CENTRAL CRIMINAL COURT.
WIRE, MAYOR. FIFTH 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, February 28th, 1859.
PRESENT.—The Rt. Hon. the LORD. MAYOR; Sir CHAPMAN MARSHALL, Knt. Ald.; Sir ROBERT WALTER CARDEN, Knt Ald.; MR. RECORDER, and MR. ALDERMAN PHILLIPS.
Before Mr. Recorder and the First Jury.
PLEADED GUILTY .—And received a good character. Confined Nine Months. There was another indictment against the prisoner.
298. ROBERT BALL PALMER (41) , Feloniously forging and uttering an endorsement to a bill of exchange for 45l. 17s. 6d.; also ,forging and uttering a request for the delivery of goods on 7th September; also ,another request on 10th December, with intent to defraud; to all which he
PLEADED GUILTY .— Confined Eighteen Months.
MR. W. J. PAYNE conducted the Prosecution.
JAMES HENRY DOMINICUS LACY . I am assistant to Charles Candy and another, of Watling-street, silk merchants—I know the prisoner from his coming to the warehouse before—on 31st January, between twenty minutes and a quarter to 9 in the morning he came just inside the door, and spoke to a young man, who called me, and as I had seen him before I pretty well
knew what he wanted, as he had always asked for silk dresses—he said, "I want to look at some silks"—I said, "If you wait ten minutes or a quarter of an hour the salesman will be here to show you some"—he offered me a pinch of snuff but I did not take it—he waited standing against the counter—there were some silks in front of him—Mr. Veal, the buyer of that department, called me to show him some silks which he wanted for the West end, and while doing so I saw the prisoner in the act of concealing two silk dresses, value 8l., under his coat—he had his arm in a sling, and was in the act of putting his coat over them; in another second I do not think I should have seen them—I drew Mr. Veal's attention to it; went round to the prisoner and said, "You have attempted to take two robes"—he said that' he was only looking at them—I said, "I saw them under your coat"—he said that he had not got them under his coat, he only took them up to look at the pattern; but I saw them there clearly—he had put them down immediately I spoke to Mr. Veal, and before I could get to him—Mr. Veal sent for a policeman, and he was given into custody.
Cross-examined by MR. RIBTON. Q. Is this a large establishment? A. Yes; there are between thirty and forty assistants, but only about twenty were there at the time—there were only three or four where I was—the rest were in the galleries upstairs—there were no other people making purchases—I showed a silk dress to Mr. Veal, which took me about half a minute—I was then about ten feet from the prisoner—I did not see him put the silk down—but when I walked up to him they were on the piles of silk close to where he took them from.
MR. PAYNE. Q. Had these two pieces been placed where they were before? A. I think not.
JAMES ROBERTS VEAL . I am barman to Messrs. Candy—I was standing just opposite a pile of rolls of silk, of which the silk in question was a portion—I passed him without speaking, to go to Mr. Lacy, who said something to me, in consequence of which I went up to the prisoner and said, "You have concealed two robes underneath your coat"—he said that he had not—I saw him in the act of putting the two robes on the pile—I sent for a policeman, and he was given into custody—I had not seen him before.
Cross-examined. Q. When Mr. Lacy said something to you, I suppose you went directly to the prisoner? A. Yes; I was about three or four yards from him.
COURT to JAMES ROBERTS VEAL. Q. What was the lowest price of any of your pieces of silk? A. 2l. 9s.
GUILTY .—He was further charged with having been before convicted.
EDWARD ROBINSON . I produce a certificate from the Office of the Clerk of the Peace for Liverpool (Read: "Liverpool Quarter Sessions, July, 1854; Speridoni Lusig, Convicted of stealing 10 silk handkerchiefs. Confined Ten Months.")—The prisoner is the person, he was in my custody during the ten months.
GUILTY.**— Confined Two Years.
There was another indictment against the prisoner.
Britain—the prisoner was in my service five weeks—I had given her notice to leave, which expired on 16th February, but she remained till the following day, and said that she was going to leave that evening—before she left I told her I wished to see the things in her box—I went upstairs with her and a friend of mine, and the prisoner gave me a box of things, which she said she took to support her while she was out of a situation—she gave me three pair of stockings, a barege dress and fringe, a pocket handkerchief some pieces of ribbon, and two night caps, which had all been in a wardrobe on the second floor—the prisoner had access to the room, but I always kept the wardrobe locked—I asked the prisoner where she found the key—she said that she found them open, and in an evil moment she was tempted to take them, fearing to be out of money when she was out of a situation—I wished her to give up what she had of mine and I would forgive her, but she denied anything more—I had even missed my hearth-rug—these things (produced) were found in the prisoner's box—they are mine—these silk stockings, barege dress and fringe, were all in the same wardrobe.
Prisoner. Your niece gave them to me to take care of because she was going abroad; the niece was kind to me, and therefore I did so: my mistress was cruel to me. Witness. My niece is here, she is a child fourteen years old.
Prisoner. Q. Did not you give me 3s. to buy you a box to put your things into? A. No—I did not give you two chemises, or go up stairs with the skirt of a dress and three pair of silk stockings, and put them into your box—I did not tell you that if my aunt knew it she would poison me—you did not ask, "What am I to do?"—nor did I say, "I will give you money to apprentice you to a trade"—I had no money to give you.
ROBERT SPRAKE (City Policeman). I took the prisoner—the female searcher found some keys, which I showed to the prisoner, and she told me. that one key fitted a box which was in a person's house in Golden-lane—I went there, opened the box with that key, and found in it the things produced—when I told her the charge, she said, "My mistress has got the things again"—she said, going to the station, that the niece had given them to her.
The prisoner produced a written defence, stating that Rosa Kelly gave her the things. The prisoner received a good character.
Recommended to mercy by the prosecutor.— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
JOHN LEVETT . I live with my mother at No. 10, Museum-street, Bloomsbury—On Wednesday night, 19th January, about half-past ten o'clock, I and my brother Richard went into the shop, which adjoins the house—it opens into the street—we went into the shop from the first floor—we did not get inside the shop—there is a glass door leading from the counting-house into the shop—upon getting to that door, my brother said something, and we both ran up-stairs to my mother—my father had died the day before—we came down-stairs again in five or eight minutes, and I went to the shop—just as I got inside the shop, McGowan ran past me, from the
shop into the street, and I saw him join De Shot outside, and they both ran away—I knew them both—they worked on the premises—I followed them to the end of the street—I saw them taken into custody by Banger, the policeman.
Cross-examined by MR. RIBTON. Q. What business did your father carry on? A. A blacksmith's—McGowan had worked for him for about six years—he had 30s. a-week—the shop is separate from the house, but it adjoins it—you go down two steps from the counting-house into the shop—there were blacksmith's tools there—McGowan had no tools there—he had none of his own—I am not aware that he worked for himself at home at all—the tools that he had all belonged to my father—he had none of his own there—I cannot say that he never had—he seemed as if he had had a little to drink.
De Shot. He did not see me run from the door—I had been to meet a mate, and as I was crossing Oxford-street I heard a cry of "Stop thief!" and I ran to detect them. Witness. He was a little way from the shop when I saw him—he was then running.
RICHARD LEVETT . I went down into the shop with my brother on the evening of 19th January—I noticed a light in the shop—I made an exclamation and ran up-stairs—I afterwards came down—the light was then extinguished—I saw four persons run out of the shop—I' did not recognise either of them—my brother followed them, up the street, out "stop thief!"
Cross-examined. Q. Was your brother there at the time the four men ran out? A. No; I believe he was in the shop—I was at the private door—I heard a scream, and two or three minutes afterwards I saw the four men—there is a very small door leading from the shop into Brewer-street—there is a trap-door to the roof of the shop—the hinges of that were broken—they have been so a long while—you cannot get on to the roof of the shop except from the yard—I should not think it could be done from the street—McGowan has worked for my father six or seven years—his wages were increased from time to time till they came to 30s. a-week—De Shot was also in the employment up to the time of my father's death—there was no work done on the Wednesday.
MR. CAARTEN. Q. How was the trap-door that day? A. I do not know—I did not examine it—I can't recollect that I was in the shop that day.
ELIZA JANE LEVETT . I am the widow of Richard Levett—he died on 18th January—on the 19th I was in the parlour from about half-past seven or a quarter to eight until about half-past nine—no one could get into the shop without passing through the parlour—no one went through while I was there—neither of the prisoners had any right to be in the shop that evening—I do not know whether or not they had any tools there—they had not been working there during the day, and had no right to be there.
Cross-examined. Q. Was there anything in the shop besides tools? A. I believe not.
De Shot. Q. When I was brought back by the policeman did I not say I ran to protect you. A. No; you admitted you were in the shop—you said you saw the door open and went in.
FREDERICK WILLIAM FLECK . I am a house-agent, and live at 5, Kidders-ford-place, Hackney-road—on Wednesday, 19th January, I was at Mrs. Levett's premises about a quarter to eight o'clock—I left by the street-door—I saw the shop-door before I left—the door was shut leading into Brewer-street
—I examined it, and it was fastened—I have since been on the premises and repaired them—there is a fan-light or trap-door to the roof, but I did not notice it that night—it would take a strong man, or two men, to lift it up from the inside—I can't say whether that trap-door was down when I left.
Cross-examined. Q. You did not look at it? A. No; I went up there a day or two afterwards, and it was then fastened inside—I shut the street-door when I went out—I pulled it to, and pushed it to see if it was properly shut.
RICHARD LEVETT (re-examined). I have got into the shop by the trap-door from the yard—it was generally left open—that it was only in the summer time; we used to go on the tiles and get through—I can't say whether it was open in January—I don't think it has been open since Christmas—I was not in the shop on the Wednesday.
ADELAIDE BLANCHE STONEHAM . I am an actress, and live at 10, Museum-street, Bloomsbury—on the night of 19th January I saw the two prisoners at the corner of a street obliquely opposite Mrs. Levett's street-door—there was a man with them—I saw them for as long as it took me to come within a few doors of the corner of Brewer-street to my own house—I knew both the prisoners—I nodded as I passed—they did not take any notice—this was about twenty minutes to nine o'clock.
JAMES BANGER . (policeman, E 49). On the evening of 19 January I was in High Holborn, and heard a cry of "Stop thief!"—I went to Museum-street, and saw the prisoners running—De Shot was about ten yards in front of McGowan—they came down Museum-street, and I met them at the corner and stopped them—McGowan had no shoes on—I took them to the station and searched them—I found on McGowan five duplicates, two matches, a lock and key, and two account books, and on De Shot a piece of candle—I tried the key to Mrs. Levett's street-door, and it fitted—I found a quantity of things put together in the shop, as if for the purpose of being taken away—I also found a pair of shoes, which McGowan said next morning were his.
MR. RIBTON submitted that there was no case for the Jury; the evidence failed to show that the entrance might not have been effected by the trap-door, and before the burglary could be established, it was for the prosecution to prove that every part of the house was closed. The RECORDER was of opinion that there was evidence for the Jury.
NOT GUILTY .
MR. CAARTEN conducted the Prosecution.
SAMUEL HUTLEY . I am assistant to Mr. James Gill, a pawnbroker at Wilmot-street, Brunswick-square—I produce a die-stock pledged at our shop on 8th April for five shilling, I don't know by whom—this is the duplicate that was given—it was pledged in the name of John Smith—I
also produce 6 files pledged on 29th April in the name of John Edwards for 2s. 9d—this is the duplicate which was given to the person who pledged them—I cannot recollect the person.
JOHN LEVETT . The prisoner was in my father's service on 18th and 29th of April last, and until his death—I know this die-stock, it has my father's name upon it—the prisoner had no right to pawn it—these files bear the name of the person who supplies us with tools—I have no other mark on them, except that they were done up like this in a cupboard in the counting-house—these are new files, kept for use, not for sale.
Cross-examined. Q. Did your father sell die-stocks? A. No; he made them if they were ordered, but never kept any for sale—his name was on those he sold—I don't know that he ever did sell any, but he professed to manufacture such articles—I don't know that the prisoner was in the habit of taking home tools to do work at his own place—my father lent him the model of a little steam-engine about six months ago—I have seen this die-stock on our premises, I cannot say how long ago—we had several, and they are missing.
NOT GUILTY .
MESSRS. SLEIGH and THOMPSON conducted the Prosecution.
GEORGE ASKELL . I was second mate on board the Sylph steamer—in January last, she was at Bordeaux—on 30th January I was directed by the chief mate to go into the forecastle—I made a search there and found nothing in the berths, but the mate ordered me under the floor, where there is a locker that leads down into a place where we stow the cable, and there I found the prisoner, with two bottles—it was no part of the prisoner's duty to be there at that time—I did not know what the bottles contained—he gave them to me out of his own hands—I cannot say whether they were empty or full—in the place where I found the prisoner, I found six more bottles—I gave them all to the mate—before the prisoner gave me the two bottles, I said to him, "If you have anything there you had better pass it up to me," and he passed them up to the mate—I also found some oranges in a bag close to where I found the bottles—I did not count how many there were—I gave them to the mate.
Cross-examined by MR. METCALFE. Q. The vessel was lying at Bordeaux, at this time, was she not? A. Yes; at the wharf—we were taking in cargo—we go up the river to Bordeaux, about 70 miles up—I can't say whether you can get oranges very cheap there—I never bought any—you can get wine very cheap indeed—no wine was given to the men there—we are not allowed wine or grog—we are on weekly wages—I have bought a small tumbler of wine there for three half-pence.
JOHN SANDERS . I am chief mate on board the Sylph—I took an account of the cargo, but we had a Stevedore stowing the cargo—part of our cargo consisted of claret in casks and cases—on the 1st February last I gave instructions to the last witness and went with him to the forecastle—he handed two bottles to me first and then six more afterwards—the first two he got from the prisoner's hands, and the other six from the chain locker—there were also some oranges handed up to me—I did not count them at the time—there were perhaps 30 or 40, from the appearance of the bag they were in—I drew the cork and looked at the wine but did not taste it, it had
the appearance of claret—I gave the bottles to the captain—I beard the last witness say to the prisoner, "If you have anything there, Jem, you had better hand it up," and the prisoner produced these two bottles, which I supposed to contain wine—I afterwards asked the prisoner if he knew anything of the matter, and he said he was not guilty of taking the wine, but he was guilty of taking the oranges—I don't think he said any more—I asked him when it was he took the oranges, and he said, "It was on Sunday"—to the best of my knowledge the casks were full when they were put on board—we did not gauge them—there did not appear to be any leakage or any deficiency.
Cross-examined. Q. What were the precise words the prisoner used? A. I asked him if the bag the oranges were in was his bag, he said it was—I said, "Did you take the oranges?" he said, "Yes, I did"—I said, "When did you take them?" he said, "On Sunday."
JOHN CASTLE . I was the captain of the Sylph, she belongs to Messrs. Malcolmson, of Waterford—she is a British vessel—I have been in the service of Messrs. Malcolmson seven or eight years—the vessel is 6 years old—I have some slight recollection of her being built—it was in 1853, at Waterford—I was not there—I saw her when she arrived in London—the certificate of registry has gone with the ship—the prisoner belongs to Harwich—he told me so—the mate received the cargo on board—I remember receiving the bottles from him—some were full and some partly full—two were brought to me, and six afterwards—the two first were about two-thirds full—the corks were rather loose—the bottles contained claret to the best of my knowledge—I called all hands aft and read the articles to them, and the prisoner acknowledged to taking the oranges but not the wine.
Cross-examined. Q. Was that at the same conversation that the mate has spoken to? A. Yes; he said he opened the case and took the oranges out—I did not taste the wine—I only judged it was claret from its appearance—I gave the bottles to the police inspector.
HENY ASHCROFT . I am a cooper in the service of the London Dock Company. On the 8th February my attention was called to a cask of claret on board the Sylph—I ordered it to be landed, and gauged it, and found five gallons deficient—I have a sample of it here—I tasted some produced by the police in a bottle—I have also tasted this sample, and believe it to be one and the same wine.
ROBERT JOHN MAJOR (Thames Police Inspector). I produce two bottles which I received from Mr. Castle—I took the prisoner into custody for broaching a cask—I asked him if the bag belonged to him, and he said, "Yes, the bag with the oranges is mine, but I know nothing of the wine"—there are twenty-nine oranges, and eight bottles containing six pints of wine.
Cross-examined. Q. Have you been looking for two men of the names of Robinson and Paris? A. Yes; Robinson made his escape when he saw me—he was on board at the time I took the prisoner—I was directed by the captain to look after him, but I have not been able to find him.
JOHN CASTLE (re-examined). There were bottles of claret on board in cases, but no separate bottles—they were all in cases—the wine would not come over in such bottles as these produced—it is Bordeaux wine.
MR. METCALFE submitted that the offence was not committed within the jurisdiction of the Admiralty, Bordeaux being a French port, 70 miles up the river from the sea.
COURT to JOHN CASTLE. Q. Does the tide go up to Bordeaux? A. Yes; great ships lie there, ships of 2,000 tons, right up at the place where my vessel was—there are no locks or anything of that sort to go through—I have commanded this vessel since September twelvemonths—I was in Messrs. Malcolmson's employ when she came new from Waterford—I then belonged to some other ship of the same parties, and joined her afterwards—I am employed by Mr. Robinson of Mark-lane, who is the agent for Messrs. Malcolmson—I have always understood he was their agent—he is a shipping agent.
MR. METCALFE did not address the Jury upon the facts, but contended that in the absence of the certificate of registry, there was no proof of the vessel being a British ship. The RECORDER was of opinion that the objection was well founded, and directed the Jury to find a verdict of
NOT GUILTY .
Mr. METCALFE conducted the Prosecution.
WILLIAM EMMERSON (Policeman, F 104). On 14th February, between four and five in the morning, I was on duty, and was attracted by a noise in No. 193, Drury-lane—other constables came to me, and I waited outside while they went in—it was unoccupied—you can get to 193 from 191 from the leads.
JOHN FENN (Policeman). Emmerson called my attention to 193, Drury-lane, and after waiting there some time I and the sergeant went through the next house, and on going to the back of 192, I saw marks on the leads, and the skylight was broken—I then went to the back of 191, and saw marks on the wall as if somebody had been getting over—that is a public-house—Rook followed after me, and I saw a door broken open at the back of No. 191, by which a person could get into the public-house—I went through the door which was broken open, and saw Rigby coming up from the cellar—I turned on my light, and saw Wilson lying behind the waterbutt—neither of them gave any explanation of why they were there—I found a small screw on Rigby, and he said, "Yes, I took that out of the gas-fittings"—I found the gas branches at No. 193 taken down and standing on the floor, and the glasses standing on a bench.
Rigby. Q. Is not there a way to get to the skittle-ground besides through the door that was broken? A. Not that I am aware of—I am not aware that there are two vacancies in the yard.
COURT. Q. When Emmerson called your attention and you were listening at the door of 193, did you hear anything. A. Yes; the rattling of gas fittings and glasses.
JOHN ROOK (Policeman, F 109). On 18th February, about six in the morning, I went with Fenn to 192 and 193, Drury-lane—I went to the skittle-ground of 191—Rigby was coming up the stairs, and Wilson was lying behind a water-butt—I took him in custody, searched him, and in his left-hand pocket I found this skeleton key (produced)—I asked him what key it was—he said, "This is a key which fits the door of 193"—I went back and tried it, and it unlocked it.
Wilson. It is the key that was given me to take possession of the place. Witness. You said, "We were employed to do the job," but you did not say what.
Rigby. Q. Did not I say that I was employed to take down the gas-fittings? A. No; Wilson did.
JOHN SWAINE . I am a contractor of Lime-street, City—I was employed by Mr. Gauntlett to inspect some works at No. 193—he was repairing the house for a butcher's shop—I was there between five and six on the 17th, when the men were on the point of leaving off work—the gas-fittings were fixed in their places, and all the pipes attached—there were two globes on the branch that was facing the shop-front, and two were in the cupboard—I saw the men leave, and saw the shop locked up—I was one of the last that left—I went next morning between nine and ten o'clock, and found all the gas-fittings taken down, and the gas pipes torn down as well.
Rigby. Q. On the 17th were not the gas-fitters with you? A. No; the paper-hangers and the labourers were there—the carpenter was not at work, he had done—I had had men at work on the Saturday before—I did not employ them—Mr. Gauntlett did.
WILLIAM PATTISON . I am servant to Mr. Ludby, of the White Hart, 191, Drury-lane—on 18th February, about six o'clock, I was awoke by the police—my master let the police into the house—I had made the house all safe the night before, and was the last person that went to bed—next morning I found the door leading into the back yard broken open, and found this scrubbing-brush and meat-hook—none of my own property was removed.
THE COURT considered that there was not sufficient evidence, of breaking into the house to which this indictment applied.
NOT GUILTY .
305. ROBERT WILSON (29), and WILLIAM RIGBY (30), were again indicted for stealing 2 metal branches, value 6l., and 14 feet of metal pipe, value 14s., the property of Edward Henry Gauntlett, fixed to a building, and 4 glass globes, and other articles, his property.
MR. SAUNDERS conducted the Prosecution.
THE COURT read the evidence in the last case to the witnesses Emmerson, Fenn, Rook, Swaine, and Pattison, to which they assented.
EDWARD HENRY GAUNTLETT . I live in Leadenhall-market—on Friday, 18th February, I had certain fittings at No. 193, Drury-lane—they were safe at 2 or 3 o'clock that afternoon—I bought two new branches, and this appears to be like one of them, and this meat-hook is mine—I had paid 8l. for the fittings the same night.
GENTRY (Police-sergeant, F 10). On 18th February, between 5 and 6 o'clock, I went on to the roof of No. 192, Drury-lane, and from thence to the roof of No. 193—in going down stairs, I heard a person passing over the back wall of No. 193—I went into the front shop, and found this coat (produced), with 14 feet of metal gas pipe in the pocket of it—I then went to the back yard, and saw a ladder standing against the leads of No. 193, and under the ladder I found this apron, a portion of the gas-fittings, and a screw-driver in the dust-hole.
Wilson's Defence. I was ordered to do that by a gentleman.
Rigby's Defence. At 12 o'clock on the 17th, a gentleman stated that he had taken the premises, and did not wish to pay for them, but wished us to take them down, and meet him between 6 and 7, at the corner of Oxford-street, and I took down the fittings myself.
RIGBY— GUILTY — Confined Nine Months.
WILSON— GUILTY .—He was further charged with having been before convicted.
ROBERT KEEBLE . I am beadle of St. Paul's, Covent-garden—I had Wilson in custody for a robbery with violence, and produce a certificate of his conviction (Read: "Central Criminal Court; Robert Wilson, Convicted April, 1851, of robbery with violence. Transported for Seven Years)—he is the person—he was out on a ticket-of-leave, and assaulted the police—his ticket was revoked, and he was sent back to serve his time.
GUILTY.— Four Years' Penal Servitude.
306. HENRY CASS (24) , Feloniously forging and uttering a request for the delivery of one piece of fine Irish; also a request for the delivery of one piece of black twill; also a request for the delivery of one piece of alpaca; also a request for the delivery of one piece of black one-inch twill, with intent to defraud, to all which he
PLEADED GUILTY , and received a good character.— Confined Fifteen Months.
307. MARIA BALL (27) , Stealing three coats, four pair of trowsers, and other articles, value 8l., the property of Claudino Joze Cox, in the dwelling-house of John Halls Mercutt; she PLEADED GUILTY .— Confined Nine Month.
NEW COURT.—Monday, February 28th, 1859.
PRESENT—Sir FRANCIS GRAHAM MOON, Bart. Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Fourth Jury.
308. JOHN WALSH (16), WILLIAM FORD (13), and ELLEN CASSELDINE (16) , Stealing one pocket-book, value 6d., one promissory note for 40l. and 15l. in money, of John Beddoe, from his person, and JESSE HATTON for feloniously receiving the same.
MR. POLAND conducted the Prosecution.
