penal Servitude.
HAYES* and RILEY* PLEADED GUILTY .— Confined Twelve Months.
MR. METCALFE offered no evidence against JARVIS and MATTHEWS.—
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
GEORGE RUSSELL . I have one partner—we carry on business as linen factors, at 3, Star-court, Broad-street, City—about 13th November last, the prisoner called on me—I recollected him when he was introduced to me, I did not know him by sight—he wished to purchase forty-three bolts of sail-canvas, and wanted a month's credit—I asked him to name his reference, he gave me two references; at the same time he produced a letter or certificate from a firm who had been in business in London two or three years before, and for whom he had acted as agent—he called again the same day to ascertain the result of our inquiries—I told him from what I
had heard, I believed him to be an honest industrious sort of man, but that he was possessed of no means as far as I could ascertain, and that I would sell him the goods only for cash—up to that time he had not mentioned the purpose for which he wanted the canvas—I remarked to him that, supposing his principal could not pay him, he did not seem to be able to pay us—he said there could be no risk in the matter, that he was to be paid for the canvas by an order from the captain of a vessel in the docks upon his owners or brokers—he did not name the vessel at that time—he also added that there would be no risk, that we should have a bill on the vessel for any stores or canvas that might be supplied—after some conversation on the matter, I said that I would sell him the canvas on conditions, first that he would tell me the name of the vessel, and that he would hand the order from the captain on his owners to us for collection, for us to receive the money from the owners and account to him for the balance—he then said that the vessel was the Mary Ann, Cape of Good Hope, commanded by a Dutchman whose name he did not recollect; and he agreed at once to deliver the order, which he did—I then told him that we were relying in this matter entirely upon the truthfulness of his statement—he said that I might rely upon his honesty and truthfulness—he said the canvas was required for sails for the vessel—I supplied him with canvas to the amount of 76l. 18s. 6d.—he said that he had a contract with the captain for a set of sails; and that he was to get them made up by a sail maker—he did not tell me who the sail maker was—I suggested that I should send the goods to the sail maker to save trouble, and I asked his name—he declined to give me the name, as he did not wish the sail-maker to know from whence the canvas came, and he asked me to send the canvas to Railton, Sim & Co., shipbrokers, Seething-lane, one of his referees, as being convenient for the captain to see the canvas there, being close to the docks—I accordingly despatched twenty-seven cases on the 15th, which was all we had in the warehouse at that time, and the remaining sixteen on the 22d—the prisoner called on the 20th to inquire if the rest of the canvas was in hand—I told him it had not arrived, but I expected it on the Monday—he told me to deliver it where the first parcel had been delivered, and it was so delivered—I believed the statement he made that he had a contract with the captain to supply the vessel with sails—I parted with the property upon those representations—I afterwards saw the prisoner at Bow-lane station in the custody of Knight the officer—he requested me not to press the charge, and said that he would give me 10l. on account if I would send or go with him, and that he would find security for the remainder—I said that I must go on with the charge.
Cross-examined by MR. METCALFE. Q. To whom did you give credit in your books? A. To the prisoner, not to the captain or the owners—I expected to receive from him the captain's order on the owners—I did not inquire anything about the owners at that time—I know that a captain frequently gives orders for sails, I presume that is by the direction of the owners—I gave the prisoner the goods because he told me the name of the vessel and promised to hand over the order of the captain; I refused to sell them otherwise; I refused to let him have any credit—I had a good account of his honesty from the persons I inquired of—so far as I know, they are respectable persons—I know one of the firms to be highly respectable—Railton & Co. also gave him a good character—Kidd & Co. were his former employers, they are very respectable manufacturers, they are the persons from whom the certificate came; they are not in London—I
recognised the prisoner as their former agent—I dare say that was two or three years ago—he told me that he was the captain of a merchant vessel, I was not aware of it—he told me that this canvas was to be made up into sails for the vessel, that he had a contract with the captain and was to employ a sailmaker—he was to get them made up and supply them ready made to the vessel—I do not know how long that would take, perhaps three or four weeks—the terms upon which I sold the goods are entered here in my book (reads—"John Constable 2 1/2, one month")—I did not also ask him for a bill of exchange—I said if it was necessary to have his note during the currency of the month, I should ask him for it—he agreed to give it if it should be asked—I expected to get the captain's order within the month—I asked him at what time the vessel was expected to sail, and he said in three weeks at the latest.
MR. SLEIGH Q. You never did ask him for the note? A. I never did—I should not have parted with the goods if I had not believed the statement he made that the canvas was for the sails of a vessel called the Mary Ann, and that he had authority to procure them, and had made a contract with the captain for that purpose—I should not have parted with the goods unless I had believed he was telling me the truth.
MR. METCALFE. Q. Did not you tell the prisoner's wife that you trusted him, because you recollected that he was Kidd's agent? A. Certainly not; I never said so—I saw his wife about three weeks afterwards—I recollected who he was when he produced Messrs. Kidd's certificate, but I should never have given him the goods upon the strength of that certificate—that had no effect in inducing me to let him have the goods—I had no reliance on his standing and responsibility, and should never have granted him the goods upon that.
JOHN NEWHOLME . I was the commander of the Mary Ann, lying in the Victoria-dock, in November last—I know nothing of the prisoner—I never made any contract or agreement with him to supply the Mary Ann with sails—I never heard anything of him until he was taken into custody—this card (produced) is a card of the Mary Ann, of which I am the commander.
Cross-examined. Q. That is one of your cards? A. Yes; I do not circulate them, the agent of the ship does; I suppose to get freight for the ship—there are other ships called the Mary Ann, but not with my name attached—it is very possible there might have been other vessels called Mary Ann lying in the docks at that time—we were going to Bombay.
FREDERICK SIMMONDS . I am clerk to Mr. D. Pithonia, of Threadneedle-street—the firm are the owners of the Mary Ann—I know nothing of the prisoner with respect to this canvas—I have known him in the City for some time—he had no transaction with our house in respect of the Mary Ann—I never saw him at the office—if he had had any transaction in reference to that vessel, I must have known it.
Cross-examined. Q. Have you had transactions with him? A. No; I knew him as clerk to Aggs and Co., nothing more—they are in the shipping way—I do not know that he gets his living by supplying sails to vessels—I thought he acted as chartering clerk to Aggs and Co.—that may be three months ago—that is a respectable house as far as I know—I had known him before that, but not to speak to him much—we always employ Messrs. Hall for our sails—the owners never give orders for a ship, without my knowing it—Mr. D. Pithonia is the owner—all orders go
through the office, and are necessarily known to me, because I have the superintendence of all the ships' accounts—Mr. Pithonia lives at St. John's-wood—he is generally at the office every day—if he transacted business in my absence, he would write the order, and the order would have to be sent out for us to take a note of it—I have not seen any order about these sails—I mean to say that the owner has not given any order, verbal or written, from the fact of its not being recorded—the books are not here, but I can tell without the books, for I have the accounts—I can say positively no order has been given—I superintend all the books—I do not keep them all—I know that the sails for the Mary Ann have been made by Messrs. Hall—if the owner had given an order and handed it to a clerk, and he omitted to enter it, I should conclude that no order had been given, from the fact of not finding it there—if it had been given to some clerk to enter, I should be sure to have known it, because then the other order would not have been given—the order would be given to me if I was there, and if I was not there, it would be laid upon my desk—if it had been laid on my desk and been swept away, and not entered, I should certainly say it was not made out.
MR. SLEIGH. Q. Are the other clerks under your supervision? A. Certainly not—Mr. Pithonia is the head, and they are all under him; but I attend to the shipping department, the orders and accounts, and all the matters connected with the Mary Ann were under my immediate superintendence—Messrs. Hall, of Limehouse, are the sail-makers for all ships belonging to us—I have been in this house about three years; during the whole of that time I believe we have never employed any other sail-maker—I have been on board the Mary Ann.
COURT. Q. Do you know when the sails were supplied to this vessel? A. I do not know the date—I was in communication with Messrs. Hall about the tails, about the time they were ordered; that was about November or December—I have not taken the dates,—I had other business to attend to at the time—the vessel came into dock last February—she has not been out since, until now.
GEORGE ROBSON . I carry on business as an agent, and rent some offices in Seething-lane—I was not requested by the prisoner to receive any goods for him—I was made aware that some canvas would be left there, or that Mr. Railton had given permission to the prisoner to have some—I signed a note for the delivery of some canvas some time in November, I think—I think it was later than the 16th—I have not got the note.
GEORGE RYAN . I live at 26, Little Trinity-lane, and am porter to Messrs. Russell—on the 15th November, I delivered twenty-seven bolts of canvas at Messrs. Railton's, and on the 22d of the same month, I delivered sixteen bolts—I have not got the delivery notes here.
ROBERT JACOB BOOTH . I am an auctioneer at 21, Budge-row, City—I have known the prisoner about a year, or a year and a half—I did not know him as Mr. Constable, I knew him as Mr. Sawyer; that was the name he gave me when I first knew him—on 16th November he called on me and brought me twenty-seven bolts of canvas to be sold by auction; they were to be put in my next sale—I made him an advance of 30l. on account—I sold it by auction for what it would fetch—on 24th November he brought me sixteen bolts more, which he also directed me to sell by auction—I did so—I have paid him the proceeds of the sales—I think they produced 68l. 15s., and there was my commission out of that; I think he had about 65l.—he did not make any statement how or where he had obtained it.
London—I received instructions to apprehend the prisoner in November last—on Tuesday, 4th January, I saw him leave a house in the Lewisham-road—I followed him over the bridge, stopped him, and said, "Mr. Constable, I am a police-officer; I am instructed to apprehend you for obtaining a quantity of canvas from Messrs. Russell & Co. of Broad-street"—he said, "My dear sir, you are entirely mistaken, my name is not Constable, my name is Thompson"—I said, "I believe it is Constable, and you formerly lived at Peckham"—he said, "What did you say the charge was?"—I repeated the charge to him—he said he knew nothing of the firm of Russell & Co., neither did he know anything about any canvas; he never had any dealings with any canvas in his life, and that he would take me to some respectable tradesmen in Lewisham to satisfy me that his name was Thompson—I told him that I felt satisfied his name was Constable, and if he would go with me to the Peckham police-station they would be able to tell me whether he was the man that I wanted or not, and if he was not the man I would bring him back in a cab and put him down where I took him from—he said there was no occasion for that, for there were respectable people in the neighbourhood to satisfy me—I went with him to two trades-men in the neighbourhood, but not being satisfied I told him he must go to London with me—after a good deal of persuasion I got him up to the railway—he said he very much wished to go back to his house to see his wife, and to get some papers—I consented to go back with him, and took an officer from the railway with me—at his house he went upstairs and looked in a drawer, and took out this card and put it in his pocket—when we got back to the railway and were waiting for the train, the prisoner took the card out of his pocket and showed it to me, and said, "My name is Constable; I am the man you want, but there was no fraud in the transaction; the canvas was for the sails of this ship, and that is the captain (pointing to the captain's name) that gave me the order for the canvas"—(Card read—"For Bombay direct, the fine fast-sailing ship Mary Ann, A 1, 957 tons register, J. Newholme, commander, lying in the Victoria Dock. For terms of freight and passage apply to Toulmin, Livingstone & Co.")—he said, "The reason why I denied my name, was, that I wanted a little more time, so as to make some arrangement with the firm about paying for the canvas"—I conveyed him to Bow-lane station, and Mr. Russell came and preferred the charge—the prisoner asked if he was allowed to ask Mr. Russell a question—the inspector told him he was—he then told Mr. Russell that if he would go back to Lewisham with him, if he would not press the charge against him, he would give him 10l., and security for the remainder of the money—Mr. Russell declined doing so.
Cross-examined. Q. Mr. Russell for some time seemed to think he would make an arrangement with him—did he not? A. I do not know—he asked him who took the canvas to Booth's, and the prisoner said a carman had taken it—Mr. Russell asked who told the carman to take it, and the prisoner said, "I did"—the prisoner has a wife and two or three children.
The Prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury on account of his former good character. — Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
NEW COURT.—Tuesday, February 1st, 1859.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .
Confined Nine Months each.
MESSRS ELLIS and ROBINSON conducted the Prosecution.
ELIZABETH WALSH . I am the wife of Richard Walsh—we keep a shop in Little Windmill-street—we sell sweets and cigars—on 8th January the prisoner purchased a cigar, he paid me 2d. for it—on the following Monday he came again, and he paid for what he bought with copper money—on Thursday, 13th, he came again, asked for a cigar and offered me a half-crown—I told him I had got no change and I would trust him—I trusted him—he paid me next day—on the following Saturday he came again and bought three cigars—they came to 6d.—he gave me a shilling—I gave him 6d. in change—I put the shilling in my pocket by itself—I had no other shilling—on Monday evening, the 17th, he came again and bought some sweet-stuff which came to a penny—he gave me the penny for that, and asked me to give him a half crown for 2s. 6d.—I did so—I thought it rather singular, and I put the shilling I had in my pocket with the 2s. 6d. and took them to a neighbour—I found they were all bad, and I put them by themselves—on Tuesday, the 18th, the prisoner came again, he asked for a cigar, and offered me a bad half-crown—I detected it immediately—I went round the counter and said to him, "You have passed a good deal of bad money on me; you must have thought me a natural fool"—I knocked at the door for my landlady and shut the prisoner in my shop—he got out, and I caught hold of him and pushed him into the shop again, and kept him until he was given into custody—I gave the half-crown and the 3s. 6d. to the constable.
Prisoner. Q. Where did you keep the first shilling? A. In my pocket all the while—I don't know the difference between that and the other two shillings; but I had no other shilling—those three shillings were what you gave me—I can swear you are the person that offered the whole of the money.
FEDERICK BUCKINGHAM (Policeman, C 76). On 18th January I was called to Mrs. Walsh's shop about a quarter-past 6 o'clock in the evening—she gave the prisoner in charge, and gave me this 3s. 6d. and this half-crown—the prisoner said, he did not pass them—he afterwards said, that he had passed the half-crown—he refused to give his address—I found on him 7s. in good money.
Prisoner's Defence. I can assure you of the four pieces of coin I am innocent—I believe the fact is, the coins were passed by one person, and then I unfortunately passed another.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
JOHN HARRIS . I am a shoemaker, and live in Strutton-ground—on Sunday, 16th January, the prisoner came to my shop—he wanted a pair of children's shoes—they came to 1s. 6d.—he laid down 2s. on my cutting-board—I took them up and tried them with my teeth—I found them both bad; they bent very easily—I told him they were bad—he appeared not to understand what I said—he appeared muddled with drink—I told him I would not take such money as that—he said, after an observation or two, "Well, governor, I want a pair of children's shoes"—I said, "You are aware I can't take such money as this"—he took up the two shillings and went away—I saw him passing my house afterwards and gave information.
JAMES ROBERT DIXON . My father is a butcher, and lives in York-street, Westminster—on Sunday morning, 16th January, I saw the prisoner about half-past 11 o'clock in the shop making a purchase of some meat—it came to 10d.—my father told me to take 10d.—the prisoner put down a shilling—I put it to my teeth and bent it—the prisoner appeared to be in liquor—I told him I could not take such money as that—he said, he did not think it was bad, and he then appeared more drunk still—he had not had any liquor during that interval—I told him if a constable came up I would give him in charge for passing bad money—a person outside said, "Millerman is coming"—the prisoner said, he did not care; neither Millerman nor a policeman should take him—I afterwards gave information to the constable Carr, and I gave him the bad shilling—he marked it in my presence.
LOUISA MASON . On Sunday, 16th January, the prisoner came to my shop about half-past 12 o'clock—he appeared to be in liquor—he asked for half an ounce of tobacco—it came to three halfpence—he put down a shilling on the counter—I took it up to try it; but before I took it up I found it was bad—I tried it and bent it—I said to the prisoner, "This is a bad shilling you have given me"—he said, "Never mind, mistress, I have plenty more money"—he took from his pocket 4d. or 5d. in halfpence, a sixpence, and two more bad shillings—he held them out to me—I took one of the shillings out of his hand and found that was bad—I said to him, "This is bad also;" and I said, I would give him in charge if there was a policeman near—he wanted the shilling out of my hand, and it fell on the floor—he picked it up and went out of the shop—in half an hour afterwards I saw him pass my shop, and he went into a barber's shop—I had before given information to a policeman, and marked the shilling and given it to him—shortly afterwards Millerman brought the prisoner to my shop—I asked him where he got the bad shilling—he said he did not know—I said, "If you are a working man, and have taken it for your work, I won't give you in charge"—he then said, "I made it"—he was given in charge—I saw him strike Millerman one blow with his fist on the head.
and the prisoner together, and the prisoner had got hold of Millerman, and he struck him on the top of his head, and in his right eye, and blood was running from his nose and his right eye—I told the prisoner two or three times to let go—he took no notice—I struck him with my fist, and then he let go—he then kicked me across the leg—No. 130 came to assist me, and we took him to the station—in going he asked me what charge I had against him—I said, "Passing bad money"—he said, "You b—rs, you cannot hang me for it.
WILLIAM MILLERMAN (Policeman, B 95). On Sunday, 16th January, I received from Mrs. Mason this bad shilling—I went to a barber's shop and found the prisoner—I told him he had been passing bad money at Mrs. Mason's shop, and I should search him—he made no reply—I searched him very minutely; I found a sixpence and twopence on him—he went through the degrees of searching like an old thief, and held up his arms—I told him I would go to Mrs. Mason, and when we got from there he walked a little way, he then turned all on a sudden and gouged my eye out of its socket, and before that he tried to bite my nose—I seized him by the hair, and got him against the wall, or he would have bitten my nose off; and he bucked me in the thighs with his knees—he was eventually taken into custody—my eye has been very painful ever since.
Prisoner's Defence. I changed a crown-piece with a costermonger for some coke, which was the last money I had; and the money I had from him was the money I uttered—I did not try to make my escape; I did not know the money was bad—in going to the station my cap dropped off, I wanted to stoop to pick it up and he would not let me, but struck me, and seized me by the throat—the inspector knows that I went to the station without a cap—he knows that I get my living by hard work—he called me a smasher.
MILLERMAN. I did not call him so—I did not know he was one.
GUILTY .— Confined Six Months.
MR. ELLIS conducted the Prosecution.
FERRIS CARR (Policeman, B 206). On Sunday, 16th January, I had some bad money given me, and was in search of the prisoner—I saw him; he had hold of Millerman with his left hand, in Great Chapel-street, and they were struggling one with the other, and the prisoner's right thumb was under Millerman's eye, which was running with blood, and the eye was forcing from its place—I caught hold of the prisoner, and told him three different times to let go—he would not, and I struck him with my fist—he let go, and he instantly kicked me on the right leg—other assistance came, and we took him to the station.
Prisoner. Q. Did you not strike me twice? No; only once—Millerman had not got hold of your neck—he seemed regularly lost with you—my staff was never drawn—when at the office, a policeman said, "That is the man that gouged one of our men's eye out; "and the prisoner said, "Yes, I gouged his b—eye out, and would have done for him if it had not been for him," pointing to me; "he ought to have been done for long ago."
WILLIAM MILLERMAN (Policeman, B 95). On Sunday, 16th January, I received information, and found the prisoner in a barber's shop—I told him he was charged with passing bad money at Mrs. Mason's—I searched him and took him away—he went quietly to Mrs. Mason's—I was then going to
take him to the station, and he seized me by the neck with his left hand, and tried to gouge my eye out of its socket with his right thumb—he would have bit me; and he kicked me very violently, and bucked me with his knee—I got him against the wall, and kept him there—I cannot see now out of my right eye—my nose and my eye bled very much; I never had such a violent man in my life.
Prisoner Q. Did I not drop my cap? No; I saw no cap at all—I did not seize you by the throat and twist your handkerchief—if I had, you would not have done what you did—I don't know that I ever saw you in my life before.
Prisoner's Defence. The evidence of the officer is very wrong—I was very drunk—I was almost dead with his screwing his knuckles in my throat—Carr gave me two severe blows, and struck me with his staff—they threw me down several times, and no sooner was I down than I was kicked again.
GUILTY — Confined Six Months more.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of police—On the 21st January I went to the prisoner's house, No. 13, Denzell-street, Clare Market, with Mr. Bryant and other officers, about 8 o'clock in the evening—on entering I saw the prisoner in his shop, in his shirt sleeves, with his arms folded—it is a tobacconist's shop, and he sells a little stationery—when I went in, he unfolded his arms and placed his left hand on the counter—I lost sight of his right hand—I believe he put it under the counter—he stooped—I put my hand against his breast, and pushed him back against the back part of the shop—he put his right hand behind him, and placed his hand on this sword that was on the wall—he did not succeed in getting it down—I called to Mr. Bryant, saying if he did not seize him he would do some mischief—I got over the counter, and Mr. Bryant pulled him away—at that time this sword fell down between him and I, and he was then pulled from that part of the counter—I put my hand into a drawer-hole in the counter, and at the end of that there is a small hole which is sufficient to admit a person's hand, and in that hole, which is behind the drawer-hole, I found this bag, which contains five crowns, each wrapped up in separate papers; twelve half-crowns in one paper, and two florins in one piece of paper, and on the ledge of the drawer I found two florins, loose—Mr. Bryant and Serjeant Brannan took the prisoner into the back parlour—I said to the prisoner, "Jack, I have come to pay you another visit"—he said, "Yes, I wish you was dead, you old b—r"—I said, "I have been instructed to pay you a visit for dealing in counterfeit coin"—he said, "I know nothing about it"—I said, "This is strong symptoms of it"—he said he knew nothing about it.
Cross-examined by MR. DOYLE. Q. Why, he would never have used this sword in an offensive way? A. I believe he would if he had not been prevented—there were seven of us—I did not strike him on the breast; I pushed him—it is a small shop; I could reach from the front of the counter to the shelves at the back—he stooped down under the counter, and according to my judgment he was putting this bag in the hole—I should say so from the action of his shoulder—there is no drawer there—the hole where this bag was, is at the back of where the drawer would go—I was very quick in pushing
him back, but I believe he had time to put his hand under the counter, and place this bag—I seized him instantly, but I believe he saw me enter.
BENJAMIN BRYANT (Police Inspector.) I went on 21st January with Mr. Brannan to the prisoner's house—he was standing with his arms folded—as I entered I saw him put his left hand on the counter, and his right hand underneath—I was getting over the counter, and Mr. Brannan pushed him back, and called to me, "For God's sake make haste, he will do some mischief "—I saw him put his hand behind him, and he was trying to unhook this sword from a nail—I got over and seized him—he resisted violently—with the assistance of Sergeant Brannan I took him in the parlour—I found in his right-hand pocket a counterfeit florin, a halfpenny, and a key—I said to him, "You have got counterfeit coin in your pocket"—he said, "I know nothing about it"—I left him in custody of other officers, and I returned to the shop, and found a packet containing twenty florins on the floor of the shop near the parlour door—that was the way in which we had taken him into the parlour—they were not wrapped separate, but were in one packet—I showed them to the prisoner, and he said, "I know nothing about them; you will find nothing in my place except what you put there"—the florin I found in his pocket, and the twenty which I picked up appear to me to be from the same mould.
Cross-examined. Q. Where did you find these? A. On the floor—that is an odd place to keep them—if they had dropped from the prisoner I might not have heard them in the scuffle—there was a man in the shop when we went in—he was let go—he was not near the part where these florins were—the prisoner made a serious resistance at first till we got him into the parlour—he did not strike a blow.
MR. ROBINSON. Q. What became of the man? A. We searched him, and took his address, which we found was correct—he said he came to buy a quarter of an ounce of tobacco, and he had the tobacco in his hand—he is a porter.
JAMES BRANNAN (Police-sergeant, G 21). I entered the prisoner's shop—he made a resistance—I said, "Now, Jack, be quiet"—I put my hand in his left-hand pocket, and found some good money—he said, "That is all right; you fancy you have got me to rights this time, but you will find yourselves mistaken"—I searched the shop, and found these five counterfeit florins on the floor near the parlour-door behind the counter.
Cross-examined. Q. Why, it seems the whole floor was covered with coins? A. No, it was not—these florins were close by the packet—I dare say the prisoner tried to get to a side door which there is there to make his escape.
ARTHUR ELLIOTT (Policeman, G 104). I assisted in searching the shop, and on a shelf in a cigar-box I found two packets, one containing four counterfeit florins and the other seven—they were not wrapped up separate, but were together.
JOHN COOK (Policeman, S 198). I assisted in searching the prisoner's house—I found twenty bad florins on a shelf just within the parlour-door—they were all wrapped in one bit of paper—the prisoner said, "If there is any counterfeit coin in the house, you brought it—I held up this packet, and said, "You cannot say I brought this"—he said, "It is a put up thing for me; I have expected it some months."
GUILTY .— Confined Two Years.
PLEADED GUILTY.—Recommended to mercy. — Confined Six Months.
THIRD COURT—Tuesday, February 1st, 1859.
PRESENT—Mr. Ald. LAWRENCE; Mr. Ald. MECHI; and MICHEL
PRENDERGAST, Esq. Q.C.
Before M. Prendergast, Esq. Q.C., and the Seventh Jury.
PLEADED GUILTY .— Confined One Month.
238. GEORGE BROWN (18) , Burglariously breaking and entering the dwelling-house of Jane Squire, and stealing therein 1 knife, her property; and 3 shawls, the property of Eliza Philpotts; also burglariously breaking and entering the dwelling-house of George Brumel, and stealing therein 1 dress, the property of Mary Keefe; to both of which he
PLEADED GUILTY .*— Confined Twelve Months.
MR. GENT conducted the Prosecution.
ROBERT GREEN . I am a cabinet-maker of 12, Parry-street, Lambeth—on Saturday morning, 25th December, between 12 and 1 o'clock, I was in Parliament-street going home—a female came up and asked me to accompany her, which I declined—she asked me if I would treat her to a glass of drink—I said, "No"—she said, "If you will go into King-street over the way, you can get some coffee there or anything else you like to drink"—I said "No; I am not going out of my way, I am going to Cannon-row and over Westminster-bridge, and I might get some coffee there"—she walked by my side, and just as I turned into Cannon-row, a person seized me violently by the throat from behind, pulled my neck back, thrust his knee into my back, and held me in that position, suffocating me for the time, while the female, who was in front of me, rifled my pockets—I am confident it was a man's grasp—I thrust my right hand into the female's mouth and held her bottom jaw as tightly as possible, and she cried out two or three times, "Take your hand out of my mouth"—the person behind me released my hand from her, and that enabled me to call out "Police" several times—I was thrown down, and the person knelt on my throat while the woman rifled my pockets—they tore my clothes—this (produced) is my waistcoat; it is torn all across from this pocket where my watch was, attached to this ribbon which I have on now—I had 5 half-sovereigns in a little bag, and 9s. in silver—that was left safe in my breeches pocket—there was a lamp three yards facing me—the policeman came up, and my watch fell from my pocket and hung by the guard, which it could not have done if my waistcoat had not been torn—I was holding my waistcoat at the time of the struggle—I am confident that the woman rifled my pockets, but cannot say whether the man assisted her—he
was kneeling on my throat at the time—when the policeman came up, they ran away, and I got up and saw my hat lying on the pavement and this cap (produced) by the side of it—I gave it to the policeman—it was not mine—the prisoner said when the charge was taken, that he had no cap, but a hat—there was no other means of this cap getting there besides its falling from the man who I had the struggle with—it was lying close to my head, as if I had knocked it off in the struggle with him before I fell—when I got up, I saw the prisoner in a policeman's custody—I had not seen the man run from me, and cannot say which way he went, as I was lying on my back at the corner of Cannon-row—I suffered very much from the violence to my throat for several days, and had mustard poultices applied to it, as it was so swollen that I could scarcely eat—I was told when I got up that the prisoner was taken, and I followed to Gardner's-lane station and saw the prisoner in custody—he had nothing on his head—I should say he is about the size of the man who was behind me—I could tell by his head as I was striking behind with my left hand, making use of my arm as well as I could, but not so as to leave any mark on him—I held the woman, but twenty or thirty people came round, and sympathised with her, saying, "What do you want with her?"—I said that she had been attempting to rob me—they said, "You have not lost anything"—I said "No"—they said, "The party who has been robbing you, is in custody"—I said "Yes"—they said, "Do not trouble any more, let her go," and under the excitement, I took their advice—I had seized her before I fell, held her while I was down, and when I got up I still had hold of her—she was rifling my pockets while I held her—when I let her go, she took to her heels as fast as possible, and I have never seen her since.
Prisoner. Did not the policeman stand behind you at Bow-street and tell you what you were to say? A. He stood behind me, but never said a word to me; you complained of the witness's door being open, and Mr. Jardine ordered it to be closed.
DANIEL JOHNSON (Policeman, A 89). On this night I was on duty in Cannon-row—about twenty minutes past 12 I heard a cry of "Police"—I went towards the spot as fast as I could, and saw the prisoner on top of the prosecutor in a corner—I was then about fourteen yards from them—as soon as the prisoner caught sight of me he ran away, but I never lost sight of him, and took him in Parliament-street—he had no hat or cap on—he resisted a little and said that he would not go with me; but I took him back to the spot, and the prosecutor, who was there, gave me this cap—there was a woman there when I first saw them lying on the pavement with the prosecutor, but I did not see her when I got back—the prosecutor was very excited, but was perfectly sober.
JOHN HILLS . I am a hay salesman, of Cannon Wharf, Cannon-row, Westminster—on Friday night, previous to Christmas-day, I went to bed at about half-past 12 o'clock, I cannot say to five minutes—just before I got into bed I heard some one call "Murder," "Police," and my wife, who was at the window, made more noise for me to get up than was made outside—the window was open—I looked out and saw the prisoner and a woman and the prosecutor lying down in a corner struggling very hard—I put my trousers and slippers on and rushed down into the street—the prisoner had run away, but in less than a minute the policeman brought him back—I ran after the woman, but my slipper came off, and I could not catch her—I have not the least doubt that the prisoner is the man—it was about three yards from one lamp and five from another—I saw him distinctly
when I looked out at the window, and knew him again when he was brought back—he had no hat or cap on either time.
Prisoner's Defence. I was coming down Parliament-street—I heard a woman screaming, and just as I got to the corner a man came past me, knocked me down, and ran away—he took my hat—I ran after him, and the policeman came and took me.
GUILTY .—He was further charged with having been before convicted.
JOHN LANGRIDGE (Policeman, L 130). I produce a certificate of the prisoner's former conviction (Read: "Newington Sessions, March, 1851; Thomas M'Dermott, convicted of stealing live pigeons. Confined Eight Months")—he also assaulted the prosecutor, who came to prevent his taking the pigeons.
GUILTY.**†— Ten Years' Penal Servitude.
MR. COOPER conducted the prosecution.
GEORGE TROTMAN (City Policeman, 39). On 23d December, about 20 minutes past 12, I was in Aldersgate-street—I received information, and went to Arnold's ink manufactory, 135, Aldersgate-street—I found two policemen there; Clark, one of them, handed me a screw-driver, a right-hand glove, and a broken candle—I searched the premises, and found the sky-light broken, as if some one had fallen through—about an hour afterwards I went to the station, and saw the prisoner there, and a woman, who has since been discharged—I had the glove and the other things in my hand, and Lyons said, "That is my glove, but the other things are not"—the inspector asked him what the glove was lined with—he made no answer, but Grieves said, "It is lined with red velvet or plush"—it is so lined.
WILLIAM CLARK (City Policeman, 237). On 23d December, about a quarter past 12, I received information about a skylight, went to the side door in Half Moon Passage, and saw the first floor window open—on being admitted by the housekeeper, I saw the skylight, and found underneath it on the floor a right-hand glove, a screw-driver, and a broken candle, which looks as if a knee had fallen on it (produced)—my notion is, that the persons had gone up the staircase of another house, and out at the window on to this skylight, the woodwork of which, being rotten, went in, and the men with it, as I guess—if they just put their feet on the skylight, they would go right through, and fall nine or ten feet, but I do not consider that they must have out themselves with the glass.
