CENTRAL CRIMINAL COURT.
WIRE, MAYOR. EIGHTH 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, June 13th, and Tuesday, June 14th, 1859.
PRESENT.—The Right Hon. the LORD MAYOR; Sir JAMES DUKE, Bart. M.P. Ald.; Mr. RECORDER; Mr. Ald. CARTER; Mr. Ald. LAWRENCE; Mr. Ald. MECHI, and ROBERT MALCOLM KERR, Esq.
Before Mr. Recorder and the First Jury.
The particulars of this case were not of a nature for publication.
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY to the uttering.**— Confined Eighteen Months.
NEW COURT.—Monday, June 13th, 1859.
PRESENT.—Mr. Ald. LAWRENCE; Mr. Ald. MECHI, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Third Jury.
MR. COOPER conducted the Prosecution.
WALTER HOLMES (Police-Serjeant, F 3). On 19th March I was on duty in Lincoln's-inn-fields—I watched the prisoner and his two sons—I followed them from there to Fleet-street—I saw his son Francis enter from ten to a dozen shops—the father waited a few yards off on the opposite side of the way, and when the son came out they had some conversation—they went on till they got to Mr. Edmeads, where Francis entered, and his brother John looked out; the father went on the opposite side of the street—Francis came out of the shop with this concertina, holding it in front of him—he walked a few yards down Fleet-street and there John took it from him, and they went down Whitefriars-street—I passed by the prisoner and went after the two sons—I ran across—a civilian ran with me—he secured Francis, and I secured John—a policeman came up who knew me—I gave Francis to the policeman, and ran back instantly for the father—he was then missing—I knew where he lived—I went to his house and waited for his coming home; he did not come—he deserted his family—I did not see him till 21st May, when I saw him in Holborn—he was bending down to speak to two children—knowing his voice I called to him to stop—I told him I should take him in custody for being concerned in stealing a concertina in Fleet-street—he said, "Mr. Holmes, I think you have had quite sufficient; and he said he had a few shillings in his pocket which he offered me"—he then asked what he should get—I told him that did not apply to me—he said, "It is a bad job, I suppose I shall get two years"—I took him to the station—he had got about 6s. in his pocket.
Prisoner. Q. Can you say that I knew they were going to steal this? A. I am satisfied you knew what they were about—you saw them as well as I could.
COURT. Q. Was he standing in such a position that he could see? A. He was standing right opposite the shop—the instant the boy went in he went to the opposite side and there stood all the time he was in.
WILLIAM EDMEADS . I am a piano-forte maker in Fleet-street—on 19th March, about 3 o'clock, I left my errand boy in my shop—I was called down and found the boy was gone—Holmes produced this concertina to me—it is my property, and is worth about twelve guineas.
Prisoner's Defence. On that day I went out to try to take a lodging—certainly those two sons of mine were not going the right way—the eldest is 21 years of age, and the youngest 19—they were trying to get a living by selling pens and pen-holders—I met them and said to one of them, "I think it would be better for you to go to—person whom I named; I think he will give you employ"—they both walked down with me—they went into two or three shops—I said I would leave them and I walked on—I never saw them go in the shop, nor knew what was done for three hours after.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY , and received a very good character.— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined One Year.
PLEADED GUILTY .— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
ELIZA SHADBOLT . I am the wife of William Shadbolt of Brompton. About 1 o'clock in the afternoon of 22d April I got into an omnibus in Shoreditch—I had 2 children with me—when I got in there were several persons there—when we got between the Bank and St. Paul's the prisoner got in—she first took her seat opposite to me—I was sitting at the farther end of the omnibus, close to the back—no one could sit on the other side of me—the prisoner sat opposite me—but in 4 or 5 minutes she came and sat next to me on my left—while I was in the omnibus I put my hand in my pocket to get a biscuit for my little boy, and my purse was quite safe—I had in it somewhere near 8s., amongst which were 2 fourpenny pieces, 1 sixpence, 2 or 3 shillings, and 2 half-crowns—it was a dark purse, and it had a key belonging to a tea-caddy in it—when the prisoner sat beside me she seemed to look first on one side, and then the other, as if she wanted to get out—I had the presence of mind to put my hand in my pocket, and my purse was gone—I accused the prisoner of picking my pocket—she was still sitting next to me—from the time I put my hand in my pocket and felt the purse safe till I charged the prisoner with stealing it, she had never left my side—this is it—when I charged her with stealing it, she denied it, and said I must have dropped it, and she offered to hold my baby while I looked for it—I looked and found it close to her feet while she was holding the baby—there were other persons in the omnibus, and other females, but no one sat near me but the prisoner—I called the conductor, and told him I had been robbed, in the prisoners hearing; a policeman was called, and the prisoner was removed.
Cross-examined by MR. McDONALD. Q. How many persons were in the omnibus? A. There might be 9 or 10—a woman had not been sitting next to me before the prisoner came—there were other women in the omnibus—I cannot say how many—I know there were 4 children; there might be three women—it was not very cold—the sun came out nice and warm—I noticed that the prisoner was near her confinement, and I felt for her—she did not say when she got up from the place where she first sat down, "I cannot bear the draft"—when I accused her of taking the purse there were 9 or 10 persons in the omnibus, including the children—the policeman picked up this money; I did not—the prisoner did not ask me to search her if I blamed her for taking my purse—I did not speak low to her; I was in too much of a passion—it might be 10 minutes from the time I took the biscuit out of my pocket till I missed my money.
COURT. Q. Bid the prisoner get in when you were past the Bank. A. Yes; and when we got as far as Fleet-street she began to move about—when I put my hand in my pocket to pull out the biscuit she was sitting opposite me—I did not bring my purse out with my biscuit; it was quite safe in my pocket—I had other biscuits in my pocket quite safe—the purse
was clasped—the child was sitting in my lap on my left arm—my pocket was in the dress on the right side; it hung down under a flounce.
GEORGE HANDS . I am the conductor of that omnibus—I remember the prisoner getting in about the Bank—the prosecutrix got in at Shoreditch—the prosecutrix put her head out at the door and said, "A woman inside has robbed me of my purse"—the prisoner could hear what was said—she charged the prisoner with it, and she said, "You had better cull my husband, who is outside the buss"—I called a policeman, and saw him search the bottom of the buss, and find some money amongst the straw—I did not hear the prisoner make any answer when the prosecutrix said she had stolen her purse.
Cross-examined. Q. How many passengers were there. A. 9 or 10—there were 3 or 4 women, and some children—the prosecutrix sat on the off side, and the prisoner on the near side; and she went on the same side as Mrs. Shadbolt was—she sat nearer to the door; higher up.
COURT. Q. When they were both sitting on the same side, which was nearest to the door. A. I cannot answer that—I did not notice them till they both got up—I did not notice whether the prisoner appeared faint.
THOMAS GOODMAN (City-policeman, 345). I was called to the omnibus in Fleet-street—I found Mrs. Shadbolt near the door, going to get out—she told me she had been robbed, pointed to the prisoner, and said that it was her that robbed her—the prisoner heard it—she made no answer—I told her to come to the door—I told the conductor to hold her whilst I got in—I found 8s. 3d. amongst the straw—I conveyed the prisoner to the station—she gave an address which was false—when she was at the station she put this piece of paper in her mouth—I put my fingers to her lips, and told her to open her mouth, and took this paper out.
ELIZABETH HARRISON . I am searcher at Fleet-street station—I found a port-monnaie in the prisoner's dress pocket, and two shillings, a fourpenny piece, a two-shilling piece, and a sixpence—I found this domestic pocket tied round her, and half-a-crown and two shillings in it—there was no opening in her dress to get at that pocket.
NOT GUILTY .
NEW COURT.—Tuesday, June 14, 1859.
PRESENT—Sir JAMES DUKE, Bart., Ald., M.P.; Mr. Ald. CARTER; Mr. Ald. MECHI, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
PLEADED GUILTY .— Confined Two Years.
PLEADED GUILTY .— Confined Nine Months.
BROWN— PLEADED GUILTY .
DAVIS— PLEADED GUILTY .
Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .
There was another indictment against the prisoner.—See Fourth Court, Thursday.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE FREDERICK MULLINEUX . I am a City detective officer—I produce a certificate of a conviction (Read: "Central Criminal Court, October, 1850; John Wood and another, convicted of uttering counterfeit coin.—Confined One Year.")—the prisoner is the man—I was present at the trial.
WILLIAM FINCH . I keep the Admiral Keppel in High-street, Hoxton Old Town—on Monday, 9th May, about 11 in the morning, the prisoner came and asked for half-a-pint of porter—he put a counterfeit half-crown on the counter—I saw it was bad—I said "You are aware it is a bad half-crown"—he said he had been out on the drink on the Sunday and took it somewhere, but he did not know where; and he did not know it was bad—he felt about his pockets and took out a penny and tendered it to me—I asked why he gave me the half-crown when he had a penny—he said he picked it up off the floor in the bar—I said, "That cannot be, for you never stooped" I am sure he did not—he then asked me to return the half-crown—I said, "No; I shall keep the half-crown, and you too"—he said, "It is no use locking me up"—I said, "I shall do it"—I turned for half a minute, and he ran out—I went and fetched him back, and gave the bad half-crown to the officer.
JAMES BRISTER (Policeman, 59 N). I took the prisoner into custody on 9th May, at Mr. Finch's, and received this half-crown—the prisoner said he lived at No. 10, Leonard-street—there is such a place in Shoreditch—I went there to inquire, but I could not find that he did—I found on him one half-penny.
GUILTY .— Six Years' Penal Servitude.
MESSRS ELLIS and BODKIN conducted the Prosecution.
GEORGE FURNIVAL (Policeman, P 249). I produce a certificate. (Read: "Central Criminal Court, April, 1855.—Louisa Bentley, convicted of uttering counterfeit coin. Confined Six Months.) I was in the Court at the time—the prisoner is the person.
GEORGE FORRIE . I am a baker at Bayswater—on Friday, 29th April, the prisoner came about 9 o'clock at night for a half-quartern loaf—the price was 3 1/2 d.—I served her—she gave me a bad shilling—I put it in my waistcoat pocket—I had no other shilling there—I gave her 8 1/2 d. in change, and she left—I looked at the shilling in about five minutes afterwards—I had then no other money there—I ascertained that it was a bad
shilling—I put it in a cup on the mantelpiece—I gave it to the constable on 9th May—the prisoner came into the shop on that afternoon about half-past 2 o'clock—I recognised her directly she came in—she had a half-quartern loaf, and gave me in payment a bad shilling—I saw it was bad directly she put it on the counter—I asked her where she got it—she said from a gentleman in the street—I told her it was bad, and she was at my shop on the Friday week before, and passed a bad shilling—she said, "I never was in your shop before"—I sent for a constable, and gave her in custody—I gave him both the shillings.
Prisoner. I never was in the shop before. Witness. I am quite sure that she was and dressed the same the second time as the first—she was in the shop the first time, perhaps, about two minutes—I had to weigh the loaf—the gas was lighted—she stood near enough for me to see her—I had not seen her before—I did not see her between 29th April and 9th May—I found the shilling was bad about five minutes after she left.
JOHN GLAZIER (Policeman, T 113). I took the prisoner in custody on 9th May—I received these two shillings from the prosecutor—the prisoner said she had never been there before—nothing was found on her.
Prisoner's Defence. I had not been in the shop before—I did not know it was bad.
GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .
GRIFFITH PLEADED GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES DENNLER I keep the Swiss Tavern in Compton-street, Soho—on 6th May the two prisoners came in together—one of them asked for half-a-quartern of gin, which came to 2d.—I served them, and a half-crown was put down by one of them; I can't say which—I tried it, and it was bad—while I was trying it Walker said, "I have other money, give me that half-crown back"—I said, "No"—I did not say that the half-crown was bad; but they saw me trying it—I went to the door to look for a constable, and gave them in custody—just as the officer came they wanted to go out, and to the best of my knowledge, one wanted to go to the right, and one to the left—I took hold of them both, and kept them till the officer came—I gave the half-crown to the officer.
Walker. Q. Are you confident that I asked you for the half-crown back? A. Yes; and you pulled out money to pay—Griffith did not give me a good half-crown and I give him change—I believe my wife asked Griffith for the payment, and I believe it was paid with two pence—I did not receive a good half-crown.
GEORGE CASTLE (Policeman, C 69). On 6th May I was called about half-past 6, and received the prisoners in custody—I received this bad half-crown—Walker said, "I know this man very well, and he asked me to come in and have part of a pint of beer, and I did so; I know nothing of any bad money, I have got plenty of good money"—he had on him 2 half-crowns, 3 shillings, 2 sixpences, and one fourpenny-piece, which were good—I
took the prisoners to the station—they gave their address, 27, Drury-lane—I went, and they were not known there.
WALKER— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BRANNAN . On the 31st May, in consequence of instruction, I placed myself where I had a view of the Fleur-de-Lis public-house in Blossom-street, Spitalfields—I got there soon after 6 o'clock in the evening—an officer named Elliott was with me—I gave him some instructions, in consequence of which he went into the house—I remained watching on the outside, accompanied by Inspector Bryant, and other officers—I observed the prisoner Davis come to the door frequently and go back, and in going hack he disappeared from the front of the bar, apparently to the back part of the house, and on each occasion I saw different parties go in, and apparently hold some conversation with him—that took place several times while we were watching—after that I saw Haddon go in the house, and he and Davis appeared to me to be in conversation, and at that time Davis again disappeared towards the back part of the house—he returned again to where Haddon was—after that I saw Elliott seize Davis, and on his being seized we rushed across from where we were in view of the place, and I saw Davis throw from his hand a paper parcel into the bar—it went under the beer engine—I picked up 5 counterfeit shillings in the sink, and under it one on the floor—they were all wrapped up separately in paper, except the one that was loose on the floor—I found a portion of the paper in which they were inclosed, and some of the coins came undone—Bryant picked up a piece of paper which contained coins under the sink where the shilling laid—I saw another officer take Haddon by the hand, and take from his hand a packet which contained 4 counterfeit shillings—we pushed the prisoners into the back part of the place, and I said, "Well, Mr. Davis, I have received instructions from the authorities of the Mint to look after you for dealing in counterfeit coin, and this is the fourth public-house I have traced you to during the last 18 months"—he said, "Very well, Sir"—they were then taken in custody.
Cross-examined by MR. RIBTON. Q. Were there many persons there? A. I think there were from seven to ten from the bar to the tap-room—it was about half-past 7 o'clock in the evening—I had not seized Davis before I saw him throw away the packet—he was in the hands of Elliott—I was on the opposite side, and ran across—Elliott had him, and wag endeavouring to catch his right hand, and while ho was doing that, he threw from his right hand a paper packet inside the bar door, which was partly open—it fell in the sink, and the packet came undone—it broke from the force—there were three or four there whom I knew to be utterers of counterfeit coin—some of them we stopped—there were a great many utterers there, both that night and the night before—they were close to Elliott at the time—some of them rushed by him to get out, and some ran in the tap-room—I am not aware whether any went up stairs—it is not a small place in front of the bar—when I went in there were Elliott and Davis, and a good many others—I took up the packet of coins out of the sink—I did not say anything to Davis at that time—I showed him the coins in the kitchen.
Cross-examined by MR. LILLEY. Q. You say there were many persons in front of the bar. A. Yes—I don't know a person of the name of Stitchbury; he may have been there—I know the master for whom Haddon worked—I don't recollect that I saw him there—I have great pleasure in stating, that I have made inquiries, and find that he has been in his employ for a number of years—when I first went in, Haddon was standing in front of the bar—there were forms at some distance from the bar against the wall—I can't say that I observed a man there with a light Guernsey frock on—I did not observe an old man and the landlady folding some conversation—the landlady seemed very much excited—there were some women in the tap-room—I did not count them—I saw Haddon searched—I believe good money was found on him.
MR. BODKIN. Q. Are you sure it was Davis' hand that threw the parcel? A. I am positive of it—I had some conversation about these counterfeit shillings in the kitchen—I said to him, "Here is a packet I picked up that you threw away"—we were about to search further, and he said, "I can save you the trouble; you will find no more here."
