CENTRAL CRIMINAL COURT.
WIRE, MAYOR. SIXTH 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, April 4th, 1859.
PRESENT—Sir JAMES DUKE, Bart. M.P. Ald.; Mr. Ald. SALOMONS, M.P.; MR. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. ALLEN.
Before Mr. Recorder and the First Jury.
MR. PLATT conducted the Prosecution.
ROBERT SKINNER . I am out of business, and live at Paradise-cottages, South Hackney,—on Tuesday, 8th March, at about half-past 3 in the afternoon, I was in Crab-tree-road—some lads came round me, and one or two of them tried to take my handkerchief from my pocket, but I felt it there—I was beset in a minute by eight or ten lads, who pushed me into the road, knocked my hat off, and some beset me by putting their heads into my sides, and attempting to get at my pockets—Barnes stood before me and took out what appeared to be a life-preserver, and struck me on the head as hard as he could with it—I bled very freely—I have no doubt of Barnes, and am also certain that Smith is one of the boys; he has a wooden leg—he dropped his hand from my pocket when I turned round—I felt it at my pocket.
Cross-examined by MR. RIBTON. Q. Are you sure that Barnes is the boy? A. I firmly believe him to be; but am not so certain of him as I am of Smith—I was examined before the Magistrate—I saw a woman looking out at a window eight or nine yards off, and was surprised that nobody came to my assistance—I cannot say whether it was the woman who is a witness—there was no policeman there.
—I saw Barnes in Crab-tree-road that afternoon; he struck the gentleman on the back of his head with a stick, which bent in an oval from the blow, and the blood began to come directly—I am sure Barnes is the boy—there were other boys there, but they were not all on to him—they were close to him, but I can't say what they were doing.
Cross-examined. Q. What are you? A. A tailoress—my husband is a cork cutter—I was looking out at the window—I had seen Barnes twenty times before, but never spoke to him—I never had any quarrel with him, or said that I would do for him if I had the opportunity—I saw him again half an hour after it was done, in Crab-tree-road, but did not give information to the police—a policeman afterwards came to me; I do not know who sent him—he asked me if I had seen the blow struck, and took me to the station, where I pointed him out—he was alone—there were about eight or nine round him; there was a good deal of confusion; the whole thing happened in a very short time.
GEORGE CARPENTER . I am a labourer, living in Sun-row—I was with Skinner, and saw the prisoner with the wooden leg (Smith) go up to him and try to pick his pocket—there were about twenty boys standing at the corner of the court, and I saw Skinner struck by somebody, I cannot say who, and they all flew as soon as they saw the blood come.
Cross-examined. Q. Do you know the last witness? A. No.
ELIJAH BROWNING (Policeman.) I took the prisoners—I told Barnes I took him for assaulting a gentleman in Crab-tree-road—he said, "I know nothing about it"—Smith said that he put his hand to the gentleman's pocket, but would not suffer one day's imprisonment for what Lefter had done—Barnes is called "Lefter" because he is left-handed; I know that, having known him three or four years—the prisoners are constantly together, and have been associates for the last four years.
Cross-examined. Q. Do you know the woman Seaman? A. No; I went to her—these are cottages, poor people's houses—it was on the way to the station that the conversation took place—Barnes refused to go to the station—he was in my custody first—he was alone when I took him—I took Smith two days afterwards—it was at the police-station that that was said about "Lefter;" it was on Barnes' second hearing—Smith was in custody on the second night before that.
MR. RIBTON to ROBERT SKINNER Q. Were you examined on two occasions before the Magistrate? A. Yes; I heard Seaman give her evidence, and I rather think I was examined before her—I think it was a life-preserver that Barnes took out—(The witness's deposition, being read, stated: "I cannot say that the prisoner is one, but I was struck on the head with, I believe, a life-preserver.")
SMITH— GUILTY .**— Confined Eighteen Months.
BARNES— GUILTY .
He was further charged with having been before convicted.
SAMUEL ROBERT FOULCHAM . I produce a certificate (Read: "Clerkenwell Sessions; Henry Barnes, convicted, April 1858, of stealing 24 yards of moreen. Confined Ten Months")—Barnes is the person—I had him in custody, and saw him almost daily for the ten months.
GUILTY.**— Four Years' Penal Servitude.
MR. RIBTON conducted the Prosecution.
prison—my residence is at Common-wood, Herts—on 15th December there was a sale at Mr. Elmore's farm, at Harrow—the prisoner and I went there—I asked him if he would like to go—he said, "Yes"—I said "If there is anything worth while, if you like to buy for me, I will satisfy you for what you do"—accordingly, we went—I arranged to make him signs about the bidding; I was to hold up my hand, and as long as I kept my hand up, he was to keep on bidding for me, and if I dropped my hand, the bidding was to cease—lot I was knocked down to Kemp, acting for me, for 140l.—lot 2 went to somebody else—lot 3 was also knocked down to Kemp, for me, for 121l.—I said to the prisoner, "I will give you 20l. to give to Mr. Baker as a deposit, as you have purchased the lots"—he said, he would rather it went through his hands, as it was knocked down to him—I said, I did not care whether it was so or not—I handed him over 20l. to pay for lot 1, and to tell Mr. Baker that he should come and bring him the other 121l. for lot 3 on the Friday or Saturday—that was paid, and the hay was cleared out—that did not realize the money; it lost money—the 20l. deposit on lot I was paid to Mr. Baker, and he still holds the money—I saw the prisoner again on Monday, 24th January—I had before that communicated with my son—I was then in London—my son came up on the Sunday morning, and brought up some money to pay over to the prisoner, 116l.—I desired my son to communicate with the prisoner—I had seen the prisoner on the Sunday evening, and told him that my son was coming up with the money, and he would go to Mr. Baker's with him to pay the 121l. over, on Monday morning—I was not present when my son saw the prisoner—I saw no more of the prisoner until he was in custody; that was on the Monday or Wednesday week after.
Cross-examined by MR. SLEIGH (with MR. TALFOURD SALTER). Q. Did you give him into custody at his own house? A. No; the police-officer found him in the street.—I have known him a great many years—we were never upon any other than good terms—he was not exactly in the same line of business as myself; I bought hay in large bulks, and he bought it off the carts at Paddington—I can't say whether he was a respectable, honest, well-conducted man—I have heard some things since this—he never was an intimate friend of mine, until we went to this sale together—I have never slept at his house; I have slept in the same house where he lodges, and in the same room—I have known him twenty or thirty years—I have been to other sales where he has been—he had not bought for me before; I think he once bought a rick together with another man—he has not sold me any; I never recollect anything of the sort—he went with me to a hay sale, at Wandsworth, in November last—he did not go there to buy hay for me; he merely went along with me for company—I did not buy any there, it went so dear—I don't recollect going with him to a sale at Mill-hill, Hendon, in November—I swear he never bought for me there—I never went to a hay sale at Hendon, or near there—I have had a little bill transaction with him, not for my accommodation, in particular; he held the bill and the money too; I did not have it—I never had a pound upon any bill for him—I swear that he has not put his name on bills of exchange at my request, for my accommodation, not to my knowledge—my name and his have been in the same bill, but not particularly for my accommodation—I never got him to manufacture a bill for the purpose of trying to get it discounted, to relieve me from my embarrassments—I am now in Whitecross-street prison, through the prisoner robbing me of this money—there were not executions out against me at the time of this sale, nor any judgments—I can't say how
long afterwards it was that I was arrested—I don't know whether it was in January or February; I think it must have been in February—I have been there about six weeks—I had not been served with copies of writs in December, and I have only been served with a copy of one up to the present time—I was sued at the county court once.
Q. Do you remember going with the prisoner in December last to an attorney's in Hatton-garden to make arrangements for going through the Insolvent Court? A. There was something said about it—at that time there were no money transactions pending between the prisoner and myself further than the bill that has been named, nor was there any between my son and him, further than he bought a load of hay of my son—I did not tell the prisoner, before going to the sale, to buy the hay himself, and I would buy it of him afterwards; I never named such a thing—I did not buy it myself, because I have a right to employ an agent if I think proper—Mr. Baker, the auctioneer, has taken my bidding a good many times, and he would have taken it that day—he never refused my bidding—I have paid him a good deal of money—I had no particular reason for not bidding myself—I have done the same thing before several times, because people in the neighbourhood oppose you at sales if you are a long way from home—the Middlesex dealers do not like me in Middlesex, therefore I have had agents before on these occurrences—I cannot say how soon after the 15th December I went to the attorney's in Hatton-garden—it must have been a good bit afterwards—I cannot swear that it was not within a week—it might have been a month or six weeks after—I did not say to the prisoner, as I was going to the sale, "You must buy the hay yourself, and when my business is settled, I will buy it back from you"—I swear that, nothing of the kind—he did not know that I was then in difficulties; I was not in difficulties then—I was living at my own house at the time of the sale—I always leave my house when I have got business to attend to in London—I left it when they put me into Whitecross-street Prison—I was not taken at my own house, but at Paddington—I had not been at home perhaps for about a week before, I can't say exactly—very likely I might have been keeping out of the way for fear of being arrested—I can't tell you whether it was within six weeks or two days of the sale that I went to the attorney's in Hatton-garden about going through the Insolvent Court—I did not see the money in my son's possession; he told me he had got it—my son and I are not in partnership—I made over some carts and horses to him—I sold them to him—that is a long time ago, I believe in November, or before November—I was not in any difficulties on the 15th December—the money that my son gave to the prisoner was decidedly my own money—I had not made over all my property to him in November—I had sold him two horses and carts—I believe for 30l. or 35l.—I made no property over.
MR. RIBTON. Q. Was the selling him these two horses and carts in November all that occurred? A. That was all—the money that my son brought up in December was my money—it was on the Sunday evening that I gave him instructions to pay over the money to the prisoner—I had arranged with the prisoner before the sale to give him signs about the bidding—as long as I held up my right hand he was to keep on bidding for me, but if I dropped my hand he was to stop bidding—the first and third lots were purchased in that way—there was no communication between us about the prisoner buying the hay for himself—he had not got a pound to buy it with—he told me so—he said, "I shall be glad to earn a pound of you."
JOSEPH RICKETTS , junior. I am the son of the last witness, and am a, hay-carter, living at Common-wood, Herts—about the 22d, January I received a communication from my father, in consequence of which I got 116l. 4s. in cash and notes, and came up to town—I saw my father at the Green Man at Paddington, on Sunday evening, 23d January—I had the money with me—my father gave me certain instructions, in consequence of which I saw the prisoner that evening, and agreed to meet him at the Bell at Kilburn on the following morning, 24th January, for him to take the 120l. to Mr. Baker's—I told him that, and he agreed to do so—I made this agreement with him at the Green Man, about half an hour after I had seen my father; my father had then gone away—I met the prisoner next morning at the Bell at Kilburn, and paid him the money—I paid him 116l. 4s.——there were five 5l. notes, the rest was in gold, all but 4s. in silver—I handed that over to him at the Bell, and he laid 3l. 16s. down on the table, which he owed me, that made 120l.—I then went with him down to Mr. Baker's gate—I did not go in—I went over to the Cock to wait till he came back—he came back in about five minutes, and said Mr. Baker was not at home, and that he was going to meet him from half-past four to six that evening—we came from there up to Paddington—he still kept the money—we went about to amuse ourselves during the day—we went amongst other places to the Marylebone Police-court—about six in the evening we went to Mr. Richardson's public-house in Mary-street, and the prisoner absconded from there—he left me, saying he was going to see a friend of his, and he would be back in ten minutes or a quarter of an hour—it then wanted a quarter or twenty minutes to six—he said he would be back by six—I asked him to leave his great coat—he said, "No," he should not, and he then went away, and took the money with him—he did not return in a quarter of an hour—I remained there till seven o'clock—I then went to look for him about Paddington, and then I came back again—I could not find him anywhere, or hear anything about him—I was looking for him the whole week—I did not see him again till the 31st January, when I had him taken into custody.
Cross-examined by T. SALTER. Q. How long have you known the prisoner? A. About ten or twelve years, as a hay dealer—I am not in business with my father—I have never been in partnership with him—we have not been engaged together in business, any more than he has employed me—I have had very few transactions with the prisoner in reference to hay, not over two, or three, or four, within the last few months—my business is to buy hay and sell it again—I suppose the prisoner is in the same line of business—I never bought hay off the prisoner's hands as soon as he had purchased it—I never went to a sale with him, or met him at sales—I have sold him loads of hay at Paddington—persons who are in the habit of attending hay sales may purchase hay and sell it again on the spot—I did not know about my father's going to purchase this hay—I did not know that the prisoner intended to purchase any—my father has been away from home for some time—I can't say for what reason; he was not in difficulties then, that I knew of—I supposed it was his business that kept him from home; I knew of no other reason—I don't know that he was pressed for money—I got this 116l. from the sale of lot 3; I was employed by my father to draw it and sell it—I had not purchased any of my father's property just before this—I think it was about Michaelmas that I bought two horses and carts and cloths of him—I did not know that he was expecting an execution; he did not tell me so—he gave me no reason for making
over the property to me—I never knew his reason, and don't know it now—the money I gave the prisoner was 116l. 4s., that was all—I knew that he had money in his possession at that time; I saw it—I knew where he was lodging—I went there to ask if he had been there—I have been to Mr. Baker's myself—I went on the Friday after the prisoner absconded—I have been talking this matter over with Mr. Baker.
Cross-examined by MR. RIBTON. Q. I Suppose you went to Mr. Baker's to see if the prisoner had paid the money to him. A. Yes—I suppose my father is, like other persons, sometimes in want of money—I got the 116l. which I brought to town, from the sale of the third lot of hay that my father bought at the sale—I sold it for my father—from that, and in other ways, I made up the 116l.
HENRY BAKER . I am an auctioneer at Kilburn—on 15th December I had a sale of hay at Mr. Elmore's—I saw Mr. Ricketts there; I knew him, he had bought at previous sales of mine—I saw the prisoner there—lots 1 and 3 were knocked down to the prisoner—they amounted to 140l. and 121l.—the prisoner paid me 20l. deposit on the first lot, in the presence of Mr. Ricketts; they were both together—as to the second lot, the prisoner said he would pay me the balance on the Friday following—Ricketts said, "No, make it Saturday"—the prisoner said, "No, I will pay it on Friday"—I said, "Very well; as long you will pay it, I do not care whether it is Friday or Saturday"—I think the prisoner brought me the money on the Saturday; I am not quite sure whether it was on Friday or Saturday—I gave him a delivery order to take the hay—I was never paid the 120l. on the first lot—the prisoner called on me on the 1st of February, and told me he had sold it to a Mr. Usher, and that Mr. Usher would pay me the balance—Mr. Usher was with him at the time; he is a very respectable man, and he signed the note which I wrote for him—it never was paid—I have re-sold the hay at the same price—the prisoner called once or twice, to say that he should be prepared to pay for the other rick immediately, and he would call to do so—I do not recollect how long it was before 1st February that he called about it; I think it was somewhere about that—young Ricketts afterwards called to say that he had bought the rick of hay of Kemp, and had given him a pound for buying it—he called to know if Kemp had paid the money—I said, "No"—he said, "Well, I have given him the money to pay for it, for I bought the rick of hay of him, and have given him a pound for buying it."
Cross-examined by MR. SLEIGH. Q. Is it not customary at sales for one person to bid and buy, and then for another person to buy it again on the spot? A. It is not customary; it is sometimes done.
COURT to JOSEPH RICKETTS, junior. Q. Do you recollect calling on Mr. Baker after you had given this money to the prisoner? A. Yes, on the following Friday—I did not tell him that I had bought the hay of Kemp, and had given him a pound for buying it; I gave him a pound for his trouble, not for buying.
HENRY BAKER (re-examined). When young Ricketts called on me, he said he called to know whether Kemp had paid for the stack of hay—I said, "No, what have you to do with it?" not knowing him—he said, "I have bought the stack of hay of Kemp, and gave him a pound for buying it"—I said, "Well, you must bring an order from Kemp to that effect, and the money as well, or I cannot deliver it"—nothing was said about the father that I recollect.
—I told him it was for absconding with 120l. belonging to Joseph Ricketts—he said, "I done no such thing"—on the road, he said, "If he had waited awhile, he should have had his money"—I searched him, but only found seventeen shillings on him.
Cross-examined. Q. Have you ever mentioned before that he said, if he had waited ho should have had his money? A. No, I was not examined before; I only stated that I took him into custody, I was drove down directly by Mr. Herring—I found the prisoner in the Edgeware-road—he lodges anywhere, at different lodging-houses and public-houses, and along with a girl, or anywhere he can get—I have known him five or six years—he may be a person of good character for aught I know; I only know that he lodges at all sorts of places, and likewise lives with a girl in Spring-street.
MR. RIBTON Q. Have you any doubt that he said, if Ricketts had waited he would have had his money? A. He said so, and he has said so to me since ho has been out on bail.
MR. SLEIGH submitted that the section of the Ad of Parliament upon which the indictment was framed (20 & 21 Vic. c. 54, sec. 4) did not contemplate the possibility of a person being the bailee of money, but that it applied to a chattel, or something that was ear-marked and capable of being identified (see Reg. V. Radley, 1, Denison's Crown Cases).
MR. SALTER, on the same side, contended that the evidence did not support the indictment; the indictment alleged that the prisoner was entrusted with 120l., whereas by the evidence it appeared to be 116l. 4s.
The RECORDER had no doubt, supposing the evidence was believed, that there was a sufficient bailment; and as to the second objection, he directed the indictment to be amended.
The prisoner received a good character.
GUILTY.—Recommended to mercy on account of his character.
Confined Twelve Months.
ANTONY WILSON MONGER (City Policeman). On the afternoon of 25th March I was on duty near the Mansion House, and saw the prisoners and another following a gentleman up the Poultry—Davis put his hand outside the gentleman's pocket, and they left him and returned down the Poultry—I told another officer to follow me—a girl spoke to them, and they went to Fenchurch-street—I saw Davis go up to a gentleman, covered by the other two, and draw this handkerchief from his pocket and put it under his arm—I caught hold of him and called to the gentleman, but he did not hear me—I asked Davis at the station if there were any marks on the handkerchief—he said, "No"—I found another handkerchief in his pocket—he said that it was his sister's.
Barrett. Q. Did you see me do anything? A. I saw you cover him—you both had your aprons down.
WILLIAM COLE (City policeman, 490). I took Barrett at Bow-lane station about three hours after the robbery—he came there with a female with some food for Davis, who was in custody—I took him, and he was identified.
SAMUEL HAYWARD (City policeman, 95). I was on duty, and Monger called my attention to the prisoners and another—I followed them two hundred yards, and have no doubt of them—I saw Barrett again next day.
Davis's Defence. The two letters on the handkerchief are my sister's name.
Barrett's Defence. I was walking with him and that was all—and they took me in custody.
DAVIS— GUILTY .— Confined Twelve Months.
BARRETT— GUILTY .— Confined Six Months.
MR. LEWIS conducted the Prosecution.
GEORGE LEGG (City policeman). In consequence of instructions from the prosecutors, I followed Stiles's van on 23d March to Shoreditch—it stopped, he got down—How came up, and they spoke together—Stiles opened the boot of the van, the traveller Butler then came out, and Stiles got up and drove away—How had gone on—I followed to several other places, and at last arrived at the Lamb at Kingsland, where Butler got down and went into the house—How came up and spoke to Stiles—How stopped at the corner of the gateway—Stiles got up on the step of the van, took this parcel (produced) out of the boot, gave it to How, walked round the back streets, and then came into the Kingsland-road again—I had never lost sight of him, and as he was getting into an omnibus I laid hold of him, said that I was a police-officer, and told him to consider himself in custody for having the parcel—he had it with him, and Knight came up and took it from him—he said, "I will tell you all about it, I have brought it from Mackintosh's, and I work there"—I left him with Knight, went back to the Lamb, called Stiles from the tap-room into the street, and told him I was a police-officer, and to consider himself in custody for stealing a parcel the property of his master—he said that he had not, and knew nothing about it—I had seen them together before.
Cross-examined by MR. SLEIGH. Q. Had you the parcel with you? A. No—I did not tell him that I had seen him go to How—he did not tell me that it had been given to him by one of the men in the warehouse who he did not know, with directions to give it to How.
JOSEPH COMBER KNIGHT (City policeman, 437). I went up to Legg when he had How in custody—How was left in my custody with a parcel which he said he brought from Mackintosh's, where he worked—I asked him what it contained—he said, he did not know—Legg afterwards brought Stiles to me in a cab—I had the parcel on my knee, and said to Stiles, "You will be charged with stealing this parcel, and giving it to this young man"—he said, "You do not mean to charge me with stealing that?"—I said, "Certainly I do, I saw you do it"—when the charge was read over by the inspector, Stiles said that one of Mr. Mowatt's young men brought it out of the ware-house to him—I asked him who the young man was—he said, "I do not know"—we asked him if he should know him again—he said, that he should not, and should say nothing of it—I had seen the two prisoners before.
Cross-examined by MR. SLEIGH. Q. Did not he say that he knew nothing about it at present? A. How said that—this was at 1 o'clock in the day—How went just inside the stable-yard of the Lamb tavern—Stiles appeared
very much surprised at the idea of stealing it—the first account he gave was at the station.
JOHN FREDERICK BUTLER . I am traveller to Mr. Charles Mo watt—Stiles was his driver—I had to see Mrs. Rotherham, a customer, in March, leaving Stiles in charge of the van, and again when I went for refreshment—each traveller has a book in which goods are entered, they are then put into boxes—this was not part of the stock on 23d March.
Cross-examined by MR. SLEIGH. Q. How long has Stiles been in the service? A. I believe five years—we do not deliver parcels: we sell from the goods—it was not Stiles's duty to take the goods to the customer but only to take them out in the traveller's van—he had no right to have this box there.
STILES— GUILTY — Three Years Penal Servitude.
HOW— GUILTY—Recommended to mercy by the Jury. — Confined Twelve months.
MR. COOPER conducted the Prosecution.
CHARLES WILLIAM HANSLIP . I live with my father at 12, Hatton-garden—on 18th March, about half-past 12 in the day I was in Trinity-square, Tower-hill—I had a watch in my pocket—I felt my waistcoat flap against me, and saw my guard hanging loose, and the prisoner walking away—I caught hold of him—I said, "You have stolen my watch"—he said, "Me! what, me!" and passed it to a man behind him—the prisoner ran away, and I after him—he was stopped in my presence—I never lost sight of him—he was the only person near me when I felt the touch.
Prisoner. Q. Was not there a mob? A. Yes, but I was not in it.
JOHN HARDER . I am an errand boy of 33, Cotton-street, Stepney—I was near the prosecutor, and saw the prisoner with a watch in his hand at the prosecutor's side—he passed it to a man in a brown coat and ran away—he was followed.
GUILTY .—** Confined Twelve Months.
NEW COURT.—Monday, April, 4th, 1859.
PRESENT—Sir JOHN MUSGROVE, Bart. Aid.; Mr. Aid. SALOMONS, M.P.;
Mr. Ald. LAWRENCE; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Fifth Jury.
PLEADED GUILTY ,— Confined six Months.
PHOEBE CRONEY . I am the wife of Henry Croney, a photographic case-maker, in King-street, Hackney-road—about a quarter before 11 o'clock on the night of the 17th March, I was awake in bed—I heard two knocks at
the door with the knocker—I took no notice of it—shortly afterwards I saw a light appear in the room—the outside shutters had been opened, and I saw three persons at the window trying to lift it up—I could not recognise the face of any of them—they seemed to be boys—I then heard two keys put one after the other into the lock of the front door, and then three heavy blows were given at the door, and it flew open—the door opened into the room—I was up last that night—the house was all safe, and that door was fastened.
HENRY CRONEY . I was in bed with my wife—she awoke me, and I heard three blows at the door—I jumped out of bed and ran out with the poker—I saw five men outside, the prisoner was one of them—he was close up to the door—I went out and was knocked down—one of the five knocked me down and I was kicked—the prisoner struck me—I cried out, "Stop thief"—they all ran away—I know the prisoner to be one of them—I saw him stopped by a civilian first, and a policeman took him—I had not lost sight of him—I am sure he was one—he was taken about 160 yards off—he had gone round the corner, and so had I—he was about four yards before me when he turned the last corner.
FRANCIS WILLIAMS , (Police-sergeant, H 12). I was at the station when the prisoner was brought in between 11 and 12 o'clock, by No. 223—I took from his trousers pocket this skeleton key—when the charge was entered, the prisoner said "I was there: I was one of them."
Prisoner. I was passing by the house, and just as I got to the corner, the man came running after me—some other person dropt the key—I called, but they would not stop—I took it up, and the officer took me.
GUILTY .†— Confined Twelve Months.
PLEADED GUILTY .— Confined Four Months.
WILLIAM WHITWORTH . I am a woollen-manufacturer at Cripplegate—I have one partner—I have a warehouse in Vine-yard, Aldersgate-street—the prisoner was in my service—it was his duty to sort cuttings—he had only been with us two days—I have seen a bag with some cuttings in it—I saw it before the prisoner took it, we had it on our premises—I was afterwards shown the bag of cuttings; they were ours, and were what I had seen safe on our premises on the morning of 1st of March—the prisoner was working at them—he had not the least authority to take any of them away—I saw them safe on Tuesday morning, the 1st of March—the prisoner did not come to work on the Wednesday morning as usual—I did not miss the bag before it was shown to me.
JOHN MALLINSON . I saw the prisoner on Tuesday, the 1st of March, about 5 o'clock—he had a bag with cloth cuttings in it—I asked him if he had come from Vine-yard with them; he said, "Yes, they will not buy them there"—I said, "Well, you had better come back, and we will see"—
he then dropped the bag and ran away—I ran after him a short way—I then went and took the bag to the prosecutor.
FRANCIS MEED (City policeman, 216). I apprehended the prisoner on 2nd March—I told him he was charged with stealing a quantity of cloth cuttings—he said that he knew nothing about them—I took him to his master 8, and there he said he was employed to carry them to White-horse-court—I found the bag at Mr. Whit worth's.
Prisoner's Defence. A person asked me to take the bag, and the gentleman came and took me; I put it down and ran away.
GUILTY .— Confined Three Months.
JAMES TRENHAM . I am an engineer—on 3d March I was in Aldgate about 5 o'clock—the prisoner came to me and asked me to give him small change for half-a-crown—I said he had better go in a small shop and get the change there—he replied he had been in several small shops, and they refused to give it him without he bought something—I said I would, and I took out my purse to give him small change for half-a-crown—he snatched my purse out of my hand and went away between a run and a sharp walk—I followed him in hopes to meet an officer—he got as far as Aldgate Church, and there handed the purse over to a woman, and said, "Take care of that for me"—I said to the woman "That is mine"—she said she did not know whether it was or not—the prisoner was there at the time—the woman then handed the purse to another man, and I went back after the prisoner—he went across the road—I never lost sight of him till he was apprehended at the corner of the Minories—I called out, "Stop thief," and he was taken—he was in a fit in the station or pretended to be, and threw himself down on the ground—my purse contained 5l. 17s. 10d.—I have never seen it since—he made a grasp at my watch and broke the guard, but I put up my hand and saved my watch.
Prisoner. Q. In what direction did you see me first? A. At Black Horse-yard, that is on the opposite side to the church—you asked me to give you small change for half-a-crown, and I told you to go into some small shop—you said you had done so, and you could not get change unless you purchased something, and I was willing to oblige you—I took my purse from my right-hand trousers pocket—my coat was buttoned, and I opened it to take out the purse, and you snatched my purse with your left hand, and caught at my watch with your right, and broke my chain—there were plenty of people about—I saw you run against several persons—I had time to catch you, but I did not touch you, you were too vicious—you were fighting and kicking—you kept running and walking fast in order to get rid of me—I went at about the same speed that you did to give you in charge, if I could meet an officer—I did not lose sight of you—I came up immediately—you shammed a fit, and kicked, but when they took your shoes off, you gave up kicking.
CHARLES FISHER . I am assistant to a draper—on that evening I saw the prisoner put his hand to a gentleman's pocket, and take something out which I thought was a pocket-book, but it turned out to be a handkerchief or scarf—the prisoner went on, and I went after him, and took him—he bit me on the aim and on the shoulder—we struggled, and he got away, and was taken by a policeman—I saw him in two or three minutes, when he
was in custody—I did not see the prosecutor till he was at the Mansion House.
Prisoner. Q. In what direction did you see me? A. Going towards Whitechapel Church—I was standing at our door—I did not call a policeman—I thought I had better secure you—I did not hear the cry of "Stop thief" before I saw you do anything—I did not see you running—you picked the pocket just as the gentleman got to the corner of Blue Boar-yard, and you went towards Whitechapel Church—then I got hold of you, and gave you a kick, and we both fell—you bit my shoulder, and then got hold of my arm, and I have suffered a great deal since from it—you forced yourself away, and escaped—you were stopped at the comer of the Minories—there was such a mob, that I thought my best way was to make my way back to our shop, as I had got no one in it—they sent for me to the station, and I went there, and you were in a fit—it was not above five minutes from the time you picked the gentleman's pocket till you were apprehended—it was about six o'clock when you were at the station—I did not see you rush or push against any one.
WILLIAM CLAYDON (City policeman, 520). I heard a cry of "Stop thief" on 3d of March, and saw the prisoner running towards me—I caught him by the collar—he broke away, and fell down—I went and caught hold of his collar again—he threw his arm up, and this shawl fell from under his arm, doubled up tightly—I said, "Whose is this?"—he said, "I don't know whose it is"—I said, "What were you running for?"—he said, "Nothing"—I said, "You had better wait a few minutes"—the last witness then came up, and he said, "That is the man that picked a gentleman's pocket, and bit me on the arm"—the prisoner did not say anything, but he commenced kicking and biting, and threw himself into a sham fit—we had the greatest trouble imaginable to get him to the station—I did not see the prosecutor—he came to the station after I left.