Cross-examined by MR. RIBTON. Q. Was the glass broken? A. The whole skylight; but there wore no marks of blood on the floor that I noticed—the next house is let out to lodgers, and the door being open, they could get in—it is not, I believe, open all night.
SAMUEL ATKINS (City Policeman, 217). On the night of 22nd December, between 10 and 11 o'clock, I saw Grieves at the bottom of Half Moon Passage, twenty or thirty yards from Messrs. Arnold's premises—he was alone—the Blakeney's Head is at the other end of the alley—ho was leaning on his walking stick by the Blakeney's Head, with his back towards the passage, and his face towards Bartholomew-close—I saw him standing in that way for three or four minutes—he does not live in that neighbourhood—I am the police-man on the boat—I did not speak to him, or he to me.
policeman knocking at Mr. Harding's door—he is the foreman at the ink factory, and lives at that house—I came down, opened the street-door, and saw a man and woman close to my door—the factory is on the right-hand side, and my house is on the left—there was a gas light burning in the passage, and I could see them well—in consequence of what I stated to the police, I was taken to Newgate yesterday, and was shown several prisoners together, and picked out Grieves as the person I had seen that night—he was about two yards from the factory, only across the passage, it might be a little more.
Cross-examined. Q. Is it close to Aldersgate-street? A. Yes. I did not go before the Magistrate—this was at 20 minutes past 12—I was on the second floor, and looked out at the window, but did not notice anybody till I came down to the door, and then I saw the man and woman—they were standing in a quiet sort of way, talking and looking on the same as I was, and to the best of my belief Grieves is the man—I did not know the woman—I was told that I was to point out the man at Newgate—I had not talked to the policeman about what sort of a man he was—I have been laid up ever since, and did not see him till the policeman fetched me yesterday.
THOMAS GEORGE GISBY (City Policeman, 245). On 23d December, about half-past one o'clock, I went with Mead to the Angel public-house, Farringdon-street, and on entering I saw the prisoners in front of the bar—that is about ten minutes' walk from the prosecutor's, but quite in a different neighbourhood—I told them the charge, and took them to the station—Grieves was asked his address in my presence, and he said he had got no fixed residence, he slept at different coffee-shops—Lyons gave me no address.
Cross-examined. Q. Was the woman taken in custody and discharged? A. Yes, it was on another charge that I took the prisoners.
FRANCIS MEAD (City Policeman, 216). I also took the prisoners—I searched Lyons and found on him 5s. 4 1/2 d. and this glove (A left-hand glove, which matched the other)—his hands were very dirty and black, and his trousers too; it was a Kind of black as if he had been on the housetops, his hands were very black as if they had been in ink—I saw no ink on his trousers, but I did on his hands—I saw nothing on Grieves' hands or trousers—Lyons had also a piece of rag on his forefinger which was dyed on the outside with ink—it was as if he had cut his finger—I did not state that before the Magistrate.
JOHN HARDING . I am warehouseman at Messrs. Arnold's writing-ink manufactory, 130, Aldersgate-street, and sleep on the premises—on Wednesday night, 22d December, I fastened no the premises about 10 o'clock—the windows and doors were all fastened, and I went to bed—I was awoke by the police knocking at the kitchen shutters between 12 and 1 o'clock—I found the framework of the skylight broken and all these things on the ground—the policeman searched, but there was no one to be found—we went to the other counting-house and discovered asash broken open where they had got out—they had made a previous attempt at a skylight over one of the ink coppers used for copying ink, which is very strong—I saw ink stains all over the skylight frame over that copper—the copper was covered over, and they would have to stand on the top of it to reach the skylight—they could touch the inside of the frame—the marks were inside and are there now—I think they had endeavoured to get out that way and could not, and then got out at the sash window of the counting-house, which would take them on to the same range of leads—the gate would
have been closed, but they could have run round and got out at some of the gates in Cloth Fair.
COURT. Q. There is a house as I understand which is let out in lodgings? A. Yes; it has got a staircase window—my skylight is within a footstep of that window—I think it not unlikely that in getting out at that window the man trod on the skylight which then fell in—it would not bear prizing.
WILLIAM CLARK (re-examined.) The frame is all decayed and was in a rotten state, tumbling to pieces—if a man put his foot on it down it would go—he would have to get out at the window and get three feet outside, it is two feet down—I do not believe he could get anywhere from that roof—it is covered, with tiles, not lead.
CHARLES WHITE . I am a printer, of 136, Aldersgate-street—the landing on my first floor is level with Messrs. Arnold's premises—on Wednesday night, 22d December, at a little after midnight, I heard a crack as if a pane of glass was broken—I went towards the window and saw a man's hand placed on one pane of glass—I went towards the window with a light and heard two smashes, one when they went through the skylight, and one when they went to the bottom—when the man's hand was on the window, he was not below—it is not above this width, and he must have stood sideways to have got there at all—I went to the second floor and heard somebody scrambling about on the glass underneath—his body must have been at the side, on a level with his hand.
JURY. Q. How many sides are there to the skylight? A. It lies on the roof, and is about the length of a man's body—I suppose my going to the window disturbed them, and they fell through it—the skylight is slanting from the gutter; one side of the gutter is the skylight—I think that in endeavouring to run from me he fell right through.
NOT GUILTY .
MR. MEW conducted the Prosecution.
WILLIAM MASHITER . I am a barrister, and live at Romford in Essex—on 22d January I was on a visit with my wife at Mr. Hudson's, 3, Upper Lansdowne-terrace, Notting-hill—I was disturbed about 2 or 3 o'clock in the morning, looked down the well staircase, and saw a light at the bottom, which appeared to come through a glass partition at the basement of the kitchen stairs—I immediately went down—the light continued till I went over the drawing-room passage, when a person could see anyone coming down, and as I got to the last stair, the light suddenly vanished—I then examined all the doors as I passed; the drawing-room door was fastened, and the door leading down to the passage also—I opened the green baize door of the room, and it was perfectly safe, but I heard a door slam in the kitchen, looked out at the hall-window, and saw the prisoner climbing up the area stairs and over the area gate into the path—I rushed out after him; he ran down the terrace, and directly he saw me he called out for assistance—I followed him about one hundred yards; he turned round preparing to strike me, and I knocked him down, held him, and called "Police"—three policemen came up, and I gave him in custody; he directly pretended to be tipsy—the constables went into the house, and left me to guard the gate and the hall—one of the ladies, Mrs. Maldon, said in the prisoner's presence,
"Walter, are you alone? is any one with you?"—he said, "I am by myself"—I had known him in Mr. Hudson's service upwards of four years—the door he was attempting to open used always to be kept locked in his time—I examined the hall door, which was fastened; the lock had been tried with some instrument, and the wood was burnt as if a candle had been held to it—three panes of glass had marks of a man's fingers, and one pane had had the putty cut by a knife like this, which was found in the area, and which had been used to snuff a candle—two panes in the kitchen window had been broken for a hand to undraw a bolt, and two panes at the bottom were broken—I saw some meat found in the kitchen, which had been cut off, and mustard and salt put on it—the piece of candle was found on the mat at the door—I also saw a quartern loaf, which had been recently cut—I saw the piece matched with it, and it corresponded.
Prisoner. Q. Are you quite sure it was me on the area steps? A. Positive; I saw another man in the road when I came back, when I was watching the area gate—he was not there when I ran after the prisoner—I am sure he was not the person who ran up the area steps—I knew the prisoner to be Mr. Hudson's servant—I saw his face by the gas when he was on the area steps.
WILLIAM LINSOOTT (Policeman, T 121). About 2 o'clock on Sunday morning, the 23d January, I was on duty on Lansdowne-terrace, heard cries of Police," and saw the prisoner in the custody of the last witness—I took him back to the house, and found a pane of glass broken in the back kitchen window, and an entry made there—this piece of candle was burning on the mat—I went with the inspector and matched this piece of bread to the loaf—the prisoner said in the passage, "Oh, I have got in many times before," meaning when he was a servant there.
EMMA COLEMAN . I am cook to Mr. Hudson—I went to bed on Saturday night at a quarter to 11, and fastened up the kitchen window—I afterwards saw that there had been a pane of glass taken out—I was aroused by Mrs. Maldon about 1 or 2 o'clock, went downstairs, and heard somebody leaving the area gate, and saw Mr. Mashiter follow the prisoner—the bread and the beef had been cut, and I saw a piece of candle lying on the mat by the door; it had been taken from a cupboard in the kitchen, and was a whole candle when I went to bed—I had looked and bolted the passage door the night before—some wine was taken from a full bottle which stood on a table in the passage when I went to bed—when the prisoner was brought back, Mrs. Maldon asked him if he was alone, and he said "Yes"—he did not say what he came there for.
COURT to MR. MASHITER. Q. Did you hear anything done to the door? A. No; but the lock on the hall side had been tried with a knife or some instrument—he failed in doing that, but had he taken out a pane of glass next to the lock, he could have put his hand through, and let himself into the hall—this was the inner hall-door, and across the hall is the room where Mr. Hudson's curiosities were, and he knew that Mr. Hudson kept his money there—I observed marks on the door of fingers feeling the putty, which had been cut with a short instrument a considerable way down, as if a man had been trying to take the glass out—Mr. Hudson is a very aged, infirm man.
Prisoner's Defence. I was not in the house, neither did I get over the area gate—there was a person in the house, who came out and asked me if I could see a policeman—I said that I had not seen one—I did not leave the turnpike gate till a quarter-past 1 on Sunday morning, and then this person came out, and I thought he was a policeman—he asked me if I should like anything to eat—I said "Yes," and he brought me out a piece of bread and
meat—directly I heard Mrs. Maldon's bell ringing I ran away—I was quite tipsy—I had been drinking all day long—I declare I had not been in the house for twelve months.
Recommended to mercy by the Jury.— Confined One Year.
OLD COURT. Wednesday, February 2d, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON WATSON; MR. JUSTICE BYLES; Sir JAMES DUKE, Bart. Ald.; Sir FRANCIS GRAHAM MOON, Bart. Ald.; and MICHAEL PRENDERGAST, Esq. Q.C.
Before Mr. Baron Watson and the Third Jury.
242. THOMAS WILLIAMS (48), and ROBERT FROST (22), were indicted for burglariously breaking and entering the dwelling-house of Charlotte Bowers, and stealing two decanter stands, value 20s., her property, and feloniously wounding Alfred Evershed, he being in the said dwelling-house.
MR. COOPER conducted the Prosecution.
CHARLOTTE BOWERS . I live at No. 6, Devonshire-terrace, Victoria-park-road—on the morning of 30th November last, I was awoke about half-past three by cries of "Murder" and "Stop thief"—I got up and looked out of my window, and saw the back of a police constable running out of the garden gate—I then went downstairs into the sitting-room, and there found the cheffoniere broken open, and the contents scattered all about the place—I missed two decanter stands—I then looked at the window of the stone passage, and found one of the iron bars that go across it broken away—the window was quite safe the previous night at half-past eleven—about four o'clock I saw the police-constable Evershed—he came in—he was dripping with blood, from a wound in the head—he showed me these decanter stands (produced)—they are mine—they were safe the previous night.
Cross-examined by MR. RIBTON. Q. Who was in the house that night? A. My own family—the eldest is thirteen, and there was one maid-servant—she was not disturbed—she is not here.
ALFRED EVERSHED (Policeman, H 137). On 30th November last I was passing the house No. 6, Devonshire-terrace, about 3 o'clock, when I observed a light over the fanlight of the door—I watched it for about five minutes—I then went into No. 4 gate, the gates of 5 and 6 being fast—I went across the gardens towards No. 6 area-door; I tried it and found it was fast—I then turned my light down towards South Hackney Church, to see if a sergeant or constable were coming that way—I turned my light off and got on the wall, and turned on my light again—I then saw a glaring light coming through the staircase window, and saw the prisoner Williams coming downstairs with a lighted candle in his hand—he was dressed in a suit of black—I took him to be the master of the house—I jumped off the wall and went round to the back, and there saw the little window open sufficient to admit a good-sized lad through—I then went to the back-door and found it ajar—I pushed it open, went in, and saw Williams on the last step but two, standing, with a lighted candle in his hand, looking at me—I took hold of his scarf and threw him down in the passage; and then he took hold of me and the candle went out—I then got to the kitchen-door, turned
my light into the kitchen, and there saw Frost standing with a lighted candle, and the plate on the table—he was dressed as a midshipman—he made a rush at me, and I knocked him down with my lamp—he got up, and rushed at me a second time, and I knocked him down again—I called out "Thieves"—Frost then got up and tried to jump between Williams and me, and he passed under my arm as I was still holding Williams—Frost got to the kitchen door and tried to unlock it—I and Williams then got to the door, and I knocked Frost down again with my lamp—he then got the door open, and then pulled at Williams to get him away from me; in the struggle we got to the area steps, and then I upset them both on the area steps—Frost then got up and pulled at my belt, which gave way and let him down behind me—he kept pulling away at my coat, as I thought, to get my truncheon out—he then hit me a violent blow across the hand, and knocked the skin off this knuckle—I was struck repeatedly on my hat, and it was broken all to pieces—the instrument with which I was hit seemed about twelve inches long; I think it was a crowbar or a jemmy—then Frost beat my hat off my head, and the blows fell on my naked head, from which I am now suffering—I received four severe blows on the naked head, inflicted with the same instrument—the stars were shining—I struck Williams, and Frost got up and made his escape as I was striking Williams—Williams kicked me in the chest very much, and his scarf gave way, and his dress came undone, and it let me down to the bottom of the area when he was three parts of the way up—I followed him—as I was following him he dropped these two decanter stands and his hat—I got up to him, and caught hold of him just as he was getting over a fence, but could not get sufficient hold to stop him—I sprung my rattle and hallooed "Thieves," and "Murder," as loud as I could—I stopped at the fence till the sergeant came up—by his assistance I was able to get to Mrs. Bowers' house—I was bleeding profusely from the head—I gave Mrs. Bowers the decanter stands, and she identified them as her property—I then went to the station and gave a description of the two men—I am quite positive the prisoners are the men—Mrs. Bowers' house is in the parish of South Hackney.
Cross-examined. Q. None of the inmates of the house were disturbed? A. Not till they heard me call out—they did not come down till I came back—these men were shown to me on the Saturday night afterwards, at my own house—there was a third man brought with them, whom I did not identify—I was in bed when they were brought in—I did not see a third man on the premises—they came to my house about a quarter or twenty minutes to 1 on Saturday night—the 3 men were shown to me together—I am sure of that—I had not been informed beforehand that they were coming for that purpose—I was in bed, down stairs—two or three constables came into the room with the three men—they asked me whether I could swear to the men, and I picked out Williams and Frost without hesitation—I believe the inspector spoke to me first—they stood up at the side of the wall—they were dressed as they are now—they did not wear the same dresses as they did in the house—I had not seen them before that night—when I saw them in the house Williams was dressed in a suit of black, and Frost was dressed as a midshipman—he wore a blue jacket, a dark pair of trowsers, a dark waistcoat, and a cap with a yellow band round it—I cannot say whether he had brass buttons down his waistcoat—they were shown to me again, it might be three weeks after, at the same place, to take my evidence—the magistrate attended on that occasion—Frost and Williams were not shown to me alone on the first occasion—the third man was a little taller than
Frost—I was examined more than once—the prisoners came alone, with out the third man, on the second occasion.
GEORGE HUSSEY (Policeman, N 307). On the 25th November, I was in Well-street, Hackney, about half-past 7 in the evening—I saw the prisoner Frost there, dressed as a midshipman, in a pea-jacket with a double row of buttons, black or blue cloth waistcoat with brass buttons, dark trowsers, and a cap with a gold or yellow band, I cannot say which—I thought at first I knew him—I am sure he is the man.
Cross-examined. Q. Did you speak to him? A. I did not—I was about a yard-and-a-half from him—I passed him twice—I heard of this burglary—I did not see the last witness after that till he gave his evidence at the police-court—I had heard before that he had described one of them to have been dressed as a midshipman, and that he had identified Frost as being the man—I knew it before I gave my evidence—When Frost was shown to me I identified him before one of the sergeants—it was after the other man had given his evidence that I mentioned about seeing Frost on 25th November—it is not a place that sailors frequent—I took him to be a friend of mine, that was the reason I took notice of him.
THOMAS EVANS (Police-sergeant, N 22). From information I received I went to the Holywell public-house in Shoreditch, on Saturday, 4th December, about ten in the evening, with Clark, and other officers—I found the two prisoners and another man drinking together—we took them out, and charged them with breaking into a house at Hackney, and assaulting a police constable—Frost said he was in the country—the other man made no reply—they were all three taken into custody—I took them to Evershed's house, and they were all three placed before him—he knew nothing of the third man—I afterwards took them to the station—the charge was taken down and read—Frost then said, pointing to the third man, "that's the man that done it, and I'm going to do it for him."
Cross-examined. Q. In what room of the house was Evershed? A. In the back parlour—it is a small room—I had not given him any previous intimation that we were coming there—I don't know that he received it from any quarter—there was the inspector, I, Clark, and Short, another constable, and the three men—we went in a cab; we drove up to the door—I don't recollect who opened the door—as soon as the door was opened I walked into the room at once—a light was procured, and all the men were taken into the room—I dare say some notice was given to him that the constables had arrived with the men in custody, but I do not know it—he is a married man—I saw his wife—there were five of us went into the room together, three prisoners and two constables in plain clothes—all the police were in plain clothes—Evershed did not know the policemen—I had never seen him before, nor had the other man who was with me—the other policeman is as tall as I am—I could not say who spoke to Evershed first when we went in—I think it was the inspector—the three prisoners were placed in a row at the side of the wall, opposite the bed—I don't know whether Evershed was disturbed from his sleep—he seemed to be awake—there was a candle there, I don't know whether there was one or two—after he had identified the men we left.
JAMES BELLOWS (Police-sergeant N 6). About 4 o'clock on the morning of 30th November, I met the prisoner Frost in Hackney, he was coming from the direction of Victoria Park, or a little beyond, a little further up towards South Hackney, about a quarter of a mile from the prosecutrix's house, and coming from that direction—he was going towards the Cat and Mutton, London Fields—he was walking fast.
COURT. Q. Did you observe his dress? A. He was dressed in dark.
WILLIAM HENRY WRIGHT . I am a surgeon, at Clapton-square—on the morning, 30th November, I examined Evershed at the Hackney Police-station, he was in a state of considerable exhaustion from loss of blood and the injuries he had received—I examined his scalp—he had four severe contused and lacerated wounds, which had been bleeding very freely, they extended to the bone, varying in length from an inch and a half to three inches—a blunt instrument like a crowbar or jemmy would be, just the sort of thing likely to produce such wounds—I have attended him up to the present time—the sight of one eye was impaired at one time, but it is getting better—he is decidedly improving, but still very weak—at times suffering a good deal still from the general shock to the system.
The prisoners were further charged with having been before convicted.
WILLIAM FINCH (Policeman, G 117). I produce a certificate. (Read: "Central Criminal Court, June, 1856.— George Walker, convicted of burglary after a previous conviction. Confined Eighteen Months.") Williams is the person.
GUILTY.— Death Recorded.
The COURT ordered a reward of 20l. to be paid to the constable Evershed.
Before Mr. Justice Byles.
MR. COOPER conducted the Prosecution.
CHRISTOPHER LAMBOURN . I live at 26, Hartland-road, Camden Town—I am a porter out of employ—on Thursday night, 9th December, about 20 minutes past 7, I was waiting for a friend near Mr. King's door, 4, Sambrook-court, Basinghall-street—whilst waiting there I heard a creaking noise up in Mr. King's warehouse, on the first floor, and I saw a glimmering light at the same time—I stood for perhaps ten minutes to listen, at the same time my friend came out of the Sambrook hotel—I heard some foot-steps in the warehouse—I then went for the police—I could not find one just then and came back—they were then on the stair-case—I saw a light on the stairs, and they were wrenching out the partition to get into the next warehouse—I tried the padlock outside, that was all right—two policemen at last came, and after waiting in the court about ten minutes or a quarter of an hour, the two prisoners came on the parapet of a building next to Mr. King's, and said, to save the police any more trouble they would come down and give themselves up—Rogers came down first, he slipped down the spout, and Gibson came down in the same way.
Cross-examined by MR. SLEIGH. Q. Were they taken into custody then and there? A. Yes, they said they had been up there looking after the thieves—I had not given any alarm before I went for the police—I left my friend there while I went for the police—there were no persons collected when I returned with the police—we did not go into the premises—we waited outside until the prisoners came down.
THOMAS HARBISON (City Policeman, 169). I went to Sambrook-court, and placed officers about the premises—after waiting some time the two prisoners came on to the roof of a low building and said, "All right, we will
save you any further trouble, we will come down"—they said they had only been there for a bit of a lark—they come down by the spout—I took them into custody—I afterwards went on the premises and found a dark lantern, the candle of which was still smoking—and some implements which I produce—in the counting-house a desk was broken open, and an attempt had been made to break through the flooring.
MR. SLEIGH here stated that he could not struggle with the case, the prisoners accordingly stated that they were guilty, and the Jury found a verdict of
The prisoners were further charged with having been before convicted. Rogers by the name of Henry Scully, in June, 1854, at the Middlesex Sessions, of house-breaking, and sentenced to Four Years' Penal Servitude, and Gibson, at Birmingham, in March, 1852, of horse-stealing, sentenced to Ten Years' Transportation, to which also they both
PLEADED GUILTY.— Six Years' Penal Servitude.
There was another indictment against Gibson for a burglary in 1856.
Before Mr. Baron Watson.
MESSRS. CLERK and ORRIDGE conducted the Prosecution and MR. SLEIGH the Defence.
NOT GUILTY .
Before Mr. Justice Byles.
MR. COOPER conducted the Prosecutor, and MR. SLEIGH the Defence.
NOT GUILTY .
Before Mr. Baron Watson.
MR. SLEIGH conducted the Prosecution, and MR. ORRIDGE the Defence.
GUILTY Recommended to mercy by the Jury. .— Confined Fifteen Month
Before Mr. Justice Bytes.
MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
NEW COURT.—Wednesday, February 2nd, 1859.
PRESENT—Mr. RECORDER; and Mr. Ald. ALLEN.
before, Mr. Recorder, and the Sixth Jury.
Messrs. GIFFARD and POLAND conducted the Prosecution.
GEORGE GRIMMETT . I am a Christian visitor, and live in Willens-row, Kentish Town. In 1856 my wife was unfortunately deranged, and she was conveyed to St. Pancras Workhouse—Mr. Ford ordered me to pay 4s. a-week for her maintenance to Mr. Birchmore—she went there on 3rd December, 1856—the first payment was due on 10th December—I paid that to the prisoner, and he put his initials to the sum in this book (producing it.)—I paid 4s. on the 10th, 4s. on the 17th, 4s. on the 24th, 4s. on the 31st, and 4s. on the 7th of January; and on the 14th my wife was removed to the hospital—I paid the money to the prisoner in the lower office, under the hall—the entries are in this book.
Cross-examined by Mr. METCALFE. Q. Are you quite sure you paid on those days? A. Yes; and the book was receipted at the time—on those six occasions I paid separately 4s.—it was not paid in a lump—it was paid by weekly instalments—after my wife had been twelve months in Buckingham Hospital I paid it otherwise.
WILLIAM HENRY WYATT . I am a Director of the poor of the parish of St. Pancras, and one of the audit committee—the prisoner was relieving overseer of St. Pancras—there was a written appointment in 1857—I have not got it—he has told me he received money on behalf of the parish—he paid money from week to week—the money he had collected—I did not see him pay it, but I saw the book in which he professed to enter the money he received and paid—this is the book—I cannot say of my own knowledge whether Mr. Copar had acted before the prisoner did—the prisoner's course of business was to enter the monies he received during the week, to pay over the money to Mr. Hibbard, the clerk of the directors, handing the book in; and that book was handed in to the audit committee on the following Friday—we examined it—I was not present when the money was paid over—I know what was the practice—I never heard from the prisoner that he paid over any money that was not entered in the book—I cannot tell at all from anything the prisoner said, whether any sums were paid in by the prisoner without their being entered in the book—when these particular sums of money received from Griffith were called to his attention, he did not then say that he had paid these sums—he acknowledged he was a defaulter—on the 15th of October the audit committee made a certain report relative to Mr. Birchmore, and on the 16th of October he called on me at my private house, and told me that the half-year's dividend of some Consols which he had received in April had not been entered, and I then, not having a suspicion that he was a defaulter in any other amount, told him he had better go and receive the other half-year's dividend, and pay the two half-years' in together—he then asked me if I thought the audit committee would qualify or alter their report—I told him I could not say, but I would summon them for the following Monday, and give him the benefit of making any statement that he might think proper to make—the committee met in consequence, on the 18th, the following Monday, and the prisoner came before them and made a statement relative to the half-year's dividend—he was then asked if he was deficient in any other sums—he replied, there might be one or two trifling amounts, but if he were allowed till the following Friday he should be prepared to give an exact statement—the special committee was appointed by the board to meet on the Friday, according to that request—on that Friday morning, the 22nd, he again called at my house, and said he wished to make a communication to me—I told him I would rather not hear it; I would much rather he should leave it until the committee met—he begged me to hear
him, and gave as a reason for so doing, that he would much rather communicate the case to me than it should be left to one of the directors who, he said, prosecuted him to find it out—he then said he was a defaulter to about 100l., but that his surety was good—he then asked me if I thought the directors would consent to his liquidating it by retaining half his salary—I told him most certainly they would not do that, and the least punishment he could expect would be dismissal—he then said he hoped they would not prosecute him—I told him that, personally, I had no wish to do so; but it was impossible for me to tell what the board would do—that was about ten o'clock in the morning—the committee met at two o'clock, and he attended the committee, but I should say that I advised him to make what amends he could by telling the truth—he attended the committee in the afternoon; I don't remember that he attended with his receipt book—a paper was produced, which I have in my hand, showing all the accounts—Griffith's account was called to his attention, and he was asked if he had received it.
Cross-examined. Q. But you told him to make what amends he could by telling the truth? A. Yes; and I told him just before that I could not tell whether the parish would prosecute him or not.
MR. METCALFE objected to this evidence after the observation of one of the body of directors. The RECORDER, having consulted the learned Judges, said he must admit the evidence.
MR. GIFFARD. Q. Is this the original paper that was produced? A. Yes; and every name was read over to him—when we came to Griffith's name, he said he had received 1l. from him that he had not accounted for—after we had gone through all the accounts, he repeated the request which he had made to me in the morning, that he might liquidate the debt by our retaining half his salary—we told him that we could not listen to that, and that we should report the case to the board on their following meeting on the Tuesday—he then said he should attend the board on that day—he as told if he did so it must be by his own free will and at his own risk—he did not attend the board but absconded—after that instructions were given to arrest him if he could be found—I think I next saw him about the second week in January—the first conversation I had was on the 16th—I sent the receipt-book down to him by Adams on the 15th, and when I saw him on the 16th, he said that when the book was sent down to him he did not understand it applied to the dividend, he thought it applied to the other accounts.
Cross-examined. Q. You are one of the directors? A. Yes; I have been so since 1856—previous to that I had nothing to do with the parish—the prisoner was relieving officer and nominal overseer—as relieving officer I am not aware that any charge was made against him—these are monies received by him as servant to the directors—in 1857 there was an appointment made—he was appointed by the Magistrate, no doubt—I can't tell whether there was an appointment in 1856—he is elected every year by the directors on their first meeting after Easter—the vestry appoint the relieving officer—the auditors were appointed in June, 1858—we disputed the authority of the Poor Law Board, and have had some trouble with our officers—some have absconded—the clerk of the works was taken in custody: not by my authority—I don't know whether one director charged another with stealing a handful of oatmeal—it was thought not a proper thing for him to do—the directors dining together at the expense of the parish was abolished in 1856—the prisoner was to pay over the money he received from Griffith—he
was only nominal overseer—I always understood that he filled exactly the same office as Copar did—I have looked over this book—here is 8s. received on the 6th of December; I don't know what that means—all the money put in here was received—I was one of the persons to whom this book was in the habit of being submitted—five men chosen by the rate-payers generally were the auditors—this book was passed by the audit committee—the prisoner said he was a defaulter to the amount of 100l., and the amount he admitted was 174l. 4s. 9d.—150l. has been paid by the surety—the sums received for persons in the workhouse were to be paid to the prisoner, and he was to pay them to Mr. Hibbard—these sums are paid for persons in the workhouse, and in the asylum particularly for lunatics.
MR. GIFFARD. Q. Is this 174l. in fact all that he is deficient? A. No—I know that because I have gone through the items in the book—I have endeavoured to keep all the other officers to their duty, and put a stop to all irregularity in the parish.
HENR JOHN ADAMS . I am beadle of the parish of St. Pancras—I remember one day in October, when the audit committee was sitting, I received directions to take this book down to the relieving officer—I found the prisoner there—I produced to him the book—I asked him if he had anything further to enter in the book—he said, No"—on that I returned to the audit committee, leaving the book.
Cross-examined. Q. What was the prisoner doing? A. He was casting another book, what is called a check-book.
WILLIAM JAQUES I am accountant to the parish—I have been an officer of the parish twenty-one years—I have gone through the prisoner's receipt-book—I think I made out a list which was laid before the directors—I do not find that the prisoner has here accounted for 4s. received in the name of Griffith on 10th December, 1856, nor on 17th December, or 24th or 31st December, nor on 7th January, 1857—here is an entry of 8s. on 20th December, and the first entry of money received from Griffith after that entry of the 20th is in February, 4s., but here is no date here—he has accounted for those two sums, the 8s. and the 4s.—he has accounted for no other sums up to February—he has not accounted for 1l. 8s. received on 27th March, 1858—it is neither in March nor in May, but in April, 1858—here is 1l. 8s., and that is given as having been received in one sum—I saw the prisoner at the vestry house on 22d October—we had conversation relative to his accounts—he stated to me that he was back in his accounts, and asked me what I advised him to do—I told him the best plan would be to communicate to Mr. Wyatt, and I think I asked him about what he was deficient—he said somewhere about 100l.—I was there when Mr. Copar used to act; he held the same office as the prisoner does—on his death the book was handed to the prisoner and Mr. Copar's name erased.
Cross-examined. Q. Did Mr. Hibbard receive any portion of the money received for the maintenance of the persons in the workhouse? A. I am not aware that he did: not from the relatives of the persons—I don't know whether he received it personally—I don't know that he did frequently receive money—I have looked through this book; here is one sum received from a person of the name of Stutten—I presume that Hibbard received it for the prisoner—I heard the prisoner say that he had received that sum—there is 8s. entered in the prisoner's writing, and Hibbard's name is to it—I can only account for that by its having passed through Hibbard's hands, not that he would pay it to Birchmore, and he pay it back to Hibbard, but
when Hibbard had received the money, the prisoner would put it in this book, and it came through Hibbard's book—I can't tell what this means, whether Hibbard received the money or not—I think none of the auditors who were appointed at that time are here—I find the name of Hibbard to several other entries, and some other names—here is one sum of 2s., but I can't tell who received that—here is Griffith's 12s. on 11th of April, 1857, and here is a little word to that—that closed the account to that time, and here is 4s., 8s., and 12s., all between December and April—when the account was audited, the book was delivered to the clerk of the directors, Mr. Hibbard, on the Saturday with the money—Mr. Hibbard entered it into his book, which is called the rough abstract—the book was sent to me on the Monday, and I passed it with the account—the accounts were made up every Monday, but money did not pass every Monday—when the money was paid to Mr. Hibbard, it was entered in this book, and the book came to me, but if there was no money paid to Mr. Hibbard, the book did not come to me—when the book came to me it was my duty to pass the book to see that it was right, and put my initials to it—I did not receive the money—I then checked the book by Mr. Hibbard's rough abstract—the book was in my possession, and I produced it to the Audit Committee, which met on the Friday—I never inquired for what reason Mr. Hibbard's name is put to one name and to another and another—I presume it is because it was received by him—Mr. Hibbard made use of the money for the purposes of the parish, and the balance was in his hands—it does not appear that the prisoner had any balance to keep—I never was there when Mr. Hibbard was there and the balance was paid over—Mr. Hibbard never knew that the prisoner had a balance—I have asked the prisoner whether he had not kept a sort of private ledger of his own—I presume that what money is down to a month has come in in that month—I did not receive any money.