ARTHUR ELLIOT (Policeman, G 104). I went to that house with Brannan on 31st May—I saw Davis standing in front of the bar—it was about half-past 6 o'clock—I did not see Haddon at that time, I saw him at nearly 7 o'clock—he spoke to Davis for two or three minutes, and on that Davis went to the back part of the house—I saw Davis again in about two or three minutes, he again whispered into Haddon's ear—I could not get near enough to hear what it was—he passed something from his right hand into Haddon's left hand—I could not see what it was more than it being a paper packet—Haddon called for a pint of half-and-half, and they both drank together—after a few minutes another man came in and whispered to Davis—Haddon was then standing at the bar, but he might not have heard that—Davis then left the bar and went to the back of the house, and remained about the same time as before—he returned, and as he came near the tap-room door I seized him—I told him I was a police constable—he threw something from his right hand over the bar—he followed into the tap-room—the door was open—he said, "I am done"—there were several persons inside—the other constables came in.
BENJAMIN BRYANT (Police-inspector, G). I accompanied the other constables to the public-house—I ran across from where I was to the public-house when I saw Elliott seize Davis—I saw Davis in custody of Elliott—I saw Davis throw a paper parcel from his right hand—it fell in the beer engine—I picked up six counterfeit shillings wrapped in paper—the prisoners were secured—I took Davis with the assistance of other officers into the kitchen; he was searched and 7 sixpences and 2s. in copper, all good, was found on him—I heard Mr. Brannan tell him that he had seen him throw the counterfeit coin away, and I showed him the 6 shillings that I had—he said, "You need not search any further, you will find no more."
THOMAS MILLER (Police-serjeant, G 6). I went with Elliott and Brannan—I saw them seize Davis—I caught Haddon and took from his right hand four counterfeit shillings, wrapped up separately in paper—he resisted very much at first—with assistance I took him in the back part of the place where Davis was—I found on him 2 florins, 1 shilling, 1 sixpence, 3d. in copper, and a key.
Cross-examined by MR. LILLEY. Q. When you first went in, was Haddon in the bar? A. Yes, we all rushed in together; there were four of us, I
believe—I saw Haddon was in, but I did not see him go in—I don't know his master—I believe he is a coach web weaver—when we rushed in, there were some persons leaving.
JAMES BRANNAN , junior (Police-serjeant, G 21). I assisted in securing Haddon—I saw the last witness take from his right hand a small paper packet which he afterwards showed me—it contained four counterfeit shillings.
Haddon received a very good character.
DAVIS— GUILTY .— Confined Two Years.
HADDON— GUILTY.—Recommended to mercy by the Jury, on account of his previous good character .— Confined Six Months.
ROBERT ADAMS (Policeman, E 109). I produce a copy of the prisoner's conviction (Read: "Central Criminal Court, November, 1858; Thomas Henry Reeves, convicted of uttering counterfeit coin. Confined Six Months")—the prisoner is the person—I had him in custody.
FREDERICK AADERSEA . I live with my grandmother who keeps a Post-office in Edgeware-road—on 25th May, I saw the prisoner in the shop about half-past 8 o'clock in the evening—he asked for a shilling's worth of postage stamps—I gave them to him and he gave me a bad shilling—when he saw me look at it he took up the stamps and ran out—I called after him, ran after him, gave an alarm, and ho was stopped by Martin in about 10 minutes—I had kept the shilling in my hand—the prisoner said he had not been in the shop—I had not lost sight of him.
BENJAMIN MARTIN (Policeman, D 267). I heard the cry of "Stop thief!" on 25th May, and saw the prisoner running—I stopped him, and said he was given into my custody for passing a bad shilling—he said that he did not go into the shop at all—I found on him one shilling and one penny, but no stamps—he was about a quarter of a mile from the shop when he was stopped.
Prisoner. I never was in the shop—I never had any bad money at all.
COURT to FREDERICK ALDERSEA. Q. Did you lose sight of him when he left the shop? A. Not above a minute—when I saw him again he was about one door from the shop—there was nobody near him—he was running, and I ran after him—he ran down Chapel-street.
GUILTY .— Four Years' Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the prosecution.—
PHILLIPA JACKSON . I am assistant to Mr. Jackson, a licensed victualler of Whitefriars-street—about half-past 6 o'clock on 13th May I was attending to business, and the prisoner came in for twopenny-worth of gin—I served him—he gave me half-a-crown—I put it in the till—there was no other half-crown there—I gave him change—in about twenty minutes after my attention was called to the half-crown—Mrs. Jackson went to the till—there were then two half-crowns there—another half-crown had been taken, and one of them was bad.
COURT. Q. Are you sure the prisoner is the person? A. Yes, quite sure—I had not seen him before—I did not see him afterwards till he was
before the Magistrate—I suppose he was in the house about ten minutes—it was not dark—I knew him by his features and by his velvet cap—I saw him again the day afterwards in the cell with about five others.
Mr. BODKIN. Q. Had you any conversation with him about the change? A. Yes, I gave him 2s. 4 1/2 d. instead of giving him 2s. 4d.
MARY ANN JOKES . On 13th May I saw the prisoner at the public-house between 6 and 7 o'clock. Phillips Jackson was there, and served him—I did not see the money he gave her—he said that Miss Jackson gave him 2s. 4 1/2 d. instead of 2s. 4d.—I got the halfpenny back—I do not recollect that I put a half-crown into the till, not a bad one—I was not serving—I did not take any bad money after he was gone—I saw the prisoner again on the following morning—I knew him again as being the man who was there before—he came in front of the bar, and Miss Jackson called my attention to him as having been there before.
MARY JACKSON . My husband keeps the public-house—I went to the till in the evening, and found two half-crowns there—one was good and the other bad—I had not pat the good half-crown in the till—we were at tea—I gave the bad half-crown to Mr. Jackson—about half-past 11 o'clock the next morning the prisoner came in again—he asked for half a pint of porter—it came to 1d.—he offered me a bad half-crown—I spoke to my husband, and he asked the prisoner where he got it—he ran out at the door—Mr. Jackson ran after him, and gave him in custody.
Prisoner. I was not in the house on the Friday evening. Witness. I saw a person in the bar who I thought was him.
NICHOLAS LANE JACKSON . I recollect my attention being called to this on Saturday morning, 14th May, by my wife—I asked the prisoner where he got the half-crown—he made a very unintelligible answer—I said I would go with him and see where he got it—I left to get my coat and hat, and at that instant I saw him bolt out at the door—I ran and chased him about 100 yards—he was stopped, and I gave him in custody—I gave both the half-crowns to the officer.
Prisoner's Defence. If I had been in the house on the Friday they cannot prove that I gave the bad half-crown.
GUILTY of the uttering on the 14th. —
Confined Six Months.
BROWN— PLEADED GUILTY .— Confined Nine Months.
MARSH— PLEADED GUILTY .— Confined Six Months.
MESSRS ELLIS and BODKIN conducted the Prosecution.
JANE HOWS . My father keeps a pork shop in Northampton-row—on 11th May I was in the shop—the prisoner came for two ounces of meat and some peas pudding—it came to 2d.—he gave me a shilling—I put it on the counter, and gave it to my father directly—I saw the prisoner in custody about ten minutes afterwards.
JAMES PAXTON . I am in the service of Mr. Watts, a grocer at Holloway—on Wednesday, 11th May, the prisoner came about half past 8 o'clock at night for half an ounce of tea—the price was 1 1/2 d.—I served him—he gave me a shilling—Mr. Gibson came in and took the shilling and bent it—he had a scuffle with the prisoner, and detained him.
WALTER GIBSON . On 11th May I saw the prisoner go into the last witness's shop, and offer a bad shilling—I went in and said, "Let me look at that shilling"—I took it up and bit it nearly in two—I told the prisoner it was bad—I said, "There is a gang of you outside; I have been watching them; I shall detain you till an officer comes and takes you in custody"—he said, "Will you?"—I said, "Yes," and I put my hands round him—he was very violent, and tried to bite me—he broke my chain and took up a pound weight and struck me in the mouth—I was obliged to throw him down—I kept the shilling till the policeman came, and gave it him.
WILLIAM WAGHAM (Police serjeant, N 62.) I took the prisoner, and produce the shilling I received from Mr. Gibson—this other shilling is what I received from Mr. Hows at the station—I found so money on the prisoner.
GUILTY .— Confined Twelve Months.
MESSRS ELLIS and BODKIN conducted the Prosecution.
GEORGE LOGDEN . I keep the Holloway Castle public-house in Camden-road—on 19th May the prisoner came there between 5 and 6 o'clock in the evening with another man and asked for a bottle of ginger-beer and a pint of porter—one of them drank one, and the other the other—the prisoner put down a shilling—there was some of the ginger-beer spilt on the counter, and the shilling got wet—I gave change, and put the shilling in the till—there was other money in the till, but no other shilling—I put the shilling on the top of the other money—the prisoner and his companion remained one or two minutes, and then his companion called for a Pickwick, which came to a penny—the companion paid for that with a shilling—I tried that shilling with my teeth—it turned out to be bad—in consequence of that I opened my till and pulled out the other shilling all wet as it was—I found that was bad as well—I said they were both bad together, and I rang the bell for the waiter to call the policeman—the prisoner's companion made a bolt out at the door and got off—I detained the prisoner—the prisoner said he had pawned something in the morning and had got the shilling which he had given me from the pawnbroker—I told him it was my belief that his companion had got the swag—he said he knew that he had got none in his pocket—an officer came and took him in custody—I gave him the 2 shillings—there was no one in the bar but me.
Prisoner. Q. What remark did I make when the other man went away? A. You made no remark, only that you had no bad money about you—you might have got out at the time that the other man escaped.
The prisoner put in a written defence, stating that he received the money from a stranger who had employed him.
NOT GUILTY .
MESSRS. ELLIS and LILLEY conducted the Prosecution.
CAROLINE LANE . I am the wife of Robert Lane, who keeps the Feathers public-house in Long-acre. On 17th May, between 3 and 4 o'clock in the afternoon, the prisoner and another man came to the house—the prisoner asked for half a quartern of gin—I served him, and the other man put down in payment a bad 2s. piece, which the prisoner gave him—I tried it; it was bad, and it bent very easily—I put it on the counter and said, "This is a bad one"—the prisoner picked it up and put it in his mouth—I asked him to give it me again—he said, "What do you want with it if it is a bad one?"—the other man was then going to drink the gin, and I pulled it from his mouth—I wanted payment for it, and the prisoner put down 2d.—he was very abusive, and my husband sent for a policeman—the 2s. piece was not found—the prisoner produced a good one from his pocket—I am positive the one I had in my possession first was a bad one, it bent so easily—the other one which he produced was not bent—he had bitten it in several places round, to make us believe that was the other—I saw nothing of the other one after he put it in his mouth.
Prisoner. Q. Was there not more men in front of the bar? A. Yes, there were—you gave me the good 2s. piece, and I took it—I know it was not the same money—the policeman did not look at the second 2s. piece, and say it was a bad one—my husband was not going to strike you—you said, "What a b—y fine man you are; I have a good mind to punch your b—y head for locking the door against me.
FREDERICK WINCHESTER (Policeman, F 139). On 17th May I was called to the Feathers public-house—I found the prisoner—the landlady accused him of passing a bad 2s. coin, and she said he had put it in his mouth—I searched him, and found a good 2s. piece, and 1 1/2 d.
Prisoner. Q. Were there not two other policemen came in? A. Yes—neither of them said that the last 2s. piece was bad.
MR. LILLEY. Q. Was the good one you found on him bent? A. No; it had several little marks on it, which seemed to be caused by the teeth—he was allowed to go about his business.
ALEXANDER WILSON . I keep the Mitre in St. Martin's lane—on Saturday, 21st May, I saw the prisoner at my house about six o'clock in the evening—he called for half-a-quartern of gin—the price was 2d.—I served him, and he offered me a bad half-crown—the moment he put it down I saw it was bad—I told him so, and he said, "You be d—d about that; let me have it"—I said, "No;" and I told him if he did not go away, I would give him in charge—he was very abusive—he went away, and I followed him—he said, "What do you follow me for"—I said, "I want the money for that half-quartern of gin—I will follow you till I find a policeman, and give you in charge"—he went down to the Adelphi under the arches—I said, "I don't go down under these dark arches any further"—a policeman came up, and I gave him into custody.
JOSEPH BURCHER (Policeman, 52 F). The prisoner was given into my custody between 8 and 9 o'clock—I got this half-crown from Mr. Wilson—the prisoner said he did not know it was bad—he had been to Victoria Park, and changed a sovereign in the city—he said he lived in Newton-street, Holborn—I went there, and no such person was known—I found on him five shillings, one half-crown, one sixpence, and 1s. 1d. in copper.
Prisoner. There are two lodging houses in that street. Witness. You told me the door was opposite the pump. I went there, and you were not known—you asked the Magistrate to let a policeman go with you, and you
would show him the house opposite the Mansion-house where you changed the sovereign—you said you changed it in Bedfordbury.
Prisoner. When I went to Mr. Wilson's I had 4 half-crowns and a 2s. piece—the landlord said the half-crown I gave him was bad; and, of course, I left his house—I did not know the half-crown was bad—I never had the 2s. piece at Mrs. Lane's—the man with me had the 2s. piece—we went to the Fountain public-house, in King-street; and he called the potman and sent him for change of the 2s. piece.
GUILTY .— Confined Nine Months.
THIRD COURT.—Tuesday, June 14, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CARTER; Mr. Ald. MECHI; and ROBERT MALCOLM KERR, Esq.
Before R. M. Kerr, Esq., and the Fifth Jury.
PLEADED GUILTY .
His father stated that he had had a month's imprisonment before, for detaining 2s. from his master. Judgment respited.
572. SAMUEL FULLER (26) , Stealing 2 bracelets, value 2l., and 2s. in money, of Charles Packer, his master; also, stealing 2 rings, a knife, and a locket, value 3l., of Charles Grege; to both which he
PLEADED GUILTY .— Confined Six Months.
MR. LILLEY conducted the Prosecution.
SUSANNAH WHITE . I am the wife of Henry John White, of 5, Grosvenor-road, Highbury New Park—on Saturday, 21st May, about two o'clock, I was returning home, and was within a few houses of my own door, when I saw the prisoner meeting me; and when within a few yards of me, he dodged me, then gave me a slap across the eyes; and I found my eyes and mouth full of what seemed to be snuff—it was very hot—he then snatched violently from my hand my purse, which contained two half-sovereigns—I ran after him, calling, "Stop thief"—the powder inflamed my eyes, and caused them to be very painful—I saw the prisoner knocked down and taken, a hundred yards off, but did not see who by—it was outside a shop—he had ran away, but I had not lost sight of him—this is my purse (produced)—it was given me by a person—it had half-a-sovereign in it when I received it back—the powder in my eyes did not disable me from seeing the prisoner as he ran away.
Cross-examined by MR. RIBTON Q. It did not enable you to see better, I suppose? A. No; this was all done in a moment—I saw the prisoner on the ground, about 100 yards from where I was robbed, in a turning into Highbury-grove—I saw him running till he was knocked down—there were other people in the Grove, and I was close after him—there were a great many persons about him—I cried "Stop thief!"—the powder pained my eyes, and I took out my handkerchief and rubbed them—some of it remained on my face afterwards—it was black—I suffered pain all the evening.
MR. LILLEY. Q. Was there such a crowd as to prevent your seeing the
prisoner? A. No, I did not use my handkerchief so as to prevent my keeping sight of him.
DAVID HUMPHREYS . I am a lath-render of No. 9, Coleman-street, New North road—on Saturday, 21st May, about 2 o'clock, I was going up Highbury-grove, saw a crowd, and heard cries of "Stop thief! stop him!"—I saw some people running, and a lady—the prisoner was running first, and I caught him—there was nobody running before him—he requested me to let him go—then he struggled very violently, and next he tried to hit me in the face—I tripped him down, and he was held by two men till assistance came, and was then given in custody—while he was struggling I saw a boy pick up a purse about two yards from the prisoner, with a half-sovereign in it—he handed it over to Mrs. White immediately.
Cross-examined. Q. What distance were you from Highbury-grove? A. In Highbury-grove, from eighty to ninety yards from the corner of the Grosvenor-road—it was on the railway bridge—there were six or seven people altogether, and I caught the first—I did not hear him call "Stop thief!"—the lady came up in about ten minutes or less—I saw her face—it was darkened over with some stuff—I thought she had been tumbling down in the dust when I saw her first.