EDWARD DOWELL . I am thirteen years old—I live with my father and mother in Little Saffron-hill—on Tuesday, 2d February, I went to Bald-win's-gardens that morning—I saw the prisoner Ford there, and Casseldine was with him—I knew Ford before—it was between 10 and 11 o'clock in the morning—they were just by the top of Leather-lane—Casseldine said, "They are going to get me a pair of boots, will you come?"—I said "Yes"—I went with them down Field-lane, Casseldine there went into a place—she came back, and we went into Seven-dials—the boots were bought at a place down some steps—we went back to Baldwin's-gardens—I went into a public-house kept by Hatton—I went into the skittle-ground alone—that was in the morning—after I had been in there, Ford and Casseldine came in—we all three remained there till between 5 and 6 o'clock—Walsh came into the skittle-ground between 5 and 6 o'clock—Walsh said, "Come on;" and we all four went out and went down a court in Holborn—(I saw Hatton before we left—he did not say anything to us)—after we were in Holborn, we went up to a street where there is a crockery-ware shop at the corner—we went down there into Fleet-street—when we were there Casseldine met a gentleman,
and I lost sight of her—she came back to us, and Walsh and Ford said, "We will go Stop butting"—that means taking silk handkerchiefs out of gentlemen's pockets—we walked on together to a shop by Temple-bar, where there are some fountains playing—we stopped at that shop, and I saw Ford take a handkerchief out of a gentleman's pocket—he gave it to Casseldine—she was near the arch when he took it—I and Walsh were standing at the shop-after Ford had given the handkerchief to Casseldine, he said to her and Walsh, "He has got a purse"—Ford then went back to the same gentleman that he took the handkerchief from, put his hand in his coat tail pocket, and took out a pocket-book, and gave it to Walsh—I should know the gentleman again—I saw him before the Magistrate—it was Mr. Beddoe—we then all went up a street over the road, and there Walsh opened the pocket-book—before he opened it he had given it to Casseldine—when Walsh opened the pocket-book he took out a 5l. note—he said, "Here is a 5l. note, here is the water-mark"—he put it back into the pocket-book, and we all four went back to Baldwin's-place—we afterwards went back to Hatton's public-house—it was then between 8 and 9 o'clock, perhaps not so late as that—it was between 7 and 9—we went to the skittle-ground at the back of the house—I saw Hatton—he was in the bar—when we got to the skittle-ground the pot-boy was there, and some other boy—Ford and Walsh took the papers out of the pocket-book, and they both threw them down the water-closet in the skittle-ground—a big boy burnt some of them over the gas—the 5l. note was given to Casseldine—she went with it to Hatton—Ford and Walsh and I went with her—Casseldine carried the note in her pocket—she left us and went to Hatton at the bar—I saw her go—she and Hatton then came to the foot of the stairs—Hatton had the note in his hand—and after they had been there a little time Hatton and Casseldine and Ford and Walsh all went up-stairs—I did not go up—Walsh and Ford told the big boy who had burnt some of the papers over the gas not to let me come up-stairs—they were up-stairs about half-an-hour—and then Walsh, Ford, and Casseldine, came down together—I did not see Mr. Hatton—Casseldine offered me 2s., and Ford took it from her and gave it to me—when Casseldine came down, she said the 5l. note was not a good one, she had only got 7s. for it—she said she had given the pocket-book and the stamps to Hatton (I had seen some stamps in it before that)—after the 2s. was given to me, we all left, and Walsh and Ford, Casseldine and I; went to the play—the boy whom I had seen at Hatton's went with us—after we came out of the theatre Walsh left us, and Ford and Casseldine took me to a lodging-house—I did not go home—the next morning I went to Baldwin's-gardens—I saw Ford and Casseldine—I went home in the evening—I made a statement to my mother—my father took me the same evening to the police-station—I told the police-constable some of the papers were thrown down the water-closet—I saw them there the next morning when I went to Hatton's with Ford and Casseldine—I saw some papers down the water close t—I can't tell what sort of papers they were—they were written on.
Cross-examined by MR. SLEIGH. Q. You are 13 years old, are you? A. Yes; I go to school now—my father is a carpenter—I have been a thief about three months—my father and mother treat me kindly—I have a good home, and plenty to eat and good clothes—I have been three months a thief—I have been drawn to it.
Q. How came it to pass that you and your companions fell out, and you went and gave information? A. They kicked me and punched me, because I would go to the play—they made me pay out of the 2s.—I was not angry
with them for that—I had been three months picking and stealing—I never complained before—I had no quarrel with these persons—my mother asked me where I got the money—I had been stealing before, and been once in prison for stealing a waistcoat from a shop door—I have not been taken up for anything else—I had not been thieving quite two months when I was taken up and sent to prison for 14 days—I managed to thieve for two months without being caught—I have been many times flogged by my father for telling lies.
Cross-examined by MR. ORRIDGE Q. Had you seen Casseldine before that day? A. No.
HENRY TYLER (Police-sergeant, G 42). On the night of 2d February, the last witness was brought to the station by his father—he made some communications to me, in consequence of which I took Walsh, Casseldine, and Ford in custody on that same Wednesday night—they were all together coming out of the Britannia theatre, in Hoxton—I told them they were charged with stealing a pocket-book containing a 5l. note and some memorandums of John Beddoe, Esq.—Casseldine said, "Why, that is the boy that took it," meaning Dowell, whom I had taken with me—Dowell heard what she said, but he did not say anything to it—I took them to the station-there was 2 1/2 d. found on Ford, and 2s. on Casseldine—I locked them up, and I went to the White Horse in Baldwin's-gardens, to Hatton—the house was shut up—it was a little after 1 o'clock—after knocking some time, Mr. Hatton opened the door—I asked him if he had received a 5l. note from the girl Casseldine on the night previous—he said "No"—I said "I understand you have"—he said, "The only 5l. note I received was from two tall gentlemen, who came to the bar and had a bottle of wine, and I had not sufficient change, and I went to my grocer, Mr. Stone, at the corner, to change the note"—I asked him if he should know the two tall gentlemen again—he said "No"—they gave him the name of Linmore, or Livermore, or some such name as that—I did not take him into custody then—he was ordered into custody at Guildhall—I had seen him again before that—I met him on 9th February in Holborn, at the corner of Gray's Inn Lane—he spoke to me first, and said, "Well, have you found the old bloke?"—I suppose he alluded to the gentleman who lost the money—I said "Yes"—he said "How do you think you shall get on to-morrow?"(the remand was to that day)—I said, "The boy Dowell swears that you had the pocket-book, the stamps, and the 5l. note, and other memorandums"—he said, "It is all a lie, none of them were in my house that evening or that day"—there was a remand to the next day, and on that day Hatton was there, and was ordered into custody.
Cross-examined by MR. SLEIGH. Q. Did he tell you he had had a note, and had taken it to Stone? A. Yes, and I found that to be correct.
Cross-examined by MR. JORRIDE. Q. Do you know a boy of the name of Guy? A. I know him by sight.
JAMES HANDS (City policeman, 360). I took Casseldine to the police-court on 3d February—as we were passing through St. Paul's Churchyard, I said to her, "I wish you would confine your practice outside the City—if you come on this side we shall be sure to know you again"—she said, "Between you and me, that book was not taken out in the City, it was taken out near St. Clement's church in the Strand, by the boy that gave the information"—I said, "Who sold the note? the landlord there will prove that he bought it of you"—she said, "The landlord did not know the note was stolen, and had we given the little puppy a new pair of trowsers,
he would not have said a word about it"—I had seen Walsh, and Fore, and Casseldine before that, and I believe I had seen them with Dowell.
Cross-examined by MR. ORRIDGE. Q. Did you tell Casseldine that anything that she said you should be obliged to tell? A. No; I believe it began by her saying, "What do you think we shall be done with?"—I knew what she was charged with—I don't know that she sells oranges, and fruit, and lavender—I am not mistaken in saying I hare seen the prisoners together—I have been on duty in Fleet-street about six years.
Walsh. Q. Did you ever have me in custody? A. No. Ford. He has never seen me with Walsh and Casseldine. Witness. Yes, I have.
THOMAS JONES (Policeman, G 165). I am on duty in the district in which Baldwin's-gardens is—I was there on Tuesday, 1st February—on that day I saw Ford, Walsh, and Casseldine in Bald win's garden's—I saw Casseldine and Ford together—I saw Walsh afterwards—he was not with them—I saw Ford and Casseldine in the evening in Hatton's public-house, between the hours of 6 and 8 o'clock—I can see into the skittle ground, and I saw the little boy Dowell there—I did not observe any one else—I saw Walsh inside Hatton's afterwards.
Cross-examined by MR. SLEIGH. Q.. That is your beat? A. Yes—I know the public-house, and know Hatton's keeping it—I first gave evidence at Guildhall—I believe it was on 10th February—I had seen the prisoners in Baldwin's-garden's repeatedly—I had seen them on previous days.
Cross-examined by MR. ORRIDGE. Q. Do you know where Casseldine lives? A. She in general lives in Fox-court—I don't know her to be an orange girl—I came on duty that day at 3 o'clock, and left at 10—I saw Dowel playing at skittles.
Walsh. It was about 2 o'clock when I went in. Witness. I don't know—I was not on duty then—I saw you go in between 6 and 8.
Ford. I was at home with my mother between 6 and 7.
CHARLES STONE . I keep a grocer's shop at No. 32, Gray's Inn Lane, three or four doors from Mr. Hatton's house—on Tuesday, 1st February, I saw Mr. Hatton at my shop, between 6 and 7 o'clock—he asked me to give him change for a 5l. note—I said, "Yes; if you will put your name on the back of it"—he said, "It is already on"—I gave him 5l. for it is silver and gold—he took the money and went out—I have only known him as a customer occasionally—I paid the note into my banker's the following morning—this is the note.
Cross-examined by MR. SLEIGH. Q. How long has he been there? A. I have been there about two years—I know nothing of him but as a neighbour.
Cross-examined by MR. SLIGH. Q. How long had you been in London? A. I came up the night before—I received my money in the country—I had two other 5i. notes, which were country notes—I know I received this one note from my son—I did not take any memorandum of the No. of these notes—I did not write my name on any part of it.
MR. POLAND. Q. When you received this note was it in two halves? A. Yes; and I fastened it together and took some pains to do it—this is the note I am quite satisfied—the moment I saw it at Guildhall I could swear to it by my piece at the back—it is stuck together with the edge of some postage-stamp paper, which is a very common way.
COURT. Q. Do you know anything of the name of Livermore? A. No Walsh's Defence. What the boy says is false—I never touched the boy.
COURT to THOMAS JONES. Q. How long have you known Hatton's house? A. Ever since he has been there—it is the lowest place in the neighbourhood—young persons go there—these boys are there daily.
MR. SLEIGH. Q. Is it a low neighbourhood? A. Yes—never had any charge against Hatton of any kind.
Hatton received a good character
WALSH— GUILTY .— Confined Six months .
FORD— GUILTY .
CASSELDINE— GUILTY .— Confined Six Months
HATTON— GUILTY.—Recommended to mercy by the Jury on account of his character .— Confined Two Years.
Ford was further charged with having been before convicted.
WALTER HOLMES (Policeman, F 50). I produce a certificate (Read: "Central Criminal Court; William Ford, convicted, February 7th, 1858, of Stealing a purse and is. 6d.—Confined Four Months ")—Ford is the person—I had him and another boy in custody.
GUILTY.— Confined Six Months.
PLEADED GUILTY.—Recommended to mercy. — Confined Six Months.
PLEADED GUILTY .*— Confined Twelve Months,
OLD COURT—Tuesday, March 1st, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Sir FRANCIS GRAHAM
MOON, Bart. Ald.; and Mr. RECORDER.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .**— Three Years' Penal Servitude.
MR. COOPER conducted the Prosecution,
MARY ANN HILL . I am the wife of John Hill, living at Wood-street, King's-square, Middlesex—my husband is a publican—on Friday, 17th December, two men came to our house between 3 and 4 o'clock in the afternoon—Jones I can swear to—I don't know the other—Jones came towards the parlour—I got up and said, "What is it you want; is it the bagatelle room?"—he said it was—I went and got the bagatelle balls,
and my husband took them up stairs—after a time Tones came down again and asked for a pint of porter, and walked up stairs with it—about ten minutes after they both came down and went out of the door—Jones went out first and held the door open with his right hand for the other to pass out—his left hand was in his pocket After they had gone I ran up stairs and the balls were gone—there were nine of them—they were ivory, and are valued at 18".—these are them (produced)—can swear to three of them—Mr. Hill knows the marks.
GEORGE HILL . I am the husband of the last witness—on 17th December, two men came into our house—Jones I recollect perfectly—Hill I will not swear to, but I think him to be the other man—my wife answered them first—went up and took the balls to them, and put them on the table out of the bag—they called for a pint of porter which I took up to them—there were nine balls—these are three of them, I can swear to them—I have often handled them—described one as being partly dark and partly red, with the colour nearly gone out of it—and one has been plugged on one side, with a darker colour about the size of a pepper-corn—the other has a crack on one side, about three parts of an inch long—am quite certain these are the balls—there were no other persons but the prisoners in the room that afternoon.
GEORGE GIBSON . I am foreman to Mr. Tarrant, a pawnbroker of Great Charlotte-street, Blackfriars. On 17th December, Jones came with nine bagatelle balls, which he wanted to pledge for 10s—asked him to whom they belonged—he said they were his own—asked if he had any more—he said he had not—heard a noise outside the door like the rattling of bagatelle balls, and I went out, and found a person with a hand in each pocket, rattling something which I thought to be bagatelle balls—do not see that person here—returned to Jones, detained him, and gave him into custody with the balls.
JONES— GUILTY .— Confined Eighteen Months .
HILL— NOT GUILTY . (see next case.)
MR. COOPER conducted the Prosecution.
JOHN STEPTOE . I keep the Montpelier Tavern, Walworth—on 17th January, I believe, both the prisoners came to my house about 7 o'clock at night—Hill I can swear to, and I believe Jones to be the person who was with him—they went into the tap room, where there is a bagatelle board, and remained there till closing time, playing—there were other persons there—have another bagatelle room—they then came and stood at the bar—five or six young gentlemen were playing in the parlour, and after they had left, about five minutes past 12, Hill walked back as if to go to the water-closet—heard the parlour door slam, which is close to the water-closet—spoke to my potman, and said there was some one in the parlour—he said, "No there is not, for I have just turned the gas out"—he went to look, and when he came back, the door slammed again—he took a light, and met Hill coming from there—saw him—cannot say whether he came out of the parlour—he came back to the bar, and was the last person that went out—next morning I missed some balls—missed them before anybody had come to the house that morning.
EDWARD WAY . I am potman to Mr. Steptoe—on the evening of 17th January, I saw both the prisoners at our house—I saw them playing at bagatelle in the tap room—there is a parlour at the back of the house, where there is another bagatelle board—I went into that room about 10 minutes past 12—the balls were all safe then—I was the last person in the parlour, and put out the gas—about five minutes after I heard the parlour door slam—my master sent me to see who was there; in consequence of that I opened the door, and looked all round the room, but could see nobody—directly afterwards I heard the door slam again—I went and took two lucifers from the bar to light the gas, and I met Hill coming out—I said, "Hallo"—he said, "All right, I have only been to the closet"—he was then buttoning up part of his trowsers—he came from the direction of the bagatelle room, where the balls were—the next morning the balls were missing.
Hill's Defence. I was not in the house.
JONES— NOT GUILTY .
HILL— GUILTY .— Confined Eighteen Months.
There were four other indictments against the prisoners.
NEW COURT.—Tuesday, March, 1st, 1859.
PRESENT—Mr. Ald. PHILLIPS; and MR. COMMON SERGEANT.
Before Mr. Common Sergeant and the Fifth Jury.
PLEADED GUILTY .— Confined Two Years.
PLEADED GUILTY .
THOMAS— Confined Twelve Months.
GILFORD— Confined Nine Months.
PLEADED GUILTY — Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE PEARSB . I am in the service of Mrs. Rees—she keeps an eating house at Haggerston—on the 25th January the prisoner came for a pound of sausages—I served her—they came to 4 1/2 d.—she gave me a crown-piece, which I handed to my mistress—she told the prisoner it was bad, and directed me to fetch a constable—the prisoner said she was not aware it was bad.
JAKE BEES . I am the wife of John Bees—we keep an eating house—I remember the prisoner, being there on the 25th January—I received a crown piece from the last witness—I examined it and it appeared to be bad—I asked the prisoner where she got it—she said she had it from a young man the night before—I told her it was bad—I sent for a constable and gave her in custody with the crown.
WILLIAM CHRISTOPHER (Policeman N. 439). I took the prisoner and received this crown—I took the prisoner to the station—she was very un-easy and appeared to try to get her hand in her pocket—I demanded to know what she had in her pocket, and she delivered to me this purse containing a fourpenny-piece and a crown piece, which she said she had got from the same young man that she got the other from the night previous.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY GODDARD . I keep the Red Lion, in Princes-street, Westminster—on 31st January, about 7 o'clock in the evening, the prisoner came and asked for a pot of porter—I served him—the price was 4d.—he gave me a shilling—just previous to his coming in I had taken all the money out of the bowl in the till with the exception of a florin and two or three four-penny-pieces and sixpence—there was no other shilling—I put the shilling the prisoner gave me into that bowl, and gave him a sixpence and two-pence in copper—he took the beer into the tap room, and in a few minutes he came for a quartern of 5d. rum—I drew the rum and he put down a bad shilling—I broke it in two easily—I gave it him back—he took it away—and after he had gone back, I looked in my till and found a shilling in the bowl, and no other shilling was there—I am quite sure it was the one I had taken from him—I had not put any other money in the till—I went into the tap room; I there accused the prisoner of uttering the two bad shillings—he said it was a b—y lie—he then wanted to go away, but he found I was as strong as he was, and I would not let him go—he said he would be b—d if he would not—I said I would be d—d if he should—he put himself in a fighting attitude—I sent for a policeman and gave him in custody with the shilling.
Prisoner. I was drunk. Witness. I don't think he was so drunk but that he knew what, he was about.
CHARLES VINDON (Policeman, B 130). I went to Mr. Goddard's, took the prisoner, and received this bad shilling—I searched the prisoner, but I found no broken pieces—in going to the station he asked me what he was charged with—I said, "With uttering two bad shillings"—he said, "I will
see you b—d before I will go with you"—he threw his arms back—I got the assistance of another constable, and then he went quietly—I found on him a sixpence, and three pence worth of halfpence—I gave the sixpence back to him—I searched him again further at the station, and the sixpence was gone.
Prisoner's Defence. I am very sorry for it—I came up from Bristol, and had not been in London above a month before—I was in liquor.
GUILTY — Confined Six Months.
MR. BODKIN conducted the Prosecution.
JOHN PUTT (Policeman, K 197). I was on duty in the neighbourhood of Devonshire-street, Commercial-road, on 3d February, about half-past eleven o'clock at night—the houses there are almost all brothels—a woman of the town, named Walters, made a communication to me, and while she was doing that, the prisoner came out of No. 3—the woman said to me, "That is him; stop him; stop thief!"—I caught him by the left side—what the woman said, was said loud enough for the prisoner to hear it, and he seemed to run the faster—when I stopped him, he put his hand in his right hand pocket, drew out a handful of white coins, and threw them away—they sounded like metal when they fell on the stones—he scattered them very much—I picked up six shillings—I had him still in custody—I proceeded on with him to the station, and searched him there—I found in the breast pocket of his coat, two florins—I then went back, and the young woman who called on me to stop him, gave me this other florin, and here are two other shillings which were picked up in the street afterwards—as I was going with him to the station, he wanted to get away, and threatened to knock me down.
Prisoner. He handled me so rough, he tore my coat, I said if he would let me go I would quietly—the young woman said I had passed two bad two-shilling-pieces to her, and that I took them away again. Witness Yes; she said so.
Prisoner's Defence. I did not know that I had any bad money till I went with that young woman—she took all my money away—she must have put this bad money in my pocket—when I put on my clothes, I found not my own money, but other money—I went away—if I had had time to have got a cabman here, he would certify that I had some rum and water with him, and I had no bad money to my knowledge.
GUILTY — Confined Nine Months.
MR. BODKIN conducted the Prosecution.
SARAH TYRRELL . I am the wife of John Tyrrell—I keep a chandler's-shop at Fulham—on 18th February, the prisoner came about 3 o'clock in the afternoon—she asked for two ounces of tea, and some other things
—they came to 1s. 3 3/4 d.—she gave me a half-crown—I examined it and believed it to be bad—I called my husband, and showed it him—he told the prisoner it was bad, and asked her where she came from—she said, "Just below"—he told her he would go with her, and if he found she was an honest woman, he would let her go—she said, "No, you can't; it is a long way off, in Pimlico"—my husband called in a policeman, and she was given in custody—I gave the policeman the half-crown she had uttered.
The prisoner said that she did not hear the evidence, and it was repeated by the Court very loudly—she still seemed not to hear it.
COURT to the Witness, Q. Did the prisoner appear to be deaf when she was at your house? A. Very slightly so.
WILLIAM ARIS (Policeman, V 351). I was called to the last witness' shop, took the prisoner, and received this half-crown—the prisoner gave the name of Mary Ann Thomas, No. 43, Elizabeth-street, Pimlico—I made inquiry, and cannot find such a person—she appeared to be deaf when I took her.
EDWARD JOHNSON . I am a grocer, of Fulham—on 11th February, the prisoner came to my shop—she asked for two ounces of tea, and other things, which came to 1s. 5 1/2 d.—I served her—she paid me with a half-crown—I found it to be bad, and demanded to have the change back which I had given her—she said, "Give me back the half-crown, I will fetch you another, and then fetch the goods"—I got back the goods and the change, and I gave her the half-crown—I am sure it was a bad one—I tried it with my teeth, and found it quite soft metal—the prisoner said she came from the other bridge, which is about two hundred yards off—I was not to put the goods off the counter, but keep them there till she came back—I kept them there two or three hours—she did not come—she was not at all deaf when I told her the half-crown was bad—she heard me instantly.
JACOB STARR . I keep a general shop at Mark's-place, Fulham-road—on 27th January I came home about 5 o'clock—I saw the prisoner coming out of my shop—I went in my shop, and my wife showed me a half-crown which was bad—I called the prisoner back, and told her it was a bad half-crown—she said, "Is it? I will leave the things, and call for them presently"—the goods came to 1s. 1 1/2 d., and my wife gave her 1s. 4 1/2 d. change—she left the goods and the change—I gave her the half-crown, and let her go—I followed her till I met a policeman, and gave her in custody—the half-crown I had given her back was found in her hand—I had noticed a mark which my wife had made on it with her teeth, before the prisoner left the shop—the prisoner was taken to the station, but I did not press the charge, and she was allowed to go. This is the half-crown—here is the mark made on it by my wife's teeth.
Prisoners Defence. I was taken to the station, and the policeman took me to four shops, and I will take my solemn oath I was never in either of the shops before—there was a lady in one shop, and a man came in, and what they said to one another I don't know.
GUILTY — Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
EDWARD RILEY . I am a green grocer, and live in Park-road, Hornsey—on 16th February, about 5 o'clock in the afternoon, William Smith came in my shop—he asked for a 1d.? worth of apples—he paid me with a counterfeit shilling—I found it was a very bad one—I had a hammer in my hand, and I doubled the shilling up nearly—I put it down on the counter, and told him to give me the apples back—he said he had a halfpenny, and he would have a halfpenny worth—he went and I watched him—he joined the other prisoner after he had got about 100 yards from my shop—James Smith was walking on, and William Smith overtook him—they continued to walk a little way, and after that they were sometime separate—I followed them about a mile, and I saw James Smith go into Crockett's shop—William Smith was not with him, he was behind—James Smith came out of the shop—I went in and spoke to Mrs. Crockett—when James Smith came out he walked on towards Hornsey turnpike—William Smith joined him, and they were walking close together—I went a shorter road and got before them—James Smith had then got on before William some distance—I saw James stooping down doing or undoing his shoe—he was near a gutter—he had one foot in the gutter—I saw a policeman and gave them in custody—I afterwards went and showed the officer the spot where I saw James Smith stooping down—it was near a wall.
MARTHA CROCKETT . My husband keeps a little shop at Hornsey—on 16th February James Smith came in for half an ounce of tobacco—it came to 1 1/2 d.—he gave me a counterfeit shilling, and I gave him 10 1/2 d. out—I took the shilling and was just going to light a candle—I put the shilling in the till—I had no other shilling in the till—only a sixpence and a four-penny-bit—Mr. Riley came in, and I looked in the till and found the shilling I had just put in—I had no other there—I found it was bad—I put it on the window ledge, and afterwards gave it to the policeman.
JAMES WARD . I am coachman to Mr. Barrow, of Crouch End—on Sunday morning, 20th February, I was walking near the wall of Mr. Hedges, a plumber—I noticed a piece of paper lying in the gutter—there had been some rain on the Saturday night, and the paper had been trodden on—I took it up, and it contained six counterfeit shillings wrapped up separately—I took them to the station and gave them to the officer there—I after-wards pointed out to the officer and Mr. Riley the spot where I found them—we all three went together.