Prisoner's Defence. I was going towards Whitechapel Church—the witness came and took me by the arm—I said, "What is the matter?"—he never answered, but threw me down on the ground, and hit me on the nose—I defended myself as well as I could, and he gave me in charge.
GUILTY .— Four Years' Penal Servitude.
There was another indictment against the prisoner.
MR. CAARTEN conducted the Prosecution.
THOMAS WATSON . I am warehouseman in the employ of John Falshaw Pawson, No. 9, St. Paul's Churchyard—he has two or three partners—on January 27th the prisoner came to the warehouse—he said he wanted a length of cloth—I asked who for, and he said, "For Rotherham in Shoreditch"—I had seen the prisoner in the warehouse before, when he came from another house—he selected a length of cloth, value 1l. 6s.—I sent it down stairs to be entered to Rotherham of Shoreditch—the name was on it—the prisoner went down with the cloth to the entering room.
Cross-examined by MR. RIBTON. Q. Rotherham is rather a common name, is it not? A. Rotherham of Shoreditch is the only Rotherham I have known—I believe that it is rather a large place—I don't know any other Rotherham a draper.
WILLIAM REYNOLDS . I live in Hoxton—I have the charge of the entering room at Messrs. Pawson's—on the 27th January I received a length of cloth—I saw the prisoner—I would not be positive whether he came into the
room before or after I received the cloth, but it was close upon the time, within one or two minutes—he wanted a length of cloth for J. Rotherham of Shoreditch—I entered it in the book, "J. Rotherham & Co. Shoreditch," and requested the prisoner to sign the book, which he did, "G. A. Johnson"—I delivered the goods to him, and he took them away.
Cross-examined. Q. Did the prisoner see you before he saw Mr. Watson? A. No; he saw him and selected the goods before he saw me—the goods were sent to me by Mr. Watson, and a ticket came down with the goods, "J. Rotherham & Co. Shoreditch"—the goods were sent to me, and the prisoner came and said he had come for a length of cloth that he had looked out for J. Rotherham & Co. of Shoreditch—I think there were other persons in the entering room—I made this entry after I looked at the ticket on the goods, after the prisoner told me he required the goods for that name—there is but one Rotherham, a draper, in Shoreditch—I never knew of any other—I gave the prisoner the goods, and he took them away.
JOHN HILL . I live in Mile End-road, and am in the employ of J. Rotherham & Co. of Shoreditch—there is not any other person of that name in Shoreditch—I have been in their employ nearly five years—I don't know the prisoner—he has never been in Messrs. Rotherham's employ since I have lived there—he had not, to my knowledge, any authority to obtain any goods on account of Messrs. Rotherham from Messrs. Pawson's—I did not receive from the prisoner about 27th January any goods from Messrs. Pawson's.
Cross-examined. Q. How many are there in your firm? A. Three, including Mr. Rotherham—I think there are about 100 assistants—I am the only one who is here—I am in the counting-house—I don't think it is likely that the prisoner might have been sent from another department without my knowing it—the orders generally pass through my hands—the prisoner's name has never been entered in our books as being in the employ of Messrs. Rotherham—I have referred to the books—they are not here—these goods were never received—I have made inquiries of the different partners, and of other parties—the servants are frequently leaving; I don't think there are more than 100, and they are changing every week.
MR. CAARTEN. Q. Who buys the goods? A. Two of the partners, and we have four buyers besides—persons are never sent to buy goods, unless by order of one of the firm, or of the four buyers—the prisoner was not one of the buyers, and has not been for the last five years—I have such a general knowledge of the business, and of the persons there, as to know that the prisoner was not in the employ during the time I have been there.
COURT. Q. Was there any person in the service of the name of G. A. Johnson.? A. No.
ALFRED GREEN (City policeman, 376). I took the prisoner in custody on the afternoon of 22nd March, at the shop of Mr. Whitten, a draper, at Stratford—I told him he was charged with obtaining goods by false pretences from Messrs. Pawson's of St. Paul's Churchyard—he said, "Well, I will go with you"—I took him to the station.
the prisoner received a good character.
— GUILTY — Confined Four Months.
PLEADED GUILTY **— Twenty Years Penal Servitude. The prisoner had been sentenced to Fourteen Years Transportation, and had also been repeatedly in custody.
OLD COURT.—Tuesday, April 5th, 1859.
PRESENT—SIR JOHN MUSGROVE, Bart. Ald.; MR. RECORDER; and Mr. Ald. ALLEN.
Before Mr. Recorder and the Second Jury.
379. CHARLES ALLEN (18), was indicted for feloniously breaking and entering the counting-house of John Edkins, and stealing 1 coat, 1 scarf, and 8s. his property, and other goods, the property of Ebenezer Edkins; to which he
PLEADED GUILTY .— Confined Six Month.
MR. MCDONALD conducted the Prosecution.
SARAH SILVA LIMA . I am the wife of Adeodata da Silva Lima, residing at Richmond-road, Hackney—on 18th February, between 4 and 5 in the afternoon, I was at Hackney—I had a gold watch and chain—I wore the chain outside my shawl, and the watch was in the pocket of my dress in front—the prisoner came up to me and asked me the direction to Hackney-downs—I stopped and raised my hand to point in the direction that I thought the downs lay in—in doing so I raised my shawl, and as I put down my hand I touched something—I immediately grasped my chain, which fell loose, and I said to him, "You have taken my watch"—I don't think he made me any answer; he went off quickly—a well-dressed young man passed, and I said to him, "Stop that lad, he has taken my watch"—he did not attempt to do so, but looked at me and passed on—at the same moment a man apparently drunk staggered towards me from the street—I went on quickly after the prisoner—I met a man with a basket—I said to him, "That lad has taken my watch"—I pointed out the prisoner to the man—he was at that time running very quickly up the Darnley-road—the man went after him—he laid down his basket and I stood there—he went after him as quickly as he could—they went out of my sight in a few minutes—the prisoner turned the first corner to the light—a boy seemed to join in the chase—I could only see the three persons on the road; it is a lonely road—the prisoner was brought back to me and I identified him—I have not found my watch—the chain was not taken; that was perfect.
Cross-examined by MR. SLEIGH. Q. You were walking rather fast, I think? A. Yes—I don't think there were many persons walking along the same path as myself—one person passed me, and another staggered towards me; but they did not address me—my watch had been taken at that time—I did not call out at all; I merely said to one person, "Stop that lad, he has taken my watch"—I saw nobody run but the prisoner—he was brought back within two or three minutes, or a few minutes—I heard him say at the station that he was innocent—I did not hear him say that it was not him that addressed me—he did not say, "It is a mistake altogether; I never spoke to the lady."
MR. MCDONALD Q. Was he the only person that was near you when you were asked the direction of Hackney-downs? A. Yes—I have no doubt whatever as to the identity of the prisoner.
on 18th February, between 4 and 5 in the afternoon, I was in the Darnley-road, Hackney—I heard the cry of "Stop thief!" and saw the prisoner running—I ran after him—I afterwards saw him in the custody of Mr. Hagan's servant; he appeared to be out of breath—I saw him turn the corner of the Darnley-road, and he hid behind some bricks—I afterwards saw him in custody.
Cross-examined. Q. When you saw him first, was the prosecutrix in sight? A. No—there was only one other person running at the same time; that person was behind the prisoner, about thirty yards—I did not see the prisoner stopped; I lost sight of him—the other man went back when he lost sight of the prisoner—he was a butterman living in Hackney-road—he is not here to-day—I was out of breath with running as well as the prisoner.
EDWARD WALKER . I am servant to Mr. Hagan, of Mare-street, Hackney—on 14th February, between 4 and 5 in the afternoon, I was in Mare-street, opposite the Darnley-road—I saw the prosecutrix there running—the said, "That boy has taken my watch"—I heard the cry of "Stop thief," and saw the prisoner running up the Darnley-road—I ran up another road and met him—I said to him, "Do you know anything of this lady's watch?"—he said, "What watch? I have just come from Kingsland"—he appeared to be very much excited—he was given into custody.
The prisoner was further charged with having been before convicted.
EDWARD HANCOCK (City policeman, 229). I produce a certificate. (Read: "Middlesex, 30th November, 1857; Joseph Carrick, convicted of larceny from the person. Confined Twelve Months.) The prisoner is the person.
GUILTY.**— Four Years Penal Servitude.
There was another indictment against the prisoner.
PLEADED GUILTY to escaping, and MR. POLAND for the Prosecution offered no evidence as to the assault.
Confined Six Months.
NOT GUILTY .
MR. SHARPE conducted the Prosecution.
WILLIAM WAINWRIGHT . I live at 15, Little Newport-street, Leicester-square, and am a tailor—on 27th February, shortly after 12 o'clock, I was in the inclosure of St. James's Park—I had got over the railings to look at some boys who were jumping over a sand-hill—I had some friends with me who said they would go and jump too, and asked me to come—I said, "No"—I stood there, and the prisoner came and stood by me and snatched my watch—I laid hold of him, and said, "You have stolen my watch"—he said, "It is false"—I said, "It is in your hand, I shall give you in custody"—he had his coat sleeves up, and his hand clenched; but I did not see any part of the watch—he snatched his hand away, put it behind him, then brought it back and said, "Now you may search me"—I saw some parties behind me, and one of them stooped right down—I said that
a constable should search him—he tried to get away, and struck me and another party over my shoulder—he fell into a hole and I on top of him, and held him till the park constable came—it was a silver hunting-watch—I felt it in my pocket five minutes before, but had not seen it since a quarter past 10 in the morning.
Cross-examined by MR. LILLEY. Q. Was this Sunday? A. Yes—there was quite a crowd there—my friends were older lads than me—there were 200 people or more—the hole was in the inclosure on the Wellington-barracks side—I asked my friends to assist me in holding him, but I think they were frightened—they said they would go and fetch a policeman.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
THOMAS SMITH . I am a stockbroker of 1, Copthall-chambers—on Monday, 7th March, about half-past 3, Manwarren came to my office—I did not know him before—he produced sixty-eight shares of the Berlin Water Works Company; he called them sixty-seven, but I counted them and found sixty-eight—he said that he came from Mr. Cleggett of Billiter-square, whom I knew by repute—I drew out this order (produced), which Manwarren signed—I told him it was very late in the day, and that these shares were very seldom bought in, and I had rather wait till the morning, as it would be rather hard on Mr. Cleggett—he said that his orders were to sell them at once and bring away the money—I went to the Stock Exchange, and then went to Mr. Cleggett, to inquire if it was right—I returned to my office, found Man wan-en there, and asked him for the shares in order to take the numbers of them—he gave them to mo and I sent for a policeman—just before the policeman came in, I said I did not believe Mr. Cleggett had sent him—he said that two persons outside instructed him to come into the office to sell them, and I should find them waiting outside—I called the policeman in, and he and I took Manwarren down stairs—he pointed to two persons at the bottom of the court and asked him if they were the persons he meant—he said he thought they were, but that he was near sighted—Walters was one of those persons and the witness Bennett the other—we walked towards them, and they went into a public-house—we were about twenty yards from them—I went in after them and found them standing in front of the bar, drinking, and apparently in deep conversation—I asked Bennett if he knew Manwarren—he said that he did not, he had never seen him—not knowing each other, the policeman did not like to take them all three, but Manwarren finding himself in custody said, "Those are the two men."
Cross-examined by MR. METCALFE. Q. Did not Manwarren say at first that they were not the men who sent him? A. We could hardly get any answer out of him—I do not remember hearing him say that they were not
the men—the policeman said that if he would not say one way or the other he would have to go to the station alone, and I think he said, "You must be answerable"—Man warren then said, "Am I in charge?"—the policeman said that he was, and he then said, "These are the two men."
Manwarren. Q. Did not I say that I wished to go to the station and give all the information I could? A. After you were in custody you did.
HENRY MANDSELL (City policeman, 404). On 7th March, about half-past 3 o'clock, I was sent for to Mr. Smith's office, and found Manwarren there—Mr. Smith said that he had brought some shares for him to dispose of which he could not give a satisfactory account of—I asked Manwarren where he got them—he said that two gentlemen sent him there to dispose of them—I asked him if he knew them—he said, "No, I met them in the Kingsland-road, and they asked me if I would meet them at the Royal Exchange and do some business for them"—he gave me a description of the gentlemen and told me that they were waiting—Mr. Smith sent his brother out, and I want out, and saw two men standing at the bottom of Angel-court—I asked Manwarren if they were the men—he said that they were, but that he was very near-sighted—we went towards them, and they turned into a public-house—we went in and found Bennett and Walters in deep conversation—they turned their backs to us—I asked Manwarren if they were the men who had sent him in—he hesitated some time and then said that they were—I said it was very strange he should have described them so accurately as to the clothes they had on, and their pins, and scarfs—he made no reply—I asked them if they had any knowledge of him—they said, "No," and that they knew nothing of any shares—Bennett wrote his address, which was correct, and Walters gave a false address—I said Manwarren must go to the station on account of the possession of the shares—he said, "Am I in charge?"—I said, "Yes"—he said, "Then these are the two men who sent me"—I took them all three to the station—Walters did not go quietly, and I got the assistance of another constable—I searched them, but found nothing relating to the case.
GEORGE BENNETT . I live at 23, Hemsworth-street, Hoxton—I have been a licensed victualler—I never knew Manwarren till the 7th March—on Saturday evening, 5th March, I was at the Southgate Arms public-house, Southgate-road—Walters came in alone—I had seen him there on several occasions—he asked me if I knew what the Berlin Water-works were worth—I did not know, and took up the Times and found that they were worth two and a half to three and a half—I said, "It is too late to-day, on Monday you can do something with them"—I either said, "I will go," or he said, "Will you go?" and we agreed to meet on Monday morning to go to the Exchange to see what they were worth—I asked him how many he had—he said, "Between sixty and seventy"—we were to meet at the same place at 10 o'clock—it was a quarter to 11 when he came—I asked him if he had got the shares—he said that a friend of his had got them who was coming with him—I asked him where the friend was—he said "On the road," or "Outside"—we left the public-house immediately and met Manwarren, to whom he introduced me as the party—I asked him if he had got the shares—he said, "Yes"—I said, "Allow me to look at them"—he pulled out a black pocket-book and produced a share, saying, "I have one here"—I took it and we went to the Royal Exchange, stopping first at a public-house and had a pint of beer between the three of us—the prisoners left me in the public-house, as I said it was too soon to do any business—I afterwards went on 'Change to find a porter's broker—he came back to the
public-house where we were to meet—I showed him the party who had got the shares, and he said, "I know a respectable house here, Mr. Smith's"—we went there—Manwarren went in and left us outside the door—I waited directly opposite two hours and a-half, walking backwards and forwards—I saw the policeman go in—I afterwards saw him at the public-house and was taken in custody.
Cross-examined by MR. METCALFE. Q. Are you a stock-broker? A. No, I am doing no particular business whatever—I should have attended to him at the Stock Exchange—you may term it as a friend of the broker—I do not introduce customers to brokers—Walters consulted me about it promiscuously—it was only at that public-house that I had seen him—I have seen him there perhaps half a dozen times—I do not know how he came to ask me the price—I had not done such things before, but I had been there on other occasions with others who had had transactions in shares—he said he was going to the Exchange, having some shares to dispose of, and I went with him for a walk—I have been out of business eighteen months or two years—my licence was not taken away, it was through misfortune—that did not carry me into the Insolvent Court—since then I have done anything I could by commission—I have no office as commission agent—I was commissioned last week by a gentleman three days out of six, and the week before—that is not since this case has brought me into notoriety—I never had a commission from the Exchange in my life—I have occasionally bought horses and carts—I became acquainted with the merits of horses by having twenty-seven of my own—I did not make inquiry of anybody as to these shares, only of this one party on the 'Change—I did not inquire where Manwarren lived—he only produced one share—I got the other broker because I did not know which was the most respectable house to go to, so I asked the broker's man—that was not in the prisoner's presence—I was alone then, and he came back with me—I said that the shares belonged to a friend of his.
Manwarren. Q. You say that you were a licensed victualler; where was the house you kept? A. I kept two, one in Church-street, Mile-end, and one in Kent—that is two years ago—I used to be very fond of skittle-grounds—I did not tell Fork, a policeman, that Walters brought the shares to me in the public-house on Monday morning—I said "The share," but he understood me to say "The stores," and I contradicted him at the time—I have said I did not think there was any one there but the potboy, who did not happen to recollect seeing Walters, or he might possibly have not been there at the time—I swear I did not say that Walters gave me the shares—I said that you gave me the share, and if the policeman says so he is not speaking the truth—I contradicted him when he went to the office; I said, "Well, you are decidedly wrong, I never saw the shares."
COURT. Q. When the policeman came to you, were you asked whether you knew Manwarren? A. Yes, but there was a mistake on his part—I said, that I had never seen the man, and he understood that I said, that I did not know him—the constable is here, and may recollect the expression—I said that I had never seen Manwarren until that morning.
CHARLES RICHARDSON . I am secretary to the Berlin Water-works Company, 26, Gresham-street—these shares were returned to the office in June, 1857—they were sent in to be exchanged for fully paid-up shares for 10l., and were to be cancelled by the clerk—I have never seen them since—I did not miss them till one was brought to me, with an offer to sell the whole lot to me for 20l.
The COURT considered, that as there was an interval of two years between the shares being seen and their being found in the prisoner's possession, it was not a sufficient case to go to the Jury.
NOT GUILTY .
There was another indictment against the prisoner, upon which MR. COOPER offered no evidence.
MR. COOPER. conducted the Prosecution.
MARY WHEATLEY . I am the wife of George Wheatley, of 5, little Manchester-street—on Friday, 18th March, I went to bed soon after nine o'clock—I locked the door of the house, and laid the key on the drawers—the window was fast, and everything right and safe—soon after I was in bed, I heard a noise; it sounded like the door being unlocked—I got out of bed, lifted up the window, and saw the prisoner Conway standing underneath—I said to her, "Young woman, try my door"—she did so, and said, "It is all right, ma'am"—I was not satisfied, and said to a little boy who lives next door, who was coming along, "Try my door, my boy"—he did so, and said, "It is all right, ma'am"—I then said to him, "Tell your father to come and protect me; I have fortitude enough to come down stairs"—I went down, and on reaching the bottom of the stairs, I saw a man in the house—he was in the act of making his escape out of the front door—he was closing the door gradually after him—the key was not in the door when I came down; it was still on the drawers in my room where I had left it—I found one of my drawers had been opened, and a coat and shawl, and a frock, that had been taken from it, laid on a chair—the lock of the drawer had been broken.
EMMA SULTON . I am the wife of George Sutton, and live next door but one to the prosecutrix—on 18th March, between nine and ten o'clock at night, in consequence of hearing something, I went to Mrs. Wheatley's house—as I got up, the street-door wan opened upon me, and the male prisoner came out—he put his fingers through the key-hole of the door, and shut it after him—I said, "What do you do here? I am sure you have no business here, you have nothing to do with Wheatley's family. I think you must be the thief"—I took hold of the collar of his coat and held him—I called to a man who stood some distance off to come and assist me—I do not know the female prisoner at all—she does not live near us.
Reynolds. Q. Was I not outside the door when you laid hold of my collar? A. Yes; but you came out at the door, I am quite certain of that—there were three or four persons round—I saw the female prisoner lurking about—you were in the act of closing the door when I seized you by the collar—I saw your face; it was very close to mine, and I have had your features in my mind ever since.
JOSEPH HOLIDAY (Policeman, K 329). I was called to Little Manchester-street, and saw Reynolds—Mrs. Sutton had hold of him on one side, and a man on the other—Conway was standing near—I heard her say, Let him go; you had better let him go"—I took Reynolds back to Wheatley's door, examined the door, and found it all correct—these articles (produced) were standing on a chair near the door.
Reynolds' Defence. The case rests only on the statement of this woman—
if there were several other persons round the door, why do they not come forward?
CONWAY— NOT GUILTY .
REYNOLDS— GUILTY .
Reynolds was further charged with having been before convicted.
GEORGE SMITH (Policeman 99). I produce a certificate (Read: "Worship-street Police Court, March 9th, 1857.—William Saunders and William Reynolds summarily convicted of larceny—Confined Six Months.") Reynolds is the person referred to in that certificate.
Reynolds. Q. Did you have me in custody? A. No; the officer who had has left the force.
COURT. Q. How do you know he is the same person? A. I have known him for the last three or four years—I was present at his conviction, and saw him in custody.
GUILTY.** † Three Years' Penal Servitude.
387. WILLIAM WHITEHEAD CHANDLER (47) , was charged, upon 4 indictments, with feloniously uttering 2 forged cheques for the sums of 440l. and 250l., and for uttering 2 forged bank notes for 10l. each, with intent to defraud, to all of which he
PLEADED GUILTY.— Judgment respited.
388. FREDERICK CASWELL (26) , Stealing, whilst employed in the Post Office, a post letter, containing a 5l. note, a sovereign, and 72 postage stamps, the property of her Majesty's Postmaster-General; to which he
PLEADED GUILTY .
The prisoner received a good character.— Four Year's Penal Servitude.
PLEADED GUILTY .**— Confined Eighteen Months.
PLEADED GUILTY .— Five Years' Penal Servitude.
The prosecutor stated that the prisoner's deficiencies exceeded 2,800l.
391. WILLIAM FORTY (22) , Stealing, on 19th February, 1 dozen pair of gloves, value 30s., the property of John Derby Allcroft and others, his masters; 2 other counts, for stealing other gloves, on 23d and 26th February.
MR. POLAND conducted the Prosecution.
LEONARD WILSON . I am assistant to Messrs. Muncaster and Warre, pawnbrokers, Skinner-street, Snow-hill—I know the prisoner—I have seen him at the shop—he came into our shop on the afternoon of 23d February—he produced a box containing six dozen pairs of kid gloves, and offered to pledge them for 3l. 10s.—I had no particular idea of the value of them—I asked him whose property they were—he said, they were his own—I asked him in what way he became possessed of them, what he did with gloves—he said he dealt in them—I said, if that was the case, would he be kind enough to show me his card, or a bill-head—he said, he had neither a card or bill-head—I asked him. if he carried on business, dealing in these kind of goods, how it was that he had neither bill-head nor cards; but if he had neither to show me, to give me satisfaction, he could, of course, show me a bill or invoice by which he bought the goods, as where he would buy them they would of course give bills—he said he could do so, but he had not got it with him—I said, I should require him to go and fetch it—he had given
me his address as in Hosier-lane, near Smithfield—I said, it was not far for him to go and fetch me the bill of the goods—he hesitated about doing so, and said, if I did not like to advance him the money on the goods, I could return them to him—I said, I should decline doing that; but I should require him to fetch that bill which he said he had—seeing that I would not yield to him on any other terms, he assented, and went away to fetch the bill—I kept possession of the gloves—I watched him out—he went in the direction of Hosier-lane—I did not see him go down Hosier-lane—he returned in about half or three-quarters of an hour—it would not have taken him above five minutes to have gone to Hosier-lane—when he returned, he brought me back this invoice, bearing the name of "Dent, Allcroft, and Co.," and headed "Mr. Fraser, Hosier-lane; bought of Dent, Allcroft, and Co."—he said his name was "Fraser, of 9, Hosier-lane"—I asked him if that was the invoice by which he bought the goods—he said, It is"—I said, "Were they paid for?—he said, "They were"—I said, "If they were bought and paid for, this is the receipt of them?"—He said, "Yes"—I said, "How is it that such a firm as Dent and Allcroft give you a receipt for 10l. or 11l. without a stamp on it?"—he said it was usual in a transaction down in that department—I said, "Who gave it?—he said, "The party in the French department made out the receipt"—I said, "What was the amount you gave for them?"—he mentioned the price named in the invoice, 39s. per dozen, which at six dozen amounted to something like 11l. 14s., but the bill head having on one corner a cash discount of two and a half, he had made 1l. mistake in subtracting that, besides making a mistake in the pence—after talking with him for some time, I left him in the shop and went towards the front door to see for an officer, and while doing so the prisoner made his way out at the side door—I immediately communicated with the police, and gave up the box and gloves to them—these are them (produced)—I also produce another box containing one dozen gloves, pledged by the prisoner on the Saturday evening previous, the 19th, for 10s.—I asked him on that occasion whose they were—he said they were his own; that he dealt in them; that his name was William Fraser, of 9, Hosier-lane—on looking through the warehouse, I also discovered another box of gloves pledged in the same name on the 16th, but I did not see him on that occasion.
Prisoner. Q. Do you remember selling me a Church Service from your window? A. I have no recollection of it—we keep a book in which we enter sales—I have referred to that book—we sold several during the last few weeks—I might possibly know the book if I saw—it (Looking at one produced by the prisoner) I should say this book has been in our stock—there is a faint remains of our stock-mark—I don't remember selling it.
GEORGE FREDERICK LEONARD MULLINEUX (City policeman, 203). On the morning of 26th February, in consequence of information I received from a pawnbroker named Walters, in Aldersgate-street, I went there and saw a person of the name of Robson taking out one dozen pair of gloves—the prisoner was not present—I took the prisoner in custody on Saturday, 26th, at Messrs. Dent's warehouse—I told him that we were two detective officers, and he must consider himself in custody for stealing one dozen pair of gloves, the property of Messrs. Allcroft—I told him he had no occasion to answer me any questions without he thought proper—he said, "I decline answering any questions you put to me"—we took him to the station—Gisby searched him.
JOHN GILBERT . I live at 2, Netting Hill Square, and am warehouse-man in the employ of Dent, Allcroft, and Co.—the prisoner was one of two porters who lodged in the warehouse—his name is William Forty—he has been in the employment about eighteen months altogether—the glove warehouse was quite open to him—he had charge of it during the night—he would leave in the morning when the other porters came—there were two of them there at night, he and another—these gloves (produced) have all our mark on them—these are our manufacture, and these are from France, each pair stamped with a mark which is peculiarly our own—they formed part of our stock—I am able to say they have not been sold—if they had been sold there would have been marks upon the box of the prices, and also a mark of the entering-desk, which they have not—that enables me to say that they have not been sold—this is one of our bill-heads—I do not know the handwriting—it is not the writing of any one in our establishment—we have no person named W. Franklin in our French department—it is not such an invoice as would be sent out by us.
Prisoner. Q. Is not the packing-room parted from the warehouse by an iron door at night? A. No; you had access to the whole of the premises during the night.
COURT. Q. Have you gone through your stock? A. Our stock is so large, we should not miss these out of 25,000 dozen—another proof of these not having been sold is that there are six dozen of one size—we do not sell by retail, but we should not sell six dozen of a size to one party.
THOMAS GEORGE GISBY (City policeman, 245). I went to Messrs. Dent's with Mullineux, and took the prisoner into custody—I told him we should take him into custody on a charge of stealing some gloves, and cautioned him that whatever he said would be given in evidence against him—he said he had nothing to say—I took him to the station and searched him, and found three new scarfs in his coat pocket, a portemonnaie, a wedding-ring, six shillings and three-pence halfpenny in money, a pepper-box, a knife, and a key—I was afterwards with him in a cab with Jameson and Robson, two persons who were then in custody also, and the prisoner said, "What do you want with them? they know nothing about it. I left the box there for Mrs. Jameson to take care of"—that relates to another charge.
Prisoner. Q. Did you take the scarfs from my pocket, or did I give them up to you? A. I took them out—you were going to take out some other things, and I told you not to do so, because I should have to search you.
Prisoner's Defence. I acknowledge to leaving one dozen gloves at Jameson's house—the scarfs formed part of a half-dozen, which, if it had been a few hours later, I could have proved how I became possessed of—I was offering them for sale to the porters in oar establishment, which it is not likely I should have done had I stolen them there—as regards the gloves at Muncaster and Warre's, I have no knowledge whatever—the only time I was ever in the shop was when I purchased the Church Service—the witness has an indistinct recollection of my features, and with the assistance of the policemen he comes forward now and swears I brought these gloves.
GUILTY on the Two First Counts. — Confined Two Years.
There was also another indictment against the prisoner.
GEORGE EDWIN BARBER . I live at Hayle-street, Islington—on the morning of 25th March, between 12 and 1 o'clock, I was passing through Little Turnstile, and a man came behind me and caught hold of my throat with both hands—I called out as loudly as I could—I had a bag of tooth and nail brushes, which I held very fast—I turned to look at the man, and he had got two women with him—they ran off down Little Turnstile—neither of the women did anything—I only saw their backs—I did not see him stopped—I fell against the house from fear and fright—the prisoner was brought back to me in about three minutes—I am certain he is the person.
Smith. I was not in Turnstile,—I was in the other street.
ROBERT PHILLIPS (Policeman). I was on duty in Princes-street, Lincoln's-inn-fields, which runs into Little Queen-street—I heard a great noise, ran to the end of Princes-street, and saw the prisoners running—I stopped Smith coming in a direction from Little Turnstile and asked him what was the matter—he said, "All right, governor, it is only my friends having a lark"—I said, "It looks very suspicious," but let him go—another constable said something to me, in consequence of which I pursued the prisoners, stopped them, and took them up to the old gentleman again.
Smith. You said that I was running, but I never ran a step. Witness You were running, and you ran right into my arms.
SMITH— GUILTY .— Confined Eighteen Months.
HARDWICK— NOT GUILTY .
NEW COURT.—Tuesday, April 5th, 1859.
PRESENT—MR. ALD. SALOMON, M.P.; Sir HENRY MUGGERIDGE, Knt. Ald.;
Mr. Ald. ALLEN; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Sixth Jury.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Six Years' Penal Servitude.
TOOLEY PLEADED GUILTY .— Confined Twelve Months.
THOMAS GROVES (Policeman, L 83). I produce a certificate (Read: "Central Criminal Court, July, 1858; Anthony Hillman Convicted of uttering counterfeit coin.—Confined Six Months.)—I was present—the prisoner is the person.
WILLIAM HILLIER . I keep a pie-shop in Blackfriars-road—on the tree-road 6th January, about half-past 6 in the evening, the prisoner came and wanted a 2d. apple-pie—I served him, and he put down a shilling—I took it up, and knew it directly to be bad—I told him it looked like a copper one; he said he did not think it did, and if I would give it him back he would give me another—I got a policeman, and gave him into custody.