EDWARD KITCHEN (Policeman, N 493). I went to Highbury-grove at a few minutes after 2 o'clock, and found the prisoner and two men—I took him in charge, searched him at the station, and found on him this small bag (produced), containing a dark powder similar to what I noticed on the lady's face, who I saw waiting in a shop, and her face was smeared with black—the prisoner's fingers were black.
Cross-examined. Q. Was the bag in this state when you found it? A. Yes, there is a trifling quantity of powder in it now—the lady was sitting in a grocer's shop in a state of exhaustion—I saw her again after she had washed her face, and it had a very different appearance.
MR. SELBY. Q. What is that powder? A. It is similar to soot.
The prisoner received a good character.
— GUILTY—Strongly recommended to mercy by the jury on account of his character. — Confined Eighteen Months.
MR. MCDONALD conducted the Prosecution.
EDWARD SANDELL . I am engaged with my father as accountant—on 27th May, about noon, I was passing the Sunday Times office, and saw a list of races outside—there were a number of people there—I had a watch in my left pocket, and the chain was fastened to this button-hole—I stayed about two minutes—the prisoner stood on my right, and faced me sideways—I felt a jerk at my watch guard, and saw the chain come back from where the prisoner stood, and then saw his hand go down—I seized him by the left hand, and said, "You have stolen my watch"—he said, "It is not me, it is that man by the side of me"—I walked with him to the corner of Bride-lane—he then shook himself off—I, followed him to a public-house in Bride-lane, and gave him in custody—I have never seen my watch since.
Cross-examined by MR. LEWIS. Q. How long before had you seen it? A. About twenty minutes, or it might have been a quarter of an hour—when I accused the prisoner he did not say, "It is not me, it must be that man a the side of me;" he said, "It is that man by the side of me"—he did not run when he forced himself from me, but he walked quickly, and I followed him close.
COURT. Q. Where did you give him in custody? A. At the public-house
in Bride-lane—there was a crowd of betting men about there the public-house is about twenty or thirty yards up Bride-lane—I did not lose sight of the prisoner for an instant.
THOMAS HENRY DORVILLE . I am articled clerk and manager to Mr. Dobbs, a solicitor—on 27th May, about 12 o'clock, I was passing the Sunday Times office, and saw a crowd at the door—I saw the prosecutor and prisoner close together—I was behind them—I saw the prisoner's right hand drawn sharply down among four or five men—it appeared to come from the prosecutor, who said, "You have stolen" or "You have taken my watch," and he seized the prisoner by the wrist—the prisoner said, "I have not," or "It is a lie"—the prosecutor laid hold of him by the upper part of his left sleeve, and walked with him to the corner of Bride-lane—he wrenched himself away, and went through a crowd of men who are always standing there—the prosecutor and I followed him—the prosecutor got close to him—they walked down the lane together, and the prosecutor gave him in charge close to a public-house—I never lost sight of the prisoner.
Cross-examined. Q. How many persons were there at the Sunday Times office? A. Twenty or thirty—I was about two yards and a half from the prosecutor when I saw the hand drawn from him—there were four or five men on one side of the prosecutor, and seven or eight on the other, because he was at the back of the whole body of the people; but there was nobody so close to him as the prisoner, I swear that—they were so close that I could only just keep on the kerb without going into the road—the prisoner may have been a foot from the prosecutor; I do not think it was less.
MR. MCDONALD. Q. Were the thirty people in, small groups? A. Yes—the four or five persons who were close to the prisoner were those his hand went amongst—they appeared to me to be covering the prisoner instead of looking at the racing list—I say that because as soon as his hand went among them they dispersed—they stood very close together, and were about the prisoner's appearance.
JOHN BRYAN (City policeman, 389). The prisoner was given in my custody about 12 o'clock on 27th May, in Bride-lane, charged with stealing a watch from the prosecutor—I took him to the station, searched him, and found on him a tobacco box, a knife, and a latch key—he gave his correct address.
Cross-examined. Q. Did the prosecutor give the prisoner in custody or did he give himself? A. The prosecutor gave him in custody—the prisoner did not say, "I am charged" in such and such a manner.
GUILTY .**†— Three Years' Penal Servitude.
MR. HORRY conducted the Prosecution.
JESSE MILNES . I am the wife of William Milnes, of the Duke of Wellington public-house, Hackney-road—on 10th June, about 8 o'clock in the evening, I was in a cab in Finsbury-square, going to Weston's Music-hall—I had my purse in my hand, and, as I was pointing out Finsbury-square to my friend, I dropped either a sovereign or a half-sovereign out of my purse—I called out, "Hold hard, cabby, I have dropped some money," and put my head out at the window—in consequence of what the cab-driver told me I told him to follow an omnibus which passed on my right hand side, as my back was to the cab, that was the same side as my land had been—we overtook the omnibus in Threadneedle-street, and I got out and spoke-to the
prisoner, who was the conductor—I said, "I should thank you for my money you picked up"—he said that he had not picked up anything—I told him I should go with him till he gave me the money—he used abusive words, and literally pushed me into the omnibus—I stopped in it till it arrived at London-bridge Railway Station, where he demanded 4d. for my fare—I said that when he returned me my money I would pay him and not before—a policeman came up, and I gave him in custody, and said in his presence that I had lost some money, I would not swear whether it was a sovereign or a half-sovereign—he said that he had not picked up anything, but afterwards threw down half a sovereign, and said, "I have not picked up a sovereign, that is what I picked up."
Cross-examined by MR. LILLEY. Q. Was it a dirty day? A. No; the roads were watered—I did not notice whether the streets were watered, I was so excited at losing my money—I was driving to Holborn—when I was before the Magistrate I withdrew the charge, and I would willingly forgive the man.
JOHN HUNS . I am the driver of a hackney-carriage, and live at 10, Harrison's-place, Hackney-road—on the evening of 10th June I was driving Mrs. Milnes along Finsbury-square, and in consequence of what she said I turned the cab round and saw the prisoner jump off an omnibus monkey-board, pick up something, and go on again—I turned round as quick as I could and went after him—he went like this (Rubbing his hands together)—I came up to him at the end of Moorgate-street, and said, "Here, the lady wants you; you have picked up a sovereign which she has dropped"—he smiled, and said, "I picked up nothing"—the omnibus went on again to the end of Threadneedle-street, and the lady got out of my cab and got into the omnibus—I followed over London Bridge—when he got there he asked the lady for 4d.—she said, "Give me my sovereign and I will give you your 4d.—he said that he had picked up nothing—the lady gave him in custody, and went to Southwark police-station, where the prisoner said, "I have not picked up a sovereign; here is what I picked up," producing a half-sovereign, which the inspector took.
Cross-examined. Q. Was it a dirty day? A. The roads had been watered, but were partially dried up; they were slippery—there were various passengers inside the omnibus—there were several persons near the door—I said to the prisoner, "The lady wants you; you have picked up a sovereign"—he did not say, "No I have not, but I have picked up something"—the omnibus was starting at the time—there was a little bit of a crowd, and it could not get on.
COURT. Q. Did you speak to the prisoner at all in Finsbury-square? A. Not in the square; the buss did not stop—he jumped down as it was going on, and picked it up—he said nothing to the driver—I did not notice what omnibus it was—I noticed the conductor—I think it went rather sharper than usual—I could scarcely keep up with it with my horse, and had to flog him to keep up—I did not call out to the prisoner to stop; he was rather too much ahead—I saw "Royal Oak" written on the omnibus.
WILLIAM TOWERSEY (Policeman, A 472). On 10th June, about 8 o'clock in the evening, Mrs. Milnes gave the prisoner in my custody for stealing a sovereign—I took him to the station—on the way there he said, "I have not found a sovereign, but I have found something;" and he said at the station, "I have not found a sovereign, but I have found a half," laying it down, and the inspector took it up—he did not say in my hearing that he had not found anything.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
GEORGE. JOHN MC DONALD CLIGHTON . I am clerk to Messrs. Ommanney, navy agents and bankers of Charing-cross—I took this box (produced) to St. Catharine's-docks to be shipped on board the Hastings—this is my direction on it—it was to go to New Zealand—I left it in the dock company's establishment in the dock.
JOHN RICHARD CHAPMAN . I am clerk to Messrs. Willcox, Gum, & Co. ship-brokers—they were the charterers of the Hastings—on 10th May I saw this box placed on board the Hastings, and afterwards saw it between decks—the vessel was at that time afloat in St. Catharine's-docks—the box appeared perfectly safe, and was done up.
CHARLES WILSON . I am a constable of the East and West India-docks—on 25th May I met the prisoner in London-street—knowing him, I stopped him and took him to the West India-dock Company's warehouse, where he tried to swallow something, but I threw him down, choked him, and took these four duplicates (produced) from his month—on examining him I found this chisel and these two pistols—I have fitted the chisel to the box and it fits it well.
Prisoner. I put them into my mouth and you caught me by the throat? Witness. Yes, because you would not disgorge them—I was obliged to get a medical man to give you a restorative.
JAMES COOMBES . I am assistant to Mr. Cooper, a pawnbroker of 7, Cannon-street-row—I produce a pair of boots pledged by the prisoner on 23d May—these tickets produced by the officer are duplicates of these which I hold in my hand—he was alone—I did not see him before he came in, or after he went out.
ROBERT BELL CHILVER . I am assistant to Henry Fuller, a pawnbroker of the Commercial-road—I produce a pair of boots, pledged on 22d May, just after noon, by the prisoner, for 4s.—I have compared the duplicate with the one the officer has, and they correspond—the prisoner was alone—I asked him no questions—the shop is about half a mile from Mr. Cooper's.
CHARLES POTTEN . I am assistant to Mr. Turner of 16, Capel-street, Wellclose-square—I produce a pair of shoes pawned by the prisoner on 23d May, in the morning, I believe—I have compared the duplicate with one which the officer has, and they correspond—I never saw the prisoner before or afterwards—no questions were asked about them; they are the class of shoes which sailors wear—they often pledge their shoes when they come home.
JOHN KENNETT WESTFIELS . I am apprentice to John Savage, a pawnbroker of 17, Whitechapel-road, about a quarter of a mile from the other pawnbroker's—I produce a pair of boots pawned by the prisoner on 24th May—he was alone—I have compared the tickets, and they correspond exactly.
ALEXANDER DONALDSON . I am a boot-maker of 74, George-street, Edinborough—these boots and shoes are my make—they were packed up in the box (produced) and directed to Messrs. Ommanney by me—the other things were all packed at the same time.
Prisoners Defence. I got into conversation with a sailor who said that he brought these shoes from New York, and did not like to pawn them—I said I would pawn them if he would sell them to me—if I had known they were stolen should I have gone and got one pair out and wore them.
GUILTY of receiving. —He was further charged with having been before convicted.
JOHN GEORGE . I am a constable of the London-dock Company—I produce a certificate (Read: "Middlesex Sessions, September, 1858; James Williams, alias Beasley , convicted of stealing a coat, waistcoat, and pocket-book. Confined Six Months.") The prisoner is the person.
GUILTY.**— Four Years Penal Servitude.
There was another indictment against the prisoner.
OLD COURT.—Wednesday, June 15th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; MR. JUSTICE CROMPTON; MR. BARON BRAMWELL; Sir CHAPMANM MARSHALL, Knt. Ald.; Sir JAMES DUKE, Bart. M.P. Ald.; Mr. Ald. CASTER; Mr. Ald. ROSS; and Mr. Ald. MECHI.
Before Mr. Justice Crompton and the Second Jury.
PLEADED GUILTY .— Confined One Month.
MESSRS. BODKIN and JACOBS conducted the Prosecution.
WILLIAM WALTER KING . I am a manufacturing chemist of 15, Percy-street, Bedford-square—I have known the prisoner thirty years; in the beginning of last year he was a grocer, in Holborn—he became indebted to me—I am the petioning creditor under his bankruptcy—on 19th November last he was indebted to me about 86l. for money advanced.
THOMAS COLLINGS . I am clerk to the messenger of Mr. Commissioner Goulburn—I have the proceedings in the prisoner's bankruptcy—I produce an office copy of the declaration of insolvency, filed 19th November, 1858.
JOHN KIBBLE . I am a clerk in the office of the chief registrar of the Court of Bankruptcy—I produce the original declaration, filed on 19th November, 1858—I filed it myself—I also produce the Gazette containing the advertisement of this bankruptcy.
MR. KING (re-examined). I know the prisoner's writing—I believe this declaration to be his writing.
THOMAS JOHNSON . I am a solicitor in High-street, Marylebone—I was solicitor to the petitioning creditor in this bankruptcy—I am the attesting witness to this declaration—I saw the prisoner execute it—(The declaration was here read, dated 19th November, 1858; also the Gazette of 23d November, 1858.)
MR. KING (re-examined). This is my writing.
MR. JOHNSON (re-examined). This is my signature as the attesting witness.
JAMES HULL . I am assistant to one of the messengers of the Court of Bankruptcy—I was employed as assistant messenger under this bankruptcy—I went to the premises of the bankrupt for his books—I collected all I could find, which is our usual practice, and then I inquired if he had any others—his reply was that we had got them all—I cannot identify this cash-book (produced)—there was one cash-book, but whether this is the one I cannot say—I made a list of what I found—I delivered all I found to the official assignee's office, to Mr. Hart, a clerk in the office, with a list of the same—I made the list before I took them from the premises—a clerk named Jacobs signed the book containing the list; he was there, and he received them—I gave the books to him, but Mr. Hart was the chief clerk in the office.
Cross-examined by MR. LAWRENCE. Q. But you delivered the books to Mr. Jacobs? A. Yes; I cannot recollect how many there were.
OBADIAH JACOBS . I am clerk to Mr. Nicholson, the official assignee—I received from Mr. Hall some books referring to this bankruptcy—I marked them—this book (produced) has my mark; it is one that I received from him—I marked them all—this is marked "Re Francis Ingham, No. 4 5/6 3—after I had marked it, I handed it with others to Mr. Hart, who was at that time a clerk in the same office.
GEORGE HART . I am an accountant—I was engaged in the preparation of the bankrupt's balance-sheet, on his behalf; for that purpose his books were handed to me by the official assignee—this book is one that was handed to me—I had a conversation with the bankrupt on the subject of this book, I think on 22d November—I got the book that day—I told the bankrupt that the official assignee was of opinion that this book was one that was all made up at the same time—he made no observation at that time—next morning he came to my office, and brought in his hand this other book—it is marked "Re Francis Ingham, No. 4 5/6 6"—that is a mark made in the official assignee's office—he told me that he had been very greatly troubled in consequence of what he had done, or words to that effect, that the book which I had in my possession the day before, was a fictitious one, and that the book he then produced was the correct genuine cash-book; he also requested me to see the official assignee, and to tell him this—I did so, and handed the book over to the official assignee—the figures in the genuine book have been cast up by my clerk, and checked by me—the amount on the receipt side is 4,150l. 19s. 7d., and the payments 3,801l. 10s.; the entries in the other book have not been checked by me—that has been done by the official assignee's managing clerk since the bankruptcy—on 6th June, 1857, there is an entry of 8l. 10s. 6d., in the genuine book it is 25l. 13s.—on the 1st July there is an entry of 3l. 1s., in the genuine book it is 4l. 15s.; on 1st January, 1858, here is an entry of 5l. 1s., and in the genuine book it is 7l. 1s.—I have not myself compared the other items in the book.
Cross-examined. Q. This book that you call the fictitious book was in your possession one night? A. That is all; it was never acted upon in any way—in making up the balance-sheet, upon which the bankrupt passed his last examination, the genuine book was used—when he came to me in the morning he seemed very much agitated—I have not compared the two books in any way—I acted as his accountant throughout the whole proceedings—the bankrupt gave me all the information he could; every question I
asked him he answered—as far as I could judge, he answered my questions fairly—I never heard the slightest complaint against him, with the excepttion of this book, and this hook was never acted upon.
MR. BODKIN. Q. If I understand you, you were the person that he himself employed to assist him. A. Yes.