EDWARD WYNNE (Policeman, N 531). I took the prisoners in custody on 16th February, in Portland-lane, Crouch End—Mr. Riley gave them in custody—they were about 20 yards from each other, but walking in the same line of road, in the same direction—I did not find on William Smith the shilling which he had tendered to Mr. Riley—I said to him "What have you done with the shilling you tendered to Mr. Riley"—he said, as it was doubled up it was of no use, and he threw it away—I found on him two shillings, and a three penny-piece in silver, and 6 1/2 d. in copper—and on James Smith two sixpences and 8 1/2 d. in copper—this is the shilling I received from Mr. Crockett.
GUILTY. of Uttering — Confined Six Months each.
MR. BODKIN conducted the Prosecution.
ANN HAYNES . I am a widow—I keep a shop in Moor-lane—on 3d of February, in the evening, the prisoner came and asked for some soap and other things—they came to 4d.—she gave me a two shilling-piece—I gave her 1s. 8d. change—I thought I had seen her before—after she had left the shop I looked more particularly at the two-shilling-piece—I had no other silver—I found it was bad—I put it aside away from other coin—I gave information at the station in the morning—on the Monday afterwards, about 9 o'clock in the morning, the prisoner came again—she asked for half a pound of soap, some tea, and some butter—they came to 9d.—she paid me with another two-shilling-piece—I looked at it and tried it in the tester—it was bad—I said, "How cruel you are to bring me another; you brought me one on Thursday night"—she said, "I brought you a good one"—I said, "No, you did not"—I observed somebody at the door—she said it was her father, but he went away while I sent for an officer.
JOHN COOK (City policeman, 125). I took the prisoner in custody on this charge—I told her she was charged with passing one, and with attempting to pass another—she owned that she attempted to pass the one on the Monday morning, but the one she passed on Thursday night she knew was a good one—she said she lodged at a coffee-house in the name of Smith, at No. 95, Milton-street—I found she was lodging there.
The prisoner put in a written defence, stating that she received one of the florins from her father, and one from a person for whom she worked.
—FOWLER. I am a boot manufacturer of No. 8, Moor-lane—the prisoner worked for me as a boot-closer about 5 months—she is married—I paid her on the 3d February 3s. in good money, but I can't tell what money I paid—I paid her about half-past 5, or a quarter before 6 o'clock—I know I had four two-shilling pieces in my possession—I had nine or ten different work people to pay, and I got rid of my four florins.
Cross-examined by MR. BODKIN. Q. What name did you know the prisoner by? A. By the name of Smith—I did not know her father then, but I know him now.
SIMON CONNOR . I am the prisoner's father—her name is Emma Connor—she is married—her husband is outside—his name is Smith—she hat been married about two years, I think—I know Mrs. Haynes' shop—I went down by it on the 7th of February—I gave my daughter a two-shilling-piece—she went in Mrs. Haynes', and I went on the street, expecting her to bring me some butter, but she did not—I was rather late, and I went on to my work.
Cross-examined. Q. How long do you say she has been married? A. year and nine months, I believe—I was not present at her marriage—they got married in the country; at Northampton, I believe, or somewhere that way—that was his place, and she went down, and they came back and told me they were married—they had a furnished room in a coffee-shop in Milton-street—I went down to the shop and gave her the two-shilling-piece—she was putting on the kettle, and said she had nothing for her husband's breakfast—I told her she might have a two-shilling-piece if she would get me
some butter—I was not at the door of Mrs. Haynes' shop—I passed by, and my daughter went in—I passed on to my work—I have seen Mrs. Haynes since the prisoner has been committed—I went in the shop—I have not offered her money not to press this charge—I have not, on my oath—I went to Guildhall—I did not after that go to Mrs. Haynes—I went there before—I was told which was Mrs. Haynes' shop—I went there to know what had become of my daughter, and I was told she was committed for passing a two-shilling-piece—I did not go to Guildhall at the time of the hearing—I employed an attorney, but I was not there—I was rather late—I get my living by sawing, by hard work—I worked last for Mr. Stannad, at Rat-cliff Cross—I don't know that I received this two-shilling-piece from him—I give my money to my wife, and I had this from my wife—where she got it I can't tell.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
SOPHIA LOMAS . My father keeps a pastry-cook's shop in Compton-street, Clerkenwell—on Saturday, 19th February, I was serving there—the prisoner came from 3 to half-past 3 o'clock for a 2d. puff—I told him we did not make 2d. ones—he said he would take two penny ones—I put two penny ones into a bag—this is the bag—the prisoner produced a half-crown—I looked at it and bent it with my teeth—I said, "This is a bad one"—he said, "I took it of Mr. Green"—I said, "I think you look rather green; this won't do"—I gave it him back—I then took it and bent it a second time on the counter—I could have bent it quite double—I gave it him—he paid me for one puff, and I wanted to have the bag back again, but he said he would rather have the bag, and he went away with it—I saw him again on the following Wednesday at Guildhall—I went down stairs to him in the cell—I think there were five persons there altogether, but I knew him—I had given a description of him to the police on the Saturday—I am quite certain he is the person—he had a cap on when he came to the shop—he had not when I saw him again—I have seen a half-crown since, but not the one that he gave me.
Prisoner. I never was in her shop. Witness. Yes; you are the person—it was from 3 till half-past 3 o'clock.
FREDERICK FLINT . I am a stationer—on the 19th February the prisoner came to my shop from twenty minutes to half-past 4 o'clock—he asked for a quire of the best sixpenny note paper—I served him—he gave me a half-crown—the moment he had the half-crown in his hand I saw that it was bad—I went to the front of the counter to prevent his running away, and I sent for a policeman—I gave the prisoner in custody—I marked the half-crown and gave it to the policeman.
Prisoner. I did not run away. Witness. No; I did not give you opportunity.
THOMAS FITZROY RICE (City policeman, 331). I was sent for to Mr. Flint's shop, and the prisoner was given into my custody—I asked where he got the half-crown—he said, "From a man in Newgate Market"—he gave his mother's address, which turned out to be correct—I found on him this bag—this is the half-crown.
Prisoner. I did not say I got it in Newgate Market—I said, by Newgate Market, for going on an errand.
Prisoner's Defence. I was standing near Newgate Market—a gentleman came and said would I go on an errand—I said I would—he gave me the half-crown to go and get a quire of note paper—he said he would give me twopence—I said, "I should know the person"—the way I came by the bag was, I saw a gentleman with it, and I asked him to give it me.
JURY to FREDERICK FLINT. Q. Did the prisoner say he knew the person who gave him the half-crown? A. I don't remember that he did—he said he was sent by a man—he was in a butcher's frock—and I knew a boy had come a day or two before, dressed in that way, and uttered a half-crown, who, I have no doubt, was the prisoner.
GUILTY .— Confined Four Months.
MR. COOPER conducted the Prosecution.
THOMAS BALLARD . I am in the service of Mr. Robert Huggins, a fish-salesman in Lower Thames-street—the prisoner is my cousin—he came to me on the 22d of February, about twenty minutes past 5 o'clock—he told me he was out of work; and while we were talking together I counted some money, 7l. 1s. 1d. which I put into a canvas bag—I put the bag on a board, and put a book over it—I then just turned my back—I did not speak to any one—when I turned back the prisoner was gone, and the bag and money was gone—I don't think any one could have taken it but the prisoner—I never thought he would have done such a thing—he did not return—I gave notice to the police—I never saw any more of the prisoner till he was in custody.
Prisoner. I never saw the bag at all.
COURT to the Witness. Q. How near was the prisoner to the bag? A. The shop is not much larger than this witness box—there is a board goes along—he was within reach of it—he could touch the bag without moving—there is a board run along from where he was standing to the desk—I put the bag on the board next the desk, but still within reach of the prisoner—no other person could have got it without coming to where the prisoner was standing—I was not more than half a minute turned round—I did not hear the prisoner go out—the book that I had laid over the bag was left there.
Prisoner. I did not wish to go into the shop but he asked me. Witness. Yes, I did; you stood outside some time.
—EVANS (City police officer). In consequence of information, I went after the prisoner—I found him last Thursday evening in Great Suffolk-street, about 8 o'clock—he was leaning against some palisades—I asked him if his name was "Walker, or Holly well?—he said it was not—I told him I thought it was, and I said, "Well, go with me, and if I have made a mistake there will be ample apology made"—I took him to a public-house where the prosecutor was waiting, and he identified him as Richard Walker, who had stolen 7l. 1s. 7d.—I told him the charge—he said, "I know nothing of it; I had heard of it, and I was going to see my cousin in the morning"—I asked him where he bad spent the previous evening—he refused to tell me, or to give me any account of himself or where he had been employed—I took him to the station—he said he thought I wanted him for something else—I found 2d. on him.
Prisoner. There were two other persons in the shop.
NOT GUILTY .
PLEADED GUILTY.—Recommended to mercy. — Confined Three Months.
THIRD COURT.—Tuesday, March 1st, 1859.
PRESENT—Mr. Ald. CUBITT; Mr. Ald. PHILLIPS; and MICHAEL
PRENDERGAST, Esq. Q.C.
Before Michael Prendergast, Esq. and the Sixth Jury.
330. JOSEPH HARRIGAN (18) , Burglariously breaking and entering the dwelling-house of Ann Linstead, and stealing therein 8 lbs. of coffee, 12 ounces of tobacco, and 1 jar, value 10l., and 1s. 6d. in money, her property.
MR. DOYLE conducted the Prosecution.
ELIZABETH LINSTEAD . I live with my mother at 16, St. Ann-street—she keeps a general shop—I manage the business for her as she is a widow and an invalid—on Saturday night, 29th January, I closed the house all safe at half-past 12 o'clock, and went to bed—I came down at a quarter-past 7 in the morning, unlocked the parlour-door, and found the window-shutters a little open and unfastened—the socket of the bolt was off, and two squares were broken in the window—the till was on the floor, and the coppers were missing, sixpenny worth of coppers and two twopenny-pieces, which were there when I went to bed—I also missed this parcel of coffee, and this jar of tobacco (produced)—they are my mother's—the twopenny-pieces resembled these, but I did not take much notice of them—I (did not handle them to notice them—there was a mark upon them, but I do not know what it was.
ANN LINSTEAD . My twopenny pieces-were marked, but I cannot say how, as I had not seen them for four months—they had a punch mark, but I cannot say whether they had this J. W.—I believe these to be mine.
MARY ANN HULSE . I am single, and live at 67, Orchard-street, Westminster—on Sunday morning, 14th January, I was in Orchard-street, going home, and saw three chaps go down Orchard-street—I spoke to one of them, and asked him for a match—he had a brown paper parcel on his right arm, the other man had nothing—it was about a quarter-past 4 o'clock—the prisoner is the man I spoke to—I had seen him several times before, standing outside the White Horse, but had never spoken to him—I was acquainted with his appearance—I spoke to a constable, and afterwards went to the station-house—this (produced) is the parcel, I can swear to it—it was done up in the same way as this—it was moon-light i—this was just by New Square, which leads into Orchard-street—it was only seven or eight doors from Mrs. Linstead's shop.
Prisoner. Q. Are you sure I am the person? A. Yes; I know your clothes and everything, and I saw your face—I asked you for a Lucifer to light my candle, and you said you had not got one—I thought you were after no good and went up and spoke to you, and then I spoke to a policeman who I met coming back—I saw you in custody about half an hour afterwards—the prisoner told me to mind these things—when I was going up stairs the policeman brought the prisoner and fetched the things—I
wish I had never said a word about it, to get into trouble like this: I am no scholar.
GEORGE CORSHAW (Policeman, A 285). On Sunday morning, 30th January, I was on duty in Orchard-street, and about 3 o'clock saw the prisoner standing at the opposite corner to Mrs. Linstead's shop with the girl he cohabits with, and a number of others—I spoke to him, and he said, "All right, I am going off"—they all live in the neighbourhood, first in one lodging-house and then in another—about half-past 4 o'clock I saw him come out of New-square—they had put the gas out near Mrs. Linstead's shop—the lamp aver the square was the only one alight, and by that light I saw them come out of the square—the prisoner had this parcel under his left arm, or one like it, and the other man had the jar in his right hand—they either saw or heard me, for they went back—I found the door of No. 3 ajar, went in, and at the back of No. 2 I found these two parcels—he went by No. 3 in the front—No. 1, 2, and 3 adjoin, and form the rear of those houses—any person can escape from George-court over the washhouse—No. 8 was wide open—I turned my light on and saw foot-marks on the stairs—I went up to the top and found the prisoner up there, coiled up, pretending to be asleep; but I bad seen him with the parcel fire minutes previously—I asked him where his mate was, he said that he knew nothing of any mate—I told him that if I showed him the parcel and the jar that would enlighten him, and showed them to him—he said, "Oh, it is all foreign to me"—I have not found the other man, it was very wet, and I could not trace him—going to the station the prisoner had his hand in his pocket—I took hold of it and found in it these twopenny-pieces, four pence, and eight half-pence—No. 2 was fast back and front—the three back yards join—there is a closet at the other end which has small battens into the wall, where there are marks of persons getting over—I found the parcels at No. 2, and put them into No. 57, Orchard-street—left them in charge of the girl, and then went and found the prisoner at No. 8—the girl did not speak to me first, but another constable told me something who had seen her—I then sent her back to fetch him, and then left the parcels in her charge at No. 57, and left a constable with her in charge of the prisoner—the first house I went into after seeing the parcels was No. 8.
Prisoner. Q. Did you see me go down there? A. No; but I saw you come up—I had to come up to the top before I could see you, and when I got up you had gone.
Prisoner's Defence. It was Saturday night, and 1 thought I would sleep out—I went to sleep on the stairs, and the constable took me—I know nothing about it—I had had the twopenny pieces three or four days.
GUILTY .—He was further charged with having been before convicted.
JOHN BLUNT (Policeman, A 224). I produce a certificate (Read "Westminster Police-court, 22d January, 1858, Joseph Harragan Convicted of stealing a cloak. Confined Six Months")—I was present, the prisoner is the person—I have known him four years.
GUILTY.**— Four Years' Penal Servitude.
PLEADED GUILTY .—And received a good character.— Confined Four Months without hard labour.
OLD COURT.—Wednesday, March 2d, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Lord Chief Baron.
POLLOCK; Mr. Baron BRMWELL; Sir CHAPMAN MARSHALL, Knt. Ald.; Sir ROBERT ALTER CARDEN, Knt. Ald. M.P.; and MICHAEL PRENDERGAST, Esq. Q.C.
Before Lord Chief Baron and the Third Jury.
Upon the evidence of Mr. John Rowland Gibson, Surgeon of Newgate, and Dr. William Chapman Begley, Physician of Hanwell Lunatic Asylum, the Jury found the prisoner to be Insane and unable to plead to the indictment. Ordered to be detained until Her Majesty's pleasure be known.
In the case of ALFRED SKEEN and ARCHIBALD FREEMAN , tried October 29th, 1858 (see Vol. xlviii. p. 541), and in which case judgment was reserved, the LORD CHIEF BARON (after the reading of three affidavits in mitigation of punishment) pronounced the judgment of the Court as follows:—"You have been convicted of a fraudulent breach of trust, contrary to the 5th and 6th Vic e 30, and you have now to receive the judgment of the Court; and to me it it a most painful duty to pass upon persons who have filled the respectable stations in life that you have, the judgment of a Court of criminal jurisprudence. At the trial, the guilt of each of you was abundantly made out by the evidence. Upon your part a statement was produced, made before a Commissioner of Bankruptcy, in which that guilt was distinctly avowed; but it was produced by your Counsel for the purpose of claiming an exemption from prosecution and punishment, by reason of the statement that you then made. The point was reserved for the consideration of the Court of Criminal Appeal, and sentence was respited for that purpose. The case was argued in the course of last term, and the Judges, differing in opinion with respect to your right to the exemption claimed, by a majority of nine to five, affirmed the proceedings in this Court, the majority thinking that you were not entitled by reason of what passed before the Commissioner of Bankruptcy, to any exemption from punishment. I think it is proper that the public at large and that you should understand what was the difference of opinion among the Judges. There was no doubt at all amongst them that you had violated the law; they were all of opinion that you had been guilty of a dishonest breach of trust; the only difference of opinion was whether you were entitled to the benefit of a clause which said, that if a person who had been guilty of these acts disclosed the transaction before the Commissioner of Bankruptcy, he should not be liable to indictment unless he had been already indicted. The majority of the Judges thought that 'disclosure' meant the communication of something that had not been publicly and generally known before; and that when you had been before a Magistrate, and the whole matter had been sifted and made public, and when you had already been committed to take your trial for the offence, it was too late then to consider any communication before the Commissioner as 'a disclosure' of that which was then publicly known to every person in any way connected with the transaction. The minority of the Judges were of opinion undoubtedly that the object of the statute was to give the creditors the fullest possible benefit of any communication made before the Commissioner and that the object of the exemption from punishment was with a view to favour the pecuniary interests of thorn who were prosecuting the commission on the fiat in bankruptcy; the majority of the Judges, on the other hand, held that the legislature did not intend to postpone the public interests and the punishment of the criminal, and that the clause was framed to guard against any person in your situation from being injured, by such a statement being used in the course of a prosecution, either directly or indirectly; but there was certainly no doubt whatever in the minds of any of the Judges, as probably there cannot be in the mind of any honest person, that you had been guilty of the breach of trust and fraud with which you were charged. It is a mistake to suppose that you are indicted for the purpose of procuring restitution to the prosecutor of his bill of lading, or that your having restored it by means of your friends hat done anything towards satisfying public Justice; and it is a mistake even to suppose that because you may have had no intention to defraud the prosecutor, you are therefore free from the violation of the law. "The learned Judge, after commenting upon the various matters alluded to in the affidavits, proceeded to past a sentence of Twelve Months' Imprisonment.
NEW COURT.—Wednesday, March 2nd, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt Ald.; and MR. RCORDER.
Before Mr. Recorder and the Fourth Jury.
333. JOHN LINTON SMITH (40), Feloniously forging and uttering a promissory note for the payment of 4l. 4s., with intent to defraud; also forging and uttering a promissory note for 3l.; also obtaining 4l. of John Kemp by false pretences, to which he
PLEADED GUILTY .— Confined Nine Months.
MR. LILIEY conducted the Prosecution.
WILLIAM SIMPSON . I was in the employ of Mr. John Thomas Burrows—he carried on business at Nos. 14 and 15, Adam's-row, Hampstead-road—I knew the prisoner, he lived in Euston-road—he and Mr. Burrows were acquainted for some time—on 26th January I was in Mr. Burrow's shop—about half-past 7 o'clock in the evening Mr. Burrows and the prisoner came up to the door of the shop—I was at the door at the time they came in—when they came inside the shop, Mr. Burrows said, "Now I have got you here, I will fight you for all you are worth"—with that I said to Mr. Plews, "For God's sake leave the shop, Mr. Plews, for if you remain, I am sure there will be a row"—he went to go out of the shop, and Mr. Burrows got before him, and stopped him from going out—they then went towards the middle of the shop, after I had passed Mr. Burrows to go to the door to disperse the people—they had gone towards the middle of the shop, and were out of my view—it could not have been more than, a minute before I returned—when I did return, I saw Mr. Burrows lying on his face on the floor—I went to pick him up, and Mr. Plews walked out of the shop—Mrs. Friend did not. speak to me—I did not hear her make use of any expression at all—Mr. Webster was with me at the time—when I picked
Mr. Burrows up he did not show the slightest sign of life—Mr. Plews did not say anything in going out of the shop—I think I pushed him, and said, "What did you push him down like that for?"—Mr. Burrows was very much intoxicated, and Mr. Plews seemed as if he had been drinking a little, but not so much—though Mr. Burrows had been drinking, I did not see him stagger.
Cross-examined by MR. METCALFE. Q. Did Mr. Burrows use abusive language? A. Yes; he said, "Now I will fight you"—he said "You b—y thief"—Mr. Plews was endeavouring to leave the house—he would have left it if Mr. Burrows had not stopped him—Mr. Burrows was violent—he was intoxicated—I went to the door to clear away the people, and when I returned, Mr. Burrows was on his face—he and Mr. Plews had been friendly—they were a great deal together—Mr. Burrows had been in the habit of drinking—the last day or two before he died, he had been constantly intoxicated.
MR. LILLEY. Q. On what terms had Mr. Burrows and Mr. Plews been for about three weeks before? A. Not very good—when Mr. Burrows said, "Now, you b—y thief, I will fight you," the prisoner did not say anything—I did not hear him say a word.
Q. Did he not say something in reply? A. He said, "If you call me that again, I will knock you down"—and I said, "For God's sake leave the shop"—the deceased said he wished to fight—he did not show it in any other way than by using the expression.
BENJAMIN WEBSTER . I was assistant to Mr. Burrows—on the evening of 26th January, I heard him and Mr. Plews quarrelling when they came into the shop—I had the care of the door—I followed Mr. Plews in, and I went back to send some boys away—I stood in the doorway, and I heard Mr. Burrows say some words to Mr. Plews—Mrs. Friend came out and called me in—Mr. Plews was coming out—he was out of the shop when I went in, but I did not pay attention to his going out—Mrs. Friend spoke—I don't know whether what she said was to me or to Mr. Plews—Mr. Plews was not within hearing at that time.
ROSANNA FRIEND . I lived at No. 15, Adam's-row, with the deceased Mr. Burrows—I was in the shop about half-past 7 o'clock on the evening of the 26th of January—the prisoner and Mr. Burrows came in together—they were having some words, and I went into the shop—they both saw me, and came towards me—I heard Mr. Burrows say, "You are a thief"—he said, "I will fight you"—Mr. Plews went in a fighting attitude towards Mr. Burrows—when Mr. Burrows saw the blow coming, he turned his back, and he reeled with the force of the blow a step or two before he fell—I should say Mr. Burrows was struck in the back, because his back was towards Mr. Plews—when he fell, he fell against a drawer with an iron handle, and broke the handle—I went out, and Mr. Webster was in the street—I followed Mr. Plews into the street—I said, "Mr. Plews, I believe Mr. Burrows is dead"—he turned round, and said to me with an oath, "A good job too"—I then went back with Webster, and we lifted Mr. Burrows up—he was quite dead—while I was present, I did not see the least inclination on the part of Mr. Burrows to fight.
Cross-examined. Q. You did not see Mr. Plews strike him? A. I saw his fists go towards him—Mr. Burrows had turned round—it is not an old house—the floor was not uneven—I don't think in turning round he caught one foot against the other—he might have been drinking a little—he was a little intoxicated—he was not at all unsteady—I could not positively swear
whether Mr. Plews struck him or not, but I saw his fists go towards him—I have never said I could not say that he staggered from the blow—he staggered directly after I saw the fists going towards him—I could not say whether the fists struck him—he was a little given to drinking—he was not so intoxicated the last two or three days but that I have seen him worse.
MR. LILLEY. Q. You saw the prisoner raise his hands, and his fists went towards Mr. Burrows? A. Yes; and Mr. Burrows fell almost directly—there was plenty of light there.
JULIUS JUDAH COLLINS . I am a surgeon—on the night of 26th January I saw the deceased Mr. Burrows—I found he had a small scalp wound—I afterwards made a post mortem examination—I found a congestion of the brain; the heart rather pappy; the liver very much enlarged—on examining the interior of the skull the bone was not fractured through—there was a small splinter outside—it had not entered the brain—the cause of death was concussion of the brain—I should say such a blow as the last witness has described, and falling against an iron handle of a drawer, would be sufficient to produce that concussion.
Cross-examined. Q. Were the vessels of the brain very much gorged? A. Yes; enormously gorged—a fall in that state would produce greater effects than if they had not been so—he was a heavy man, and any fall would have been likely to produce what I saw.
CHARLES BEARD (Police-sergeant, S 23). From information, I went on the night of 26th January to the prisoner's residence in Euston-row—I found him lying down on the sofa asleep—he was undressed, and had a quilt over him—I awoke him up, and told him I wanted him—he said, "What for?"—I said, "For causing the death of Mr. Burrows, for striking him with your fist"—he said, "My God! is he dead?"—he appeared to me to be like a man just recovering from being drunk—he was then, I believe, under the influence of drink—he said, "I did strike him"—I stopped him, and told him what he said would be used against him—he again said, "I did strike him; I would strike any man who accused me of an act of villany"—I then took him to the police-station—while the charge was being entered, he was very much excited—he threw his arms about, and said, "Burrows was a villain, I did strike him; and if he is dead, his soul is gone to hell"—owing to the excited state he was in, we locked up a police-constable in the cell with him.