GEORGE GRIMMETT (re-examined.) Q. Just look at your account book, signed with the prisoner's initials, and give us all the sums you paid. A. On the 10th of December I paid 4s., on the 17th a like sum, on the 24th a like sum, on the 31st a like sum, on January 7th a like sum, and January 14th a like sum—my wife was removed to the hospital, where she remained twelve months, and came out incurable.
The RECORDER was of opinion that as two of the sums were accounted for, and in April 12s. more, the prisoner was entitled to an Acquittal.
NOT GUILTY .
MESSRS. GIFFARD and POLAND conducted the Prosecution.
JOSEPH HENRY CLARK . I am a relieving officer of the Parish of St. Pancras—on 12th December, 1857, I received 4l. from Mrs. Pyles—it was for maintaining her son in the workhouse—it was on or about the 12th of December that I received it—here is the book; here is entered 4l. from Mrs. Pyles—I handed it to the prisoner, and he signed it in the book—I put my initials to the sum in her book—here is her book—I put it down-it was up to the 30th of October—I gave that 4l. to the prisoner.
Cross-examined by MR. METCALFE. Q. What were the periodical sums? A. 5s. a-week—it ran on to 30th October—I don't know what the arrangement
was as to how it was to be paid—that was the amount then paid—they were weekly sums—I received it about 12th December—here is 5s. received every week; sixteen 5s., ending the 30th of October—I received 4l. at that time, and gave her credit for sixteen 5s.; here are the initials S. S. to it—they are the initials of Mr. Sadler, who is another officer of the parish—when the prisoner received this from me, he entered his initials in the book—I received these moneys in many instances—I have no recollection of receiving from Griffith—all these entries are not mine; I handed the book to another officer—here is one in the name of Grant, which is not mine; that is Mr. Sadler's—I think Mr. Sadler received it, and paid it to the prisoner—I kept this book—when Mr. Sadler received money, he would come to me and say, "I have received so much from Grant," and I would say, "You had better enter it in this boo"—I have no knowledge that Pyles ever paid to Sadler—I think Tiffin has had this book—I have no recollection that Neale had it—I don't see any that I can recollect as Neale's writing—he was relieving officer—he might receive sums—he has not paid the money to Mr. Hibbard—Warren has received sums of money, and I have paid it to the prisoner—when the prisoner was requested to go before the board, he came to me and said he wanted the memorandum-book that I had, which was this book—I said the book was mislaid—he had not the book—I could not find it at the moment—I kept it in my own drawer among some loose papers.
MR. GIFFARD. Q. Supposing Mr. Birchmore was not in when the persons came to pay the money and you were, would you receive it? and A. Yes, and if I were not in, Mr. Sadler or some one would receive it, and either through my hand or some other it would be handed to Mr. Birchmore—there are a variety of entries to which "T. B." are attached, they are the prisoner's writing—the heading of this book I should say is the prisoner's writing—here are a great number of sums with my initials to them besides the 4l.—those which I received have been paid over to the prisoner, and these initials "T. B." are his writing, that is an acknowledgment that he received it himself.
MR. METCALFE. Q. At the time these sums were paid to you were there a great number of persons waiting? A. In many instances there were—the prisoner's duties were very heavy—I never heard that it was a subject of complaint that he had to receive these moneys.
GEORGE GARDNER NEALE . I am an officer of St. Pancras—in April, 1858, I received from Mr. Kilham 4l. 10s.; I handed that sum to the prisoner, he gave me this receipt for it—it was on or about 27th April—the top part of this is the memorandum given to me to collect this 4l. 10s.; the bottom part is the prisoner's writing—I did not receive any other money.
Cross-examined. Q. This was received from the Goldsmiths' Company? A. I have been told so—I received it from Kilham—I know that 2l. was to be paid back for a debt owing by the paupers to Kilham, and 10s. was to be paid by Mr. Hibbard to the paupers—there was no other sum to be paid as part and parcel of this money, but at a subsequent time there was 1l. to be paid on another transaction—I do not receive money from persons for their relatives, except in one or two isolated cases when Mr. Birchmore has been absent and money has been presented at the office, I have received it and handed it over to him—he had a good many duties to attend to—I am not aware what his duties were—I should say he had about 150 cases to attend to, but on casual relief days there may be about 1,000 cases
MR. GIFFARD. Q. This 4l. 10s. was received to be paid to the directors? A. Yes, I paid it to Mr. Birchmore. he was to pay it to the directors—Mr.
Birchmore encouraged me to promise Mr. Kilham 2l. on condition of his getting this 4l. 10s. from the Goldsmiths' Company.
COURT. Q. When you say he encouraged you to promise Mr. Kilham to receive 2l., was it out of this? A. There was some money due to Mr. Kilham, and I promised to get his debt out of it.
FANNY FOWLER . I am a marine-store dealer, and lire in Ossulston-street, Somers-town—I have to pay 5s. a week for a person in St. Pancras work-house—I paid that to Mr. Birchmore, the prisoner—he used to call on me for the money whenever it suited him, in a month, or six weeks, or nine weeks—nine weeks was the longest time—I kept a book in which the money was entered—when he called he used to enter it by the week, let the sum be what it would—when I paid him he put his initials to the book for the different weeks—this first book begins January, 1851, and goes down to March, 1857—there was then a new book—this ends August 24th, 1858—I find the prisoner's initials to all the money in this, new book received by Mr. Birchmore—I remember paying him 1l. 12s. in one sum, it was for eight weeks—it was paid on 27th April—I have a reason for remembering that
Cross-examined. Q. When you paid the 1l. 12s., was it entered in this book or the other? A. It is in the red book—it was paid on the 27th of April, 1858—I paid 5s. a week at first, and afterwards it was 4s. a week.
MR. GIFFARD. Q. Was there any written appointment defining his duties? A. There is an appointment, and I believe there is a printed document, defining his duties, and there are minutes in the book.
Cross-examined. Q. Was a copy given to him at the time of the appointment? A. He had a copy, I know—I saw it produced in the police-court—I saw a copy of his appointment—I can't say whether he had a copy of the printed regulations.
MR. GIFFARD. Q. At the meeting on the 22d of October, did you know of any document to direct your attention to a person of the name of Pyles? A. No; the prisoner did not mention that he had received any sum whatever from a person of the name of Pyles—the name of Keeley was called to his attention—he said he had received 1l., and not accounted for it out of a sum of 9l.—all these names were called over to him, and he replied what amount ho had received—he said he had received 5l., and not accounted for it—he was told to write down the sums he had received—he said he had received 8l. of Keeling—there was 8l. due from Fowler, and he had received 5l.—I have not the least doubt that the 8l. and the 5l. were moneys he had not accounted for.
MR. MTCALFE. Q. The list was shown, and he was told he would be asked relative to each of these accounts? A. I asked him which of these amounts he had received—he said he would tell us if we asked each name—he was asked the names of the amounts which appeared to be due—he had no book at that time—he was standing close by me—he might have looked at the list if he liked—he did not bring any book of any kind—he was not asked to go over the books with an accountant—I read the names and he gave me then the particular sums.
Q. Supposing he was appointed relieving officer, he would only have been discharged by the Poor Law Board? A. That is not settled, I believe.
in the name of Pyles not as haying received anything—here is no mention of having received anything from a person of the name of Keeling—here is an entry of a sum received from Fanny Fowler—here is April, 1858, 1l. 8s. from Fowler—here is 1l. on the 9th of August; and on 24th September, 3l. 8s.—I have been through the book, and made out the balance—on the 22nd of October he referred to the individual ledger—I made that up—I made this book from the cash-book—I made up the cash-book—I made up the account to show how much he should have accounted for—the prisoner's receipt book was the ground-work of these—I posted the accounts from the ledger myself—I posted them correctly.
CREASY ROBINSON . I am a police-officer—I have searched for Mr. Cook, the vestry-clerk of St. Pancras—I have been to his former residence—I have looked everywhere in this country where I thought there was a chance of finding him—I have not found him.
Cross-examined. Q. Where is it you have been? did you go to his office? A. Yes—on the day I had the warrant, on the 9th of November—I went there again a short time afterwards—the last two months I have not been—I went to his house six or seven weeks ago—I don't know whether he was there yesterday—I have not been anywhere else within the last week—when I went to his office and his house, I did not hear anything of him—he had not left any address.
The Prisoner's appointment was here handed in, MR. WYATT stated it was in the writing of Mr. Cook, the Vestry-clerk It was dated the 7th April, 1857. Thomas Birchmore, of No 5, Southampton-street, was appointed Relieving Agent and Overseer, and bound in a bond of 150l. well and faithfully to execute the said office, so that no loss should be sustained by the parish, and that he should pay over all moneys by him received to the Directors for the time being
JOHN KISSICK . I am superintendent of St. Pancras Cemetery—I was a director of the poor—I remember a meeting that was held on 11th January, 1853—it was the usual weekly meeting—the minutes of the proceedings of that meeting were entered in the book—the prisoner was called in, and the minute was read to him—the minute is, that he be censured for not keeping his books with greater regularity, and ordered in future to make up his cash-book weekly, and lay it before the audit committee—that was the amendment to the resolution—the original motion was, that he should be dismissed, and then this was passed, and made the resolution.
Cross-examined. Q. Was Mr. Gooden present? A. No, he was not—I know that the prisoner brought an action against one of the directors, and recovered damages—I think that was while this resolution was pending—I am not aware that I have ever been censured by the board—there never was any fault found with me by the directors—there might have been by the officers—there never was anything said about my altering the minutes—I had nothing to do with the minutes, they belong to the vestry-clerk—they did not find fault with me for anything that I am aware of—I never knew till the present moment that they did find fault with me—I mean to say that no charge was made against me for altering the minutes; certainly not; no censure was passed on me by the directors, and I did not go there and alter that minute—nothing of the kind ever occurred, I swear it—I mean to say that no such charge was made against me—I was one of the directors—they could not pass a vote of censure against me—this book was not under my control, it was under the control of the vestry-clerk—I could not alter a letter in it—the directors never found fault with me that I know of—I swear they did not.
MR. GIFFARD. Q. Is there the least pretence for that charge? A. Not the least.
WILLIAM UPFOLD (Police-serjeant, E 19). On the 29th December, I took the prisoner in custody at 7, Silver-street, Burton-crescent, about twenty minutes before 12 o'clock at night—I told him I was a police-officer, and I wanted him on a charge of embezzling the property of the parish of St. Pancras—he said "Yes, I knew it would come to this; I am quite ready for it," or "prepared for it"—I searched him and found on him a passport from Hamburgh, and some other papers as well—the pass-port is for Mr. Thomas Ridley.
CREASY HAMILTON (re-examined). Q. Did you receive a warrant for the apprehension of the prisoner on the 5th November? A. Yes, I made search for him, but could not find him either at his own house, or anywhere else—I searched for him from that time till the 28th December.
MR. METCALFE to MR. JAQUES. Q. There is an entry of 1l. 8s. at the end of February or the beginning of March? A. Yes; in the paragraph subsequent to that, I see an entry to Fanny Fowler—there is no date to that—the amount is 1l. 8s.—on the 10th March here is 1l. 8s.—the next is in April, without a date 1l. 8s.—in July 1l.—on the 9th August 1l.—the next is 3l. 8s.—I have been looking through the book—I have only got from 1851 to 1855, that is as far as I have gone through the book—There are many entries, and they are always sums of which 4s. would be an aliquot part.
The receipts for the prisoner's salary were here produced; a portion of one of them was read by Mr. Giffard, as follows; "Received of the directors of the poor, 40l., one quarter's salary."
MR. METCALFE submitted that in the absence of the rules specifying the Prisoner's duties, the Jury could arrive at no conclusion as to the purpose for which he was appointed—that he was to submit his accounts to the clerk of the guardians, and also to the Poor Law Board, and if he behaved improperly the Poor Law Board would be the parties to call him to account, and not the persons who appointed him; that whether he was relieving officer or nominal overseer, he was an independent officer, and was not accountable to any of the parties. The RECORDER considered that the real question was whether he had received the money by virtue of his appointment; and he should rest the case upon the acknowledgment which he gave of his salary, and the bond by which he was to pay over to the directors of the poor all the money he received.
Witnesses to character.
JEREMIAH KNIGHT . I am living on my property—I have known the prisoner fourteen years—he had the best of characters—he has been complimented by the parish and the magistrates for his behaviour—I have been present when he was so—not within the last three years.
Cross-examined by MR. GIFFARD. Q. Did you ever hold an office under Birchmore? A. Yes; I was relieving officer, and I resigned—I was not required to resign—before I resigned, something was said about my being called on for an explanation, and then I resigned—that is seven years ago—I never knew the prisoner by the name of Ridley.
MR. METCALFE. Q. Is there any pretence for saying that there was any charge made against you? A. No—I resigned in disgust at the conduct of the directors—there was some quarrel.
Other witnesses deposed to the Prisoner's good character.
GUILTY on the First and Last Counts.—Recommended to mercy by the Jury on account of the bad way in which the parish conducted their business, — Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
There was another indictment against the Prisoner, concerning which no evidence was offered.
THIRD COURT.—Wednesday, February 2d, 1859.
PRESENT—Mr. Ald. LAWRENCE;; Mr. Ald. MECHI; and Mr. COMMON
Before Mr. Common Serjeant, and the Eighth Jury.
PLEADED GUILTY .— Confined Twelve Months.
MR. THOMPSON conducted the Prosecution.
JANE ATKIN . I am single, and live with my brother at 2, Windsor-terrace, City-road, St. Luke's; it is his dwelling-house—on Tuesday night, 4th January, about ten o'clock, I was sitting up for him in the front parlour and heard the street-door opened with a latch-key—the parlour-door in which I was sitting was closed—I directly after heard the back-parlour door open, it creaks very much—I went into the passage and saw the street-door closed but not shut with the latch, merely put to—I rang the bell and the lodgers, who were in bed, came down, and the prisoner opened the door of my room and came out—I asked him what he wanted there, he said, "Nothing, it is all right, let me pass," and tried to pass; but I held him till the lodgers came down—they were not dressed, but they held him till I called a policeman and gave him in custody—the doors were shut half an hour before, and no one had gone out or come in.
Cross-examined by MR. RIBTON. Q. Were you alone in the lower parlour of the house? A. Yes; two families lodged there, one is a lady and gentleman—they keep a servant, but she is a very little girl and leaves at 10 o'clock—I was not drowsy or sleepy, I was writing—the prisoner told the policeman in the passage that some boys had been larking and had thrown his cap in—he did not appear to be confused—the back bedroom opens towards the stairs, it exactly fronts the staircase—no latchkey was found on the prisoner—the lodgers have not all latch-keys, some of them have; the girl who comes to work has not—nothing was moved in the bed-room.
ROBERT WENHAM (Policeman, N 256). I was called and took the prisoner—he said he had been larking with some young men in the City-road, and one them threw his cap into the bedroom; there were about one hundred people about—I searched him and found this key (produced), but it will not fit the door.
Cross-examined. Q. Is it a skeleton-key? A. No; but it appears as if
some of the wards have been filed out. The prisoner had a cap on when I came up.
NOT GUILTY .
ALFRED COURTMAN . I live with my father at 16, Plumb-row, Bethnal-green—on 12th January I put up the shutters at night all safe—I was awoke about half-past 3 o'clock by the shutters rattling—got up, looked out, and saw the prisoner walk across the road—I went to bed again, but was awakened at about quarter to 5 by the shutters falling, and saw the prisoner smashing at the window—I halloed to him, and he put his arm through, laid hold of a timepiece, and ran away towards Shore-ditch—I am sure it was he—there was a gas-light right opposite my window—there was a policeman at the window, and I described the prisoner to him—they brought him back about three minutes afterwards, and I identified him—he had nothing with him—he is the man—I heard the voices of three but could not see the other two.
Prisoner. It is false; I never put my arm through the window, I stood at the lamp-post.
ROBERT DOUGHTY (Policeman, H 87). I was on duty, and heard the smash of glass—I ran in the direction that it was, and saw the prisoner run away—there was no one with him—I asked him if he knew what was amiss back—he said "No"—I said—"Come with me and see"—I took him back, and Courtman identified him—he said that he knew nothing about it—he had been in a coffee-shop having some coffee—I took him to the station—I as about one hundred yards from the place when I heard the smash—I could not see the place—other persons could have run away in a different direction without my seeing them—the house is in the parish of St. Matthew, Bethnal-green.
Prisoner's Defence. I never had the time-piece—I was at the lamp-post when the other man took it.
GUILTY .— Confined Nine Months.
254. MICHAEL HARRAGAN (22), and WILLIAM BALLARD (40) , Burglariously breaking and entering the dwelling-house of George Priest, and stealing therein 2,600 yards of ribbon, 480 pairs of gloves, 4 shawls, and 7l. in money, his property; Second count, feloniously receiving the same. MESSRS. METCALFE and BARRY conducted the Prosecution.
GEORGE PRIEST . I am a draper of 88, Edgeware-road—on Monday, 10th January, I was in my shop at a quarter to 1 in the morning—I was the last person up (I had just returned home, having gone out at 10 o'clock)—I barred, bolted, and locked the door, saw the premises quite safe, and went to bed—in the morning at a quarter past 7 I gave the key to a young man named Russel to open the door—he afterwards came and said something—I got up, went down, and found the front of the skylight thrown right open, that is a pane of glass which opens and shuts on the roof—a person could get in that way—I saw a quantity of ribbon rollers on the floor, found that the shop had been ransacked, and missed about 2,600 yards of ribbon, 480 pairs of gloves, 4 shawls, and from my cash box 4l. in gold,
2l. in silver, and about 1l. in copper—the property I missed altogether was worth about 200l.—I have since received about three-quarters of it back—I gave information to the police.
Cross-examined by MR. RIBTON. Q. Did you get your money back? A. No.
Cross-examined by MR. HORY. Q. Were you at the station-house? A. Yes—the same day, and subsequently on Wednesday, 12th January—the prisoners were in custody with Harragan's younger brother—Ballard said in the dock to me, "Holloa, old fellow, I know you"—I said, "Know me; how?"—he said, "Why, you are the covey that went to the desk, and went to the cash-box, and took some money out of it; and after you had gone I helped myself to the remainder"—I always make an examination of the place before I go to bed.
HENRY OAKLEY . I am a cabman, of 20, Devonshire-street—on Tuesday, 11th January, I took up two men at the corner of Lisson-street, New-road, by the pump, about 20 minutes past 5 o'clock—I did not go into Lisson-street for them, I was in the New-road—that may be a hundred yards from the prosecutor's—they told me to drive to Holland-street, Blackfriars—in Guildford-street, at the corner of Kepple-street, I inquired the number, and one of them said, "Drive on till I tell you to stop"—they had two large bundles with them, out of one of which I saw a small piece of red ribbon sticking out—mine is a grey horse—I drove to the corner of Kepple-street and Guildford-street, Southwark.
Cross-examined by MR. RIBTON. Q. What fare did they pay you? A. 3s.; that was 1s. over my fare, but I did not apply for it—you cannot drive down Kepple-street, but they walked down there with their bundles—I do not know who they were—I do not recognise one in two hundred who come into my cab.
MARY ANN BURLEY . I live at 6, Great Kepple-street—I am the wife of Mr. Burley, an engineer—I know the prisoners, I have seen them go into No. 3, Kepple-street—my private door faces nearly to theirs, and I have seen them go in for several months—I have been in the house; and Ballard has opened the door to me very frequently—I saw Ballard on Tuesday, 11th January, at a few minutes after six o'clock—he had a bundle under his left arm—there was another man with him, who, as I did not see his face, I do not know—they went to 3, Kepple-street—I then looked out at the street door and saw the prisoner there—he turned round and saw me, and the old lady who lodged in the upper room looked out at the window—I went upstairs to my front window and saw a cab with a grey horse—Ballard had a dark long coat on—I am sure he is the man.
Cross-examined by MR. HORRY. Q. When were you asked to come to the police-court? A. The same morning—I had a summons brought me—I had heard of this robbery—I had been spoken to about it several times, a week or so before—I frequently saw Ballard go into his house between 11th January and the day I was before the Magistrate, which was the last examination—I have seen him go in at 6, 7, and 8 o'clock, and all times during the day—when I went to the house it was to visit an old lady who lodged there—she is no relation of theirs—that was some four months before—I have seen the hat business going on there—I have not seen Ballard working there, but he has opened the door to me—on the morning the robbery took place the detectives came, and I said, "You have got Harragan, but you have not got the right man."
Cross-examined by MR. RIBTON. Q. Do you know Harragan? A. Yes
I know that it is his house—he only has one room that he can let—I believe he works for Messrs. Cowley—the old lady left just after the robbery—she had asked me to look out for a place for her before the robbery—there are in the house three rooms and the back premises—I have seen Harragan's brother go in there—I do not know that he slept there—he is a youth—I do not know whether he was taken in custody—William Ballard introduced himself as William M'Donald, by going up to the old lady for her rent.
ROBERT DOBLE (Policeman, D 33). On Tuesday, 11th January, at half-past 8 in the morning, I went with two constables to 3, Kepple-street, knocked at the door, and it was opened by an old lady who lived in the house—I saw Harragan coming down stairs, and asked him if he lived there—he said, "I do; I am the landlord of the house"—I asked him in what room he lived—he said, "Up stairs on the first floor"—(there are no back rooms)—I asked him if he had any linen drapery in his room—he said, "No, I have not"—I said, "I am not satisfied with that; we shall have to search your place"—we searched, and I saw sergeant Bell find two bundles under the bed, consisting one of ribbon and the other of gloves, wrapped up in two shawls—I said, "You must consider yourself in my custody"—he said, "I knew the bundles were here, but I did not know what they contained"—there was a piece of carpet along the bed on the floor, which he kicked under the bed while Sergeant Bell was searching under the bed—I took him to the station, and policeman D 85 was left in the house.
Cross-examined by MR. RIBTON. Q. Are the bundles here? A. No; part of the goods are—we cannot tell whether they had been opened when they were taken from under the bed—they were tied by the corners of the shawls.
WILLIAM HOWSE (Policeman, D 85). On Wednesday, 12th January, I went with Doyle, and saw the parcels taken from under the bed—Serjeant Bell asked Harragan if he had any property there; he said "No" at first—Bell said, "Did two young men come here in a cab yesterday morning?"—he said, "No"—I then went down stairs to mind the door to see if anybody came in or went out—after I took him in custody he said, "Two young men came and took apartments here yesterday morning, they stated that they came from Birmingham; they brought two bundles, and I took them in"—he described them—I saw two men come in afterwards about a quarter-past ten, they were Ballard and Harragan's brother—young Harragan came in first, and Ballard about a minute afterwards—Ballard's father and mother were in the room when they came in—Ballard said to Harragan's father, "Mick is innocent"—no question had been asked, nor any statement made to Ballard when he came in—he then said, "I am the man that done the robbery"—I said, "Stop, do not you be too fast; do you know who I am?"—he said, "Yes, you are a policeman"—I said, "I must advise you to be careful what you say, for this is a serious matter"—he said, "I do not care, I am the man that done the robbery"—I said, "What robbery?"—he said "Edgeware-road, No. 88; do you know what the robbery contained?"—I said, "I do not know what you mean"—he said, "Some ribbon and some gloves"—I took him in custody.
Cross-examined by MR. HORRY. Q. Can you give us any reason why he should make that strange remark, "Mick is innocent"? A. No; nothing was said in his hearing, and nothing was done—Michael Harragan had been taken away in custody about an hour.
Q. Then it was the father and mother of John Harragan who were present? A. Yes; I am quite sure—I had made no observation about the
robbery—it was because I was in plain clothes that I said, "Stop, not so fast, do you know who I am?"—I did not wish him to be betrayed into a statement without knowing that I was a policeman—I did not hear Ballard say "Where is Mick?"—he did not use the word "Master."
Cross-examined by MR. RIBTON. Q. Did you find a bill in the room, "Lodgings to let"? A. No; there was one found three or four days afterwards, but not that day—I did not find it—I saw it on a table in the front parlour—it was, "A room to let"—I saw some hats there, and there were some blocks in the back yard—I do not know that Harragan was at work at Messrs. Cawleys, Union-street, Southwark—he did not tell me he worked there—I did not count the hats—I have not been drinking—I did not hear Harragan say that the two young men that took the lodging said that they expected a friend from the country—I know that the old lady was in the house at the time—I do not know that she was about to leave—I did not hear him say that he could not let them have the room for a few days, nor did I hear him say, "Never mind, that will do, we expect a friend from the country"—on my oath Harragan did not move towards the bed, and take the bundles from under the bed—Bell is outside—Harragan did not say in my presence that the two young men who took the apartments told him that there was a friend coming from Birmingham.
ROBERT BELL (Police-sergeant, P 39). I accompanied Howse and Doble to 3, Keppel-street—I saw Michael Harragan there, and said, "Have you anything in your possession consisting of silks or ribbons, or gloves, or anything in the linen-drapery way—he said, "No, I have not"—I told him that we had traced some bundles to his place, and we must search his house—I said, "Which room do you live in?"—he made no reply, but went up stairs, and I followed him into the first floor front room—I asked him again if he had got any silks or gloves that any men had brought in bundles; he said "No"—I told him that we should search his room; he was standing near his bedside scraping up a piece of carpet towards the side of the bed—I found two very large bundles under the bed, one containing 319 pairs of gloves, and the other 200 pieces of ribbon—he said that two men had taken lodgings at his house the day before, that they had not slept there that night, but they came early on Wednesday morning and brought these two bundles—I asked him who the men were; he said that he did not know, he had never seen them before—I told him to be very careful in what he said, as the property in his possession was the produce of a burglary in the Edgeware-road—he said that he did not know what the bundles contained—I said, "They are in a very loose position, you must know what is in them"—he said the men brought them into the house rather after six in the morning—he gave a description of the men, and how they were dressed—we took him to the Marylebone Station—Mr. Priest afterwards came, and Ballard said to him, "Halloa, old fellow, you are the covey that I saw in the shop last night, and you went to your desk and took some money out, and after you had done that and gone away I helped myself to the remainder"—this was on the Wednesday morning.
Cross-examined by MR. HORRY. Q. Are you sure he used the word "Covey?" did not he say "You are the 'man?'" A. He might have said "old man," but "Covey" was mentioned at the station to Mr. Priest—he said "Well, old Covey," as Mr. Priest entered the station, and then he said "man" afterwards.
Cross-examined by MR. RIBTON, Q. Was Howse present all this time? A. I will not be certain; he might have been near enough to hear all that.
was said—to the best of my belief they were all present—both the bundles were tied up in shawls.
CHARLES RUSSELL . I am assistant to Mr. Priest; he gave me the key about a quarter to 7 in the morning. I opened the shop-door, and saw that the skylight was thrown wide open, and the shop ladder was placed against the glass inside so that a person could get up—the blinds were pulled down, and a large quantity of ribbon rollers were lying on the ground, and the ribbon removed. I informed Mr. Priest.
Cross-examined by MR. HORRY. Q. Are you aware of any damage done to the doors? A. Not to the outer doors, but the locks of the desk and cash-box were broken, and also of the money till—the shop ladder was not put up to the skylight the night before—I do not know where it was—a person could get into the shop from the skylight—there is no fastening to the fanlight of it, and a person could get on to the roof by means of a scaffold, and then he could get on to the ladder—he could drop upon the large looking-glass which covers the end of the shop.
MR. HORRY called
ANN PERKINS . My husband is captain of a sailing barge—we live at Bankside—I know Ballard and his mother—I remember his being taken in custody—it was on the 12th—on the evening before that, Monday, he was with me at 8 o'clock, very tipsy—he had been so from the Friday before—he remained in the house till 8 on the next morning—I left him asleep in my husband's arm-chair between 9 and 10 o'clock on Monday evening, and found him there asleep when I came down next morning.
Cross-examined by MR. BARRY. Q. Are you sure it was 8 o'clock in the morning. A. Yes; because I had my two little boys' breakfast ready for them—I went to bed about 10, or it might be half-past—one boy comes in about 10, and the other between 9 and 10.
BALLARD— GUILTY of Burglary. — Four Years' Penal Servitude.
HARRAGAN— GUILTY of Receiving. —He was further charged with having been before convicted.
HENRY ROGERS (Policeman, A 443). I produce a certificate—(Read: "Michael Harragan, convicted on his own confession, April, 1857, of stealing a watch from the person. Confined Six Months")—I was present and had him in custody—Harragan is the person.
Cross-examined by MR. RIBTON. Q. Have you ever seen his brother? A. Yes; he is very like him—I do not know where his brother was in April, 1857.
GUILTY.— Four Years' Penal Servitude.
MR. ROBINSON conducted the Prosecution.
JOHN DAWSON . I am a private in the West York Rifle Militia, raised at Pontefract—on Wednesday, 19th January, about half-past 1 o'clock, I left Pontefract with Hacket, a deserter—I fetched him out of Hatfield Gaol the day before—this document (produced) was given to the corporal, and my instructions came from him—I went with Hacket by rail from Ponte-fract to Hull, and then by steam to London—I landed at Fresh Wharf on Friday, 21st, with Hacket and the corporal—Hacket was fastened to my wrist by a handcuff—he stood at Fresh Wharf, London Bridge, with two other men and four women, who appeared to have been waiting for him—they
halloed to him as soon as they saw him—we went to the Billet-office in Bermondsey and drew a billet—we went to the billet, and it was about 1 o'clock in the night then—the people got up, came down, and said they had no convenience then, but would give as a shilling each to get a lodging—the other people were then next door at a dram-shop—the deserter asked if we might go in there, and the corporal said we might for a few minutes—we did so, and had some refreshment—the prisoner was there, and said he would take us to a coffee-shop—we went across London Bridge with them—they wanted to take us to the left, instead of going over the bridge, but I would not—he said, "There is a coffee-shop, down here"—we went down the steps, and Hacket complained of his wrist being swollen, and asked if I would change hands; the corporal said that I might, and as soon as the handcuffs were off, one of the women pushed the corporal away, and Hacket struck me on the forehead and knocked me down—I jumped up, and the prisoner held me and prevented me from following, and Hacket got clean away up the steps—I kept hold of the prisoner—there were two men and a woman—as soon as they had given Hacket time to get away, the prisoner ran up the steps, and I followed him—he turned towards the bridge and ran up a street—there were then three of them—I followed him, shouting "Police," as loud as I could—he was caught, and I gave him in charge.
Prisoner. You were in the public-house from 12 till 3, the landlord can prove that. Witness. We can prove that we were not drunk at all—there was a couple of pints of rum bad, and you tried all means to get us to drink it, but we would not—we were in the dram-shop about 20 minutes.
JOHN WILSON . I am a corporal of the West York Rifle Militia; by virtue of this document purporting to be signed by the quarter-master-general, I received Hacket, and took him with the last witness to Hull, and then up to London—during the whole of this time he was in custody under this document—I went to get a billet at the place the billet indicated—the prisoner was with us—Hackett asked to have the hand changed from the handcuffs, and as soon as it was unlocked and his hands were at liberty, he knocked Dawson down and held him down, and I got a clout of the head—the prisoner ran away as soon as he had got Hacket at liberty—I saw Dawson follow him.
WILLIAM PRICE (City policeman, 717). I stopped the prisoner in Cannon-street, at about 20 minutes to 3—he was running very fast, and there was a cry of "Stop him"—I got to a corner where he could fall on me—he made a strike at me and fell down—he was so exhausted with running that he could not get up—the soldier came up, and I took him to the station—he, said that his name was William Hacket, and he was a brother-in-law of his, and he and some more brothers-in-law and sisters-in-law, to the number of eight, had been to meet him, and got into a row with the soldiers, and that was how it happened.