EDWARD HART . In November last I was clerk to Mr. Nicholson, the official assignee under the prisoner's bankruptcy—I first saw this book, called the fictitious book, on the 22nd November, at the office of the official assignee—I believe it came in a day or two previously; but I had not occasion to look at it till that time—on that day the bankrupt came to our office, and I put some questions to him on the subject of this book—I have a note of the conversation, which I made at the time in his presence—I asked what books he kept—he said, A day book; no cash book; only a book of receipts and payments, which had never been added up—I then asked him to point me out that book, and he said, this was it, pointing to the fictitious book, that is marked 4 5/5 3—it occurred to me that the book had been all written up within a day or two of that particular period—I told him so, and pressed him upon it—he said, "This book was written by me day by day, and the entries in it were not made all at the same time"—I asked him where he got it from; when he purchased it; and if there was an entry in his cash-book for the payment of such a book—he said, in reply, "I bought the book at a second-hand book shop in Holborn with other books, when I first began business"—that was all that passed about that—he then went away, leaving this and the other books with me—I have cast up this book—the total amount of receipts appears to be 2,668l. 5s.; and the payments, 3,172l. 1s. 7d.—I first saw this genuine book a day or two after the 22nd November—I can't say the exact day—it was not brought to me by the bankrupt—his accountant sent to me, saying that he wished to see me; and I got the book from him—I believe that was two days after the conversation that I have spoken of; but I have no date of it.
Cross-examined. Q. Was it not the following day? A. I cannot say it was not; it might have been—the bankrupt gave me every information that I wanted—I never heard the slightest complaint against him—I cast this book up myself—I do not know what the property which he gave up realized, I left Mr. Nicholson's before the property was realized—I never heard any complaint that he had not given up all his property.
COURT. Q. Do you know whether any more property was obtained after the second book was produced. A. Nothing more—the stock was taken possession of by the messenger—the second book did not lead to the discovery of any more property.
OCTAVIUS PROSECUTION . I am solicitor to the official assignee, and am conducting this prosecution by order of the Commissioner—I was present when the bankrupt was examined before Mr. Commissioner Goulburn, on 23rd February—I have the prisoner's examination, now before me, amongst the bankruptcy proceedings—I took it down as he stated it—it is signed by him.
The examination was here read as follows:—"I commenced grocery business 1st June, 1857, when my balance-sheet commences—I had previously been assistant to a grocer—I have been in business before for myself 18 years—I ceased to be so 5 years, indeed 6 or 7 years ago—I then failed in business—I was bankrupt in the Sheffield Court of Bankruptcy—a dividend of 5s. in the pound was paid on the first dividend—I was insolvent previously—I did not take the benefit of the Insolvent Act—I did not petition that court—the only occasion where I came before a court of bankruptcy or
insolvency was in 1852—from that date to June, 1857, I was assistant to a grocer—I commenced the present trading in June, 1857, with borrowed capital, having nothing of my own—the rent of the house I took in Holborn was 90l. a year—my family there consisted of five and sometimes six members—I had two children partly at home, partly at school—they were occasionally at home at other times than ordinary vacations—one is 12 years old, the other 22 years—the eldest is, and has been for the last 18 months, in a situation as a governess—I had one assistant (Richardson)—I paid him 20l. per annum—I had a boy at 7s. 6d. a week, and one female servant; that was the whole of the family—I occupied the whole of the house—I let no part—I kept my own accounts entirely—my business was perhaps chiefly a cash business—I put down what I received and paid each day in a book—that was first entered sometimes on a paper put in a cashbox—I entered at night the receipts and payments of each day—I counted the money from the till each night to shew receipts—immediately I made a payment, I entered it in a cash-book—(book produced)—put down each payment, as I made it, in that book; and at the end of each day I counted the money from the till, and wrote it down the other side of that book—the takings I call receipts are nothing more than the money counted from the till each day—if I received any money for a debt contracted on credit, I wrote that down in the book—I can't say 1 did so always—that book represents all I took and all I paid—that is not the first cash-book I handed to the official assignee (another book produced)—the book now produced is the one I first produced to him—I am sorry for it—that book is all in my own handwriting—I made up that book the night before my bankruptcy—it was after I had determined to become a bankrupt—I was bankrupt on my own declaration of insolvency—the book was made up after I had signed the declaration of insolvency—the figures there as receipts are less than the sums entered as receipts in the real cash-book—I felt myself in confusion, and felt much anxiety at not being able to account for a large deficiency—I thought it (the book) would enable me to do so—it was written in an hour or two—I had the real book before me, and copied it, making the alterations in the receipts—it was entirely my own idea—when I first went to the official assignee's office, I was told it could not be a true book, as it appeared to have been made up all at one time—I said in answer that each page was written at one time—I do not remember whether it was urged that all was written at one time—I afterwards brought the other cash-book to the official assignee—there were no entries made in that after I determined to become bankrupt—no pages have been torn out of it—I have had the real book the longest, but the other for some time—they were not bought at the same time—the fictitious book was bought five or six months before my bankruptcy, at a stall in Holborn, in High Holborn, somewhere in the neighbourhood of King-street—I do not know the name—I bought memorandum-books at the same time—it was bought some months before my bankruptcy—the proper cash-book shows a deficiency of 349l. 9s. 7d. received more than it shows I have paid away—I am ready to inform the Court what has become of that money."
COURT to MR. EAGLETON. Q. There is a sum of 349l. 3s. 7d.; was any further account given of that? A. Eventually there was an account given by the bankrupt, upon which he was allowed to finish his last examination—it consisted of some items of household furniture—no further property was obtained in consequence of the production of this second book—this fraudulent book did not enable him to suppress any disposition that he had
made of his property in favour of any one, or to keep any back—all it did was to save him the trouble of accounting for 349l. odd which he had spent; that was his own explanation; it appears to be the truth—it would enable him to avoid the difficulty of accounting for that sum—the mode in which it was ultimately attempted to be accounted for on the proceedings was by certain exorbitant items of household expenditure which are almost unvouched, and upon that state of things the Commissioner was of opinion that a better account could not he had, and that that part of the bankruptcy should terminate, all questions of conduct being reserved for the certificate meeting. (The remainder of the examination was read as follows:—"I paid the butcher's account—I have furnished my assignees with a detailed account referring to the items of house and personal expenses—164l. in balance-sheet—out of that item I have remitted my wife in the country upwards of 50l.—she was for some time in the country in ill health—I have several vouchers from the tradesmen with whom I dealt, showing the various expenses which I incurred, and which are covered by this sum of 349l.—the largest voucher is from Mr. Crick, butcher—I paid him as I bought from day to day—I got this voucher since the last meeting—it is merely a statement in Mr. Crick's handwriting—another voucher now produced, marked C, I had from Mr. Brown since the last meeting—there is one here for a small amount similarly obtained from Mr. Head, a baker, that shows an expenditure of 7s. or 8s. for bread, and the rest for flour and baking, making 12s. per week—I put down my personal expenses at 20s. a-week, independent of domestic expenses—seems large, but I was ill, including expenses of three visits to Yorkshire in September, 1857, and October and November, 1857—I remained there on each occasion about a week—and again I went to Nottingham in October, 1858—I remained a few days—I had when I was an assistant, before June, 1857, 40l. per annum, as salary, with board and lodging—I was with Mr. Hawley, since bankrupt, in the Blackfriars-road—there is no other explanation that I can give of the deficiency in my balance-sheet. (Signed) "F. Ingham.")
MR. EAGLETON, re-examined. Upon the first balance-sheet I think the item of 349l. appeared as one for which he was unable to vouch, or something to that effect.
MR. JUSTICE CROMPTON stated that a very grave question was raised in this case, whether upon the clause upon which this indictment was framed it was essential that there should be an actual intention to get away any of the property; and as there had been no decision upon this point, he should reserve it if it became necessary.
Several witnesses deposed to the prisoner's good character.
GUILTY .— To appear and receive judgment when called upon.
MR. GIFFARD conducted the Prosecution.
After the opening of the case, MR. RIBTON, on behalf of Clouter, applied that he might retract his plea of not guilty and plead guilty; MR. BARON BRAMWELL, upon the prisoner stating in the hearing of the Jury that he was guilty, directed that that verdict might be found at the close of the case.
CHARLOTTE HOLMES . I am servant to Mr. Gustavus Foster, who keeps a coffee-house in Weston-place, St. Pancras—on Saturday, 11th May, about 10 in the evening, the two prisoners came in in company with a third man—they ordered three cups of tea—Heath ordered it—I served them with it
—Heath said it was not good—I tasted it and said it was very good, but it was not so hot as it should be—Clouter said he should like some rum—I told him we did not sell rum there, but if he would give me the money I would send and get it for him—Clouter then took from his waistcoat pocket a 5l. note, and said, "There is a 5l. note, take it out of that"—I took the note and wetted it with my tongue, and held it to the light, and saw that the watermarks upon it disappeared, and I said that it was not good—I sent it to Mr. Foster—he came back with it, and said, "Charlotte, do you know what you have sent me"—I said, "Yes"—the prisoners heard this—Mr. Foster said, "It is a bad one"—I said, "I know it"—he said, "Where did you get it from"—I pointed to Clouter and said, "That is the man that gave it me"—Clouter said, "I did give it to her"—Mr. Foster told him it was a bad one—he said, "No, it is not, it is a good one"—Heath said the same; that the note was good—I asked Clouter where he got it from—he said it was paid to him in part payment of his wages; that he received it from Captain Doane, of the ship Shiloh, that was lying in the Victoria Docks—I asked where his discharge was that he received from his captain—he said he had not got it with him, it was at home—I asked him where he lived, whether he could not send for it—he said it was of no consequence—Mr. Foster brought the note in, and told them it was a bad one, which they denied, and said it was good—Mr. Foster tore the note in two—he gave one half of it to Clouter, and the other half he kept, saying, "If it is a good one, there is my card, you can refer to me"—Mr. Borley, who was in the shop at the time, said it was a case that ought to go before the magistrate—Heath said it was no business of his, he bad no right to interfere, and abused him—Mr. Foster went out, and returned in a few minutes with a policeman, and gave both the prisoners in charge—Heath paid for the tea with a fourpenny piece and 2d. in copper, after Mr. Foster left the first time—Mr. Foster told them they had better pay for it—the third man was standing at the door when Mr. Foster came in; he put his hand on his shoulder and pushed him out of the door, and he made his escape.
Heath. Q. How long was Mr. Foster away before he brought the policeman in? A. It might be perhaps three or four minutes, I don't think it was more.
COURT. Q. Was there anything to prevent their leaving while Foster was gone? A. No; no more than Heath was quarrelling and abusing Mr. Borley; they might have gone out, I should not have prevented them; in fact I put my hand upon Heath's shoulder and told him to go, he made no answer, but kept on the contention—Mr. Foster did not say when he left what he was leaving for.
GUSTAVUS FOSTER . I keep this coffee-house—the half-note which I kept I gave into the hands of the police-sergeant, who is here—I took the second half from the table afterwards when I returned the second time, it was lying by the tea-cups.
JOHN HENRY BORLEY . I live at Crouch-end—I happened to be at this coffee-house on Saturday, 7th May—while I was sitting in one of the boxes I saw the prisoner Heath look in at the door; he said, "All right" and immediately two other persons followed him in, and sat down in a compartment in advance of me—when Miss Holmes went away they appeared to be simulating drunkenness, when any one could see they were not drunk—Heath in a braggart style was pushing the other men and pretending to quarrel—Mr. Foster returned with the note, and said, "You must bring better notes than this here, if you want me to change them"—the last time
he came in he pushed Heath further into the shop, and said, "You are not going away like that;" he was following Bentley, the third man, who had just that moment gone out—before that, Bentley had said to Heath, "We had better pay for what we have had and step it"—upon that he went away, and Heath was following him, when Mr. Foster stopped him.
Heath. Q. Who was it that was pretending to be drunk? A. Principally you, you were the most noisy and using the worst language; you were quarrelling with Clouter when he asked for some rum—there was a great deal of bad language amongst you—Mr. Foster said he could afford to lose 5l. when perhaps anybody else could not—I said, "You should not determine it upon such narrow grounds as that; speak to the police, and do as they advise you;" and upon that I had a variety of abuse from you, and you said, "Cannot a man be paid off from his ship without having bad notes"—you repudiated all knowledge of Clouter, and said you did not know the man at all—I was at the police-office on the second occasion, but not on the first, on account of the death of my daughter.
JOHN CROOME (Policeman, S 34). On Saturday, 7th May, I was fetched to this coffee-house—I asked Clouter where he got the 5l. note—he said he had received it in payment of wages from Captain Doane, of the ship Shiloh, lying in the Victoria Dock; that he had left Boston, in the United States, about five weeks previously—I asked him if he had his discharge or his register; and he said, "They don't use those now"—I then took them to the station—this is the note (produced)—Mr. Foster gave me both halves, but separately—I afterwards made some inquiries of Heath—he told me he lived at 6, Mansfield-place, Kentish-town—I went there and found the house was empty—I told Heath so afterwards at the police-court—he said he had lived there previously, but did not wish to give his present address as he was in difficulties.
Heath. I did not give it as my present address, because I was in fear of a Sheriff's officer. Witness. You said so at the police-court, but not at the station.
The prisoners statements before the Magistrate were read as follows:—"Clouter says, That note was passed to me by the third party to pass for him—Tom something, I don't know his name—Bentley, I remember, that is his name—Heath says, I deny saying it was all right, or anything of the sort."
Heath's Defence. On the Saturday evening about half-past 7 or 8 o'clock, this gentleman (Clouter) and a friend of his, came to my place and asked me to come out for the evening—I came out, and we went from one public-house to another drinking gin, rum, brandy, and different things—at last he proposed to go to this coffee-shop to have a cup of tea before going to a concert—we went in, and he there gave the 5l. note—I did not see him give the note, but he afterwards said he did, and that he got it on board a ship—Mr. Foster brought the note and gave him one half back, and said, "These notes are no good to me;" and told him to take it where he got it from, and bring the gentleman he took it of, and he would give him the other half—Mr. Borley said he thought it was a bad one, and commenced abusing me about it, and said he noticed' me particularly in the transaction—I told him I knew nothing about the affair from the beginning to the end, and remonstrated with him—one thing brought up another, and it was 5 or 6 minutes before Mr. Foster came back again—if I had known
the note to be a bad one I could have got away and so could the others—I have been fifteen years in business within two or three hundred yards of the spot, and no one can say I ever did a dishonest act or was ever mixed up with anything of the sort—it came on me like a thunder-bolt—I thought the note was good, and made sure this gentleman would have acquitted himself of the affair—I asked the magistrate why I was committed, and he said there was nothing at all against me except being in his company—the reason I did not give my address was that I had given my acceptance for 24l., and there was a judgment against me in the County Court—as to this man I had not known him more than four or five days—I knew his brother for fifteen years at a linen-draper's in Judd-street—I went to see him about the County Court business, and that was how I became connected with him—his brother told me about six weeks before that he was coming home, and he expected he was going to do something for him as he had come down in the world a good deal—I really knew nothing about the affair, and I wish I had never seen the fellow—I have been six weeks in prison for nothing—I wish to call this man to state whether I knew anything about it or not.
A verdict of GUILTY was here taken at to Clouter, in order that he might be examined at a witness.
EDWARD CLOUTER (the-primmer). I went to Heath on this evening—we went from one public-house to another, and then to the coffee-house—he knew nothing at all about the affair of passing the note, that I am aware of.
Cross-examined by MR. GIFFARD. Q. Where had you seen Heath first that day? A. At his own house—I don't know the direction—I believe it is somewhere in Somers town—I had never been there before—Bentley took me there—Bentley and I had been together all day—I had met him in the White Hart, King's-cross, about 8 o'clock in the morning—we remained there about half-an-hour—he then asked me to take a walk with him—we went somewhere in the city—I cannot say where—I am a stranger in London—it was about 7 or half-past 7 in the evening that we went to Heath's—we did not continue in company from that time till this note was passed—I was taking a walk by myself a little while—I don't exactly know what became of the other two then—I left them in the street somewhere by King's-cross—I went to Mr. Hodges', in Judd-street, to change another 5l. note—that is close to King's-cross—I can't say whether the other two knew that I was coming back to them—I met them again afterwards—I don't know whether it was by accident or not—it might be, I can't say—I told them I would meet them again some time throughout the evening—I did not say where—we met by accident, some way from the coffee-shop, somewhere by King's-cross—I do not remember Heath putting his head into the coffee-shop and then looking back and saying it was all right—the fact is, I had been drinking for ten days, and I did not know what I was doing—I uttered a forged note at Mr. Hodges', in Judd-street—I can hardly tell what I did with the change I got from that—I spent it—I can't say whether Heath went into the coffee shop first—they were both walking with me, as well as I can remember—I did not run away, because I was so stupified with liquor I did not know what I was doing—I did not know that the note was a forgery when I uttered it—I am guilty of uttering it, but I did not know it was forged—I got the forged notes from Bentley, the man I had been walking about with all day—I don't know where Bentley is—I found him in the White Hart—I had
not known him before, no more than just seeing him at the public-house—that was the first time I had ever seen him—I remained with him very nearly the whole day.