Cross-examined. Q. About what time was it? A. About a quarter past 12 o'clock at night when he was taken—he appeared still under the influence of liquor.
GEORGE WHTE (Policeman, S 290). I accompanied the last witness to the prisoner's house—when he was told he was charged with causing Mr. Burrows' death, he said, "My God! is he dead? I did strike him; I would strike any other man that accused me of villany"—he appeared very much excited, as if he had been drinking—we took him to the station—he appeared very much excited there, and said several times that he struck Mr. Burrows, and if he were dead his soul was gone to hell.
The prisoner received a good character as a quiet, peaceable man.
Recommended to mercy by Jury on account of his good character, and believing it was done under great provocation. Confined Two Months.
PLEADED GUILTY .— Three Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN GARDNER . I am a clerk in the General Post-office—On 22d February I received instructions to send a letter to the Post-office in the Borough—I made up a test-letter—I put in it a half-sovereign, two shillings, and five postage stamps—I marked them all—I put the whole of the coins in a slip card, secured with a piece of paper—I put them all in the letter—the half-sovereign was fastened, so as to prevent its slipping out of the letter—I sealed the letter with black—it was directed to Mary Johnson, Dartford, Kent—I gave the letter to Mr. Clare, and instructed him to post it at the South Eastern District Office in the Borough—if it were posted there before 4 o'clock in the afternoon, it ought to have arrived at the General Post-office about 35 minutes past 4—when the bag arrived that ought to have had that letter, I examined it to see if that letter addressed to Dart-ford was there, and it was not there—the next bag arrived about 35 minutes past 5—I examined that also, and the letter was not there—finding that the letter had not come, I went to the district office in the Borough, in company with Mr. Clare and an officer of the name of Smee, about half-past 6 o'clock—when I got there the prisoner was brought into a private room where I way, and I told him I wished to make inquiries respecting a letter addressed to Dartford—I asked him if he knew anything about it—he said he did not—I then asked him if he had any money in his pockets—he admitted that he had, and I then directed Smee, the constable, to search him, and from one of his pockets Smee took some silver, and from another pocket the half-sovereign which I had enclosed in the letter—I told the prisoner that that half-sovereign had been enclosed in the letter that I was inquiring for, and I asked him where he got it—he said, "I brought it from home"—I said, "When?"—he said, "This morning"—I said, "It was in the letter about 4 o'clock this afternoon"—he said, "Indeed, Sir"—this is the half-sovereign—while I was still at the post-office the letter was shown me—this is it.
Cross-examined by MR. METALFE. Q. What is the mark on this half-sovereign? A. This is it, before the last figure in the date in front of the 3—I think I must have marked it between 1 and 2 o'clock—I gave the letter between 3 and 4, and I went to the office about half-past 6 o'clock—Mr. Clare and I were in a room, and the prisoner was brought up to the room—he came up from below—he had a coat on when he came up—I have been in this department, more or less, about twelve years—I have marked money at different times for about that period—I put the same mark, but in a different part of the coin—I am quite sure of that—I really can't say how many I have marked; perhaps eighteen or twenty coins—I marked two silver coins here and one gold one—I marked the
silver coins with the same mark, but in a different place—Mr. Sculthorp is in the habit of marking some coins, and so is Mr. Clare—I can-not tell how many marked coins are sent out in the course of a year—I keep a memorandum of the letters I send out—I sometimes get the coins back—I made a memorandum of sending this letter and of the coins I enclosed in it—I have that memorandum here—I afterwards destroy the memorandum—I have a book in which I keep a memorandum of the coins which I have lost—when I recover the coins I destroy that memorandum.
MR. CLERK. Q. Does any of the money that you put in the test-letters come back to the Post-office? A. Yes; and when I recover the money I destroy the memorandum—I take the date of the coin, and the manner in which the coin is marked—the date of this gold coin is 1853, and the mark is just before the 3, and this coin has that mark and date.
MR. METCALFE. Q. What becomes of the marked money? A. It is all cut and sold—it is cat with a pair of scissors about one-third of the way through, and sold to Mr. Bult, in Cheapside.
WILLIS CLARE . I am an inspector of letter-carriers in the General Post-office—I received this letter from Mr. Gardner on 22d of February—it is directed to Mary Johnson, at John Williams', Esq., West Hill House, Dart-ford, Kent—I went to the South Eastern post-office, and posted it at a quarter before 4 o'clock—I posted it in the same state in which I received it—I afterwards accompanied Mr. Gardner to the office—just before I got in I saw the prisoner at the door—he appeared to be going in from the street—he just turned round as if going into the office.
WILLIAM SMEE . I am a constable attached to the Post-office—I went with Mr. Gardner and Mr. Clare to the South-Eastern post-office on 22d February—I searched the prisoner and found this half-sovereign in his pocket—I took him in custody—I told him to sit down, and he said, "O my God! I never took a letter in my life"—there was other money found on the prisoner in his right hand trowsers-pocket—the half-sovereign was by itself in another pocket,
COURT to JOHN GARDNER. Q. Does Mr. Sculthorp and the other gentlemen who mark coins, use the same mark that you do? A. No.
MR. CLERK to WILLIAM SMEE. Q. Has Mr. Sculthorp been at the Post-office for the last 12 months? A. No.
Cross-examined. Q. What did the prisoner say about the half-sovereign? A. That he had brought it from home with him—I went to his house—I saw his wife—I searched his house—I did not search any of the other carriers—I believe the letter was found in the pan of the water-closet on the following morning.
WILLIAM BLACKBURN . I am a plumber attached to the post-office in the Borough—by the direction of Mr. Gardner, I searched the pan of the water-closet on the 23d of February—I found in the pan this letter—the envelope is in two pieces—the seal was broken—the card was in parts—I found the letter a little after 7 o'clock in the morning.
WILLIAM BRADLEY . I am charge keeper at the South Eastern post-office—the prisoner was employed there on duty on 22d February—he came on duty about 2 o'clock in the afternoon, and was to have remained till 11.30—all the afternoon and evening he was employed in the general sorting of the letters—a letter posted there a little before 4 o'clock would pass through his hands—there were a great number of persons employed in sorting letters that afternoon, 12 or 13 persons—such a letter as this might have passed through the hands of any of those men—in due course that letter
would go to the General Post-office about 25 or 27 minutes past 4, and arrive at the General Post-office about 35 minutes past 4—the prisoner would have an interval from half-past 4 o'clock till 5, and in that time he might go out if he pleased—the active duty would commence again at 5 o'clock, and go on till half-past 6, and there would be an interval then.
Cross-examined. Q. At 4.30 he would go home to tea? A. Yes, he might—I saw he was not in the office, I don't know where he was—that, I believe, is the time that the men take off their coats and waistcoats, and have a wash—I did not see him—I don't know who went down to the prisoner when Mr. Gardner came—I did not go down—I believe he was in the office—I don't know that there is any one here who can state whether the prisoner was down in the kitchen between half-past 4 and 5 o'clock with his coat and waistcoat off, washing himself—the men go down for the purpose of getting their tea—they can wash themselves if they think proper—there are bowls and water to do so—in the office, the letters go first to the facers—they go from them to the stampers, and from the stampers they pass to the sorters—the prisoner was sorter—I can't say how many facers were employed, perhaps about three, and about the same number of stampers, and ten or twelve sorters—the sorter's tables join together, but there are distinct departments—each sorter has a distinct table, one sorter to each table—they would be a quarter of an hour or twenty minutes sorting them—the prisoner was not promoted from a letter-carrier to a sorter shortly before this—he was promoted to an in-door duty—I can't say whether that was in consequence of his good conduct—I suppose it was not in consequence of his bad conduct—I don't know that he had been in the rifle brigade, and that he was recommended by Lord Russell.
COURT. Q. How long had the prisoner been raised to that situation? A. He has been doing that duty for some months past—he has not been engaged in letter carrying—he was selected and placed on a list of persons who would have been promoted as vacancies occurred—that list had been made out about a week before.
The prisoner received a good character.
NOT GUILTY .
THIRD COURT.—Wednesday, March 2d, 1859.
PRESENT—SIR ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. CUBITT; and MR. COMMON SERGEANT.
Before Mr. Common Sergeant and the Sixth Jury.
MR. THOMPSON conducted the Prosecution.
GRORGE BAKER . I am porter to Messrs. Den and Co., of 146, Cheapside—Mr. Charles Weatherley, one of the partners, occupies the house—in February last, about half-past 7 in the morning, I saw the prisoner at the top of the kitchen stairs with a bundle under his arm, done up in a pocket handkerchief—(the kitchen is on the first floor)—I caught hold of him, and said, "What do you do here?"—he replied in a foreign language which I could not understand, dropped the bundle and ran away—I followed him into Wood-street—a man stopped him, and a policeman took
him in custody and brought him back to the house—the policeman picked up the spoons and forks on the stairs, in a bundle, which was untied—we were taking in coals; the door had been left open for that purpose—I have no doubt about the prisoner being the man—these are the spoons, I know them by the "W" on them—the handkerchief does not belong to anybody in the house.
Cross-examined by MR. SLEIGH. Q. How far from the house was he when he was taken? A. In Wood-street—he had turned the corner and gone through two or three streets—there were not many people running when he was caught; I did not pay attention to them—the man who stopped him went away, he did not even come to the station.
MR. THOMPSON. I understood you to say that the man said something to you in a foreign language—A. Yes; on the stairs.
MR. SLEIGH. Did you ever say one word about that before to-day? A. Yes; I said so to the Lord Mayor—I have never said that I was pretty sore, but that there might be a mistake—I have seen that person (A French woman brought forward)—she came to my master's place with her friends, and told me that it was her husband who was in custody, and that she was a respectable honest woman—she named some Mends who knew her, that I might satisfy myself that he was a decent man and no thief—I did not say, "Well, I am sure I thought he was the man, but I must be mistaken."
MR. THOMPSON. Q. When did she come to you? A. One day last week—I did not speak to her much, but a young man who was with her spoke French—I have a perfect recollection of what passed.
JESSE BUSHROYD (City policeman, 428). On 14th February, between 7 and 8 o'clock in the morning, I was in Cheapside—heard a cry of "Stop thief!" and saw the prisoner running down Gutter-lane, followed by Baker—I ran after him—he was stopped by somebody in Wood-street, when Baker was three or four yards from him—I could not understand what he said, he spoke in a foreign language, French I think—my brother officer picked up the bundle, and I took the prisoner back to Mr. Weatherley's—and then to the station—I searched him—he had no handkerchief—he refused his address, but I found by his pocket-book, that it was 35, First-street, Soho.
Cross-examined. Q. What do you mean by saying that he refused his address, when he cannot speak English? A. We had a young man who spoke his language—he has only one room—I found two children there.
JOHN HUMHREY (City policeman, 494). On 14th February between 7 and 8 o'clock, I heard a cry of "Stop thief!"when I was at the top of Wood-street—I ran down Wood-street and saw the prisoner come out of Goldsmith-street, followed by Baker and others—I came up directly afterwards; took him back to the house in Cheapside, and picked up this bundle (produced); close to the kitchen—it contains 16 spoons and 9 forks, which were partly in the open handkerchief, and partly strewed on the landing—they are plated.
GUILTY .— Confined Three Months.
MR. GENT conducted the Prosecution.
WILLIAM CORNELIUS FULLER . I am a warehouseman in the service, of Mr. Sill, of Dowgate-hill—on 26th January I was passing King William-street, City, between half-past 9 and 10 o'clock in the morning—there was
a great crowd which I had to pass through, and when I had got through it I saw my watch chain hanging down, and missed my watch which was safe ten minutes before—I had felt no pressure—this is it (produced).
CHARLES MAYCE . I am assistant to Mr. Jones, a pawnbroker, of Church-street, Spitalfields—I produce a watch pawned by the prisoner on 26th January, about 4 o'clock in the afternoon—this (produced) is the duplicate.
Cross-examined by MR. RIBTON. Q. Did you know him before? A. Yes; he has frequently pledged things—he pledged in the name of Bed borough.
CORNELIUS BASSETT (Policeman). On 20th February, I went to a beer-shop in Tate-street, Spitalfields, at 1 o'clock in the night, with two police-sergeants—we found the prisoner in the tap room—I called him into the bar, told him I was a police officer and had a charge against him for receiving a watch, well knowing it to be stolen—he said, "It was not me—I have not had a watch in my possession for a long time"—I said, "On or about 26th January"—he said, "No"—I said, "I refer to one you pledged at Mr. Jones', in Church-street"—he said, "I never pledged a watch there in my life"—I said, "I have a charge against you for receiving one, and you must go to the station"—he said, "Very well," and walked towards the door—I took hold of him and he leaped from the steps of the door into the street—I took hold of him again, and he tripped us all three up on the pavement, one after the other, as fast as we could get up—he called out others from the beer-shop and made a most desperate resistance—he was assisted by quite 200 thieves—as we took him to the station he did all he could to get away; but with the assistance of other constables we got him to the station—the inspector asked him what he had to say—he said, "I did pledge the watch at Jones's, it was given to me by a man to pledge who came to lodge at our house; he promised me 1s. and the duplicate for my trouble if I pledged it for as much as I could."
Cross-examined. Q. Did he tell you that he was minding a lodging-house? A. Yes; and I believe he was—he was as sober as I was—there were ten or twelve people in the beer-shop—there were not many people in the street, but as soon as they heard the row they all came out—women in their night dresses came out to the rescue; half a dozen at least—I saw a great many women who were thieves—the men were almost in a state of nudity—there is not a worse neighbourhood in the whole of London.
THE COURT considered that there was no proof that the prisoner stole the watch.
NOT GUILTY .
340. JOHN BALLARD (22) , Burglariously breaking and entering the dwelling-house of James Hales, and stealing therein 60 lbs. of tea, 11 spoons, and other articles, value 18l. 11s., and 2l. 10s. in money, his property, and 2 rings, value 2l. 10s., the property of Catherine Hales.
MR. RIBTON conducted the Prosecution.
JAMES HALES . I am a grocer, of 51, Seymour-place—on Sunday, 6th February, my house was closed at night in the usual way—I retired to bed at twenty minutes past eleven, having seen all safe at eleven—I was disturbed at night by my wife, who threw the window open, and called out "Police!" and "Thieves!"—I went down stairs and found seven canisters of tea removed from their places in the shop—five were put on the counter, and two on the floor—I found a square of glass cut out of the kitchen window, and another square cut out of the outer door leading into the kitchen, through which, if a hand had been put, the bolt was within reach—I found
that door open—the area grating was forced up from the pavement, so that a person could get down—my daughter sleeps in the adjoining room to mine.
CATHERINE HALES . I am a daughter of the last witness—I was disturbed from my sleep on 7th February between twelve and one o'clock by footsteps going from the first floor down stain, and saw the shade of a light go out—I went into my father's room, and a man rose from the bottom of the bed, and rushed by me—I said something to my mother, and she threw up the window, and called "Thieves!" and "Police!"—I could not see the man's face, as I had no light—I went down into the drawing-room, and missed half a dozen tea-spoons, a silver fruit knife, and some silver decanter labels—the plate basket had been removed from the cupboard—a cash box containing 2l. 10s. was taken from my mother's bedroom—the place was in confusion.
ELIZABETH JEFFERIES . I am the wife of a baker, of 56, Crawford-street—I was returning home on the opposite side to Mr. Hales', and heard a cry of "Thieves!" and "Police!"—I crossed and saw the prisoner come out of Mr. Hales' private door—when he had got about thirty yards tip York-street he leant against the railings, and I saw a policeman go up to him—I said to the policeman, "That is the man that came out of the passage"—I had not lost sight of him—he was taken into custody.
Cross-examined. Q. Did you see more persons than one running? A. No—Mr. Hales' shop was shut up—I did not notice any lamps, but it was a very bright night—I saw no one else running away when the prisoner was stopped—he stopped himself—I saw no one there but him—there was nothing to prevent him running off when he stopped against the railings—I heard him say that the policeman was quite in error, and that he had had nothing to do with it.
MR. RIBTON. Q. You were asked if there was anything to prevent him running away; was there not a policeman there? A. Yes; and the prisoner seemed to be hesitating—I was about half a yard from him.
WILLIAM WHITE (Policeman, D 108). I was on duty in York-street—heard a cry of "Thieves!"—went into Seymour-place, and saw the prisoner come from Mr. Hales' door a little way, and lean against the rails—I saw him come out of the house, and went up to him—he could see me—I believe that was the reason he least against the rails—he said, "Policeman, there are thieves in this house"—I said, "Why, you rascal, you are the thief"—he said, "No, I am not; it is not me"—Mrs. Jefferies crossed the road to me, and said something in a whisper—I took the prisoner into custody, took him into the passage of the house, and saw him drop these two salt spoons from his right hand—I took him to the station, searched him, and found on him this large knife (produced) and a quantity of matches loose in his waistcoat pocket.
Cross-examined. Q. What light had you? A. My bull's eye and another constable's lamp, and Mrs. Hales came down with a lighted candle—I saw the prisoner within the door in the act of coming out—he was midway out of the house.
MR. SLEIGH here stated that he could not struggle against this evidence.
The prisoner was further charged with having been before convicted.
his sentence to four years' penal servitude)—the prisoner is the person—he had previously been convicted then of being found in a house—in the February following his conviction he escaped from Newgate, but was retaken and served his time.
GUILTY— Six Years' Penal Servitude.
OLD COURT.—Thursday, March 3d, 1859.
PRESENT—Mr. Ald. CUBITT; and MR. COMMON SERGEANT.
Before Mr. Common Sergeant.
341. JOHN MORRIS READ (25), SAMUEL THOMPSON (34), and ANN THOMPSON (64) , Unlawfully obtaining 50s. of James Hunt Otway, by false pretences. Three other Counts for a conspiracy to defraud divers persons—Fifth Count, Unlawfully obtaining 5l. 3s. 6d., of George Cotton by false pretences.
READ and SAMUEL THOMPSON PLEADED GUILTY to the first Four Counts, and MR. BODKIN for the Prosecution offered no evidence on the Fifth Count. — Confined Eighteen Months.
MR. BODKIN offered no evidence against ANN THOMPSON.— NOT GUILTY .
Before Mr. Common Sergeant.
MR. POLAND conducted the Prosecution.
EDWARD FRANCIS WILKIE . I carry on business at No. 1, Cambridge-road, Mile End, as an oil and colourman—I purchased some goods of Mr. Western in the course of last year, to the amount of 3l. 2s. 9d—I paid the prisoner for them on 14th October, 2l. 19s.—that was the amount, deducting the discount—he gave me a receipt which was not signed—I Suppose it was an oversight of his.
RICHRD WOOLF . I am manager to 6 Mr. Richard Roger Western, of West Ham—the prisoner was in his employ—it was his duty to collect accounts, to enter them in a book called the petty-cash book, and hand them to me the same day—I put my initials to them when I received them—I discharged the prisoner on 1st January, at that time he had the book—he had three weeks notice to quit before he quitted—I had several times applied to him for the book—he said he had taken it home and he would bring it back—he said that many times—when he left he had not brought the book back—it was sent to me by post on 8th January—the prisoner called on me about a fortnight afterwards—he came two or three times—I saw him—the book was produced—he said, "I have entered in this book the sums I have received but not handed over"—I asked him to put down his name, acknowledging the receipt of these sums, which he did—he entered his name to some sums, but not the 2l. 19s.—I asked him what he had got to say about that account—he said, "I collected that
also, and handed it over to you"—I said, "I never received it, or you would have had my signature to it"—I opened the ledger and referred to this account—I said, "You have entered in this book 1l. 19s., the account should be 2l. 19s."—he said he had paid that to me—I asked him what he would do about the other accounts which he acknowledged to have received and not paid—he said he could say nothing about them—I sent for a constable and gave him into custody—here is the entry of 1l. 19s. in this book—it was his duty to pay me the money on the day he received it—I am sure I did not receive this money—when I receive a particular sum I enter it in the cash-book, and from that into the ledger.
Cross-examined by MR. SLEIGH. Q. Is your signature never omitted when you receive money? A. Not that I am aware of—I am not aware of any instances when I have omitted to put my signature in the hurry of business—I will not swear it, because six weeks before Christmas I was very ill—I never omitted putting my signature to a payment that the prisoner paid in—he had been in Captain Western's employ about five years—Captain Western has gone abroad, and left me to manage the business—I wrote a letter to the prisoner saying I had been authorized to discharge him—I had been authorized from Captain Western directly—the last time I saw Captain Western was in November—I told Captain Western I would—he is now on his way to the East Indies—the prisoner had not for many weeks to collect money to the amount of 100l.—many weeks he collected nothing—he collected nothing after that notice—on the day I wrote him the letter he came to see me—he expressed his surprise and amazement at receiving such a notification—he did not ask me where Captain Western was—he knew where he was—I believe he was in her Majesty's dominions—I never saw him after November—the prisoner did not request me to procure Captain Western's attendance, that he might have an explanation—I will swear he did not—there was no one present—he called on me at my residence—he came day after day, up to the time I gave him in custody—his duty was to do so—he did not receive money—I swear he collected nothing during the month of December—I don't remember that he paid me 21l. 6s. 3d. on the 16th December—the accounts were payable twice a year—I dare say he did pay into our bankers 15l. 4s. 6d. on 30th December—he got that from me—I don't remember his receiving a further amount of 23l. on 23d December—I charged him with embezzling 4l. 7s. 10d.—he has paid it to me since he has been given in custody—he admitted he had received that—I never charged him with respect to an entry of 3l. 10s. 9d.—I told the Magistrate there were other amounts embezzled—the prisoner did say to me, "This is your doing," and complained, but it was not so—there was some claim made by the prisoner for warehousing and different things—he wrote down some items which he charged against Captain Western—I could not allow them.
MR. POLAND, Q. Was 4l. 7s. 10d. the amount you found entered in the book which he had not paid over? A. Yes; I am quite sure that all the money he paid to me I put my initials to at the time—the prisoner said the 1l. 19s. was quite correct.
ALFRED SMITH (Policeman, K 118). I was on duty at Stratford on 11th January—I was called into Mr. Western's, and the prisoner was given into custody by Mr. Woolf—he charged him with embezzling 4l. 7s. 10d.—the prisoner said he had received the money and not accounted for it—he said he had received 2l. 19s. from Mr. Wilkie, and not paid it over.
The prisoner received a good character.
— NOT GUILTY .
Before Michael Prendergast, Esq. Q.C.
WILLIAM BERESFORD I keep the White Hart public-house, Temple Mills, Hackney—on 10th February I was driving out between half-past two and three in the afternoon, towards Walthamstow, and met the prisoners in Leyton, in Temple Mills Lane, coming from Walthamstow—they each had a parcel, which I saw was lead, because the handkerchief was not sufficiently long to cover it, and the ends were out—I took a policeman back to where I had seen them, and found them stooping down under a bank—they seemed to be knocking the lead together into smaller compass—when they saw me they ran away—I took Brown, and Henderson took Williams—when he first started he threw this piece of lead (produced) into a dry ditch—I picked it up as we came back—there was a third man, who stopped—we went after those who ran away, and the third one was not there when we came back.
Brown, It is quite true what he says.
DAVID HENDERSON (Policeman, N 140). Mr. Beresford gave me information, and I went back with him and saw three persons fully engaged—I got down to see what they had got, and they both ran away—the lesser one stood still—I got up in ray cart and overtook them—something tripped Williams up, and he fell—I apprehended him before he got up—we picked up the lead coming back which Brown had thrown away, and I pointed that spot out to a brother constable—it was a bank near a ditch with an arch, and a stream of water running through it.
PATRICK WHETSON (Policeman, N 129). I went to a place near the arch-way where the water runs, and found three parcels of lead—I afterwards went to an unoccupied house, and matched this lead with a vacancy on the parapet, and it fitted—I have seen this lead for years, and know it—I visited the place—the house belongs to the Hon. Lady Catherine Downay.
Brown's Defence. I had been to Leytoustone with this young man, and saw something in a handkerchief on a dung heap—I picked up the handkerchief, and it was so heavy that it tore in three different pieces—a young man who was standing on top of the heap said, "It belongs to me, and if you like to carry it to the top of the Broadway, I will give you something for your trouble"—we carried it, but when we got through the railway, I said that I would not carry it further—he said, "Then put it down here, and I expect somebody will carry it all the way for me"—when we were putting it into the ditch, the constable came up.