DAVID CHAPLIN (Policeman, L 100). I took the prisoner, and Mr. Hillier gave me this coin (produced)—I noticed it at the time—it was white, and had the appearance of a silver shilling, except at the edge, where it had been scraped off—the prisoner said it had been given him the night before, in change—I took him to the Court the next morning, and he made the remark that he had had nothing to eat that day, and he should have nothing till 7 o'clock at night—he was discharged—he gave the name of John Moore.
CHARLES SPARLING . I keep a tobacconist's shop in Wych-street, Drury-lane—I lived formerly in Long-acre; I had only come into the shop in Wych-street a few days—Mr. Roberts had kept the shop before me, and his name was still up over the door—on 9th March I was in the parlour and my wife was in the shop—I saw the prisoner come in, and recognised him—he asked for half-an-ounce of tobacco—my wife served him—I allowed her to weigh the tobacco, and deliver it; and the prisoner put down a shilling on the counter—I took it up and said, "I will take the money of this gentleman"—when I took it up, the prisoner caught a glance of me and turned his head on one side—I walked round the counter, closed the door, and told him he had come to me in Long-acre, and he had had six months, and could not have been more than a few weeks out of prison—I sent for a policeman, and gave him the bad shilling, and gave the prisoner in charge.
ROBERT WAIGHT (Policeman, F 108). I took charge of the prisoner on 9th March—the last witness gave me this shilling—I was at Bow-street 10th March, and the prisoner said, "What a fool I was! if I had known that had been the same man that kept the shop in Long-acre, I should not have gone there, and I should not have been taken"—he gave the name of Samuel Martin.
Prisoner. No; I said if I had known it had been a bad shilling I should not have gone there; and you said, "Never mind, it is only one case, you will get off." Witness. No.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these coins are both genuine farthings; they have been hammered out, and the reverse side is entirely defaced—they have been flattened on the edge, covered over with a preparation of mercury, and made to represent shillings.
GUILTY .— Four Years Penal Servitude.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
EIZABETH MITCHERSON . I shall be ten years old on 3d of July—I live with my mother in Coopers-gardens; she is a widow—the prisoner lived next door to my mother—I remember going to Mr. Dale's for some coals one day—the prisoner sent me—she told me to ask for 14 lbs. of coals, and gave me a shilling to pay for them—I had no other shilling besides that—I went to Mr. Dale's for the coals, and he had not got any—I went back and told the prisoner—she was then in my mother's room—the prisoner sent me again for 1 1/2 d. worth of coke, and if anybody asked me who sent me, she told me not to say—I went to back to Mr. Dale's—I saw Mrs. Dale; she let me have the coke—I gave her the shilling, and she called down Mr. Dale; he bent the shilling in two, and gave it me back again, and said it was a bad one—I gave that bent shilling back to the prisoner, and said that Mr. Dale said it was bad—she was then in my mother's room, which is up stairs—the prisoner threw the shilling into the fire—I saw Mr. Dale coming into the house soon alter me.
Prisoner. Q. When you brought the shilling back, I asked you if you were sure that was the one I gave you, and you said you did not know whether Mr. Dale put it in the bag or not. A. No, I did not—I saw you put it in the fire.
DAVID DALB . On 19th February, my wife gave me a shilling about 7 o'clock—I examined it, and broke it—it was bad—this little girl was in the shop, and in consequence of what she said, I gave the shilling back to her, and followed her to the house—I went up as tar as the landing of the stairs—the prisoner and this girl's mother were in the room—I saw the little girl give the shilling to the prisoner, and she threw it in the fire—I told the prisoner if she came it any more, I certainly would lock her up—she asked what for—I said for bad money—I left the house—I saw the prisoner again about 9 o'clock the same evening; she began to blackguard me in the street, and wanted to give me in charge, and with that I gave her in charge.
Prisoner. Q. Did you see me throw the shilling in the fire? A. Yes, that was not a minute after the little girl came in—she was hardly in the room when I got on the landing—I did not abuse you—I did not strike you on the head—I did not strike you at all—the constable saw the whole of it.
MARY ANN WOOD . I am the wife of George Wood—on 19th February, about 8 o'clock in the evening, the prisoner came to my shop, and bought a pair of child's trousers—the price of them was 6d.—she gave me a bad shilling—I gave her a good sixpence, and she left, taking the trousers with her—directly she went out, I saw a constable named Clark, and in consequence of what he said, I gave him the shilling—I had not parted with it from my hand—I put a mark on it before I gave it him—the constable afterwards showed me the trousers which I had sold to the prisoner.
Prisoner. Q. Did you give a drop of gin to me and the little child in the kitchen? A. No—you have dealt with me before—I never thought you would have done such a thing—I have sent you for change for a shilling.
JAMES CLARK (Policeman, T 183). I took the prisoner on 19th February, about 9 o'clock in the evening—David Dale was with her—they were quarrelling—the prisoner had this pair of trousers in her hand; she threw them on the ground—I took her to the station—Mrs. Wood came there and said to the prisoner, "You are the woman that came to my shop and passed a bad shilling"—the prisoner said, "It is a lie, you know nothing of me; I have not been at your shop to-day"—I went to the prisoner's room in Cooper's-gardens, and found this bad shilling in a tin canister in the cupboard—Mrs. Wood gave me this other counterfeit shilling.
JURY. Q. Was she sober? A. She had been drinking, and was a little the worse for liquor.
COURT to MRS. WOOD. Q. Does the prisoner's husband live with her at that lodging? A. Yes.
Prisoner's Defence. I am a hard-working woman—I declare I did not know the shilling was bad.
The prisoner received a good character.
GUILTY on the Second Charge. — Confined Six Months.
MESSRS. BODKIN and ELLIS conducted the prosecution.
SUSANNA ANDREWS . I am a widow—I keep a beer-shop in Baker-street, Stepney—on 21st January, the prisoner came for a glass of ale—I served him, and he gave me a florin—I had not change and gave it to my son to get change—he came back with the change—I gave the prisoner 1s. 10d., change, and he left—on Saturday, 29th January, the prisoner came again to my shop—I recognised him the moment he came in—he asked for a glass of sixpenny ale, the same as before—I served him, and he put down a bad half-crown on the counter—I saw it was bad when he laid it down—Moss, my potman, was in the bar, and he went to the door to prevent the prisoner going out—my son James came in.
JAMES MOSS . I am potman at the Little Wonder beer-shop, kept by Mrs. Andrews—I was there on 29th January—I saw the prisoner come in, and put down a half-crown on the counter—I took it up, and found it was bad—I went to the door—I gave the half-crown to James Andrews.
JAMES ANDREWS . I am the son of Mrs. Andrews—on 21st January, I received a florin from her to get change—I went to Mr. Gadd, he gave me change—I took it to my mother and saw her give the prisoner change—shortly after he left, Mr. Gadd came and brought back the florin—I gave him back his change, and he kept the florin—on 29th January, I saw the prisoner again at our house—Moss, the potman, was there—he gave me a bad half-crown—in consequence of what I was told, I said to the prisoner, "This is rather too hot, twice in about eight days"—he said, that if I would give it him back, he would go and get the money—I said, "No, I shall give you in charge"—I sent for a constable, and gave him in charge with the half-crown.
Prisoner. I asked you for the 2s. piece, and you said you had destroyed it. A. No, I did not—Mr. Gadd had it.
JAMES GADD . On 21st January, I received a florin from James Andrews—I gave him change for it—I laid it on the drawers by itself—I had no other—I afterwards examined it—it was bad—I marked it, and gave it to Mr. Andrews, and he gave it back to me—I gave it to the policeman—I had kept it separate—I am sure it was the one I had received from Mr. Andrews.
JAMES SABY (Policeman, K 92). On 29th January, I took the prisoner—I received this half-crown from Mr. Andrews—the prisoner was taken before a Magistrate and remanded till 1st of February—he was then discharged, that being the only case against him—on 15th March, I received this florin from Mr. Gadd—I took the prisoner, and he said, "It is over 14 days now, it is no go".
RICHARD STONE . I am barman at the Angel public-house, at Shadwell—on 4th March, the prisoner came—he asked for half a pint of beer—I served him—he tendered a counterfeit shilling—I told him it was bad, and that I knew him—a constable was coming in, and I saw another man rush from the door—I gave the prisoner in custody with the shilling—the prisoner said he had changed a half-crown, but was not aware where he changed it.
GUILTY .— Confined Twelve Months.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
SARAH CLARK . I am a servant at Kensington—on 11th March, I saw the prisoner selling hearth-stone—he had a barrow with him—I bought some hearth-stone of him—I paid him with a half-crown, and he gave me two shillings in change—I had no other shilling in my possession—about 10 minutes afterwards I went to the butcher's—I showed him one of the shillings I had of the prisoner—he told me it was bad—I did not lose sight of it—I spoke to a policeman and gave it to him.
PATRICK STANTON (Police man, T 303). I went in search of the prisoner on 11th March—I found him about half-past 11 o'clock—he had another man with him, and they had a barrow—they saw me coming up, and ran away and left the barrow—I followed them—as the prisoner was running, he threw away pieces of paper in all directions with both hands—he threw a piece of paper into Mrs. Lovell's garden—I overtook the prisoner and told him I took him in charge for passing a bad shilling to Sarah Clark—he came back with me to where the barrow was—he told me the barrow did not belong to him, and he had nothing to do with it—there were hearth-stones and bricks in the barrow—I received 4 shillings from Mrs. Lovell—she said they had been wrapped up in a piece of paper—Smith gave me one sixpence, and on searching the prisoner I found another counterfeit sixpence on him, at the police-station—he had 7d. in copper on him, good money.
Prisoner. When you stopped me you asked if the barrow was mine, and I said I hired it. Witness. You said that afterwards, but the first thing you said was that you knew nothing about it.
Prisoner. You came up half an hoar afterwards. Witness. No; I was with the constable all the way.
MARY LOVELL . I was in my garden on 11th March—I found a piece of paper thrown in the garden with four shillings in it, all wrapped up in different folds—I broke the paper to see what was in it, and I gave it directly to the to iceman.
COURT. Q. Did you see the barrow? A. Yes; when I gave the paper to the policeman, he had got the prisoner by the collar—my house is in the Bramley-road, where the prisoner was taken.
WILLIAM SMITH . I saw the prisoner running away on 11th March in the Bramley-road—the policeman was following him—as the prisoner was running, there was something thrown away, but I could not see who threw it—there were two running—there was something thrown in the water; I looked, and found a sixpence and gave it to the policeman.
Prisoner's Defence. I was going out that morning, and a man with a horse and cart stopped me and laid out half-a-crown with me—he gave me the same money that I gave to the servant—I was going on, and the policeman came and asked if the barrow belonged to me—I said no, but I had hired it.
GUILTY .— Confined Twelve Months.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
I served her, and she gave me a florin—I put it in the till—there was no other florin there—I gave her change, and she left the house—the florin was afterwards given to me by Mr. Mitchell—he asked me who took it—I said, "I did," and he marked it—that was in a few minutes after I had taken it—I was alone in the bar—between the time that this florin was paid to me and the time it was shown to me, I had not taken any other florin—I saw Ann Davis again on Thursday, 10th March, and the prisoner Edwards was with her—I recognised Ann Davis when I saw her.
Ann Davis. I never was in your place at all. Witness. Yes, you were there.
ALFRED MITCHELL . I live in Jubilee-place, Shepherd's-bush—I was at Mrs. Ingeldew's on 10th March—I saw the three prisoners come in—Edwards came in first, and then the two women came in together in about five minutes: Edwards called for a pint of ale—I served him, and he paid me with a counterfeit florin—I noticed in a moment that it was bad, and told him so—I said, "There are a great many of these going about; where do you get all these from? I shall give you in charge"—he made no answer—I sent for an officer and gave him in charge, and Ann Davis also—I gave the officer the florin; I also gave him another counterfeit florin—I got that on Tuesday, 8th March, about 6 o'clock—I took it out of the till—Miss Ingeldew was in the bar standing by—on 10th March, Eliza Davis came in for half a pint of beer—that was after the other two prisoners were there, and after the florin had been uttered—she stood close by the other prisoners—she paid 1d. for it—When Eliza Davis came in, I said to Ann Davis, "I think you are sisters"—Ann Davis said that she never saw her before—a boy then called out, "Here is a policeman coming," and Eliza Davis walked out—I saw her turn down Wood-lane—there is an open place there.
Edwards. When I went in, there was nobody but me—I called for a pint of beer, and he said, "This is a counterfeit florin; how many have you got of them?"—I said I had not got any more—when the female came down, she said Eliza Davis gave her the florin, and then she said, "No, not that one, Ann Davis." Witness. When I asked the young lady who gave her the florin, she pointed out Ann Davis—the other woman was not there at the time.
MR. BODKIN. Q. When Ann Davis was told she was the person who was there before, what did she say? A. She denied it, and said, "I was not here before."
ELLEN BRANDOM . I am barmaid at the Stuart's Arms—on Thursday, 10th March, Edwards came between two and three o'clock—he called for a glass of ale—I served him, and he gave me a counterfeit florin—I told him it was bad, and he gave me a good shilling—I gave him change, and he left—I am quite certain that the florin he gave me was counterfeit—I put it in my mouth, and bit it—it was soft and very gritty.
Edwards. I never was inside the public-house. Witness. I am sure he is the person.
CHARLES FLETCHER (Policeman, T 231). On Thursday, 10th March, I was in Camden-road, Notting-hill, about three o'clock in the afternoon—I saw the three prisoners standing together looking into Mr. Hacker's, a grocer's shop—as I was passing, Ann Davis was a little on one side the others and she stared at me very hard in the face, and turned to Eliza Davis, and said something which I did not hear—I am sure the prisoners were together—as soon as I saw them in custody I said so.
10th March, at the Beaumont Arms—I received this counterfeit florin from Mitchell—I afterwards got this other florin from him—I searched Edwards and found on him a sixpence, a fourpenny piece, and three half-pence in copper.
ELIZA CLARK . I am female searcher at the station-house, Notting-hill—on 10th March I searched Ann Davis—I found on her four sixpences, and 1s. 5d. in copper, all good—I searched Eliza Davis, but found nothing on her.
JANE HALL . My father is a grocer, and lives near the Beaumont Arms—on 10th March, about four o'clock in the afternoon, Eliza Davis came to me for a pennyworth of cheese—she offered me a half-crown or a florin—she had some small silver coins in her hand, and some halfpence—I said, "You have some half-pence, give me a penny," and she did so—when she left, I saw her go immediately into the Beaumont Arms.
Eliza Davis. I never was in the shop. Witness. I am positive she is the person.
GEORGE BROWN (Police-sergeant, T 18). I am stationed at Brook-green—on Thursday, 10th March, I went in search of Eliza Davis—I found her in Wood Cottage, Wood-lane, concealed behind the door of an unoccupied house—as I entered she said, "So help me God, I know nothing about it, I am innocent"—that was before I had said anything to her—as she was walking along, I walked behind her, and distinctly saw her take something from her breast, and throw away something wrapped in a piece of paper—a boy picked it up in my presence, and gave it to me—it was this shilling wrapped in paper—I told the prisoner of it, and she said it was the boy threw it away.
Eliza Davis. A boy picked up something and gave it him, and he said that I threw it down, and that I had got all the bad money. Witness. I did not—I saw her throw it away—I was within two or three inches of her—I had hold of her at the time.
Edwards. Q. Are there any marks on the florins? A. Yes, on the edge of one of the florins there are two small indentations—they were very likely made by the teeth—I can't say.
Edwards Defence. I went in to get a pint of porter—as to these other prisoners, I know nothing about them—I did not see them till they were in the station—I took a two-shilling piece of a man, and gave him change in coppers.
Ann Davis' Defence. I never was in the house before.
EDWARDS— GUILTY .— Confined Twelve Months.
ANN DAVIS— GUILTY .
ELIZA DAVIS— GUILTY .
Recommended to mercy.— Confined Four Months each.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
JOHN BARRETT . I keep the New Cross public-house, Wardour-street—on 8th February the prisoner came between eight and nine o'clock in the evening—he called for three-halfpennyworth of gin—I served him—he gave me a shilling—I put it to my teeth, and found it soft—I told him it would not do for me, he must find me another—he then paid for the gin in good money, and he took the bad shilling—on the same night I went to Vine-street station, and the prisoner was there on another charge—I did not prefer any charge against him—I merely went to recognize him.
Cross-examined by MR. RIBTON. Q. In what way did you try the shilling? A. I put it to my teeth—it bent easily—I don't know that I bent it a great deal—I don't know that I have Very strong teeth—I bent it easily.
WILLIAM CHANTER (Policeman, C 124). I am the constable of King-street station—the prisoner was brought to me on 8th February, about nine o'clock in the evening, on a charge of passing counterfeit coin—I took him, and another with him, to the station—on the way the prisoner threw away something, but it was very wet and dirty, and we could not find it—there were a number of persons about—the last witness came, but he did nut press the charge, and the prisoner was allowed to go.
Cross-examined. Q. Did not Mr. Barrett say he would not have anything to do with it? A. Yes, and the man was discharged—when I took him, he and his partner were standing close together, and he threw something amongst some persons back-handed—I don't know how far it went from him—I looked, and could not find it—another constable, who was with me, assisted me in looking—I did not tell the other constable about it—he saw it as well as me—I said, "He has dropped something"—I did not say that to the constable, he might have heard it—we began to look for it.
MR. ELLIS. Q. Did you call out, "He has dropped something? A. Yes, there was a great crowd about—Mr. Barrett did not press the charge—there was a previous charge, but the other publican did not press the charge, because there were two of them, and he could not identify the prisoner as the man who gave it him.
ELIZABETH ASHBOLT . I am barmaid at the Wheat Sheaf public-house—on Sunday night, 20th March, the prisoner came in about a quarter before 11 o'clock—he asked for a glass of stout—the price was 2d.—he gave me a shilling—I knew it was bad directly I saw it—I called out, "This person has given me a bad shilling"—I gave it to Mr. Lambert, and he broke it in two directly—the prisoner said he did not think it was a bad one—he paid for the stout with a good shilling—when Mr. Lambert broke the shilling, he put it on one of the shelves in the bar, and I put it in the fire the next morning, and it melted directly—on the Wednesday following I saw the prisoner again—he came about half-past 9 o'clock in the evening, and called for a glass of stout—I recognised him in a moment—he gave me a bad shilling—I told him it was bad, and said, "You were here on Sunday"—he denied it, and said he was not—I called Mr. Lambert, and gave him the shilling—he gave the prisoner in charge—I am quite sure the prisoner is the man.
Cross-examined. Q. Had you ever seen him before? A. Not to my knowledge before the Sunday—it was on Sunday night he came—Mr. Lambert was there, and tried the shilling—I did not try it—I saw it was bad the moment I saw it—it was not bent when he gave it me—I did not put it in the till—I handed it at once to the landlord, and he put it in the detector, and broke it—the prisoner remained in the bar while the shilling was broken on the Sunday night, and he paid me with a good shilling—I don't recollect that he wanted the broken pieces back—on the Wednesday night Mr. Lambert was in the bar—I gave him the shilling—he put it in the detector, and broke it—the prisoner remained till the constable came—he said he did not know it was bad—there were other persons there—we were very busy on the Wednesday night—I don't know that ever I took a shilling which I thought was good, and afterwards found it was bad.
SPENCER LAMBERT . I am the proprietor of the Wheat Sheaf, in Oxford-street—I received a counterfeit shilling from the last witness on 20th February—the prisoner was there at the time she gave it me—he was in a
small inclosed bar which leads into Oxford street—the last witness pointed to him as having given her the bad shilling—I said to him, "Come, this fun won't do here; you know this is a bad shilling"—I broke the shilling—the prisoner protested his innocence, and declared he knew nothing about it—he was allowed to go away—I did not see the shilling destroyed—on the Wednesday, I received another counterfeit shilling—the prisoner was not in the same inclosed place as before—he was in the open bar—it was between nine and half-past nine o'clock—I went round to prevent his escape, and a constable came up—I gave him the second counterfeit shilling which I had received from the witness—I told the constable that the prisoner had passed a bad shilling for the second time on me—I am not sure whether I said when the first had been passed—previous to the constable coming, the prisoner wished me to let him go—I told him I should do nothing of the kind, as he had been to my house on the Sunday previous—he said, "Well, I was, but I was not aware it was bad money"—after the constable came, the prisoner said he was not there on the Sunday.
WILLIAM WEBSTER . This shilling is bad—if a bad shilling were thrown in the fire, it would melt almost instantly—a good shilling would melt, but it would take perhaps a minute or two—a bad shilling is likely to be broken instantly by a brass detector, or by the teeth.
NOT GUILTY .
HAYWARD PLEADED GUILTY .— Three Years' Penal Servitude.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
JAMES BRANNAN . I was an inspector of the G division of police—on Saturday, the 26th March, in consequence of information, I went to No. 2, Smith's-court, Charles-street, Drury-lane, with Inspector Bryant and the other witnesses—the door of the house was open—we proceeded to the first-floor room—the door was fastened with a drop bolt on the inside—we broke it open with a sledge hammer—the three prisoners were in the room—the two men were sitting at a table at the back window—the female was standing between them—the men were engaged in rubbing counterfeit coin between their finger and thumb, what they call slumming it, to give new coin a black appearance like old coin—the female immediately rushed towards the front window, which was behind me—the men stood up from the table, and Hayward rushed towards me—I said to him, "Charley, I have come to pay you another visit"—he said, "All right, all right, Jemmy! You have got me to rights; I knew you would have me some day: I am better pleased by 50l. that you have got me, and not—," two others whom he named—I examined the table, and on it, and by it, I found twenty-two florins, three crowns, and twenty-nine shillings, all of which are counterfeit (produced)—some were on the table and some on the floor—I found on the table this box, containing black composition in a wet state—it in used in a wet state—I found in Hayward's pocket one-and-sixpence, and I saw Johnson throw down three florins, which I believe were counterfeit.
Cross-examined by MR. RIBTON. Q. What time of day was it? A. Twelve in the day as near as possible—it was in Smith's-court—the
houses are three stories high—I believe it is a lodging-house—the room has been occupied some time by the prisoner Hayward—I saw him there once before—I had not seen Johnson there—I believe Duncan lives in that court—I have heard which house she lives in—Johnson did not say he had gone there to borrow a shilling—we broke the door in—I was the first in—the others followed me—they stood back when I broke the door open with the sledge hammer—it did not give way with the first blow—I can't tell whether the others had the same opportunity of seeing what I did—I did not see Duncan drop the coin—Hayward rushed towards me—I pushed him down, and he pulled me down—I believe the other constables were in then—there was a great deal of confusion—I don't know how many persons were lodging in that house—there are three rooms—I believe they are all inhabited.
ARTHUR ELLIOTT (Policeman, G 104). I accompanied the other officers to the room—I saw Duncan rush to the front window, which was open, and get on the cill—I pulled her back into the room, and we struggled together—she had got something in her hand—I tried to get hold of her hand, and she dropped a packet which contained four sixpences, and two sixpences were on the floor, which I believe dropped from the packet—these are them—in another moment she would have been out at the window, and this packet as well—she said, "I know nothing about them"—I noticed the other prisoners in the room, but I was too much engaged to know what was done by the others.
Cross-examined. Q. Did you go in the room with Brannan? A. He went in first, I followed him—I did not see him on the floor with Hayward—I was present at the first examination, but was not called—the prisoners were remanded, I believe—I did not see the coin on the table till afterwards, when we were going to leave the room—what Duncan had in her hand was a packet folded up—there were four sixpences in it, and two were on the floor, which I believe had dropped from the paper—I did not take the packet out of her hand—I saw it drop on the floor from her hand, but did not see it in her hand—it was impossible for me to see it in her hand, when she had her hand closed—she was about a yard from the window—she was struggling with me and with Inspector Bryant as well—I believe the other men were at the other end of the room—I took Duncan to the station—I heard her say at the police-court that she knew nothing about the sixpences—I believe Duncan was searched—the searcher is not here.
BENJAMIN BRYANT (Police Inspector, G). I followed Brannan into the room—I saw Elliott with Duncan—I saw him pull her back from the window—I assisted in doing it—I saw her drop the paper parcel—I asked her if she had any more—she said, "No, only this," giving me a purse, which contained one-and-sixpence in good money—I afterwards assisted in searching the room—I found a paper containing twenty-five half-crowns on a table in front of the fireplace.
Cross-examined. Q. You saw Duncan drop the packet; did you see it in her hand? A. I saw she had got something in her hand, and I struggled to get it out of her hand—she was perhaps two or three feet from the window—she said she knew nothing about the packet at the time Elliott showed it me—he picked it up and showed it me—I saw the other prisoners at the far end of the room; but I was engaged with Duncan, and did not see them do anything—I saw the half-crowns that I produce on the table—the florins were not found by me.
the room—when I got in, the two men were against the table at the back window—I found three counterfeit florins on the table—in going to the station, a man came and spoke to Duncan, and asked her if it was to rights—she said, "No, it is only for the stuff."
JAMES BRANNAN , junior (Police-sergeant, G 21). I went with my father into the room, and saw Hay ward struggling with him on the floor—I seized him, and picked up a packet by his side on the floor, containing forty-four sixpences, which I believe to be counterfeit.
WILLIAM WEBSTER . These twenty-two florins are all bad—they are from two moulds—these three crowns are all bad, and from one mould—these shillings are bad; eight are from one mould, eight from another, and seven from another—this tin box contains blacking—it is used for the purpose of dimming the coin—these half-crowns are all bad; twelve of them are from one mould—these sixpences are all bad; eighteen of them are from the same mould as three of those which the woman dropped.
JOHNSON— GUILTY .— Confined Two Years.
DUNCAN— GUILTY — Confined Eighteen Months.
JOHN GOOCH . I keep the Kenton Arms, at Hammersmith—on 15th March, Smith came and called for a glass of sixpenny ale—she gave me a florin—I put down one and sixpence on the counter, and was gathering the coppers out of the till, when I saw that the florin was bad—I took it and put it between my teeth, and bit it—I told her it was bad—she said she had sold two caps for one and sixpence, and took that in payment, and she gave sixpence change—I gave her in custody.
JAMES BURN (Policeman, D 262). I took Smith on 15th, at Mr. Gooch—he gave me this florin—I told her what she was charged with, and asked her her address—she refused to give her address or her name—in the morning, at the station, she was asked her name, and she gave the name of Harriet William, and said she got the florin by selling two caps—she was discharged.
JANE INGLEDEW . I keep the Beaumont Arms at Shepherd's Bush—on 23d March Smith came to my house and had a glass of ale—she put down a florin—I said it was bad—she said she took it for selling two caps.
Smith. You put the florin in the till. Witness. No, I did not; I gave it into Mr. Mitchell's hand, who is here—I did not lose sight of it—I don't remember that you asked me to let you look at it.
FRANCIS COPPIN (Policeman, T 144). I took Smith on 23d March—I received this florin from Mrs. Ingledew—I told Smith she was charged with passing a counterfeit florin—she said she did not know it was bad; She took it in the street for selling two caps—she gave her name, Sarah Thompson, and said she had no home—I took her before a Magistrate on the 24th, and she was discharged—I saw Barrett in the court, and when Smith was discharged she followed her out.
CAROLINE COLE . I am the wife of William Cole who keeps the Ladbroke Arms—on 25th March the two prisoners came to my house—Barrett called for two glasses of ale, and gave me half-a-crown to pay—I tried the half-crown in the detector and said it was bad—I said, "Do you know where you got it?"—she said she thought she did, and she gave me a good sixpence to pay for the two glasses of ale—I gave her 2d. change, and she left.
GEORGE HUNT . I keep a shop at Notting-hill. On 25th March Smith came and asked for half-a-yard of calico—it came to 3d.—she tendered me a half-crown—I found it was bad and very soft—she said she had just taken it at the butter shop—she took it and went away, and did not return—I told a constable.
ELIZA LEWIS . I am the wife of Henry Lewis, a grocer, of Port-land-road. On 25th March, Smith came for some sugar and tea, which came to 2 3/4 d.—she gave me a half-crown, and I gave her change—directly afterwards I discovered it was bad, and I told her so—I had never put it in the till—she said, "I know where I got it, I will go and get it changed"—she gave me back my goods and my change—I gave her the half-crown—she left, and did not return—the half-crown was not at all bent when she gave it me.
JOHN MCKAY (Policeman, J 220). I was watching Barrett on the afternoon of 25th March—I saw Smith come out of Mrs. Lewis's about six o'clock in the evening—Barrett was walking backwards and forwards in the road, about 200 yards off—Smith went and joined her—she handed her baby to Barrett and also a purse—they went on to the Lansdown-road—I went to Smith and said, "What is that you have got here?"—she said, "Only a purse"—I took the purse from Barrett—there was nothing in it—I took both the prisoners to the station—8d. was found on Barrett, and a key and 1d. on Smith.
SMITH— GUILTY .— Confined Nine Months.
BARRETT— GUILTY of the Uttering to Cole only. — Confined Six Months.
OLD COURT.—Wednesday, April 6th, 1859.
PRESENT—Mr. Justice Erle; Mr. Baron CHANNELL; Sir JAMES DUKE, Bart. Ald. M.P.; Mr. Ald. SALOMONS, M.P.; Mr. Ald. MECHI; and Mr. COMMON SERGEANT.
Before Mr. Justice Erle and the Third Jury.
404. HERBERT TAYLOR (27), was indicted for a robbery on Richard James Stevenson, and stealing a watch value 2l. his property, and at the same time feloniously wounding him—Second Count, with intent to do grievous bodily harm.
MR. THOMPSON conducted the Prosecution.