Q. How came Bentley to give you the notes? A. He owed me a trifle of money—I have been in the habit of haying money, and I lent him money—he did not owe me so much as 10l.—he owed me as much as 6l.—he gave me one of the notes, I suppose, about 6 in the evening, and the other one he gave me in the coffee-house, across the table—he said, "You may as well take this," and of course I did, and changed it—it did not occur to me to say to Bentley, "Why don't you change it yourself?"—I had been drinking so heavily, I did not know what I was doing—I don't know whether any person saw Bentley give me the notes—I knew Bentley before—I had seen him some three or four days before—I had known him about a week, that was all—the money he owed me was what I had lent him—I got the money from a relation of mine in London; Mr. Taylor, a solicitor in Fenchurch-street—it was some three days before that I had advanced, the 6l. to Bentley—it was not all lent in one sum—I lent him 4l. first, and 2l. afterwards—I knew where he lived when I lent him the 4l.—he took me to his house afterwards—it is in Paradise-row, I believe, somewhere by King's-cross—he took me there at the time I lent him the money—I have been to sea for twenty years.
COURT. Q. Although you have pleaded guilty, you now say you did not know the note was forged? A. I plead guilty to uttering—I don't understand these matters—I am not guilty of knowing it was forged—I desire to plead Not Guilty.
MR. BARON BRAMWELL (after consulting with MR. JUSTICE CROMPTON as to the course to be pursued under these circumstances), was of opinion that, as the prisoner had upon his oath declared that his plea of guilty was a mistake, he should be allowed to retract that plea, and the Jury to withdraw their verdict; that they should then consider the case of the other prisoner, Heath, alone, and afterwards proceed to try the case of Clouter separately. MR. GIFFARD did not object to this course, which was accordingly adopted.
HEATH— NOT GUILTY .
The case of Clouter was then proceeded with, the Jury being already charged. The evidence of Charlotte Holmes, Gustavus Foster, and John Henry Borley, was read over, and declared by them to be correct.
JOHN CROOME (This witness's former evidence was also read over). I asked Clouter for his address, and he gave it No. 3, Judd-street, or 13—I think it was 13—I did not find him there—he afterwards said it was not Judd-street, it was James-street—I said, "James-street, where?"—he said, "Islington"—I went there, and found he had been lodging there with his brother.
Cross-examined by MR. RIBTON. Q. You knew him, I believe? A. I have some recollection of such a man on board the Dragon steam frigate about twelve years ago, but I should not like to swear it was this man—that was at Lisbon—I can't say when lie was discharged—I was sailing with him for about fifteen months—I can't recollect much about him; I was steward, and did not mingle with the ship's crew—I never heard anything against him—the last time I saw him was about the latter end of 1848—I have made inquiries in reference to his having lately sailed on board the Norfolk from Gravesend—I have never seen Bentley since—I do not know him personally—I have heard that he is a very bad character—I have tried to find him.
ALFRED HODGES THOMPSON . I am barman to my uncle, Wm. Hodges, a publican at 21, Judd-street, Euston-road. On Saturday, 7th May, about half-past 7, Clouter came into my uncle's shop and had something to drink—I can't remember the amount of it, but it was very small—he tendered a 5l. note in payment—I gave it to my uncle, and in consequence of what he said I wrote this on the back of the note—this is the note (produced)—I gave the prisoner the change—the barmaid asked him his address, and he said "48, Judd-street."
Cross-examined. Q. Did you know him before? A. I had seen him several times at our house.
WILLIAM HODGES . My nephew brought me a 5l. note for change—I asked who it was for—he said for Clouter—I said "Where does he live"—he said 48, Judd-street—I wrote that on the back of the note, and gave him five sovereigns.
Cross-examined. Q. I believe you knew him. A. I have seen him occasionally for the last sixteen or seventeen years at my house—his brother lived opposite to me for many years at Mr. Clement's the linen draper, and when he has come to see his brother he has called over at our house to have a glass of ale occasionally; that is all I have known of him—his brother does not live there now—I had seen the prisoner two or three times, five or six weeks before this—he told me he had recently returned from abroad—he told me he had engaged a passage to Australia on board the Norfolk, and paid for it—he shewed me a shipping receipt for 14l.—I do not know of an accident having happened to that vessel at Margate, and the passengers having to return.
CLOUTER— GUILTY .— Six Years' Penal Servitude.
NEW COURT.—Wednesday, June 15th 1859.
PRESENT—Sir JAMES DUKE, Bart., M.P. Ald.; Mr. Ald CHALLIS; Mr. Ald. MECHI; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq. and the Third Jury.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY — Six Years' penal Servitude.
PLEADED GUILTY .— Confined One Month, and Three Years in a Reformatory.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY . (See Third Court, Thursday.)
MR. COOPER conducted the Prosecution.
JOHN MARK BULL . I am a City officer. From information, I went on Saturday, 14th May, to Mr. Bryer's shop—I found the prisoner there—I took her into a back room, and told her I was a policeman, and asked her how she accounted for the possession of this plate, which was the produce of a burglary committed the night before or on that morning—she said a person higher up the street had given it her to bring there—I asked her what her name was—she said Sarah Smith—I asked if she was married, she said no, she was a prostitute—I asked her her address, and she refused to give it—I took her to the station—nothing was found on her—I asked her to describe the person she got the plate from—she said a man about her own height, and dressed in black, and wearing a moustache, and she was to have a sovereign for bringing it—I went and looked about—I could see no man of that description—this is the plate; here are 3 caddies, an ink-stand, and this model.
Cross-examined by MR. METCALFE. Q. Were you sent to by Mr. Bryer? A. I happened accidentally to meet Mr. Bryer's assistant, and I told him.
WILLIAM BRYER . The prisoner came to my shop on 14th May—she produced this plate—she wanted 5s. an ounce for it—I asked her whose it was—she said it was her own property—I remarked the crest on it, and I said, "It surely cannot be your plate"—she said, "Yes, it is"—it is worth 7s. or 8s. an ounce—I think there is 57 ounces of it.
Cross-examined. Q. What time did she come? A. A little after four o'clock—if I had bought it, I should have bought it as second-hand plate.
THOMAS BELL . I am one of the firm of Bell and Salter, dentists, in Broad-street—on the night of 13th May, when I went to bed, my house was secure—next morning I found it broken open, and amongst other property which I lost, was this property produced; and I missed about 50l. in money—these articles are mine—we found a window had been opened, a descent had been made into the larder, and they got down to the pantry—this plate was taken from the drawing-room floor—the first window was thrown up, it was never fastened; but the larder window was broken, and they put their hands through the broken window to a hook which fastened the window, and the window had been opened.
GUILTY on the Second Count — Confined Nine Months.
586. WILLIAM GROVES (26), was indicted for a burglary in the dwelling-house of William Thomas Davis, and stealing 1 shirt and 7s., his property; and MARY ANN FOGGARTY for being an accessory after the fact.
MR. PHILLIPS conducted the Prosecution.
pantry window before I went to bed—it was not fastened, but it was shut—it is at the back of the house, and there is a garden at the back of the house—there are iron bars outside the pantry window—I came down on the following morning about 7 o'clock—the pantry window was thrown wide open, and two bars had been tied back with ropes, and the ropes twisted with two sticks—that would allow sufficient room for a person to enter—one of the sticks and one of the ropes belonged to my master—the other did not—I examined the pantry, and found that three drawers, which were at the bottom of the book-case, were open—I missed from those drawers five shirts—I missed two shawls and a mantle, two mugs and a spoon—the shawls and mantle were at the back of the door—they were mine—the other things were my master's—the housemaid and I were the first persons up that morning—we came down together.
WILLIAM THOMAS DAVIS . I live at No. 5, Onslow crescent, and am a merchant—I was in my garden at half-past 11 o'clock at night on 10th May—my little dog was with me—he was running about—everything then appeared to be safe and in its usual state, as far as I could judge—there were a number of articles taken from my house that night, and amongst the rest five shirts, the children's silver mugs, and other things—this is one of my shirts—I can swear to it; and I can produce one of the same set to compare with it—the mark has been cut off.
Cross-examined by MR. RIBTON. Q. You knew her? A. Yes; I have seen her—she had pawned things at our shop before—I knew where she lived—I don't know whether she keeps a lodging-house—I knew her by coming to the shop.
COURT. Q. Did you make any inquiries of her when she brought this shirt? A. No; she had pawned other things before, men's and women's wearing apparel—this shirt did not appear to belong to a better class of persons than the things she had pawned before—my suspicions were not at all excited by it—the mark has been taken off.
WILLIAM BAKER COLLETT (Policeman, B 263). About half-past 1 o'clock on the morning of 21st May, I heard a noise in the garden of No. 10, Onslow-square—I got on the wall, and turned my lamp on—I saw the prisoner Groves in the garden—as soon as I turned my lamp on he got over a wall—I sprung my rattle, and he was taken by another constable and detained till I got to him—I found on him this stick, a knife, some lucifer matches, and six pawnbrokers' duplicates—I went back and found this rope in a garden in the track where he had been—I know the house where the burglary was committed—it is about 200 yards from where I saw Groves—I saw him the whole time till he was captured—he had to pass over four or five gardens—I had heard of this burglary being committed on the night of the 10th or the morning of the 11th May—I found this rope in a garden attached to one of those houses—there is an uninhabited house there.
GEORGE SHURTY (Policeman, B 113). I know Onslow-crescent, it is on my beat—I took Groves in custody on 21st May—he was coming out of the area of No. 2, Onslow-square—I took him in consequence of hearing the rattle of the other policeman—he said he would go quietly—he said he had got over the back of No. 10—I saw him searched, and these things found on him—one of these duplicates is of the shirt.
Foggarty on 11th May of the shirt she pawned—these other duplicates are of a flannel shirt, a waistcoat, and pair of trousers—one was on the 9th, one on the 12th, and one on the 14th of May—the shirt was pawned on the 11th.
JAMES BUTLER (Police-inspector). I examined the premises where the burglary had been committed on the morning of 11th May—I found marks on the wall of some person having got over from No. 10 to the prosecutor's—at the back window the bars had been pulled aside and the rope twisted so as to make a bow in the centre sufficient for any one to get in.
JOHN COOK (Policeman, S 198). I took Foggarty in custody—I told her she was charged with being concerned with Wallis in a burglary in Onslow-crescent—she said she had the shirt from Wallis to pawn, and she went to the place where she generally went—I knew who she meant by Wallis—it was Groves—he lived there in the name of Wallis—I told her I had repeatedly cautioned her against taking anything from Wallis.
Cross-examined. Q. Do you know she keeps a lodging-house? A. It is a brothel—I know it to be a brothel—I know her husband—I know that Wallis lodged there.
Groves. It is my own shirt—I bought it, and have had it for twelve months.
COURT to WILLIAM THOMAS DAVIS. Q. Where did you buy this shirt? A. I believe they were made at home—they were old shirts, with new fronts in them—this is another of the shirts—the front is the same, and here is a little loop that I had made to put the collar through—all the shirts were new-fronted about the same time and by the same person.
NOT GUILTY .
THIRD COURT.—Wednesday, June 15th, 1859.
PRESENT—MR. JUSTICE CROMPTOIT; Mr. Ald SIDNEY; Mr. Ald. CARTER; and MR. COMMON SERJEANT.
Before Mr. Justice Crompton, and the Sixth Jury.
MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
PLEADED GUILTY .
Mr. Emmerson, his former master, gave him a good character; but the Post-office officers stated that he had also torn open another letter at the same time, and endeavoured to force the money out.
Three Years Penal Servitude.
MR. BODKIN conducted the Prosecution.
JAMES HIGGINS . I am governor of the Penitentiary—in 1852 I was chief warder of the Huntingdon gaol—I attended with the governor of the gaol at the Lent assizes for Huntingdon in 1852—the prisoner was tried there in
the name of George Harrison, and sentenced to ten years' transportation—after his trial he was removed from our gaol to the Wakefield house of correction, with three others, by virtue of this warrant—I am quite sure the prisoner is the same person.
CHARLES SIBLEY . I am a constable of St. Neots—I apprehended the prisoner on the charge on which he was tried in 1852—he gave the name of George Harrison—I produce a certificate of his conviction (Read: "Huntingdon Assizes, March 1852, George Harrison, Convicted on his own confession of burglary.—Transported for Ten Years. Signed, Alexander Edgell").
COURT. Q. Has he the actual custody of the records? A. Yes; they are all placed in his office—I have seen them there, and this certificate could not be made out unless he had the record.
WILLIAM JONES . I am a warder in the county prison at Chatham—I was formerly in the convict establishment at Woolwich—the prisoner was placed under my charge there, in the name of George Harrison, some time in the beginning of January 1853—when he was out at labour he always worked with me, and he always worked with me except when he was in the infirmary—I mustered the men with me every morning, and I missed one man on 29th January, 1853, who on further inquiry turned out to be the prisoner—I did not see him again till the other day in Newgate—his convict dress was found in a shed, and I saw it brought out—I am sure the prisoner is the same person.
Prisoner. I do not see how you can swear that I am the person—the reason is, that they found two or three letters in my wife's box in the name of George Harrison. Witness. I know nothing of them—I know you from your person and features, and have no doubt of you.
MR. BODKIN. Q. Where was he when you identified him? A. Walking in one of the wards of Newgate along with the other prisoners—I first saw a batch of prisoners, who were turned out for me to inspect, and said that he was not one of them; I was then shown another batch, and a third, and a fourth, and he was amongst the fourth—I have no doubt whatever about him.
Prisoner's Defence. I know nothing about it—I am not the man at all.
GUILTY .— Six Years Penal Servitude.
There were three other indictments against the Prisoner for burglary.
MR. SLEIGH conducted the prosecution.
THOMAS DOUGLAS . I am Captain of the ship. "Active"—in April last, about 12 o'clock at night, I was walking along the Commercial-road, and three men got hold of me, one on each side and one behind—the prisoner is the one who was on my right side, and he got my watch from my waistcoat pocket, and broke it from the chain so quickly, that I did not know he had got it—I laid hold of him with one hand, and the guard with the other, and held him; but he slipped away to the other side of the street—I followed
him, and seized him again—I never saw my watch again—it was silver—I saw it in his hand, but do not know what he did with it—the other men escaped—a policeman came up and took the prisoner—there were a good few of people about, because they were coming out of the public house—I did not lose sight of the prisoner—I was close to him when he ran to the other side of the street, but I had not hold of him—I followed him close up, and could not have made any mistake between him and the other people—I saw his face when he was taking my watch distinctly, and am quite sure he is the man.
WILLIAM WHATMORE . I am potman at the Bedford Arms, Commercial-road—I was closing the house, and saw the Captain getting towards the kerb, with four or five men surrounding him, and clinging to him—I knew him—he had been in to have a glass, and was about returning home—I had just wished him good night—he was not at all the worse for liquor—I was about as far from him as I am from you—the prisoner is one of the men—I caught hold of him, and the captain caught hold of him, and held him till a constable came—he attempted to get away from me—I do not think he was in liquor—I had not noticed him in the house—four men ran away.
THOMAS KENNEDY (Policeman, 60 K). I was on duty, heard a scuffle, and found the prisoner to him—I took him to in Captain Douglas's custody, and Whatmore close the station, and the captain charged him with stealing his watch—he said, "I did not take it"—he resisted very much, as I took him to the station—I was obliged to spring my rattle, and the prisoner broke it—I got assistance, and he was conveyed to the station—the prosecutor was very much excited, but not from drink—he knew what he was about: he made the charge.
Prisoner's Defence. I was drinking, and saw the prosecutor with two common prostitutes—I was going home, and the man came behind me and said that my companion took his watch—I said, "It is false, I have no companion"—he struck me, knocked me down, and searched me, and the policeman got my head between his legs and broke my elbow—when the policeman could not find anything on me, he was in such a rage that he punched me in the neck—next morning he said, "I say, Jack, let me look at your boots"—he did so, and fetched the witness, and said, "That is one of them, is not it?"—he said, "Yes"—while I was waiting to go before the Magistrate the witness came to me and said, "You had better tell who took the watch."