GUILTY — Confined Three Months each.
before Michael Prendergast, Esq. Q.C.
PLEADED GUILTY .— Confined Three Months.
MR. LANGFORD conducted the Prosecution.
GEORGE AUSTERBURY . I am shopman to John Orrick Kennard, of the Broadway, Deptford—on Thursday morning, before I went to the police-court, between 12 and 1 o'clock, Winckels and Ellis came into the shop—Winckels asked for some brocaded silk handkerchiefs—I showed him the nearest we had—I sold him this handkerchief (produced) for 4s. 6d., and sold Ellis a black lace fall at 15 1/2 d.—after they had been gone 5 or 10 minutes, I missed these 44 handkerchiefs and this scarf (produced.)—the value of them is 6l. 5s. 10 1/2 d.—I saw them safe while the prisoners were in the shop—I sold the 4s. 6d. handkerchief out of the bundle—they are John Orrick Kennard'e property.
Cross-examined by MR. POLAND. Q. Does he do a very good business? A. Yed—12 to 1 is not a busy time of day—the busy time is in the evening—the persons who serve had all gone to dinner, except me and the two apprentices, who do not serve—seven or eight of us serve in the shop—Winckels paid both for the handkerchief and the veil.
JAMES WHSTBROOK (Policeman, R 114). On 17th December, about 12 o'clock, I was on duty in Church-street, Greenwich, and saw the prisoners come out of the Mitre—I had watched Lovell in, and then I saw Winckels and Ellis come out first, and Lovell afterwards—Winckels and Ellis were walking arm in arm, and Lovell was on the opposite side of the road—I saw Winckels and Ellis go into Mr. Kershaw's shop in London-street, while Lovell stood in the street, looking to and fro—they came out and went into Mr. Wilson's shop, another draper's—Lovell was standing in the same place and walked over and talked with them all the way to Deptford; about half a mile—Ellis then let go of his arm, and Winckels and Ellis went into the prosecutor's shop—Lovell walked a little way ahead, and stood about 10 yards off on the kerb, looking sometimes right up and down, sometimes towards the shop, and sometimes away from it—when Winckels and Ellis came out, he joined and spoke to them, and they went into the Centurion public-house—I was in a shop opposite—How and Dubois joined me, and we went into the Centurion and saw the prisoners sitting in three chairs, with some beer in a glass—Ellis was between the other two—I asked them if they had any objection to be searched—Lovell said, "No; I have no objection"—I asked him to stand up, unbuttoned his coat, and found this handkerchief in his coat pocket, not the one he had bought—I asked him how he accounted for it—he said, "I found it just now in the street"—I took him in custody, and Winckels asked me what I was taking him for—I said, "For robbing people"—he rushed at me, caught me by the throat, and we were fighting for a quarter of an hour—How laid hold of him, and I laid hold of Lovell—the woman escaped, and I fell over the table—Lovell ran to get the poker and I got How's umbrella—he struck us, knocked the corner of a chair with the poker, and said that he would knock our brains out—Winckels said, "I have something in my pocket, too, if you do not let us go"—I saw this bundle of 44 handkerchiefs and 7 scarfs on the chair where Lovell was sitting—the woman was brought back.
Cross-examined. Q. Was anything found on her? A. No—Lovell allowed me to search him—How and Dubois were in the room, and at the further end of the room was old Mr. May, a solicitor, who got his table turned over, and his grog with it.
GEORGE HOW . I was with Westbrook, and saw Winckels and Ellis come out of Mr. Kennard's shop arm in arm—Lovell joined them, and they went into the parlour of the Centurion—I followed, and saw the bar-maid draw
a pint of porter—we asked if they had any objection to be searched—Lovell and Winckels said, "No"—I saw Westbrook put his hand in Lovells coat pocket, and pull out this handkerchief—Winckels laid hold of West-brook by the throat, and a struggle ensued, during which I saw Ellis take these handkerchiefs from under her cloak and place them on the seat where Lovell had been sitting: she then got away—a poker was raised by Lovell, to strike me on the head, but I warded it off with my arm; it fell on a chair, and split it in half—Winckels said that if that did not do for us he had something in his pocket that would—I believe nothing was found in his pocket which would do for us.
Cross-examined. Q. Did you go in before Westbrook? A. Yes; he was in plain clothes—the Centurion is not 100 yards from Mr. Kennard's, on the same side of the way—there is no doubt that Lovell intended to hit me—the blow took a piece off the chair, and it might have hit either of us as it was aimed.
COURT. Q. Did you see them go into Kennard's shop? A. No; I did not see Lovell until he joined them at the corner—I am an inhabitant of that neighbourhood; not at all connected with the police, but Westbrook asked me to assist him—my silk umbrella was broken all to pieces in warding off the blow.
WILLIAM DUBOIS . I live at Greenwich—I was at the Centurion on the 17th, about 1 o'clock, and saw the scuffle, but did not share in it—I took the handkerchiefs from a chair, and took them to the station—I saw Winckels with his hand against the officer's throat trying to strangle him—I fetched some more men, and took the property with me.
They were all three further charged with having been before convicted.
ROBERT YOUNG (Policeman). I produce a certificate (Read: "Clerkenwell Sessions, February, 1857; Hannah Denoah, Convicted of stealing 32 yards of cloth. Confined Six Months")—I was present—Ellis is the person, I am positive.
GEORGE TILLEY (re-examined). I produce a certificate (Read:"Central Criminal Court, May, 1858; George Cohen and Hannah Denoah, Convicted of stealing 8 yards of cloth. Confined Nine Months each")—I was present—Winckels and Ellis are the persons.
WILLIAM CUSHNIE (City policeman, 574). I produce a certificate (Read: " Henry Denoah, Convicted at the Mansion House, 28th May, of stealing a watch from the person. Confined Six Months)—I was present—Lovell is the person—he was remanded and sentenced on 4th June.
GUILTY.— Four Years each in Penal Servitude.
Before Mr. Common Sergeant.
346. EDMUND EAST (16) , Unlawfully assaulting Elizabeth Hambrook the younger, aged 5 years, with intent, &c. Second Count: Indecently assaulting her. Third Count: Indecently assaulting Catherine Eaves.
MR. SLEIGH conducted the Prosecution.
GUILTY on Second and Third Counts. — Confined Six Months.
PLEADED GUILTY — Confined Nine Months.
PLEADED GUILTY — Confined Twelve Months.
Before Mr. Recorder.
349. FORTUNATUS SMITH (18), and THOMAS HENRY CLARKE (16) , Feloniously breaking and entering a building within the curtilage of the dwelling-house of Henry Lintott, and stealing 20 lbs. of beef, value 15s., his property.
MR. DOYLE conducted the Prosecution.
HENRY LINTOTT . I am a butcher of Woolwich—on Tuesday night, 1st February, I had a quantity of meat in my slaughter-house, which was fastened in the usual way with bolts and a chain—on the following morning I found an entrance had been made, and part of a bullock had been taken away, and some salt beef, about thirty or forty pounds in all—it was worth about 20s.—the entrance had been made by getting into a neighbouring yard, and over a shed into my yard, and Into the slaughter-house—there is no door to the slaughter-house inside—that was the way they got in, and they let themselves out at the back door—they would have to unbolt it and to undo the chain—the salt beef was on the tub the previous night, and the fresh beef they took from a carcase which was hanging up.
RICHARD AUSTIN (Policeman, R 439). I apprehended Clarke on Friday, 4th February—I told him I should take him in custody for being concerned in entering Mr. Liutott's slaughter-house, and taking a quantity of beef—on the way to the station he met a lad of the name of East—East said to Clarke, "What is up?"—Clarke said, "Oh, they have got me for the beef, for walking into a bullock."
JAMES SARGENT (Policeman, R 107). In consequence of information I apprehended Smith at his lodgings on 5th February—I told him I took him in custody for stealing a quantity of meat in company with Clarke then in custody from Mr. Lintott—he denied having any knowledge of it, and said he had never seen or had any meat in his possession—I took him to the station—they were put in separate cells—I heard Smith address himself to Clarke, and say, "They have got me for the beef"—Clarke said, "They' have got us, but there were three of us in it, and that one run away when the tile was broke in the shed"—Smith said, "I fear they have found some of the beef at Mr. Mugfur's sister's"—Clarke said, "They had it for almost nothing, and now they are going to turn round upon us"—Smith said, No; it was not at Mrs. Mugfur's, it was at Mrs. Orr's"—Smith said, "We must say that when we were coming from the play at a quarter past twelve o'clock, we kicked against a bag with beef in it, and we must say that Mrs. Mugfur bought it, and would say that it was all over mud"—I went to Mrs. Mugfur.
Smith. What he says is false.
AGNES MUGFUR . I am the wife of Richard Mugfur—we live in Waterman's-fields Woolwich—on Wednesday morning, 2d February, Smith came to my house, and asked me if I wanted to buy a piece of meat—I said, "No"—he went away, and after he was gone I sent to my sister to ask her if she
wanted to buy a piece of meat, and she sent by her little boy 1s. 6d., which I gave to Smith's sister—after I had done so, Smith came back and brought a piece of salt beef, about six pounds—it was a piece of brisket of beef—it was not a low price; I have given 3d. a pound for the same part.
JAMES ORR . I work in the Arsenal—I know Clarke—I met him on the Wednesday evening after the robbery—I told him a policeman had been to our house—he said, "I thought we should be taken"—I said, "Taken for what?"—he said, "Last night we broke into a place, and had to get over a wall ten feet high; we took the tiles off a roof and got in"—some persons came by and stopped our conversation, and I went in and got my tea.
COURT to HENRY LINTOTT. Q. Were there some tiles broken? A. Yes; in getting over the shed they brought a tile down with them—that did not make a hole which they could get through—they got down into the yard and got in—the wall at the back of the shed is not ten feet high, but there is another wall which they might have got over.
CLARKE*— GUILTY OF STEALING .— Confined Eighteen Months.
SMITH— GUILTY He was also charged with having been before convicted.
JOHN PRICE (Policeman, R 198). I produce a certificate which I brought from Maidstone (Read: "October, 1858; Fortunatus Smith and two others pleaded guilty to stealing copper and iron. Confined Three Months")—the prisoner is the person.
GUILTY.— Four Years' Penal Servitude.
MR. SLEIGH conducted the Prosecution.
ROBERT HOBBS . I am a builder living in the Woolwich-road, Charlton, and am in the employment of Mr. Nicholls—on Saturday night, 29th January, about 8 o'clock, I was coming home from my master's—I had just received a 5l. note, a sovereign, and 1s. 6d. to pay the wages of four boys and a man besides myself—I had it in my purse in my pocket—I had got about twenty yards from my master's door, when I was accosted by the prisoners—the woman rubbed me up, and said "Old gentleman, do you want a woman to-night"—I said no I did not—she thrust her hand into my pocket and took out my purse and the 5l. note—I called out, "This woman has robbed me of my purse and 5l. note"—I was directly knocked to the ground by two persons—I do not know whether I was struck with any weapon—I think it was a fist caught me in the eye—I do not know what it was caught me at the back of the head—I bled in consequence of the blow, and the blood ran down my cheek—The witness Anderson came to my assistance—he took my stick and went up the road after the parties, and I followed him—shortly afterwards I saw him with the prisoners—I knew them directly—I said, "Have you got them, Mr. Anderson?"—he said, "Yes"—I said. "That is them; that is the woman that robbed me of my money"—they made no reply—I do not know how near the man was to the woman at the time she robbed me, it was not very far. it was all done in such a little time—when they came up they were walking together side-by-side—he did not stop while she was putting her hand into my pocket, he walked on—the man afterwards said that the female was his lawful wife—next morning I found my purse in the middle of the road with the 5l. note in it.
Cross-examined by MR. COOPER. Q. Did these persons come up to you, or
you to them? A. They met me—I leaned against the palings to let them pass, and the woman stopped and did as I have said—I told her to go on about her business—she put her hand in my pocket and ran away with my money directly—I felt her pull her hand out of my pocket—I put my hand in momently and found my purse and money gone—it was not raining—it was wet and dark, but this was just under the lamp-post—I only saw the man as he passed me—I suppose it was about a minute before Anderson came up—I did not go after the two men that struck me, because I knew the woman had robbed me, and I thought I would go after her—it was near the. Anti-Gallican public-house that Anderson stopped them—I did not hear the landlady of the public-house say, that the female prisoner was a respectable woman, and she did not believe she would do such a thing—they did not appear to be known at the public-house—I said they were the persons directly I got up to them—it was right under a lamp-post.
WILLIAM ANDERSON . I am a carpenter, and live at Charlton—I was going along the high road about a quarter to 8 on the night in question, and saw the prisoners running in the direction of Greenwich—I heard the male prisoner say to the female, "Come on, make haste"—I turned round and looked at them—I afterwards heard Mr. Hobbs call out, "That woman has robbed me of a 5l. note"—I saw the blood streaming down his face—I waited till he came up to me—I then took his stick from him and ran in pursuit of them—I ran about a quarter of a mile on the road before I came up to them—I knew them when I came up to them again—I walked a few steps in advance until I came to a good light near the Roupel Arms, and there I got in front of them and stopped them—I asked if they had seen an old gentleman—they replied, "No"—I said, "You have; he has been robbed of a 5l. note"—the male prisoner said, "We know nothing about it, what the devil business have you to stop us on the high road, we are travellers"—I put myself in a defensive position, and said, "You shall stop until the old gentleman comes up"—he came up in about six or seven minutes—I kept them there until he came—he immediately recognized the woman and said, "That is the woman that robbed me"—he caught hold of her arm and held her—at the same time I ran into the public-house and fetched two or three parties, and they were taken into the public-house, and then I went and fetched a policeman.
Cross-examined. Q. This was a darkish night, was it not? A. It was rather dark, but there are lamps along the road—it was not raining, there was a sort of mist—I saw the male prisoner partly searched, nothing was found on him but a few shillings—he said he was a ventriloquist, and a conjuror, and had earned the money in that manner—he did not seem to be known at the public-house—the landlady did not seem to know them—I am quite sure of that.
STEPHEN BRAMBLE (Policeman, R 211). I was called into the public-house—and took the prisoners into custody—on the woman was found only this common ring—I was present when the man was searched by another constable, 15s. in silver, and 4 1/4 d. in copper, six duplicates, and part of a pack of cards was found upon him.
Cross-examined. Q. Do the duplicates refer to clothing and things of that sort? A. Yes.
GUILTY — Confined Eighteen Months each.
Before Mr. Baron Bramwell.
MR. SLEIGH for the Prosecution offered no evidence.
NOT GUILTY .
PLEADED GUILTY . he received a good character.— Confined Twelve Months.
Before Mr. Common Sergeant.
PLEADED GUILTY .— Confined Fifteen Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. DOYLE and MCDONALD conducted the Prosecution.
SARAH GATES . I am the widow of Joseph Gates, a labourer at an iron foundry—the deceased James Gates was my son—he was about five years old when he was killed—he lived with me in Johnson-street—he went out on Wednesday evening, 16th February, in good health, and was brought home to me at a quarter after 7 o'clock quite insensible—Mr. Thompson, the surgeon, followed him immediately—he had a graze on the head, and all down the side—he only lived two hours and 40 minutes.
JAMES BALAAM . I am 14 years old, and am in the service of Messrs Hapgood, at Vauxhall, who sell coal and coke—I knew James Gates—he was in the habit of playing at my master's place—on 16th February, in the evening—I was directed to take a truck with some coals and coke to Vaux-hall-wharf, and the little boy asked me to let him ride on the truck—I did so—as I was going down the near side to Vauxhall-wharf—there were some cabs on the right hand side standing still, and this wagon and three horses was behind me, following me—the three prisoners were with it, but I only saw Heath at first—he was driving at the side of the horses, they were three in a row, one before the other—I do not know whether he was with the first, second, or the one in the shafts. Horsley was up in the van—I called out, "Will you stop, please, while I get further away, as there is not sufficient room;" in a loud voice—Horsley could hear me—no answer was
made, but they kept coming on—I told him to stop, but Heath kept telling me to go on, and kept whipping the horses on—I went as fast as I could to get out of the way—I was between the two handles of the truck, as if they were shafts—the fore wheel of the wagon crushed the truck and turned it round, and then the child fell over underneath the barrow—the hind wheel went completely over the truck and crushed the child, and I fell down in the mud—I saw the hind wheel go over it—the wagon went on and some-body stopped the men—there is a foot pavement there—I was not two inches from the kerb stone.
Cross-examined by MR. SHARPE. Q. Was this on the near side of the way? A. Yes—I am certain I was not more than two inches from the kerb—if another witness has said that I was a foot off it, it is not true—the fore wheel struck the edge of my wheel, which rather tilted the barrow to the other side, and the child was thrown out on the right-hand side and got below the barrow—he was not thrown out; he was tilted over about half a foot from the side of it—the hind wheel caught the child between the two sides of the truck—there were two cabs on the right-hand side of the road, and a truck—this is a dark lane—it was 7 o'clock in the evening—there was a lamp close by where it happened—when I first saw the wagon, it was three or four yards behind me, going about the usual pace that horses in wagons go—it had a few sheets of copper in it, not a full load, it was rather a long wagon—it caught me up and struck my wheel a few seconds after I had first seen it—the more I told the man to stop, the more he kept whipping the horses on—I called out to him to stop three times—I swear that I did not see Heath hold up his whip, I saw it in his hand—if he could not stop the horses it would be the best plan to turn to the side, in order to avoid running over me—I was rather frightened, but can speak with certainty as to the particulars of the way the accident happened—I fell down, but got up again—the fore wheel caught my chest—the wagon stopped shortly afterwards, and I went and told my master, a man having picked up the child and taken him to the doctor's—I did not see Horsley in the wagon when I came up, but I did afterwards—he was sitting with his back to the near side of the truck—he did not speak, if he had I should have heard him—the wagon kept going on while I was scrambling to get up—I do not know how much further it went—it was still going on when I went to tell my master.
Cross-examined by MR. ORRIDGE. Q. Was your truck so close to the kerb that you found you got on to the kerb? A. Yes; and the child fell over and fell out, and in another moment the wagon came upon me—in moving the horses and wagon to get out of the way the wagon came in the way of my truck.
MR. DOYLE. Q. Did you say that you fell down on your breast? A. Yes, when the fore wheel struck my truck—I laid there a little while, not long, and was scrambling to get up, when the hind wheel went over—the wheel of the truck did not get up on the kerb before it was struck by the wagon, the concussion pushed it up there—the wagon was three or four yards behind me when I first saw it, but the horses were close to my side, and Heath was close to me, so that I was able to speak to him—I think if Horsley had spoken loud I should have heard him.
WILLIAM BRADY . I am a cab driver, of Vauxhall-street, Lambeth—on 16th February, about 7 o'clock in the evening, I was in Vauxhall-wharf, following a wagon and horses with my cab—I noticed a cab without a horse, standing on the off side, and a truck close to it, and immediately afterwards
I heard a crash—as the wagon passed the cab it went over a barrow and went on—I drove up opposite the barrow, and saw the boy who had been drawing it, staggering for his life in the gutter—I saw the child picked up from under the barrow, and laid on the path—I saw the wagon go on after the cart was smashed—I saw no one in the wagon—I know Horsley—he seemed worse for liquor, but I should not say he was very drunk—I had no conversation with him—I said, "Why don't you take the child to the doctor's?" and Heath said, "What have you got to do with it?"—when the barrow was taken off the child, I saw that he was lying under it—I did not see what distance the barrow was from the wagon before the accident.
Cross-examined by MR. SHARPE. Q. At all events, did you see that the barrow was more than a foot from the kerb? A. Yes; I cannot say that the barrow was more than a foot from the kerb at the time it was struck—I did not say so just now, I said the fore wheel of the wagon—I have been examined before, and have always given the same account, as near as can be—I saw nobody in the wagon—Horsley seemed very much excited when he came up to me—I cannot say whether that was from drink—the wagon was stopping then—it is rather a dark lane—there is gas, but not sufficient.
MR. DOYLE. Q. Did you notice any lamps? A. Yes; it was done just opposite the cab yard—there was no public-house near, not before the wagon—the gas lamp was about fifty yards ahead, there was none nearer.
RICHARD BROWN . I am a gas lighter, of 28, Albany-street, Lambeth—I was in Vauxhall-wharf on this evening, and saw the truck, about thirty yards from me, and the wagon a short way behind it—I was going towards them both—I had just passed the wagon at the time of the accident—Heath was at the head of his horses—I cannot say which horse, but I think it was the first—I turned round, and some one hallooed out, "Stop your horses"—Heath stopped the horses for a very short time, about a moment, but so as to bring them absolutely to a stop, when some one in the wagon hallooed out, "Go ahead"—Heath then touched the horses with the whip, and they went on again—the second horse was by the side of the truck, and Heath put his hand to the truck, in the act of shoving it out of the way—I walked on, and heard a crash—I turned round, and saw the hind wheel of the wagon going over the barrow—the wagon kept on—I did not see it stopped—the child was picked up—I saw some cabs on the opposite side—there is a lamp-post about thirty yards in advance of where the accident happened—there is no gas-lamp on the other side of the street—it was not very dark.
Cross-examined by MR. SHARPE. Q. When was it that Heath stopped the wagon? A. Just as I got to the side of the second horse—if Balaam has said that he never did stop, I should say that he is mistaken—it is true that the wagon stopped before me—I was in company with another man, Richard Edge—I do not know who it was that said, "Go ahead," b✗ the voice came from the fore part of the wagon—it was not after the accident that that was said—Langham was not with me—I know him no further than seeing him—he was not walking with me—if any one says that he was, it is not true—if Langham says that the words, "Go on" were used after the accident, that is not true.
Cross-examined by MR. ORRIDGE. Q. Did the boy push the truck out of the way of the horses? A. He tried to.
MR. DOYLE. Q. Was the stoppage a momentary stay of the horses' speed? A. Yes.
WILLIAM LANGHAM . I am a labourer, and live at the model lodging-houses, Vauxhall-wharf—I was at the spot when the fore wheel of the wagon caught the barrow, and the hind wheel went over it, capsized the child, and jammed it between the barrow and the wagon—the wagon went on till it was detained by the owner of the barrow—I heard nothing said before the accident by anybody; but after it was over, Horsley, who was in the wagon, said to Heath, "Go on"—Horsley came down from the wagon after it had been stopped.
Cross-examined by MR. SHARPE. Q. Are you quite sure it was after the accident that Horsley said, "Go on?" A. Yes—they did not stop at all till they were forced; they just slackened the horses a little before the accident, but did not stop quite short—Brown was there—I was not walking with him, he was a little ahead of me.
THOMAS HOBGOOD . I live in Johnson-street, Lambeth, and deal in coals—the boy Balaam was in my employ in February last—in consequence of information, I went to the place where the accident occurred—I asked for the wagon which did it—they said, "There it goes, along there"—I stopped it, 90 or 100 yards from the spot—I saw the prisoner Horsley was very much gone indeed in liquor—he asked me to let go of the horse and let him go on, but I said that I would not till I saw a constable.
Cross-examined by MR. SHARPE. Q. Did not Horsley appear very much excited? A. He was very much intoxicated.
Cross-examined by MR. ORRIDGE. Q. Was there a cart and a cab on one side? A. Yes; on the off side.
GEORGE MOULD (Police-sergeant, L 12) On the evening of 16th February I was called into Vauxhall-walk, and saw the wagon, which was some 70 paces ahead of the fragments of the barrow—Horsley came to me and said, "It was my fault; I have had too much to drink, and I let the boy drive"—he appeared very far advanced in drink.
Cross-examined by MR. SHARPE. Q. Might not the state he was in have proceeded from excitement? A. He did not appear excited—I did not go with them to the police-station—Prior was there when I arrived—I did not see the wagon start off, but I heard it go—I told Horsley he had better drive it, to see whether he was capable of doing so—I stated that to Prior.
Cross-examined by MR. SHARPE. Q. Did not he drive? A. he held the whip in his hand and walked by the side, but I was obliged to take hold of the horse.
WILLIAM MERTHWAITE THOMPSON . I am a surgeon of Vauxhall-wharf—this occurred some distance from my door, and the child was taken to my surgery, in a state of collapse, from which it did not recover—I believe the collapse and ultimate death were caused by the accident—Horsley came to my shop—he was intoxicated.
Cross-examined by MR. SHARPE. Q. What was the cause of death? A. Collapse—the life was squeezed out of him—I saw that he had suffered from concussion, evidently by a large contusion on the chest, as if any-body had pressed it against the ground and the barrow.