MARY STEVENSON . I am the wife of Richard James Stevenson, a watch-maker at 234, Bethnal-green-road. On the evening of 3d March I was sitting in the shop—it opens into the road—my husband was also sitting there—a man dressed in soldier's clothes came in; it was the prisoner; it was a little after 9 o'clock, he said, "Let me look at that watch again"—I had not seen him before—my husband reached a silver watch from the window, closed the door, and then gave it into the prisoner's hand—the prisoner asked the price of the watch—my husband told him it was 2l.—the prisoner said, "Can't you take 35s. for it?"—my husband refused—he then offered 37s.—my husband said he could not take it—the prisoner said it was a great deal of money, and he should have to work forty-one days to earn that—he asked me if I could persuade my husband to take less—I said I had nothing to do with it—he then said, "Take that and nothing;" at the same time striking my husband a terrible blow on the head, and he rushed out of the shop with the watch in his hand—he struck my husband
with a stick with lead at the end of it, covered with a kind of netting—he took the watch out in his hand; it was afterwards given to me—my husband was insensible from the blow—he bled very much indeed—I am sure the prisoner is the man.
Prisoner. Q. Did you see me with the stick in my hand? A. I did not; I saw the stick across your breast when you had the watch in your hand—I cannot say I was looking when you took the stick, but I saw you strike the blow—you did not hold the stick in your hand in the shop all the while.
RICHARD JAMES STEVENSON . I am a watchmaker in Bethnal-green-road. On the evening of 3d March I was behind my counter, when a man in soldier's clothes came in—he asked to look at a silver watch—I took it from the window and showed it to him.
COURT. Q. Did you hear the evidence given by your wife? A. Yes; it is quite correct—the prisoner had been in that evening before, about 8 o'clock—I am confident he is the man—I bled very much after receiving the blow, and have been laid up—this (produced) is the watch I showed to the prisoner—it is my property.
HENRY OSBORNE . I am a porter, and live at 118, Wellington-street, Victoria-park. On the evening of the 3d March I was looking in at the prosecutor's shop-window—I saw the prisoner at the counter looking at a watch—I afterwards saw him strike the blow—as he came out of the shop I sprang upon him, and struggled with him—I picked up a watch that fell from him—I held it in my hand, and him too—I gave it into Mrs. Stevenson's hands.
Prisoner. Q. Did you say you picked up the watch yourself? A. Yes.
THOMAS CONINGSBY . I am a cheesemonger, in the Bethnal-green-road—I saw Osborne struggling with the prisoner—I went over to his assistance, and inquired of Osborne what he had been doing—he said he had stolen a watch—I secured the prisoner and handed him over to the police with the stick.
Prisoner. Q. Did not you pick up the watch? A. No.
JAMES TOULMIN (Policeman, K 452). On the evening of the 3d March I took the prisoner into custody—I produce the watch—it was taken to the station by the prosecutor—the prisoner remarked that he would rather get into the hands of the civil power than the military.
JAMES ROLPH . I am a surgeon—on the evening of 3d March I was called in to attend the prosecutor, a little after nine o'clock—I found him in the back parlour, faint and exhausted from haemorrhage—it proceeded from a lacerated and contused wound in a longitudinal direction over the superior and posterior portion of the frontal bone, about an inch or an inch and a quarter in length—such a wound might be produced by a blunt instrument of the character of this stick—his life was considered in danger at the time—he has in some degree recovered now, but not wholly so.
COURT. Q. Did it reach the bone? A. It divided the pericranium, and did reach the bone—that is a part of the skull which is very firm—the wound was inflicted from above, downwards.
Prisoner's Defence. I never saw that stick until it was produced next morning in court—I acknowledge to stealing the watch, but the weapon I never saw.
GUILTY — Death recorded.
MR. COOPER conducted the Prosecution.
MARY COOK . I live in Doby-court—on the night of 26th February the prisoner came to my house to see his wife—she had not been lodging with me, she was only stopping there—she came to assist me when my sister died—he and his wife began aggravating one another—she abused him frightfully about his clothes and his work—they went on in that way for some time—we got him away at last—he went out, and returned in about three quarters of an hour—they began at it worse than ever—his wife was the worst of the two to tell the truth; she was calling him all sorts of names, and abusing him frightfully as she sat on the side of the bed; she grasped me round, and held me—the prisoner took up the poker and was trying to make a blow at her, but he hit the bedstead two or three times, and took pieces out of it—he then hit her with the poker on the head, and she fell back—I loosened myself from her, and called Mr. and Mrs. Latimer from upstairs.
Prisoner. When I first came to the house my wife was blackguarding me about my clothes—I heard what she had to say, and then went out and went to a public-house and had something to drink—Mrs. Cook came there with two jugs for some beer and some gin—I went back and sat in the house while my wife drank it—she still kept blackguarding me about my clothes and my work—I took my child in my arms and sat there—my wife kept drinking the gin and the beer, and after she had been drinking for about half an hour, she dragged the child from my arms and knocked it down on the bed so that it had scarcely any breath in its body for five minutes—I said to her, "You infernal thief, do you want to kill the child?"—she said, "I will kill you as well as the child;" and she took up the poker and made several bits at my head—with that Mrs. Cook grasped her arms and they fell on the bed with her hands round Mrs. Cook's body—I hit my wife on the arm with the poker to make her let go of the woman, for I thought my child would be killed—she fell against the bedstead and hit her head—she had left me, and been to Mrs. Cook's for fourteen days—the week before that she had scratched my face and torn it to pieces so that I was ashamed to go to my work.
Witness. I did go to the public-house to fetch some beer and some gin for the prisoner's wife because she was faintish; that was before she was struck—she had stopped with me for fourteen days—I can't say what she said to him, there was such aggravation between them, and I was stupid at the time through their aggravation—she did drink the gin—she took the child from him and laid it on the bed—I can't say whether she hit him with the poker, for I was so stupid with the fighting and the aggravation that I did not notice it much—I can't say whether she was hurt with the fall against the bedstead or whether the poker hit her, I was so stupid and frightened.
SARAH ANN LATIMER . I was not present when the prisoner and his wife commenced quarrelling—when I went in he was not there—he came in about two minutes—his wife told me to wait there as long as I could because he would not hit her while I was there—he sat down on a chair by the side of the bed—she was standing against the fire—he began talking to her, and she began aggravating him—I tried to please them all I could—he told her he was ashamed to go to his work because she had scratched his face—she said she was ashamed of him for blacking her eye—I went up stairs and went to bed; after a short time I heard a great noise and screaming—Mrs. Cook called my husband down—he went down, and
I went afterwards—I saw the prisoner's wife senseless on the floor, bleeding from the head and each arm—the prisoner said, "She is dead; I am sorry for it; I am going to be hung."
Prisoner. Q. Did not I ask you to bring some water? A. Yes, but I had just got out of my warm bed and had no shoes and stockings on, and you don't suppose I was going down in a wet cellar to fetch water for you, I would not do it for my own father, but I told you I would, if you waited till I put my boots on.
HERNY LATIMER . I am the husband of the last witness—on the night in question, I heard a great noise in Mrs. Cook's room—Mrs. Cook came up for me, and I went down—I found the prisoner's wife senseless on the floor—her head was bleeding—I assisted in helping her up—I afterwards saw a poker in the hands of the policeman—I did not see it found.
Prisoner. Q. Was there not a pool of blood on the floor? A. I never noticed it—I did not hear you say that you would do seven years for your wife to get rid of her—I was not in the room at the time.
WILLIAM ROBINSON (City policeman, 128). I was on duty in Doby-court on this morning—I was called into Mrs. Cook's room—I saw the prisoner there—he was wiping the blood off his wife's face with a cloth—I said, "What have you been doing?"—he said, "I done it all myself"—I said, "Is she dead?"—he said, "She will be in a minute or two"—I asked what he did it with; he said, "I did it with my fist, until she attempted to scratch my face, and then I made use of a machine; I was born to be hung"—I stepped over the woman as she was lying on the floor, and picked up this poker which was behind her—he asked me to go down stairs with him and get a basin of water—I did so—he then asked me to go with him to the water-closet in the cellar, and while he was there he said, he had been a bad man in his time; that he had been on the spree and done away with the best part of the things he had at home, and the sooner it was over the better—he was perfectly sober—he said he had only had two glasses of beer to drink all day long—he wanted the water to wipe the blood off his wife's face—while the surgeon was examining her, he said, "Is she dead, doctor?"—the surgeon said, "No"—and he said, "I don't mind the wounds and bruises; I can do seven years for them."
Prisoner. He is swearing falsely about my saying I could do seven years for them—I said, "Thank God she is not dead, for if she is laid up seven years I could support her by my daily labour."
RAYNER WINTEBOTTOM BATTEN . I am one of the house-surgeons of St. Bartholomew's Hospital—the prisoner's wife was brought there about 2 o'clock on the morning of the 27th—she had a cut on the scalp about an inch long, which lay bare the bone, and she had one bone broken in each fore arm, besides several minor cuts and bruises in different parts of the body—a poker might produce such wounds—I cannot say that the wound on the head was produced by the poker—the prisoner said it was caused by the bedstead—I have seen similar wounds produced either by a bedstead or a poker—a poker would produce it—she remained in the hospital nearly three weeks—the wounds were not at all dangerous—it was a clean cut—I was not in the least anxious about her at any time—the adjoining parts were not bruised—a clean cut to the bone without the bruising of the adjoining parts would be rather more likely to be done by the sharp edge of furniture than by a poker—it might have been done by the edge of the square part of the poker—the edge of the wound was quite healthy—this poker (produced) has not a very sharp angle to it, but I have
seen similar wounds produced by such an instrument as the edge of a pewter pot—the skin was broken.
MARY COOK (re-examined). The poker was not bent as it is now when it was in my room—it was bent by the blows on the bedstead—when the woman was struck she fell back on the bed—I suppose the prisoner struck her on the head, but I was so stupid and out of my senses that I could not say.
Prisoner's Defence. I am very sorry for it, and I beg for mercy of the court.
GUILTY of Unlawfully wounding. — Confined Twelve Months.
NICHOLAS POLIAZZO (through an Interpreter). I am a Greek—I reside at 32, Wellclose-square—I am the chief mate of a Greek ship—on Wednesday night, 16th March, between 11 and 12 o'clock, I left the Rose and Crown in St. George's-street in the East—I was accosted by the prisoner—he was in company with another man—he asked me to give him something to drink—I refused to do so—then he asked me again, and I agreed—we went down a small narrow street—I don't know the name of it—the prisoner was abreast of me, and the other one was on my right-hand side—the prisoner began talking to me, and at the same time he took my watch and chain away—I am sure it was the prisoner that took it—I seized hold of him by the collar, and kept hold of him till the policeman came up—this (produced) is my watch—it had a gold chain to it, which cost me 7l.—that is not here—a part of it is left on the watch—when the prisoner took the watch from me he put it inside his breast—I don't know where it was found.
JAMES M'DONALD (Policeman, H 102). On the night of 16th March, between 11 and 12 o'clock, I heard a cry of "Thieves" in Artichoke-hill, which runs out of St. George's-street—I went to the spot—before I reached it I saw a man get up off the prosecutor and the prisoner and run away—when I reached the spot the prosecutor had hold of the prisoner by his left hand and his throat—I took hold of them both—the prosecutor could not speak so that I could understand him—all I could understand was, "My watch"—I found this watch on the ledge of a window—the prosecutor said in the prisoner's presence that it was his watch—I took the prisoner into custody.
Prisoner. Q. How far from the place where you apprehended me did you find the watch? A. I found it on the ledge of a window about three feet from the pavement, directly over where you were you, where the struggle took place.
The prisoner's statement before the Magistrate was read, as follow:—"I have got no evidence, but all I have to say is, I was in my boarding-house ten minute before the accident happened—I asked two of my shipmates to come and have a pint with me before going to bed—they said "No"—I went to a public-house—I met the man, he struck me, and I struck him, and we both fell together—he said something that I did not underhand, and before we rose the police came and took me—the police searched me eight yards from where the watch was found."
Prisoner's Defence. I am a seafaring man, and earn my living by going to sea, and not by thieving—I have a certificate of good character.
GUILTY .— Confined Nine Months.
407. MARY ALLEN (35) , Feloniously casting and throwing 2 oz. of oil of vitriol Upon Mary Ann Allen, with intent to burn her, and whereby she was burnt—Two other Counts, with intent to disfigure and to do grievous bodily harm.
MARY ANN ALLEN . I am the wife of Robert John Allen—I was married to him on Christmas-day last—I have my certificate, if it is required—he is a hatter, working at Mr. Heath's, in Oxford-street—I hare known the prisoner about eighteen months—I am not related to her, she has taken the name of Allen—on 26th January last, about 1 o'clock in the afternoon, I was with my husband at Mr. Heath's, in Oxford-street—as we were coming out of there I saw the prisoner standing close by—we all three went into a public-house and had a pint of beer together—she said she had been walking about all the morning without anything, and had no money, and I felt very sorry for her and gave her sixpence, which was all I had but three-halfpence—my husband left us and returned to his employment—the prisoner wished me to go and hare some refreshment with her—I did so, the prisoner paying for it out of the money I had given her—she sat by my side at the public-house drinking with me—I missed her from my side—I did not notice her getting up till I saw her standing aslant of me with a pint measure in her hand—she then threw something upon me, and said, "There, take that"—there had not been an angry word between us—something went over me which caused a great burning sensation, and the immediate loss of the sight of one eye—it extended all over the left side of the face, neck, chest, and left arm—here are the marks on my arm now—she was standing a very short distance from me at the time she did it—had she gone further round, the whole of the contents of the pot would have gone over me—the greater portion went over my clothes, which were burnt to a cinder—it caused me great pain—I have entirely lost the sight of one eye, and am still suffering—I am still in the hospital.
Prisoner. The man Allen had been living with me turned eleven years—he took me away from a good home at Bristol—this woman did not know but he was my lawful husband, and he went and cohabited with her—he has had me locked up for six months on a false oath, saying that I ran after him with a knife—he has got all my things, even the very bed I worked for while he was in prison for two months for stealing a child. Witness. I believe my husband did formerly cohabit with the prisoner—I have known him about twelve months, but I knew he was not a married man.
Prisoner. I am a lackerer of brass, and I got this stuff to use in the trade—I had it with me when I met them, under my shawl, corked up in a bottle—I wanted him to give me 5s. to buy an old gown and a pair of shoes, and he would not—this woman forced her discourse upon me, and drank with me, and used very improper and disgusting language—she shook the bottle, and the stuff went over my hands; and then I threw it over her. Witness. It is false.
ROBERT JOHN ALLEN . I am a Journeyman hatter, and work At Mr. Heath's, in Oxford-street—I have been acquainted with the prisoner and had intercourse with her for about ten years—I married the prosecutrix in December last—I knew the prisoner intimately up to Within about
nine or ten months of that time—on the day in question I was at my employment at Mr. Heath's, when my wife came to bring me my dinner—I did not see the prisoner that day until I went out to my wife, but I had heard of her being outside an hour and a half previously—when I went out with my wife the prisoner followed me into the public-house, without my consent—I called for a pint of porter—the prisoner had some of it—I think my wife passed her the pint pot, saying at the same time, "I hope you bear me no ill-will or animosity"—the prisoner answered, "My dear creature, I would not wish to injure a hair of your head; but as for your husband, I will see that he does not exist after another fortnight"—I then returned to my employment—up to the time of my leaving there had not been a single word of disagreement between the prisoner and my wife—the prisoner has studied a variety of occupations during the time I have known her—her last employment was, I believe, book-binding—I never knew her to be in any employment in which she would use oil of vitriol—I know that she has had it in her possession while she was with me mouths previous to this, and I questioned her about it—she said it was to clean some articles—I said, "You have got about eight penny worth of vitriol to clean articles not worth a penny"—she said she had bought it of a manufacturer very cheap—I said I would not have it in the place, for I was very suspicious of it, and I threw it away.
Prisoner. I want my things back that you have of mine. Witness. She took everything away from me, even the bed I had to lay upon, and sold for drink—I have nothing belonging to Harriet Edwards. My father keeps the King's Head public-house in Soho—on the afternoon of 26th January I served the prosecutrix and the prisoner with some beer—they were talking together—I did not pay attention to what they were saying, but as far as I heard they were not in anger—I left the bar for a few minutes, and when I came back I missed the pint pot which the prisoner had been drinking out of—I asked her for it twice—she did not answer the first time, but the last time she took it from under her arm and poured it on the prosecutrix's face—I gave the pot with some liquid remaining in it to the constable.
Prisoner. Q. You served me with a pint of half-and-half? A. Yes; and two half-quarterns of gin—I did not see it drunk—the prosecutrix did not stir from the place till you threw the vitriol over her—she did not lay hold of your hand with the vitriol in it—she sat still, and you poured it in her face—I saw it.
JOHN HAYNE Policeman, E 89). I took the prisoner into custody—I told her I should take her into custody—she said, "All right, policeman: I have done it; I won't run away"—I received this pint pot from the counter in the presence of the last witness—I also got this bottle from the counter—there is a small quantity of liquid in both of them, I believe of the same kind.
WILLIAM HOWELL RIX . I am house-surgeon at the Middlesex Hospital—I saw Mrs. Allen on 26th January—she was in a very weak and feeble state—she seemed to be suffering a great deal of pain—her clothes were very much burnt with some strong liquid, which had turned the black stuff of her dress red—the eye and the left side of the face was whitened and hard, apparently from the same liquid, and the loft arm was streaked—they were such injuries as might have been produced by oil of vitriol—the liquid in this bottle is the kind of liquid that would produce it—she has entirely lost the Might of her eye—it can never be restored.
Prisoner's Defence. I had no place to go to—I meant to ask him for 5s. to get me a few things to wear—he turned me out of my home—I have no friends or anybody belonging to me in London.
GUILTY .— Eight Years Penal Servitude.
MR. GIFFARD conducted the prosecution.
WILLIAM COLLINS . I was at the White Lion public-house on Saturday night, 22d January, between half-past eight and nine o'clock—I saw Burke there—I saw him strike the prisoner on the nose with his fist, and make his nose bleed—there was a bit of a scuffle between them—I afterwards saw a knife, I believe it was in the prisoner's hand, but I am not quite sure of it—I saw him catch Burke in the side with it, and he was taken away to a surgeon's, and then to the hospital.
Cross-examined by MR. MC DONAL. Q. Was there a crowd of persons there? A. Yes; they were scuffling among each other—There were two or three going to fight—I did not see more knives than one—the prisoner was drank, and Burke also—he wan the worst—I had not seen the prisoner give Burke any provocation before he struck him—there had been a row in the parlour before—I was not present at that.
ADAM WELCH . I was in the White Lion at the time this took place—the first I saw was the prisoner turned out of the parlour in front of the bar—he called for a pot of beer—it was brought to him—a few minutes afterwards, Burke came up to him and said, "You want to fight, don't you? you want to fight my mate; he is too drunk, I will fight you"—and he went up to him and hit him in the head with his fist—the prisoner's mate walked up to him and said, "You sha'n't fight," and pulled the prisoner back—the prisoner then rushed out and struck at Burke—I did not see anything but his fist—he tried to hit him in the head first—he struck at him three times, and the last time he hit him below, near the hip—I went and fetched a constable, and then took Burke to the doctor's, as I found he was bleeding.
Cross-examined. Q. How many persons might be present at this time? A. A good many—there might have been four, or five, or six.
Q. Did not two or three persons use knives? A. I saw no knife at all—if the prisoner did use a knife, I ought to have seen it.
COURT. Q. Did anybody else strike Burke that you saw? A. Nobody but the prisoner.
CHARLES HATTERSLEY . I am cousin of the landlord of the White Lion—I was there the night this took place—I saw Burke strike the prisoner—about three minutes afterwards I saw the prisoner make a sort of lunge at him, and thinking there was going to be a fight, and as Burke was the first offender, I put him outside the door, not knowing that he had been stabbed—I came back to put the prisoner outside, and then heard that Burke was stabbed—I did not see any weapon in the prisoner's hand.
GEORGE HENDRY MACKRELL (Police Inspector, D) I produce two knives, one was found in the prisoner's pocket, and one in the prosecutor's—the prisoner was brought in custody to me about half-past 8 on Saturday, 22nd January—the knife found in his pocket was closed—there were marks of blood on it—they are perceptible now—both the prisoner and prosecutor had been drinking—I could not judge so much of the prosecutor, as he was
then lying down, undergoing some operation in the hospital; but the prisoner was drunk, there is no doubt.
JAMES MORRISON . I am a surgeon—Burke was brought to my surgery on the Saturday night, he had a superficial injury behind the car, of no consequence—I found a vast amount of hemorrhage from the muscle of the hip—a knife of the character of either of these would inflict the injury I saw—I think the injury behind the ear was caused by a sharp instrument—he was taken to the hospital.
Cross-examined by MR. RIBTON. Q. Was the wound on the hip a superficial wound? A. A deep seated wound—it was in the fleshy part—the blood was flowing profusely—an artery was injured.
JOHN CRUIKSHANE . I am a surgeon at the hospital to which Burke was brought—I found a deep seated wound on the hip, with the artery divided—it was a very dangerous wound indeed; but for the attention he received, and the stopping of the flow of blood, he would have died from loss of blood.
Cross-examined. Q. The prisoner was drunk too, was he not? A. I do not know—I had a knife—I did not take it out for any purpose—I recollect having it out to cut a cigar on the mantel-piece—I did not see the prisoner have a knife,
Cross-examined. Q. Was he not drunk? A. He was—he was crying as he went to the station.
GUILTY of Unlawfully Wounding.— Confined Four Months.
MR. ORRIDGE conducted the Prosecution.
NICHOLAS LBLEAN HENWOOD . I am a dyer, carrying on business with Mr. Paxman, of 4, Schofield-place west, Brompton—the prisoner was in our employment—he had to drive a cart, deliver goods, solicit orders, collect monies, and pay them over to me in the evening—on Thursday night, 17th March, about half-past 7, I was in the warehouse—I heard the prisoner having an altercation with one of the men, he was threatening—I could not exactly hear what he said—I did not stop, but passed immediately into the shop and waited for him—when he came in, I said, "Come, you are keeping me waiting, deliver in your account"—he made no reply, but scowled at me—he paid in his account, and then said, "I wish to speak to you, Mr. Hen wood"—I observed that he was somewhat excited, and said, "I will not speak to you to-night"—he repeated the question—I still said I would not see him that night, and I said, "if you have anything to say on business, see Mr. Paxman"—he again repeated the question—I said, "My good fellow," or," my dear fellow, I will not see you to-night"—he said, "I will only detain you a few minutes—I am no more a fellow than you are, Mr. Henwood, I was brought up at a boarding-school"—he had often made that remark before, but I had never noticed it—I made a motion with my hand that I would not hear him—my saying "Good fellow" appeared to offend and irritate him—I was at a loss to know what could have irritated him, and I said to the shopwoman who was present, "Did I say anything offensive?"—she reminded me that I had said the words "Good fellow"—
I then said to him, "I did not use the word 'fellow,' offensively; but I hope your conduct may not some day make you a felon"—I took no farther notice of him—I was walking towards the desk, when he came towards me and tired a pistol, saying simultaneously, "I will let you know"—I saw him hold the pistol at me—I fell down with fright; and crawled under the desk—he tried to follow me—there was a bench there—I was standing at the side of it—I examined that bench the next morning, and found a lot of shot holes in the leg of it, I should think twenty or thirty—I was standing two feet or two feet and a half from that angle—the shot travelled in the direction where I was standing, but at an acute angle—there was a poplin dress under the bench—I can't say how near that was to me—I saw that dress next morning, I did not find any shot in it, but the constable did—I was afterwards shown some shot—I did not compare it with the shot in the bench.
Cross-examined by MR. COOER. Q. I believe you have seen this plan (produced) before, have you not? A. Yes, it is correct—this dot represents where I was standing when I fell—the shop-woman did not tell me to get up and run—she did stimulate me up afterwards—it was all the work of seconds—I did not shake myself to see if I had got anything heavy in me—I ran through the shop, because the prisoner wished to approach me, and I did not know what his object might be—what he said, was, "I will let you know"—he said that as the pistol was let off—he had returned on several occasions before in a similar excited state, and I have always made it a point never to speak to him at night, but to call him into the counting-house the next morning and speak to him—he had been with me a year—I had a reference with him—he had, no doubt, had a little to drink—he had been on a journey round Richmond and Wandsworth—I did not know that he had a pistol till I heard the report—I have since heard that he had it to shoot birds with.
EMILY PYM . I am in the prosecutor's employment—I saw the prisoner on that evening about ten minutes before he spoke to Mr. Henwood—he was talking to me, and he held a pistol up in my face, and said, "You see this, if any one insulted me I would as soon shoot them as I would a sparrow"—he said he had been insulted—he did not say by whom—I heard what took place between Mr. Henwood and the prisoner—I heard the remark made, "My good fellow"—I noticed that it excited the prisoner, and he said to Mr. Hen wood, "I am no more a fellow than you are, I am quite, as respectable as you are"—Mr. Henwood asked me if I had heard him say anything offensive—I said, "No"—he said, he did not use the term "Good fellow" offensively—the prisoner requested to see Mr. Henwood alone—Mr. Henwood refused—he asked him several times and he refused, and told him if he had anything to communicate upon business he was to see Mr. Paxman—they then both went round to the back counter—Mr. Henwood gradually withdrew from the prisoner, the prisoner moved towards him and said something, but I don't exactly recollect what, and at the same time he let the pistol off—I did not see the direction in which the pistol was pointed—there is a bench in the warehouse—Mr. Henwood was near that bench, about a foot from it—there was a dress under the bench—Mr. Henwood fell down and crawled away—he ran through the press room into the warehouse—the prisoner followed him—a policeman was called, and he was given into custody.
Cross-examined. Q. When he first came in he had a whip in his hand, had he not? A. Yes, he began to touch up the bonnets with it, I told him
it would spoil them, and he stopped—I don't know where his hands were at the time—I did not take notice—that was the first time I was ever so near a pistol when it was fired—I told Mr. Henwood to get up and run—the dress lay quite at the corner of the bench—there were some shot holes found in it in the morning—it lay quite close to the ground—I said, soon after this occurred, that it appeared as though he was taking the pistol out of his pocket, and it went off, it appeared as though he was taking it from his right side—that is my impression now.
MR. ORRIDGE. Q. Do you mean that as soon as he took it from his pocket he fired it A. I saw him take it from somewhere by his side, and then he fired it.
COURT. Q. Do you mean that you could not tell whether it went off by accident, or whether he intended to make it go off? A. No—the dress that I have spoken of, was about half-way between the prisoner and Mr. Henwood.
THOMAS ROSKILLY (Policeman, F 77). I was called to the prosecutor's premises, and took the prisoner into custody—he said, "I have put up with a good many insults from Mr. Henwood, and have been badly treated by him; but I yesterday had the pistol for the purpose of shooting off in my garden to frighten thieves, having had some linen stolen from there"—he afterwards said, that he had some powder and shot in the cart—I took possession of it—it corresponded with the shot found in the leg of the bench in the shop—I hare the pistol here—I examined the bench and the dress the next morning, and found some shot in them, which I produce—they correspond with those taken from the cart—they are No. 8 size.
MR. GIFFARD conducted the Prosecution.
SARAH KICKS . I live at 2, Jamaica-place, Limehouse—the deceased, George Washer was my brother—I saw him last on Sunday, 20th February—he left me about a quarter to 12—he was then very well in health—I never knew him to have an illness in my life—I saw him dead on Sunday evening about 6 in Mrs. Maynard's room.
ELIZABETH MAYNARD . I knew the deceased, George Washer—he came to my house on Sunday, 20th February—he was very tipsy—the prisoner lived in the next room—the deceased had some words with the prisoner's husband—he said that he could go with the prisoner whenever he thought proper—the prisoner heard that—there was then a scuffle between her husband and the deceased, and I saw the prisoner strike the deceased on the left side of the head—I can't say what it was with—it was with something that she had in her hand—the deceased got up on to his feet as well as he could, and reeled round and round, and fell again—I then fainted away.
Prisoner. Q. After the row occurred at our place, did not you drag Washer into your room, and tell him to pay you the money he owed you for sleeping with you overnight? A. No, he hardly ever gave me any money—I did not ask him for any—I did not fasten my door—I did not afterwards come and call you, and say "For God's sake, Susan, come in, for he has fallen down in a fit"—I did not take any money out of his pocket, and ask you to go for some gin—you pulled some oranges out of his pocket as he laid on the floor—you have several times threatened his life, and a little time ago you stabbed him with a fork.
COURT. Q. Was he personally intimate with you? A. Yes—he used to come to me on Saturday, and stay till Sunday or Monday morning—I could not see what it was she struck him with—I was lying on the bed—she had it in her right hand, and struck him on the left part of the head, at the back—her husband had a struggle with him, but I saw no blow struck by him.
ELIZABETH WELLS . I occupied the front room next to Mrs. Maynard's, at No. 11, Three Colt-street—I heard the deceased in her room, and heard him say, "Oh, Jem, we was friendly"—I could not catch all he said—I did not pay any attention to it, they quarrelled so often—after the man was dead, I was called down by the prisoner—I did not hear any thing said about the blow—it was two o'clock in the afternoon when he fell down—he was very tipsy—I don't know whether any one struck him—he fell and hit his head against a stool—Mrs. Maynard called me in to assist in lifting him up—that was, two hours before—the prisoner was then asleep in her own room.
FREDERICK JOHN ROBINSON . I am a Fellow of the College of Surgeons—I examined the body of the deceased—I found two external marks of injury, one on the upper and outer portion of the forehead, and the other at the back part of the head, towards the left side—the first was a lacerated wound, and the other a contused wound, that was the graver one of the two—a violent blow would have done it, or a fall on the corner of a stool—I afterwards opened the head—there were no extraordinary morbid appearances—there were no appearances in the brain that would account for death—I afterwards examined the heart—it was very much enlarged—the cause of death was concussion of the brain, the sudden suspension of nervous influence—there was a large quantity of clotted blood in the chambers of the heart, which would show that death was of a sudden nature—the heart being so much enlarged, it would be more susceptible of the exhaustion of vital influence, but without the diseased heart I was able to account for the death.