COURT to THOMAS DOUGLAS. Q. Had you been drinking long at the Bedford? A. I had a glass of ale I believe it was—I was as sober as a Judge, but was in a passion—I have a perfect recollection of the man.
GUILTY .—He was further charged with having been before convicted.
JOHN HOW RICHARDS . I produce a certificate. (Read: "Middlesex Sessions, August, 1856; John Driscoll, convicted of stealing a purse and money from the person. Confined two years") I was present—the prisoner is the person—he gave his name, Driscoll.
GUILTY— Three Years Penal Servitude.
FOURTH COURT.—Wednesday, June 15th, 1859.
Before Mr. Common Serjeant, and the Seventh Jury.
MESSRS. CLERK and POLAND conducted the Prosecution.
MART ANN COLE . My father keeps the Old Dog public-house in Holy-well-street—On 27th May, about 12 o'clock at night, the prisoner came to my father's house with another woman—the prisoner called for a pint of porter, and paid for it with a bad shilling—I put it into the till—there was no other shilling there—there were sixpences, and fourpenny-pieces—I gave her the change, and she went out of the house with the other woman—she came back again in about five minutes with a woman—I can't say whether it was the same who came in with her the first time—the prisoner called for half-a-quartern of gin, which came to 2d. and offered me a shilling in payment—I tried it, and found it was a bad one—upon that I went to the till and took out the other shilling—I then went to my father and showed the 2 shillings to him—he gave them back to me—when I came back the women were going out of the house—my father followed them and they were both brought back—I had not given the woman change for the second shilling, she went away without it—when they ran out I was showing the shilling to my father—we have two doors to the house—one ran out of one door, and the other out of the other door—they could see me.
Prisoner. Q. Are you sure I am the same person? A. Yes.
JAMES COLE . I am the father of the last witness—on the night of 27th May I was in the bar parlour—my daughter came and showed me 2 shillings—they were bad—I went round the back way to stop the women—as I did that I saw the prisoner and the other woman at the bar—when they saw me coming they ran away—I followed them, and pushed this one back as she was going out of the door, and ran after the other, who was going in an opposite direction—the prisoner was stopped about thirty yards off—I went for a constable and gave them into custody—the other woman was discharged before the magistrate.
GEORGE HARRIS (Policeman, F 58). I took the prisoner into custody—I received 2 counterfeit shillings from Miss Cole—as I was taking the prisoner to the station she said that she had not been in the house before, and that Mr. Hawkins in Pump-handle-court had given the shilling to her.
Prisoner's Defence. I am accused of uttering 2 bad shillings—I get my living by selling flowers—before I went in I had sold some flowers and got the shilling—I am innocent of the charge.
GUILTY .— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
ELLEN KAVENY . I and my husband sell oysters sometimes in the streets—my husband is anything, and works when he can get it—on 31st May last, I had a stall in Bridge-street, Westminster—I was selling oysters there—the prisoner came up to me, with another young woman, to buy some oysters—I gave her the oysters, and she gave me a half-crown, and I gave her 2s. 4d. in change—the oysters came to 2d.—I placed the half-crown in my mouth, and tried to bend it with my teeth, but not having many teeth, I went and put it in a crack between two boards, and bent it easily—I kept it in my hand for some time, and then put it in my pocket—I gave it to the constable on Friday night—between the time I took it and that Friday night it had been wrapped up in a cupboard in my house, in Lewisham-street, Westminster.
Prisoner. Q. Are you sure I am the person? A. Yes; you were at the stall about three minutes—you asked me to change the half-crown, and I gave you change.
JOHN KAVENY . I am the husband of the last witness—on Friday night, 3rd June, I was at my stall in Bridge-street—the prisoner came there—she asked for a pennyworth of whelks—I told her to take them—she gave me in payment a bad shilling—I gave her I 1d. change; when I gave her the change she went away, and after she was gone I found the shilling was bad—I had the shilling in my mouth—directly I found it was bad I ran after her—she was then going over Westminster-bridge—I did not call out; when I got near her she turned round, and when she saw me she said "Oh"—I took her back to the stall, and I said, "You have given me a bad shilling," and she said she had not been there for three weeks—I then saw a policeman and gave her into custody, and gave him the bad shilling.
Prisoner. Q. Did you not handle me very roughly? A. No; you were about the distance of four lamps from my stall when I took you—I said to you, "I suppose you are the party who gave my wife the bad half-crown"—you said you would walk with me wherever I thought proper to take you—when I got home I said to my wife, "Nell, there is a woman at the station who has given me a bad shilling, could you tell her again;" and she came down with me to the station-house.
CHARLES MCLOUGHLIN (Policeman, A 267). I took the prisoner into custody; at that time the last witness gave me a bad shilling—I afterwards received a half-crown from Mrs. Kaveny—these are them (produced).
COURT. Q. Did you hear what Mrs. Kaveny said when she came to the station? A. She said, "That is the woman who gave me the half-crown"—the prisoner said, "I am not the woman, I was not over the water that day," and Mrs. Kaveny said, "I am sure you are the very woman."
Prisoner's Defence. I work very hard for my living—my husband is in Australia—I was not in Bridge-street on that day—what that woman says is false.
GUILTY .— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
GEORGE EMMETT . I am barman at the Assembly-house, Kentish Town—on Tuesday, 3rd May, the prisoners came to our bar between 4 and 5—Madden asked for some gin—he gave me 1s. in payment—I tried it with my teeth, found it was bad, and bent it—I told him it was bad, kept it, and put it back on a shelf—the other man gave me a good shilling, and I gave him the change, and they went away—I afterwards gave the shilling to the constable; he is here to-day.
Cross-examined by MR. METCALFE (for Madden). Q. Are you sure Madden was one who came. A. Yes, quite sure—I saw him first after the 3rd May, at the House of Detention, on Tuesday, the 6th—a policeman came and fetched me—I saw him in a cell by himself—I went by the cell once and looked at him, and then came back—I did not recognize him at first; he had a different coat on then, and he also had a beard when I saw him at the cell—when I had gone by the cell, the turnkey said, "It must be the same man;" and then 1 asked him if he would allow me to go back and look at him again—the policeman who came to fetch me was on the
other side of the rails, he did not go to the cells—when I went back I knew it was the man—I had seen him before he came to the Assembly-house on this occasion—I know nothing of him.
Cross-examined by MR. SHARPE (for White). Q. Had you ever seen White before? A. No—it was on the Friday I went to the cell—I saw the policeman first of all—he said to me, "We have got the men who were in your house on Tuesday"—I did not see White on that occasion—I saw him at the cells on the Friday—I was taken first to one cell and then to the other—I was quite certain White was the man.
MR. CLERK. Q. What did you first say to the turnkey? A. I said that it was not the man—he said, "Very well," and shut the door—it was after I had seen White that he said "He must be the man who was with White"—I then had another look at him, and said he was the man—the reason of my altering my opinion was that he had a different coat on, and he put his hat on the second time—I had seen Madden before at a public-house about eighteen months ago, on the other side of the water—I knew him then.
MARY SCHNARBEL . My husband keeps the Gloucester Arms public-house, Kentish-town—on Friday, 6th May, these two men came to my house at a little after 10 o'clock at night—one of them asked for a glass of ale, and a little gin and shrub—they each chose what they liked—White paid for it—he threw down a counterfeit florin on the counter—I pushed: it back, and told him it was not silver—I saw it was bad—Madden took it up to inspect it, and wondered where he could have got it from—then he gave me another florin, and I gave him the change out of that—while he was inspecting it he dropped it on the counter again, and I detained it—I gave it to my husband, who was coming in—he broke it—when my husband broke it the prisoner talked a good deal, and said that White had just come from Scotland.
Cross-examined by MR. SHARPE. Q. Did not Madden say it could not be a bad one? A. They appeared surprised—White did not appear to have been drinking to any extent—they stopped in the house about ten minutes, and they walked out of the door quietly—the money was given up to the policeman at the station-house—I am quite certain White is the person who was there—I next saw him after that at the police-court on Saturday week, eight days after this occurrence—my husband went down the same evening to identify them—I did not go till the Saturday week—I understood from the policeman that they had got the two men in custody who had passed the bad florin—I went to the police-station, saw these two men, and identified they them.
MR. CLERK. Q. Did you hear from your husband that same night that were in custody? A. Yes.
HENRY SCHNARBEL . I am the husband of the last witness—on Friday, 6th May, I saw the prisoners at my bar—my wife gave me a florin—it was bad—I broke it, told the prisoners it was bad, and asked if they had got any more, and White said, "It is very likely I have got some more"—they then asked me to have some beer, but I refused—they left together—before they left they had some shrub and pickwicks—they paid me with a good sixpence—after they had left I spoke to my potman and told him to follow them—I kept the florin on the shelf—I heard that they were taken into custody, went down to the station, saw the two men, and gave the piece to the constable.
Cross-examined by MR. SHARPE. Q. Who told you they were taken into custody? A. My potman—he also told me that they were at the station", and that I was wanted there—I had never seen, them before that night—
White said, "It is very likely I have got some more"—the policeman is here to whom I gave the florin.
THOMAS BENT . I am potman at the Gloucester Arms—I followed these men by my master's direction on 6th May—I followed them for about five minutes' walk—I met a constable on my way, and said something to him—I afterwards saw the prisoners go into the George the Fourth public-house—it is kept by Mr. Norman—when they came out I went in and spoke to Mr. Norman—I then came out and followed the prisoners again—I saw them taken into custody by some man who was at the bar, and the constable came up and took them—they heard what I said to Mr. Norman—they were taken about 100 yards from Mr. Norman's.
Cross-examined by MR. SHARPE. Q. Is that policeman here? A. Yes—my master called me when they had gone—I was standing at the bar—the George the Fourth is about half a mile from my master's house—this was 10 o'clock in the evening—I went through two streets—I was about thirty or forty yards from these men—I did not lose sight of them—Madden took his hat off once and came into the open road, when they turned a corner—I went across the road so as to keep them in sight—I was in the George the Fourth about two minutes—the prisoners had left before I went in—I had not lost sight of them.
MR. CLERK. Q. You had seen them at the bar at your master's house before you followed them? A. Yes.
JOHN NORMAN . I am the landlord of the George the Fourth, Spring-place, Kentish-town—on Friday night I saw these two prisoners at my bar—it was about twenty minutes past 10—White asked me for a pint of ale—he gave me a bad florin—I bit it with my teeth, found it was bad, and told him so—I then laid it down on the counter—he took it up, passed it round to the persons there, and they all said it was a very bad one—he then gave me a good half-crown, I gave him the change, and they left together—shortly afterwards Mr. Schnarbel's man came in, and I soon afterwards saw them in custody.
Cross-examined by MR. SHARPS. Q. You had never seen either of them before? A. No.
STEPHEN DOUST (Policeman, 345 S). On 6th May I received some information with reference to two men—at that time I saw them go down the street—I lost sight of them then—I afterwards saw them in Spring-place, and took them into custody—I took them to the station—Madden was very violent—I told them, when I took them, that they had been passing counterfeit coin, and they must consider themselves in my custody—I searched them at the station, and found on White 2s. and 1 1/2 d. in copper, and eighteen pennyworth of postage-stamps; and on Madden 1l. 1s. in silver, in shillings, sixpences, and threepenny pieces, and 13d. in copper—I received a bad shilling afterwards at the Assembly-house, Kentish-town—I have also got the piece of the florin—I got it on the same day.
Cross-examined by MR. SHARPE. Q. When you first saw them they were walking down the street? A. Yes—I afterwards saw them in Spring-place, and took them into custody—I did not find a bad florin on either of them.
GUILTY .— Confined Nine Months each.
WALTERS— PLEADED GUILTY .— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM HODOKS . I sell coffee in the streets—about three o'clock in the morning of Saturday, 13th May, I was selling coffee in the Minories—the two prisoners came to me for two cups of coffee—the man gave me a florin in payment; but I objected to take it, because I believed it to be a bad one—I examined it, and threw it down—he took it back, and gave me two pence.
Richardson. Q. Had I anything to do with him in offering the money. A. You were with him—you asked me if I could change it.
CATHERINE MACKINTOSH . I live at No. 1, Creechurch-lane—on 14th May I was selling trotters, between 2 and 3 o'clock—I saw the prisoners come up—the man asked me for three-pennyworth of sheep's feet, and asked me if I had change for a 2s. piece—I said I could not change it, and asked them to go and get change at a coffee-shop; but they said they were in a hurry, and could not go—at last I looked in my pocket and found enough change—I gave the change to the young man—I did not know the florin was bad—I then saw them walk quickly away—I then looked at the florin, found it was bad, and called out "Stop thief"—I did not see the policeman stop them—I afterwards gave the florin to the policeman—I saw them in custody afterwards—I heard nothing said by either of them.
ALFRED GODDARD (City-policeman, 671). On the morning of 14th May, I was in Houndsditch, and saw the prisoners; they were both running—I heard the cry of "Stop thief" by the last witness—the male prisoner had passed me at that time, the female was close to me—I stopped her till Mrs. Mackintosh came up—I then left her in sight and pursued after the man, and caught him—I had to go about two hundred yards after him—the woman had turned down a street, she was not stopped till I caught the man—I sent another constable after her, she was taken in Bishopsgate-street and brought to the station—Mrs. Mackintosh then made the charge, and the prisoners both denied it—the woman said she was not in company with the man; she was searched, and on her was found six sheeps feet, a pair of scissors, and two postage stamps; and on the man 15 1/2 d. in copper—I received this florin from Mrs. Mackintosh.
MRS. MACKINTOSH (re-examined). The sheeps trotters were 3d.—the woman told me she lived at a coffee-shop in the Minories, and that she did not know the man's name or his house.
Richardson's Defence. I am an unfortunate girl—I had only been three weeks in London when this occurred—I met this man in the street—he asked me where I was going, and asked me to have something to drink—he bought two cups of coffee of a man in the street, he offered a florin and the man could not give him change—we then met this woman, and he bought some trotters; he gave me some and got the change—he then left me, and soon after I was taken into custody—I am a stranger in London.
RICHARDSON— NOT GUILTY .
OLD COURT.—Thursday, June 16th, 1850.
PRESENT—Mr. JUSTICE CROMPTON; Mr. BARON BRAMWELL; Sir CHAMPMAN MARSHALL Knt. Ald; Mr. Ald. CARTER; Mr. Ald. ROSE, and Mr. COMMON SERJEANT.
Before Mr. Justice Crompton and the First Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ELIZABETH REYNOLDS . I lire in West-street, Neckinger-road, Bermondsey—on 5th May, I was on a visit at 2, Howard-road, Kingsland, for part of the day—my daughter was with me—a little before 4 in the afternoon we were going to Abney-park Cemetery—I did not know Martha Page before that day—I saw her that day—she was servant at 2, Howard-road—she was not going with as to the cemetery that afternoon, she was only going a little way to shew me the road—just before we were going to start, there was a knock at the door—Martha Page went and opened the door—I did not see who it was until I went to the door to leave; I then saw the prisoner standing talking with Martha Page at the door—he was talking to her when I went out—that was full ten minutes after the knock came, or it might have been a little more than that—I asked the prisoner to let Martha Page show me the road to the cemetery—I am not aware that he made any answer—she left with me and my daughter—we passed between them—she shut the door after her and we all three went on together—I did not see that the prisoner was following us until I heard him speak—I could not judge of the distance we had got—it was across the main road; we had crossed the road from the house, and then crossed the main road—we had been walking about 3 or 4 minutes—when the prisoner came up, he said to Martha Page "Will you tell me where she is?" she answered "No, I will not"—no more passed; he made a step before her, forward, and stubbed her with a knife—he took the knife out of his breast coat pocket with his right hand, and made a thrust at her and stabbed her at the lower, part of her person—he made a thrust at her with the knife three times—I did not see whether the knife touched her more than once, I did not see whether it touched her at all, but I saw the mark through her clothes afterwards—she was standing—she said, "Oh, he has stabbed me"—the prisoner made use of some very low words, I am not aware what they were, they were bad words—I could hear what they were at the time; it was something about his wife being a bad woman; they were very foul words—I could not now on my oath speak the words; I do not remember what they were—he said something about his wife and about her sister as well—after Page had gone one or two steps she was not able to go any further—a policeman came up and she was taken in a cart to the German Hospital at Dalston—I went with her—I never left her until I saw her in bed at the hospital—I saw her undressed there, and observed a wound on the groin; that was in the same part, of the body at which I had seen the prisoner make the thrust with the knife—the policeman took the prisoner into custody on the spot when he came up.