Cross-examined by MR. ORRIDGE. Q. How long did the child live? A. About two hours.
MR. DOYLE. Q. I suppose he was hardly breathing when brought to you? A. Hardly.
MR. SHARPE called
HENRY WILLES . I am in the employ of the prisoners' master—Horsley has been there several years—he is a steady careful man, and they are willing to take him into their service again—Heath has been in their service about fifteen months, he has driven for that time, and is steady and sober—my masters are also willing to take him back.
Cross-examined by MR. DOYLE. Q. Where do they carry on business? A. At Brook's Wharf, Upper Thames-street—I saw Horsley when he went out, there was nothing the matter with him then or he would not have been sent—he was in charge of the wagon, and Heath was sent with him to take care of the loose sheets on their return.
HORSLEY— GUILTY .— Confined One Month without hard labour.
HEATH— NOT GUILTY .
MR. PLATT conducted the Prosecution, and MR. LEWIS the Defence.
GUILTY of the attempt. — Confined Eighteen Months.
Before Michael Prendergast, Esq. Q.C.
MESSRS. CLERK, POLAND and GENT conducted the Prosecution.
WILLIAM SENIOR . I am bar-man at the Feathers public-house, Bermondsey—on 29th January, the prisoner came and offered a five shilling piece for change—I showed it to my fellow bar-man, Billers, who showed it to my master, who put a mark on it, and asked the prisoner where he got it—he said that he received it from his master, and that he worked at a glue factory—Billers asked him if he had got any more—he produced another shilling, which he also said he got from his master—it was given to my master, and he directed me to go to the glue factory with the prisoner—I went, and after we had got about a quarter of a mile he ran away—and the next I saw of him was at the station on the following Tuesday—I am sure he is the man.
WILLIAM HENRY BILLERS . I am bar-man at the Feathers public-house—I saw the prisoner there on 29th January, and in his presence Senior gave me a crown, which he said he had received from him—I examined it, told him it was bad, and asked him if he had any more—he produced another shilling, and said, that that made six shillings which he had received of his master—we gave the shilling and crown to our master, and the prisoner and Senior went out-r—I saw the prisoner in custody on the following Tuesday, he is the man—I heard him say that he worked at a glue factory, about half a mile from our house—I saw my master mark the money, and am sure this is is the same coin which the prisoner tendered.
WILLIAM AYLEY . I am landlord of the Feathers public-house, Dock Head, Bermondsey—my bar-man gave me a shilling and a crown, they were partly marked by me, and partly by a friend—I gave them to the bar-man.
COURT to W. H. BILLRS. Q. Did Ayley give them to you back? A. Yes; and I wrapped them in paper, and placed them carefully away in a cigar box where there was no other money—I gave them to the constable
on the Tuesday after the prisoner was taken to custody, and am sure they are the same.
JOSEPH WELLACOTT (Policeman, M 224). From information I received I apprehended the prisoner on 1st February, and told him it was for passing bad money at the Feathers' public house. Dock Head—he said that he knew nothing about it—I received this shilling and crown from the last witness.
The prisoner's statement before the Magistrate was here read as follows:—"I picked them up under the railway arch, and took them into the public-house, and they were found to be bad."
Prisoner's Defence. I picked them up, I did not know they were bad; he asked me if I had any more—I said, "Yes"—he said, "Where did you get them"—I said from my master—he asked me where my master lived, and I went about twenty yards with him, and ran away when I saw what it was.
GUILTY .**— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
CHARLES DOWNE . I keep the Queen's Head public-house, Fendall-street, Bermondsey—on Friday, 4th February, the prisoner came and I served him with half-a-pint of porter—he laid down a piece of metal representing a shilling—I bit it asunder, and said, "What do you call this"—he said, "I beg your pardon, I did not know I had got such a thing as that in my pocket"—he pulled out a similar thing, and I bit that asunder, and asked him if he had got any more—he said, "No"—he drank part of the beer—I got a person to mind him while I got a constable, and gave the two shillings to him—they had not been out of my hand—he gave no account of himself.
WILLIAM LAWRENCE . (Policeman, M 128). I took the prisoner at Mr. Downe's, and received from him the pieces of some shillings—he said that he was not aware they were bad—I found nothing but a duplicate on him.
The prisoner's statement before the Magistrate was here read as follows:—" I did not know they were bad—I received them from a man in exchange for a pair of compasses, a ruler, and other articles—I do not know what man."
Prisoner's Defence. I came to London on 3d February—I was compelled to part with my clothes and other articles to live upon—I asked a man in Shoreditch where I could sell some things I had in a bundle, and he said he would give me 2s. for them—I took them to the public-house and they were bad—I was quite astonished.
GUILTY .— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
CHARLES ROBINSON . I keep a tobacconist's and general shop, in East-street, Kennington-road—on Friday evening, 4th February, near 6 o'clock, I saw the prisoner served with half-an-ounce of tobacco by my sister—the price was 1 1/2 d.—he gave me a half-crown—I did not notice that it was bad.
but gave him change one shilling, two sixpences, and four-pence halfpenny in copper—he left, joined another soldier outside, who was looking in at the window, and went down East-street—I then took up the half-crown and found it was bad—I had not parted with it out of my hand—I searched several public-houses in Lambeth-walk, but could not find the prisoner—I then came up Regent-street, and saw him with another soldier, about 100 yards from my house—I followed them to Lambeth-walk, met an officer, and accused the prisoner of passing a bad half-crown at my shop in East-street—he said that he had not been in East-street—the constable took him—the other soldier followed a short way and then left—I gave the half-crown to the policeman—I am sure the prisoner is the man—I know him by his hair and his moustache being a different colour.
Prisoner. There are a great many soldiers alike. Witness. I saw none but you and your companion—I am quite certain you joined the same soldier in Regent-street, who was outside the shop—he was a very young man with lightish hair.
CLARA ROBINSON . I am a sister of the last witness—on 4th February, I served the prisoner with half an ounce of tobacco—I am quite certain of him—he laid a half-crown on the counter, and my brother gave him change—I saw another soldier outside, but did not take notice of him particularly—my brother kept the half-crown in his hand, and went after the prisoner.
THOMAS MCAULEY (Policeman, L 169). On 4th February I was on duty in Lambeth-walk, and Mr. Robinson gave the prisoner into my custody, and charged him with passing a bad half-crown—he denied having been in East-street—after I took him he said that he was in Rose's beer-shop in East-street, having half a pint of beer, but still denied being at the prosecutor's—there was another soldier with him—Mr. Robinson gave me this half-crown (produced)—I searched the prisoner at the station, and found 1s. 6d. in silver, and 2d. in copper, good money—I found no tobacco on him, but they were smoking when I met them.
AGNES EWIN . I am bar-maid to my uncle, Mr. Jackson, who keeps a public-house in Regent-street, Lambeth, about a minute's walk from Mr. Robinson's, in East-street—about 6 o'clock, or a little after, on that day two soldiers came, but I cannot swear to either of them—they had some porter, and asked for pipes—they bought no tobacco of me—one of them had been in service—he had short red hair, and a red moustache, But I cannot swear to the prisoner—I should recognise him better with his cap on—the other was fair and much younger.
The prisoner's statement before the Magistrate was here read as follows:—" I was never in the man's house in my life—the soldier with me was a stranger to me."
Prisoner's Defence. I never was in the shop—I had come from Brixton with another soldier, and went into the public-house and had a pint of beer—I am a stranger to that part.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
MARY MILTON . My husband keeps a chandler's shop at 10, Sun-street, Walworth—the prisoner came on 3d February, between 2 and 3 o'clock, and said, "How do you do, Mrs. Milton"—I said, "You have got the advantage
of me"—she said, "Do not you know me?"—I said, "No, my girl, I do not know you"—she was tipsy—she said, "Do you know Mr. Young who lived at your house?"—I said, "Oh yes, the old man is dead"—she said, "My husband has plenty of work and he will pay 10s. a week until the debt is paid"—she said that Young was her husband's father—I knew her husband from his living with his father, and had seen the prisoner before, but not within the last six years—she said, "Cut me a 1/4lb. of bacon"—I did so, and she ate it in the shop, all but a little bit which she gave to the baby—it was cooked bacon—I did not give her a plate, and knife and fork, as I did not know she was going to eat it—it came to 2 1/2 d., she threw down half-a-crown—I put it on the counter by my side, as I generally do, and gave her 2s. 3 1/2 d. change—she said, "I have got a half-quartern loaf which is of no use for my family, and you may as well weigh me two half-quartern loaves"—I put them on the counter, and she put down a florin—I said, "You have no occasion for change, when I have just changed money for you—she said, "Give me change," I then tried them, and they were both bad—I said, "It seems as if you came to make yourself known to me, to pass bad money; go about your business, and give me my good money back, or I will send for a policeman"—she called me very bad names and wanted to fight me across the counter—she was very violent—I gave her her half-crown and florin, and she knocked half of the florin down at her feet, which the policeman picked up—she had a baby in her arms—my son sent for a policeman, and the prisoner tried to slip through the parlour, from which there is a way out, to the coal shed, but a friend who was in the parlour prevented her—a constable came, and I gave her in custody—he put his hand to her throat to make her reject something—I saw her drop a florin from her left hand, and the policeman picked it up—it was the one which I had bent.
JONATHAN COOK (Policeman, P 254). The prisoner was given into my custody—she appeared to have something in her mouth—I caught her by the neck and asked her to open her mouth—she would not, but after a short time she opened it a little way so that I could plainly see a shilling between her lips and her teeth, but I could not get at it—I kept hold of her neck to prevent her swallowing it, but she made such a noise with her throat that I was afraid I was doing her some harm, and eased my hands, and then she must have swallowed it, for she opened her mouth and there was nothing there—I opened her hand with a great deal of force, and found a bad half-crown in it and 8s. 2 1/2 d. heard this florin drop from her, and picked it up (produced)—she had a basket with two pieces of meat in it, some fish, and a 2lb. loaf—she said that she received the money from the landlord of the first public-house on the left-hand side through Camberwell-gate, going towards Camberwell—I went through the gate, and the first public-house on the left is the Fountain, kept by Mr. Gogay, who said before the Magistrate that he had not given her change.
SAMUEL GOGAT . I am the landlord of the Fountain, which is fifteen doors from Camberwell-gate, on the left side, as you go through towards Camberwell—I do not know the prisoner—I did not give her change for a sovereign, or see her till I saw her at the office—I have two girls to serve at the bar—no male serves there—my girls are very clever, and never take bad money—I do not serve or give money at the bar—the prisoner did not get this money in my house.
The prisoner's statement before the Magistrate was here read as follows—"I got change for the sovereign at a public-house just through Camberwell-gate—I
got four half-crowns, two two-shilling-pieces, and the rest in shillings and sixpences—I did not swallow a shilling—I was very tipsy."
Prisoner's Defence. The policeman tells a falsehood—I had a bit of bacon in my throat, and he nearly choked me—Mrs. Milton said, "Lock her up, the beast"—I said, "You know me very well, I will not run away;" and my poor little child was on the ground crying.
JURY to MARY MILTON. Q. Had the bacon rind on it? A. No; I always take that off before I cut it—she was ten minutes or a quarter of an hour eating it—if she had only been decent and quiet she might have gone off—I knew her husband before he was married, and never knew anything against him—there was no gristle in the bacon, and I saw the shilling in her mouth.
The prisoner received a good character.
— NOT GUILTY .
Before Mr. Recorder.
LEWIS THOMAS . I am a warehouseman in Cheapside—I have some property in the Cornwall-road, Lambeth—the house No. 109 is mine—I purchased it several years ago at the Auction Mart—on 4th November I was in possession of that house—I was at the house on that day—the prisoner had been in the house, and was put out, and tried to force her way in again that day—she broke the shop window with her fist, and then pushed her head through the broken square—she was released from that position, and taken off to the station by the police—bail was accepted for her appearance on the following day—after she was taken to the station the house was securely fastened up, so that no one could enter—I was not there on the 5th.
Cross-examined by MR. RIBTON. Q. You were not living in the house? A. No; the defendant was, and had been for some time, I don't know how long—I saw her there some time in October, and called a policeman and desired him to remove her out of the house—he would not do so—I do not know that she had been living there since 29th September—I had her put out on 4th November, not with violence—three men put her out—they carried her out—she would not go without—McGrath was one of the men—I do not know whether he is here: I told him if he would stop in the house and take care of it, I would give him 1l. a-week as long as Mrs. Collins, or Mrs. Buckle, as she is sometimes called, remained there—McGrath took the house to open as a chandler's—he took it of Ensol, the previous tenant—the other man was Dunn, a bricklayer's labourer—I paid him about 2l. for this—he had been there two or three days previously by my orders—I don't know the name of the third man, but he is now in the artillery, he was not then, I don't know what he was, McGrath introduced him to me—I paid him the same, about 2l.—she was not dragged out by force, nor did she receive considerable injuries—she cut her head sadly when she put it through the broken glass—I do not know that she received such injuries that day that a medical man attended her for a month or six weeks—I sent
Dr. Harris, of Horsemonger-lane gaol, to her—that was during the time that she would not appear to various summonses before the magistrate—she was in the house then, I could not get her out—I know Mrs. Cole—I believe she is the sister of the man that Mrs. Collins lives with—I did not see Mrs. Cole the same day or the day after the prisoner was turned out—I think Mrs. Cole was at the door the night she was put out—I did not, to my recollection, say to her that I was obliged to employ these sort of people to do such dirty work—I did not say so, or anything like it—I swear that—I gave the prisoner into custody for breaking the pane of glass—the matter was investigated the next day before the magistrate, but he declined to interfere, as there was a question of title concerned—it was after that, on the 5th, that the forcible entry took place, but I was not present—there was no one in the house—it was locked up, and I had the key in my pocket—applied for a warrant next morning—I did not get it—the magistrate I granted a summons a day or two after—the hearing of that summons was adjourned for several weeks in consequence, as it was said, of the prisoner being unable to attend, but I was of a different opinion, and that was why I sent Dr. Harris to her, and the magistrate endorsed the summons with his opinion that she had been trifling—I think there had been six adjournments when I sent Dr. Harris to her—she was in the house at the time I got the warrant from this court after the finding of the bill—before I indicted her here I had been served with a writ in an action, which was tried the other day in the Court of Queen's Bench—McGrath was Ensol's tenant, but he surrendered his tenancy, and I got him to remain in the house—I have not quarrelled with him—I told him to leave, and he has left—I did not want him there any longer, when Mrs. Collins was taken out.
MR. SEDRGENT BALLANTINE . Q. Was the writ you have spoken of, the writ upon which you appeared in the Court of Queen's Bench during the last sittings at Westminster? A. Yes—the defendant was examined on that occasion—I heard her make a statement in relation to what occurred on 4th November—policemen and other parties were examined—I was examined, and there was other evidence for me—I purchased this property about eight years ago, and had been in occupation of it by my tenants, and received rent for about eight years without any molestation, up to the time of the defendant annoying me, about the latter end of September—I had not given her any authority to go into the house—she had no authority from me to occupy the premises—I had not given any authority to any person to allow her to do so—I had endeavoured up to 4th November to get her to move—I had gone personally to her—it was only after that that I took the means that have been mentioned to get rid of her—she met me by stating that it was a regular lark to stop there; didn't I wish I might get her out—on the day that I did get her out, I first requested her to go—I told her she had no right to annoy me or my tenants, and she had no right there—she was removed and put on the pavement I believe as gently as it was possible to remove her, and after she had been on the pavement a moment she jumped up and put her fist through the window—it was after that that she was given into custody—I heard the evidence of the prisoner, and all the evidence given on the trial before Lord Campbell.
MR. RIBTON. Q. When last before September had you received rent? A. At the Midsummer quarter—that was from the immediate tenant occupying the house, Ensol—McGrath did not hold under him until Midsummer—McGrath never paid me any rent—if he paid anybody it was Ensol—I have not received the whole of the September quarter yet—I had no
claims on McGrath for the September rent—Ensol is here—there is a paper which can be put in, showing the letting by McGrath to the prisoner—he had no power to underlet—McGrath surrendered the premises to me.
MR. SERGEANT BALLANTINE. Q. Did you make any arrangement with McGrath to accept him as your tenant? A. Yes; and he subsequently surrendered his tenancy into my hands—he brought me the key, about the middle of October—it was after that that I put him on the premises as my servant—that was before the prisoner broke in—she was in occupation at the time McGrath brought me the key.
SUSAN MCCARTHY . On 5th November, between eleven and twelve in the day, I was in the Cornwall-road, and saw the prisoner come up with a hammer and screw-driver in her hand—the shutters of the house were closed—she removed the long iron bar that went across—she did that with the screw-driver and hammer—she then loosened the middle shutter—when the shutter was down, I saw that there was a broken square of glass—a person living next door brought her a chair—she got on it, and got in through the broken square of glass—she had a great difficulty in getting in, because she had a great quantity of petticoats on—a great many persons collected outside, and there were very low expressions, and a great deal of noise, and shouting, and hooting, and cries of "Shame," at the prisoner for exposing herself in the manner she did—she got in at last by another person pushing her in—a number of people then came to the window, and she told them to help her because she was determined to keep possession of the house—she opened the door and a quantity of people went in to her, and some liquor was brought—Mr. and Mrs. McGrath were there—I waited for some time to see if I could speak to them, but having a child in my arms, I could not go into the house, there was such a mob.
Cross-examined. Q. Had you seen her in the house before? A. No—I was a stranger—I knew Mrs. McGrath, and that was my first visit there—I was given to understand that McGrath took the house of the prisoner—there was no one in the house when I saw it—I believe McGrath was living there before that—I saw Mr. and Mrs. McGrath go into the house together afterwards—I heard Mrs. McGrath tell the prisoner not to pull up the board that was placed under the window, or destroy Mr. Thomas' property, and she replied that she would do it, for she was determined to keep possession of the house, she would not go out for any one—I heard Mr. and Mrs. McGrath speak to the people to fetch a policeman to turn her out—a policeman was fetched—I do not know whether he declined to interfere, I did not particularly notice, there were so many persons, and I had a child in my arms—I was about a yard from the prisoner when she got in at the window—I should think there were from twenty to thirty people there at the time—I saw her with a hammer in one hand and a chisel or screw-driver in the other—she removed the iron bar with the chisel—I did not know any of the people there—I did not Bee Mr. or Mrs. McGrath shake their fist in the prisoner's face—when I left there was a great bother and a great mob of people—McGrath is a porter, I believe—I don't know where he is—I did not see him dancing about the shop on that day.
JOHN ROSS . I live in the neighbourhood of the Cornwall-road—on 5th November, I was near No. 109—the house was fastened up on one side—I saw the prisoner come to the house—she first tried the door, and then she tried to get the bar off, she could not loosen it, and then she went in-doors and got a hammer and chisel—she wrenched the bar off and got the shutters down on the pavement—there was a number of persons there—she then
tried to get in through the window, there was a square broken—she could not get in, a person brought her a chair and assisted her in through the window.
Cross-examined. Q. What are you? A. A master baker—I saw McGrath there—I did not see him shake his fist in the prisoner's face, or hear him say anything to the people—I saw the last witness there—I was on my own premises opposite—the shop had been open the day before—that day it was closed—I swear that—Mrs. Cole was at the window at the time the prisoner got in—there were several people round, but I don't know who they were—there had been a great deal of disturbance at this house for a month or two before—I had seen McGrath there frequently, and other men, dressed as bricklayers' labourers—I had seen them go in—the prisoner had been living in the house since September—I saw the proceedings on 4th November—I saw her brought out of the house by three men—they brought her out as gently as they could—I saw Mr. Thomas there at the time—at one time McGrath had a coffee-stall in front of the house—I don't know how long before this—that caused a good deal of annoyance and disturbance of a night—I never saw it in the day—McGrath was then living in the house—I am not aware that he was the prisoner's tenant at the time—I saw these bricklayers' labourers there for several days—I did not notice any drinking or unusual noise—I saw the men in-doors, I never saw them come out—I have seen them sitting in the shop—I don't know what they were doing—the room the prisoner occupied is behind the shop.
MR. RIBTON to LEWIS THOMAS. Q. Do you know whether this house originally belonged to the father of the defendant. A. Yes; he mortgaged the property to a Mr. Ditchbourn, a magistrate at Gravesend—he could not get the interest or the money, and the property was put up and sold at the Auction Mart, and I bought it—it was sold by the mortgagee—after a time the defendant went to the auctioneer's, and received the balance.
MR. SEBOEAKT BALLANTINE . Q. Do you know the prisoner's handwriting? A. No—(looking at a paper) I saw this document put into the defendant's hand, and she was asked if it was her writing—she did not deny it—I don't recollect whether she answered the question—it was put in, and read as evidence—Read:—"London, March 8, 1855. Received of Mr. Ditch-bourn, by payment of Messrs. Robertson and Newby, the sum of fourteen pounds, being a settled and agreed balance, due in respect of the house in Cornwall-road, Southwark, and in full discharge of all claims in respect thereof, and we undertake to execute a good and effectual release when required. Signed, Amelia Charlotte Collins, and Matthew Charles Collins."
MR. RIBTON. Q. How does this document come into your possession? A. It was given to me by the auctioneer, who sold the house, some considerable time ago—I do not know that this receipt was given by her for fixtures—I sever heard that—I do not know who was living in the house at the time this was signed.
MR. SERGEANT BALLANTINE. Q. Was any such suggestion made at the trial, or did you ever hear any such suggestion made before, that this was given for fixtures? A. Never.
MR. RIBTON submitted that there was no case for the Jury, as the prosecutor had failed to prove his title to the property; the indictment contained no count at common law, and he was bound to prove that he was seized in fee, and in actual occupation, or in the receipt of the rent of the premises from the immediate tenant.
THE RECORDER was of opinion that it was not necessary he
should be in the receipt of the rent from the actual tenant, in order to prove that the fee was in the prosecutor: the presumptive evidence of that was, that he put the premises in the occupation of Ensol, who paid him rent; the fact of Ensol letting to McGrath, and McGrath paying rent to Ensol, did not destroy the proof of the fee being in the prosecutor; he therefore held there was sufficient proof of title to go to the Jury.
GUILTY .— To enter into her recognizance to appear and receive judgment when called upon.
364. JAMES FRANCIS HUTTON (34), HENRY HINDS (44), and THOMAS PRESTON MCCARTHY (45) , Stealing 35 meerschaum pipes value 25l. of Edward Woolf and another, from a vessel in the Thames; Second Count, Feloniously receiving the same.
MESSRS. SLEIGH and LEWIS conducted the Prosecution.
JOSEPH WOOLF . I am a merchant at Vienna—I act as agent for Messrs. Woolf and Baker in London—I have examined these pipes (produced)—they were made for me—one of my men packed them up in a box—I super-intended the packing—this (produced) is the box in which they were packed—there were sixteen dozen and six—each pipe was numbered in the bowl—they vary in price from about sixteen florins to twenty-seven each—I have a paper here open on which I noted down the numbers and prices of the pipes as I sent them away.
Cross-examined by MR. LILLET (for Hutton). Q. Did you make the entries upon that paper at the time you sent the pipes away? A. I took it from the invoices that I sent away—I did not order these pipes at the manufactory, one of my men did—I have been accustomed to deal in pipes for some time—the persons who made these, manufacture a great many—this is a particular pattern which I picked out and made a contract for—they were made for me only—I am sure they were sent to London before this, because the manufacturer was bound to make for me only, by contract—the contract was not in writing—we do not want writing, there is some honour in business—it was a verbal understanding—the person's name is Singer, he in a German living at Vienna—he is a merchant and agent—he formerly acted as an agent for us—I cannot tell how many different sorts of pipes there were in the sixteen dozen, but I can if I refer to the invoice.
Cross-examined by MR. RIBTON (for McCarthy). Q. What price were these pipes sold for? A. It is number seventeen: by referring to my paper I can tell you (referring to his memorandum)—it would be twenty-three florins without the case—I do not send pipes to any other house except Messrs. Woolf and Baker's—I only buy for them—I believe the duty on these pipes is ten per cent. on the value.
MR. SLEIGH. Q. Just look at these papers; are these the invoices which were made out at the time the goods were despatched? A. Yes; I did not make them out myself—I read them—I have since examined the pipes and compared the numbers in them with the numbers in these invoices—I find that the numbers correspond—I have no doubt whatever that these formed a portion of the pipes which I sent on the occasion in question.