COURT. Q. Can you say that a fall two hours before could not have been the cause of a concussion, terminating fatally two hours after? A. I can readily imagine that a blow two hours before would predispose him to the consequences of a lesser fall two hours afterwards, but that he died suddenly I am quite sure—concussion leaves no trace—drunkenness would materially predispose to Concussion.
NOT GUILTY .
NEW COURT.—Wednesday, April 6, 1852.
PRESENT—MR. ALD. SALOMONS, M.P.; MR. RECORDER; and Sir HENRY MUGGERIDGE, Knt. Ald.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY.— Judgment Respited.
411. AMBROSE HAYNES was indicted with JOHN GIBSON BENNETT, WILLIAM ALFRED BENNETT , and HENRY LEE BENNETT , not in custody, for a conspiracy to obtain money—Second Count, Unlawfully obtaining 2l. 2s. of Mary Roach by false pretences.
MESSRS. T. ATKINSON and ORRIDGE conducted the Prosecution.
CLAUDE EDWARDS . I live at 28, North-street, Limehouse—I was in the employ of Messrs. Bennett Brothers, of 32, Spring-gardens—they carried on the business of aurists—I know the defendant Haynes—I have seen him frequently at 32, Spring-gardens—I think I saw him seven days after I went there—I was assistant to compound the medicine, and give it to the patients—I know the composition of the medicine perfectly well—there were five compositions, ear-drops, embrocation, injection, fumigation, and tincture—this bottle contains the embrocation, and this is the injection—this is urine—they are all the same, differently coloured—the fumigation has no oil in it—the others have oil—this one is train oil, what they call cabbage oil and urine—this red mixture is a solution of cochineal and urine—the urine extracts the colour from the cochineal—this one is drops for the ear—two or three of these went together, and they were charged from a shilling to 2l. 3l. or 4l. it depended on the patients—we had a great many patients—I should imagine twenty or thirty in a day—I kept the books, and made entries—I have not the books with me—the profit was at least 2,000l. a year for each of the two brothers Bennett—the defendant Haynes had two sons there—Henry, the younger, was there as clerk, and Charles Haynes used to write letters—the defendant saw patients occasionally as Dr. Watters—this (looking at it) is one of the circulars—there was a person named Watters—he was there very seldom—John Gibson Bennett, and William Alfred Bennett, and the prisoner, each Appeared as Dr. Watters—I remember a Mrs. Roach, who came from Brompton, and who had been under treatment—John Gibson Bennett recognised her as having seen her as Dr. Colston, and he asked this defendant to see her—he went in the consulting room, and saw her—the room was very nicely furnished: it was all gold and crimson—he was there with her, and prescribed for her—I was standing outside the room—there is a hole in the door that you can see the patients through—I looked through—the defendant said to me, "You must give her what you can; you know what to give her"—I gave her one of these bottles of drops and embrocation, and a small box, for which she paid two guineas to Mr. Haynes—the box contained sawdust—Mrs. Roach came again, but I was not there—I remember the defendant officiating on several occasions, but I don't remember the names—the books were taken away—there was a great deal of letter writing, Mr. Haynes' two sons were constantly employed—the letters were seen by the defendant, and corrected and amended—the defendant acted as legal adviser to the firm—he is a solicitor—I was present when some placards were prepared—Mr. Haynes assisted in the composition of them—men carried them about—I know this placard (produced)—Mr. Haynes prepared it, and had it printed—the proofs were sent to him—(This was offering a reward of 50l. to anyone who could give information of any persons who had circulated libels against John Gibson Bennett and other)—there were reflectors outside the house, against the parlour door and windows, so that you could see any person coming either way—it was to see if they could recognise persons whom they had seen before—they were used in that way—I was in the house when a summons was issued against them, and they had made their escape—after that I saw the defendant—he came several times afterwards—I think he came the next day—I saw him—he came after the summons from the County Court—he said, "What patients have you had this morning? what letters have you had?"—he read the letters, and wrote off to Mr. Bennett—there was money and post-office orders—they were opened and handed to Henry Bennett, who
was there—I believe be took some of these away oil one occasion—very few patients came after that—it was nearly all by correspondence—these circulars were sent when letters were received—in writing letters we used paper printed with a margin—these were sent to the town papers—Daniel Brandon, in Tavistock-street, used to send advertisements to the country without paying them—the persons in the country, thinking it was a respectable person, inserted them without money.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Can you tell me who is the prosecutor of this case? A. I don't know; I have heard Mr. Thomas Stowell is—I believe he is clerk to a solicitor—I don't know anything of him—I believe there is a person here from whom Mr. Haynes got money: Mrs. Roach, I believe she is here—I was before the Magistrate against Mr. Haynes—I told the truth as I have to-day—I told the Magistrate that Mr. Haynes had seen patients—no charge was made against him by me—there were servants to open the door—there was William and some other name—there were two persons—they constantly assisted to make the drops—the whole of us assisted—as servants we were bound to do it—I did not think it was honest, I thought it was great roguery—I advised John Gibson Bennett against it many times—I went on with it for two years, because John Gibson Bennett repeatedly said he would establish Dr. Watters in legitimate practice, and we were to have a share—I continued acting like a rogue for two years, in hopes of going honestly at last—I was subpoenaed to come here; Mr. Stowell came and subpoenaed me—I can't recollect whether I met him anywhere afterwards—I was subpoenaed on Saturday—I had seen Mr. Stowell six weeks ago—I knew him before he brought the subpoena—we did not arrange this matter together—the first time I saw him, he came to Spring-gardens about his daughter's deafness—he did not bring his daughter with him, he merely came to see the tricks that were going on—he did not tell me so; I heard so—I did not see him frequently after that—we might have met twice a week, and my fellow-assistant, and I believe Mr. Lewis—I don't know whether he is here or whether he was before the Grand Jury—I and Mr. Lewis, Mr. Stowell, and my comrade, have been in the habit of meeting—I don't remember meeting at any public-house—I never saw Mr. Lewis till six weeks ago—I have not had any conversation about him—I was given to understand that Mr. Bowen May and Mr. Stowell were to carry on this prosecution—I don't know whether there is any attorney here.
Q. Do you mean to represent to the jury that the only matter you had to do was to make these mixtures? A. I have seen patients as Dr. Watters' assistant—I was his assistant—I have administered this lotion repeatedly, and have sent steam into the ear frequently; a great quantity—before I went into this, I was a medical student—I served my time with two surgeons; Dr. Smith, and Messrs. Leach and another—I have visited persons at their houses—I have taken the stuffs and applied them—I have seen patients—two friends of Mr. Haynes from Wandsworth came, and he said "Oh dear me, who would have thought to see you!" and I was to personate Dr. Watters—I would not swear that I have not done that 100 times—that was to the patients—the patients did not ask me if I was Dr. Watters, they supposed I was—I won't swear that I have not personated him 100 times—this was the plan, a patient came in, "Are you Dr. Watters?" I said, "Be seated," and they supposed I was Dr. Watters—I have cured two or three patients when I have been acting as Dr. Watters' assistant—the Bennetts had a house at Twickenham, were living in very good style, and kept their carriage—Mr. Haynes is a solicitor, practising at
Wandsworth—his young son is about twelve or thirteen, a very clever little boy—his other son, is nineteen or twenty—there were actions brought against the Bennetts from time to time, to which Mr. Haynes appeared as attorney—when the charge was made about this conspiracy, Mr. Haynes appeared as their attorney—I have known Dr. Watters a number of years—I have worked with him before—Mr. Haynes has been on intimate terms with the Bennetts—Mr. Watters never spoke—I don't know that Mr. Watters ever saw a patient—Bennett has seen patients as Dr. Watters—Dr. Watters received a sum of money for his good name, and he attended syphilis patients—I have not attended those patients 100 times as Dr. Watters, the Suffolk doctor—Dr. Watters did not attend any patients in Spring-gardens—I never was with him in King-street, Covent-garden, nor in Red Lion-street—I was with him in Spur-street, Leicester-square—he was a surgeon in general practice—he did not call himself by any other name in Spur-street—I won't swear he has not called himself by another name at some place—I have not been his assistant in another name—I don't remember that I have been his assistant while he was passing by another name—the last two years I have been with the Bennetts—I do not remember that within the last three years I have been assistant to Dr. Watters in another name—I should not imagine that it may have happened, and I forgotten it—I have never been with him in a false name—I do not remember that I have known him to pass by another name; I will not swear it—I never knew him by the name of Gurney—I might have been assistant to Dr. Watters when he has been passing by another name, but I don't remember that I have done so—my name is Claude Edwards—I have gone by the name of Butler—that is perhaps two years ago, at the time I went to Spring-gardens—it was agreed that letters should be addressed there to Mr. Butler, from patients, in order that the names should not clash—I do not know why they should not have been in the name of Edwards as well as Butler, I cannot give any reason—it was my own suggestion, I did not wish my own name to be brought forward—I believe I have never gone by any other name than Edwards and Butler; I will not swear it: I do not believe I hare.
MR. OURIDOE. Q. Is Mr. Stowell clerk to Mr. Godden, in Old Kent-road? A. Yes; the defendants were before the Magistrate, and Mr. Haynes appeared for them—Mr. Haynes lives at Wandsworth—two ladies came to Spring-gardens, and Mr. Haynes was within—the ladies were shown to him, and he immediately recognised them—I went up to them—he went away with them—they said they expected to see Dr. Watters.
WILLIAM ALLEM . I was in the employ of the Messrs. Bennett—I went there in November, 1857—the last witness was there when I went; but prior to being at 32, Spring-gardens. I was with William Alfred Bennett in Leicester-place—I remained at Spring-gardens till the establishment was broken up—from long practice, and being at Leicester-place, I was enabled to see patients almost as well as Mr. Bennett—I know Mr. Haynes—I have seen him at Spring-gardens frequently—I have seen him act as Dr. Watters—I believe he was John Gibson Bennett's attorney; and he has seen patients as Dr. Watters—once, about the middle of December, 1857, a lady called; and the door being opened, she was shown to me—she said, "Mr. Colson's assistant?"—I said, "Yes, I was formerly"—she said, "Can I see Dr. Watters?"—I said, "Yes; have the kindness to step up stairs; he will be shown to you"—I communicated to Mr. Bennett that the lady was waiting, and Mr. Haynes was with Mr. Bennett—John Gibson Bennett said, "Then you cannot see this woman?"—I said, "No"—"Neither can I," said he; and the question was put to Mr. Haynes, "Will you oblige me, my dear
fellow? go and see this woman, as Dr. Watters; it won't take you a moment;" and he went, and requested her to call in half-an-hour—she came, and went to Mr. Haynes in the room; Mr. Haynes touched the bell, and a box was taken up to Mr. Haynes, and he took two guineas of her for it—I frequently helped to make those medicines—Mr. Haynes was there on one or two other occasions; but I cannot recollect it so well as this, that two ladies came, and they were shown to the room where he was; and they said, "Dear, bless me, Mr. Haynes, are you here?" he said, "I am here in my official capacity, as attorney to Mr. Watters"—they said, "I thought he was here"—he said, "No, he is out; I am waiting for him;" and they went away—when any new advertisement was prepared by Bennett, it was shown to Mr. Haynes, and he corrected it—this (looking at it) was one of the placards which was seen by Mr. Haynes—after the Bennetts were broken up, Mr. Haynes came there every day, or nearly every day—he inquired as to the contents of letters—he would open the letter-box, and open the letters—if any money came for John Gibson Bennett, he took it—he had two sons—one was employed on the premises only to write letters—this (looking at it) is the writing of Charles Haynes, the eldest son—a sort of stereotype letters were sent in every case, stating that the case was perfectly curable, and the amount would be so and so; and after a month, or two months, they were looked over, and to the remainder of the parties who had not sent the money, they addressed one of these letters.
Cross-examined. Q. Where have you been? A. While I was outside the Court I went across the road, to have part of a pint of stout with Mr. Stowell and another person—I went over alone, and found them there—I was merely asked to drink with Mr. Stowell, I had no conversation with him—I think he was writing—there was nothing said about when I was to be called—that was the only time that Mr. Stowell had spoken to me while I was outside—I have never gone by any other name.
NOT GUILTY .
PLEADED GUILTY .
Fined 50l. and to be Imprisoned till the Fine be paid.
PLEADED GUILTY **.— Three Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
WALTER HOLMES (Policeman, L 50). On 19th March, between three and four o'clock, I saw the two prisoners together in Lincoln's Inn Fields—they were loitering about a carriage—I knew them before, and I followed them into Fleet-street—when there, Francis McGavin went into several houses, and came out—and then John McGavin and his father had some conversation—at last, I saw Francis McGavin go into Mr. Edmeades' shop—John McGavin was looking in at the window, and the father was on the opposite side, watching—Francis was in the shop Borne minutes, and then an omnibus paused—I then saw Francis with this concertina in his hand—John was a few yards below—he went to him, and took the concertina from him,
and they both ran down Friar-street—I ran, and overtook John, and took this concertina from him—the father I have not been able to apprehend—I took the two prisoners.
WILLIAM EDMEADES . I am a piano-forte maker, in Fleet-street—this concertina is mine—I saw it safe on the morning of 19th March, in the back part of the warehouse—it is worth twelve guineas—between three and four o'clock, I was upstairs, and when I came down, Sherry, my errand boy (See page 601), had left—I had left him in possession while I went upstairs—this knife is mine, it was on my desk.
John McGavin's Defence. At half-past two o'clock, I left home with my father and brother—on going through Lincoln's Inn Fields, my brother went to a carriage—he was selling pens and pen-holders—he told me to meet him at Blackfriars-bridge, at three o'clock—I went, and he was not there—I went on, and my brother had got this box—the officer ran and took me, and my brother dropped this box—I took it up, and gave it to the officer—I did not have it in my possession at all.
He was also charged with having been before convicted.
JAMES FRYER . I produce a certificate of the prisoner's conviction (Read: "Westminster Sessions, November, 1853; John McGavin, Convicted of stealing a purse and 5s. Sentenced to Four Years' Penal Servitude")—the prisoner is the person—I have known him nine years.
GUILTY.**— Four Years' Penal Servitude.
WILLIAM CROSS . I am a house-agent, in Pratt-street, Camden-town—on 2d March, about twelve o'clock at night, I was in High-street, Camden-town—I went into a public-house and had twopennyworth of gin and water—the only persons in the house were the prisoner and two other women—the prisoner came and spoke to me, and she followed me out, and when I got a few yards, she came close to me, and put her hand in my pocket and took my money—I seized her hand, and with her other hand she struck me forcibly on the nose—I had fifteen shillings in my pocket—it was safe when I came out of the public-house—the policeman picked up three shillings, but other people got round, and I suppose they picked up the rest.
Cross-examined by MR. GENT. Q. Did you speak to the prisoner in the public-house? A. Yes; she came close to me, and asked me to treat her—I told her to get away—I stated at the police-court about her speaking to me in the public-house—she went out after me, and followed me about forty yards from the public-house—she was walking by my side—I told her to go away; I did not want her—she got hold of my arm—I did not go anywhere—I kept pushing her away—I found her hand in my pocket—that was in High-street, Camden-town—there was another girl with her—I did not walk with the prisoner—when she took my arm, I stopped—the public-house that I went to was the Black Cap, in Camden-town—when the prisoner followed me, I was on my way home—I was within a hundred yards of my door when the robbery was committed—it was in High-street, near Warren-street, just by the butcher's shop—I had only twopennyworth of gin and water at the public-house—that was at the bar—the women were several yards from me—the prisoner came and asked me to treat her, and I ordered her to go away—I did not treat her; I said, "Go away"—I have treated women, but not women of her character—they have spoken to me,
but I have always ordered them off—I do not know that I have been followed forty yards, all the time protesting against it and ordering the person off—not to my knowledge—I may have been followed fifty yards—if she had put her hand in my other pocket, I had five sovereigns there; but she put her hand in my left trowsers pocket—I had the same coat on that I have now—I do not know whether it was buttoned—I did not feel her hand in my pocket before I pushed her—I caught hold of her hand before she drew the money out—I had fifteen shillings—there was a crown-piece—two half-crowns, and five shillings—it was loose in my pocket—I stated before the Magistrate that I caught her hand in my pocket—when I went to the police-station, I made a charge of the prisoner striking me—my nose was bleeding—I did not, to my knowledge, after I went out, speak to a policeman, and then return and add to my former statement the charge of assault, and state that she struck me—at the station I stated what I have to-day; nothing more nor less—I believe I did not return to the station and add to my former charge that of striking me—I would not say what I don't know—it might have been—I had been out that night on business with Mr. Hook, a butcher—I did not get to him till ten o'clock at night—I had some conversation with him about some carpentering and some other business—I stopped till twelve o'clock—I saw him at his own house—I had not been to the theatre, certainly not—I afterwards went to the Black Cap, and had the gin and water—I did not see the prisoner till I called for the gin and water—I did not see her when I went in—the prisoner and two others were standing at the corner—the prisoner made her advances to me, and asked me to give her beer—that was at the Black Cap—I got three shillings of my money—I held her hand with my two hands, and with her other hand she violently assaulted me, and her paramour had her hand in my hair—I called for the police.
MR. DOYLE. Q. When you went out of the public house, did you speak to the prisoner till she took hold of your arm? A. No; I told her to be off; and that was all I said after leaving the public-house.
WILLIAM BAKER . I live at 2, Seymour-place, Camden-town, and am a green-grocer—on the night of 2d March I had been to the theatre with my wife, and was returning home about half-past twelve—I was in High-street, Camden-town, and, just beyond Warren-street, I saw the prisoner, and the prosecutor was shoving her away—he said, "Get away from me; I want nothing to do with you"—I immediately heard him say, "you have got my money; I shall charge a policeman with you"—another woman caught hold of him, and the prisoner struck him in the face—the other woman ran away—the policeman came over the road, and I saw the prisoner chuck money out of her hand—the policeman took hold of both the prisoner and the prosecutor—my wife said, "It is the woman!" and the prisoner then struck her in the face—she had struck the prosecutor before.
Cross-examined. Q. Have you given evidence before on this matter? A. No—Seymour-place is the best part of a quarter of a mile from Pratt-Street—I was not asked that evening to give any evidence—the policeman asked me to hold this woman, which I did till he got another policeman—the policeman found me out—he came to my place—when this took place I was about four shops off—the prisoner had hold of the prosecutor's arm—I did not hear any cry before that—I cried "Police!" after I saw the prisoner strike the prosecutor—I had before that seen her have hold of his arm, and he was shoving her away—it was not half a minute afterwards before I saw money thrown away—I think the policeman was directly opposite—I do not
think there were any persons round when this money was thrown away; only me and my wife, and my daughter, and two females—one of them was with the prisoner—I do not suppose I had been there so long as five minutes when the money dropped—he said, "Get away, you have robbed me"—he had hold of her hand—there were four or five persons gathered round at the time the money was picked up.
EMMA BAKER . I am the wife of the last witness—I was returning with him from the theatre about half-past twelve o'clock on the night of 2nd March—I saw the prisoner had hold of the prosecutor's arm—I heard him say, "Go away; I have nothing to say to you, "and immediately I heard him say, "You have robbed me; I will hold you till a policeman comes"—the prisoner immediately threw some money away, which sounded like silver on the pavement—she said to him, "If you lock me up, you shall lock me up for something," and immediately she struck him a severe blow in the face—the policeman then came and took them both—I said, "The gentleman has not done anything"—the prisoner then struck me in the face.
Cross-examined. Q. Had she got hold of the prosecutor's arm? A. Yes; and was pulling him—I first saw them about four or five doors from Warren-street—I, and my daughter, and two young ladies were coming from the theatre—there was another woman who pulled the prosecutor's hair—I did not hear any cry before I went up—I have not been examined before—the constable came to my place, but I could not get away till it was too late—I was subpoenaed here on Saturday.
CHARLES TAYLOR (Policeman, S 349). I was standing on the opposite side—I saw the prosecutor, the prisoner, and another female—the prisoner had hold of the prosecutor's arm, and I heard him say, "Get away; I want nothing to do with you"—immediately I heard him say, "You have robbed me, you have got my money in your hand"—I ran across the road, and the prisoner was given into my custody—I picked up three shillings.
Cross-examined. Q. Did you hear a cry of police? A. Yes, and I ran across the road—I went with them to the station to make the charge—the prosecutor mentioned about the assault in the first instance—I told him afterwards he had better go and sign for the assault, which he had not—there were six or seven persons there when I went over, and in a minute or two there were a great many more—the prisoner was so violent I could not pick more money up.
GUILTY .*— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
JOHN CLARKE BUCKENHAM . I live in Baker-street, Portman-square—on the night of 19th January my premises were broken open—my attention was called to it soon after 7 o'clock the next morning—I missed eighteen handkerchiefs, shirts, collars, and other articles, worth about 200l.—there is a stable at the back of my premises—the fan-light of the stable was open, and they got from that to my lead flat—they forced open my skylight, and took a ladder which I had there to get into my shop—I have seen this collar and this one handkerchief since—it is one which I lost; here are two small holes in it—I had articles of this description in my shop—I missed handkerchiefs like this—this one is hemmed with tailor's
twist—here is some of the same twist with which it is hemmed—this is not used in any other establishment in London, most certainly not—we should not have had it, if we had not had a Paris tunic to make—and we had five handkerchiefs to hem, and this one was hemmed in this way.
MATILDA CAMP . I am in the prosecutor's employ—I hemmed this handkerchief—I know it by what it is hemmed with, it is called twist—I have the charge of that department—there were eighteen handkerchiefs in the box—there were some of the same kind as this, but this was the only one that was hemmed in this way.
Cross-examined by MR. SLEIGH. Q. Have you never hemmed any handkerchiefs with tailor's twist? A. Never but this—tailor's twist is all silk, but it is not sold in skeins—it is sold by the yard.
Cross-examined by MR. LAWHENCE. Q. Have you worked many years for this gentleman? A. Yes; I have made many dozen of collars for him.
JAKES PEACOCK . I am a coachman, and live in New-street Mews—I know the prosecutor's premises—my master's stable is at the back of them—I know the prisoner Darby—I saw him two or three nights before the robbery, at the corner of the mews—I saw him there three times between 8 and 10 o'clock—I saw him on the night of the robbery, at the corner of the mews—there was some other man with him.
Cross-examined by MR. SLEIGH. Q. Do you know where Darby lives? A. No, I have seen him three times in that neighbourhood—I knew nothing about the robbery till the next morning—I went to the police-court, but was too late.
THOMAS POTTER (Policeman, A 348). I was at the prosecutor's premises on 20th January—an entrance had been made by forcing the skylight—they got on the wall, and from that to the leads of the prosecutor's shop, and into the shop—I found there this screw-driver made out of an old file.
WILLIAM HOUSE (Policeman, A 351). On 25th February, I went to a house in Warner-street, and found Darby and his wife—they lodge there in the back—we knocked at the door first, and in a few minutes Darby opened the door—his shirt sleeves were tucked up and his hands and arms were covered with soot—I asked him if he had any watches, or rings, or jewellery, in his possession—he said, "No"—my brother officer searched the chimney and found this silk handkerchief—Darby said it was his—I went to Thompson's lodging and found this collar—Thompson said he bought it.
NOT GUILTY .
416. JOHN THOMPSON (19), was again indicted for burglariously breaking and entering the dwelling-house of George Stacey, and stealing therein 80 rings, 22 brooches, and other articles, value 140l., his property Second Count, Feloniously receiving the same.
MR. RIBTON conducted the Prosecution.
SARAH STACEY . I am the daughter of George Stacey, a jeweller, of 17, St. Alban's-place, Edgeware-road—on 25th January the house was closed up at night—I retired to bed at a little before 12 o'clock—the stock was then perfectly safe—I was disturbed about half-past 4 o'clock by the slamming of the street door—I went down, found the staircase window open, the street door open, and the shop in perfect confusion—many of the
trays had been taken in the parlour, and a great number of rings and brooches had been taken away.
WILLIAM HOUSE (Policeman, A 351). I went, in consequence of information, to the prisoner's lodging on 25th February—I asked him if he had any rings or pins—he said, "No; no more than my own"—the officer took his Hand and found on it this ring—I found this pin there—I asked him how he came by it—he said it was his own.
GEORGE STACEY . I am the prosecutor—I do not Live on the premises that were robbed—this ring is mine—I made it twenty-nine years ago and never parted with it—here is a private mark "E. R." on the inside—I have not an atom of doubt that it is mine.
Cross-examined by MR. LAWRANCE. Q. Do you keep a large stock? A. Yes; and this was there with other rings—this is a trade mark—the rings that were marked had the same mark—I saw this ring about Christmas last.
SARAH STACEY (re-examined.) This is my father's ring—it is peculiarly made—the Birmingham rings are not so strong as this is—it is rather old fashioned—I saw it the night before the robbery—it was in the window in the tray of rings, which was perfectly safe—I had particularly looked at the tray that this was in—I am sure this was in the tray.
GUILTY on the Second Count. — Confined Eighteen Months.
417. JOHN DARBY and JOHN THOMPSON were again indicted for burglariously breaking and entering the dwelling-house of George James Carter, and stealing therein 47 watches, 30 chains, and other goods, value 400l., his property—Second Count, Feloniously receiving the same.
MR. RIBTON conducted the Prosecution.
GEORGE JAMES CARTER . I carry on business at 31, Park-street, Camden Town—on 18th February I went to bed about 12 o'clock—my place was all secure—the next morning my servant made a communication to me—I came down about seven o'clock—I found the place open, front and back: the doors and windows all open—I missed a vast quantity of watches, chains, bracelets, rings, pencil-cases, and other things—the value of all was about 400l.
WILLIAM HOUSE (Policeman, A 351). On 25th February, I went to Darby's lodging, 30, Warner-street—I knocked at the parlour-door and he opened it—his arms, up to his shoulders, were covered with soot—I asked him if he had any rings or brooches—he said, "No"—I searched his premises, and found in the chimney this gold chain, these earrings, and this gold pin, 2l. in gold, and 4s. 3d. in silver—I asked him how he came by them; he made no answer.
JOHN LODDEN (Policeman, D 207). I went with the last witness to Darby's lodging—I was in the room when the things were found by my brother officer—I found on Darby's wife's fingers three rings, but they do not relate to this charge—I went to Thompson's lodging and found this pin.
Cross-examined by MR. MCDONALD. Q. Did you go to Darby's first? A. Yes; with the last officer—I saw Darby's wife there.
MR. LAWRENCE. Q. Where did you find the pin at Thompson's lodging? A. On the table—I said I believed it was stolen—Thompson did not say anything.
particularly by its being considerably longer than any other chain in my stock; it rested just on the bottom of the window, and therefore it lay in a slanting position—I bought it for old gold and had it repaired by a man whose work I know so well that I am able to swear to it—it was safe on the night of the robbery—I cannot swear to any thing else, but I lost articles like these others, they correspond exactly—I lost a pin like this but it might be bought in any shop—the other pin is more particular—I believe it is mine.
THOMPSON— NOT GUILTY .
DARBY"— GUILTY on the Second Count. He was also charged with having been before convicted, to which he
PLEADED GUILTY. (See next case.)
418. JOHN DARBY was again indicted for burglariously breaking and entering the dwelling-house of George Priest, and stealing 2,000 yards of ribbon, 400 pairs of gloves, 4 shawls, and 7l. in money, his property.
MR. RIBTON conducted the Prosecution.
GEORGE PRIEST . I am a draper, and live at 88, Edgware-road—on 9th January I was the last up—I was up till half-past 1 o'clock in the morning—I came down about 7 o'clock in the morning—one of my assistants came down first, but he is gone to America—when I came down I found the skylight open and thrown right back, and on the floor 250 or 260 blocks on which ribbons are rolled—I lost ribbons, gloves, shawls, and money—the total value was about 210l.—I have seen about three-fourths of the property since—a person was tried here for it in February, and the property was produced, and identified as the property stolen that night, (See page 408.)
HENRY OAKLEY . I am a cabman—in January last I was residing in Devonshire-street, Lisson-grove—on the morning of 11th January I was crossing the rank and heard a call of "Cab!"—I went towards the Yorkshire Stingo, and not seeing any one, I was going to turn back; and just as I was going to turn two persons came out of Lisson-grove and got into my cab—the prisoner was one of them—the other was tried here, and I gave evidence on that occasion—I am sure the prisoner was one—he paid me 3s. for my fare—they had two bundles with them, and I saw a bit of ribbon sticking out of the end of one of them—I drove them to the corner of Keppel-street, Holland-street, in Blackfriars-road—it was there the prisoner paid me; just under the lamp—they went in a house—I saw an old woman look out of a window, and they went in and took the bundles with them—where I first saw the prisoner was about 100 yards from Mr. Priest's premises—mine is a grey horse.
Cross-examined by MR. MCDONALD. Q. Are there houses between where you saw the prisoner and the prosecutor's? A. Yes—this was about twenty minutes past 5 o'clock in the morning—I had been up all night—if there had been persons passing up and down I should have seen them—I was not sleeping at that time—I could not see any one pass towards Mr. Priest's premises before I saw the prisoner—I saw the prisoner and another one—most likely I had something to drink that night—I did not state at the police-office that I did not know the complexion of Darby.
two men, at twenty minutes past 6 o'clock in the morning, take two bundles into No. 3—Ballard was one of them—I saw the prisoner the same morning from 9 to 11 o'clock—I saw him come out of the house with Harragan—I spoke to Harragan in the prisoner's presence—I had not seen the prisoner go in that house before, to my recollection—I do not know whether Ballard lived there—I have seen him there.
Cross-examined. Q. Was this at 6 o'clock in the morning? A. Yes—I did not notice the prisoner then—I noticed him from 9 to 11 o'clock.
ROBERT DOBLE (Policeman, D 33). I went to the house 3, Keppel-street, Blackfriars-road, on the morning of 12th January—an old lady opened the door—I found Harragan there, who has been tried—I found in the room two bundles, one containing gloves, and the other ribbons—they were under the bed—I took Harragan, and he was tried, and those bundles were given to Mr. Priest—I saw the prisoner on the night of the robbery in the Edgware-road, close by Mr. Priest's premises, with two prostitutes—that was after 11 o'clock.