The Prisoner's statement before the Magistrate was here read as follows:—I was standing at the corner of Cannon-street at the time the deserter made his escape—I had no hand in aiding him to escape—I was waiting, and bade him "Good night," and when the young man ran away, the escort ran after him—I know the penalty of interfering with the escort of a prisoner.
Prisoner's Defence. We stopped at the public-house till 3 o'clock with the soldiers, as the landlord can prove—we went over the bridge to look for a coffee-shop—I got a bed, and then we went down to the water side again, and the corporal said to the young woman who was with the prisoner, that
be would give her the key of the handcuffs if she would take him home—we were all drunk together, so they opened the handcuffs at the steps of London Bridge, and the prisoner ran up Cannon-street—I did not see the soldier struck, but when he could not take the deserter, he said that I was one of the party, and gave me in charge.
The Prisoner called
JESSY THOMPSON . I was with the party that night, and the corporal was going to loose the handcuffs in the public-house—he said if we took home the young man he would loose him—I had the key in my hand in the public-house.
GUILTY .**— Confined Two Months.
OLD COURT.—Thursday, February 3d, 1859.
PRESENT—Mr. Baron WATSON; Sir JAMES DUKE, Bart. Ald.; Mr. RERCORDER; Mr. Ald. LAWRENCE; Mr. Ald. MECHI, and MICHAEL PRENDERGAST, Esq. Q.C.
Before Mr. Baron Watson and the Fourth Jury.
256. WILLIAM RICHARD JACKSON (17), was indicted for feloniously forging and uttering an order for the payment of 9l. 17s. 3d.; also, two other orders for 10l. 2s. 7d. and 10l. 3s. 1d., with intent to defraud; to all which he
PLEADED GUILTY .— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
JOHN WHITMEE, JUN . I live at 70, St. John's-street, Clerkenwell, and am a partner in the firm of Whitmee & Co—we are agents for ironmongery—in consequence of some communication from a person who waited on me on 18th December last, I called upon the prisoner in Loughborough-road, Brixton—I saw him—in consequence of what passed there, he called upon me on 22d December at my place of business in St. John-street, and gave me orders for plated goods, cutlery, and ironmongery to the amount of about 60l.—he selected the goods, and gave me the order to supply them—he said that he was a gentleman living on his income as a landowner, at Westhorpe, in Suffolk; that he was living on the monies remitted by his agent, but he should not be able to pay until the middle of January—he said that he had an estate at Westhorpe, and he left it to his agent to manage; that he had at his place at Brixton a bill of exchange which his agent had transmitted him for the sale of hay to a neighbouring farmer, that he would bring that bill, and if we chose we could discount it and give him a cheque for the difference—he brought the bill on Friday the 24th—he was told that the money for the difference could not be given until the bill was approved—this is the bill (This was a bill for 208l. 16s., dated London, 18th December, at two months, drawn by W. J. Saunders, and accepted by W. S. Grimwood, payable at Bar-clays', addressed to Mr. William Scott Grimwood, Rookery Farm, Westhorpe, Suffolk, and endorsed "J. Saunders")—The prisoner said that he wished the goods to be delivered that same evening (Friday), which was promised—they were not delivered in consequence of information we had learnt concerning him—he was arrested on the Sunday following—I told him that we would submit the bill to our bankers for approval, and in the event of their approving and discounting it, he should receive a cheque for the balance.
Cross-examined by MR. ROBINSON. Q. The bill was mentioned first on the Thursday, was it not? A. No, on the Wednesday, the evening he first came to me—all the conversation with respect to the goods had then taken place—I had undertaken to deliver the goods unconditionally before that on the faith of his statement as to his wealth, his landed property—I have heard that there is such a person as Grimwood in existence—I have heard that Grimwood did reside at Westhorpe until the last five years—I cannot say that I believe this to be the genuine signature of Grimwood—I have heard opinions expressed concerning it.
MR. BARON WATSON inquired if Grimwood was in attendance, and finding that he was not, was of opinion that the case (as opened) resting upon the fact of Grimwood being a fictitious person, the Jury must acquit the prisoner.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
JOHN WHITMEE . (The evidence given by this witness in the previous case was read over.) I was induced to supply the goods on the representation of the prisoner that he was a wealthy gentleman, and that he had an estate in Suffolk—that was mentioned prior to tendering the bill, and before I agreed to deliver him the goods.
Cross-examined. Q. At what time was it that the landed property was first mentioned? A. On the Saturday when I first visited him, also on the Wednesday when he came to my place—he said he had an estate at Westthorpe in Suffolk, and he was living at Brixton on the income that his agent periodically transmitted him—I am sure that the estate was mentioned before the bill—I did not make any inquiry about the estate in Suffolk, but he was introduced by his wife, who stated that she was a friend of a friend of ours in Bedfordshire—the prisoner spoke of both himself and Grimwood, the acceptor of the bill, having estates there—it was implied—he said he had sold the hay to a neighbouring farmer—he did most decidedly say that he himself had an estate there—one or two of our men were present at the time; they are not here—I was not anxious to get the bill from him to get it discounted in order that I might get the money before January—he did not bring the bill until about an hour or two before the goods were to be delivered—he brought me the bill about 3 o'clock on the Friday evening—I took him to several places, and introduced him, at his request, because we were not manufacturers of the goods which he wanted—I told him that we had rather a small account at our bankers; I said so because he wished the money there and then—it might or might not have been true—we had a balance of about 300l. at that time—I did not urge him to let me have the bill to get discounted, and pay him over the difference—I have said that the contract was complete before the bill was mentioned, and the goods were to be delivered unconditionally, simply on the faith of his wealth.
ROBERT WADE . I am a labourer, and lire at the Crown Inn, Westhorpe, Suffolk—it is a small village—I have lived there nearly all my life—I know the form represented as the Rookery Farm—it is occupied by Mr. Robert Hearn, farmer and merchant—it is not occupied by Mr. William Scott Grim wood—I know such a person—I used to know him when he lived there, that is five years ago last Michaelmas—he has no farm there now—I do not know such a person as Saunders having an estate there—there never has been such a man living in the place while I remember, which is thirty years—I know all the persons that own land in the neighbourhood—I am quite sure there is no person of the name of Saunders.
Cross-examined. Q. You will not swear that you know all the people that own property there. A. I can tell every farmer's name in the parish—I cannot tell the names of the owners of all the property there—I do not know a lady of the name of Watts—I do not know that Mr. Grimwood's sister is a Mrs. Watts—I did not know her name after she married—I know that Mr. Hearn of the Rookery Farm is the tenant of Mr. Grimwood's sister—I cannot say that her name is Watts—I knew her when she lived in the place (Mrs. Watts was brought forward)—I could not swear that that was the lady, it makes a difference being away for some time.
MR. METCALFE. Q. Whether that is Mrs. Watts or not, is there a Mr. Grimwood who has been farming there and buying hay, within the last three or four months? A. There has been no such name there within the last five years.
THOMAS BERRY . I have collected all the rates and taxes for the parish of Westhorpe in Suffolk, for the last fourteen or fifteen years—I know all the rate-payers and all the persons of whom taxes are collected—there was a farmer named Grimwood there five years ago last Michaelmas—there has been no such person during the last five years—there is no person named Saunders there, either an owner or occupier—I have the rate-book here—I know all the owners as well as the occupiers.
Cross-examined. Q. Do you know this lady (Mrs. Watts). A. No; I never saw her before to my knowledge—I have been there twenty years—I know Mr. Grimwood's sister—I see now that that is her—I did not recognize her at a distance—I know that that lady once bore the name of Grimwood—her name now is Watts—she is the person.
MR. METCALFE. Q. Do you know Mr. Grimwood's writing? A. I used to know it—(looking at the bill)—the signature of Grimwood here is very similar to Mr. Grimwood's writing—but it is a bolder hand than he used to write when I used to see him write—I do not know what has become of him—it is five years since I saw him write.
JOHN HARVEY (Police-sergeant, G 9). I took the prisoner into custody—I told him that he was charged with uttering a fictitious bill, with intent to defraud Mr. Whitmee—he said, "Well, if it is fictitious, Mr. Whitmee has lost nothing by me, and he had better give me the bill back."
MR. ROBINSON submitted that there was no case for the Jury, the evidence not supporting the pretences alleged in the indictment, viz. that Grimwood had accepted the bill; that the prisoner had an estate at Westhorpe; and that hay was supplied by the prisoner to Grimwood; no mention being made of the bill. MR. BARON WATSON was of opinion that there was a sufficient case for the Jury.
GUILTY .— Confined Twelve Months.
MR. SLEIGH having opened the case, MR. BARON WATSON expressed an opinion that unless evidence was adduced beyond that contained in the depositions, there was no case against the prisoners.—MR. SLEIGH having no further evidence, withdrew from the prosecution.
NOT GUILTY .
There was another indictment against Fry for concealing the birth — and Durant for aiding and assisting her— upon which no evidence was offered.
MR. BEST conducted the Prosecution.
RICHARD HOPKINS . I am a billiard-table maker—About half-past 2 o'clock on the morning of 25th January last, I was proceeding along Lancaster-place near Waterloo-bridge. I was attacked by three men—one caught me round the throat, while the other two were in front. I hallooed "Murder and Police"—the prisoner Machin had hold of my arm—one seized me round the throat, and Fitzgerald tore my pocket out: there was in it a 2s. piece, sixpenny-worth of half-pence, and two farthings, one of which had a hole in the centre, 3 keys, a knife, and a comb—the policeman, No. 20, and the toll-collector, heard my cry, and ran to my assistance—two of the men ran towards the Strand pursued by No. 20, and Machin ran across the road towards the new wing of Somerset House, and he was stopped by the toll-collector—he kept him till the policeman came back, and we then gave him into custody—here are 2 farthings (produced), one of them has a hole—I know that farthing—these 3 keys are my property, and this comb and cigar-tube—I was sober on this night.
Cross-examined by MR. PLATT (for Fitzgerald). Q. Had you been to the theatre? A. No; I had been to a friend's house—I was quite sober—the three men came upon me together, all at once—they must have been behind me—one man caught me round the throat, and the other two were instantly at my side—I could not see the man behind me—I could see the two prisoners in front of me, and when I hallooed, they pressed my throat tighter so that I could not breathe—I am quite sure of Fitzgerald—I saw him distinctly—this took a very short time—I was confused—this happened on the right hand side going over the bridge—there was a light on the kerb, and a light in Lancaster-place—I could see quite plainly—the third man ran with Fitzgerald towards the Strand—the 2s. piece and the knife have not been found.
Machin. Q. Did not you at first tell the toll-collector that I had torn your pocket and taken the money out? A. No; the toll-keeper detained you before I came up—you did not attempt to run away, if you had I should have run after you—you had a chance of running.
COURT. Q. How far had he got when you came up to him? A. Across the road—I never lost sight of him from the time he laid hold of me until I came up to him—I said directly, "That is one of them"—the toll-keeper detained him by standing before him—I did not see any other persons about.
GEORGE OCLEE . I am a toll-collector at Waterloo-bridge—I was on duty on the Strand side of the bridge about a quarter-past 2 in the morning of 25th of January last—in consequence of hearing cries of murder and
police, I went to Lancaster-place—the policeman F 20 went first, and I followed him—I distinctly saw four persons struggling together in Lancaster-place—as soon as they saw the policeman, two of them ran towards the Strand, and one towards Somerset-house across the road—that was Machin, I went over to him—he was very much confused—he said to me, "Where are they, where are they?"—I said "You are one of them;" and I told him if he ran away, I should lay hold of him—the prosecutor came up and said he was one of them—I stopped with him till F 20 came back, and the prosecutor then gave him into custody—there were three cabs on the rank; that was all I saw in the street, except the persons engaged in the struggle.
Machin. Q. Did you see me struggling with the prosecutor? A. I saw four persons struggling; you were one of them; I never lost sight of you—there was a lamp-post five or six yards from you, in Lancaster-place, and one on the pavement in Wellington-street—you did not come up to me—I went over to you, and you said, "Where are they?" to blind me; but I could see through it—the prosecutor was then on the pavement, where the struggle was—he came up in two or three minutes—I swear positively you are one of the four that were struggling—there were no other persons in the street except the cabmen, and they were at their cabs—two cabmen came up while I was speaking to you—you said you were a cabman, and the cabmen said, "It is no such thing; he is not come from here."
ROBERT PHELPS (Policeman, F 20). I was on duty near Waterloo-bridge, about a quarter-past 2 o'clock, on the morning of 25th January last—I heard a cry of "Police, police!"—in consequence of that I went towards Lancaster-place—I saw four men struggling together—I saw Fitzgerald run towards the Strand—I pursued him, and sprang my rattle—he crossed the Strand and ran up Catherine-street; and he was stopped by A 303—I saw him stopped—he was not out of my sight from the time he started until he was caught—I afterwards received Machin in custody from the toll-collector—I went to the spot where the struggle took place, and there found this cigar-tube, this comb, and a halfpenny.
Cross-examined. Q. Do you mean to say that you did not lose sight of Fitzgerald at all? A. Not at all; I am sure of that—I saw his face plainly when I first pursued him.
JAMES BROADWAY (Policeman, A 303). I was on duty in Catherine-street, Strand, a little after 2 o'clock on the morning of 25th January last—I heard a rattle spring, and saw Fitzgerald passing at a run—I went to make a grab at him and he slipped by me—I followed him up Catherine-street, and eventually captured him near Red Lion-court—he was not out of my sight—Phelps came up, and said, "That is him; take him to the station"—as I was taking him to the station I observed that his hand was closed—I held his hand in mine till we got to the station—I there opened his hand, and found in it six pennyworth of halfpence, two farthings, and three keys, which I have produced—he said he had picked them up.
Machin put in a written defence, stating that he was coming over the bridge from the Westminster-road, when the policeman and the toll-collector ran by, and upon his inquiring what was the matter, he was detained as being one of the men.
Machin was further charged with having been before convicted.
MACHIN—GUILTY.**— Ten Years' Penal Servitude.
FITZGERALD—GUILTY.†— Eight Years' Penal Servitude.
NEW COURT.—Thursday, February 3d, 1859.
PRESENT—Mr. Alderman MECHI and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
261. GEORGE HAYLER (22), CHARLES HORTON (22), and THOMAS FULLER (23) , Stealing a Bill of Exchange for payment of 20l., 2 pieces of paper, and 1 post letter, of Jane Coutts. Second Count of George Allen.
FULLER— PLEADED GUILTLY .— Confined Three Months.
MESSRS. GIFFARD and ORRIDQE conducted the prosecution.
ANN DYE . I lived in Addington-place, Edinburgh, in December—in consequence of a letter I received I applied to the Royal Bank of Scotland, and got an order for 20l.—I enclosed it in this letter, and put both in an envelope—I directed it to Quarter-master Walter Allen, of the 1st battalion of the fusilier guards—I sent the letter.
CHARLES TURNER . I am cashier at Coutts' bank—on 24th December the prisoners Hayler and Horton came there—Hayler handed me this order for 20l., payable to Walter Allen—I observed that it was not endorsed, and I asked Hayler if it was payable to him—he said "Yes"—Horton was standing within about two yards—I have no doubt he must have heard it—I gave the cheque back to Hayler, and said, "Write your name at the back of it "—he wrote "W. Allen" on the back—I then paid him the amount in two 5l. notes, and the rest in gold.
Horton. Q. Where was I standing? A. At a desk by my side—I gave two 5l. notes and 10 sovereigns—I have my book here (Reads "20l. Royal Bank, Allen two 5l. notes, Nos. 46,957 and 46,958, and 10l. gold.")
Horton. Q. Was that the statement you made at the police-court? A. No, it was not; I had not my book—I believed I had paid it in gold, but I amended it afterwards.
THOMAS ANSCOMBE (Policeman, F 102). On the day before Christmas-day I saw the prisoners Hayler and Horton come to Coutts' bank—I opened the door to them—Horton said, "Is this Coutts' bank?"—I said, "Yes, it is," and he and Hayler passed in.
SERGEANT-MAJOR EDWARD EDWARDS . I belong to the 1st battalion of the third regiment of Guards—the prisoners were in that battalion—Horton was corporal, and Fuller was lance-corporal—in consequence of some information on 29th December I spoke to Hayler, and asked him if he had been to Coutts' bank to cash a cheque—he hesitated a good while, and then he said he had not—I told him he had, and Corporal Horton had accompanied him—he hesitated some time, and then Raid, "You know all about it"—I said, "I know a good deal about it, but I want to know some more: where did you get the cheque from?"—he said, "A man that served with me in the Baltic fleet gave me the cheque:" and, knowing that Fuller had, I replied, "Then Fuller is in it"—Hayler replied, "That was the man"—I asked him if he knew what the cheque was for—he said, yes, he knew it was for
Threipland's discharge"—he said "The corporal came to me and asked me if I was game to cash it; I said 'Yes, I was game to do anything'"—I asked him how much he gave Corporal Horton for going with him to the bank, and after a good deal of hesitation, he said he gave him 5s. for going there—I then placed Hayler in confinement, and went to the orderly room to Corporal Horton—I told Horton he had been with Hayler to Coutts' bank, and got a cheque cashed—he said he had—I asked him how much Hayler had given him for going to get the cheque cashed—he said 8l.—I asked him what he had done with the money, and whether he had any left—he said, "No, he had got none of it now"—I placed Horton in confinement, and then went to Fuller—I afterwards heard Hayler tell the commanding officer in the orderly room that he got 10 sovereigns in gold, and two 5l. notes from the bank for the cheque, and that he gave Corporal Horton, as he was afraid to go himself, the two 5l. notes to get changed, and that Horton kept 8l. out of the two 5l. notes, and only gave him 2l.
Hayler. That is false; why should I be afraid to go and get the notes changed?
WILLIAM SHAW . I am a corporal in the 1st battalion of the 3d regiment of Guards—I saw a letter which was addressed to Mr. Allen; I gave it to the prisoner Fuller; that was shortly before Christmas—he asked me if I knew any party of that name; I said, "Yes"—I saw the Edinburgh post-mark on the letter—I gave it to Fuller.
GEORGE GRANT GORDON . I am a captain in the 1st battalion of the 3d regiment of Guards; a few days after Christmas I sent for Hayler; I said to him, "Did you go to Coutts' bank with a cheque?" he said, "Yes"—I said, "Who accompanied you?" he said, "Corporal Horton"—I said to him, "Do you know who the cheque was for?" his answer was, "For Threipland; and the letter was to Mr. Walter Allen"—I said to him, "Have you got the letter that came with the cheque?" he said "Yes;" he pulled it out of his pocket and handed it to the commanding officer—this is it—I asked him if he signed the cheque at the bank, and if he signed Walter Allen; he said, "Yes"—Horton also told me that he saw Hayler sign the cheque—I ordered them all three to be put in confinement.
Hayler's Defence. I had the cheque given me by Fuller; he said he had it sent him for a Christmas-box; he asked me to go and cash it—I said, Are you sure it is yours?" he said, "Yes"—I said, "What name am I to sign?" he said, "Walter Allen."
Hortoris Defence. On 24th December Hayler came in the barrack-room and showed something out of a letter to the men—I looked, and he said it was a cheque for 20l. he had got—about a quarter of an hour after that we were talking, and some men said about getting it changed, and one of the men took it, looked at it, and showed it to me, and he said he wished some one would go and show him where the bank was, as he did not know—I said I had been there, and I knew where it was, and did not mind going with him, it would not be no bother to me—I went and asked the man at the door, "Is not this Coutts' bank if" he said it was—I went in, and Hayler got the cheque cashed—I was standing looking about—I saw the banker hand him a pen, and saw him write something, I can't say what—I was standing
about the middle of the bank—I heard the man say, "Will you have gold or notes?" and he said, "Half in sovereigns and half notes;" and there were nine sovereigns, two half-sovereigns, and two notes given to him—we came out, and the next time I saw Hayler he was a prisoner in the barrack-room, and I was a prisoner myself—the cheque I never had in my hand, nor did I see what name was on it—there was nothing said about such a thing being left—how did I know whether his friends had sent it him as well as any one else—as to knowing he got it of Fuller, I knew nothing about it—there is no one can say that I ever had a halfpenny of that man; I went to oblige the man, to show him where the bank was—I never signed my name, nor had the cheque in my hand; nor did anything at all with it.
HAYLER— GUILTY .— Confined Eighteen Months.
HORTON— GUILTY .— Confined Nine Months.
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
WILLIAM ANDREWS . I live at Cambridge Heath—I was in the service of Mr. Ives—On 30th Nov. I was in the Poultry—the prisoner Beach touched me on the shoulder and asked me whether I had got any work—I told him "No"—he asked me whether I would go to Morley's, in Wood-street, for him—I said "Yes"—he said he would give me sixpence for my trouble—he gave me a sealed envelope—I took it to Morley's, and gave it to a man in the counting-house—Beach told me to get a parcel and bring it back to where I was then, in the Poultry, and if I was asked where I came from, to say from Mr. Clarke, of Whitechapel—I gave the envelope, and a parcel was delivered to me—I signed the receipt for it—I went back to the Poultry, where I was directed to go to a passage at No. 11—Beach was not there—I waited there about an hour, and it became dark—I thought if I took the goods back to Morleys they would be shut up—I went on the stairs and called Mr. Clarke—he never came, and I began to cry—a gentleman came down stairs and asked what I was crying for—Mr. Russell afterwards came and took me into custody.
STEPHEN WESTWOOD . I am warehouseman to Messrs. Morleys. On 30th Nov. the last witness came with a note to our counting-house—I handed it to Mr. Edgar, and he handed it back to me—while the matter was being considered we sent for a policeman—(Read: "49, Whitechapel-road. Gentlemen, I will thank you to send by bearer 1 dozen shirts 20, and 1 dozen wool hose.—G. W. CLARKE.")
JOSHUA MAYSTON . I am a warehouseman to Messrs. Morleys—on 30th Nov. this boy, Andrews, came, and the parcel was made up for him—I followed him in 2 or 3 minutes after he left—he did not know that I followed him.
GEORGE WILLIAM CLARKE . I am a hosier and draper, and live at No. 49, Whitechapel-road—I deal with Messrs. Morleys—this letter is not my writing, nor was it written by any one in my employ, or by my authority or knowledge—I never received the goods.
King. How long is it since I was in your employ? Witness. Seven years—I am but a very indifferent writer.
SAMUEL SEDGWICK . I know the prisoners—I know King by the name of Sims, and Beach by the name of Diamond—that is the only name I know him by—I knew them residing in Gun-street—they were there about a fortnight before Christmas—I do not recollect up to what day they were residing there—Diamond left first, but not long before King—they both resided at 49, Gun-street, where I live—I have pawned goods for King, flannel and hosiery—I cannot say how many times I have pawned goods for him within the last two months—I have pawned altogether about 12 times, sometimes to the amount of 3s. or 4s.—I brought the duplicates and the money back to him—I was paid 6d. a time for my trouble—I sometimes got victuals—I used to receive the articles in Spitalfields—they were new goods—Smith was the name I gave—I pawned at Dyas', at Conder's, and at Wolfe's—King did not tell me to pawn in the name of Smith—I gave him the tickets—he told me they were flannels and hose.
CHARLES POOL . I superintend a lodging-house, No. 46, Wentworth-street, Whitechapel—I knew King—he lodged there in the name of Bryant—he came about Thursday, 16th Dec, and stopped till the Thursday after Christmas, 30th Dec.—Beach came there in the name of Fox—he came on the Monday after Bryant came—he stopped till Wednesday night the 29th, or Thursday morning the 30th.
WILLIAM CLOWES . I reside at the East London Lodging-house, No. 46, Wentworth-street Whitechapel—I knew King under the name of Bryant—both the prisoners were residing in that house—I saw them it might be about seven days before Christmas—I know they were there at Christmas—I slept in the same room with King; Morgan slept in that room—On the night of the 29th, Morgan woke me up and said: "Bill, there have been three officers here and have taken a man out"—he made me understand who man was, and King moved and said, "Morgan, you don't say so"—King did not sleep in the house after that night,
King, It was morning when you told me Beach was taken—It was when Morgan came up.
WILLIAM SMITH (City Policeman, 572). On the 5th January I was with Russell—we saw King in Somerset-street—I had received information—I ran after King, stopped him, and asked him what his name was—he said "Bryant"—I said "It is not; it is Sims; Where do you live?"—he said, "At No. 20, Great Dover-road"—I said, "You must go with me on a charge of forgery"—he said, "Forgery; I know nothing of any forgery"—Russell then came up, and I said, "He has given the name of Bryant; it is not so, it is Sims"—I again asked him where he lived, and he said "No. 20, Swan-street, Great Dover-road"—Russell then said to him "Your name is King"—King said it was not—he was then asked if he knew anything of any flannel shirts and hose which had been obtained by forged orders—he said that he did not—After he denied that his name was King, Russell said, "I will soon take you to a place where we can ascertain; I do not think we have made a mistake; I will take you to Mr. Bell in Houndsditch"—he said, very well, he would go with us—we crossed over and went to near the end of Houndsditch and then he said, "Well, my name is King"—we then took him to the station.—On 29th December I went with Russell to Wentworth-street, Whitechapel—I went into a bedroom there, where we found Beach in the name of Fox—I went and awoke him and asked him if his name was Fox—after some trouble he awoke, and said it
was not Fox, it was William Brown, I then looked at his eye, from a description which had been given of his eye by a boy—we then ordered him to get up and dress, and told him his name was not Brown—when on the top of the staircase I said to him "Your name is Beach"—he said "It is not"—Russell said "Your name is Beach"—he then said "I go by that name sometimes—"I told him he had been employed at the Docks in the name of Fox—he said he had gone by that name sometimes—Russell asked him where he had been living lately—he hesitated, and said he had been lodging in Rosemary-lane—we asked him whether he knew Gun-street—he said "No"—he hesitated some time, and then said—"Yes, I used to lodge there at No. 49."—we asked him if he knew Sims—he said at first that he did not—but he afterwards said he did, and had seen him about a fortnight before—we took him to the station—nothing was found on him—on King we found fivepence-halfpenny.
JOSHUA MAYSTON (re-examined). I have two other orders which were addressed to me—they are orders which are executed—they are for flannels, shirts, and hose—those goods were sent—they are in Mr. Clarke's name.
King's Defence. He says, that is my writing, and it is 7 years since he saw me write—he has got an immense quantity of my writing in his possession, and none of that is brought forward—in regard to having employed this man to pawn goods, I admit that I have done so—I wanted to raise a little money, and gave him them to pawn for me—I became acquainted with Beach by living in a lodging-house—I have not been engaged with him out of doors—I merely knew him as a fellow-lodger.
The Prisoner King called
GEORGE SMITH . I am Sergeant-Major of the West Essex Militia—I have known King about three years and a half to the present time in the name of Sims—this time last year he was on the recruiting-service, and a great deal of money passed through his hands belonging to the regiment, and his accounts were always correct.
Cross-examined by MR. GIFFARD. Q. Were you aware that he had been convicted of felony? A. Not before; I am now—I have seen him write—I believe these three orders to be his handwriting.
MR. GIFFARD called
WILLIAM BELL (re-examined). I produce a certificate of the prisoner's former conviction—(Read; "Central Criminal Court, August, 1851; John King, convicted of embezzlement. Confined One Year")—I was present—the prisoner King is the person—I believe John King is his real name.
KING— GUILTY .— Eight Years' Penal Servitude.
BEACH— GUILTY .— Six Years' Penal Servitude.
There were two other indictments against the prisoners.
THIRD COURT—Thursday, February 3d, 1859.
PRESENT—Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald, LAWRENCE; Mr. Ald. MECHI; and M. PRENDERGAST, Esq., Q.C.
Before M. Prendergast, Esq. and the Seventh Jury.
PLEADED GUILTY .— Four Years' Penal Servitude.
FERDINAND VICTOR (through an Interpreter). I have only been here three or four weeks—I am a merchant, and on 19th January was living in Newman-street, Oxford-street—at half-past 12 that night I was in Oxford-street, and the prisoner engaged me to go to a coffee shop—that was done in English—I went with her to a room underneath, like a kitchen, in Chapel-street, near Oxford-street—I took off my two coats and my waistcoat, in which was my watch and chain, and put them on a chair near the bed—we laid down on the bed together about four minutes, but the prisoner was not undressed—she then wanted to go to the closet, and took her bonnet, saying that she would come back directly—I had not given her anything—she did not come back, and some minutes afterwards I found that my watch was gone—I asked the proprietress of the coffee shop where the girl had gone to; she said, "She will be back directly"—this room was at the coffee-shop—the prisoner did not come, and I asked again, and the proprietress said, "She is gone"—I told her that it was very wrong on her part, and went away, and spoke to several policemen—I met the prisoner about 10 o'clock the same night, "Wednesday, in Oxford-street, by the Pantheon—I told her she had stolen my watch—she said, "I do not know you, I never saw you before"—I am sure she is the same woman—I was with her altogether about an hour—I was quite sober—my watch was worth 15l.—I saw it in my waistcoat a short time before.
Prisoner. I am not the person, and the landlady says so.
Witness. I am positive of you.
HARROETTE WELCH . I am a servant, at No. 1, Chapel-street—the prisoner had come there once before that night, but I have not been there long—it is a coffee shop, and there is a place down stairs where people are occasionally accommodated—I was standing at the middle door and saw the prisoner come up from below—I had not seen her go down—you go down from the outside, but there is a middle door—you cannot go into that room without going into the passage of the house—when she came up my mistress went down and called out to the gentleman, "May your lady go?" he said, "She may," in broken English—I can positively swear the prisoner is the person—I saw the gentleman directly afterwards—he came up and made a noise that he had lost something—that was a few minutes after the lady left the house—this is the gentleman—I did not see them in the coffee-shop—they sell coffee on the floor even with the street, the other matters are done below stairs—the arrangement for the room was made with the mistress.
the corner of Argyle-street and Oxford-street, where I saw the prisoner and prosecutor—I could not understand what he said, but he pointed to his watch—he had an interpreter with him who said that the prisoner had stolen it in a private room—she said, going to the station, "I have not seen the gentleman, and have not taken the watch and chain"—she offered me 6d. not to make any bother—I had her searched at the station, and found a purse and 7 1/2 d.—I went to her lodging and found six duplicates between the bed and the mattrass, but not relating to this.
Prisoners Defence. I was willing to be searched because I was not guilty—I wish the mistress to be examined.
MARY ANN SMITH . I am the landlady of this coffee-shop, in Chapel-street—on Tuesday night, Mr. Victor came there, with either the prisoner or somebody like her—I cannot swear to her, and I rather think it is not her—she is like her, but she had her fall down—they had no coffee—the gentleman gave me 1s. at the top of the stairs for the room—I afterwards asked him if the girl might go, he said "Yes," and I took no further notice—I have seen the prisoner at my house before, and the girl that came was about the fame height and size—the voice was not unlike the prisoner's—there was nothing unlike her, only I did not see her face—I did not think it to be her at the time, nor did I at Marlborough-street—when I saw the girl at my house I believed it was the girl I have seen before, and I took her to be this girl, but will not swear it—I knew the gentleman had been before—I did not notice the girl that came in with him, but in stature the prisoner is like her—I believe by the description she is the person.
GUILTY .— Confined Six Months.
JACKSON PLEADED GUILTY .— Confined Six Weeks.
MR. LANGFORD conducted the Prosecution.
ELIZA GRIFFITH . I am a book-folder, of No. 9, Corporation-row, Clerkea-well—on 6th January I sent the boy Jackson to Mr. Agg to ask for a bundle of printed paper—he knew what it was, because he had brought one previously—this was rather heavier than usual. I gave him a dinner, and promised him 4 1/2 d. when he returned with the bundle—he did not return.
JOHN AGG . I am a bookbinder, of No. 117, Dorset-street, Salisbury-square. On 5th January, Jackson came to my house, and said he came from Mrs. Griffith for a bundle of work—I gave him thirty quires of these sheets (produced)—they were to be folded—(I have got them from the constable)—I had seen him twice that day, but had not seen him before that day.