EDWARD WOOLF . I am in partnership with William Baker in Basinghall-street—we are in correspondence with my brother Joseph at Vienna—in December last I received from my brother these invoices in the ordinary course of business, and also a package of meerschaum pipes to which they
refer—upon examining the contents of the case and comparing them with the invoice, I found a deficiency of thirty-five—I have compared the pipes produced with the invoice, the numbers tally—about 26th January, I went to Mr. Simmonds, a tobacconist in Piccadilly—I there found some of the pipes which are produced—I put this matter in the hands of the detectives.
Cross-examined by MR. LILLET. Q. At what time did the package arrive? A. I think it was in December, two or three days before Christmas, and in the evening—I personally examined the package—it was opened in my presence by my servant, and Mr. Baker, my partner—I missed the pipes directly—I missed a certain portion of them that my brother told me particularly he was going to send.
MR. RIBTON. Q. I suppose yours is not the only house in London which sells pipes of this kind? A. No; there are many others that sell pipes—we believed at the time that no other house had another pipe of this sort, because we had an agreement to that effect—it is possible that others may be sent here—it is possible that other agents may send pipes of exactly the same sort—the duty on these pipes is about 10 per cent.—I do not know of any other house having this pattern.
GEOPGE HARVEY . I am a tide-surveyor of customs on the Thames—on 17th December the John Bull steamer arrived at Horsleydown—on the 20th, Hinds was in a lighter next to the John Bull—it was his duty to be there as a custom-house officer.
Cross-examined by MR. ROBINSON (for Hinds). Q. Where was it his duty to be? A. Alongside the John Bull in the lighter, as my waterman—he is a waterman—it was his duty to convey me with his partner where I wished to go—the John Bull arrived on the 17th, and went away on the 22d—it was on the 20th that the lighter was alongside her—Hinds was never on board the John Bull—the lighter was loaded when I was called in to clear the goods—she was laden with clover-seed—I have the entry here—while I was alongside the John Bull, Hinds had no opportunity whatever of taking or receiving anything from that vessel without my knowledge, and I am quite satisfied that he did receive nothing while I was there—I have been four years and a-half in this port, and I have known him the whole of that time—he has done duty with me the whole of that time—the character he has borne is next to none in his position—there were no cases in the lighter.
MR. LEWIS. Q. Will you undertake to swear that there was nothing in the lighter beyond the clover-seed, when you were called? A. I have every reason to believe so—I only saw clover-seed.
COURT. Q. Did you go with Hinds in the lighter? A. He and another waterman took me there in my skiff—he was not there before me—we went at the same time and left at the same time, and we were there about ten minutes—he was assisting me in examining the clover-seed—there was no communication at all with the John Bull during that time—there was no person on board the lighter but me and him and his partner, Higgins—I had nothing to do with any party on board the John Bull—none of her people were on board the lighter.
CATJERINE HINDS . I am the daughter of the prisoner Hinds—my father gave me a pipe some time before Christmas, I think this is it (produced)—he gave it to me at the King's Arms, where I am living—he said, "Kate, there is a pipe for Henry"—that is a young man I know—it was two or three days before Christmas—I did not give it to Henry—I put it in my pocket, and afterwards put it up to be raffled for—there were eighty-two put down their names at 6d. a-piece.
Cross-examined by MR. ROBINSON. Q. How many put down their sixpences? A. Not above six or seven—I told my father that as there had been some little difference between me and Henry, I did not mean to give him the pipe—I also told him that I had an offer of 6s. 6d. for it—he said, "Why not take it?" and I said, "I thought I could get more by raffling it"—he said, "Do as you like with it, girl"—when I said I was offered 6s. for it, he said, "Why not take it? you might have paid me the four shillings I paid for it out, and kept the eighteen pence yourself"—the bar was full of persons when my father brought the pipe to me—he gave it to me over the bar—it remained on the shelf there for a fortnight I showed it to everyone who came in—when Jarvis, the policeman, came in, I asked him to be a member, and he put down his name and sixpence—my father was not often at the house—he sometimes called in to see me—I told him I was going to raffle it, a few days before I put it up to be raffled for, or it might be a week.
MR. LEWIS. Q. During the time the pipe was on the shelf, was it in a case? A. Yes; and everyone that came in I showed them the pipe, and asked them to be a member—I did not know Jarvis when he came in; he was a stranger to me.
JAMES WARWOOD . I am second mate of the John Bull steamer—the prisoner Hutton was a sailor on board that ship—we left Hamburg about 17th December last year—as well as I can recollect, the case containing these pipes was stowed on the starboard aide, between the decks—I can't say on which side of the vessel Hutton was when the cargo was delivered, we had to work on either side.
Cross-examined by MR. LILLET. Q. How many men had you on board? A. Ten, and two boys—it is their duty to be wherever they are wanted—The vessel has two decks—I have been in the service of the Steam Navigation Company ever since 1849—I have known Hutton to have been in the same service three or four years—it might be longer—he has Reserved under me for the last six months—he has maintained the character of an honest seaman.
KATE M'CARTHT . I live with my father at No. 112, Royal Mint Street—I recollect Hutton coming to my father's house early in December—he brought some meerschaum pipes with him—they resembled these produced—he brought them in his pocket, and took them away with him, as my father was not at home—he came again the next evening—Mr. Jones was with him—father bought the pipes of him, and gave him 6s. each for them—he did not pay the whole price that evening—the last two dozen that he bought were 18s. a dozen—he gave him 18s. that evening, and said he had not enough money in the house, and he would leave it at home for him the next evening, which he did—those were common pipes, not like these—these were 6s. each—they were all paid for—I have a little doll here (produced)—it was given me by Hutton.
Cross-examined by MR. LILLET. Q. I suppose you have seen a good many dolls like that? A. Yes; you can buy them at any toy-shop—Jones came with Hutton the first time—they had the pipes in their pockets then, both of them, but I did not see them—they said they had them—both of them said so—when they came next evening, they saw my father in the little parlour—it was about tea-time—Hutton did not ask me to go out of the room, or say anything to my father about leaving the room—it was not at the shop—it was at our private house, No. 24, Beer-lane, Tower-street—Jones is a seaman of the John Bull—he was dressed in a blue pilot-coat—I did not then know that he was a seaman, or where ho came from.
Cross-examined by MR. RIBTON. Q. How many pipes did your father buy? A. Sixteen of the meerschaum pipes—I saw them counted out—the others were imitation—they were nothing like these—they were not put in the window afterwards—the common ones were—the shop was not opened then—it was opened on Christmas-eve they were exposed in the window for sale before my father sold them to Mr. Somers—those were the common ones, not these—these were put in a cupboard in the little room—I have seen sailors come to my father's before this, sometimes, not very often—I heard my father ask Hutton what was the cost of these in Hamburg, and Jones answered, if he told father he would be as wise as himself.
WILLIAM SOMERS . I am a tobacconist, No. 20, Weston-street, Bermondsey—I have known M'Carthy about six years—about 20th December he came to me and told me that he had a number of these pipes at home, showing me a sample, and asked if I could dispose of any of them I said I would see; it was entirely out of my way, but there was one tradesman in Piccadilly where, no doubt, I could succeed in disposing of some of them—that was Mr. Simmonds—I went to Mr. Simmonds, and took him a sample, and he afterwards purchased ten, at the rate of 8s. 6d. a piece, that was 4l. 5s. the ten—I gave M'Carthy 3l. 19s. and returned him five of the pipes—I had had fifteen from him—I saw other pipes of the same description.
Cross-examined by MR. RIBTON. Q. You say this was out of your line—what is your line? A. I am a tobacco dealer—I have no shop—I am entirely in the wholesale line—I have a wholesale warehouse at No. 20, Weston-street—at this time I was residing at No. 8, Marble-court, in the same neighbourhood.
Q. Have you ever done anything in the smuggling line? A. That is best known to Mr. M'Carthy—I certainly have bought a bit of tobacco of Mr. M'Carthy—I have once been convicted of smuggling, that is only since last Monday—I was fined 100l. or six months—I did not pay the 100l—I hope the custom-house authorities will mitigate the punishment, as there are extenuating circumstances—they have not been talking to me about these matters, it was at Guildhall that I appeared—I was charged with being concerned in conveying 131bs. of tobacco, on 10th April last.
Cross-examined by MR. ROBINSON. Q. I suppose you thought you gave a fair price for them? A. I thought it was a cheap bargain, some of these pipes are better than others—there are all sorts of qualities—they make the imitation exceedingly close, it requires a good judge to tell the difference.
MR. LEWIS. Q. At the time you bought these did you believe them to be meerschaum or imitation? A. I believed them to be meerschaum.
MR. RIBTON. Q. You returned some of the pipes? A. Yes; I kept what suited me.
WILLIAM JARVIS . I am a detective officer of the city-police—I accompanied Hughes to the house of Hinds—I told him we had called respecting a pipe that was put up at a raffle at a public-house in Hickman's-folly, and that his daughter was there present with us—he said, "She knows nothing about it, I bought it of a man in Thames-street, for 4s. 6d.—I gave it to her for her sweetheart—her sweetheart and her had had a fall out, and I told he to put it up for a raffle to do her good"—he did not tell me the name of the man that he bought it of—I afterwards accompanied Hughes to M'Carthy's house in Royal Mint Street—I met him in the street, and told him that we wanted him to accompany us to Seething-lane police-station to
identify a person, or to be identified—The witness Somers was then at Seething-lane, and when M'Carthy came there, Somers said, "That is the man I bought the meerschaum pipes of"—M'Carthy said, "You vagabond, you lie: you know you are going in a wrong name, you know your name is not Somers"—Somers again said, "I bought the pipes of you"—I then said, "M'Carthy, you may consider yourself in my custody for receiving 35 meerschaum pipes, to the value of 36l., knowing them to have been stolen"—after the charge was taken and I was about to lock him up, he called me on one side and said, "I bought the pipes as smuggled goods, of two seamen on board the John Bull"—he did not give his address then, he said we knew it, which we did, for we had previously been to his house.
Cross-examined by MR. RIBTON. Q. How long after you told him you should take him into custody was it, that he said he had bought them as smuggled goods? A. About ten minutes—nothing had been mentioned to him before about the John Bull—it was to his private house we went, the shop is in Royal Mint Street—there were some common clay pipes in the window, and at his house in Beer-lane, we found between 3 and 41bs. of tobacco, cut. and packed in small paper packages in the way in which smuggled tobacco is imported.
JOHN TIMOTHY HUGHES (Policeman, M 249). I apprehended Hinds on 22d January—I told him he would be charged with having possession of the pipe that was traced to his daughter—he said he gave it to her, that he bought it of a man in Thames-street, for 4s. 6d., he did not know who the man was—I afterwards took Hutton into custody, on 11th February—I told him I should charge him with being concerned in stealing a quantity of pipes on board the steamer that he was then on board of, and selling them to M'Carthy—I found in M'Carthy's pocket-book the address of Hutton—this is it, "12, Napoleon-place, Dock-head"—M'Carthy had previously told me that we should find it there—at Hinds' house I found a foreign doll, similar to the one produced.
Cross-examined by MR. LILLET. Q. Are not such dolls to be found in any window? A. I do not know—no doubt they are sold at doll shops—I took it away because it answered the description the little girl had given—I had not taken Hutton into custody before on this matter—he accompanied us to Mr. Somers, by order of the secretary of the company he belonged to; but we had not then the evidence that we had afterwards—he has children of his own—I know that Jones is a seaman of the John Bull—I don't know how long Hutton has been in the service of the company.
Hutton received an excellent character.
NOT GUILTY .
JULIA YATES . I am the wife of Thomas Yates, of Prince's-road, Homerton, and am the daughter of Sophia Bennett—I lost my father when I was quite young—my mother was married again to the prisoner—I was then about twelve years old—I remember their going away to be married and coming back afterwards—they lived together for nine years—I saw my mother about 16th December last.
CHARLES REVELL (Policeman, L 175). On 23d January, I took the prisoner into custody—I told him he was charged with marrying Alice Proudfoot, his first wife being then and still alive—I asked him if it was correct—he said it was—he was glad that I had come to take him, it would set his mind at rest—I asked him the cause of his leaving his first wife—he said because she was 18 years older than himself, and they lived
unhappily together, in consequence of the three children that she had, as they got married, the house was stripped of the furniture, and he had to work for more to supply the place of it—I produce a certificate of the first marriage, I obtained it from Alice Proudfoot, but I went down to Hillingdon Church and examined it with the parish register and found it to be a correct copy. (Read).
ALICE PROUDFOOT . I was married to the prisoner on 10th October—we lived together nine weeks—he then went away and left me—I did not know what for—in consequence of information which I afterwards obtained, I went to the prisoner in company with George Atkins—I accused him of being married to his first wife—he said, "Yes, it is the truth—they will give me seven years of it."
GEORGE ATKINS . I accompanied last witness to the prisoner—she asked him why he left her—he said he went to make her a home—she accused him of being married, and he owned to it, and hoped he should get seven years for it.
GUILTY — Confined Twelve Months.
Before Mr. Baron Bramwell.
MR. CLERK conducted the Prosecution.
AMELIA LOUISA COTTERELL . I live with my father at West Hill, Wands-worth—at the end of last December I was engaged to go to Mr. Mellor's house of a morning to assist in the house work—the prisoner at that time was his only servant—there was another servant who had left for a holiday—I used to go about seven o'clock, and stayed till ten—Mr. Mellor was in the habit of letting me in each morning—on 28th December I went there about seven o'clock—Mr. Mellor let me in, he was quite dressed—and I went and lighted the kitchen fire—while I was there the prisoner came down—she complained of being unwell, and had a glass of brandy—she said nothing at that time about any fire having occurred—about a quarter to eight I went up to Mr. Mellor's bedroom on the first floor to make his bed—there was no fire in the grate—in making the bed there was not the slightest appearance of any fire having taken place—I turned over the pillows and sheets and mattress; there was no bed—I went down to the kitchen again a little after eight—there was no fire or candle in the bed-room then—I did not leave any in the room—I had no candle—Mr. Mellor was then having his breakfast in the parlour—about nine o'clock I was sweeping in Annie's (the prisoner's) bedroom—that is very near Mr. Mellor's bedroom, not on the same floor—it was not her proper bedroom—not the bedroom in which she had been sleeping—it is one at the back of the house, about six steps below Mr. Mellor's—at that time she was occupying a room on the same floor as Mr. Mellor—whilst I was sweeping in that bedroom the prisoner came to me and said, "Come, Amelia, and see where this smoke comes from"—I went with her into Mr. Mellor's bedroom—she was a few steps in front of me—when I went into the room the pillow was blazing on the bed, and a flannel at the side of it that I had left there when I made the bed, folded in a square, and Mr. Mellor's night-cap—the flannel was not burning, but the squares were singed as it lay folded in about six—the nightcap was quite burnt to tinder—as far as I can remember the flannel was in the same position in which I had placed it when I made the bed—Mr. Mellor always had a small flannel laid on the bed at night,
he mostly laid it there himself—water was thrown over the pillow to put out the fire—Annie took the jug from the bason, and I took it from her hand and succeeded in extinguishing the fire—I took the pillow up into the attic and put it on the floor in the middle of the room—at the time I was sweeping out the room Mr. Mellor was in the parlour—I had cleared away his breakfast things, and taken them into the kitchen—he was down in the kitchen nearly the whole of the time—I did not perceive him go upstairs—at the time I put the pillow on the attic floor it was very much saturated with water—it had soaked through the pillow, and wetted my arm as I was carrying it up—there was no fire in the pillow at that time, it was quite put out—the prisoner said that Mr. Mellor must have taken the flannel down-stairs and dried it, and taken it upstairs again on fire—after cleaning up the room, I made the prisoner's bed—that is in the best bedroom, opposite Mr. Mellor's room, not the room that I had been sweeping out before—I then went across to my own house—nearly an hour afterwards the prisoner came across and told my mother to tell me to come over again—I went over with her—she was rather in front of me—I asked my father to come too—when I got to the house, the prisoner said that the fire was blazing in the same place—I went into the yard and fetched a pail of water, and went up to Mr. Mellor's bedroom—I found the pillow that was at the head of the bed, moved to the foot, quite to the opposite corner—the bedclothes both upper and under were all removed back quite to the foot of the bed, and the mattress was quite bare, and was burning at the corner-the fire was not from underneath, it was only the top of the mattress—there was something on the other pillow, I am not sure what it was, it might have been another nightcap placed there—it was completely burnt to tinder—the second pillow was blazing at the foot—that pillow was on the top of the other clothes—my father wrapped the pillow in a sheet of another bed which stood in the room, and I carried it down stairs into the back yard—the fire was all put out with the pail of water that I took up—I threw it on the bed—while I was down-stairs Annie came and said there was a fire in the garret—Mr. Mellor was out nearly the whole of the morning—he went out just before I came home, and he was about ten yards before me when I came across: he was a little way down the hill going away from the house—he was back again a very few minutes after I went into the house—he was away about an hour—he came in five or ten minutes after I came in the second time—when my father came in he left the door open for Mr. Mellor, as he saw him coming—it was some time afterwards, about twelve o'clock, that Annie called my attention to the fire in the garret—she took me and my father up—I found the pillow which I had placed on the floor, on the drawers—the first fire was about nine o'clock, and it was a little after ten when I went back the second time—the alarm of fire in the garret was about twelve—between ten and twelve we cleared up the mattress, and the tinder that had been made in the bed, folded up the clothes that had been brought down stairs, and then I had to clean Mr. Mellor's room over—it had been made very wet from the water that was thrown about—my father took the carpets out on the lawn and brushed them—this took up nearly the whole of the time—the prisoner was helping us—Mr. Mellor went out again after he came in—he went out twice that morning—after we had cleaned up we had lunch in the kitchen—the prisoner was not with us all the time—she was up and down stands doing the different things she had to do about the house—it was about twelve when I went up with my father and the prisoner to the garret—I found the pillow on the top of a chest of drawers with some green glazed lining which
was partly in the top small drawer and partly lying on the pillow—Mr. Mellor was down stairs when the alarm of fire in the attic was given—part of the lining was blazing in the drawer—my father folded the pillow together, and told Annie to go and fetch Mr. Mellor, and show him where it was—she went and fetched him, and he could scarcely get into the room for the smoke—his cough seized him—my father folded the pillow together, and gave it into my hand—I took it down stairs, and he took down the drawer—I put the fire out by folding the pillow together, and when we got down stairs we put the things under the tap—the drawer was burnt—my father scraped a hole with a penny piece—it was charred very much—I can't say whether that drawer was open or closed when I put the pillow in the attic in the morning—I remained in the house after this until after one o'clock, clearing up and doing one thing and another—Mr. Mellor was in the parlour nearly the whole of the time—he came up stalls once or twice—he came into the garret, and in coming down from the garret he told my father he would have all the things out of the bedroom—the prisoner was there the whole of the time—Mr. Mellor directed the things to be taken out of his room, and that was done—the prisoner assisted in taking them out—there were sheets, blankets, and the counterpane—they were brought down stairs—at that time there was not the slightest appearance of fire or smoke any-where about that room—after that was done I went back to my father's house about one o'clock—I had not been home five or ten minutes before I observed flames in Mr. Mellor's bedroom—it was about half-an-hour before I went home that we had taken the sheets and blankets out of Mr. Mellor's room, but I had been in the room after that just before I came home, and at that time there was no appearance of smoke or fire—the room was nicely drying up where it had been cleaned, and there was not the slightest sign of fire—Mr. Mellor was then in the parlour, just going to have his dinner—upon seeing the flames in the bedroom I went back to the house—I saw a young man go over first—I called my father's attention to it—some of the neighbours had seen it, and went over too—on going into the room I found the fire was behind the door—I scarcely saw the fire on that occasion—there were two gentlemen in the room—I fetched water to extinguish it—on going into the room afterwards, I found that Mr. Mellor's dressing-gown was burnt—it was lying in the wet behind the door, and the door was very much burnt—the dressing-gown had been hanging there all the morning—I had seen it several times during the morning—at the time I found it burnt, there were no sheets on the bed, they had been all taken down before—the mattress was there—there were no curtains to the bed—the dressing-gown was, I should think, a yard and a half from the foot of the bed—by the aid of the water, the fire against the door was put out—I remained in the room, and cleared it all up again—I did not come away again until the house was all in flames—I remained in that room, I should think, about a quarter of an hour—while I was at work in that room, I saw the prisoner come upstairs—she held her dress up in her hand, and went into the best bedroom, the one she had been occupying—there is a passage which separates that room from Mr. Mellor's—I can't say how wide the passage is—it is a good sized passage, sufficiently wide for two flights of stairs, one to go up, and the other leading to the garret—the door of that room had been wide open the whole of the time that I saw it that morning—when the prisoner went into the room she shut the door after her—she remained there about seven or eight minutes—I saw her come out, she shut the door after her, and went down stairs—at that time
my father was on the landing cleaning—I was just inside the door, and he was sweeping the dirt that had been congregated together on the landing—I faced my father's back and Annie's face when she came out—I had been into the best bedroom several times that morning—I think I went in just before Mr. Chidley and Mr. Meyers went in—that was after the dressing-gown fire—I merely went in with the others to see that all was safe—Chidley and Meyers went in to see that there were no signs of fire there, and I went in to look—that is the last time I remember being in the room—when the prisoner came out of the room she went down stairs—I followed her in a few minutes down to the kitchen—I found her sitting in a chair—I asked her how she felt—she rose up from the chair, and said, "Oh, very bad"—I went into the yard after that—I was not absent a minute, I only went to get a clean pail of water—when I came back, the prisoner had gone part of the way up the kitchen stairs, and at that time my father came down, and told her that the house was on fire, and nothing could save it—I believe the words he used were, "My God, Annie, you have set that room on fire"—she made him no answer—she stood with her hands so, and looked at him, but did not say a word—she stood with her hands as though she was very ill, or something particular was the matter with her—Mr. Mellor was at this time sitting in the parlour, with his shoes off, warming his feet by the fire—I can't say how long he had been sitting in that way—I saw him some little time before in that same position—he was up stairs at the time of the dressing-gown fire—he was back-wards and forwards—he was in his room once, I know—I am not aware whether he went into the best bedroom or not—it was a long time before I saw the prisoner go into the room, that I saw Mr. Mellor—I can't say whether he went into the room with Chidley and Meyers, I don't think he did—he was up stairs at that time—he did not go up stairs after that—Annie had had a glass of brandy the first thing in the morning, and some porter was had about twelve, or a little after, with our lunch—after father went, the prisoner had some raw gin, and she gave me some gin and water—I have known the prisoner ever since she has lived with Mr. Mellor—I think that is three years come July—I don't think she was quite sober on this occasion, in fact, I am sure she was not—I think she was sober when I first went—I noticed she was not so towards eleven or twelve—I think she was slightly intoxicated when she came over for me a little after ten—I did net see anything more of the fire, only as I came out, I saw the flames coming out of the window, and I was too terrified to stay any longer.
Cross-examined by MR. ROBINSON. Q. I suppose you were pretty well excited during the whole morning? A. Yes, I was—it was a little after one that I had the gin and water—I am not in the habit of taking gin and water—it was very trifling—I did not want it at all, but she said she would ask Mr. Mellor for a little; she did not think a little would do us any harm—I have been examined, I think, four times on this matter—I believe I have always adhered to the same statement—I have not been told lately that my statement was very different to what it was on other occasions—I went for the pail of water on the second occasion—the prisoner did not fetch it for me; not the first pail: she did fetch a pail after my father was in the room—Mr. Mellor was out twice that morning, the first time for above an hour—I met him about two hundred yards from his house—that was about 10 o'clock—I saw him go out the second time—it is true that my master was in the house all the morning, except that I met
him in the High-street, Wandsworth, between the first and second time of my going to the house—I am not aware that I said he was in the house all the morning, except that one occasion—Mr. Mellor is a very old gentleman, between 85 and 86—he is rather eccentric and queer in his ways—when I first saw the prisoner, and she complained of being unwell, I believed she was poorly, as women are—she seemed to be in great pain, and she took a little brandy to relieve it—I should not have known anything about the first or second fires, except for the prisoner's calling my attention to them—she assisted as far as she could in putting out all the fires—on the last occasion, she was very much excited—when my father said the house was on fire, she appeared paralysed; I can't say what with—she wrung her hands—she had a very large quantity of clothes, and very good—I believe Mr. Mellor was in the habit of airing his flannels—I am not aware that I ever saw him do it—I have seen him air his towels, in fact, he would frequently wash them himself, bring them to the parlour fire, and dry them—I have seen them scorched—I have never seen one on fire—I had not been into the parlour and seen Mr. Mellor there just before the last fire—they were preparing for dinner, he had not dined—I can't say how long before I had seen him there with his shoes off—I do not think it was so long as half an hour—that would be the extent—I am aware that he was in the parlour, but I had not been in—the parlour-'door was wide open, and one could see him in passing—I did see him in the parlour not a quarter of an hour before the fire—I am not aware whether he was insured or not—I have heard since that he was not.