WILLIAM HOUSE (Policeman, A 351). I went to Keppel-street on 12th January—I found some property in Harragan's room—Harragan was taken away, and the property—the other prisoner, Ballard, came, and shortly afterwards the prisoner came within three or four yards of the door—some woman spoke to him and pointed to the house, and he turned and went back—I knew him before.
ROBERT BELL (Police-sergeant, P 39). I saw the prisoner in Keppel-street on the morning of the 12th January, about half-past 9 o'clock—he was coming towards the house, and observing a mob, he turned back and went towards the Southwark-road.
GUILTY .— Six Years' Penal Servitude.
THIRD COURT.—Wednesday, April 6th, 1859.
PRESENT—MR. BARON CHANNELL; Mr. Ald. MECHI; and Mr. COMMON SERGEANT
Before Mr. Baron Channell and the Seventh Jury.
419. JAMES TOYE (30), WILLIAM SODO (42), ALFRED NEWBERRY (30), EMMA RICHARDS (42), and JAMES BEAUMONT (40) , Burglariously breaking and entering the dwelling-house of James Vavasseur and another, and stealing therein 3,426 neck-handkerchiefs, value 1,100l., and 100 pieces of silk value 100l. their property—Other Counts, For feloniously receiving the same.
MR. BODKIN conducted the Prosecution.
GEORGE BORLASE CHILDS . I am surgeon to the police-force—I have seen Michael Haydon, one of the detective officers, this morning—he is suffering from a severe attack of inflammatory sore throat, and is quite unfit to come here.
Cross-examined by MR. SLEIGH. Q. Is he in such a condition as to be unable to travel? A. Quite—he is unable to leave his bed—he got better, and has had a relapse—it will be a fortnight or more before he can leave his house.
THOMAS WONTNER . I am solicitor for the prosecution, and hold in my hand the deposition of Haydon, the officer—I examined him, and saw him sign it before the Lord Mayor—it was read over to him in the ordinary way—the prisoners had the opportunity of cross-examining him, and they had their legal advisers there—this is the Lord Mayor's signature—(The COURT considered that the deposition was admissible as evidence.)
JOHN CLAYDEN . I am in the prosecutors' employ—their business premises are at 47, Cannon-street, in the parish of St. Augustine, London; the premises run through from Cannon-street to Watling-street—we generally close at 7 in the evening—there are about twenty people engaged on the premises—they leave by the Watling-street entrance, and after they have left, it is my duty to lock up the premises on the Cannon-street side; and I did so on 7th January—a gentleman named Rix, who is in the business, sleeps on the premises, and I laid the keys close to him—there is a staircase on the Cannon-street entrance which communicates with the warehouse, and there is a door at the foot of that staircase which had been out of use for some time, as something had happened to the lock.
ALFRED RIX . I assist in the management of Messrs. Vavaseur's business, and reside on the premises—I recollect Claydon giving me the keys of the doors in Cannon-street on 7th January, and I fastened the other doors in Cannon-street—I slept on the premises that night—on the following morning I came down at half-past 8 and found the bar of the door leading into Cannon-street let down, so as to enable a person to go out—the door was closed, but merely on the latch, and the door at the foot of the stairs, which had not been used for some time, was open—there was a great quantity of dust on the stairs, they not having been used, and in the dust were foot-marks, and also as if some one had been sitting on the stairs and spitting—the look of the door had been almost broken off and the screws were lying on the stairs—a person secreted on the stain would have access to all the premises by breaking another door open afterwards, and which was opened—the lock was picked—it was fastened the night before—that would admit a person into the warehouse where silk goods were kept—I missed a very large quantity of black silk handkerchiefs, worth nearly 1,200l. from that warehouse—they would weigh over two hundred-weight.
FREDERICK RENVOIZE . I live at 47, Rushton-street, Hackney, and am town traveller to Parsons, Fletcher, and another, of Bread-street—I have known Sodo for years as a master weaver—I became acquainted with Toye in January last—about five or six years ago I was under the necessity of applying to the Insolvent Court on my own account, and Sodo was aware of that—I was acquainted with him at the time—on Sunday, 16th January he came to my house and brought Toye with him—he said that he had been looking for me for three or four hours, and had found me at last: he had come concerning his friend Toye, to know if I would give him any advice about his schedule—I had some conversation with him on that subject, and an appointment was made to meet them both at Mr. Callow's public-house in Abbey-street, Bethnal-green—I did so—I met them on, I think, the following Wednesday week—I do not know the date, but I think it was the 2d February, as each time I called, I put the date down on this piece of card (produced) and put it in my pocket—I met them there several times on the subject of Toye's schedule—I gave him some advice, and saw him frequently—he told me he had been to a solicitor, and had concluded the business—on the same day, at Callow's, after the insolvent business had been disposed of, and in Sodo's presence, Toye said that he had got a great
quantity of silk for sale, and asked me to sell it for him, and I might earn 4l. or 5l. a day by so doing—he told me I must not go to any wholesale houses under any consideration: that he knew them all as well as I did, and if I was to take them there I should be stopped, and the goods would be known, as they were part and parcel of the silk robbery in Cannon-street—I said that I would see what I could do with them, but I could not sell without samples—I then made another appointment with them, and he said that he would get them on Sunday, 6th February, and I was to go down on Sunday evening for them—we were together, I should think, a couple of hours, and on leaving them I made a communication to Haydon and Webb, the detective officers, who I first saw at the Hope public-house, Banner-street, and had communications with them from time to time after that—on the following Sunday, between 8 and 9 in the evening, I went to Callow's and said that I had come for the samples—Toye went out, and returned in about twenty minutes, and gave me a parcel of silk—Sodo remained while Toye went—the silk was handkerchiefs: several pieces, but I did not measure them—he called them squares, but they were not separated into handkerchiefs—I looked at them; they were black—when he gave them to me I held them up, that Webb might see them—I was to take them to show them, as a sample to get an order—I wanted to leave the public-house alone, but Toye said, "No, that will not do under these circumstances; you must stick to the lot"—we all three came out together, I carrying the handkerchiefs in a paper parcel—I was aware that Haydon and Webb were in the street at that time—I had arranged with them to make a signal, and when I came out I held the parcel up under a gas light, that they might see it—we all three proceeded to the Rushtell Arms—I left them there and went away with the parcel to show, saying that I would return as soon as I could—I was away about half an hour—I had no communication with the officers—when I returned, Toye was watching about, outside; and Sodo was inside—I said that they were approved of, and would make a purchase on the following day—I then returned the handkerchiefs to Toye, who said that I could have any quantity I liked from 200l. to 300l. at 4s. a yard—I made an appointment to see them on the following evening at half-past 8 at Callow's beer-shop—I went, but I saw the officers first, and made a communication to them—I received 10l. from Haydon, which I took to Callow's—Sodo and Toye were there, and I said that I had come to make a purchase; I could take 5l. or 10l. worth—Toye said, "Very well, go with me," and I went with them both to Toye's house in the Bethnal-green-road—he keeps a bonnet and millinery shop—we all went in—Toye went up stairs and came down with a quantity of silk—I and Sodo remained in the shop till he came back, and I selected a portion, I think it was seventeen yards, for which I paid 3l. 12s. to Toye: that was also made into a paper parcel—just as I was leaving the house Toye turned round to his wife and counted out of his pocket, 13l. in gold; that was including what I had paid him—he gave it to his wife, and put the rest of the silver into his pocket—I said that I would call again next night for another lot—Toye said, "Very well, only do not come too soon—Sodo was present all this time—I went away with Toys and Sodo, and brought away the parcel—I parted with them at the top of they Bethnal-green-road, went to the Baker and Basket, Worship-street, found the officers there, and gave them the parcel of silk—I knew that they were to be there—on the following night, at half-past 8, I went to Callow's again, saw Toye and Sodo, and said that I wanted some more—Toye told me I had better not have it that night, as policemen had been
seen about in all directions, and it was getting very hot, for there had been a reward offered—I was to go down the next evening at the same time—I went, and met them both there—Toye said that it had better be left till to-morrow night, and then I could have as much as I wanted—I went next night to Callow's and found them both there—I said that I had come for a parcel of silk; I wanted about 10l. worth, but was not particular—he said, "Well, come along," and we all three went to Toye's house—when we got there Toye turned round to Sodo and said, "Bill,, you had better go out a bit, till the shop is shut up"—I and Sodo went out, and returned in a quarter of an hour—the house was then shut—we went in, and Toye went up stairs and brought down some silk of the same description—I selected 30 yards, for which I paid him 6l.—Toye said, "Bill, get a pair of scissors, and cut these selvages, as they will be known;" and he told him to take the threads out of the corners—I said, "There is no occasion to keep me any longer; I can do that after I get home"—they were then packed up as they were, in a paper parcel as before—I brought away the remainder unopened, and without the selvages being taken off—we all three came away together, and I parted with them somewhere in Shoreditch, and proceeded to the Baker and Basket, and found Haydon and Webb there, and delivered the parcel to them—I told Toye I should want 50l. worth more silk, if he would make a reduction in price—Sodo was present—Toye said that he had no objection to take off 2d. a yard, but that I must not take away 50l. worth at one time, the parcel would be too big—I went next night to Callow's, and got fifty yards—I do not know where that was got from—he went out and fetched it to me outside Callow's house—Toye had two parcels in his pocket, wrapped in paper, and Sodo had the other in his hand, and gave it to Toye, who proposed going to Sodo's house, in the back kitchen, to wrap it up—Sodo's house is in the street by the side of Callow's—Sodo said, "No, you will not take anything to my place"—Toye said, "Well, we can go round to old Harmer's"—Harmer keeps a beer shop there—we went there—I do not know the name of the street—we saw a young woman there, Harmer's daughter, and Sodo asked her for a newspaper—she gave him a piece of one which was not big enough—she then gave him a whole one—he then asked if he could go up stairs; she said that he could not, as somebody was in bed in the room—while this was being talked about, Mr. Harmer came in—his daughter spoke to him across the counter, and he said, "Yes; you can go up"—Sodo said, "It is of no consequence now"—the three parcels were then given to me, when Toye had wrapped them up in paper—it was said that there were fifty yards—I paid 9l. 11s. 8d., the 2d. a yard being taken off—I left old Harmer's about half-past 9 or 10 o'clock, and went to the Baker and Basket; I found Haydon and Webb there, and delivered the three parcels to them—that was the last dealing I had with them—in the course of conversation Toye said that it was a great bore to get rid of them, as it was a party on the premises who had committed the robbery, and he was in a dreadfully excited state—I am not quite certain whether Sodo was present when Toye told me that but I think not.
MR. SLEIGH, who appeared for Toye, objected to cross-examine first, he not being the senior Counsel, it having been decided in the Royal British Bank case that the senior Counsel should take the precedence. MR. METCALF (for Sodo and Richards,) stated that it had been decided the other way in Rex v. Barber. The COURT. having consulted MR. JUSTICE ERLE, ruled that Counsel should cross-examine in the order in which the prisoners stood upon the Record, unless the Court sees special reasons for the contrary, as in the tote of stealing and receiving, when it might be more convenient that the Counsel for the receiver should postpone his cross-examination. MR. BODKIN stated that the case would shape itself into a charge of receiving against all the prisoners.
Cross-examined by MR. SLEIGH. Q. Had you known Toye a very few days? A. Only about a week—I did not know his name to be Toye—I had seen him about Bethnal-green—I did not know that a robbery had been committed then—I had a conversation with Sodo and Toye about the schedule—I did not know of the robbery until Toye told me at Callow's—there were other persons in the room, but not joining in the conversation—I do not know that they were able to know what was going on—I think I knew one or two of them by name, but do not know that I could tell you their names now; it is three months back, and I could not call them to memory—it was in the middle of the day, and was on a Wednesday in February—I communicated with the police on the following Saturday—I did not see Toye or Sodo between Wednesday and Saturday—I was not aware before the Saturday that there was a reward offered for the apprehension and conviction—I knew it on the Tuesday following the night on which I made the first purchase—it was he who said that there had been a reward offered—he did not say how much, and I never inquired—I did not see it in the paper, and do not know whether it wan 5l. or 100l.—I do not know the amount at this moment—I never had any conversation about it with Haydon—I told the other officers that Toye said there was a reward offered, and that was the reason be would not let me have any that night—he was afraid of my taking them away—he told me that it was stolen property the first time I had any: that it was the produce of a robbery in Cannon-street, and produced it to me—there was no concealment about it at all.
Cross-examined by MR. METCALFE. Q. Have you known Sodo some time? A. Yes; five or six years—when I had a factory I knew him as a master weaver, up to the last time I saw him—I have seen him come out in his working dress since this transaction commenced—I did not know that he had been selling goods on commission for people for a considerable time—he told me that a friend of his wanted to take the benefit of the act and sell some goods, but he did not tell me that that friend was keeping a linen-draper's shop in the Bethnal-green-road—I heard that Toye kept a bonnet shop in the Bethnal-green-road, and he said that he was in difficulties—I did not make out his schedule: it was proposed that I should—I may have seen Toye once or twice before he told me that the silk was the produce of a robbery—I had not been to the shop before that—he did not say at once that he would have nothing to do with it—I was completely staggered to hear him make such a remark—there were other persons in the room, but he did not say it loud—Sodo might have heard it—Sodo after that spoke of the silk on several occasions as coming from Toye's shop, and I understood that he was to have a commission for selling it for Toye—I dealt with Toye, and went to the shop for the silk—I have been a card and fancy paper maker; that is what I bought Abbey-hill, Bethnal-green for, and made it into a factory—it was a failure, and I went through the Court, and I suppose he thought that a reason that I was able to prepare schedules—I took a house in Branch-place, Hoxton, and I lived there for years—I never had a card with Renvoize and Co. on it—my firm was not the company of Renvoize and Co.—I did not deal with Parkins and Gotto of Oxford-street, or get any paper from them, nor of Messrs. Parotti—I did not get paper from all those people, alleging that
I wanted to stain it, and take myself off after it was obtained—I left Branch-place years back—I have lived in Rushton-street six months—before that I lived at Colney-hatch—I did not carry on business there—I now call myself a traveller and manager—I have not done anything in the paper line for years—I have travelled for Parsons, Fletcher, and Co., printing-ink makers, regularly—I have had a regular salary from them for about ten months—it was when I took the Northern Star public-house, five or six years ago, that I went through the Court, and I let that and commenced as a traveller—I know Hitchcock and Co. of St. Paul's Church-yard—I gave them a guarantee for one of the men in their employ—he worked on the premises for some time afterwards—I do not know that he absconded—I have had no inquiry after him—it is three or four years since I gave the guarantee—I know Wesley and Co., book-binders, of Doctors'-commons, perfectly well—I did not give a guarantee to them—I have not sent other people to them—I know Fisher, of Wood-street—I recommended him a man named Eastop, who used to work for me, and gave Mr. Fisher a guarantee—I expect Eastop got some goods for his wife from Fisher—I don't think he absconded directly afterwards, because I have seen him several times—I have been a good deal in Sodo's company by having this factory in Abbey-street—I used to go to the nearest house, which was Callow's, and used to see him there—he did not give a guarantee for 20l., for me to a Guarantee Society: but I did for him, when I was in Abbey-street—I did not receive any money from the friendly society—a person named Baines received it, the man who got my acceptance.
COURT. Q. How much did you pay Toye altogether? A. 3l. 12s., 6l., and 9l. 11s. 8d.
MR. BODKIN. Q. Had Eastop been in your employment when you were in business? A. Yes; he told me his wife was a millliner, and that these goods would be the making of her, and I became answerable—I was never called on to pay for them—it is six years since I was guarantee for Sodo—I got no portion of this money—a person named Baines, a builder, had it—I continued to be intimate with Sodo—everybody spoke of him as a very clever workman, and I would have done anything for him.
JAMES MACAIRE . I keep a beer-shop at 35, Mape-street, Bethnal-green—I have known Sodo by his coming to our place now and then, but very seldom—he came on Saturday, the 15th February, between 10 and 11 o'clock in the morning, and showed me a dozen black handkerchiefs, or pieces to cut into handkerchiefs—he asked me if I would have a dozen—I said, "No," but if it would do him any good I would have a couple of him—he said they would be 5s. each—I said I did not mind, and I paid him for them—he said, would I have the other two, or would I have the rest—I said that I had plenty, but he out me off two more, saying, "I shall take off a shilling"—took four altogether, and paid him 19s. for them—I afterwards gave them to Haydon.
Cross-examined by MR. METCALFE. Q. Did he come several times? A. Not about the handkerchiefs: only once to ask me to buy—he had come there to have a pint of beer, once now and then for three or four years, but I did not know his name—I thought he was a steady sort of man—he had always borne a good character, as far as I know—he did not say that a linendraper, a friend of his, was in difficulties, and asked him to sell some for him—nobody else was in when he was selling them—he made no secret about it, but opened them in the tap-room.
Horse beer-shop, Abbey-street, Bethnal-green—I know Toye and Sodo by their frequenting the house—I have never seen any of the other prisoners with them—I have seen Renvoize with them on four or five occasions recently, about dinner-time, and in the evening—they were in such close conversation that I thought there must be a lady in the case, but Sodo said, "No; Mr. Toye is merely asking Mr. Renvoize about his insolvency."
MARY ANN HARMEK . I am a daughter of Samuel Harmer, who keeps the Blenheim Cottage public-house, at 9, Cheshire-street, Bethnal-green—I knew Sodo by living in the neighbourhood, and knew Renvoize—they have been to the house together—I have seen Toye, Sodo, and Renvoize together more than once—they came and asked if they could have a room up stairs once—I said that it was engaged—I gave one of them a piece of newspaper—it was not large enough, and they went and sat down behind the beer machine—my father came in and asked them if they wanted the room, and they said, "Never mind"—they seemed in private talk.
Cross-examined by MR. OPPENHEIM. Q. Did you see any conversation between Renvoize and Toye? A. Yes; they were talking quietly, whispering—I paid no attention to them.
MR. METCALFE. Have you known Sodo about four years? A. Yes; living in the neighbourhood—he has borne the character of a respectable man, and I always thought he worked very hard.
The deposition of MICHAEL HAYDON was here read as follows:—I am one of the detective officers of the city of London police—I had an interview with the witness Renvoize in the beginning of February, and he gave me some information, which led to my watching Callow's beer-shop—on Sunday, 6th February, I saw the prisoners Toye and Sodo come out of that house between eight and nine o'clock in the evening with Renvoize—Renvoize held up a parcel he had, and they all walked away together, and I followed them as far as Rush ton-street, Hoxton—on the next day, by the direction of Mr. Vavasseur, I gave ton sovereigns to the witness Renvoize, and went that evening to Abbey-street with Webb and another officer, and thence to Toye's house, and between nine and ten o'clock I saw Toye, Sodo, and Renvoize come out of Toye's house—they went along Bethnal-green-road together, and I left them; and the same night Renvoize met me at the Baker and Basket, and handed me a parcel containing twenty squares of silk, which I produce—I saw Renvoize go to Callow's house that night, and he afterwards came to me to the Baker and Basket, but brought nothing with him—the next night I followed Sodo and Renvoize up Abbey-street to Toye's house in Bethnal-green-road, and on leaving it Sodo and Renvoize went towards Abbey-street—the next night (the 10th) Renvoize met me at the Baker and Basket, and handed to me six pieces, containing thirty-three squares of handkerchiefs (produced), some with the selvage cut off—the next day I gave Renvoize 10l. more, and in the evening he brought to me three other parcels (produced), one packed up in a piece of newspaper, the others in brown paper—the three parcels contained nine pieces, or fifty-eight squares, of handkerchiefs—on Saturday, the 12th February, I went with Webb to Sodo's house, and found him there, and told him we were officers, and that from what we had seen, and from communications which, had been made to us, we had reason to believe that he had been dealing with a quantity of silk, the proceeds of a robbery at Messrs. Vavasseur and Taylor's, in Cannon-street—he said, "I know nothing at all about it: I have never had any silk in my possession at all, "and repeated his denial, and expressed wonder and anger at what we were doing—I searched his
place, but found nothing relating to this charge—I searched him, and found in his pocket a ready reckoner, and between pages 84 and 85 I found this piece of paper, on which its written, "Squares 3s. 1d., 58 squares 8l. 8s. 10d., 46 yards 8l. 16s. 4d."—I took him to the station-house, and then went to Toye's house and found him at home—I told him we were officers, and had reason to believe he had been dealing with some silk, the proceeds of a robbery in the city, from Vavasseur and Taylor's, silk manufacturers—he said, "I don't know anything about any silk," and said, "I have never had the ghost of an inch of silk in my possession: in fact, I don't deal in silk," and denied any knowledge whatever about the silk—we searched Toye's house, but did not find anything—I found on him 1l. 5s. 10 1/2 d., and a book—I saw him give his wife three sovereigns, which I afterwards went and obtained—on the 15th of this month, in consequence of a communication I had received from Sodo, I went to Newgate and saw him—he said he had sent for me to say that he was so confused on Saturday last when I spoke to him about the silk, that he had not told the truth then, and wished to do so now; that what Renvoize said was true: that he had some silk, but it belonged to Toye: that Toye had requested him to find a buyer, and had promised him five per cent, commission upon all for which he introduced customers: that he had sold four squares to Mr. Macaire, a beer-shop keeper in Mape-street, for 19s., and that he had gives the money to Toye, who had paid him for that sale and others at the rate of five per cent: that he had no knowledge that anything was wrong, or he should not have had anything to do with it—he said the memorandum in his book referred to the last deal with Renvoize: that the "58 squares" was the number of the squares he had sold to Renvoize. Signed, M. Haydon.
HENRY WEBB (Policeman). These parcels were produced by Haydon when he made that deposition—this is the first quantity; it contains twenty squares, or seventeen yards—each square is a handkerchief—next, there are six pieces, containing thirty-three squares, some of which have the selvage out off—this is a piece where the selvage is not out off—here are some with the threads at the corners apparently removed—that is not a trade mark—this newspaper contains three parcels—here are altogether nine pieces, fifty-eight squares—I also produce four handkerchiefs which I received from Haydon, who produced them at the Mansion-house, having received them from Macaire—I have heard Haydon's deposition read—I was with him—he has correctly represented all that took place, but I was not in Newgate with him—I heard Sodo and Toye deny having silk—I brought Sodo in a cab to the station, and he said that he never had any silk in his possession, except what he worked on for Mr. Wilson, and he could not understand what I meant.
Cross-examined by MR. OPPENHRIM. Q. Were you present at all the interviews that Haydon had? A. Yes, except in Newgate—I was present when Toye's house was searched—I found none of the black silk—I believe his wife is a milliner.
Cross-examined by MR. METCALFE. Q. What reward was offered? A. I think it was 100l.; but I do not know at what date—it was offered by Mr. Vavasseur, some time after the burglary.
Cross-examined by MR. METCALFB. Q. Is there no private mark on them?
A. No; but they are of our own manufacture—we are manufacturers serving retail shops, but not in very large parcels—I could see by the quantity in one parcel that these silks had not been disposed of—we have not sold any quantity—eight or ten people sell for us—there is nothing particular in the make of the silk—we always make the same kind—we had not at that time sold any parcels which would bear the description of these goods—I am speaking of the whole quantity—we manufacture them all the year round—we have looms at work which are constantly making them—I will undertake to say, that these are articles that we have not sold—I will swear that these parcels of fifty squares have not been sold at our establishment—I have not sold them to Toye or Sodo—of course, I cannot say that I have not sold them to anybody—I cannot tell from the appearance of the articles that they might not have been sold by me or some person in the establishment.
MR. BODKIN. A. Look at the piece that has the selvage cut off. A. It has the fag cut off; that is not the selvage, the selvage is the outside edge—there is a thread here, which divides one from another; that is not called the selvage—one has had the thread taken out—we Bell them with the thread between the squares—this one has the fag cut off, but not the selvage—there is a part cut off the outside handkerchief, without which we do not sell them—it has been cut with scissors—we do sell handkerchiefs of this kind so cut.
COURT. Q. If a person bought three handkerchiefs, would you cut off three from the length? A. Yes—the witness who spoke of a selvage might mean no more than the fag being cut—there is nothing that enables me to say from the appearance that they have not been sold—we have not sold any quantity as large as any one quantity produced to-day—only part of them—the selvage may mean the edge, or it may mean the rough edge—I do not know of any other silk manufactory which sustained a loss of goods of the same description at that time—we are the only dealers in goods of this quality—we had taken stock, and were enabled to check our stock—there was no robbery of another silk manufactory about that time—the weavers sometimes cut handkerchiefs in dozens, and sometimes in two dozens—they are not any given length—the appearance at each end of the length would be different to this.
GEORGE LEGO . I am a detective officer of the City—I, and an officer named Knight, were directed to watch Newberry's movements—he lives in James-street, Borough-road, and keeps some trucks—I know Richards; she lives in the same house—on 18th February, I saw Newberry in St. John-street, Clerkenwell, coming through a court or alley which runs from St. John-street to St. John's-lane—I saw him before he got into the alley—he was not carrying anything then; but when he came back, he had this parcel (produced)—he went to Victoria-street and towards Blackfriars-bridge—I followed him: stopped him in Victoria-street; told him I was a policeman, and asked him where he got that parcel from—he said, that a gentleman gave it him—I asked him where he was going with it—he said, "To Regent-street"—I asked," What house?"—he said, that he did not know—Knight came up and asked him what the parcel contained—he said, he did not know—Knight tore the parcel, and saw that it was silk—Knight spoke to him, and took him to the station, but I did not hear all that was said—I took possession of the parcel—it contains several pieces of silk—Knight went with me in a cab to the station, and, in the course of the afternoon, I saw Richardson in St. John-street, with several other persons, nearly opposite
the passage into which Newberry had gone before—I had been watching there for some days before, and had seen Richardson and Newberry in company, but did not interfere with them—I continued to watch Richardson till the 17th, but Newberry was taken. When I first saw Richardson, on the 17th, she was in the Walworth-road with a man—he had nothing in his hand at that time, but afterwards I saw him with another man, I believe, who had this parcel (produced)—I followed them from the Walworth-road—they took a cab just by St. George's Church, in the "Borough, and took the bundle in with them—I followed them in another cab to Finsbury-square, where they discharged the cab, and walked towards Hoxton—I followed them to Beaumont's house, Bridport-place, New North-road, and when they were within one hundred yards of it, the woman took the bundle, and they proceeded to Beaumont's shop, which is haberdashery and hosiery intermixed with silk—it is something like a leaving shop; there are shelves, and goods packed up with tickets on them. The man went in at the shop door, and the female, Richardson, stopped at the private door, and it was opened from the inside, and she went in with the bundle—Knight, who I believe was nearest, followed her in, and I followed him, and found Beaumont behind the door—there is a parlour behind the shop, which you can get into from the private passage—I went in there, and found the woman, the man not in custody, and Beaumont's wife—Knight was also in the parlour when I got in—I found the bundle on the kitchen stairs, tied up as it is now in this shawl—it contains 181 silk handkerchiefs—Richardson called for some water—the man went down to fetch it—I went down stairs with him, and when I returned again, he was gone.
Cross-examined by MR. ATKINSON. Q. Did you see the woman knock at the private door? A. No, I did not see her strike it with her hand—my attention was fixed on her, but I had to turn round and go up some steps, and she might have knocked without my seeing her—it is a single fronted shop in a public street—there are dresses for sale in the window—I did not notice any things in the window with tickets on them—it is like a second-hand clothes shop, or leaving shop, with parcels done up, with the name and amount of money paid on them—there is a counter in the shop—I was not there when a policeman was sent for, I was there when one came. Beaumont certainly did not send for one—on my oath, Beaumont did not go out, nor did he come back with an officer—he said in my presence, that they ought not to have let the other man escape—I told Knight that the other man had escaped, and he said that the man had been there a very short time—Beaumont did not say in my presence, "You ought not to have let the other man escape"—he said, that there was a lodger up stairs named Mack—Mack does not carry on any. business there—he said in my presence, that the man who had come there, came to see Mack, his lodger—there were no silks in Mack's room—we brought a cheat away next day containing trowsers and waistcoats—we waited for Mack till between twelve and one—I went next day to see whether Mack had come home, and took one of his cards—we were there two hours before we took Beaumont in custody—I went down with the man for the water, but left him to come up with it, as I did not know there was a back entrance—I left him there.
Cross-examined by MR. RIBTOK. Q. Show me the bundle you found on Newberry. A. This is it (produced)—it was tied up in this paper with string round it—he was carrying it in his hand, and I followed him and overtook him—I had known where he lives a fortnight previously—I had followed him on several occasions.
MR. BODKIN. Q. I think you said that Beaumont told you, that the man who came in with the woman was a lodger named Mack, who was up stairs? A. Yes, and I went up stairs, and found no Mack there—he first said, that Mack had been waiting for him an hour.