MARIA HART . I am the wife of Thomas Hart, butcher, Whitecross-street, St. Luke's—on 5th January, between 5 and 6 in the evening, two boys came to my shop with a bundle of paper—I thought Hide was one of them when I first saw him to-day—they brought it as waste paper, and my young man asked me if he should buy it—I said "Yes, if it is clean"—he weighed it, and I gave the lad the money for it—this (produced) is part of it—I do not know whether Hide is one of the boys; he has only got one eye, and I did not observe that when he came into the shop.
HIDE— NOT GUILTY .
ELDRED LEWIS BLIGHT PEARSE . I reside at No. 10, Upper Porchester-street, Paddington. On 10th November, about twenty minutes past 7 in the evening, I was returning from Bayswater to my own house—the gas was alight—I met the female prisoner in Hyde Park Street—my watch was safe a few minutes before that—it had a chain to it, and was in my right hand waistcoat pocket—the chain passed through my waistcoat button-hole, and the key was attached round my neck—she came quite close to me, and said, "I know you, Sir"—I said, "How do you know me?"—she said, "I live in this neighbourhood/' that she was a servant, and I think she Raid a ladies' maid, living in Hyde Park Square—at that time I saw Wilcox—he rushed round the corner of Hyde Park Square, and pushed the woman, as I thought by accident, against me—I thought she was frightened—I felt her hands about me, but could hardly say where—Wilson then came up, with a stick in his hand, as if he was walking, and said, "Which is the way to Hyde Park Square?"—Wilcox said, "This gentleman" (meaning me) "knows the neighbourhood much better than I do"—the female then disappeared—Wilson went down Hyde Park Street, And Wilcox in a different direction—about 10 o'clock the same night I missed my watch and chain—I believe the prisoners to be the parties—I believe I can say I am sure of them—Wilcox pushed the woman against me.
Cross-examined by MR. LILLEY. Q. At what time did you arrive at home? A. Soon after 9—I live about 500 yards from where I met them, but I walked up Hyde Park Terrace instead of going home—I had not seen either of them before, to my knowledge—I saw them on 13th December, at the station, in custody—they were together—no other persons were with them, to my knowledge—my attention was directed to them only—they were all locked up in one place that night—the 10th November was not only foggy but cold—I had only one coat on—it was buttoned with the exception of the bottom button—the conversation occupied a very short time—if the prisoners had asked me to have forgiven them, at the station, before the charge was taken, I should have done so, from the time it had passed over since the robbery, which was one month minus a day—I hesitated about identifying them—I would have withdrawn the charge if I could—I saw them in more rooms than one.—the gas was lighted.
COURT. Q. You had a very short opportunity of observing Wilson? A. He stood further off than the other two, and came there later—I am willing to give the prisoners the benefit of any doubt, and I do not wish to press the charge—I do feel some little doubt, therefore I give them the benefit of it—there might be a doubt; but to speak conscientiously, I have no doubt—I mean from the lapse of time from the occurrence to the time they were taken in charge, I feel some hesitation now—I do feel a little doubt about it.
MR. ATKINSON. Q. How long was the woman in your society; longer than the others? A. Yes; it might be three or four minutes—I believe her to be the party; I have not the least doubt about her—I believe Wilcox to be the person that came up next—Wilson was further off than the others, and being somewhat foggy, I named him as 60 years of age at the station.
Wilson. I am 37 years of age.
COURT. Q. Finding he is only 37, do you believe him to be the same man? A. I do; I believe I described the young lady to be about 25, but
I stated Wilcox to be about 40 (The gaoler here dated that 40 was his age)—it was a foggy night, but I went for a walk down Hyde Park Street, right up Hyde Park Terrace, round the Edgeware-road, and after that I went home—I was in company with no one, and nobody came up against me—the Edgeware-road is crowded with people at that time in the evening, and people passed me, but they could not see my chain, as it was under my coat which was buttoned—White took no liberties with me before the others came up—I missed my watch before I went up to my bed-room, when. I was going to wind it up—I took no steps that night—I did not make it known only at home—I informed the police next day—I do not remember any woman coming up and speaking to me in the street; such things do happen sometimes—I had drunk a glass of gin and water after dinner—I dined at home, and then went to my friend's house.
THOMAS POTTER (Police-sergeant, 16 d.) On 17th November, about an hour after Mr. Pearse gave information of his loss, I took a description of the thieves from the book, and from Mr. Pearse, of the robbery. On 13th December I was on duty under the Park railing in the Edgeware-road, on the dark side; any person on that side can see perfectly well what is going on on the light side, but persons on the light side cannot see what is going on on the dark side—I was just beyond the Marble-arch—I watched the prisoners there together for about an hour, and then apprehended them—the woman spoke to me—she was standing at the corner of Hyde Park Street (THE COURT considered that evidence could not be given of what passed)—I took them to the station-house—I am sure they were all together—they stood talking together for about ten minutes—when I first saw them, they seemed to be perfectly acquainted—after White had been locked up some time we sent for Mr. Pearse, and other persons who had been robbed—Mr. Pearse identified them—after White was charged and was about leaving the dock, she turned round to the two men, and said, "I told you he would tumble to us"—she said she had never seen the man before, and had not spoken to them that night.
Cross-examined by MR. LILLEY Q. Was not the evidence on that point offered three weeks after that? A. I mentioned it before the Magistrate, but I believe the clerk said that it was not necessary to return depositions to that effect—I took the prisoners on a charge of loitering about for the purpose of committing a felony—one hour as near as possible elapsed from the time I first saw the prisoners to the time I took them in custody—two persons came and looked at them that night—the prosecutor came it might be three quarters of an hour after they were locked-up—the gas was already turned up—they were brought out, and he looked at them, but only in one room—they were before him in the dock half an hour, but it was not two minutes before he had said that he had no doubt about the woman and Wilcox, but had a doubt about the other.
MR. ATKINSON. Q. What is the meaning of the word "tumble?" A. "Know us;" "I told you he would know us."
COURT. Q. Does it mean Fix on us?" A. Yes; it is a word I have repeatedly heard used among thieves.
Cross-examined. Q. Had you never seen them before? A. No.
removing them to the cells, and White turned round to the male prisoners and said, "I told you that he tumbled to us; and I told you that we should be nailed"—they made no answer.
Cross-examined. Q. Was Potter present? A. He was in the charge-room, I believe—he was within hearing—I was before the Magistrate, but the evidence was not taken—I cannot say what day of the month that was—I cannot give you a notion whether it was a week or more or less after 13th December.
NOT GUILTY .
MR. T. ATKINSON conducted the Prosecution.
LETITIA KING . I live at the Earl of Cork's, 8, Grafton-street—in November last I was in Devonshire-street, St. Mary-le-bonne, at half-past four in the afternoon—it was broad daylight—I had a purse—the two prisoners came up to me, and Wilcox asked me the way to Grosvenor-street—I directed them, and White said "Yes, but we want to go to Hanover-square—my puree was safe about two minutes before that—they were very close to me, and I felt a hand sweep across my dress—I did not think of my pocket, but felt for my watch—the man was the closest to me, and I suppose it was his hand—they left me, and about two minutes afterwards I went to take my purse out, and it was gone—I had passed no other person—my watch was in this side pocket.
Cross-examined by MR. LILLEY Q. You say that it was about half past four o'clock; what was the day? A. Friday, 22nd October—I went straight to the police-station—I first went home to ask a friend to go with me, but not to see if I had left my purse behind me—I did not look for it—I am the Earl of Cork's cook—I saw the two prisoners at the Mary-le-bonne police-station on 13th December—I had given a description to the police in October—when I went I did not say it was a young man about nineteen years of age; I said about twenty-nine, and that his face was a little freckled—I did not say very much freckled—I come here with the truth—I said that the woman was rather stout and rather tall—I described her dress, but they have changed their dresses, and so have I—I described it as a sort of barege dress, with flounces and stripes, a Paisley shawl, and a bonnet with a fall—my pocket was in the seam of my dress—I had a black guard to my watch, and the key hung outside—the policeman did not show the prisoners to me at the station, but as soon as I saw them come to the door I knew them, before I spoke to any one.
COURT. Q. Then how came you to give such a deposition as this? (The witness had declined to swear to the prisoners when before the Magistrate.) A. I was in a very large establishment, and 1 thought it would be very inconvenient for me to attend, and so instead of losing my place, I thought it would be better to let them go, or else I could swear to the prisoners—the Magistrate asked me if I should like to have the man's hat put on, and he put it on, but I knew him without his hat—that was at the first examination—I had never seen them before 21st October, that I know of—they stayed by me about two minutes—they hesitated, and then said, "I beg your pardon, I want to go to Hanover-square"—I saw their faces—the woman had her fall down to her chin, but I could see her face not with-standing—it was a black lace fall.
Cross-examined. Q. When a charge is made against parties at your station, is information circulated? A. Sometimes; it was in this case, with a description of the parties—the description was not taken in my presence—I am a detective, and when information is given, I go in search of the persons—I received information and a description in this case from the prosecutrix—she described the man as twenty-nine or thirty yean of age—the prisoners were in custody at that time—a mistake of that kind, twenty-nine and nineteen, is often made—I mean to say that before I said anything about the age of the party, the prosecutrix said he was twenty-nine or thirty, or thereabouts, she could not be positive.
They were also both charged with having been before convicted.
(Policeman, L 1). I produce two certificates (Read: "Lambeth Police Court, December, 1857; Eliza White, convicted with Thomas Cross, on her own confession, of stealing a watch from the person. Confined Six Months")—the female prisoner is the person—I took her in custody, and was present—("Middlesex Sessions, November, 1851; James Johnson, convicted of stealing watches, bracelets, and other articles in a dwelling-house, he having been before convicted. Transported for Fourteen Years").
—COOMBS (Policeman). The male prisoner is the person mentioned in the last certificate—I was not present at his apprehension, but I attended to prove the former conviction against the other prisoner.
GUILTY.— Six Years each Penal Servitude.
OLD COURT.—Friday, February 4th, 1859.
PRESENT—Sir JAMES DUKE, Bart. Ald., and MR. RECORDER.
Before Mr. Recorder, and the First Jury.
WILLIAM HANCOCK . I am in the employ of Mr. Pritchett, a brush manufacturer—on Saturday, 22d May last, the prisoner came to our place—I did not know him before—he presented this order as coming from Mr. Harding (this was dated 31st May, and signed G. Harding, 15, White-street, Borough)—I had partly made up the order when Mr. Pritchett came in.
JAMES PRITCHETT . I came in as my foreman was supplying the goods—he handed me this order—I got the remainder of the goods together, and delivered them to the prisoner—he tied them up and took them away—I had not all the goods that were required—I said I would send the remainder on Monday, but before we had time to send them on the Monday, the prisoner came, a little before 9 o'clock, and said that Mr. Harding wished for the remainder of the order, as he was packing some goods that were going into the country, and they were to go on the top.
GEORGE HARDING . The prisoner was formerly in my employment—it is more than three years since he left me—this order is in his handwriting—it was not written by my authority—I never authorised him to receive any goods for me.
Prisoner. Q. What sort of character did I bear while with you? A. A very indifferent one—I was afraid to entrust you with anything—I am not aware that I entrusted you with sums of money to take to the bank—I have no recollection of it—you were with me more than three years.
COURT. Q. If his character was indifferent, how came you to keep him so long? A. He was an apprentice—he came as an errand-boy, and I took him into the workshop without any premium, and the very first time he got the opportunity of earning any money he started away altogether.
The prisoner was further charged with having been before convicted.
WILLIAM TURPIN (Policeman). I produce a certificate (Read: William Booker, convicted, Oct. 1855, at this court, of forging a request. Confined Six Months")—I was present at the trial—the prisoner is the person.
GUILTY.— Confined Eighteen Months.
MESSRS. MEW and LANGFORD conducted the prosecution.
ADAM TURNER . I live at 11, Wood street, Cromer-street, St. Pancras—I have been living there with the prisoner—on Friday evening, 31st Dec., a little after 7 o'clock, we had a few words about some money that I wanted of her to pay the rent with—she had been out drinking and spending it, and I took her cloak and went and pledged it—I can't exactly say what passed, I know it came to a quarrel—she said I had better go and get the cloak back—I said I should not—I saw her with a penknife in her hand, and I said, "If you attempt to lift such a weapon as that to me I will break your arm with the poker," and I took up the poker—I held it up to her and shook it—I afterwards sat down, it might be for a quarter of an hour or twenty minutes—my brother and two more young men were in the room, my brother's wife, another young woman, and the prisoner—one of the young women was drunk, and I told her if she did not go out of the room I would put her out—I went to the room-door to put her out, and the prisoner struck me with the knife in the ear—I can not say whether she struck me more than once—I was touched in the breast—I don't know how that got done, or how my rib got broken—I expect that was with the fall—my ear bled, I was taken to the hospital, and feinted—the doctor treated me—I am a costermonger by trade—I have been living with the prisoner about five weeks.
COURT. Q. Had you the poker in your hand at the time you were struck? A. I had just put it down—I went to turn the other female out—she was against the door—the money that I wanted was what the prisoner had got from the lodgers—I pledged her cloak because she would not give me the money, and then she took my jacket—I took up the poker because I saw the knife in her hand—she was holding it in her hand—I can't say whether she was cutting her nails with it, she might have been—I said I would break her arm if she attempted to use it—I did not attempt to strike her—my brother did not tell me to put the poker down—he told me to go and sit on the other side of the room—I did not push the prisoner down before she stabbed me—she was standing behind the young woman that I wanted to put out of the room—I do not know whether she thought I was going to hit her—she took my jacket while I was gone to pledge her cloak—she gave it to a Mrs. Weekly to take care of, and said she would keep it till I brought back her cloak—I have never been here before—I have never made any charge against any one before.
WILLIAM TURNER . I am the brother of the last witness, and live at 11, North Place—I was at my brother's place on the night of the 31st December, between 7 and 8 o'clock—I was there when he told the young
woman who was drank to go up stairs—she would not go—he went to push her out, and the prisoner struck him in the ear with a knife.
COURT. Q. Had there been any quarrel before this? A. yes; I went to the room between 5 and 6 o'clock—there were five or six of as there—we had all been drinking, and all of as were rather the worse for it—my brother took the prisoner's cloak and went and pledged it, and she told him he had better fetch it back again—he said he should not—she had the knife in her hand, and he told her that if she attempted to use each a thing as that he would break her arm with the poker—he picked up the poker—I told him to put it down, and he did so—we were quiet then for a short time—we went on drinking—then he went to put the young woman out of the room, the prisoner was behind her—I do not know whether she thought he was going to strike her or not, she put up her hand, and I heard my brother sing out, "Oh, I have got it," and I saw the blood.
WILLIAM ELDRIDGE (Policeman, E 85). I took the prisoner into custody on the night in question—I told her she was charged with stabbing Adam Turner—she said, "I am the woman that done it; I did it because he wanted to pledge my cape."
COURT. Q. Have you ever said that before? A. Yes; this is my signature to these depositions, what is stated there is correct.
Q. All that is stated here is, "I am the person that did it." A. "Because he wanted to pawn my cape," that was what she said—this was read over to me—there were no marks upon the prisoner of being hurt—there was a mark on the eye, but that had been done before, as she stated.
JOHN JAMES MACGREGOR . I am one of the house surgeons at the Free Hospital, Gray's Inn Road—on the night of the 31st December, the prosecutor was brought in with a wound in the ear—it extended along the base of the right ear, dividing the lobe—it was about two inches and a half long—he had also a small flesh wound in the right breast, and a fractured rib on the same side—the wound in the ear might have been inflicted with this knife—he lost a considerable quantity of blood—he has perfectly recovered now—I should say he was the worse for liquor when he came in—it was between 8 and 9 o'clock.
Prisoner's Defence. I asked Adam Turner to give me my cape that he took away, or the ticket, if he had pledged it; he said, if I asked him any more he would split my b—head with the b—poker; he then took up the poker to strike me, and his brother told him to put it down, which he did; then he came and struck me, and I fell down. I got up; he then was going to strike me again, and I lifted my hand (which had my penknife in, that I was cutting my nails with) to ward off the blow, and I cut him accidentally. I took away his jacket, and left it with Mrs. Weekly, not for the purpose of making away with it, but thinking he would give me my cape. That is all I can say, and leave my case in the hands of justice, who I hope will deal mercifully with me. (Signed) X AMELIA FRANKLIN, Her mark. P.S. I am not the only one that Adam Turner has been the means of bringing to Newgate, and I am very sorry I ever lived with him.
NOT GUILTY .
NEW COURT. Friday, February 4th, 1859.
PRESENT—Mr. Ald. CARTE; Mr. Ald. PHILLIPS; Mr. Ald. MECHI;
and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. BEST conducted the Prosecution.
THOMAS EVANS (Police-sergeant, G 22). I was on duty on Friday morning, 7th January, between 11 and 12 o'clock, in Victoria-street, Clerkenwell—I saw a truck coming down from Hatton Garden—the prisoner and a lad were with it—the prisoner was first walking by the side of it, and afterwards he was pushing behind—I followed the truck to Cow Cross-street—they stopped and left the truck, and the prisoner and his son, who had met them about a hundred yards before they got to Cow Cross, and a man who lives in Petticoat-lane, who had been walking on the pavement by the side of the truck, went into a public-house-the prisoner and his son went in first, followed by the other man—I went in and told the prisoner I belonged to the police, and I said, "Are those goods outside on the truck, yours?"—he said, "Yes"—I said, "Where did you get them from?"—he said "From home"—I said, "Where is that?"—he said, "In Brook-street, Brook's Market"—I said, "What are they?"—he said, "Cuttings"—I said, "What cuttings?"—he said, "I don't know"—I said, "Where are you going to take them to?"—he said, "To Petticoat-lane"—I said, "Where there?"—he said he did not know; he had been hired by a man named Aarons to take them there—"I said, "Where does Aarons live?"—he said, "In Brook-street; he keeps a marine-store dealer's shop close to where I live "—I took him into custody, and his son: his son was discharged—I took the trunk to the police-station, and examined it—it contained two whole pieces, of carpet, and some small pieces.
Cross-examined by MR. SLEIGH. Q. Are these wrappers what the carpet was wrapped in? A. Yes; and the small pieces were wrapped up—the prisoner gave his name and address correctly—I found a person named Aarons—I don't know where he is now, he has left.
EDWIN ALLEN HUMPHRIES . I belong to the firm of Humphries and Co.; there are three partners—they have a manufactory at Kidderminster, and their business is carried on at No. 47, Snow-hill—these carpets are ours, and this pattern corresponds with them—here are ninety-one yards of carpet, two whole pieces; these pieces were in our possession on 6th January.
JOHN DONOVAN . I am foreman to Messrs. Humphries—on Thursday, 6th January, I received two trusses of carpet—one contained two pieces, and the other four—they were delivered to me, and left outside the door—the truss with the two pieces was stolen.
SARAH HYAMS . I know the prisoner—on Thursday evening, the 6th January, about 9 o'clock, he brought two pieces of carpet like these small pieces—he asked me where my husband was—I said he had just turned his back—he said he had some carpet cuttings for sale, and he said, "I sold you some some time back"—I said, "In this house?"—he said, "No, the other house, and you gave me 1s. 0 1/2 d. a lb."—I asked him what he wanted for these—he said not less than 1s. 2d.—I said I would not have it, I could have it at 1s. 1d. in the regular way, in the open market, and unless I could have them of him at 1s. 0 1/2 d. I would not have them—he left the patterns
and came next morning—I was in the parlour, he saw my husband—I believe he took the patterns away—I did not go into the shop.
Cross-examined. Q. Is 1s. 0 1/2 d. a pound a fair price for these? A. Yes, we buy them at the dearest market at 1s. 1d.—we never buy whole pieces of carpet, it is not likely—he said he had got about 1 cwt. and a quarter.
JOSEPH HYAMS . I am a slipper maker, at 31, Middlesex-street—when I came home on Thursday evening, 6th January, I found these patterns in my house—the prisoner called on me the following morning, and asked me whether I had seen the patterns of carpet he had left the previous evening, and whether I could afford to give him 1s. 1d. a pound—I told him No; and said that was not a fair sample for a cwt. and a quarter—I had some on the counter, and I showed him the difference of the size and width—I asked him if there were any like them—he said, "No"—I asked him if they were this size or that size—I took his pieces and asked him if they were the pieces he left—he said, "Yes"—I asked if what he brought was a fair sample of what he had, and whether any were smaller than those he brought—he said, "No, none smaller, these are the worst"—he then said he had a friend waiting for him—he went out—I waited, he was gone about two minutes, and then the friend returned with him—that was Mr. Aarons—Mr. Aarons left, and the prisoner wanted me to go with him to see the carpet—I went with him to a cellar at the bottom of Brook-street, and he showed me two rolls of carpet—I said, "Very bad carpet cuttings these"—he said, "Are they not better than cuttings?"—I said, "They may be better, but I won't buy them"—I went from the cellar another way to a parlour, a small room with a bed in it—there I saw Aarons—he then showed me this other article, and a piece of blue cloth, and asked me if I would purchase them—I said no, they were out of my line of business, I would not buy anything of the kind—I left the two patterns with the prisoner—the rolls of carpet corresponded with them.
Cross-examined. Q. Does Aarons keep this place in Brook-street, where you went to? A. Yes—I know nothing of him now—I had seen him before—he keeps a shop at the bottom of Brook-street—I said they were carpets, and that I did not buy carpets—they were not unrolled in my presence, or unpacked, at any time—I said, "I don't deal in carpets, only cuttings"—I don't know that I have said that before—I suppose I was visible for a week after this matter—I did not attend at the Police Court on the first examination; not till I was summoned—a woman came down in the cellar at the time I was looking at these pieces, and she walked up again—she was Mrs. Aarons, but I did not know she was Mrs. Aarons before—I knew the man and the woman by passing the house—I don't know that I was twice in the house before in my life, though I have bought things of him at the door.
MR. BEST. Q. Did you ever buy any carpet cuttings in rolls like these? A. No; these are not cuttings.
Cross-examined. Q. Had you bought cuttings of the prisoner before?
A. Yes, once.
GUILTY — Confined Nine Months.
THIRD COURT. Friday, February 4th, 1859.
PRESENT—MR. ALD. GABRIEL; MR. ALD MECHI; and MICHAEL
PRENDERGAST, Esq. Q.C.
For Cases tried this day, see Kent Cases.
Before Mr. Common Sergeant.
PLEADED GUILTY .**— Confined Six Months.
Before Mr. Recorder.
JESSY LUCAS . I am the wife of James Lucas, and live at 4, Hoy-street, Plaistow—I know the prisoner by sight; she came to our house on the 23d of November, about a lodging, with a woman of the name of Parker—she went into the back room—I did not see her go into any other room—she was in the house about ten minutes—she came into the room where I was, and then went down stairs again—next day I missed some things—they must have been taken between 10 and 3 o'clock—they were quite safe at 10, and were gone at 3—I missed a coloured dress, two coats, a pair of trousers, and a silk handkerchief—this dress (produced) is one of the things I missed.
EDWARD GMBLE (Policeman, K 49). I received information of this robbery on the 25th, and went to Mr. Darlow's, the pawnbroker, and gave information there to the witness Hall—I afterwards took the prisoner into custody, on the 17th January—I found on her sixty pawn-tickets, among others one relating to a dress—I asked her how she accounted for that gown that was pledged at Mr. Darlow's, for 4 shillings, on the 14th November—she said she had bought the ticket nine months previously, and that she went and pledged the dress that night—about half an hour afterwards, at the station, she said she had bought the ticket, with another, that morning.
Prisoner. I did not say anything about buying the ticket nine months before. Witness. Yes, you did; Mrs. Lucas was by at the time, and her husband, and several other persons.
Prisoners Defence. I bought the ticket of a woman in the street—I gave her 9d. for two tickets.
GUILTY *— Confined Two Months.
MR. LILLEY conducted the Prosecution.
WILLIAM BARBER . I am a seaman, and lodge at No. 14, Victoria-dock-road, West Ham, next door but one to the Lord Nelson public-house—on the evening of 13th January, I went into the Lord Nelson—I can't exactly Ray the hour—I had my watch in my right-hand waistcoat-pocket before I went in—I saw the prisoner there, and two or three more, standing or sitting about the bar—I called for some drink and paid for it—I do not recollect doing anything with my waistcoat—I had had some drink that
afternoon before I went in there, and was rather the worse for it—I saw my watch next day in possession of Cliff, the policeman.
Cross-examined by MR. SLEIGH. Q. What o'clock was it when you went into the house? A. I cannot remember, nor do I remember when I came out—I know I called for half a pint of gin and half a pint of rum, and I partook of it—I don't think I was fighting—I dare say I might be larking—I don't remember taking my waistcoat off—I came to myself about 1 or 2 o'clock in the morning—I had not got my waistcoat on then—I have no notion how it came off—I was then in bed at my lodging—there were several people in the public-house—I do not know who they were—I had some money in my pocket—I found that afterwards in the landlord's possession; he had taken care of it for me, and he gave it back to me a day or two afterwards—the money was in my trousers pocket.
CHARLES MORGAN . I am landlord of the Lord Nelson public-house—on the night of 13th January, I saw Barber and the prisoner at my house about twenty minutes past 6—there were five of them together, four dock officers and Barber, all in front of the bar—I left the bar in charge of my wife for about three quarters of an hour, and when I returned, I saw Barber take his waistcoat off and put it on the floor—the prisoner picked it up and held it for some time, and then Barber put it on again—after a few minutes he took it off again, walked into the taproom, and laid it down there—I desired the parties to bring it to me, which they did—soon afterwards, they all left the house—in consequence of something my brother" told me, I went off immediately to the constable Cliff—(my brother had taken Barber home), Cliff came, and I gave him information—I had 7l. 19s. 6d. of Barber's in my possession—he did not appear to be in a, fit state to take care of it—he laid his purse down on the counter, and I thought it would be better for me to take it, as he lived only two doors off—I put the money out on the counter, so that the persons who were there should see what there was—I restored it to him as soon as he was in a fit state to take it.
Cross-examined. Q. I believe they were all very drunk? A. Barber was—the prisoner had had something to drink, but was decidedly not drunk.
THOMAS CLIFF (Policeman K 355). About 8 o'clock on the evening of 13th January, Mr. Morgan gave me some information with respect to a watch, in consequence of which, I went with a dock officer and Mr. Morgan's brother to the prisoner's house—I found him at home, and asked him if he knew anything about a watch, or if he had seen a watch, belonging to the party that he had been in company with at the Lord Nelson public-house, for there was one missing—he said that he had not seen one, and did not know anything about the watch, d—the watch—I listened and heard a slight ticking noise in the room—I listened all round the room until I came to a chest, and on the floor underneath the chest, which was standing on four legs, I found this watch (produced)—it was ticking when I found it—I asked the prisoner how he accounted for the watch being there—he said he did not know, be knew nothing about it—on the way to the station, he said he recollected taking the watch out of the prosecutor's pocket and putting it into his own, and he forgot all about it.
Cross-examined. Q. When was it you went to the prisoner's lodging? A. About twenty minutes past 8 the same evening—he was tipsy and sick—there was a candle in the room—the prisoner is a constable at the Victoria dock and lives in the neighbourhood.
MR. LILLEY. Q. Was he able to know what he was about? A. I believe he knew what he was doing and saying when he answered me.
WILLIAM BARBER (re-examined). This is my watch.
The prisoner received a good character.
NOT GUILTY .
FORD— PLEADED GUILTY .**— Confined Twelve Months.
RICHARD WHETSTONE (Policeman, N 129). On 14th January between 8 and 9 at night, I was on duty in High-street, Layton, and met the two prisoners walking together—Ford was carrying a bundle on his head, I stopped him and asked what he had there—he made no reply—I got bold of him, and as soon as I did, Hall ran away—a mounted constable came along, and he followed and took him, and both of them were taken to the station—I found a quantity of lead in the bundle—I afterwards compared it with some at the prosecutor's premises, and it corresponded.
ROBERT DAWLING I am a groom in the employ of Mr. George Walker—I saw this lead compared with some on our premises—I can't say how long before I had seen it safe—I had seen the prisoners on my master's premises It few days before—one was in the field, and the other outside the gate—and I saw them both together on the day in question about 3 in the afternoon, and again about 5.
HALL— NOT GUILTY .
PLEADED GUILTY .**— Four Year's Penal Servitude.
Before Michael Prendergast, Esq. Q.C.
MR. BEST conducted the Prosecution.
JOSEPH WAITES I am a draper of High-street, Woolwich—on Thursday, 20th January about 3 o'clock in the afternoon, I had four pairs of trowsers hanging to a piece of tape outside my shop—I missed one pair about 5 o'clock; about half-past 7 I heard a wrench, ran to the door, and missed another pair—they were worth 7s. 6d. or 8s. a pair.
JOSEPH HUGHES . I am a labourer of Woolwich—on Thursday afternoon, 20th January, about 4 o'clock, as I was passing Mr. Waites' shop, the prisoner went up, took the trowsers, and put them on his knee, saying, "I do not care, neither do you"—I do not know whether he spoke to anybody or not—I am certain he is the man—I have seen him before several times.
JAMES POTTER . I am a labourer of Woolwich—I was near Mr. Waites' shop on 20th January, about 7 o'clock, and saw the prisoner take a pair of trousers, fold them up and go away with them—I am sure he is the man.
GUILTY .— Confined Three Months.
MR. DOYLE conducted the Prosecution.
ALFRED JOHN CROUCH (Policeman, R 92). On Saturday evening, 22nd January, I was in Guildford-street, Greenwich, in plain clothes, about half-past 7 o'clock, and on passing the Guildford Arms, I saw a horse and cart at the door—I looked into the house, and saw the prisoner Adams leaning on the bar reading a newspaper—I walked into South-street, Devonshire-road, and in a quarter of an hour or twenty minutes, I saw the same horse and cart draw up in front of some unfinished houses, which I knew to be Mr. Fleay's—there was nobody with the horse and cart—I walked by it, and just as I got by, I heard footsteps behind me, and saw Shread come from one of the houses with a stick in his hand, smoking a pipe—knowing that there was a watchman there, I thought he was the watchman—he came up and looked me in the face but did not say anything—I went away and returned on the opposite side, and when I got past the cart with my back to it, I heard something fall in the cart, and saw Adams in it pulling at something, and a man with his back towards me pushing something into the cart from behind—they then went into the house—Shread was standing just where I left him, about thirty yards from the horse's head, still smoking a short pipe—a man whose face I had not seen, came out, brought out some lead, and shot it into the cart—I then saw his face, it was Walker—I am sure he is the same man who went into the house—he had something on his shoulder wrapped up in bass matting, but I did not know what it was then—I stepped into the road, and immediately heard a whistle which I believe came from Shread—Walker then ran through the house—Adams jumped out of the cart with the whip in his right hand—I pursued him; and finding I could not catch him, I made a feint after Shread who was walking away, and immediately I did so, Adams got into the cart again—he took the reins in his left hand—I ran to the back of the cart and said, "Pigeon is it" meaning lead; "if you attempt to drive off, I will knock you down," drawing my staff—he immediately jumped over the side of the cart, ran away, and I saw no more of him—I had seen him at the public-house—I am sure of him—the lamps were at some distance apart—I then took Shread, and said "Halloa, Mr. Watchman, what game are you after?"—he said, "I am not the watchman, I do not know the watchman; I have been to Mr. Jennings with an estimate for work"—I told him that I should detain him—a lad and a girl came across the road and said, "That is one of the men I saw in the house half an hour ago"—Shread said that he was not in the houses at all—I examined the cart at the police-station, and found these two pieces of lead, and two other pieces—I afterwards went back to the house and found another piece rolled up ready for removal in a piece of bass, weighing one cwt.—those in the cart weighed two cwt.—I have been on the roof and seen where they came from, but did not see the plumber fit them.
Cross-examined by MR. LILLEY. Q. Although these are new houses, is it a frequented road? A. Yes, there are houses on the opposite side of the way, and on both sides—I have been stationed there five years, in plain clothes, but know nothing about the parties employed in these houses—the public-house is about 400 yards from South-street—I did not know either of the prisoners before—I have been to Shread's house since; it is, Cumber-land Cottage, Brixton—I went to Mr. Jennings the same evening and found that Shread had been there—I was sent there by the inspector to inquire whether he had been there.