MR. CLERK. Q. You say you saw him go out the second time; do you know how long he was out that time? A. No, I do not exactly; I did not see him come back again—it was the towels that he washed with in the morning that he was in the habit of drying—when he had dried them, he used to take them up stairs, and put them into a little cabinet drawer behind the door, that he had for the purpose—there was no towel on the bed that morning when I went up stairs—I did not see him have anything of the kind in his hand that morning—he may have dried his flannels himself, but I never saw him—the flannel I found scorched was folded, and exactly in the same position as I had placed it—I don't think it had been out of the room.
WILLIAM COTTERELL . I live at 6, West Hill, Wandsworth—the last witness is my daughter—I remember her being called from my house by the prisoner about 10 o'clock on the morning of 28th December—I went over to the house five or ten minutes afterwards—the prisoner was standing at the door—she said nothing to me—I said to her, "Don't shut the door, Annie; Mr. Mellor is just here"—I saw him in the street—it appeared as if he were coming up the street—I went direct up to Mr. Mellor's bedroom—I found that the mattress had been on fire—water had been thrown over the mattress when I got there—the fire was out except a little at the pillow at the bottom of the bed, the other things were stripped off—I took the pillow and wrapped a sheet round it, and it was carried down-stairs to the yard—I afterwards returned to Mr. Mellor's room—I did not minutely examine behind the wardrobe and such places, but I looked at the bedstead and the fire-place—there was not the slightest appearance of fire or anything burning—we took the carpets, and such like, down stairs, by the direction of Mr. Mellor—he came up stairs while we were in the room—he had his hat and stick—we did not take the sheets down then—we then had luncheon down in the kitchen—while we were at luncheon, I
do not know whether the prisoner was up stairs in the bedroom or in the parlour with Mr. Mellor—she left the kitchen a portion of the time—the laundress' daughter came in while I was there—the prisoner came down and said there was a strong smell of fire upstairs again, would we come up stairs and see—she came down the kitchen-stairs—I do not know whether she came from Mr. Mellor's room or the bedroom—I went up to the garret with the prisoner and my daughter, and found a pillow on a chest of drawers, also some glazed stuff on the top of it, on fire—the glaze was also burning in the drawer—I told the prisoner to ask Mr. Mellor to come up stairs and see it, and she did so—she went down a flight of stairs, and I believe Mr. Mellor was coming up—he was very quickly up in the garret—I believe, at the time I went up to the garret, Mr. Mellor was in the parlour, but I can't say for certain that he was—I saw him on the top of the landing—I wished him to come into the room to see the fire, but he could not come in, owing to the smoke from the calico—the drawer and the pillow were taken down into the back yard—I took the drawer up stairs again, after making a hole in it with a penny-piece, and was about to place it in the drawers again, but Mr. Mellor objected, and I put it down by the wash-stand—I then came down stairs again and finished my lunch, and stopped in the kitchen, and did one thing and another, some ten minutes or a quarter of an hour—afterwards, by Mr. Mellor's request, I went to his bed-room and took the sheets and blankets and counterpane into some glass-house at the back of the house—the pillow had been removed before—at that time Mr. Mellor and me, the prisoner and my daughter, went through the six rooms of the house, that is, the garret, the two bedrooms, and the two parlours, and there was not a vestige of fire in any room except the fire in the parlour grate and in the kitchen—this might have been from ten minutes to a quarter to 1—after I had done that, I went over to my own house to my dinner—whilst we were having our dinner, there was a knocking at the door, and an alarm of fire—I went across with Mr. Meyers and Mr. Chidley, two neighbours—they were before me, and just as I went into Mr. Mellor's room, Mr. Chidley threw a jug of water on the embers of the dressing-gown, which was hanging behind the door—the dressing-gown had been burnt to tinder, and the door was charred and burning—Mr. Meyer, who is a builder, took a rule out of his pocket and took the charred wood off with it—we then moved every portable article out of the room down-stairs into the kitchen and back premises—I took the two mattresses right out on the lawn—I returned with my daughter, and another person named Aiger, clearing up on the first floor—I was cleaning on the landing—whilst I was there, I saw the prisoner come up stairs, and go into the room she had been sleeping in—she shut the door after her—she was there, probably, six, seven, eight or ten minutes, not exceeding ten minutes at the most—I then saw her come out again and go down stairs—I had been into that room once before, that was when I examined the house with Mr. Mellor, the prisoner, and my daughter, not afterwards—I saw Mr. Meyers and Mr. Chidley go into the room after the dressing-gown fire—that was, I dare say, a quarter of an hour before I saw the prisoner go in—I did not see Mr. Mellor up stairs again at all after Chidley and Meyers went in there—when the prisoner came out of the bedroom, she closed the door after her and went down stairs direct—she passed close by me as I was sweeping on the landing—the next thing I perceived was smoke coming into Mr. Mellor's bedroom over the door—I was then in Mr. Mellor's bedroom—that was, at the most, not more than ten minutes after the prisoner had gone down-stairs,
I should say some minute or two under that—no one had come up stairs during that ten minutes except my daughter with a pail of water for my use and her own—I had not gone more than a foot or two into Mr. Mellor's room from the landing and the door was open—upon seeing the smoke, I asked Aiger where it came from—he said he could not tell—I looked about for some minute or so—I took a chair and pulled down the paper of the room over the door, thinking it might come from there, but it did not—I then got down from the chair, and when I got within about four steps of the best bedroom door, I smelt fire very strong—I opened the door, and the flames then rushed oat upon me—they appeared to come round the doorway—the door opens on to the bedstead, and the flames seemed to come round from behind the door, as if the bed or the bed-clothes were on fire on that side—I immediately ran down stairs, and saw the prisoner at the bottom of the kitchen-stairs, and said, "My God, Annie, you have set light" or "fire to that room"—she never made any reply—she stood there—I immediately ran up to the door—there was a great rush and noise at the door—Mr. Meyers was the first person I saw in the house—there were several near him—I don't think they rushed quite up stairs, they might have done—I did not go up to the room again—I only assisted then in taking the things out of the house—the fire spread very rapidly indeed—the house was completely burnt—we had no assistance of water—the inside of the house was what is commonly called "gutted"—when I opened the door, I did not see how much of the room appeared to be on fire, I did not stop long enough—I had not presence of mind to shut the door, I was too much excited, seeing the fire—the door of that room had been open all the morning to the best of my knowledge, except when the prisoner went in and shut it—I can't say where Mr. Mellor was after the dressing-gown fire—I believe he was somewhere down stairs—he never came upstairs to me.
Cross-examined. Q. How long had you been on the landing when you saw the prisoner go into the room the last time? A. I don't know that I was directly on the landing when she did go in, I might be just against the door—the best bedroom and Mr. Mellor's are on the same floor, and the windows look the same way—they are separated by the passage, and the stairs leading to the garret—the staircase is in the middle of the house—I dare say it was three-quarters of an hour before I saw the prisoner go into the room and shut the door that Mr. Mellor went in with me and my daughter and the prisoner—it must have been more than half an hour, because I had been down stairs and had my luncheon, and been home—it was not intended that I should come and do anything at the house that day—I stopped to clean up, partly by speaking to the prisoner and my daughter, and Mr. Mellor asked me to remove the carpets and things—it was partly at the prisoner's suggestion that I staid and cleaned up—it was not Mr. Mellor who came while I was having my luncheon, and said there was a smell of fire—when I did go up I did not find Mr. Mellor on the landing, he was coming up the stairs—I went into the garret—when I came out again I saw Mr. Mellor—there are two rooms on that floor—when I said to the prisoner, "You have set fire to that room" she appeared to be as it were motionless. I called it "paralysed" in the depositions—I have not been reading over the depositions—I recollect the observation—she did appear to be paralysed—I do not know that she fetched me water on more than one occasion—I don't recollect seeing her bring water on any occasion—she did all she could to assist in putting the fire out in the room—I did not see that she was either pleased or displeased when it was put out.
HENRY EARL LINFIELD . I am a tailor at Wimbledon—my parents live at Wandsworth—I was there on 28th December—about 1 o'clock my attention was called to a fire on the first floor at Mr. Mellor's—I went to the door, the prisoner opened it—I asked her whether she was aware that the house was on fire—she said, "Fire! no"—I cannot exactly say the state she was in, she seemed very excited—that was after I told her the house was on fire—I went up stairs to the door of the room that I had seen on fire—I tried to get into the room, but I found the flames were so fierce I could not—they were close to the door—I went down and met Mr. Meyers—I went for the engine, and when I came back the fire had broken out in the other room on the same floor—I assisted in getting the goods out.
Cross-examined. Q. Did you assist in removing Mr. Mellor? A. No; I saw him being taken out—I cannot say exactly what state he was in, I had never spoken to him.
THOMAS RICHARD CHIDLEY . I live at West Hill, Wandsworth—on 28th December, about 1 o'clock, I heard an alarm of fire at Mr. Mellor's—the door was open, and Mr. Mellor was at the door—I went up to the bedroom on the first-floor—I believe Linfield was coming down the stairs as I went up—I found a dressing-gown on fire behind the door—I threw a jug of water over it—Mr. Meyers came up directly afterwards—I left word for all the furniture to be carried out of the room down to the garden; I did not see it done—before I left I went into the best bedroom, the two sitting-rooms, and the kitchen—there was not the slightest appearance of fire in the best bedroom—I don't remember that anybody else went into that room with me—I believe Mr. Mellor was up there, but I don't remember seeing him in the best bedroom—I then left the house, and in about twenty minutes or half an hour I heard an alarm of fire again—I then saw flames coming out of the best bedroom—I did not go into the house then—I saw I could do no good there—I had some conversation with the prisoner in the kitchen after I had extinguished the dressing-gown fire,—I said, "It is a strange thing these fires"—(I had then heard that there had been other fires that day)—she said that Mr. Mellor was a very old and infirm man, and obliged to put things between his legs—she pointed to a flannel, and said, he would hang them before the fire to dry them, and she supposed they had caught fire, and he had taken them up stairs and thrown them on the bed, and set the bed on fire—the prisoner was very much excited; but I could not say what it proceeded from—I had not known her before—I could not say whether she was in liquor.
WILLIAM MEYERS . I am a builder at Wandsworth, and a neighbour of Mr. Mellor's—on 28th December, about 1 o'clock, I was alarmed by a cry of fire at Mr. Mellor's—I went up stairs to the bedroom—I did not see the dressing-gown on fire—after the fire I looked round the room and took a rule from my pocket and scraped the panels of the door—something had been burning over the small cabinet close to the door, between the door and the wardrobe—I examined the wardrobe—at that time I ascertained that the fire was completely extinguished in that room—I and Mr. Chidley walked across the landing and went into the best bedroom—there was no appearance of fire there whatever Mr. Mellor was not in that room with me—I don't know where he was, I did not see him after he left the room that was first on fire—he was in that room, his own bedroom, but not when I got there—he came in with the prisoner—that was about five minutes to 1, while I was about putting out the fire—after I had been into the best bedroom I went down stairs to the parlour—I don't think Mr. Mellor was there—I think I saw
him in the kitchen as Chidley and I were going through—I then went home—my house is next door—about twenty minutes afterwards I heard the alarm of fire again—I went into the house—I passed Mr. Mellor at the front door—I went up to the door of the room—the door was ajar—the place was full of smoke—I was obliged to stoop to see the flames—the top of the bed was on fire, and the foot-board of the bedstead was then lighting—there was no fire underneath the bed—it was flaming over the bed—it appeared to me that it was the bed itself that was on fire—I called for a pail of water—I do not know who brought it—I threw it on the fire, and the flames spread all over me, and all over the room, and rose higher a great deal than they did before—I have seen turpentine on fire, and it appeared to me to be a similar thing—I left the room, for the flames spread all over me and encompassed me, my whiskers and my hand were burnt—I said there was no alternative but the engine—the place was all a body of flame, and I went out of the house—I have seen turpentine on fire in a pot—I have seen the effect of throwing water over it—it will not quench it—it will augment the flame and cause it to rise—if bedding is on fire and water is thrown over it in my opinion it would smother it—if the fire had been nothing but the bed consuming, the water I threw on it would certainly put it out, unless there had been something combustible—the water did not quench it, but the flames came higher in the room and spread all over me—there was not sufficient water to diminish the fire—I could not procure water—the fire did not diminish in consequence of the water being thrown—Mr. Mellor had not come up stairs while I was at the door—I left the house directly.
Cross-examined. Q. Turpentine is a very pungent thing, is it not, and creates a very great smell when it is burnt? A. Yes; I was not there long enough to smell any turpentine—the room was full of smoke.
JOHN AIGER . I am a gardener at Wandsworth—I heard the alarm of fire, and went to Mr. Mellor's, about 5 minutes to 1—the prisoner gave me a pail; I filled it with water and carried it up stairs—I assisted in putting the fire out—I took up two pails of water, and the prisoner turned the tap for me to show me where to get it the quickest—I afterwards assisted Cotterell in cleaning up the room—I remained in the house about 20 minutes, getting up the water that it should not go through to the ceiling—I was inside Mr. Mellor's room where the fire had been—I did not go into the best bedroom, nor see anybody go in there—I had not quite done the room, before they sung out, "Come out, the other room is on fire!"—I got up and came out, and the door was open, and the flames were coming out of the other room—I got down stairs as quickly as I could, and I had hard work to get down—the prisoner was then down in the yard—I don't know where Mr. Mellor was.
Cross-examined. Q. Did not the prisoner, upon more than one occasion, beg you to get water, and point out where you could get it? A. Yes; she appeared very anxious indeed that the fire should be put out, and appeared to be very much alarmed—I should not say she was intoxicated—she appeared very much excited and alarmed, but there was nothing about her to induce me to any she was intoxicated.
MR. CLERK. Q. Did you see her drink anything? A. No; I saw some brandy, Mr. Mellor sent it up to me, after I had been working there about ten minutes, but I did not take it.
Mellor's—I assisted to get the furniture out of the house—my brother-constable and some other persons had to force Mr. Mellor away from the house—he was reluctant to leave it—I did not see the prisoner at that time, not till about half-past 2—I then saw her in the road opposite the house—she was then decidedly the worse for liquor—about 20 minutes past 4, from information I received, I took her into custody on suspicion of setting fire to the house—she said, "I am innocent; I will go anywhere with you, but don't let the people see that I am a prisoner"—a great deal of the furniture was saved, the greater part, there were a great number of persons to assist.
Cross-examined. Q. You saw Mr. Mellor taken out of the house? A. I saw him forced from the house—he wanted to go up stairs—they were obliged to use considerable violence to get him away—a writing-desk of the prisoner's, and a good many things, were removed to a house opposite—she asked me whether I had seen a gold watch and chain; I had not—she said she was afraid she had lost all her property.
CHARLES MELLOR . I had a house at Wandsworth, where these fires took place—I am eighty-five years of age—the prisoner has been in my service about two years—I believe the house was insured, my furniture was not—the first I saw or heard of a fire, on 28th December, was early in the morning—I have generally been a very early riser; and as I stood by my bed-side, I thought I saw something of smoke or fire issuing from the pillow on the bed—I took up the pillow and turned it over, and underneath it there was a very small portion of fire, not more than the end of my finger, still there was fire; and in consequence I finished my dressing, and went down as early as I could into the parlour—I did not see that anything had been burnt—the fire was under the pillow—I was not in the habit of being called in the morning—I get up between 6 and 7—I have no fire in my bedroom, nor any light—I was nearly dressed when I saw this little bit of fire—I had not used any lucifer matches that morning—I do not sleep with my door locked—the prisoner was generally down in the morning before me—I don't think she had been into my room that morning before I went down—I don't remember whether I let the witness Louisa Cotterell in that morning, my memory is very fallacious, and hardly to be depended upon now—I don't recollect whether I said anything to her about seeing fire in my room that morning—I came down about 7 o'clock and went into my parlour, where there was a fire made for me—I could not charge my memory how long I remained there—I staid there till I had had breakfast, and I was there when I heard there was a fire up stairs in my bedroom—that was about 9 o'clock—I had not gone out then—I had not gone up stairs before I heard of the fire—I went up stairs when they told me that there was something carried up into the garret, and I found that a pillow had been taken up into the garret, and was placed on a mahogany chest of drawers—that was the first time I went up stairs after I had come down in the morning—I think Mr. Cotterell was up stairs when I went, but I cannot charge my memory—I desired that everything which appeared to have any fire about it should be removed and carried into the yard—I don't recollect where I went to after that—I remember hearing of another fire in my room, when the dressing-gown was burnt—I had seen the dressing-gown hanging on the door of my bedroom, and when it took fire they brought water and threw it on the door and dressing-gown, to put it out—I did not see it take fire—I can't say whether I had been into my bedroom before that, since I left it in the morning—I recollect persons coming and putting out the fire—there is another bed-room opposite mine, called the best bedroom—I did not go into that room
that I know of after the dressing-gown had been on fire—I had been in there in the course of the morning several times, from the circumstance of talking about fire—at the time I was there there was no appearance of fire—the bedstead in that room was what they call an Arabian bedstead—I don't remember how long it was before the fire in that room that I had been there—I don't remember how the fires proceeded at all—I paid no more attention to it, only giving directions that everything should be done to extinguish fire wherever it might be found—I did not carry any fire about with me that morning—nothing of the kind—a great deal has been said about my carrying fire about—I have been obliged, from my infirmities, to wear a small piece of flannel, a towel, or something of that kind, next my person, that generally became wet, and I have taken it to the fire to dry; but that is a mere bagatelle—I never set fire to any of these flannels or towels—I cannot say whether I dried any on the morning of the 26th—I frequently dried them—no flannels or towels caught fire that morning, I am quite certain of that—I don't remember taking any towel or flannel up stairs that morning after drying it—when I did take them up I used to ibid them up and put them in a drawer—I used to dry them by the parlour fire, and leave them folded up there until I went up stairs—I never took any of them up into the garret—since the fire I have missed a great variety of things—I have had a large family, eleven children, sons and daughters—most of them are married; and I think I have twenty-eight or twenty-nine grand-children, and I have been in the habit of purchasing them trinkets, such as gold watches, gold chains, gold rings, and such like, to a considerable amount—I have distributed most of them, but 1 had several in my possession at the time of the fire—I used to keep some of them in a table drawer in the parlour—that table was not saved from the fire, it was consumed and all its contents—I used to keep a part of the things in my bedroom, in a cupboard of the wardrobe, by the side of my bed, and all that was left there was consumed by the fire.
Cross-examined. Q. You say you saw a fire in the morning when you got up, while you were dressing? A. Yes—I had no light in the room that morning, I am quite sure of that; nothing but the light of day—it was approaching 7 o'clock, and there was sufficient light to see—I generally burn a rushlight at night, which I put into a large washing-basin—I assure you there was no light in the room while I was dressing—I had been dressing for a very few minutes before I discovered the little bit of fire behind my pillow, it may have been half a dozen minutes—I never was very particular in regard to dress, and no man ever dressed quicker—I keep a box of little wax lights in the room on the chimney-piece—I sometimes use them, not very often—I have not the least recollection of the prisoner being in the room that morning before I found the fire—I say she was not—I called to her to come and put out the little bit of fire, and she did—my sight is very indifferent now, I have been blind with my left eye for a great number of years—I may have scorched the towels and flannels while airing them, but have never set fire to them—I don't know that I was frequently in the best bed room that morning—I had no occasion to go there—I did go—I can't say that I went several times—perhaps I might go more than once—I will not say whether I did or not—I went into all the rooms, hearing them talk of fire, it made me anxious to know all about it—the prisoner has been with me nearly two years—I had the greatest confidence in her—I never knew her to do a single thing to my prejudice or with any motive of deceiving or taking things improperly—I have now the highest opinion of her—I should hesitate
now about giving her a character, but if these circumstances had not occurred I should have given her as good a character as could be given to a servant; as far as my own knowledge goes I would give her that character now, but from circumstances since this, and from things that have been said I should rather hesitate.
Q. I believe you have expressed a very strong opinion that she never set the place on tire at all? A. I should say that I never could suppose it, and I feel now that she was incapable of doing so bad a thing.
COURT. Q. Do you think so now? A. I think now of her that she is incapable of doing anything of the kind.
MR. CLERK. Q. You say you called to the prisoner when you saw this speck of fire on the pillow in the morning? A. Yes; to come and extinguish it—I think she came and brought some water, but I won't charge ray memory with that, it is too fallacious—I think she threw some water on the bed—I don't recollect that she said anything to me about fire being there.
COURT. Q. You had been sleeping there all night? A. Yes; I was the only person who slept in that room—nobody had been in in the morning—I had got no fire—I cannot account for how it caught fire—I am entirely ignorant of the origin of the fire—I have not the least conception of how it could occur—I might have been in the best bedroom several times that day—I think I always went in by myself, not with Chidley or Meyers—I think perhaps I might go in with Mr. Meyers, but I am not quite certain—it was a considerable time before the last fire that I was in there: more than half an hour, perhaps an hour—I do not recollect what I had been doing—I had nothing at all to do—I might be walking about the house, or about the garden—when I did go into the best bedroom I did not take any candle in my hand, nor any match, or fire, or anything of the sort, I am quite sure—I hare not the least idea in the world that I caused the fire by any accident—I am rather particular in regard to fire, and I always direct my servants to be very cautious and careful about fire—I cannot account for how it happened the least in the world—I had a good many trinkets and things—I never missed any of them till after the fire, then I lost them all—according to my belief, they were all safe up to the time of the fire—I had seen them several times in the day—I saw them the day before perhaps—I saw them most days—I did not see them on the morning of the fire.
WILLIAM TAYLOR . I went with Payne to assist at the fire—I found Mr. Mellor in the parlour when I went in—afterwards I saw him endeavouring to go up stairs, I pulled him out of the house—I had some difficulty in getting him from the house—there was a good deal of furniture taken from the house, I think most of it was saved from the parlour, but I do not know—I assisted in taking it out—I don't think anything was burnt in either of the parlours, but I do not know—I saw the prisoner a short time after the fire—she was not sober then—I saw her during the fire, she was not sober at that time—I was with Payne when she was taken into custody—I took her to Payne's house—I said to her, "It is very curious how these places should come on fire, how was it?"—she said, "When I first saw it, Mr. Mellor's night-cap was on fire on the pillow, and the next time I saw it, it was in one of the drawers in the bedroom"—I said, "Was that drawer open?"—she said, "Yes, about that much," which I understood to be about an inch—I said, "It is very curious how a fire should be in the drawer"—she made no reply, and said nothing more about it.
Cross-examined. Q. I think she said not only the night-cap was on fire, but also a piece of flannel was on the pillow the first time. A. I think she
did—Mr. Mellor did not appear at all rational: in my opinion he did not know at all what he was about, he wanted to go up stain in the flames to get his shoes—the prisoner appeared excited—I had known her before to speak to her, she was sensible—I judged her to be intoxicated by her appearance, and when I was taking her she staggered against me.
MR. CLERK. Q. Had you seen Mr. Mellor on that day before the fire? A. I had not—I have seen him on other days, his manner was very different; he was very much excited—his usual manner is not excited.
JURY to MR. MELLOR. Q. Were you in the habit of smoking. A. No; I never smoke.
WILLIAM COTTEBELL (re-examined). I think it was almost impossible for any person to have gone into the room between the time of the prisoner coming out and my smelling the fire—I don't think there could have been a possibility of it, without my seeing them—I was on the landing, or just inside Mr. Mellor's door, 'with the door open—I was in and out of the room—I was never away from the landing from the time the prisoner went into the room, but once, and that was to take the things down into the glass-house—that was while she was in the room—I came up again and then I saw her come out—I was sweeping on the landing when she came out, and shut the door—after that I went into Mr. Mellor's room again and assisted in removing one thing and another from the room, and then I saw the smoke—I don't think it possible for any person to have gone into the room without my seeing them; I may be mistaken—Mr. Mellor could not have come up and down stairs in that time—he would not have been able to do so without my seeing him—the only persons in the house were my daughter, myself, Mr. Aiger, Mr. Mellor and the prisoner: Chidley and Meyers had gone.
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 4, 1859.