JOSEPH COMBER KNIGHT (City policeman). I was engaged with Legg in endeavouring to trace the persons who were dealing with this property—I was with him on 15th February—I saw Newberry enter an alley from St. John's-lane, and followed him through—he had nothing with him then, but when he returned, he had a bundle—I followed him, and he was stopped in Victoria-street—I said, "What have you got in that parcel?"—he said "I do not know what it is"—I tore it open, and said "I see what it is; it is silk handkerchiefs"—I asked him where he got them—he said, that a gentleman had given thorn to him to carry—Legg asked him where he was going to take it—he said, "To Regent-street"—he asked him what house, and he said, "I do not know"—I said, "I can hold you out no promise; but if you will take me to the person from whom you brought these handkerchiefs, I will represent the case fairly, and it may perhaps be in your favour"—he said, "I shall say nothing more about them"—I sent for a cab, took him to the station, and the charge was booked against him—he was asked by the Inspector, whether he wished to give any explanation, and he said that he should say nothing about them—on 17th February, the next day but one, Legg and I were in Walworth, and saw the female prisoner with a man who was carrying a bundle (we had seen her previously by herself)—they got into a cab, and we followed them to Finsbury-square—they got out, and walked up the New North-road to Beaumont's house—but just previous to their getting there, the female prisoner took the bundle—the man went to the shop, and the woman to the private door, which was opened immediately afterwards—I was on the opposite side of the road—I rushed across, to try to get there before she got in—the door was closed against me, but, as I went with great force, I forced it open—there was somebody behind the door forcing it, who turned out to be Beaumont, though I did not see him—I caught hold of Richards' arm just as she got inside the back parlour, and she directly dropped on the floor, and said, "Oh dear! we are all lagged"—Mr. Beaumont and a man sitting on a chair were in the room—I said to Beaumont, "Is that the man who came in with this woman?"—he said, "Oh dear, no! that man has been here half an hour, or an hour, waiting for our lodger"—I said, "Where is the man that came in with the woman?"—he said that he did not see any man come in with the woman—there is a narrow passage, about six yards long, between the private door and the parlour, and it is about four yards to the parlour door—I did not fasten the door when I went in, I rushed in after Richards, passing the person behind the door; and I saw something go to the cellar stairs, which I took to be the bundle—I cannot undertake to say that anybody got out—after I had put those questions to Beaumont, Mrs. Richards complained of being faint and asked for some water—the man said, he would fetch some, and went down—Legg followed him, but came back to speak to me, and the man got away—I did not take notice of him, and could not identify him if I were to see him—I took the woman and the bundle to the station, and she was charged with receiving the silk handkerchiefs, knowing them to be stolen—Messrs. Vavaseur's name was mentioned, and the charge was read over to her by the inspector on duty, who asked her who she got the goods from, and if she wished to give any explanation—she turned to me and said, "I cannot say anything more about it than what you know; you saw
the man give them to me"—I asked her his name, and she said, at first, that she did Dot know—I said, "You are not bound to state anything to me, but will you tell me the name of the person at that house that you were to take the Bilk handkerchiefs to"—she said, "I do not know the name, I was to take them to the draper's shop"—when I got back, I saw Mr. and Mrs. Beaumont—I said to Beaumont, "The woman says she was to bring the things to your house"—he said, that he never saw the woman before, or the man—I asked him the name of the man who was there when we got in, and who had gone away—he said, that he did not know; he had only just come in, and had not sat down, and his wife said so also—I said, "Why, Mr. Beaumont, you told me that man had been here an hour or an hour and a half, waiting for your lodger"—he said, "Oh no, Sir! he has only just come in"—I searched the house, but found nothing which has reference to this case—I then took him in custody, and told him he was charged with the woman with receiving forty pieces of silk handkerchiefs, knowing them to be stolen from the firm of Messrs. Vavasseur and Co., of Watling-street, and that there probably would, be other charges against him—he said, "You are very candid; I will go"—I saw Legg bring the bundle from the kitchen stairs, but did not see him pick it up, and cannot say who did—here are a hundred and eighty-one handkerchiefs in the second bundle.
Cross-examined by MR. RIBTON. Q. Did Newberry tell you he did not know what was in the parcel 1 A. Yes; it was tied up and rolled in the paper—I do not remember his repeating that he did not know what it contained, or knew nothing about its contents—I will not swear he did not.
Cross-examined by MR. ATKINSON Q. Were you the officer that forced the door? A. Yes—I could not say how far Legg was from me, because I was before him, and was not looking after him—I expect he was about the length of half the street from me by the time he came in—I believe the door had just got on the lock, and before the bolt had finally abut, I forced it open—I saw a person behind the door; it could not have been any other person than Beaumont, because Legg followed in, and Beaumont with him—people afterwards gathered round the house—I laid hold of the woman's arm when she fell—I saw part of the bundle go down the kitchen stairs—there was an officer outside, and I told Beaumont he bad better go to the door, and tell the officer that he had better clear away the people from the house—he went to the door, but I don't think he went out.
COURT. Q. Did you know there was a policeman there A. Yes, in uniform; I saw him pass—we went up stairs and took a chest, and Legg waited till ten or twelve at night—I had some ale with Beaumont and his wife—he gave me an opportunity of searching the house—we had not been inquiring for Mack, but afterwards we did—I have ascertained that he had a lodger, but not whether the name is Mack or not—that is not the name of the person who the trunk belonged to—there was not the name of Mack on the trunk, and there was another name inside.
EDWIN COLMAN (Policeman, M 53). I am frequently stationed in the neighbourhood of the Borough-road—I knew the house where Newberry lived, 4, James-street—I have seen him there many times—Richards lived in the same house—I know Beaumont—I have seen him in Union-street, and in Newington-causeway for years—I know Sodo—I have seen him and Beaumont in company with Newberry—I saw the woman, Richards, stop and speak to them all three, in Little Surrey-street, Blackfriars-road, about a stone's throw from the house, and in sight it; that was about the latter
end of January, and was the last time I saw them—it was after the robbery—I had heard of the robbery.
Cross-examined by MR. ATKINSON. Q. Was it in the day time? A. Yes.
THOMAS MAVETE (Police-sergeant, N). I have known Newberry and Richards six mouths, and Beaumont twelve months—I have seen them together several times, perhaps six or seven times in six months, in the neighbourhood of Shoreditch, and in a public-house in the Kingsland-road—Hoxton is in my division—I heard of this silk robbery—I cannot say whether I have seen them talking together since that.
Cross-examined by MR. ATKINSON. Q. Were you in attendance at the Mansion House? A. Yes, but not on the last examination.
THE COURT considered there was no case for the Jury against BEAUMONT.
— NOT GUILTY
Sodo and Newbury received good characters.
TOYE and SODO.— GUILTY of receiving— Confined Twelve Months.
NEWBERRY— GUILTY of receiving— Confined Nine Months.
RICHARDS.— GUILTY of receiving— Confined Six Months.
The following cases were taken by Mr. Common Sergeant on this day in the Grand Jury Room.
PLEADED GUILTY — confined Nine months.
GUILTY — Confined Fifteen Months.
PLEADED GUILTY — Confined Two Months.
PLEADED GUILTY ;— Six Years' Penal Servitude.
PLEADED GUILTY — Confined One Year.
PLEADED GUILTY .
CLARK— Confined Eighteen Months.
SMITH— Confined Fifteen Months.
GUILTY — Confined Four Months.
NOT GUILTY .
428. ALFRED WILLIAMS (22), JOHN HENRY VANDELNER (22), and JOHN DUGGAN (23) , Burglariously breaking and entering the dwelling-house of Thomas Hawton, and stealing there in 6 pieces of flannel, 3 pieces of fustian, 1 roll of calico, and 2 blankets, Duggan having been before convicted, to which
WILLIAMS PLEADED GUILTY .— Six Years' Penal Servitude.
VANDELNER PLEADED GUILTY .— Confined Nine Months.
DUGGAN.— GUILTY .— Six Years'Penal Servitude.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Thursday, April 7th, 1859.
PRESENT—MR. JUSTICE ERLE, MR. BARON CHANNELL, and Mr. Ald. MECHI, &c.
Before Mr. Baron channel and the Fourth Jury.
MR. ORRIDGE conducted the Prosecution.
EDWARD ALFRED BROOK . I live at 7, Haydon-square, and am a poulterer carrying on business in Leadenhall-market—on Sunday, 20th March, my birthday, between 12 and 1 o'clock, I was returning from my place of business, and as I was in the Minories passing Messrs. Moses & Sons, the great clothiers, on the opposite side I saw three men—I crossed over—they were on the Aldgate church side, just opposite Bachelor's the cheesemonger's—the moon was shining, and the gas was lighted—knowing that there had been a number of robberies in the neighbourhood, I buttoned up my coat, and quickened my pace—I gave them what you may call a grand trot, five miles an hour—I generally go down Haydon-street, which is the first street on the left—when I came to Swan-street I stood by the corner—I could not see the three men then—after I got about thirty yards down Swan-street I looked back to see if I could see anything of them and I did not—when I got about halfway down the street I felt myself tripped up like a stick—I found myself going up in the air, and down I came—I felt some men pressing upon my back before I was tripped up, and then I went up in the air and came down on the pavement on my rump, and then my head, and it sounded like an
old, empty tea-chest—I felt a man throttling me, and one on my right breast, and another on my left, attempting to rifle my pockets—I had on my pilot coat, with the collar up to cover my cheeks—the prisoner took hold of me by the throat—they did not unbutton my coat, they attempted to do so, but I gave them the benefit of my "double fives"—the witness Mr. Walters came up from the other end of the street to my assistance, after I had had a struggle with them, he assisted me up—the other two men made off as soon as Mr. Walters had assisted me up—I told him that these men had attempted to garrotte and rob me—the prisoner moved off some distance—I and Mr. Walters followed him—a policeman came up from the other end of the street, and I gave the prisoner in charge—I am positive he is the man who seized me by the throat.
Cross-examined by MR. GENT. Q. When you first saw the three men, did you cross over towards them? A. I crossed over to go to my own home, which brought me nearer to them, but they were on the opposite side of "Whitechapel—when I stopped at the comer of Swan-street I looked back to see if I could see any signs of the men, but I did not—I stopped for about a minute, and then I walked down Swan-street—I saw nothing of them till I felt them pressing against my back—I had come straight from Leadenhall-market—I am always late on Saturday—we close at 12, and then I pay my men, which generally takes me half an hour—I had not been to any public-house—I have been to a public-house this morning to take my coffee, and I have had a glass of half and half—I have never stated that they unbuttoned my coat I said they attempted to do it, I did not call out I had enough to do to struggle with them—I had not any power to call out, because of the prisoner—I did not care to call out before he caught hold of me by the throat, the fact is, I thought myself quite strong enough for the three of them—I did not lose anything, I did not give them the power of taking anything—this lasted about two minutes altogether, or a minute and a half—it was while I was lying down on the pavement that the prisoner throttled me—that was all I saw of him until I was assisted up by Mr. Walters—when Mr. Walters came up the prisoner moved off some thirty or forty yards.
COURT. Q. How soon after you were thrown down did you see the prisoner? A. Within two minutes—as soon as Mr. Walters lifted me up, there was the prisoner in front of me—he was not out of my sight—J never lost sight of him till he was taken.
RICHARDS WATTS WALTERS . I am a custom-house officer, and live at 27, St. Mary-at-hill—On Sunday morning, 20th March, a little before 1, I was going down Swan-street in the Minories, and saw the prosecutor and three men following him—I saw one man raise his arm in the act to strike, and the prosecutor fell on his back—I then saw his head between one of the men's knees—the prisoner had him by the right breast, and he was in the act of putting his left hand into the prosecutor's pocket—I sang out, "Hallo, what is your game?"—the prisoner said, "It is only a drunken man falling"—the other stepped back from the prisoner into the road, and ran away—the prisoner also ran away—I called "Police"—a policeman met him, and I saw him take him into custody—I never lost sight of him from the time of his leaving the prosecutor till he was taken—I am quite certain he is the man whose hand I saw at the prosecutor's pocket.
Cross-examined. Q. Then who was holding the prosecutor by the throat? A. I saw no person holding him by the throat—the prisoner was in the act of putting his hand into his pocket—I saw that plainly—he had not hold of
his throat then—I did not see any blow struck—I only saw the arm raised in the act to strike—there were no other persons in the street at the time but these four persons and myself—I had been to a friend's house that night—I went about 10 o'clock—we had had two pints of porter between us—I had walked from Stepney—I was quite sober—I tried to lay hold of the prisoner by the knee when I saw his hand at the prosecutor's pocket, but he sprang away from me—I did not hear any cries for help—it was all going on very quietly—the prosecutor was powerless from the peculiar manner in which he was held—his head was between another man's legs—I did not see him use his fists—I think I should have Been it if he had done so—I can't say that he had been drinking—his manner was peculiar when he gave his evidence at the station, and I was then rather under the impression that he was under the influence of liquor, but when I saw him again at the Thames Police-court, I saw that he was just in the same state, and then I concluded that he was sober—I think it was his natural manner—it was a moonlight night—I did not lose sight of the prisoner at all—he tried to get away, and left his cap behind him, but I saw the policeman meet him and stop him.
COURT. Q. Were you behind them all when you first saw them? A. No, in front of them—they were coming towards me—I was on one side of the street and they on the other—I had a full view of them, for the street is not. particularly wide.
JAMES WILLIAMS (Policeman, H 163). On this Sunday morning I was in Mansell-street, close by Swan-street—I heard cries of "Police," and saw the prisoner, with two other men, come running down the street—I stopped the prisoner—the prosecutor and Mr. Walters then came up—the prosecutor, said he had been knocked down, and garrotted, and attempted to be robbed—the prisoner said, "I am not the man"—Mr. Walters said, "I saw the arm lifted, but I did not see the blow struck"—the prisoner said, "You are mistaken," or something of that sort—I took him into custody—he tried to wrestle with me at first, but I managed to keep him tight.
Cross-examined. Q. At the time you took the prisoner could you see any one running besides him and the other two men? A. saw the prosecutor and Mr. Walters at a distance coming towards me, and they halloed out "Stop him"—I did not see any other persons in the street—the prisoner said he was not the man that had anything to do with it.
He was further charged with having been before convicted.
JOSEPH DEBLE (Policeman, H 193). I produce a certificate (Read: " James Johnson, convicted at the Thames Police Court, 17th April, 1858, of larceny from the person. Confined Six Months") The prisoner is the person—I know him well, and had him in custody on that occasion, as well as on some others.
GUILTY.— Eight Years' Penal Servitude.
NEW COURT.—Thursday, April 7th, 1859.
PRESENT—MR. RECORDER; Sir HENRY MUGGERIDGE, Knt. Ald.; and Mr. Ald. ALLEN.
Before Mr. Recorder and the Sixth Jury.
PLEADED GUILTY — Confined Twelve Months.
435. FREDERICK SHACKELFORD (58) , Embezzling the sums of 1l. 12s. 11d., 6l. 10s., and 4l. 10s.; also 12s. 4d., 19s. 4d., and 10s. 10d.; also 17s. 6d., 19s. 6d., and 7s. 9d.; also 47l. 13s. 8d., of Henry Fox Bristowe and Son, his masters; also stealing the sums of 4l. 6s. and 1l. 4s. 2d., of his said masters; to all which he
PLEADED GUILTY .— Three Years' Penal Servitude.
MR. MCDONALD conducted the Prosecution.
JAMES HAT . I am a labourer, and reside in Little North-street, Port-man-market—on Saturday afternoon, 12th March, I was in Lisson-grove, going home, between 3 and 4 o'clock—the prisoner and two other men came up to me—I was knocked down—one that is away knocked me down—I know him by sight, but I don't know his name—I was not a great way from the Champion public-house—the prisoner was there when I was knocked down—before they came to me I had a purse in my left-hand pocket containing 12s.—it was when I was knocked down they all ran away down Stamford-street—the prisoner was the last who ran away—I directly felt for my purse, and I had not got it—the money and the purse was gone—I have not been able to get it since—I went to the police-station in John-street, Edgware-road—I saw the prisoner there; he is one of the three that were together when I was knocked down.
Cross-examined by MR. LEWIS. Q. When did you last see your purse with the 12s. in it? A. On the Saturday afternoon—I was perfectly sober—I had come from work just after 2 o'clock—I went home and had my chimney swept, and came out again—I had not been drinking—I had drank water with my dinner—I gave a description of the prisoner to a policeman—it was a slight description—I went into a barber's shop on the Sunday morning—I saw a man there who was one of the three that came to me—I did not give him in charge—I did not ask for a policeman to be sent for—he left the shop first; I went out directly after I was shaved, to see if I could find a policeman—when I was knocked down, my head was cut open—I went to the dispensary on the Sunday morning—we were looking round for the prisoner—the Champion public-house was one which he frequented.
WILLIAM BODEN (Police-sergeant, 11 D). In consequence of information, I arrested the prisoner outside the Champion public-house, on Sunday evening, 13th March—I took him to the station—the prosecutor was sent for, and he said that was one of the men who robbed him.
Cross-examined. Q. Were you the man to whom the prosecutor gave a description? A. No; I received it at the station—it was sufficient for me—the prisoner denied that he was the man—he said he knew nothing about it.
HENRY CATTERMOLE (Police-sergeant, 38 D). I was on duty in Exeter-street, on 12th March—I saw the prosecutor there, and the prisoner and another man were close to him—I afterwards received information of this robbery from the prosecutor—Exeter-street is about 100 yards from the Champion.
He was further charged with having been before convicted.
JOHN SAWYER . I produce a certificate of the prisoner's former conviction. (Read: "Central Criminal Court, February, 1851. John Howe, convicted of stealing a handkerchief, having been before convicted; Transported for Seven Years.")—The prisoner is the man—I was present at both the trials.
GUILTY.— Four Years' Penal Servitude.
THIRD COURT.—Thursday, April 7th, 1859.
PRESENT—SIR JOHN MUSGROVE, Bart., Ald,; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
437. CATHERINE ROWE (25), and ANN MORGAN (17) , Burglariously breaking and entering the dwelling-house of Richard Goodman and another, and stealing therein 120 yards of silk, value 20l., their property. Second Count, Feloniously receiving the same.
MR. BARRY conducted the Prosecution.
RICHARD GOODMAN . I am a partner in the firm of Moss and Goodman, drapers, of 169 and 170, Edgeware-road. On the night of the 10th, or rather on the morning of the 11th February, I went to bed about 1 o'clock—I was the last person up—I saw the doors fastened and everything quite secure—I was called about 7 in the morning, got up, went into the shop, and saw that a quantity of silks had been removed, value about 400l.; also about 12l. in Silver and gold from the till—I had seen the goods safe at half-past 9 the night before—I sent for the police—the entry had been made through the skylight, which was cut or broken—it was all right the night before—they could then slide down by a rope—they had not got out the same way; they opened all the doors through the house—they picked the locks of three doors—some of the silk has been shown me, and is part of what I lost.
EDVIN HEWLETT (Police-sergeant, M 8). On the afternoon of 23d February, I went with Sergeant Potter to 36, Little-Surrey-street, Blackfriars-road, and saw the prisoner Rowe standing at the door with another female—I asked her to walk into the parlour, as I wished to speak with her, which she did—I told her I had come to apprehend her for being concerned with others respecting a burglary at Messrs. Goodman's, in the Edgeware-road—she said she knew nothing at all about it—I asked her if she had been disposing of any silks, or had any in the house, or if she had any pawn tickets relating to silks—she said that she had none—I told her I should take her to the station—I searched the house, but found nothing—I afterwards fetched Willet, Mr. Barnett's, the pawnbroker's, assistant, to the station, and asked him if he knew either of these females—the other prisoner had been taken by Potter in the same house in my presence, and brought to the station—they were together, and Willet said, "These are the two females that pledged some silk at our place"—they heard that, but made no answer.
Cross-examined by MR. SHARPE. Q. Did you find any tickets at the house? A. Not relating to the silk.
THOMAS POTTER (Police-sergeant, A 488). I went with Hewlett to Little Surrey-street—Rowe was standing at the door—she went in, and I heard Sergeant Hewlett charge her—I saw Morgan come running down stairs—she hurried very fast towards the street-door—I ran out of the down stairs-room, and stopped her—neither of us had our uniform on—I said, "You cannot go out; I want you for being concerned with others in a robbery at Messrs. Moss and Goodman's, in Marylebone—she said, "I, so help me God, I know nothing about it"—I said, "Have you any silks in your possession, or have you had any?"—she said, "I have never seen any"—I said, "Be cautious; I will ask you again, have you seen any silks, or pledged any!"—she said, "No"—I said, "You must go to the station with me"—I heard Rowe say twice, that she had seen no silks, and knew nothing about it—on the following morning, before we went before the Magistrate. Morgan said, "It is no use
denying it; I did pledge some"—she did not say when or where—I had told her that we had found a piece of silk which had been pledged by her—Willet had no conversation with the prisoners—he did not speak to them—there were three or four women in the room, and Hewlett said to him, "Can you identify any of these?" and he picked out the prisoners—nine or ten pieces of silk were found, worth 25l.
Cross-examined by MR. SHARPE. Q. Did Rowe say anything with regard to the silk? A. She said, "So help me Christ, I have never pledged any," and she said at the police-court, that she would not suffer for it all—that was on the following day—I am quite sure I have said that before—I said it repeatedly at the police-court—I do not say that I said it to the Magistrate—I was going to do so, and was stopped—Rowe did not say she would not suffer for it at all, but she would not suffer for it all.
WILLIAM WILLET . I am in the employ of Mr. Barnett, a pawnbroker, of 10, St. George's Circus. On 1Ith February, about 11 in the morning, Rowe brought this silk, and pledged it for 1l. 5s. in the name of Rowe—she came again at 3 o'clock in the afternoon, and pledged this other piece of silk (produced) in her own name—on 14th February, Morgan came and pledged this piece of silk (produced) for 12s. in the name of Rowe—I had seen them both before.
Cross-examined by MR. SHARPE. Q. Was it a fair pledging value for the silk? A. It did not excite my suspicion—I had known Rowe about 6 months, but had not known Morgan so long—Rowe had pledged there before, and I have seen Morgan there—I made no inquiries when the silk was pledged.
Cross-examined by MR. SHARPE. Q. How long have you been their assistant? A. About thirteen months—I missed the whole of the silks at 7 o'clock in the morning, with the exception of a few lengths of black—I had assisted in straightening them the day before—the marks are all taken off—this piece measures sixteen yards, which is rather an extraordinary length—I had had to out off ten yards from twenty-six the day before—I have measured it since the robbery—this other piece is flouncings—they run fourteen to the piece.
Cross-examined by MR. PHILIPS. Q. When things are sold from your shop, do you take off the marks? A. Sometimes; but we frequently leave them on—we sell these flouncings as they are—I do not know the lengths, because they are flouncings, but there are fourteen widths—there are very few of them sold.
MR. BARRY. Q. What is the custom when a quantity of silk is sold; is it ticketed? A. Yes—I can decidedly form an opinion as to the number of yards left in this piece; because, after cutting off ten from twenty-six, there would be sixteen left—I also believe this to be the silk by the quality—I was only shown three pieces, but I saw about a dozen more at the station—they were all patterns and qualities which had been in stock—I only found one flounced robe, which I am sure was not in the stock.
Cross-examined by MR. SHARPE. Q. Are you sure of her? A. Quite; I have seen her at the shop before.
Cross-examined by MR. SHAROPDE. Q. Is it not a very ordinary quality?
A. Yes; the trade mark has been cut off—we sell hundreds of pieces, but I can say we had a piece of similar quality the day before the robbery—I am in the habit of showing these things, and could tell everything that was in that particular department the day before.
EDWARD CARDDOCK . I am in the employ of Mr. Turner, pawnbroker, of Crown-row, North-road. I produce a piece of silk, pawned on 12th February for 1l. 2s. by, I believe, the prisoner Rowe, in the name of Smith, but I cannot swear to her.
WILLIAM VINCENT . I am assistant to Mr. Fisher, a pawnbroker, at Walworth. I produce a piece of silk, pawned on 11th February, in the afternoon, I imagine; for 1l. 2s.—I do not recognise the prisoners.
WILLIAM McLACHLAN . I am assistant to Mr. Fryath, a pawnbroker, of 16, Whitechapel-road. I produce two pieces of silk pledged, one on 21st February, for 2l. and the other on the 28th, for 1l. 5s. in the name of Smith, and by the same man on both occasions.
Cross-examined by MR. SHARPE. Q. Is not that parcel the same pattern as that produced before? A. As near as two pieces can be—I do not speak positively whether it was in the stock or not—we had twenty-six yards: ten were sold, and sixteen remained—I cannot say that we had both in stock at the same time.
PHOEBE CHATFIELD . I am the wife of William Chatfield, of 9, Newman-street, Portman-market—I did keep a coffee-stall up against Messrs. Goodman's shop, but I have been ill—on the morning of 11th February I was at that stall from 5 o'clock till half-past 8—I saw nobody come out of Messrs. Goodman's private door, till the alarm was sent out of the robbery—if they had, I must have seen them.
Cross-examined by MR. SHARPE. Q. How far from the shop door were you? A. About eight yards—a person could not have got out at the back without going into the road—it is a corner house at the corner of the Edgeware-road and Church-street—I was in Church-street.
COURT to RICHARD GOODMAN. Q. Was the front door in a condition in which a person could open it and shut it behind him, when you came down? A. Yes.
MR. SHARPE. Q. Is it possible for a man to break out at the back door? A. They could only get out at the back door—they could get into Church-street.
SARAH FINCHER . I am unmarried, and in the employ of Moss and Goodman—on the morning of 11th February, I was very ill—I was walking about the room early and bad been most of the night—I looked at my watch, and it wanted five minutes to 5—I had my hand on the bedroom door to come down for some hot water, but heard a great rattling of boards as if a board was being broken, and went to bed again—I went down in the morning at a quarter to 7, and found the shop open, the skylight open and the till; and a cheque book lying on the table—the wainscoting was broken away—I told Mr. Goodman.
ROWE— GUILTY, on the second Count. — Four Years' Penal Servitude.
MORGAN— NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
JACOB CARTER . I live at 9, Dudley-street, Paddington, and am a labourer—the prisoner is my wife—on the night of 14th March, she came home to me between 12 and 1 o'clock—she looked as if she had been drinking—I said, "Then you be come"—she said, "I shan't be here long"—went to a drawer, took this knife out (produced) and said, "It is not very sharp"—she sharpened it on the stone and then said, "I will cut my throat from ear to ear and then I shall die quick"—I said, "You shan't do it here"—and when I went to her she said, "I will stab you to the heart," and cut me down the face—I took a piece of wood from the fire-place and hit her over the arms till I got the knife from her—she then began hallooing "Murder," and I took her out at the street door on to the pavement—a policeman came and took her in custody; and I went to St. Mary's Hospital—my face was cut through and has been sewn up—here is the scar—I did not strike her before she cut me—I only got out of bed to hinder her from cutting herself.
Prisoner. Q. When I came home did not I light a candle? A. You lit a candle before you took the knife out of the drawer—I did not say, "You can go where you have been: not that night—I had said so on former occasions—I did not get up till you had sharpened the knife and attempted to cut your throat—I did take a stick and beat you over your arms after you cut me, but not before—I opened the door when you hallooed "Murder"—you never got under the bed at all.
WILLIAM BODEN (Policeman, D 11). I was on duty about 1o'clock and heard a cry of "Murder:" went to the spot and saw the prosecutor and the prisoner—he was perfectly sober, but she had been drinking—she was on her knees on the cill of the door, holding one of his wrists—he said, "Policeman, my wife has attempted to murder me, she sharpened the knife to do it"—she got off her knees and they both went into the back parlour—I followed them, and on the ground beside the bed I found the knife and this hone on the corner of the table—the prosecutor said, "That is the knife she did it with, and that is the stone she sharpened it with"—he was bleeding very much—his face was cut open and the jaw-bone was bare; I said, "I must take you to the station, how came you to do such a thing?"—she said, "I did it, I did it, and I will do it forty times, for he has illused me"—he replied "I did strike you with the stick after you cut me"—he showed me the piece of wood he struck her with—she was charged—and I took him to St. Mary's Hospital, where a surgeon sewed up the wound.
Prisoner. Q. Instead of my having his wrist he had mine? A. I might have been mistaken in that—you had hold of each other.
JOHN CRUIKSHANK . I am resident surgeon at St. Mary's Hospital—I examined the prosecutor not on the night he was brought in, but at 9 o'clock the next morning, on the 15th—he had a severe wound on his face, completely dividing the lip and part of the cheek, two inches and a half in length—it might have been inflicted by such a knife as this—it was sewn up when I saw it—it would have the effect of causing the cheek to lap, so that you could see the jaw—it was a severe flesh wound, not dangerous, though erysipelas might have come on, but it healed by first intention—he never came in, he was an out-patient.
JAMES SMITH (Policeman, D 41). I was on duty at the station—I visited the prisoner's cell at a quarter to 2 o'clock, and found her sitting in one corner with some string tied round her neck quite tight, and twisted round her fingers, she was quite insensible—when she recovered I asked her if she was not sorry—she said, "No, and she wished I had let her have gone," that her husband had been ill using her, and that her shoulder and arms were black.
The prisoner's statement before the Magistrate was here read as follows:—"One half of what he has said against me is false—I was. getting into bed, and my husband said I should not get into bed—the policeman saw me with my gown off—my husband said I should not stop there,"
GUILTY .— Confined Six Months.
Before Mr. Recorder.
PLEADED GUILTY .**— Confined Twelve Months each.
440. CAROLINE THURKLE (20) , Stealing 2 petticoats, 1 shift, and other articles, value 17s., of Bridget Mahony, also 1 cloak, value 30s. of Sarah Parkins, and 1 gown, value 1s., of James Parkins, her master; to both which she
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. LANGFORD conducted the Prosecution.
GEORGE BUTTERFIELD . I am a coffee-house keeper, at Nelson-street, Woolwich. On the night of 17th March, about 12 o'clock, I was in the parlour of my house—the shop was closed—a female knocked at the door, and asked for coffee—I told her I had none—I then heard my window smashed, and the female went away—I went into my parlour, and saw two men retreat out of my yard—I went out, fastened the back-gate, returned back to my house, and in about 10 minutes, a body of men returned—about thirty, I should say—they pushed the water-tub through the back-window, and after that, in came the stone sink—I saw no more, for I got into the cupboard, out of their way—I remained in the cupboard fall 20 minutes—I do not know the faces of either of these marines; I never saw one of them—while I was in the cupboard, I heard different expressions about smashing and other things—when I came out, I found all my things smashed—the dial and the works of the clock were taken away—nothing was left but the case—the back-door was smashed to atoms—all the glasses were broken, nine squares of the bedroom were broken—the counter was entirely gone, and the
shelves—the crockery was smashed all to atoms, and the sugar jar, and everything—those things were all safe at the time I went into the cupboard.