Cross-examined by MR. BEST. Q. How long were you in the public-house? A. I did not go in—I peeped in through the door—I was in my ordinary dress, that is not a policeman's coat—I have got three or four dresses—it was a dark night, but there were four lamps in front of the public-house.
MR. DOYLE. Q. Did you lose sight of Shread at all from the time you saw him looking on, till you took him? A. No; he had still got the pipe when I took him—he smoked it all the way down to the station-house.
GEORGE SIMMS . I live at 2, Coldbath, Greenwich—I was at work at Mr. Penn's factory about half-past seven that evening—I was in South-street, Greenwich, near the new houses, and saw Shread going into No. 5, with a bass bag on his shoulder—I did not know him before—I went half-way across the road, and saw him—I was then about ten yards from him, and took notice of him—this is the sort of bag; it is rather worn—I am quite certain he is the man—when I came out, I saw Walker—there was a cart there then—Shread was about five yards from it, with a stick in his hand—I did not notice whether he was smoking—I saw his face—the lead was put into the cart, and a policeman came across the road, and said, "Halloa, what have you got here? it is lead"—Adams went round the horse's head from the house, and got up into the cart—the policeman said, "If you dare to drive that horse, I will knock you down"—Adams then jumped out of the cart, and I saw Walker run through the house—I had seen Walker come out of the house with a load, which afterwards turned out to be lead—I saw Shread at that time about five yards from him, walking slowly away—he was about two yards from the cart, with his back to me at the time Walker was bringing out the lead; he was behind Walker but not looking at what he was doing—this looks like the bag that I saw Shread go in with.
Cross-examined by MR. LILLEY. Q. Where was the policeman when Shread went in? A. There was no policeman there—I stopped by the premises a little—I was going to pay my bank, and had got my pass book with me—I did not say anything to the policeman—I was on the opposite side—a girl was with me who lives next door but one to me—she is about my age—she was going to Greenwich—she is not here—I told the policeman that I saw this man go into the house half an hour before with a bag on his shoulder—I attended at the police-court the same night—Saturday is the usual evening for the savings-bank being open—I had not seen either of the prisoners before—no one told me what to say at the police-court—I knew the policeman before—he had not set me to watch.
Cross-examined by MR. BEST. Q. Had you and the policeman talked the matter over? A. No; he spoke to me, and I said, "I saw this man go into the house"—he did not know me; but I had seen him before—I gave him my address—I saw one of the prisoners at the station that evening, and another on Monday about 1 o'clock—I saw Adams last Monday; that was about nine days after I saw him with the cart—it was at the police-station.
MR. DOYLE Q. Did you see Shread, and then go to the bank and transact your business and see him again on your way back? A. Yes; Walker came out with the lead before Adams got into the cart—I only saw Walker go in once.
JOHN GOSS FLEAY . I live at 4, Lavender-terrace, Wands worth-road, and am an independent gentleman—I am building nine houses in South-street, Greenwich—I engaged Walker as a watchman, to take care of the unfinished houses night and day, and paid him 24s. a week—Shread has been in my employment as a bricklayer, and Walker told me that Shread was his father-in-law
—it was through Walker that I engaged shread—I never authorized any of them to remove lead from the houses. The police came to me—I examined the houses, and found the lead taken from the gutters of several houses, to the amount of fire or six hundred weight—here is about three hundredweight, which is worth about 3l.—I did not see it fitted; but it corresponds exactly in weight and thickness with the other gutters.
JAMES WALSH . I am a plumber—I did not make these gutters, but was called to examine them—I measured them, and they corresponded with the lead—there are no edges, because they take half gutters up without cutting—I did not put them down Again because they were too heavy to get through the trap-door on to the roof—one end was turned up and the other down—they correspond in length, width, height, and weight—the lead is five pounds to a foot, and that on the roof is the same—I did not examine to see if the nail holes corresponded—supposing this lead was stretched out, it would cover the whole of the place which had been stripped—the gutter is in two pieces, joined in the middle: one piece comes over the other, and this is one half of the gutter—this would make it complete—about half a ton altogether was removed.
Cross-examined by MR. LILLEY. Q. Would it not cost much time and trouble to lay the gutter? A. Yes; but not to take it up—one of the pieces is whole, the other broken—5-lb. lead is in very common use, and this sort of gutter is common.
COURT. Q. How long did it appear to have been taken off? A. A few days—I commenced relaying it on Tuesday—there was rain on the Sunday—one end of the gutter is two feet wide, and the other two feet three inches, and this lead corresponds with that width—this is from the top side, near the parapet wall—the gutter runs from front to back—I have made good the damage done.
MR. DOYLE. Q. Did you notice the trap door and the ceiling near it? A. Yes; there was a great hole in the ceiling by the trap door, as if a man's foot had been through.
JAMES WESTBROOK (Policeman, R 114). On 26th January, I was at the Greenwich police-station—Adams came in, and was asked by the inspector what he wanted—he said that he came down about bringing a horse and cart to Greenwich—I said, "The horse and cart that was brought from South-street on Saturday night?"—he said, "Yes"—I told him he would have to be taken into custody—he said, "I brought the horse and cart up in front of the house, and after being there a few minutes, the watchman brought something out, wrapped in bass, and put it in the cart; I got up, saw that it was lead, and told him I would not have come there if I had known he had been there; a man came up, who said he was a policeman, and I got out of the cart, and walked away"—he also said he was very uneasy, and wished to give himself up.
ALFRED JOHN CROUCH (re-examined). The name on the cart was, "William Blount, Southampton-street, Camberwell"—the cart has been given up to Blount—I do not know what Adams is, and he said that he was at work for Mr. Naylor, a plumber, up to 4 o'clock that afternoon.
MR. BEST (to G. G. Fleay). Q. How many men were employed there? A. None, at that time; but there had been a month or more before, and the painters' pots were all left there, as the contractor, William Parker, became a bankrupt.
up to you"—I said, "What for?" he said, "For a robbery, which was committed in South-street, Greenwich, on Saturday night"—I took him to the station—he said there that a man came with a cart, about 7 o'clock on Saturday evening, and said he had come for something—he went into the house, found something wrapped up in matting, brought it out, and helped the man to load the cart, but did not know who the man was, and should not know him if he saw him—he also said, "I understand they have taken my father-in-law into custody"—Shread is his father-in-law.
GUILTY .— Confined One Year each.
MR. BARRY conducted the Prosecution.
MARY ANN MACKIE . I am the wife of Francis Mackie, of 8, Hyde-place, Royal Hill, Greenwich—he is on the Stock Exchange—the prisoner was in my employment as charwoman occasionally, from May, 1858—I had a servant there for six weeks—when I wanted extra labour done I had the prisoner for two or three days a week—on 1st November I left her in the house, and after that I began to miss pocket handkerchiefs—I missed twenty-four silk handkerchiefs, and then gave information at the police-station.
THE COURT reminded MR. BARRY that the prisoner had stated that she took the handkerchief found at her house, to carry home some cold meat in, which she could not carry without something to put it in, and MR. LILLEY, for the prisoner, stating that she had a 36 years' good character, MR. BARRY with-drew from the Prosecution.
NOT GUILTY .
PLEADED GUILTY .— Confined Three Months
MR. LANGFORD conducted the Prosecution.
BENJAMIN LOCEY . I am servant to Colonel George Erskine, of No. 1, Field Officers' Quarters, Woolwich. On the night of the 17th November, I saw this set of harness safe at 7 o'clock, in the coach house, of which I have the care—on the 8th, about a quarter-past 6 in the morning, I missed the harness—it is Colonel Erskine's.
GEORGE BRYANT . I am a sadler, of Chapel-place, Belgrave-square—on 18th November, the prisoner came to me and said, "I see you are advertising for harness"—I said, "Yes"—he said, "Will you purchase a set?"—I said, "Yes, if I see it previously"—he said, "What is your price?"—I said, "I cannot say till I see it"—he said, "I will forward it to you"—on 20th November, this letter (produced) arrived by post, and on the evening of 20th, a hamper arrived directed to me, and the day after, or two days after, I was at Aldridge's Repository—but previous to that I wrote a note to him offering a sum of money for the harness—he came to me at Aldridge's, and said, "I am the party that sent you the harness from Woolwich," and produced the note which I had sent to him, offering 2l. for the harness, and I paid him 2l. for it—he said that it was his property, and that he had sent me the letter previous to sending the harness; and he said he hoped I
would give him the full price for it, as he had stated in the letter—(Read: "November 18th, 1858. Sir, I forward you a single set, I expect you will remit the full value, the highest market price—Yours, Geo. Wilson, 10, Market-place, High-street, Woolwich.")
JOHN LARKING (Policeman, R 192). On 23d January, I took the prisoner in custody, and told him the charge: he said nothing—on searching him, I found these three padlock keys (produced), a box of lucifers, a piece of candle, and a quantity of paste, which is very often used in case of entries where they have to break glass, they paste a piece of paper over, and it makes no noise—the keys fit the door that Mr. Hammond's stable was fastened with, but did not fit Colonel Erskine's stable.
MR. LANGFORD conducted the Prosecution.
GEORGE HAYLOCK . I am servant to Mr. John Hammond, a victualler, it the Star and Garter, Woolwich—in September last I missed some harness from the stable—I cannot say the day; it was the night before Newell the policeman came—the harness was safe at 11 o'clock at night, and I missed it in the morning, about 10 minutes past 7—this is it; it is Mr. Hammond's property—I have used it three times—it had been in the stable about a fortnight—here is a mark on it where I cut it three days before, because it chafed the pony's ears.
JOHN NEWELL (Policeman, R 59). On the morning of the 16th September, I went to Mr. Hammond's stable—I found no marks on the door, the lock must have been undone with a key—about the 25th I went to Mr. Kemp's shop and received the harness—I saw some keys fitted to the lock by Larkin, and they fitted—this padlock (produced) is similar to it.
EDWIN HEMP . I am a harness maker, of Epping-place, Mile End-gate—on the morning of 16th September, about 11 o'clock, the prisoner came to my shop, and asked if I was the buyer of a set of plated harness—I said, "No, but I know a party who wants one"—he said he was not going direct home, but would call again for me to go and look at it; but about 1 o'clock he brought it, and asked 50s. for it—I got some money and bought it of him for 2l. 5s.—it was in a dreadful state, all over dirt and mud, and flour—I do not think it had been dirtied in the usual way of business—when I cleaned it up I found that it was more valuable than I thought—I went to see whether the prisoner had given me the right address, and finding that he had not, I communicated with the police.
JOHN LARKING (Policeman, R 192). I took the prisoner on 23d January, on the other charge—I found three keys on him (produced)—I went to Mr. Hammond, who directed Haylock to give me the padlock; this key locks and unlocks it.
GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant
MR. ORRIDGE conducted the Prosecution.
door to me, and through her recommendation I took Stow into my service—she left on Easter Tuesday without notice, in a very sly manner—I made a search and missed some window curtains, a set of bed furniture, and other articles (produced)—these are some of them, but only a small part of what I lost—these were all in my possession when Stow was with me—they were all found in Mrs. Woodhouse's house, excepting this table, which she had sold, and this small lamp—I found the table at Mrs. Kennard's, next door to Mrs. Woodhouse's—I went there before I went to Mrs. Woodhouse's, and in consequence of something she told me, I went to Mrs. Woodhouse's, on a Tuesday, about three weeks ago, about 11th January—she came to the door and said, "Oh, what is it?"—I said, "I wish to speak to you, Mrs. Wood-house," and was going into the front room, where the curtains were—she said, "You shall not go into that room"—I said, "I will; this is the room I wish to go into"—I made rather a push to get in, and saw my rug and carpet and curtains—I said, "You wicked woman, this is quite sufficient to transport you; I hare lost many things, and where did you get that table you sold Mrs. Kennard?"—she said, "I got them all from Lizzie's don't expose me, don't expose me; are they not better down in my house than in a rag and bone shop?"—I said, "I never intended them for a rag and bone shop; I am not in the habit of sending tables and carpets to rag and bone shops; Mrs. Kennard has paid you more for it"—she said nothing to that—the things had all been in Lizzie bed room in several large boxes—I searched Woodhouse's house with an officer, and found my bed furniture between the bed and the mattress—I had never given any of them to Lizzie, and she had no right whatever to take them—Mrs. Woodhouse lived next door to me all the time, and her family live there now—she and my servant were, I believe, very intimate.
Cross-examined by MR. LAWRENCE. Q. How long did Stow remain in your service? A. Three months; she left on 6th April—she was found at Poplar—I knew that her grandfather lived there—she is an orphan, and was living with him when she was apprehended in January—I had sent a message to her, a few days after missing them, that if she would restore me one half my property, I would forgive her—I firmly believe I never sent her to sell things at a rag and bone or marine store dealer's—I might have sent her with some waste paper, but no bottles—a man came to the house, and bought them of me—I am a widow, and have a very small income to live upon—these are mere paltry things, the, other things, were valuable—only my son and myself were in the house—I accused my former servant of stealing things, but only of what she did take—all these were in my possession when Lizzie came.
Cross-examined by MR. SLEIGH. Q. Have you lived there some time? A. Two or three years—Mrs. Woodhouse has lived next door, to me about eighteen months—I seldom or ever spoke to her—I found these bed curtains hanging up in the room—the whole of these articles are perhaps not worth five shillings, but still they are mine, and I did not give them away.
MR. ORRIDGE. Q. Did you ever send her with these things to Mrs. Wood-house to sell? A. No.
Cross-examined by MR. SLEIGH. Q. Was that the full value? A. I think I paid more than the value.
to me by Woodhouse eight or nine months ago—she said, "I hare a little lamp here, if you like to have it."
Cross-examined by MR. SLEIGH. Q. Did she tell you it had been given to her? A. No; she lives close to me—Mrs. Collington has said that she could not swear to the lamp.
MR. SLEIGH to ISABELLA COLLINGTON. Q. Do you swear to that lamp being your property? A. I can—I did hesitate at first, but only on, account of it having been trimmed with camphine, which is sticky stuff, by my husband—we used at first to trim it with sweet oil—I am certain it is mine, you cannot talk me out of it—Mrs. Woodhouse has entered my house—she came to recommend Stow, and once since—she was down stairs in the parlour.
MR. LAWRENCE. Q. How do you know this table? A. Because my husband put this piece of wood on it—I saw him do it—if I have sent Stow with things to sell it was only waste paper, I believe—I did not send a piece of carpet or a curtain for sale by her, nor anything of the sort—I never sent her to Mrs. Woodhouse, to ask her to buy certain articles—we had two old tables, and she said, "Mrs. Woodhouse wants a table, and if you like I will offer it to her," and the second time Mrs. Woodhouse came to my house was to see the two tables, but she did not buy them—I sold them to a marine store dealer afterwards.
CHARLE FOREMAN (Policeman, 74 R). On the 12th January I was called to take Woodhouse—I went with Mrs. Collington to No. 3, Edward-street, into the front parlour—the curtains had been taken down from the window, but I found them on the table—Mrs. Collington identified them and the pieces of carpet and hearth rug—Woodhouse begged she would not expose her, and said that they were old things—took her to the station—I went back, went up stairs, and in the back room I found this scarf in a box, and the bed furniture between the mattrass and the sacking—I went to Poplar and took Stow on 14th January—I said, "I have come from Mrs. Collington, and I suppose you know what about"—she said she did not, and I said, "Some things have been found in Woodhouse's house, and she states that she had them from you"—I named the things, window curtains, bed curtains, and rugs, and she said that she had not had them from her, but she had had eatables and drinkables, and a few pieces of wood now and then, but never any of these things—I took her to the station, and she stated there in my presence, that Mrs. Woodhouse had none of those things from her—the table was at the station, and was named, and she said that Mrs. Woodhouse had not had it from her.
Cross-examined by MR. SLEIGH. Q. Is not that rather a mistake of yours? A. I made a mistake before the Magistrate; I had another case on—Stow at first said that Mrs. Woodhouse had not had any of the things from her, and she afterwards said that she had, with the exception of this scarf and this lamp, which she said she had not had from her.
Stow's statement before the Magistrate was here read as follows:—"I gave her some pieces of chintz that were torn, without any intention of stealing them, thinking they were of no value—I did not give the lamp—the table was broken, and was in the wood-shed, and I gave it to her for firewood—mistress was in the habit of selling several things while I was there.
Jury to MRS. COLLINGTON. Q. Did you miss anything while Stow was in your service? A. No—the property I have lost altogether is worth 18l. or 20l. Woodhouse received an excellent character.
NOT GUILTY .
Before Mr. Baron Watson.
MR. BEST conducted the Prosecution.
SARAH FABLING . I am in service at Perry-hill, near Sydenham. On Thursday, 18th November, about 4 o'clock, I was coming from Catford-bridge towards Ladywell, Lewisham—I went across a footpath there—as I came to the third stile I saw the prisoner sitting on it—he got off the stile and came towards me, and when he got close to me he drew a thick stick from under his coat, and said "I demand what money you have"—he flourished the stick over me—I said "Oh, yes, you shall have my money"—I gave him 4s. and 3d. or 4d. worth of half-pence—he then threw my cloak over my shoulders and searched me all over my bosom for my watch—he said "Where do you carry your watch?"—I said "I have no watch"—he said "Then let me look if you have not," and he searched me all over—he examined my pocket—he also tried to throw me down—he would not let me turn back again, but made me go on the way I was going, and he went the other way—I went on for about a mile before I came to a house, and I went in there—I am quite sure he is the man.
Prisoner. In the indictment I am charged with striking her—I did not strike her. Witness. I did not say you struck me.
284. FREDERICK JOHNSON (41) was again indicted for a robbery with violence on Amelia Vince Taylor, and stealing a purse, a postage-stamp, and £1 0s. 9d. in money, her property; also for a robbery on Catherine Gilbert, to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
Before Mr. Recorder.
MESSRS. BEST and LANGFORD conducted the Prosecution.
ROBERT URQUHART . I am a corporal in the Royal Marines. On Tuesday evening, 18th January last, about 12 or a little after, I went to a coffee-shop kept by Mrs. Masters, in Church-street, Woolwich—the prisoner Moon was there—I had a tobacco-box in my pocket, containing an Arctic medal and two sovereigns—I fell asleep there for about an hour or an hour and a half—when I awoke my tobacco-box was gone—I gave information to the police—I saw a woman named Bowden in the room while I was there—when I woke up I told Masters that I had been robbed of a tobacco-box containing a medal and two sovereigns—she said, "I know nothing about it."
Cross-examined by MR. SHARPE. Q. Where had you been before you went into this coffee-shop? A. To a public-house called the Canterbury Hall—I had had two glasses of rum-and-water there, and before that I had two glasses of ale at the Black Eagle—I went there about 8 o'clock—I had not been to any other public-house, or had any beer or spirits before—I had a basin of soup at Mrs. Masters', no beer or spirits—I dare say I was there three-quarters of an hour before I went to sleep—it was past 2 when I awoke—Moon and I went into the house about the same time—we went in together—I had been speaking to her in the street—she is a woman of the town—Bowden was close to her the whole time—there were a number of people in the place, men and women—I believe some of them were prostitutes—when I woke up and missed my box, neither Moon nor Bowden were there—the only person I saw was Masters—Bowden is a woman of the
town—I had had my box out of my pocket in the course of the day—I had 7s. or 8s. in another pocket—I had changed a sovereign previous to leaving the barracks—I had the silver loose in my jacket-pocket—the last time I saw the medal and the two sovereigns in the box was just before I left the barracks, when I opened it to take the sovereign out—I did not open it afterwards—I am quite sure I told Masters that I had lost the medal as well as the two sovereigns—I was not the worse for liquor—I was sleepy, but not from liquor—I had just landed from a ship, and had had no rest for two nights.
MARY ANN BOWDEN . I am single, and live at 5, Martha's-passage, Woolwich—on Tuesday night, 18th January, about 12 o'clock, I was at Mrs. Masters' coffee-house—I saw the prosecutor there—he was there when I went in—I sat down by the side of Moon—the prosecutor was next to her—he was asleep with his head on the table—I saw Moon put her hand into his pocket and take out a brass box—she then got up to go, and Masters came out into the passage and asked her to give her the box to mind till the morning, and she had it—she took care of it—it was shut—I saw Moon leave the house, I went with her.
Cross-examined. Q. I believe you are what is called an unfortunate girl? A. Yes—I did not see the medal—Moon did not open the box after she took it—she gave it to Masters—I was close to her—I saw her take it—the policeman afterwards came to the house where I live, and took me down to Mrs. Masters—I heard a girl there say that the medal had been taken by Moon, and Moon said that was true—I received 3s. from Moon, but I did not know where she got it from—I don't know what it was for: she gave it me, I thought perhaps it was to mind for her—I never told any one it was part of what she had stolen from the prosecutor—I did not mention this occurrence to any one until the policeman came to me next morning.
JOHN NEWELL (Police-sergeant L 59). From information I received on the evening of 19th January last, I went to Masters' coffee-shop about 5 o'clock—I saw Masters and Moon there—I told Masters that I had been given to understand that there had been two robberies committed in the house the night previous, and that I was a police-officer come to inquire about them—after some conversation, a girl in the house said it was not Mrs. Masters that took it, it was the girl Moon—I said to Moon "Is that true?"—she said "Yes, I took it and gave it to Mrs. Masters"—Masters said "Yes, I have got the medal, and here it is in the till"—and she immediately gave me up the medal, and I left the house—I said to Moon "What did you do with the box?"—she said "I gave it to Masters"—Masters stoutly denied ever seeing it; she said she had never seen anything of the kind—I told her I should call next morning, which I did, with the witness Bowden and Moon—I then asked them in Masters' presence whether the statement they had made was correct, that she (Moon) had taken the box and given it to Mrs. Masters—Moon said "Yes, it is true," and Bowden said "Yes, I saw her give it to her"—I then took Moon into custody, and told her she was charged with stealing a brass tobacco-box, two sovereigns, and a silver medal—I took her to the station—about 3 o'clock in the afternoon, I went to Masters' house and told her she would have to accompany me to the station, which she did—I told the inspector what had occurred, and he said he must charge her with receiving the property—she said she knew nothing about it, she had never seen it—I produce the medal.
Cross-examined. Q. Was not what the other girl said, that she had seen Moon take the medal? A. No, she said she had seen Moon take the property
from the corporal—the money; she did not use the word "medal"—she said she had seen her take the brass box from the corporal and give it to Mrs. Masters—I don't believe I have ever stated that she did use the word medal. (The witness's deposition being read, stated, "One of the girls in the house stated that the prisoner Moon had taken the medal") During the time I was asking Mrs. Masters some questions, the girl in the house stated that it was not Mrs. Masters that took the medal; it was the prisoner Moon—after I had received the medal, I asked Moon if she had given her the brass box, and she said she had—the other girl did not say at any time that she had seen her give Mrs. Masters the box; she said she had seen her give her the medal—in one respect I forgot that—I thought you were speaking about Moon—the box has not been found.
COURT. Q. Did you search Masters' house? A. No, I did not think it was worth while to do so—the property had been stolen twenty-four hours previously.
The prisoner Masters' statement before the Magistrate was read as follows;—"I am not guilty of having stolen the property, or knowing it to have been stolen—I received the medal in a dirty piece of paper, and gave it to the police-constable." Masters received a good character.
MOON— GUILTY .— Confined Three Months.
MASTERS— NOT GUILTY .
MR. LILLEY conducted the Prosecution.
WILLIAM RAINBOW . I was an officer's-servant in the Marines when this occurred—on the 7th January I met the prisoner in King-street, Wool-wich—I did not know him before—there was another man with him—the prisoner said he had got some articles of wearing apparel which he had bought in China, that he belonged to a merchant-ship, that he had just come ashore—that he and his companion had been drinking, and were short of money, and he would make me a present of half-a-dozen pounds of tobacco if I would assist him off with some of the things—I said I thought I knew a party that would take the things if they were what he represented—we went to the Fox public-house in New Town, Deptford, where the shawls were opened, and likewise some dresses—he said that the shawls were worth 4l.—that they were China crape shawls, and that he had bought them in China—he agreed to take 3l.—I went to my house and got 2l., which he agreed to take, and was to call in the evening for the other pound—I took the things—a female acquaintance of my wife's had been speaking of buying such things, and I thought, if they were what was represented, she would have them—I believed them to be China crape shawls—I would not have bought them if I had not believed that.
COURT. Q. If he had told you that they were good shawls and worth 4l., would you have given him the money? A. Yes; that was what he did say, that they worth so much money—I should not have bought them if I had not thought they were good articles.
MR. LILLEY. Q. Did the prisoner represent them as China crape shawls? A. Yes; I should not have given the money unless I had thought they were China crape shawls—I paid the money on the faith of that representation.
COURT. Q. Suppose you had known they were not China crape shawls,
but believed them to be good shawls worth the money, would you then have bought them? A. Yes, if I had thought they were worth the money—after I had paid the money I took them and showed them to the female.
NOT GUILTY .
EDWARD COBB . I am a fisherman, and live at 11, Marl borough-street, Greenwich—on the morning of 18th January I went into Ware's-court, Greenwich, to call a boy of the name of Blake who worked for me—I called out "Boy Blake" seven or eight times, upon which the prisoner came out, and said, "I will give you boy Blake," and struck me a violent blow on the left side of my head with a heavy weapon something like a poker—I had seen the prisoner before, but did not know his name—I never had any quarrel with him—he struck me more than once—I fell back, and when I was on the ground he kicked me on my left side—I was insensible for a minute or two—after I recovered I crawled out of the court and went to my brother's house—I lost a great deal of blood.
Prisoner. Q. What brought you up two pair of stairs? A. I did not go up two pair of stairs—I never came into the house—I stood in the centre of the court and sung out "Boy Blake," as I have been in the habit of doing for the last three or four years frequently—he did not live in the same house that you did—I did not call out "If you are dead I will wake you"—nor did I holloa out "Fire"—I did not pull you down stairs—I was never inside the house—this was between 12 and 1 o'clock at night—the boy is not working for me now.
SAMUEL PARKINSON . I saw the prosecutor just before 1 o'clock going towards the court—he said he was going to call the boy Blake—I saw him again about half-an-hour afterwards at his own door—he was bleeding tremendously from a cut on the head, and he fell down on the stones insensible.
THOMAS NORRIS (Policeman, R 69). About 3 o'clock on the morning of the 18th January I met the last witness—in consequence of what he said I went to the prosecutor's house—I found him insensible, and his shirt, guernsey, and trousers completely smothered with blood—I saw him again about 9 o'clock that same morning—he was then sensible—in consequence of what he said I went to the prisoner—as I was going up the stairs the prisoner said to the boy, "Go and fetch a policeman, and I will have the old man locked up"—I said, "You need not send for one, here is one here"—he said, "I am very sorry for it, very sorry indeed"—I said, I should take him into custody for the assault—he said, "He came and called 'Fire,' my wife awoke me, and I came out and we struggled together"—I found no poker in the house—there was a little bit of iron—there was no blood on it.
Witness for the Defence.
MATILDA EDMUNDS . I was lying in bed about 2 o'clock in the morning—I heard a strange man come up the court and call out "Fire," below—the prisoner's wife came down stairs, and asked, "Who, and what are you"—I got out with a candle to save my children from being burnt, as I thought, and I saw the prisoner come down stairs in his night shirt, and put the person out of the door—I then saw it was Mr. Cobb—I live next door to the prisoner in the lower room—Mr. Cobb came out of Fry's passage—they live on the second floor—I saw the prisoner put Mr. Cobb outside of the door—this was exactly at 2 o'clock, for I heard the clock strike 2 just as
the man called out "Fire"—he went away not long after that—he staggered very much up the court, and seemed to be in liquor—I did not see any signs of blood about him.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
JOSEPH DRAKE . I am a private in the Royal Marines at Woolwich—on Tuesday morning, 13th January, about 10 o'clock, I was in a room in the barracks called B 1—the prisoner came in with two others who had just come from parade, Dumbelow and Rickards—they followed me out of the room again—my tunic hung up behind the bed, where it always hung when I was not on duty—it had been there three days—I saw my tobacco box about 10 minutes before ten—there was 14 shillings in it—I counted it; a witness who is here saw me do so—nobody else saw me count it—the prisoner saw my box—he owed me sixpence; and after he got his pay at a quarter after 8 that morning, he came to pay me; he gave me a shilling, and I gave him sixpence out—I took it out of the box, out of my tunic pocket—he saw the box, and remarked, "You have got a lot of money there;" I said, "Not much"—about 10 o'clock I went out to get a shave—the prisoner, Dumbelow, and Rickards were then in the room—Dumbelow followed me out first, and then Rickards, and the prisoner was left in the room—I came back in about five minutes, and the prisoner was alone in the room—I went to my pocket to get the money to go and pay for a pair of boots, and I found my box and money gone—the prisoner asked me what I was searching for; I said, "for my tobacco-box, containing 14 shillings"—he said, "You must have mislaid it somewhere"—I looked about the room, but could not find it—I have not seen it since—I went and gave information to the corporal, and went with him to the Coach and Horses public-house—the corporal went in and came out with the prisoner—the prisoner said to me, "You do not think I have got your money, do you?"—I said, "I think you have"—he said, "All the money I have got is twopence; I only had sevenpence when I came out"—the corporal wanted to get him to the barracks to have him searched—he was not willing to come—I had to go after the picquet, he then went with us—the corporal went after the sergeant; and while he was gone, the prisoner pulled off his boot and stocking—he held the stocking in his hand for a few minutes, and when he thought no one was looking, he chucked it under the bed—I heard something jink in the stocking—I went across to him and asked what he had there—he said, "It is the twopence I flung out but now; you can take it if you like"—I took up the stocking, and found in it 5s. 4d., and amongst it was a six-pence that I could swear to—this is it (produced)—I know it by this hole at the bottom of the head, and it is rather dented on the tail side—I saw that sixpence amongst the other money just before I lost it—I asked the prisoner if anybody had been in the room while I went to be shaved, and he said no one had been.
Prisoner. Q. Where did you take the sixpence from in the morning, which you gave me? A. Out of my pocket, from the box—I swear I took it from the box; that was how you came to see my money.
COURT. Q. How much pay did he draw that morning? A. I think it was 13d., and he owed me a sixpence out of that—I had no money loose in my pocket.
JURY. Q. Then how were you to pay for getting shaved? A. We always get that without paying for it.
JOHN RICKARDS . I am a private in the Royal Marines quartered at Woolwich. About 10 o'clock on the morning of the 13th January I was in the barrack-room B 1—The prisoner Drake and Dumbelow were with me—I saw Drake go out, Dumbelow followed him, and I followed Dumbelow, and left the prisoner behind.
Prisoner. Q. Did you not leave Drake and me in the room? A. No—Dumbelow afterwards came into the room with a letter; that was after Drake had come back from being shaved, and after the money was taken—I was away about five minutes, smoking my pipe, but I returned to the room—Drake had then gone to call for the serjeant, and you were alone in the room.
GEORGE LOCK . I am sergeant in the Royal Marines, quartered at Wool-wich—on Tuesday morning, 13th January, about 10 o'clock, I went into the room B 1, and searched the bags there—I did not find anything—at a quarter to 9 in the evening I found the prisoner in the room, and the prosecutor told me in his hearing that he had found 5s. 2d. in his stocking—I sent the prisoner to the guard-room—on the way there he said to me, "This looks rather black, but I am all right—when I came in from the Common I saw a friend, and she gave me 12s."—we had been on the Common to drill—he said he had met his friend at the corner of the Queen's Arms, and she had gone to London—he did not give her name and address, he said he did not know it—next morning, between 9 and 10, he was taken before the field-officer—he there stated that a friend, a man, had given him 10s.—he could not produce the man, in fact he did not know him—the prosecutor told me in the first instance of having lost his money, and I went and searched the men in the room—I did not search the prisoner, for I had very little suspicion of him at that time—it was his sudden disappearance from the barrack-room, after coming in from drill, that caused my suspicion—he left suddenly without taking his coffee, which was very unusual.