Cross-examined by MR. SLEIGH. Q. Did you know anything about this unhappy woman? A. I did not—I had never seen her before that day, or
the prisoner either. When the knock came to the door, I heard the prisoner talking to Page; there did not appear to be any angry words—I was inside the house, in a room—the conversation between the prisoner and the deceased was at the street-door—I heard them talking, but they were not talking loud or angrily—I cannot tell the subject of their conversation—I did not listen to them—I did not hear the prisoner make use of the words, "My wife" at the door—I don't at all know what they were saying at the door—when he spoke to her in the road I did hear him—he did not repeat the words, "Will you tell me where she is?" two or three times over, only the once—it was not said in an imploring beseeching tone—all he said was, "Will you tell me where she is?"—he made no comment upon the words—it did not strike me from the manner in which the question was put that he had been previously begging of her to tell him where his wife was—I did not know anything of either of the parties—I was not aware that it was his wife that he was asking after—he displayed no anxiety whatever—I am not aware that the deceased's answer was given in a very determined way—there was no appearance of any determination—she did not appear to speak in any way angrily—she spoke very kindly to him and he to her—it was immediately after she said she would not tell him where his wife was, that he made this blow at her—he did not say, "I begged of you to tell me where my wife was; why have you kept it from me?"—nothing of the kind—I am quite positive I never heard those words—he said something about his wife keeping a whore's shop—I do not remember anything more—that was after the blow—I did not mention that before; I did not wish to tell it—he did not say, "This has been all your fault; why have you not told me where my wife is?"—nothing of the kind—he was not excited or in a passion when he struck her—he was in no passion—he did not seem to be in the least passion when he struck her—there was not the slightest manifestation of feeling, passion, or excitement, that I perceived—he did not appear to me as if he was at all under the influence of liquor—he did not appear in an excited state when he made use of the bad words about his wife—I think those words were habitual to him—he did not appear excited in the least—I had never seen him before.
ELIZABETH JANE REYNOLDS . I am the daughter of the last witness. I and my mother were on a visit in the Howard-road on the day this occurred—I did not know the deceased before that day—she was servant at that house—it was arranged that she should accompany my mother and I to the Abney-park Cemetery—when we were about to set out there was a knock at the front door—we were then in the back parlour attached to the house—I could not see the door from there—as we passed out I saw the prisoner talking to the deceased at the door, or just outside the door—I should suppose they were standing at the door about ten minutes—I only saw them about one or two minutes, or something like that—eight or ten minutes had elapsed from the time of the knock—I did not hear any part of their conversation—judging by their appearance they did not appear to be at all quarrelling or angry—my mother asked the prisoner if he would allow the young person to go with us—I did not hear him make any answer—we then all three set out—we walked all three abreast—my mother was in the middle, the deceased was on her right hand side, and I on her left—I did not observe when we left the house that the prisoner followed us—I could not exactly state what distance we had got before my attention was called to him; we left him standing at the door, and had walked about five or ten minutes I suppose; and as he spoke, I turned and saw him behind us—he spoke to
Martha Page and said, "Will you tell me where she is?"—she said, "No, I will not"—as she turned a little towards him, he made his aim with a knife—I saw him take it out of his breast coat-pocket from the left side, with his right hand—he plunged at her with the knife, and stabbed her in the lower part of her person—I saw the knife penetrate her dress—she said, "He has stabbed me!"—there were three aims made with the knife; it was the first that took effect, the last two did not reach her, she evaded those—I think he aimed them in the same direction as the first—it was at first that she said, "Oh, he has stabbed me"—the last two blows were aimed at her after she had said that—I am as sure of that as my recollection will carry me—my mother screamed out—I was so frightened that I was not able to scream—the deceased was carried into an apothecary's shop near there—I went there with her—I noticed blood on her clothes at the part where I had seen the stab take effect—after the prisoner had stabbed her he made use of some words, but I do not recollect what they were.
Cross-examined. Q. When you heard the conversation at the street-door were you in the house? A. Yes—I was not near enough to hear a word of what passed there—I heard their voices speaking, but I could not say what it was about—I was in the parlour with my mother and her friend Mrs. Knight and she was speaking at the time—I think the parlour-door was open, and the street-door was open, but our friend was in conversation, and I did not hear a word; I only heard their voices at the door—I don't know that they were talking pretty loud; I rather think not—when I passed out they were still talking; I could not catch a word then—I did not hear him asking about his wife—we had only got a few yards from the house when he came up—we had just crossed the Howard-road—it was a few minutes after we had left the door—when he said, "Will you tell me where she is?" he did not say it in an anxious excited way—I don't know that he asked it as if he had been just previously begging her to tell him, and was asking her once more; he merely asked her as if she had the secret, and he wished her to tell him—her answer, "No, I will not," was as if she was determined not to tell him the secret—it was instantly upon that that he struck her—I had never seen anything of these people before—I have no recollection of his saying, "You have decoyed my wife away from me;" he made use of some words, but my excitement was so great at the time I cannot recollect what he said—I did not hear the words "You have taken her away, tell me where she is."
COURT. Q. Before he stabbed her was all he said, "Will you tell me where she is?" A. That was all—he said something while she was leaning against the wall; that was after he had stabbed her—I don't recollect what it was—I am sure that all I heard before he stabbed her was, "Will you tell me where she is?"—he did not speak when he stabbed her.
EDWARD CARTWRIGHT . I am a green-grocer, residing at 3, Howard-road, Newington, next door to the house where Martha Page was servant. On the afternoon of 5th May, between 3 and 4 o'clock, I was standing at the door of my shop—when I came to the door of my shop the prisoner was standing at the door of No. 2, talking with somebody at the door, which was on the jar—I could not see from the position in which I stood who he was talking with—I saw him there ten minutes—I heard him swear at her, and ask her where his wife was—I believe he called the person he was speaking to a d—b—I could not catch what he said about his wife no more than asking where she was; that was all I heard about his wife—I saw the servant,
Page, Mrs. Reynolds, and her daughter come out of the house, and walk away from the house—they turned to the right when they came out, in the direction of St. Matthias' church, they crossed a road—the prisoner followed them from the door—he was walking about a yard behind them for about twenty yards)—he then came up to the deceased—I could not see from the distance I was that he spoke, but he closed in with her on the left hand side—immediately after that I heard some screams—I saw him plunge at her with his right hand three times—on hearing the screams I ran towards them—Martha Page ran into my arms, and I brought her back to the door of my house—she said, "For God's sake let me come to your shop, that wretch has stabbed me"—I could not swear that the prisoner heard that; he was close by—she leaned against the wall at my door—the prisoner followed close behind me, and came and stood there, and I stood between them—the prisoner swore at her again as she was leaning there—he called her a d—b—, and said, "You decoyed my wife away to keep a whore's shop"—Page did not make any observation to that—he said nothing more to her that I recollect—I assisted in taking her to the hospital—after the prisoner made the thrust at her, I saw him put something into his left breast pocket—he was taken into custody by a policeman near my door, and I saw the policeman take a shoemaker's knife from his breast pocket, the same pocket where I had seen him put something.
Cross-examined. Q. He is a shoemaker by trade, is he not? A. I have heard so—I knew nothing of him before—I had seen Martha Page for about a fortnight previously—I believe she was nursing a relation next door—I do not know the prisoner's wife by sight—I was standing at my door all the while the conversation lasted—I was about as far from them as I am from you—from what I heard, the subject of the conversation was the prisoner asking her to tell him where his wife was—as often as he asked she refused to tell him—she appeared very determined not to tell him where his wife was—I judged from what I heard, and from his manner, that he was very anxious to discover.
SARAH PAGE . I live at Norwich, and am the mother of the deceased—she was twenty-four years old on Christmas-day last—her name was Martha Christmas Page—I saw her body after her death, at the German Hospital at Dalston—she had been staying at Howard-road six weeks before her death—she was not a servant there—she had been a servant, but she came up from a situation, and she was staying with a niece of mine who had been lately confined—the last situation she had been in was at Mrs. Southwell's, at Stoke Newington-green—her sister is married to the prisoner—she is an elder sister—they have been married about seven years—the prisoner is a shoemaker by trade—I do not know when they ceased to live together—I know nothing about that—I understood she left him.
CHARLES FROMMANN . I am house-surgeon at the German Hospital at Dalston—Martha Page was brought there on 5th May in the afternoon—I found she had a stab on the left side of the groin—there was only one wound—it was two inches deep, and half an inch in breadth externally—she remained in the hospital until the 13th—inflammation of the peritoneum came on—she died of peritonitis—the inflammation was the result of the wound she had received in the groin—I made a post-mortem examination—I found very considerable inflammation in consequence of the wound—I ascertained that inflammation to be the cause of death—an instrument such as this knife (produced) would cause such a wound as I discovered in the groin—the wound seemed to have been made with a sharp instrument—this knife is sharp at the edge.
Cross-examined. Q. Had the deceased been a patient at the hospital previously for some time? A. I was told that she had been an out-door patient at St. Bartholomew's—I do not know that of my own knowledge—I had never seen her before—she was a week in the hospital from the time of her admission to the time of her death—I did not observe during her stay there that she was suffering from a pulmonary disease—I examined her chest during her life.
COURT. Q. Did you find out there was anything amiss with her lungs during her life? A. Yes, there was.
MR. SLEIGH. Q. And her heart? A. Her heart was quite healthy—my post-mortem examination was not confined to an examination of the peritoneum and the abdominal viscera, it was a general examination—I examined the thoracic viscera, the lungs, and the heart—I opened the heart and the head, and examined the head—I examined all the viscera of importance—my deliberate opinion is that death was caused by the inflammation and suppuration supervening on the wound.
COURT. Q. Have you any doubt of that? A. Not any—I have no doubt that death was occasioned by the wound.
THOMAS BOLTON (Policeman, N 486). I was on duty on 5th May at Howard-road—I heard a cry of "Murder!" and "Police!"—on going up I found three women and the prisoner there—in consequence of what one of the women said I took him into custody—I searched him, and found this knife in his left breast coat-pocket—I took him to the station-house, and then went and assisted to take the wounded woman to the hospital.
Cross-examined. Q. This is an ordinary shoemaker's knife, I believe? A. Yes, it has the appearance of being used in the business—I do not know anything about the shoemaking business myself—I know enough to be able to say it has been evidently in use.
HENRY BOVIS (Police-sergeant, N 1). On 6th May, the day after this occurrence, I took the prisoner from the station-house to the police-court—at that time Martha Page was in the hospital—on our way to the court the prisoner said to me, "How is she this morning?"—I said, "I believe she is very bad"—he said, "She is the cause of it all; she was the cause of my breaking up my home and selling off at Walthamstow, and also in the Back-road, Kingsland, and she has been the cause of my wife's leaving me on several occasions"—previous to this I had told him that I should have to report what he said.
Cross-examined. Q. He was in a very excited state, I believe, when he was telling this to you? A. He was.
MARGARET STOVELL . I live in Mary-street, Hoxton Old Town, and am the wife of Samuel Stovell—he is a labouring man—I know the Howard-road—I could get there from our house in about twenty minutes—I lodged at the prisoner's house—he was the landlord of the house—I think I had lodged there about five months before this happened—I knew his wife—she lived with him until a week before this happened—it was through the drink that she went away—he continued to live there—they have no children—the prisoner used to work at home very hard when sober—he was a very hard-working man when sober—I remember his going out on the morning in question—the first time I saw him was about 9 o'clock in the morning—I came down stairs and found him below—I saw him sharpen a knife—it was a knife like this (produced)—he was sharpening it on a hone such as he used for that purpose—after he had sharpened it he put it in his left breast-pocket—I had known Martha Page, the deceased, for a short
time—before he put the knife in his pocket he put a email cork on the top of it, on the point—before he sharpened the knife I had told him that I had seen his wife's sister the night before—he asked me if I had seen his wife—I told him that I had not seen his wife, I had seen his wife's sister—he said, "What did she have to say for herself?"—I said, nothing much to say for herself but she said his wife should nut return to him again—he then said he would look for his wife, and if he found her he would lay her a corpse—those were the words he used—he used some bad language—he also said if he met her sister, and she said two words to him, he would rip her gate up—I begged of him not to do that, and told him he would be hanged—he then went on a great deal, and swore a great deal, and said he would sooner be hanged than be in the way he was then—I am quite sure he said that—it was during the time he was sharpening the knife that we had this conversation—he left the house about half-past 9—that was half an hour after this—he did not do any work that morning that I am aware of—he was up some time before me.
Cross-examined. Q. The prisoner used to work sometimes at home, and sometimes go out to work, did he not? A. I never knew him go out to work—I never said so—he always used to work at home—he had the front parlour to work in—he was in that parlour at the time he had this conversation with me—that was the place where he worked ordinarily—I had seen that knife before—it is the knife he used for cutting—I have known him to go out to buy leather—I never knew him to take the knife with him—I have never paid any attention as to whether he took the knife with him—I had often seen him when at work sharpen his knife on the same place on which, he sharpened it at this time—he might have carried that knife in the same place, and taken it out from his breast when he wanted it, but I do not know—he might have carried the knife in that way before, with the bit of cork on it, but I never noticed it—I believe he had lived about a year in that same house—he was there before me.
Q. From the time you came there, to the time his wife went away, I believe he behaved with very great kindness and affection towards her? A. He did, when sober—when he was sober he was a very comfortable man—he was as well conducted, quiet, and orderly a man as ever I saw in my life, when sober—he was given to drink—he then became very much excited, and would be so perhaps for some time after—I never knew that he had received an injury to his head—this is the first time I ever heard of it—hen he drank it affected his head—I never heard that he had received an injury to the head some time before—I have seen his father—I don't know him intimately—after his wife left him he was continually making inquiries about her, and seemed almost mad to get her back to him again—he laid the blame of her going away on the deceased—I can't say that he continually pegged of her to tell him where she was; I have not seen them together—the conversation on the morning in question lasted some few minutes before he went out.
MR. BODKIN. Q. You say he was ordinarily well conducted, and kind to his wife when sober. A. Yes—when he was under the influence of liquor he was like a madman—I saw him leave about half-past 9 that morning—he was then sober.
MR. SLEIGH. Q. How long previously to this conversation was it that the prisoner's wife went away? A. On Friday, 29th February—she did not go away while he was at work—he was gone out—she went away with the deceased woman.
GUILTY — DEATH .
FREDERICK SHEARMAN . I am a labourer in Spitalfields—I knew John Howard—on 10th April, between 1 and 2 in the morning, I was with him and some other persons at the corner of George-street—there was a disturbance with the prisoner and a lad named William Hartley, who is called Fairboy as a nick-name—there were two girls, lodgers of the prisoner's, there—they had a part in the row—I saw the prisoner take up a part of a brick and heave it at Fairboy, and it hit Jack Howard in the front of his head—he fell down senseless from the blow—we picked him up, and strapped up his head with a bit of strapping, and he came out again a short time afterwards—he took no more notice of it then—he fell backwards, I believe—the back part of his head was cut—I saw it—it was bleeding a little at the part where he fell—the brick was a three-quarter brick—the prisoner was about three yards from him when she threw it—I saw Howard three or four days afterwards, and he said he had been fighting again outside the Bells, in Brick-lane—he said he had got pretty well from what the prisoner had done—he took no more notice of that until about three weeks after—he said when he was fighting outside the Bells he was struck down again.
Prisoner. Q. Did you not see the young man make a blow at me before I took up the brick? A. Fairboy had made a blow at you, and called you a good many names—I believe he said that you had given him in charge to the police, and had him taken to the station.
COURT. Q. Was Fairboy sober? A. Yes—I can't exactly say whether the prisoner was—she did not appear exactly sober—if she had heaved the brick with the intention of hitting Fairboy, she might have hit him, as she was only three yards from him—she might have done it to frighten him, or she might have done it to hit him, I can't say for certain.