MARY ANN ARMSTRONG . I lived at Mr. Butterfield's house. On 17th March, at a little after 12 o'clock, I was in bed—a stone came through the window, and struck me in the face—I got out of bed, and looked down into the yard—I saw a body of marines and a rifleman—I do not remember any of the marines who are here—they made a great noise.
ANNIE FOSSETT . I am single, and live at Woolwich. On Thursday, 17th March, at a little after midnight, I was at the corner of the George and Dragon, near Mr. Butterfield's shop—I heard the riot, and 1 went round to see what was the matter—I saw the marines tearing down the shop—I noticed Bennett and Allison there, and heard Allison say he would have Butterfield's b—y life, if he could get it—after that, I saw Allison bring the clock out, and I saw Allison break the sugar jar—he fetched it from the shop and broke it, and he broke several cups and saucers—there were about eleven or twelve marines, and other men besides—Bennett and Allison were making a noise—they were the two that first came to the attack—it had begun before I went round—I heard the noise—they were making a great noise—I heard the springing of a rattle, and saw them put the sink through the window—I can't say exactly who it was that did that—the washing-tub was put through the window, but I do not know by who—Allison's belt was found in the shop.
MARY ANN JOHNSON . I am single, and live at Woolwich. On Thursday, 17th March, at a little after midnight, I went into Mr. Butterfield's, and while there, I heard the smashing of glass—I went round the back-way, and saw a lot of marines—I recognise Bennett and Leppen; I don't know the other—I saw Bennett with the railing in his hand—I did not see him break anything beside the railings—he and Leppen took the railings, and went down the street with them—after they went away, I did not hear anything else—I was in the house when the smash began, and I went round—I then came in front, and went round again, and saw them breaking the railings down—between the time of my first going round, and going round again, I heard smashing—I saw there were Marines, the Military Train, and Rifles—I saw Leppen and Bennett.
BENNETT. Last Friday week, you said I had my tunic on. Witness. No; I did not—I am not certain whether you had or not.
ELIZABETH GIBBS . I am single, and live at Woolwich. On Thursday, 17th March, a little after midnight, I went to Mr. Butterfield's coffee-shop—the first thing I heard was the smashing of the window—I did not go away; I remained—I could not say how many men were there the first time—the second time there were about fifteen—amongst them, I saw Bennett and Allison—I saw Bennett enter the back-way, through the door which was broken—I saw Allison come in the same way—I did not go away—I ran upstairs, and while there, I heard a general crash and breaking things—I stopped till they went away—I might have been upstairs about twenty minutes.
SAMUEL TABER (Policeman, 239 R). On 18th March, about 1 o'clock in the morning, I went to Butterfield's house, at the time this occurrence took place—when I got there, I saw a number of Marines, Rifles, and others: thirty or forty in all—I could not swear I saw any of the prisoners—they were pulling down the fence and breaking the windows—I took Leppen in custody about three-quarters of an hour afterwards, in Butterfield's yard.
444. GEORGE LEPPEN, BENJAMIN BENNETT , and JAMES ALLISON , were again indicted for burglariously breaking and entering the dwelling-house of George Butterfield, and stealing 1 set of curtains, 1 clock, 6 tumblers, 2 lbs. of tea, 3 lbs. of coffee, and other articles, his property; upon which no evidence was offered.
NOT GUILTY .
Harris PLEADED GUILTY .— Confined Twelve Months.
SARAH SHEATHER . I am the wife of John Sheather—we live at Forest Hill. On the afternoon of 3d March, my back-door was left open—the outer gate was locked—between 3 and 4 o'clock, I received information from Mr. Poulson—I went upstairs, and I missed two rings, a pocket handkerchief, and other articles—the jewellery was on the dressing-table—in about an hour afterwards, I missed this shawl, which is my servant's—I saw them all again about 5 o'clock—they are all mine, except the shawl.
THOMAS POULSOM . I live with my father, a builder—he was engaged on some buildings, near Mr. Sheather's. On 3d March, I saw the two prisoners sitting by the side of the road, at a little before 3 o'clock—some time afterwards, my father desired me to go to the back of the premises, and I saw Harris come over the wall from Mr. Sheather's, without his shoes or boots—Robinson went to him, and put his boots down to him—Harris put them on, and they walked away together.
Robinson. Q. Are you sure it was me? A. Yes, I picked you out—I did not fix on another person—I looked at one and I said, "I think that is one"—then I said, "No, it is not, that is the one," pointing to you.
JENKINS THOMAS POULSOM . I am the father of the last witness—I sent him to look behind the premises, and he came back to me and pointed out the two prisoners—I am sure they are the two he pointed out—they were then going from Mr. Sheather's place, walking side by side—I went and gave information.
WILLIAM RIVERS WILSON , On the afternoon of 3d March I received information—I was about a mile from Mr. Sheather's—I had the saddle put on my horse, went towards Deptford, and met the two prisoners—Harris had something bulky under his coat—I got off my horse and told him I wanted him for a robbery at Sydenham—Robinson ran away, and made two attempts, and got through a hedge to a market garden—I went after him—he came back and I took him—I found this shawl on Harris—on the way to the station Robinson again escaped, and I got him again—I found these two rings and this locket in Harris's waistcoat pocket—I asked Richardson what part of the world he came from—he said, "From London"—I said "You are a costermonger; you come from Deptford"—I recognised him as coming from there—he then said that he did it for hunger.
Robinson. Q. Did you not stop me first? A. No, you were both together—I got off the horse and took Harris first—you ran away the moment I got off the horse.
ROBINSON— GUILTY .— Confined Twelve Months.
MR. DOYLE conducted the Prosecution.
London to get six quarterns of English beans—I got them at Wheat-sheaf-wharf, Blackfriars—there were 12 sacks—I had a van to take them home—it was drawn by one horse—I cannot remember what time of day the van was loaded, but when I was going home it was between 1 and 2 o'clock—I went by the Old Kent-road, and near the Bricklayer's Arms I met Peters—he asked me if I would have any beer—I said "Yes," and we went into the King's Arms, opposite the Bricklayer's Arms—when we went from there we did not go into any other public-house till we got to the Crown and Anchor, where I had my dinner—I had a pint of beer there—I was tipsyfied before I left the King's Arms, Peters said he was going home to see his mother and father, and asked if he should drive the van—I consented to that, and I laid on the sacks and went to sleep—I do not remember stopping at the Angel—I got stopped at the Man of Kent—Peters awoke me there, and a policeman came and said I had lost a sack of beans—he counted the sacks, and I counted them, and could only make eleven of them—as soon as Peters saw the policeman he hook'd it, and I saw no more of him—I know nothing about the prisoners—the policeman afterwards showed me an empty sack—I believe it was the sack I missed—it had my master's name on it—the value of the beans was 16s. a sack—32s. a quarter is what my master sells them at.
Cross-examined by MR. THOMPSON. Q. You don't remember when the van was loaded? A. No; I remember coming down as far as the Bricklayer's Arms—I took empty sacks for the beans I went to fetch—I saw the beans loaded myself—Peters is a young man I have known all my lifetime—he lived on Bexley-heath—I never saw the two prisoners—I do not remember being at Mr. Yates' house—I do not remember drinking with them there.
Cross-examined by MR. LILLEY. Q. How long have you been in that employ? A. About five months—I know what my master tells me is the value of a sack of beans—I don't know what the market price was at that time.
MR. DOYLE. Q. You do not remember the hour you got loaded, but was it between 1 and 2 o'clock when you were on your journey? A. Yes, and I had twelve sacks—I have a sample of the beans taken from the bulk.
THOMSD YATES . I keep the Angel Inn, Loom-pit-hill, Lewisham—on Thursday, 12th March, Mr. Jones's van came to my house between 4 and half-past 4 o'clock—I saw Jenner and a man that they call Peters, and Hawkes, and Ballard, and another person whom I do not know—it was not Deadman—Jenner was lying in the van very tipsy—they brought him into the house—they had a quartern of gin and two pints of beer—they put Jenner in the van and drove him on—Hawkes and Ballard had a light spring cart, drawn by a bay pony, and when the van went on they followed it—I gave information to the police.
Cross-examined by MR. THOMPSON. Q. How for is your house from the toll-gate at Lee-green. A. A mile and a half—the other man, who is not here, is Harry Peters—there was another man whom I do not know—Peters drove the van—they remained at my house from a quarter-of-an-hour to twenty minutes—they were not at the bar much—they were in and out of the tap-room—my potman was attending the tap-room.
Cross-examined by MR. LILLEY. Q. Do you purchase beans occasionally? A. Not beans—I have oats—I have known Deadman the last six or seven years—he has borne the character of an honest man—I never heard anything against him before this case—I know Tanner's-hill—I know the
Man of Kent beer-house at Eltham—I should think that is nearly four miles from Tanner's-hill.
COURT. Q. Were either of the other persons who were at your house drank? A. Peters was a little the worse for liquor—Dead man is a licensed hawker—he carries sand—he knows the other prisoners—they live in the tune locality.
HENRY BUTLER . I live at Eltham, and am in the employ of Mr. Turner, a corn dealer, and coal merchant—on Thursday, 10th March, about half-past 5 o'clock in the evening, I was on my way home with a load, near Lee-green toll-gate—I noticed a van beyond the toll gate, by the roadside, loaded with sacks, which I supposed to be corn—it was pulled up by the roadside, and Jenner was lying on the hind-side of the ran asleep—I saw a light cart near the van, and saw Ballard in it, and Peters, who was driving the van, was hiding a sack down at the bottom of the cart with Ballard—after that I saw Hawkes come from the opposite side of the road—he got in the cart—at that time I passed them—I looked back, and saw the cart drawn away, and go to the toll-gate—Hawkes and Ballard were in the cart—I did not notice who was driving it—I saw the van again—it passed me after I passed them—after the van had passed I picked up an empty sack with Mr. Jones' name on it—when I got to Eltham-green I saw a policeman—the sack which I saw them hiding away in the pony cart was a full sack.
Cross-examined by MR. THOMPSON. Q. Were Ballard and Peters putting the sack in the cart? A. Yes—at that time T did not see Hawkes—I saw him afterwards cross the road—I did not see him meddle with the sack at all—the sack was hid away before he got to the cart.
Cross-examined by MR. LILLET. Q. Do you know the Man of Kent? A. Yes—I suppose that is a mile or a mile and a half from where this happened—I never go to market to buy beans or oats—I do not know that the market price of beans at that time was 13s. or 13s. 6d. a sack.
JAMES WESTBROOK (Policeman, R 114). On Thursday evening, 10th March, in consequence of information, I went to Tanner's-hill, Deptford—I saw the prisoner Dead man—he was coming out of a public-house—he rather hobbled—I asked him if he had some stables up the hill, beyond the George in the yard—he said, "Yes"—I asked him if all the property in those stables was his—he said, "Yes, bought and paid for"—the officer Crouch and another man were with me—I said, "Let us go and see"—we went, and when we had walked a little way I asked Deadman if the stables were locked, he said, "No"—we went and got a light, and went in the stable, and on the right-hand side, inside the door, there was a sack—I put my hand to it, and found it was beans—these are a sample of them—the sack was not tied—I pulled a few out in my hand, and I said to Deadman, who stood outside the doorway, "How long have you had these?"—he said, "Two days"—I asked him who he had them of—he stood a moment or two, and made no answer—I said, "Surely, if you have had them two days you know who you bought them of"—he made me no answer—I said, "Is it about two hours you have had them?"—he said, "It is about two hours, Ballard brought them up here on his back—I gave him 10s. for them, and I believe Salter was with him"—Crouch said, "I know who that is"—I began to look down the sack to see what name was on it, and Deadman said, "It is my sack, they shot them"—I took possession of the beans, and took him in custody.
Cross-examined by MR. LILLEY. Q. Did Deadman come out of the public-house? A. Yes—I thought he seemed like a man coming from a
hard day's Work—I do not think he appeared as if he had taken a little more liquor than usual—he is, I believe, a little lame at all times—no doubt he had been drinking—he told me all this, and went with me without hesitation—he provided the light—the door was merely fastened with a pin—he opened it—anybody could have opened it—the sack was open, not tied up—I took it away—I did not measure the beans—I have been on duty in that neighbourhood about eighteen months—I have known Deadman by sight—I do not know whether he keeps two horses, I only saw one.
ALFRED JOHN CROUCH (Policeman, R 92). I was with the last witness—I fetched Deadman out of the beer-shop—on going to the stable I walked in advance—a man named Fingay was with me, who keeps stables in the same yard—when we got to the stable, Westbrook put his hand in the sack of beans, and asked Deadman how long he had had them—he said, "Two days"—Westbook said, "Do you mean two hours?"—he hesitated a moment and said, "Yes; I had them from Ballard, and young Salter was with him"—I said, "I know who you mean" (Salter is a nickname that Hawkes is known by)—I looked at the sack, and Deadman said it was his—I afterwards went to a coffee-shop and pointed out Hawkes, who was asleep, and I went upstairs and found Ballard in bed and asleep—I roused him up, and told him I was going to take him in custody for stealing a sack of beans with Hawkes and selling them to Deadman for 10s.—he said, "Let us wait till the morning, won't you?"—I said, "No," and I brought him down-stairs, and he said, "What, has Deadman told you ail about it?"—I said, "He has, and he is in custody"—I asked him how he came in possession of the beans—he said he bought them of a man, and gave him 8s. for them—I asked who the man was, and he could not tell me—he attempted to pass some money to the barmaid—I seized it, and found it was 7s. 10d., which he claimed as his own—he and Hawkes were taken to the station—Deadman was there, and he was asked if they were the persons he bought the beans of—he said "Yes"—they made no answer—a light cart and a horse were found afterwards at a stable belonging to Deadman's brother—the horse was claimed by Ballard, and was given to him—I have the sack, which was found by Butler—it has Mr. Jones's name on it—Deadman was not at all drunk—he is naturally lame.
Cross-examined by MR. THOMPSON. Q. You know Hawkes by the name of Salter? A. Yes: the cart was claimed by his father, and the pony by Ballard—I have known Hawkes some time—he was once taken in custody, but he was discharged.
Cross-examined by MR. LILLEY. Q. Do you say Deadman is naturally lame? A. Yes; he throws one leg out as he walks—I have known him all my life—he has borne the character of an honest man—I never knew him in trouble before—I measured the beans, and there were three bushels and three-quarters—there are four bushels in a sack, I believe.
Ballard's Defence. I am very sorry—I was tipsy at the time. Deadman received a very good character.
HAWKES and DEADMAN.— NOT GUILTY .
BALLARD— GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
Before Mr. Common Sergeant.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
Before Mr. Recorder.
PLEADED GUILTY — Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
451. THOMAS GIBBS (19) , Burglariously breaking and entering the dwelling-house of Maria Pope, and stealing therein 3 coats, 2 waistcoats, 1 petticoat, and other articles, value 5l. 9s., her property; to which he
PLEADED GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months each.
MR. ATKINSON conducted the Prosecution.
MARY ANN SKELTON . My husband keeps the Crown and Anchor beer-shop, Old Kent-road—on Thursday evening, 26th February, between seven and eight o'clock, Cole and Wilson came in—Wilson asked for a pint of beer—I served him—he gave me a florin—I bit it, and said, "This is a bad one"—Cole said that Wilson got it from his master with another, which Wilson laid down, and that that was good—I told him I thought not, and it appeared to me as if he was in the habit of passing bad money—Cole said that he saw Wilson's master give it to him at the Wandsworth railway station with the other—I put it behind me on the shelf, and gave change for the good one—I afterwards gave it to Mr. Skelton in the parlour while they were drinking the beer—this is it (produced).
Cross-examined by MR. ALLEN. Q. Were there many people in the place? A. Not at that moment—we were tolerably busy—they remained there about a minute after the florin was tendered—I went in and gave it to my husband, and when I came out I found them there—Cole made no effort to go—what he said was, "I do not think he knew anything of it, for I saw his master give it to him at the railway station at Wandsworth."
GEORGE WALLER . I was at Mr. Skelton's with two brother constables, Parker and Goddard—I had occasion to go outside the house at half-past seven or a quarter to eight, and saw the three prisoners conversing together—there was a light, and I could see them well—I went in again, and Mrs. Skelton brought me a bad florin—I went out of the parlour and saw Cole and Wilson standing at the bar—I went outside again, and saw Taylor further away, about fifty yards from the house—I asked him what he was
waiting for—he said, "For something at the opposite house"—I took hold of his hand, searched him in Cole's presence, and found on him six bad florins, wrapped up in separate pieces of paper—Wilson and Cole both said, "Say nothing"—they then said that they knew Taylor about two months before.
Cross-examined. Q. Had you seen them before? A. I had seen them outside, about a dozen yards from the house—I did not search Cole.
JAMES PARKER (Policeman, V 126). I was with the other constables, and saw Mrs. Skelton produce a florin in the parlour—it was given to me—this is it—I went to the bar; Wilson and Cole were there—Waller said, "Wait here: detain the two; there is another one outside"—while Waller was out, I searched Wilson, but found nothing on him—Waller returned in a short time with Taylor in custody, and I saw him take from his hand a bag containing bad money—he said, "Where did you get this from?" and Wilson and Cole said, "Say nothing," and seemed as if they would like to get close to him—I showed Wilson the counterfeit florin I had received, and asked him in Cole's presence where he got it from—he said, "My master gave it me at the railway station"—I said, "What is your master?"—he said, "A cab proprietor"—I asked him what he had done for the money—he said that he was a cab washer, and had received it for work which he had done—I asked if he had any more—he said, "No"—Cole said, "It is right; I saw his master give it to him"—I said, "Are you sure?"—he said, "Yes"—Cole said that he had known Wilson for some time, and on one occasion he said he had not seen him for two or three months, and on another occasion he said three years: that they had accidentally met at the railway station and come to have a pint of beer for old acquaintance sake—Cole gave his address 4, Francis-place, Artillery-row, Pimlico—I found that he lived in that neighbourhood, but in Green-coat-row—there is a Francis-place—he seemed quite calm—they were both whispering together.
HENRY GODDARD (Policeman, V 253). I went with Waller to Mr. Skelton's, he took one, and I took the other; when I came back, I found Cole and Wilson there—I asked Cole when Taylor was brought in, if he knew him; he said that he had never seen him before—I asked Cole if he knew Wilson; he said "Yes," but he had not seen him for three years, when he accidentally met him near the railway station, and saw his master give him the 2s. piece—I asked him again, going down the road, if he knew him, and he said he had never seen him before, and did not know anything of him—I found 5s. 9d. on him in good money.
Cross-examined. Q. Did you find any bad money on Cole? A. No.
Cole received a good character.
GUILTY .— Confined Six Months.
WILLIAM VINCENT PLEADED GUILTY .— Confined Twelve Months.
A Certificate of Ann Vincent's marriage being handed up to the COURT, MR. ATKINSON for the Prosecution offered no evidence against her.
NOT GUILTY .
Before Mr. Justice Erle.
MR. COOPER conducted the Prosecution.
ROBERT NEWMAN (Junior). I am the prisoner's eldest son—he is a pipe-maker—I had been living with him about a fortnight before this occurrence—on the morning of the 25th I was awoke by a noise—I should think it as between 4 or or half-past 4 in the morning—my father and mother had gone to bed the night before very comfortably indeed, in the same room—the thing that awoke me was, my brother running out of bed—I heard my father exclaiming, "I have done it, I have done it"—upon hearing that, I went into the bedroom, which was on the same floor, and saw my mother weltering in blood on the bed—my father was standing by the bed-side—I have not lived at home for the last six years until a fortnight before this—I believe there had been a hatchet lying in that room, but I cannot say I had seen it there—my father said that he had had a dream; that he was told to do it; that his head appeared to be like a ball of fire, and he was just as if he had been shot out of a cannon, and he used the hatchet and struck my mother with it—my mother was shortly afterwards taken to the hospital.
Cross-examined by MR. McDONALD. Q. How long had you been living home before this occurrence. A. A fortnight; except for that fortnight I had been from home for six or seven years—I do not remember my father falling on a bench seven or eight years ago, but I can remember his having several falls—I do not remember his falling off the top of a coach or an omnibus—I don't remember his falling near St. Bartholomew's Hospital and having his head dressed there by a student—I remember his head being dressed by a gentleman from Guy's Hospital or St. Thomas's, I do not know which it was; I should think that was thirteen years ago—up to seven or eight years ago I lived at home with my parents—my father was in the habit of getting drunk every week, and had been so for years.
COURT. Q. Was he drunk all the week, or once a week. A. He would keep at it for a fortnight or a week, perhaps, and then keep sober for a week.
MR. McDONALD. Q. Have you, during any of these periods, known him to fall into any excavation or cellar? A. I remember his falling a distance down the stoke-hole, that would, I suppose, be about three feet, in the pipe-maker's shop—I cannot remember whether his head was cut open then—I have seen him bleed profusely, but cannot say how the accident ever happened, or whether it was at that time—I have on several occasions known his head to be bleeding from his having fallen on the ground—I have known his head to have been dressed more than once by doctors—I remember in the workshop where my father worked, a moulding bench at the bottom of the stairs—I do not remember my father falling from the top of the stairs on to that bench.
WILLIAM NEWMAN . I live with my parents—on the morning of 25th July I was awoke by hearing my father say that" it was done, it was done"—in consequence of that I ran into the room, and saw my mother lying on the bed covered with blood—I asked my father what he had done—he said he had been told to do it, and he had done it—he then dressed himself—he did not help my mother that I am aware of—a few minutes afterwards I saw a hatchet with some blood on the head of it, lying in the fender in the fireplace, close by the bed—it was usually kept in the coal-cupboard in the same room to chop wood with—my father left the room while I was
there, and went out into the yard and came back again in about five minutes—he appeared sorry for what he had done, and leant against the banisters and cried—he was sober at that time—my mother and he were never comfortable together, because he had often ill-used her—I have seen him knock her down and kick her, if he could not hit her, with his foot, and heave things at her—on these occasions she has always run out of the way to save being hit by him—I remember her being attended by a doctor once, I can't say how long ago, because she was hit on the head with a poker by my father.
Cross-examined. Q. When you came into the room and saw your mother in this state, and asked your father what he had done, was not his answer this, "They threatened me to do it?" A. He had threatened to do it—he did not say, "they threatened me to do it"—he did not say anything to me about dreams he had had that night—I am sure of that—I saw my father and mother about two hours before they went to bed on the Saturday night—I did not have supper with them—they had supper with the people that lived downstairs—they were not in liquor when I saw them the last time on that night, before they went to bed—my father never ill-used my mother except when he was in liquor—I heard my father say that he would go and give himself in charge to a policeman for what he had done—there was a coal-cupboard in the room where this took place, and the hatchet was sometimes in the cupboard and sometimes in the fender—the fender was about a foot or eighteen inches from the bed where my father and mother slept—when I came into the room in the morning first, he had none of his clothes on at all—he was not walking up and down the room when I entered—after I went in he began to dress himself.
JURY. Q. On which side of the bed did your father lie? was it against the fender or the opposite side? A. My father always used to lie at the side of the bed further from the fender; mother used to lie closest to the fireplace.
MR. MCDONALD. Q. You have a little sister, have you not? A. Yes; younger than myself—she attends sometimes to cleaning the room—I do not know that my little sister put the hatchet into the fender on the Saturday evening, as I did not come home from my work till eight o'clock.
JESSIE NEWMAN . I am the prisoner's wife—I remember going to bed on 24th July—I do not recollect whether my husband went to bed at the same time—I went to sleep as soon as I got into bed—I do not remember anything after that for weeks afterwards—when I went to bed on this night I was quite sober—my husband was always very unkind to me; at times he has taken up a knife and threatened to stick it in my heart, with very bad expressions—he hit me on the head once with a poker, and I was attended by a surgeon; that was about four years before this—since that time his treatment has been very bad, throwing anything at me—at one time a teakettle; at another time a pot full of boiling water, which went all over my head and shoulders—at times he has used his fists, and given me such blows on the chest, arms, and legs, that they have been black and blue—I work out as a pipe-trimmer—on the Wednesday previous to this we went from the Kent-road to the Thames Tunnel, and I was passing a joke with him respecting an old neighbour that we met, and he up with his fist and gave me a tremendous blow on the nose, by which I lost a very great deal of blood—at that time he made use of very bad expressions, and he said he should not mind going in at eight and coming out at nine for such a woman as I was.
Cross-examined. Q. You said that your husband had been in the habit
for years of ill-using you; did he ever ill-use you except when he was in liquor? A. He was seldom or ever sober, he was always tipsy; I have known him for three weeks at a time excessively tipsy, from as early as five in the morning—it was when he was tipsy that he ill-used me—I have known him to be taken home with his head cut and bleeding once at my house—I have never been with him in the street when he has fallen down and cut his head—I have known his head to be dressed once at home by a gentleman from Guy's Hospital—on the night of the Saturday on which this occurred, he came to the place where I work, and we came home quietly together; and on our way we made some marketing for the Sunday dinner—I had not seen him from early in the morning till he came to Bishopsgate-street to me in the evening, between eight and nine o'clock—we stopped up till twelve—during that time he was more sober than I had seen him for months, I might say—he has never jumped out of bed in the night, and told me that they were pursuing him—he never told me that he could not sleep because of the dreams he had; I swear that—he used to be very wakeful when sober—he has never started up out of his sleep when I have been in bed with him; I swear that—I have never told him, that his head was so bad that he was a fit subject for a lunatic asylum—I never remember his starting in his sleep—the hatchet was sometimes in the fender, sometimes in the cupboard—on the night that this affair took place, he wished me to name to my employer, Mr. Critchfield, though he was in work, whether he would give him employment—I knew that he was afraid ask, on account of his ill-treatment of me; but, at his request, I asked on the Saturday; and Mr. Critchfield said, "Mrs. Newman, you know I could give him work, but his ill-treatment to you is so very bad, and his discourse is so bad, that I would much rather get him employment"—I told him that, and he said, "Had I had work there, this b—job would not have taken place"—he said that next morning—I do not know that there was a bench in the shop where my husband worked; I never was there—I remember his being once brought home with his head cut—if he fell in the room, he generally hurt his head; but he was so in the habit of being guided by both me and the children, that we generally secured him from falling—I do not remember his falling and cutting his head when we lived in Elephant-lane—he was an excessive drinker when he was there, but I do not remember his falling there any more than any other time.
JAMES WALLIS . I live in the same house as the prisoner—I remember the morning when this occurrence happened—I was with the prisoner and his wife on that night—they appeared very comfortable—we had a pint of beer together—he seemed sociable and comfortable—I believe he had kept steady at his work for a week previous to this—they wore quite comfortable when they went to bed, and I am quite positive he was sober.
Cross-examined. Q. Did you come into the room on the Wednesday morning, between four and five? A. Yes—I found the prisoner very much excited, and he wished me to go with him to have himself locked up—I declined doing so—I don't think he had been drinking during that week—I first knew him three weeks previous to this occurrence—I have seen a great many persons under the effect of liquor, and, bearing that in mind, I think the prisoner was something like it—he seemed very ill from the effects of drink during the week—on the Thursday night he came into my room very ill and very much excited—he stopped at my door, and spoke to me—I asked him to come in and speak to me—he said, he felt very queer—I said "Perhaps you want a little of what you had too much of last week"—he said, his head was very bad, and he felt very sick—I sent
my wife for a pint-and-a-half of beer, for him to have some—while she was gone, he went into the yard and retched very much, I believe—on the Saturday night, me and my wife, and the prisoner and his wife, were together all in my room; we were all very comfortable—there was no quarrelling between the prisoner and his wife—when we were in the public-house having a pint of beer, he said, I was the most sociable neighbour he had had for some years.
JOHN RAND . I am one of the house-surgeons at Guy's Hospital—the prosecutrix was brought there on 25th July—I found several scalp wounds on the front part of the left side of the head; and there was a very extensive fracture corresponding with the scalp wounds—she was in an unconscious state, and remained so, or in a semi-conscious state for more than a fortnight—during that time three or four portions of bone were removed from the skull—she remained several months in the hospital—she has but recently left there—she will probably always feel the effects of the injury under any extra excitement—an instrument such as this hatchet would produce such wounds and such a fracture—I should say the back part of it was more likely to produce the injury than the blade.
COURT. Q. Did it appear as if there had been more blows than one? A. It did—I perceived signs of three blows—I am not sure whether more than one blow had fractured the skull—one blow was much more important than the others; but whether one of the other two was also sufficient to produce a fracture I cannot say—a largish portion of the skull was broken, as much as would occupy several square inches—it came out in different portions—it was not removed by trephining—it came out partly by itself, and partly by the assistance of instruments called elevators—the fracture was so severe that nature forced it out—part of the bone came out independent of the elevators, and other portions not so freely separated from the sound bone, were removed by the aid of the elevators.
WILLIAM MARTIN (Policeman, P 95). On 30th July, I went to the prisoner's house, 4, Weymouth-street, New Kent-road, and took him into custody—I told him I wanted him for assaulting his wife—he said, "Very well, I will go with you willingly"—on the way to the station he said that he had laid by her side three or four nights, and he could get no sleep—that he had had a dream the night previous; that there were two mad bullocks chasing him, and he supposed we were the two, meaning my brother constable and myself—I went to the prisoner's house afterwards; and my brother constable found this hatchet—I saw the pillows, and sheet.
JAMES CASTLETON . I was a police constable at the time in question, p 150—I went with Martin, and heard him tell the prisoner the charge—he said he had done it and he was very sorry—he could not account for it at all, but he thought it was entirely through a dream—I asked him where the hatchet was that he had committed the assault with—he said it was up stairs—I said, "Can you tell me where I shall find it?"—he said, "It is up stairs, but my son will give it you"—I was going up the stairs, and it was produced to me by the son; this is it—there were marks of blood upon it; they are not exactly visible now—as we were going to the station, the prisoner said, "Do put that out of sight, hide it, for I hate the sight of it."
JURY. Q. Which part of the hatchet was the blood upon? A. On the pole, the thick part of it.
GUILTY on the First Count. — Death recorded.
ADJOURNED TO MONDAY, MAY 9TH, 1859.