Prisoner. I did not mention whether the friend I met was a man or a woman. Witness. You said, "I met a friend, and she gave me 10s."
Prisoner's Defence. About 10 o'clock that morning I came from parade—there were four or five of us in the room—Drake left the room, and Dumbelow came in with a letter, and said, "Where is Rickards?"—I said, "I do not know, I suppose he is gone up stairs"—in a minute afterwards Rickards came into the room, and they went to the window and read the letter—I left the room and was below about ten minutes—when I came in again they were both sitting down writing, and Drake was overhauling his bed—I said, "What are you looking for?"—he said, "I have lost my tobacco-box and 14s."—I said, "You must have mislaid it somewhere"—he said, "I could not; I had it when you gave me the 6d."—in the afternoon at 2 o'clock we went to drill, and came in at 20 minutes before 4—I saw a friend, and he begged me to come out—I went and met another marine, who asked me where I was going—I said, to see a friend outside; and we both went together and met him—he walked two or three paces ahead of me—he said, "Come and have something to drink"—I said, I could not, I had no money—he said, "Never mind, I have plenty," and he put his hand in his pocket and gave me 10s.—I called to the other man and said, "Where will you go and have something to drink?"—we went to the Navy Arms, and had some porter—my friend left me and said he was going
to London, and he would come again on Sunday to see me, and then he was going away for a long time—the other marine was going down the town and got among the girls, and I said I must take care of my money, and I went backwards and put 5s. 2d. in my stocking—I have been nearly 11 years in the service—it is not likely I should do such a thing—and in another 12 months my time is up—Edward Phipps is the marine that was along with me at the time—he is not here—neither he nor I were allowed to speak, only the witnesses against me.
GUILTY .— Confined Nine Months.
The Sergeant stated that the prisoner formerly had a good conduct badge, but had lost it, and now bore an indifferent character.
Before Mr. Common Serjeant.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
THOMAS SULLIVAN . I live at the Bank beer-shop, in High-street, Wool-wich—on Monday evening, 3d January, about 8 o'clock, the prisoner Harris came in the tap-room and called for a pint of porter, and gave me a shilling—as I was going to the bar I saw a marine coming along the passage—he told me to bring him a pot of beer—I went to my mistress and gave her the shilling that Harris had given me, she told me to go and take it back—I took it back to Harris, and he showed it to the marine, Nicholson, who was there—he said he thought it was good—Harris gave me another shilling which was good.
Harris. Q. When did you give me the change? A. In about ten minutes—I did not put the shilling in my pocket—I held it in my hand—you gave me a shilling for the porter—I gave it to my mistress, and she said it was bad—that was how it was found to be bad.
MR. ROBINSON. Q. You go to the bar and pay for what you have, and you take the beer to the customer and he pays you, and you saw a marine come down the passage, and you gave your mistress the shilling that Harris gave you to pay for the marine's porter? A. Yes—I had paid for Harris's porter before.
Harris. Q. When you brought the pint of beer what did you give me? A. A sixpence and 4 1/2 d.—I kept the shilling in my hand for about ten minutes, and then the marine came in—I had a pocket, but I did not put the shilling in my pocket—I kept it in my hand—my mistress said she knew the shilling was bad by the edge.
Nicholson. Q. How long had I been in the house before this other prisoner came in? A. Half an hour—I had seen you several times in the house—I never saw you with Harris before—Harris had been sitting about a quarter of an hour when the porter was called for—you did not appear to me to be acquainted.
JOSEPH PAYNE . I keep the Standard public-house—on Monday evening, 3d January, Nicholson, the marine, came into my house about half-past nine o'clock—he asked for half a pint of beer—I supplied him with it, and he put down 1s.—I had it in my hand to examine it, and Harris came in in a bustle, and asked for two halfpence for a penny piece—he was attended by a woman with a basket, and he appeared to want to give the woman a halfpenny—I
took up the penny—I still had the shilling in my hand—I tried it in the detector and bent it—it was bad—I told Nicholson so—he wished to have it back, but I refused to give it him—I did not give Harris the two half-pence for the penny, but I kept the penny piece in my hand—Harris advised Nicholson to have the shilling back again—I refused to give it, and sent for a policeman—the result was that Harris disappeared as fast as he could, and Nicholson also went out before the policeman came—I went out to see which way they went, and I saw them running in the same direction; at least I heard footsteps in the distance of more than one person running—they escaped at that time—I marked the shilling, and gave it to the policeman.
Harris. Q. On the morning after I was taken, you were sent for to the station, and did you not say that you did not know either of us? A. No; I said you were the persons; my pot boy said that he did not recognise either of you—on the first examination I was in the Court—I did not come forward—the more I look at you, the more I am satisfied that you are the men.
COURT. Q. Did you not feel as certain at first? A. Yes; but I went and brought my pot boy to make it more certain—it was gas light when I saw them both in my house, and Nicholson was obliged to stoop, and he had his hair brushed up, which showed a sort of whisker; but when I saw him again I did not see his whisker, which made me have a doubt—I did at first entertain some doubt—the policeman came, and told me to come and see the men—and it was after that I went, and had some doubt.
Nicholson. Q. You came to the police-station to recognise me—you looked at me, and were in doubt that I was the person; and you said you would go home and see your pot boy. Witness. I don't remember saying that in your presence—I said it to the policeman—that was not to assist my own recollection at all, but to make it more sure—the pot boy did say, "That is not the marine; I should know the marine if I saw him twelve months hence"—I appeared the first day, but I did not give my evidence.
COURT. Q. You did not feel so certain on the first occasion as you did on the second, and between the first and the second time your pot boy declared he was not the man? A. Yes.
SARAH GORDON . I am assistant to Mr. Green, who keeps the Mitre tavern—on the 3d January, Nicholson, the marine, came in between nine and ten o'clock—he asked for half-a-pint of porter—he appeared very tipsy—I did not want to serve him—he said, "I will relieve you of my presence if you will serve me"—I served him to get rid of him—he put down 1s.—I took it up, and told him it was bad—he said he could pay me for what he had, and he gave me a penny—he asked for the shilling back again, and I said, "Come another time, and I will give it you"—I put the shilling on the marble slab at the back of the counter, and gave it to the policeman.
Nicholson. Q. Did not the Magistrate ask if it was by my clothes you knew me? A. I don't think he did—he asked me how I knew you, and I said, "I don't know any more than that I recognise him again"—the Magistrate did say, "Do you recognize him because he had that patch on his forehead?"—and I said I did not know—I did not remember whether you had that sticking plaister on that night—the Magistrate said, "What way do you recognise the man, on your oath?"—and I said, "I don't know any more than that I recognize him as the man?"—I did not say it was by your beard I knew you.
MR. ROBINSON. Q. Have you any doubt now that he is the man? A. No.
JOHN LARKAN (Policeman, R 192). On the 3rd January, about 20 minutes before 10 o'clock, I saw the two prisoners standing about six or seven yards from the Bank tavern, in High-street—that is where the first witness lives—they were in conversation together, leaning against the shutters of a shop that was closed—I should say they were in conversation three or four minutes, and I left them in conversation together—in consequence of information, I apprehended Nicholson at the marine barracks the next morning—I told him it was for uttering two counterfeit shillings—he said that he knew nothing at all about them—he was very drunk—when I saw him the night before at twenty minutes before ten o'clock, he was under the influence of drink.
Nicholson. Q. Did you see me afterwards? A. No; I did not see you come back to the Bank public-house—I did get into conversation with the landlord after I saw you talking—I spoke relating to there being a civilian and a marine together.
Nicholson. I was in the Bank at the time you came and spoke to the landlord—you wanted to take me into custody, and the landlord said I had not been out of the house at all. Witness. No; no such thing.
RICHARD ORTON (Policeman, R 439). On Monday, 3rd January, in consequence of information, I went in search of the prisoners—I went to the Mitre, and as I went in I raw Nicholson coming out—I went in at one door and he came out at the other—I knew nothing about him at that time—when I came out I looked after the prisoners, and about 500 yards off I saw Harris—I told him I should take him in custody for uttering counterfeit coin—he said, "Oh"—while I was talking to him something dropped down in front of him—I picked it up, and it was this counterfeit shilling—I took him by the hand, and he had in his hand a piece of paper which had this counterfeit shilling wrapped in it—I received this shilling from Mrs. Gordon and this one from Mr. Payne.
Nicholson. Q. Do you say that it was in consequence of information you went to that public-house? A. Yes. I went in at the door at the side of the house, and you went out at the front door—there is no back door—you went out at the very instant I went in—I had looked through the window, as I passed, and saw you—I went in directly—I recognised you from what I saw at the window and in the shop—I am sure you are the man that left the house—you had a soldier's dress—I don't know whether you were drunk or sober—I found on you 1 1/2 d., a pipe, some tobacco, and a cap—I asked you where you bought the cap, and you told me, and that you gave a sixpence in silver and a 3d. in silver for it—I did not go to the shop to inquire what money you gave—you had another old black cap in your pocket.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this shilling taken from Harris, and the one found in front of him, are both bad—one is of the date of 1838, and the other 1858—these shillings received from Payne and Gordon are bad—one is of the date 1838, and the other is 1858—and they are from the same moulds as the other two.
Nicholson's Defence. When Mr. Payne came to identify me at the station he was in doubt, and he sent for his pot man, who said I was not the party—if Mr. Payne could not identify me the first morning, surely he could not do it afterwards—this young lady says she knew me, but she had nothing to identify me by; and if I had a mark on my face surely it would be that she would know—this last witness says he was going in and I was coming out—he said he could not swear it was me, but he looked through the window
—he could not identify me then, but in the morning he said he could know me—I know nothing of the other prisoner—I went to the Bank public-house and sat there, perhaps, for hours—there were two young women in the tap room—Harris introduced himself to me as a mechanic working in the Arsenal—he asked me about some young men in our barracks, and I said I knew them—he said to those young women that be would give them some best beer—I went to the door and stood outside—I said I could not go with him, I could not leave the company I was with—he went away, and I saw no more of him till the next morning—I have no doubt it was a marine who passed this bad money, and the case is very suspicious, but I am as innocent as a child—if this man gets his living in this way, I know nothing of it—the inhabitants of Woolwich cannot Bay that a marine ever offered a bad shilling—I had been a long time in the hospital, and only been four days out.
Harris's Defence.—This prisoner and I were seen in conversation, but does that sufficiently establish a connexion?—how often does it occur that two persons meet, one intending to commit a felony, and the other innocent—one may go with another into a public-house, and they may sit down together, but that is not sufficient to establish a connexion—when I was taken, I was putting two shillings in my pocket, and one fell down; now, if I had two shillings, and knew they were bad, why did not I drop both the shillings in the paper?—I must have known it if I had dropped it intentionally—on the morning after I was apprehended, Mr. Payne came to identify me—there was a doubt on his mind, and at the expiration of seven days he said that I was the man—now, if a man cannot recognise another immediately after an occurring circumstance, how can he conscientiously do it at the expiration of seven days?—why did he not do it the first morning I—his answer would be, if he told the truth, because the policeman had not had time to give him instructions—I dropped a shilling on the flags, and the policeman by the side of me. Now, gentlemen, how I became in possession of this money I will mention to you. On the day in question I sold my coat to a man in Beresford-street, for 4s., and on the Thursday I pawned my waistcoat for 3s., and the policeman has got my ticket—there is a ticket of mine with 3s. on it.
NOT GUILTY .
MR. LEWIS conducted the Prosecution.
CHARLES BERDOE . My father keeps a shop in Woolwich. On 13th January the prisoner came in the evening, I served him with a penny loaf—he gave me in payment 1s.—I weighed it on my finger, and gave him in change a sixpence and fivepence—he left the shop, and I threw the shilling in the till, at the further end—there were two other shillings there, but this one was away from the other two—a customer came in, and I then looked and saw the shilling was looking dull—I took it out and tried it with my teeth, I found it was bad, and put it on a shelf by itself—I am sure it was the one that the prisoner gave me—I saw the prisoner again on 15th January, about 10 minutes before 12 o'clock in the middle of the day—I was called into the shop by my sister—the prisoner requested a half-quartern loaf, the price of it was 2 1/2 d.—I served him—he gave me a half-crown—I had to
send to another shop for 1s. to give him change—I kept the half-crown in my hand—I gave him the change, and he left—after he was gone I examined the half-crown and found it was bad—I called my sister to fetch my father—I followed the prisoner and asked him to come back—when he came my father remained in the shop with him—I went and got a policeman—my father said to him, "This man has passed a bad half-crown, and also a bad shilling last night"—the prisoner said, "I did not; I was in London last night"—I said, "Not last night; the night before"—the prisoner said nothing to that—I gave the policeman the same shilling and half-crown which I had received from the prisoner.
JOHN LARKIN (Policeman, R 192). The prisoner was given into my custody—he was in the shop, standing talking to Mr. Berdoe's father—I said, "You are charged with passing a counterfeit half-crown"—he said, "I did not know it was bad; I came in for a loaf"—Mr. Berdoe said, "He passed a bad shilling here last night"—the prisoner said, "It is a very great shame, I was in London; I can bring witnesses to prove it"—young Mr. Berdoe said, "No, not last night, the night before"—the prisoner did not say anything to that—there was nothing found on the prisoner.
Prisoner. Mr. Berdoe asked the father where the shilling was, and he said it was smashed up.
COURT, to JOHN LARKIN. Q. Did you hear him say that? A. No.
Prisoner's Defence. He told the Magistrate there were seven more shillings in the till; how does he know it was the same shilling?
GUILTY of uttering the half-crown. — Confined Three Months.
Before Michael Prendergast, Esq. Q.C.
291. WALTER RUSSELL (54) , Robbery (with another person not in custody) on Matthew Brice, and stealing from his person 1 watch and chain, 1 piece of paper, 2 ounces of tea, and 2 pounds of sugar, his property.
MR. WAY conducted the Prosecution.
MATTHEW BRICE (a black). I live at No. 25, Hatfield-street, Stamford-street, Blackfriars. I was in Hatfield-street about 7 in the evening, and received a blow with a life preserver on the side of my head—I saw no weapon, but feel satisfied that a fist could not have done it—I was perfectly sober—I was struck from behind, and fell immediately—I heard no foot-steps, but I had seen two men on the opposite side of the street—the prisoner, on my oath, is one of them—they crossed over to the same side as I was, but behind me, and I was struck in a second—when I fell my coat was unbuttoned, and my gold chain torn from my neck, by one of the two persons I had seen cross the road—the prisoner then took my grocery, handed it to the man who had my chain, and ran off—the prisoner was attempting to run off too, but I jumped on my legs and seized him, and called "Police," and "Murder"—the police came, and I gave him in charge—he never got out of my possession—my head bled very much.
Cross-examined by MR. DOYLE. Q. What are you? A. I live on my
money which I have got through marrying my wife, as many other gentlemen may do—I had been to my grocer—I had had a glass of ale at a public-house—I never saw the prisoner in my life before—I did not run against a cab in the Waterloo-road—my hat was not knocked off that evening in the Waterloo-road—I was as steady as I am now, and if it had been I should have remembered it—this is it (produced)—I swear that it is the same—I had some ale, but cannot recollect whether I had any rum; I am very fond of it, but whether I drank any or not I was as sober as I am now—I will not swear that I did not have any rum—I had been to the North Pole public-house, Oxford-street—I had been to the grocer's before that—my grocer lives in South-street, Manchester-square—I go there from Hatfield-street to bring my grocery—I defy any man to say I am constantly visible at places where there are concerts—I never visit the Cyder Cellars—the prisoner did not pick my hat up in the Waterloo-road—I said in my evidence before the Magistrate that I saw the prisoner on the other side and saw him cross over—I was rendered insensible for a few moments, but I felt the man unbutton my coat and take my chain—the prisoner did not help me up, he was going to help himself, when I seized him—I held him a very short time, for he struggled, and I was afraid I might have a second attack—the policeman came up in five or six minutes; but before that, a young man who knew my voice ran down and said "Mr. Brice, is that you?"—I said "Yes"—he said "Hold him, don't let him go"—I said "I don't intend"—he is not here—the prisoner never said to me that he had nothing to do with it, and would wait until a policeman came up—I did not express the slightest doubt at the station as to the prisoner—I did not say "I believe you know all about it," for he never got away from me—I did not say "I will punish you if it costs me 100l."—I said nothing like that to my recollection, and I recollect all that I said.
WILLIAM BOWLER . I live with my uncle, in Hatfield-street—on 3rd January I saw Mr. Brice go down the street—I saw two persons on the other side of the way—the prisoner is one of the men—they crossed to the same side as Mr. Brice—the other man hit him a blow, and he fell down—the other man snatched his gold chain off, and then the prisoner took Mr. Brice's parcel, which he had in his hand, but I did not see what he did with it, and then the other one ran away, and Mr. Brice kept hold of the prisoner, and held him till the policeman came—I am sure this is the man.
COURT. Q. Did you wait until the policeman came up? A. Yes; Mr. Brice held him till then—when the blow was struck I was nearly opposite on the other side of the way—I am sure Mr. Brice was not knocked down by anything else—I did not see Mr. Brice's face—I saw how he was struck, but cannot say what by—I am not sure whether it was with his fist or not—I did not see marks of blood on Mr. Brice's face.
Cross-examined. Q. Was not it quite dark? A. Yes, but I saw the men's faces across the street—I only saw two men and Mr. Brice—Brice was not drunk—he walked without stumbling—he held the prisoner by his coat, kept hold of him, and pulled himself up by him—the prisoner did not stoop down and lift him up off the ground.
COURT to MATTHEW BRICE. Q. Have you got any mark now? A. Yes, it is not well yet. I was bleeding when I went to the station-house.
DAVID CHAPLIN (Policeman, L 100). On 3rd January I was called into Hatfield-street, and found the prisoner detained by the prosecutor—he said "Let me go, I will not be held"—Brice said that he had been knocked
down by two men and robbed of a gold watch and chain and a parcel of grocery, and that the prisoner was one of the men—he said that he was innocent, and at the station he said that the prosecutor had been knocked down by a cab—the prosecutor denied it—the prisoner said that he picked him up, and was assisting him home from the Waterloo-road—Brice had been drinking, but not much.
Cross-examined. Q. Did he smell of rum? A. He smelt of drink; he was not sober—the prisoner said at the station that he was seeing him home—I found two handkerchiefs and a knife on him.
COURT. Q. Was he sober enough to hold the prisoner? A. Yes—the prisoner did not say that he was taking him home until we got to the station—it is about a quarter of a mile to the station from that place—it was in Tower-street, Waterloo-road—Hatfield-street is not very wide, I dare say it is as broad as the Old Bailey, outside here—I could see the countenance of an individual on the opposite side of the street if he was near a lamp—this was pretty near a lamp, but they shifted in the struggle, so I cannot say exactly—there is a public-house in the street with a lamp over the door—that is about 100 yards from the corner of the street where I first saw them—the prosecutor lives at 25, Hatfield-street, and it was near there that I took the prisoner—I saw the prosecutor at the station—he had received a cut which had blood coming from it—it looked like a cut from a blow—I cannot say whether a fist would have done it—it was a very severe blow for a fist to have done—there was a sort of graze with it as if the skin had been rent—the blood was getting congealed then—it might possibly have been from the fist, but I do not think it was—there was nothing found on him.
MR. DOYLE. Q. Did the prosecutor fall asleep at the station? A. I cannot say, I left him there some time, having to go away—I went back to the station about an hour afterwards, he was awake then.
GUILTY.— His sister, who gave her address 10, Coburg-terrace, Old Kent-road stated that he was on his way to her from Essex, where his father lives, but did not know her address, she having recently changed her residence from Clapham Rise.—Judgment Respited.
Before Mr. Recorder.
PLEADED GUILTY . The prosecutors stated that the prisoner's defalcations during sixteen or seventeen months amounted to between 130l. and 140l.— Confined Eighteen Months.
293. CHARLES SHORNDEN (26) , Burglariously breaking and entering the dwelling-house of John Matthew Westcott, and stealing therein 2 pairs of trousers, 1 counterpane, and other articles, value 5l. 13s., his property.
MR. BEST conducted the Prosecution.
JOHN MATTEW WESTCOTT . On Sunday, 9th January last, I was keeping the Red Lion beer-shop, 42, Warwick-street, Borough-road—I made every-thing safe, and went to bed between 11 and 12 o'clock—I came down about 7 next morning and found part of the counter ripped up, and on going into the bar parlour I missed a pair of trousers, a frock coat, and a pair of
boots, and also some articles from the kitchen—the parties had broken in by the kitchen window—it had been safe over night—a square of panel had been broken out of it, and an entrance effected by that means—I have seen the prisoner several times in the neighbourhood near my house, and I had seen him on the Wednesday evening previously—these articles (produced) are part of the things I lost—other articles were shown to me by the policeman, and the magistrate ordered part of the things to be given up to me—these were safe in the house on the Sunday evening in question.
CHARLES LLEWELEN (Policeman, M 228). On Monday morning, 10th January last, about 6 o'clock, I was on duty in Little Surrey-street, in the Borough-road, and saw three men walking very closely together, coming in the direction from Warwick-street—the prisoner is one of them—one was carrying a carpet bag which I now produce—the other was carrying a large bundle—the prisoner was not carrying anything—thinking it was not altogether right I seized hold of one of them, and he dropped the carpet bag—the prisoner picked it up, and ran away with the party who was carrying the bundle down Little Surrey-street—I had a struggle with the one that I seized, and seeing the parties were escaping with the property I used my truncheon, and immediately followed them—finding I was getting close to them they threw the property down and made their escape—I picked up the bundle and the carpet bag, and brought them to the station—they contained a great number of things which were afterwards shown to the prosecutor, before the magistrate, and identified by him as his property—after taking the things to the station, I came back to Little Surrey-street, and watched a house where I suspected the prisoner lodged—I took him into custody about 1 o'clock the same day—I told him I charged him with breaking into the Bed Lion beer-shop, he said, "I know nothing about it, I was in bed"—I am sure the prisoner is one of the men, I knew him before.
Cross-examined by MR. TAYLOR. Q. Where was it you apprehended the prisoner? A. In Little Surrey-street—it was not at his own door—I did not know where he lived then—he gave his address at Clerkenwell—I did not see him at 10 o'clock that morning, or between 10 and 1—I was looking after him—I do not remember his saying to me when I took him, "Why did you not take me when you saw me this morning?"—I am sure he never said so—I distinctly saw the face of one of the other men, the one I seized hold of—they all three came round the corner apparently in a hurry together—the first I saw had the carpet bag—I was about 20 yards from the corner when I first saw them—the prisoner might be a yard from the one with the bag—they were all as close as they could possibly walk together—I let them walk close to where I afterwards found the prisoner lodged—they could not see me till they got almost close to where I was—I was standing close to the corner, looking round—there are two lamps there, within twenty-five yards of each other—I could see very plainly, it was not a dark morning—I had a good opportunity of seeing their features, and I know the prisoner to be the man—one of the others was a tall man—the other was about the same height as the prisoner—I know one of the other men but have not been able to take him—he is no doubt keeping out of the way to ascertain the result of this trial—the third man I should not be able to swear to.
MR. BEST. Q. Perhaps you did not know the third man before? A. Yes, I did—I knew them all before.
Witnesses for the Defence.
as me a fortnight all but one night—I remember the day that he was taken into custody, it was Monday, 7th January—on the Sunday night before that he was in my room from 11 o'clock till half-past—he came just as the public-house closed, I believe, but I was not in doors when he first came in—the man I lived with sent him across to me to say he was gone to Mrs. Richards—the prisoner slept at home that night—I am sure of that—he got up on the Monday morning about half-past 9—he told me to call him at 9—I did call him, but he did not get up then, and I called him a second time, and he got up about half-past 9, and came down stairs, and went across to another person's house.
Cross-examined by MR. BEST. Q. Where do you live? A. At 33, Little Surrey-street—I am the mistress of the house—I keep the house—I am not married—I sleep in the down stairs front parlour—the prisoner sleeps in the room over the kitchen—there are five rooms in the house—I have only two single men lodgers—I let the room out furnished—there was nobody else in the house but one woman, she is a married woman—there was nothing particular to make me notice this evening—but he was taken into custody next day, I saw him pass my house with a policeman—I did not go before the magistrate, I was too late, he had had his hearing, and he had come up again, and the magistrate said I was to come to the grand jury at the Central Criminal Court.
COURT. Q. How do persons get into your house? A. There is no way of getting in without my opening the door, unless they make a tremendous noise—none of the lodgers have keys—the other lodgers were in doors before I went to bed.
Cross-examined. Q. Did you see him in bed? A. No; I slept in the next room.
CHARLES LLEWELLEN (re-examined). The prisoner gave his address at 26, John-street, Clerkenwell—I went there, and also to St. John-street, but could find nothing respecting him—after I found out where he did live, he told me himself that he lodged there—that is the house kept by Mrs. Coglan.
GUILTY .— Six Years' Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY , and received an excellent character,— Confined Three Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM HENRY MANNERS . I am shopman to Mr. Hall, an oilman in Lambeth Walk—on Thursday, 13th January, Hannagan came between 6 and 7 o'clock for half a pound of soap—it came, to 2d.—she offered me one shilling—I tried it with my teeth, made a mark on it, and bent it—I should know it again—I said to her, "This is a bad shilling"—I gave it back to her—I did not notice where she put it—she had a basket with her—she paid
me with a good shilling, and I gave her the change—after she was gone, I sent a boy named Boniface after her, and in a short time I went out myself—I saw Hannagan in the street, near the Angel public-house, talking to Tierney and another woman—I gave notice to a policeman, and went with him into the Angel—I there saw the three women whom I had seen in the street—Hannagan had her hand in her bosom—the policeman asked her what she had in her hand—she made a movement with her hand, and shortly afterwards I saw three counterfeit shillings lying on the door nearly close to Hannagan—the potboy picked them up in my presence and gave them to the policeman—after the prisoners were taken to the station, I went there and saw Sergeant Garford take a shilling from a basket which was like the basket that Hannagan had when she came to my shop—I did not recognise that shilling, but I looked at the three shillings which had been picked up at Hannagan's feet, and I identified one of them as the shilling which had been offered to me.
WILLIAM BONIFACE . I am shop boy to Mr. Hall—on Thursday evening, 13th January, the last witness called me into the shop—I saw Hannagan there—when she left the shop, the last witness directed me to follow her—I went out of the shop and saw Hannagan looking in at the window of Mrs. Leonard, a cheesemonger, about five doors from our shop—Hannagan went on, and I lost sight of her about two or three minutes—I went on the other side—I next saw Hannagan, Tierney, and another woman about sixteen doors from Mrs. Leonard's shop-they were going towards the Angel public-house—I went up to them, and I heard Hannagan say to Tierney, "I have passed three bad shillings; one was to a little boy"—I heard something like the shifting of money from one to the other when I was by the side of them—the sound appeared to come from Hannagan and Tierney—I went to the Angel—the policeman went in—I remained about a quarter of an hour—I then saw my master and the constable—I saw them go into the Angel.
Hannagan. I did not say that I had passed three bad shillings. Witness. I am sure I heard you say so—the policeman did not tell me to say so—I was by your side at the time—I touched you.
CAROLINE LEONARD . I am the wife of Joseph Leonard, a cheesemonger in Lambeth Walk, four doors from Mr. Hall's—on Thursday evening, 13th January, the prisoner Tierney came into the shop and brought half a pound of bacon in her hand—it was 6d. a pound—the half-pound came to 3d—she offered me 1s.—I saw that she had copper money in her hand—I tried the shilling, and told her it was bad—she took it from my hand—she then asked for a quarter of a pound of shilling butter, gave me a good shilling, and I gave her sixpence change—she left with the bacon and butter and the bad shilling—I could recognise it by the mark I made at the bottom of the wreath that goes round the shilling—it was shown to me at the police court on the Friday.
CHARLES LEESON KENNEDY (Policeman, L 181). On Thursday evening, 13th January, about 7 o'clock, Mr. Manners spoke to me, and I went with him to the Angel—I found the prisoners there, and a third woman—I asked the landlord what the prisoners had had—he said "A pint of beer, and they had paid him good money"—I saw Hannagan's hand, and she had a bulk under her glove—I asked her what she had in her hand, and she immediately put her hand in her bosom—I seized it, and drew it from her bosom, and while I was doing that, I heard something fall on the floor—the potman stooped down, picked it up, and told me that Hannagan had dropped it from
under her clothes, and he handed me three shillings—Hannagan gave me a little bag, which was in her bosom, and in it was a 2s.-piece, and 11 1/4 d. in copper, which was good; she said it was good money, and she would show me all her money—I took Tierney in custody—she said she had no idea at all about Hannagan, that she only accidentally met her at the top of the Walk, and she had asked her and the other woman to have something to drink—Hannagan had a basket with her—I took the prisoners to the station, and gave the basket to Sergeant Garford—I saw him examine its contents—he took out some soap, and a shilling which was marked, and he gave it to me—Hannagan saw these things taken out of the basket, and she said she knew she had a bad shilling, but what she had got she had paid for in good money; and as to the three shillings, she said she never had them at all—Tierney said, "I went into the shop, and paid for what I got in good money"—the bacon was found in the taproom, but I did not see it—on Tierney was found 2 shillings, 3 sixpences, and fivepence in copper, good, and some duplicates—she said her name was Turner—this is the shilling that was taken out of the basket, and these are the three that were on the floor.
STEPHEN PALMER . I am potman at the Angel—On the evening of the 13th January, I was at the bar—the two prisoners and another woman were there—the policeman came in, and asked Hannagan what she had got in her hand—she immediately put her hand in her breast, and pulled out a small bag, and said, "This is all the money I have got"—she had at first said she had nothing—I saw a shilling fall from the inside of her dress at her feet—I stooped to pick it up, and saw two other shillings by the side of it at her feet—I picked up the three shillings, and gave them to the constable—the three women came in together; they had a pint of porter to drink.
Hannagan. Q. Did you see me drop it? A. I saw it fall from inside your dress—it was not wrapped in a piece of paper—there was no paper on the ground, only the three shillings—they were a small distance from each other.
THOMAS GARFORD (Police-sergeant L.) On Thursday evening, 13th January, I was at the station at Kennington-lane when the prisoners were brought in—I examined a basket that Hannagan had, and found in it a piece of soap and a bad shilling—I showed the shilling to the Magistrate, and gave it to the constable—this is the shilling I found in the basket.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these 4 shillings are all bad—two of them are from one mould, and two from another—the one uttered by Tierney is of the date 1839, and the one uttered by Hannagan is 1856—the other two are 1839 and 1856.
Hannagan's Defence. I did not know the shilling was bad till the man refused it—there are plenty who know me, and know I don't get my living by it—I always work hard for my living.
Tierney's Defence. I know this woman, but I had not seen her for the last nine years—I was going to my lodging, and she met me and said, "Come and have a glass of ale"—we went in the house, and she wanted a quarter of a pound of butter, and half a pound of bacon, and gave me the shilling to go and get it—it was bad, and I took a shilling out of my pocket and gave
it—I then went back to Hannagan, and said, "Do you know this shilling you gave me was a bad one?
Witness for the Defence.
MARY FARRELL . I am single—I know Tierney from Irving in the neighbourhood—she and I met Hannagan, and she gave Tierney a shilling to get some bacon and a quarter of a pound of butter, and she came back and said it was a bad shilling.
Cross-examined by MR. CLERK. Do you know Tierney? A. Yes, she lives in the same street—I was never taken before for passing bad money—I was taken this time, and discharged—I was in custody seven years ago, and was remanded—I was a charge of stealing a silk dress—I can't tell what time of day I saw Tierney—it was the day my father had his pension, and I went to see Tierney, and Hannagan was there—they were going to have a raffle on Saturday night, and I said I would have a try in it—when I went in the children were having fish and potatoes—I did not stay many minutes—I they were going out, and I said, "I will go with you—I said I had no money—Hannagan said she had some, and about half an hour we were all taken in custody—when we left Tierney's house together, Hannagan sent Tierney into the butter-shop—Hannagan said she would go and get some soap, as it was good soap there—she said, "Stop outside" and I stopped outside with Tierney—we then went on, and Tierney said she was going to get some bacon for the lodger's tea—I she went to Mrs. Leonard's—I did not go in—I was on the other side of the way, waiting, with Hannagan—I when Tierney came out, we all three stood talking together—I wanted to go home, as I thought they had some family affairs to talk about, and Hannagan said, "Come and have a pint of beer"—I we then went into the Angel, and there we were all three taken.
HANNAGAN— GUILTY .— confined three months.
TIERNEY— NOT GUILY .
296. JOSEPH STANTON (39), was indicted (with Charles Roberts, not in custody) for unlawfully obtaining 62 yards of India-rubber elastic spring sides for boots, of John Isaac Ferdinando, by false pretences.
MR. RIBTON conducted the prosecution.
JOHN ISAAC FERDINANDO . I am an India rubber manufacturer, and live at No. 3, Fort-street, Spitalfields—I know the defendant acting as foreman to Mr. Roberts, living at No. 27, Prior-place, East-street, Walworth—I did not know his name—I first knew him on the 17th of March last year—I was passing Roberts' shop, and I called there with a view of leaving my card—Roberts was at the door speaking to some gentleman, and on my presenting my card, Roberts said, "Walk into the counting-house"—I did so, and Mr. Roberts said, "Have you some samples?"—I presented to him some twenty samples, and while Mr. Roberts was looking at the samples, the defendant came into the counting-house, and said to me, "Are you in a position to take a large order?"—my answer was, "Yes, to any amount; I can execute any order to any amount"—upon my saying so, Mr. Roberts presented me with an order on the back of his card—I saw him write it, "2 pieces of 4 1/2 inch at 2s. 4d.; 2 pieces at 2s. 9d. and 2 pieces at 3s. 6d." 6 pieces altogether—the cost of the whole would be about 28l—I took his card and this order on it—I said, "Thank you"—the defendant opened the door for me, and he said to me, "Be quick and deliver those goods, because we
want to send them to our manufactory in the country"—on the following Saturday, 20th March, I took 63 yards at 2s. 4d. and 2s. 9d.—that was about one third of the order Roberts had given me—it came to 8l.—I saw the defendant, he was there, Mr. Roberts was not—I left them with the defendant—he said Mr. Roberts was not in the way, I had better call in any time that I might be passing, and he would get him to give me an order every time I looked in, because Mr. Roberts was in a position to want a great quantity of goods, and he said, could I supply them with cashmere and linings, and other things, I said, no, the elastic trade was the only thing that I had anything to do with—I then left—I did not execute any further portion of the order—I went on the Wednesday following, which must have been the 24th, and I saw something that excited some suspicion—I saw my six pieces of elastic placed on a high stool, and I saw no other goods there—the defendant had told me that the elastic was to be sent to the manufactory in the country—I then began to make inquiry—I never called at the place again till I had sent, a letter which I addressed to Mr. Roberts—this is a copy of it; "Mr. Roberts, I beg to inform you that the order you were pleased to give me will be completed in a few hours I shall be obliged if you will favour me with one or two London references." To this I received an answer, dated Prior Place, April the 3rd, and signed "C. Roberts:" "MR. Ferdinando,—Sir, I beg to refer you to Mr. Talk, No. 5, St. Dunstan's-hill, Lower Thames-street, and Mr. Stanton, No. 10, Hampton-street, Walworth"—in consequence of this I went six or seven times to No. 5, St. Dunstan's-hill, Lower Thames-street, but I was not able to see Mr. Tulk—I went to Hampton-street—I there saw a woman who called herself Mrs. Stanton—I have found since it was Mrs. Stanton—I had some communication with her—I went to Hampton-street, and not being satisfied, I wrote a letter to Mr. Stanton, to which I received this answer—I have seen the defendant write since, and he made an admission that he wrote this letter—the defendant came to me on the day after I received this letter, and I said to him. "I received a letter from Mr. Stanton, which is not to my mind satisfactory" (I did not know the defendant then by any name, I only knew him as foreman to Mr. Roberts)—I said, "Will you be good enough to tell me what his position is in trade"—he said he was a man of the highest position, he frequently would have goods in to the amounts of 100l. to 500l., and always paid ready money, he was quite an independent sort of man in trade—he said he had served Mr. Roberts for a period of four years with various kinds of leather—I made a remark that it was strange I had never seen him, and I asked what sort of a man he was in appearance—he said, "A man somewhat like yourself, small in stature, dark complexion"—I then said, "What is the position of Roberts in trade?"—he said Mr. Roberts was a man of considerable property, and he had a large factory at Wellingborough in Northamptonshire—in the course of that conversation I addressed the defendant by the name of Mr. Roberts—he said, "My name is not Roberts"—I said, "I know that very well, but as I don't know your name, I address you by the name of the firm; it is usual to do so; we always do so in the City"—he seemed a little annoyed by my calling him Roberts, and I said, "Pray, what is your name"—he said, "My name is Smith"—we had some further conversation, and he left my house at No. 3, Fort-street.
HENRY JAMES DELL , (a prisoner). This letter received by the last witness, is very much like Stanton's writing—it is not exactly his style—I do not know Mrs. Stanton's writing—I do not think this is Stanton's writing.
JOHN ISAAC FERDINANDO (re-examined). Q. What was the day of this interview with the defendant? A.on the 2d April—I said to him, "Is this letter Stanton's handwriting; do you know his writing?"—he said, "Yes, I know his writing; that is Stan ton's handwriting;' 'Read: 10, Hampton-street, Walworth. Sir, We received yours this morning; I beg to state I have always found Mr. Roberts a very respectable tradesman, and I should have no objection to credit him to any amount that my means would allow"—on the day after I received this letter, the defendant came to me, and we-remained together good friends two or three hours—I addressed him by the name of Smith—he told me he lived in the New-cut, Lambeth, but he said I might address a letter to him at 27, Prior-place, in the name of Smith—he wanted me to let him have the goods—he said he was prepared to take the goods: would I consent?—I said, no; I could not see my way clearly—he told me that Stanton had supplied Roberts for three or four years with top leathers—I said I did not see my way clearly—he said, "you are a man of the world, you could not do wrong in trusting him a month"—I still objected—I he said, Mr. Roberts was a very generous man, and if I could make friends with him, he would assist me in getting machinery, and in other ways—I still made the same objection, that there was something I could not understand, and I said I would call and see Mr. Roberts on the following day—on the following day, I went to Prior-place—I saw Mr. Roberts and the defendant—Mr. Roberts seemed very much incensed—he seemed in a passion—he said that he was a respectable trades-man, and I had humbugged him, that he had given me an order, and good references—he said Mr. Tulk was a merchant of long standing in the City of London, and that Mr. Stanton was a highly respectable man, and he had always paid Mr. Stanton for whatever goods he had had of him—I said it was painful to my mind, that I could not understand the references, and that I must decline bringing the other portion of the goods—he then accused me of detaining his foreman—I said, "Your foreman appears to be a man of intelligence; I could not detain him"—he still persisted that I had done so—I said, "Well, Mr. Smith, I am sure, could not tell you so"—he then went into a violent passion, and said, You did, Sir; Mr. Smith told me that you detained him, and made him drunk"—I said I should feel obliged if he would pay me for the goods he had had, 8l. 12s., or return them—he said he should not do that; when he had references respecting me, he would then pay me, and not till then—he said, "You have demanded references of me, and now I demand references of you; when I have those references, I will pay you"—I could get neither money nor goods, and I then left—this was on the 8th April—I did not send any more of the order—I went again on the 20th April, but in the interval, I had sent a letter to Roberts, to which I got no answer—I went on the 20th, but I did not see Roberts—I went again on Saturday, the 24th, expecting to receive my money—I found the place shut up and all gone—I went from Prior-place to Hampton-street—I did not see the defendant there—I saw the woman I had seen before who called herself Mrs. Stanton—I saw Roberts about two months afterwards on the pier at Hungerford—I did not speak to him—he jumped on the steam-boat, and I went on the same boat but I could not get at him—I saw the defendant again on the 24th June, in the Borough—I had a considerable conversation with him—I made a remark that it was very unmanly to come down to me in a fictitious name, and give me a glowing description of Stanton, when he was the real man all the while, and that he had said that Roberts was a man of large property;
and I told him I did not believe he was worth 2d.—I said it was a very strange thing for a man to have a large property and bolt away 6l. 10s. in debt to his landlord—he said I had been running about making a great fool of myself, and exposing them all over London, and if I would only keep quiet from that time I should have my money—I said I was not in the habit of doing that sort of thing, but if anybody kicked me I should be sure to holloa about it, that I looked upon it as a bad debt, and I should never have any portion of it—he said, "If you get any part of the money it will be like a gift to you"—I said, "No, not a gift, it is my own money"—I said, "Where does Roberts live now?"—he said, "I see him every day, but I refuse to tell you where he lives"—we went into a public-house and had a glass, as it was a warm day, and I saw no more of him.
Cross-examined by MR. SLEIGH. Q. How long did you and the defendant who had been swindling you, stay in the public-house? A. I should say something like a minute—we had our talk outside—there was not a word spoken in the public-house—we had two glasses of ale—I went to the police-station, but I went on my own account.
Q. Was that when you went to Hampton-street, and expressed yourself rather freely about the loss of your money, and were you required to go down to the police-station by Mrs. Stanton? A. No; the police were not called in—I said several times it was a swindle and a conspiracy—that was to Mr. Stanton and to a man of the name of Weston, who was put there to personate him—a policeman was not called—I was not required to go to the station in consequence of the disturbance I made—I mean that on no occasion when I went to Stanton's that a policeman was called and I was taken to the station—I swear distinctly, No—I see this officer P 87—I swear that he did not interfere at Mr. Stanton's, because of the noise I was making, and accompany me to the station—I swear nothing of the kind ever took place—no policeman were called in—there were one or two standing there, but they were not called in—I did not go with them to the station—I went to Hampton-street—I can't remember the faces of two or three policemen who were there—they did not interfere—there was no complaint made to them by Mr. Stanton—I had one policeman, and they had one or two—there were two little knots formed—I had my policemen and they had their's, but they did not interfere: not at all—there were two little knots, and my policeman said to me, "My good fellow, come away," and I went with him—I went to the police-station the following night to lodge a complaint about the robbery—I called it a robbery—I swear deliberately once for all that I was not taken out of No. 10, Hampton-street, to the police-station—the first person I ever saw at this establishment was Mr. Roberts—the house had a private window with a board, "C. Roberts, wholesale boot and shoe maker,"—I saw no stock—I was taken into a handsome counting-house, fitted up with dummies all round—I was there the first time, I should say, ten or twelve minutes and on that occasion, the 17th March, he gave me this order—on the 20th I took in a portion of the order to the amount of 8l. 12s.—the reference to Stanton was at No. 10, Hampton-street—I never saw Stanton there at all Q. When you had this interview with Roberts, and he complained to you, had you the day before been with Stanton at a public-house drinking for two or three hours? A. There were some five or six of us; we were there I should think about an hour and a quarter, having a friendly glass—I spoke to Roberts of Stanton as Smith, and Roberts spoke of Stanton as Smith—when I saw Roberts on the pier and the steam-boat I did not give him in custody—he went on the steam-boat, and I followed him, but that
was previous to my receiving instructions to take him in charge—I laid the whole matter before the police, and they said, "Do not interfere till you receive further instructions from us"—when I had the interview with the prisoner I did not give him into custody instead of going to a public-house, because I was advised not to interfere with him till I caught the other man: I was looking after the other man at that time—Stanton spoke to me first—the man who was swindling and defrauding me came and spoke to me—I did not give him in custody because I had been instructed not to interfere with him till I caught the other—I never gave the defendant in custody—he prosecuted Dell in Southwark—I was not there on the first occasion; I was on the second—Dell had called on me a day or two previous to that—I did not commence proceedings against Stanton till after I had a communication with Dell, and I can tell you why: on attending this investigation, and finding that Roberts was out of the way, I could not catch him, and therefore I proceeded against this man—I knew that Stanton was the proprietor of the Crystal Palace beer-shop, I called upon him there—I looked in one day and saw him, but I had no conversation with him—he endeavoured to hide himself—I should say that was two months before I took a summons out against him—I knew he was living in the new Out, Lambeth—I did not know he was the proprietor of that beer-shop—the name of Collins was up—on going there I saw Stanton trying to hide himself; I never went there again—when I heard about the prosecution of Dell, the police were down on me directly—I did not prosecute Stanton until he was prosecuting Dell—I was not repeatedly with Dell at public-houses between the times that Stanton was prosecuting Dell—I went one night with Mr. Probin to a public-house, and I saw Stanton there—I spoke-to him the next day at the police-court, that was before the summons—I did not enter into conversation with Stanton about the prosecution; he entered into conversation with me—I knew he was the person who had swindled me—he would force his conversation upon me—I refused to drink with him—he said, "If you dare to prosecute or dare to interfere with me, I will ruin you"—I knew what he meant by it—I did not say, "Prosecute me if you dare, here I am;" he never said so—he did not say, "Here I am; if you have any charge to make against me, give me in custody; "I have got a witness to prove he did not—I got a summons for him three days after I made application for it—I went to the public-house with Probin a day or two before the summons came off; it was purely accidental, it was no connivance—after the taking out of the summons, and before it came on for hearing, I went to a public-house with Probin, and I saw the defendant there; that was somewhere near his own house—I don't know that neighbourhood—it was somewhere in Blackfriars-road—it was in the evening—I was not in Stanton's company, I was in Probin's, and Stanton happened to be there—when I went in Stanton was in the room—I walked out of the room and went to the bar, and he followed me—I should say we were there together some two or three minutes—I Probin invited me to go to that place, and he invited Dell to go there—I might have two or three words with him about the summons I had taken out—he said to me, "Whatever occurs to-morrow I have one favour to beg of you, that you would not mention that we have met together to-night; this was on the day before Stanton was examined on my summons—I did not appear on that summons, I was not well—I believe I mentioned this before to a number of persons.
MR. RIBTON. Q. On the Saturday that Roberts' place was closed you went to Hampton-street, and saw Mrs. Stanton? A.. Yes; she
said, "Come in and be quiet, you will have your money; it has been arranged that you shall have your money"—she said, "Do you know the other creditors?"—I said, "I do not;" a man of the name of Weston was there—I went to Carter-street station on the Tuesday, and also on the Wednesday—I made a communication in reference to this matter, and it was in consequence of the instructions I received that I did not take this defendant, because I could not find Roberts—my acquaintance with Dell began by his calling on me—I attended then at Southwark, and Stanton was then prosecuting Dell, and after that, in consequence of what I heard, I got a summons against Stanton—I saw very clearly that I could not get Roberts, and I determined to go against Stanton—I was determined that both should not escape me.
SARAH ELIZAETH FERDINANDO . I am the wife of the last witness—I recollect seeing the defendant at our place—I heard a conversation between him and my husband—he said Mr. Roberts was a gentleman of property, and had an establishment at Wellingborough, and he thought Mr. Ferdinando would be quite justified in trusting Mr. Roberts with his goods—there was a letter produced, and the defendant said that was Mr. Stan ton's writing, and he said that he was in a good way of business—he passed by the name of Smith—my husband addressed him by the name of Roberts, and he said, "My name is not Roberts, it is Smith."
Cross-examined. Q. When your husband addressed him as Roberts, he said, "My name is not Roberts, it is Smith? A. Yes; I did not hear my husband say, "What is your name?"—the defendant did not say, "You can call me what you like"—he never said so in my hearing; I was there almost all the while—we had some tea—Mr. Stanton said he had had no dinner—he said, "I see you have got your kettle on, we will have some tea and something with it," and I went out and got some bacon.
JOHN SMITH . I am a shoemaker in Crab-tree-row—I know Mr. Ferdinando—I never saw the defendant at his house—I have been at Mr. Ferdi-nando's house several times—I know the defendant's voice—I heard his voice, but I did not see him; there is a partition—I am able to say it was him only by his voice—I had not heard him before, but I heard a voice similar to what I heard at the Court afterwards.
Cross-examined. Q. Do you mean to say that the defendant is the man that you heard? A. I can't swear that that is the man, but I believe it was the same voice that I heard at the Court at Southwark, and at other places since.
MR. RIBTON. Q. What did they say? A. was in the adjoining room, and I heard them speak about some goods that Mr. Ferdinando had sent to Mr. Roberts—I heard a voice similar to the defendant's say that Mr. Roberts was a very respectable man, and he had got a factory somewhere in the country—I heard something about the name, and he said, Smith.
Cross-examined. Q. Were these persons laughing and joking? A. They seemed speaking what I call familiarly—I did not hear the person who I think was the defendant say, "My name is not Roberts"—I can't say that I heard him say, "call me what you like; Smith if you like"—I can't say I did, being rather deaf myself, and there was a partition between us—I heard the name Smith—I came here to identify him by his voice—I was in the room about twenty or twenty-five minutes—it was about the centre of the day.
middle of April—the defendant said his name was Smith, and he was fore-man to Mr. Roberts, and he said he was a very respectable man.
WILLIAM MILLS . I live at Ivy-cottage, Albany-road—I am landlord of No. 27, Prior-place Walworth—I knew Roberts, I let him that house a few days after Christmas 1857; he was to pay 26l. a year—he left in April last—he commenced in December 1857, and paid half a quarter's rent in advance—he never paid any more—he owed me a quarter's rent—This letter was left at my place—I knew his handwriting from what he wrote in my house—it is addressed to Mr. Mills, Albany-road—it is the same handwriting as I saw my tenant Roberts write when he took the house—"April 25, 1858. Mr. Mills, Sir—I am sorry to inform you that in consequence of business losses, I shall not be able to keep on longer the house No. 37, Prior-place, therefore I send you the key: in consequence of being declared an insolvent, I think myself justified in doing as I have done."
JOSEPH BROWN . I live in High-street, Newington—I am agent to the landlord of the house No. 10, Hampton-street—I recollect the defendant applying about that house in 1857; he took the house from me in the name of Stanley—I asked him for a reference, and he referred me to No. 30, Moor-street, Chelsea—I went there, and saw Mrs. Gough; she knew him in the name of Stanley—I asked her if he was a responsible person to take a house at 30l. a year—she said, "Yes," and she was very sorry to lose such a person—I let him the house in the name of Stanley, and he continued nearly three quarters of a year.
Cross-examined. Q. You collect the rent of that house? A. Yes; I can't say that the defendant owes me one farthing respecting that house—I wrote the agreement for that house, in three or four lines in the name of Stanley—I don't know where that paper is, I have looked for it—he was rated at that house in the name of Stanley.
MR. RIBTON. Q. Did he sign the piece of paper you have looked for in the name of Stanley? A. He did—I will swear it.
FREDERICK BURLEY . I am a baker—I live at No. 27, Prior-place—when Roberts carried on business there about this time last year, I saw the defendant there frequently—he was acting as Roberts' foreman—I never saw any boots or shoes manufactured there—I saw stock there—I recollect their leaving—whatever stock was there was all taken away.
Cross-examined. Q. How long did you know Roberts? A. Nearly three months—during that time he was carrying on business—I saw a good deal of stock there—I always thought it had the appearance of being a respectable establishment—I had no reason to think otherwise—Stanton was acting as his foreman there—they appeared as master and foreman—I knew of Stanton living in Hampton-street, at last—I never went there myself—Roberts has left Stanton's wages with me two or three times—he left with me the last week's wages to pay Stanton—that was on the Friday before he left on the Tuesday—I should think he left with me about 2l.—he told me to give it to Mr. Stanton when he came back—he said that was Stanton's week's wages.
EBENEZER POCOCK . I am a shoemaker in Southwark-bridge-road—I bought some elastic web at the latter end of March, or beginning of April last year—I gave Mr. Ferdinando a piece of what I purchased as a pattern—I purchased sixty-two yards at 2s. 3d. of Weston—that was a fair price—it may be worth more, but that I cannot swear to.
I sold to Roberts at 2s. 9d. a yard; 2s. 3d. is under its value—I knew Weston acting as servant to the defendant, at No. 10, Hampton-street, and also at the Crystal Palace beer-shop—Weston was the man that opened the door to me when I went there—On the Tuesday night, he ran out and said, "If you don't go away, I will give you in custody."
Cross-examined. Q. Did not Weston give you in custody of a police-constable then and there? A. I will swear distinctly he did not—I was never given in custody in my life.
HENRY JAMES DELL (re-examined). I was tried here last sessions on a charge of stealing some boots from Mr. Stanton, and sentenced to be imprisoned for six; months; I come now from Wandsworth house of correction (See page 351)—I was formerly in the police for five years—I left it—I have known Stanton about two years—I knew him first under the name of Stadden—I knew him while he was at Mr. Roberts in Prior-place, in the name of Stanton—he told me he had commenced business in Prior-place with a man of the name of Roberts in the boot and shoe and leather line—he afterwards told me he had ordered about 40l. worth of webbing of a foreigner of the name of Ferdinando, and he expected to get it—he said he had got a portion of it—I saw him shortly afterwards, and I asked him how he was getting on with the webbing—I said, "Have you got the whole of it?"—ho said No; he did not think he should be able to get it, he was going again to see about it—I recollect when they left Prior-place, and in about a month afterward I saw him in Essex-street, Strand—I was then living in the New-cut, and was a potatoe salesman—he told me they had got a place for boots and shoes—he told me they had commenced in Essex-street, as they could do no good in Prior-place—he said he had got a friend at Northampton, and he and Roberta went down—Roberts went down, as master, and he went down as buyer, as Roberts did not know anything of the shoe business—he told me they had got about 300l. worth of boots and shoes of Payne and Clark, and they had got a large quantity of leather from another person;—he was continually telling me they were receiving goods from Northampton—I received some goods from him to take charge of—his wife brought six hampers of goods to my house—I put them away for him—he called on me to deliver them up—I told him there was a difference between us, and if he would settle the difference he should have them—a portion of them were pawned; I was convicted for that.
Cross-examined. Q. He was at that time removing to the Crystal Palace beer-shop? A. No; he was removing to No. 25, Duke-street, at the very time he hired a room at my house—it is false that I stole his boots and shoes; and I did not pawn them either—I was convicted of stealing them here—Payne and Clark did not lay claim to a single boot or shoe that I was charged with stealing—I became acquainted with Ferdinando about three days after my first examination at the police-court, Southwark—I was admitted to bail—I did not go away together with Ferdinando—I got his address during the week and called on him—I did not go with him and his wife to Worship-street to take out a summons—I knew they meant to prosecute Mr. Stanton—before the summons was taken, we went over the matter together, and discussed the prosecution—I watched Mr. Ferdinando to come out of the police-court, and I spoke to him respecting Stanton's character—I never went into Worship-street when Stanton appeared there—I waited outside the court—my wife was inside the court—I was at a public-house.
manufacturer of boots and shoes—I know the defendant—I saw him at Mr. Ferdinando's brother's house on 31st December—I heard him offer Mr. Ferdinando's brother 10l.; no 7l. to compromise, something that was coming on—he said he would give seven sovereigns, and he wanted a receipt made out for that seven sovereigns in the name of Roberts—it was to compromise this matter.
COURT. Q. What did he say? A. I took a note from Mr. Ferdinando to Mr. Stanton at Mr. Ferdinando's brother's house—I saw Mr. Stanton, and gave him the note—he said it was a bad job that Mr. Ferdinando would not accept his terms, and he was very sorry he had come there on that occasion, and he would not have come only his wife advised him—he said, "Will you take this 7l., and give me a receipt in the name of Roberts, as if Mr. Roberts had sent it"—I did not see any money at all.
Cross-examined. Q. Have you ever been in any other Court about this matter? A. No; this conversation was on 31st December at Mr. Ferdinando's brother's in Spital-square—I took the note from Mr. Ferdinando to his brother's house, and there I met the defendant—I know what the contents of the note were, it was open—it was written on my premises—I am a boot and shoe manufacturer—I had no acquaintance with Mr. Stanton before this—I have never told any policemen or any person except my own friends of this evidence—I gave the attorney the particulars about my evidence on first taking the brief to Mr. Ribton—I think it was before last session—I was not here at the time that Dell was tried—I did not state that I was coming here—I did not know I was to be called as a witness here—I may have said what I am telling you now.
Q. What made you say it was 7l.? why did not you say 10l. as you did in the first instance? A. I corrected myself: momentarily—Mr. Ferdinando's brother was present at this conversation, and Mrs. Ferdinando was present, but not during the whole of the conversation—Mr. Stanton ordered both the women upstairs—she was not there the whole time.
MR. RIBTON Q. Are you quite sure it was 7l.? A. Yes; I said 10l. accidentally.
JOSEPH FERDINAND . I am the brother of the prosecutor—I recollect the last witness coming to my place one evening—the defendant was there—Mr. Barnett brought a note down for him—I read it—I know partly what was in, it—the note was given to the defendant—it was all read out—the defendant put it in his pocket and said, "Well, I wish he had come down himself, I wanted to go into Court with clean hands to prosecute a man named Dell," and for me to give him a receipt as for Mr. Roberts—the sum was mentioned—it was 7l.—he did not say anything more—this was on 31st December—I mentioned this to nobody.
COURT. Q. When did you, after you heard this conversation, mention it to anybody? A. I did not mention it after that—the case was mentioned because the 7l. was offered to me previous to that in the morning, when only me and the prisoner were present.
MR. RIBTON. Q. What occurred in the morning? A. He said he wanted to go into Court with clean hands, and would I interfere with my brother—I said, "In what?"—he said, "If your brother will not swear to the depositions to-morrow I will bring him 7l.—I spoke to my brother about it—in the evening the defendant came again—he had made an appointment—he said he would call to see me in the evening to ascertain whether I had seen my brother, and what he said about taking this money—he came in the evening, when I told Mr. Stanton that I had seen my
brother, and he objected to anything of the kind—Mr. Stanton said would I send to him again, and I sent my servant down to his house, and Mr. Barnett came with the note—I told my brother what passed on that evening, and he told me to come here.
Cross-examined. Q. Who was present in the evening beside yourself and Mr. Stanton and Mr. Barnett? A. No one else that I am aware of—Mrs. Stanton came with her husband, but she was on the stairs or in a room—I don't know whether she heard—he said he wanted to go into Court with clean hands—I can't remember that he said that this was a scandalous prosecution on the part of my brother, and only intended to make him drop the matter against Dell—I can't swear he did not—I can't remember that he said, "If I have done anything wrong, your brother had an opportunity to prosecute me months ago"—he said, "It is a mere plant here to trap me"—he said, "I have lost money myself by Roberts, and it is a cruel thing to come down upon me for his debt likewise—I did not go to the police-court—I knew the case was coming on against Stanton—I had no evidence to give—this conversation took place after Mr. Stanton had had his hearing at the police-court—the depositions were sworn the next day—I did not go the next day.
MR. RIBTON. Q. Did you give that letter of your brother's to Mr. Stanton? A. It was given him by Mr. Barnett—I heard Mr. Stanton say that it was a bad prosecution, because he was prosecuting Dell—that was the substance of it.
JAMES HENRY VAUGHAN . I live in the Kent-road, and am a solicitor—several witnesses are here who were not called before the Magistrate—as the evidence was given to me, I furnished the names of the witnesses and the minutes to the prisoner's attorney—I believe the first minutes were on Friday last to Mr. Neal's brother, and copies of the letters—that I furnished last Friday to Mr. Neal's brother—that was all the evidence I was then in possession of—Mr. Ferdinando said something about his brother giving evidence—he gave it to me last night, and I furnished a copy of it last night to Mr. Neal's brother outside this Court—the evidence of Dell I was not able to get this morning—the moment I obtained the evidence I made a copy and furnished it.
MR. SLEIGH called the following witnesses:
CHARLES BALLARD . I am a boot and shoe maker, at Notting-hill—I have known the defendant six or seven years—his character has been nothing but good for what I know—I gave him credit—I never heard anything against him.
Cross-examined by MR. RIBTON. Q. Under what name have you known him. A. Stanton or Stadden—I gave him credit in the name of Stadden—I expect he had a shop when he lived in the New-cut—I lived in the country at that time—I sent him up goods from Northamptonshire in the name of Stadden to the amount of 20l. or 30l.—I sent them up to him to the New-cut—I think that was before he became insolvent—I knew Roberts—I never sent him goods—I came to town before I knew Roberts—I do not know when the defendant took the name of Stanton—I supplied him with goods in the name of Stadden—I knew him when he was foreman to Mr. Roberts—I supplied the defendant with goods when he lived in Hampton-street—I sold them for ready money, and entered them in the name of Stadden—when I went there I asked if the governor was at home, or Mr. Stadden—I knew by seeing it in the paper that his name was Stanton—I
took it from that—I never knew him by the name of Stanley—I never knew him living at Chelsea—I never knew him by the name of Smith.
MR. SLEIGH Q. He was insolvent four years ago? A. Yes; I have heard he was—I never lived at Wellingborough—I lived about thirteen miles from it—when I supplied the defendant with goods he was keeping a boot and shoe maker's shop—here is his card.
THOMAS BURROWS . I live at 37, Pitfield-street, Hoxton—I am a boot and shoe maker—I have known the defendant about sixteen years—he is by trade a boot and shoe manufacturer—I have always found him an upright honest man—I knew him when he had a shop in the New-cut—his name at that time was Stadden—since his insolvency I have heard he has gone by the name of Stanton.
Cross-examined. Q. Did you ever know him when he lived at Moor-street, Chelsea? A. No, I heard that he lived at Hampton-street, but I never saw him there—I have known him the last twelve months by his calling at my house to know if I wanted goods—I never knew him by the name of Smith.
WILLIAM BROOKS . I am a boot and shoe maker, and live in Broad-wall, and I have an establishment in Long-acre—I have known the defendant three years and a half—I do not know where he was living—he has bought goods of me—as far as I know he has borne a respectable character—he has done business with me very honourably.
Cross-examined. Q. Was he introduced to you? A. Yes; by a Mr. Johnson, who has two boot and shoe establishments, one in the New-cut and one in Shoreditch—the defendant had some leather to sell—I looked at it, and after that he bought goods of me—I sent the goods to Hampton-street under the name of Stanton—I was paid for them—I have had various transactions with him—I never knew him under the name of Stanley—I saw in the paper that he was insolvent.
THOMAS ESBURGER . I am a licensed victualler out of business, and live in Regent-street, Lambeth—I have known the defendant five year—his name was Stadden—I do not know that he changed it—he has borne the best of characters for honesty.
Cross-examined. Q. Did you know of his living in Moor-street, Chelsea? A. No; I do not know where he was living—I knew him while he was living at Chelsea, but I did not know where he was living—he lived in the New-cut before he lived in Hampton-street—he kept a boot and shoe ware-house under the name of Stadden—I never knew him under the name of Smith.
THOMAS KELTON . I am a leather cutter, and live in Baalzephon-street—I have known him ten or twelve year—I knew him in the name of Stadden—I knew him when he was insolvent—he was a customer at a house where I was journeyman—I never heard any imputation on him.
Cross-examined. Q. When did you hear he was insolvent? A. About the time he was so—I read it in the newspaper—about this time last year he met me in the street, and he said "If you call at Mr. Roberts', I am foreman there, I can get you a job"—I went, and Mr. Roberts said, "My foreman tells me you are a leather cutter"—I said "Yes," and he gave me some work under the superintendence of Mr. Stadden—I have called at his house in Hampton-street—I never knew him in Moor-street, Chelsea.
HENRY GILBERT . I was a grocer in the New-cut—I knew the prisoner when he lived there, three or four doors from me, and I have known him since—he always bore a very respectable character—I never heard the least imputation on him.
Cross-examined. Q. What name did you know him by there? A. I never took notice—he was in the habit of dealing at my shop, and when the fire destroyed my place I went and took two rooms of him at Hampton-street—I do not know where he went to from there—I did not know him at Chelsea in the name of Stanton—I did not know him in the name of Stanley—I lodged with him two months.
GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, FEB 28, 1859.