JOHN BEADENELL GILL . I was surgeon at the London Hospital when Howard was brought there—it was some days before 23d May—the cause of his death was abscess in the brain, in the upper part on the left side—I attribute that to an injury in the front part of the head, some what on the right side—there was some diseased bone—I could not tell from the appearances how long before the injury had been inflicted—I could tell that it had been for more than two or three days—there was a small external opening on the head; it would not heal—it went down to the skull bone, not into the bone—the cause of death was the abscess on the top of the brain—I don't mean exactly on the surface, it was in the substance of the brain—I don't think it could possibly have been caused by a fall—it might have been, but not from the collateral circumstances—such a thing may have been, although I have never seen anything like it—I could not say it might not be so—I think it is more probable it was caused by something thrown—it was consistent with the appearances that the injury might have been caused as long ago as 12th April—he died on 1st June—he was trephined twice—he died from the effect of the disease—trephining was his only chance—it was skilfully done by one of the first men in London.
NOT GUILTY .
MR. LAWRENCE, after opening the case, and stating that the Grand Jury had thrown out the bill, with the concurrence of the Court offered no evidence.
NOT GUILTY .
MR. ROBINSON, having opened the case, with the sanction of the Court, offered no evidence, the Grand Jury having in this case also ignored the bill.
NOT GUILTY .
MR. BEST conducted the Prosecution.
OWEN SULLIVAN . I am a tailor, and live at 12, Fireball-court, Shoreditch—the prisoner lived in the same house—he is my landlord—on Monday, 23rd May, between 11 and 12 at night, I was in the one-pair room, where Mr. Bream lives—the prisoner insulted my wife—we did not quarrel, but we spoke sharp words to each other, and he promised that there was something in store for me the following morning—I saw him next day, about 1 o'clock, in Houndsditch, and he came across to me, and we made friends again, and shook hands—I was going to a public-house to have some beer, and he asked me to his own place—there was a man named Moore there—I had no beer there—as I entered the place the parties were drunk—they quarrelled with me, Mrs. Leary and Mrs. Donovan did, through the words that happened the night before—Moore was sitting down drunk, and he got up beside the women, and we had some words together, and my wife came down stairs and put me outside the street-door—after I had been out for some time, I went and stood up against the door—no; I made a mistake, I stood outside the door, till Moore came out—he did not come out; he stood in the passage—he made a kick at me, as I thought, and I put my hand to return the blow to him—Bream jumped out, and took hold of me and took me up to the next door, and Moore went on his way—I then returned back and stood at the street door—that was about half-past 4 o'clock—I stood at the door until close upon half-past 6, or between that and 7, with my hands in my pocket, and three halfpence, looking out for my wife, to get some more halfpence from her, to make up enough for a pint of beer—as I stood there the prisoner came up; the passage is very narrow, two abreast can't stand in it—I had to stand on one side to give him liberty to pass—he walked in, returned in a few minutes, pressed me dose to the wall and drove something through me that he had—it went through my coat, trousers stomach and all—I turned round and said, "Did not I make room enough for you to pass by without hurting me to that degree;" I felt hurt and kept rubbing myself—he stepped outside the door, put hit hand that he did the deed with under his leather apron, and said, "You b—b—I will break the eye in your head, and six like you."—he then went away—I saw my wife coming out of a neighbour's door opposite, and I followed her for the halfpence for the beer—we went up to a friend's room—I then put my hand in my left breeches pocket, and when I took it out it was full of blood—my wife then undid my trousers and said I was stabbed—I found that I was stabbed in the stomach—I was taken to Dr. Brown's, in St. Mary Axe, and from there to the London Hospital, where I was attended by Mr. Gill—I staid there till the next afternoon—I was afterwards attended at home, by Mr. Hadlow, a surgeon.
Prisoner. Q. What was the reason you came into my place and kicked up a row with a man there, and broke my furniture? A. You brought me in—I did not kick up a row—my wife put me outside because they kicked up a quarrel with me, and I made an answer to the words spoken to me—
I said when I was wounded that somebody had been throwing some water over me; I said that its the blood was running from me—I told my wife that you had hurt me; I was not aware that you had stabbed me—I never said I did not know who hurt me—I did not see any knife with Moore, nor did I with you—it was close upon two hours after Moore had gone that I found the blood upon me.
COURT. Q. Was it with the left hand that he struck? A. Yes—at the time this happened I was neither drunk or sober—I had not been fighting in the court on this Tuesday, only with the same parties, this Mr. Moore that I have mentioned—I had not been fighting with Moore—I told the magistrate I had, because I had words; I did not fight with anybody—I did not fight in the court that day—I did fight with Moore, I made a blow at him—he made a kick at me first—that was from 4 to half-past 4, in the prisoner's room; I was outside the door and he was in the passage—the prisoner did not interfere in the quarrel between me and Moore—I stood at the door two hours after fighting with Moore, waiting for the halfpence—I was not aware that I was stabbed until my wife came up—I felt hurt, but no more; it was like a sting, I thought it was nothing—I did not feel at all hurt before the prisoner came past me, close upon half-past 6—I was sober enough to know that.
ANNE SULLIVAN . I am the wife of ower Sullivan—on Tuesday, 24th May last, I saw my husband the better part of the day—I saw him about half-past 6 in the evening; he was standing in the passage of his lodging—e went into Mrs. Donovan's room—he there put his hand into his pocket and pulled it out full of blood—I undid his trowsers and found that he was stabbed—I saw him to the hospital.
Prisoner. Q. Did you see me in the court at the time. A. No; I had put my husband out of your place about half-past 4 o'clock—they were all inciting to quarrel; they were not fighting, but I saw them all inclined to quarrel—I saw no blows—there were words, and that brought me down-stairs—I was not there at the commencement—he did not knock your place about—it was about half-past 4 that I fetched him out—I did not see Moore in the court after that—it was about half-past 6 that I found my husband stabbed—I went into Mrs. Donovan's for fear he should ask me for more money, and to tell Mrs. Donovan not to abuse Mrs. Nash, who was wanting my husband to come in—I was present when my husband shoved Mrs. Nash, and told her to mind her own business; that was because she wanted him to go upstairs to his own apartments with me—he did not knock her down; she stumbled, but did not fall—I could not say that my husband was sober, and I could not say that he was drunk.
COURT. Q. When had you last seen the prisoner on the Tuesday? A. I did not see him, but I heard his voice in his own place—I did not see him at all between 6 and 7; I was at a neighbour's house at the time.
ANN NASH . I live in Petticoat-lane—I know the prisoner and prosecutor—on Tuesday afternoon, 24th May, I saw Sullivan and his wife—she was wanting to take him upstairs, and he would not go—he was not drunk, and he was not sober—I asked him to go up—he told me to mind my own business, and he caught hold of me, put his hands on my shoulder, and pushed me, and I fell with the push—Leary came out of his apartment and stopped in the passage, and Sullivan was in the passage with him—this was between five and six o'clock—the two went out to the door together—Leary went out before Sullivan—he pushed out, and Sullivan said, "Leary, push out and don't hurt me"—the door-way is narrow—Sullivan sat in the passage, and
Leary went out to the end of the court, and Sullivan eat in the passage, and then went over to Donovan's and went upstairs, and about twenty minutes afterwards a boy brought him down on his back—I did not hear Leary say anything to Sullivan as he went out—I did not notice anybody else go out about that time—I am deficient in my sight—I don't know whether they did or not—I do not know Moore.
Prisoner. Q. Did you see anything in my hands when I went out of the court? A. No—Sullivan had been fighting with Moore before that—I did not see it—it was William McCarthy that brought Sullivan down stairs—he then went to the apothecary's in St. Mary Axe; from there to the London Hospital.
COURT. Q. Was it about half-past six that you saw them together in the passage? A. Yes—Sullivan was then inside the passage—he was not there long—not for two hours—the two came to the door together—Leary was coming out of the house—I did not see him go in—Sullivan lives upstairs—he came downstairs when this happened—he was there a good bit before it happened—he was inside Leary's apartment, and then he came out to argue with his wife—she wanted to take him up into his own apartment—he and Leary were not standing very long in the passage—they were coming out of the house together—Sullivan had been standing there about half an hour—I was there for better than an hour.
JOHN WHEATLEY (City policeman, 634). On 27th May I met the prisoner in St. Mary Axe about one in the day—I asked if he knew the person that had stabbed Sullivan—he said he did, and if I would accompany him to the station he would give information—I went with him to the station, and he said the man that had stabbed Sullivan was a man of the name of Moore, a tailor, living at No. 9, Crown-court, Long-alley—I was then sent to apprehend Moore—I went to his residence and saw him at work—the prisoner accompanied me—I told Moore that I had come to take him in charge for stabbing a man of the name of Sullivan—he said he knew nothing about it, he was quite willing to go to the station—the prisoner said to Moore, "You know he struck you three times"—Moore replied that any man that struck him he would stab him, and with that he came with me to the station—I was then sent for Mrs. Sullivan—the prisoner was there when she arrived—in consequence of what she said we discharged Moore, and the prisoner was detained.
COURT. Q. I believe Moore has since left his lodging and you have not been able to find him? A. Yes—I have looked for him upon several occasions, and made inquiries after him—he has absconded.
NOT GUILTY .
NEW COURT—Thursday, June 16th, 1859.
PRESENT—Mr. BARON BRAMWELL; SIR CHAMPMAN MARSHALL, Knt., Ald.;
Mr. Ald. LAWRENCE; and Mr. Ald MECHI
Before Mr. Baron Bramwell and the Third Jury.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .
He received Good Character.— Confined Eight Months.
MR. GIFFARD conducted the Prosecution.
SAMUEL BOWLES BIGG . I live at Penge, in Surrey, and am in the service of Messrs. Leaf and Co., No. 39, Old Change—I knew the defendants carrying on business as wine merchants—in 1857 Terence McClean called on me—he wanted me to lend him 100l.—he said he had an opportunity of purchasing some wine—I agreed to lend him 100l.—I shortly afterwards gave him a cheque for 100l., and he gave me a "We O U" signed by James McClean and himself, dated 6th June. On 10th or 12th June he called again, and requested a further loan of 150l., and I took a cheque to their place of business in Skinner Street for 150l.—I gave it to James McClean, and he gave me this memorandum, "We O U, Mr. Bigg, one hundred and fifty pounds sterling. J. & T. C. McClean"—in the following October, towards the latter end of the month, I applied for my money to James McClean, and he wrote me a letter to say that his brother was out of town—this is the letter—it is in the handwriting of James McClean (read:) "Skinner-street, Nov. 6, 1857. Dear Bigg: I cannot at present appoint a day to let you have the needful, as my brother is not at home yet. I expect him on Monday, when I will write to you, but I fear we will not be able to let you have it till very near Christmas, as he has been buying largely in Dublin, not expecting you would require payment for some time yet With kind regards to Mrs. Bigg, believe me yours truly, J. McClean."—In a few days afterwards Terence called upon me—he said he could not let me have the money at present, but he would in three or four weeks' time—I requested him to give me a bill of acceptance for the 250l., and on the 21st November he brought me this bill accepted, dated 18th Nov. 1857—it is drawn by Samuel Bowles Bigg, and accepted by J. and T. McClean, for payment of 250l. one month after date—it became due in December—on the Sunday previous to the bill becoming due James McClean called on me and told me that they should be unable to meet this bill, and proposed to give me three other bills for the amount, and the security of his mother-in-law, Mrs. Ann Southgate, for the payment—I agreed to that, and on the following day Terence came and brought me three bills at one, two, and three months, for 84l. 19s. 6d. each—these are the bills dated the 21st December, 1857, and accepted by them—in addition to these he brought me a promissory note from Mrs. Ann Southgate—this is it (read:) "21st Dec. 1857. Six months after date I promise to pay to Mr. Bigg 250l. Ann Southgate."—I believe the body of it is James McClean's writing—the note is drawn at six months, and Terence McClean said it was drawn at a long date for this reason, that Mrs. Southgate was very fidgetty in money matters, and she did not like to accept a bill unless she was sure to be provided with the means of payment, and in order to that she had to give notice to her trustees—he requested that I should give him a letter to Mrs. Southgate before I received that note, as a collateral security for the payment of the three bills, and I did so—I wrote it at the time, and gave it to Terence McClean.
MR. BIGG (continued). This is a copy of the letter I wrote—"Dec. 21, 1857. Dear Madam,—I beg to acknowledge the receipt of your note of hand for 250l., dated this day, as collateral security for the due payment of three bills of exchange, accepted by J. & T. McClean in my favour, each for the sum of 84l. 19s. 6d., dated this day, and payable at one, two,
and three months.—Obediently yours, S. B. Bigg.—To Mrs. Ann Southgate." After receiving the three bills and the promissory note, I returned to Terence McClean the acceptance for the 250l.—the first of the bills would be due in January, 1858; and about the 21st January I received this letter, signed J. &. T. C. McClean—(Read) "To S. B. Bigg, Esq. Dear Sir,—Finding that we cannot pay our acceptance due on the 24th inst., may we request that you will use the enclosed, if necessary, to pay the amount? Let us know the expenses, and we will hand it to you. We date this at three months, and trust we will be able to take up all the bills when they fall due, as we are happy to inform you, and know you will be glad to hear it, that we pretty well see our way, having got over the difficulty of which we told you. "The letter enclosed a bill for 84l. 19s. 4d., for three months—I returned that acceptance—the other bills were presented, and not met—James McClean called on me some time before they became bankrupts, and told me they should be obliged to suspend payment—he told me that I should ultimately get my money, and I received a letter from him after that, expressing a hope that I should not oppose him in the Bankruptcy Court—I have lost that letter—the prisoners became bankrupts about February 4th—I did not oppose them—the promissory note became due in June—it was not presented in consequence of my hearing that Mrs. Southgate was away from London—on 17th June I received this letter which is the writing of James McClean—(Read) "Elberie, Normandy, 15th June, 1858. Dear Sir,—I regret to inform you that it will not be in our power to pay your bill due the latter end of this month, and I think it better to let you know so now, so that you will not be disappointed at the last moment. It is with much reluctance I make this communication to you, after having told you at the time we got your money that there would be no disappointment in the payment, of it; but things having turned out since then so contrary to our expectation, there is no alternative left me. In trying to ward off the evil day we unfortunately have involved Mrs. Southgate to a very large amount,—indeed, far beyond her present means of payment; so that she will be compelled to remain on the Continent for some time, to enable her to pay a composition of 5s. in the pound, which two out of the three creditors whom she guaranteed for us have consented to take, giving two years to pay it. The other creditor would not give the time; so she is compelled to set him at defiance, and I expect he will soon be glad to come to the same arrangement as the others. We did not wish I her to bring you under this agreement, as we hope to be able to pay you in full ourselves, now that we have secured our business and commission without the assistance of our many pretended friends. We have certainly proved the old adage that a friend in need is a friend indeed. When you have got whatever small dividend there will be from the Bankruptcy Court, my brother will see you, and I hope will be able to make soon arrangements with you as will be satisfactory for the payment of the balance of your claim. I will send this letter to Old Change, so that you need not make the contents known to your friends, unless you think it necessary; as the fewer people know of such matters the better. Hoping Mrs. Bigg and yourself are quite well, I remain, Dear Sir, Yours truly, James McClean. "To S. B. Bigg, Esq., at Messrs. Leaf & Sons, Old Change, London, England." After this I instructed my solicitor to take proceedings against Mrs. South-gate to recover the amount of my promissory note—that was in June or July—about the middle of September Terence McClean called on me—he said he had come to make some proposition with reference to this promissory note for 250l.—he proposed to give me bills payable every three months
respectively at 12l. 10s. each for the payment of the 250l.—I told him I had had enough of bills, and if he meant to pay me to give me money down—he said he could not do that, and the fact was it was essential that this promissory note should not come to the knowledge of Mrs. Southgate, for she was not aware of its existence—I said, "How is that?"—he said, "She signed it, believing she signed a receipt for rent;" and he said, "If this comes to her knowledge she will no longer continue to reside with us, and we shall then be deprived of the means of paying you—she herself can't pay you; she has only a life-income, and is already embarrassed"—I told him that I could not take those bills, nor listen to any terms, unless they could pay me some money—he said he would see his brother, and let me know further about it—on the next day I received this letter, which is the handwriting of Terence McClean—(Read) "To S. B. Bigg, Esq. Dear Sir,—Having nothing to add to what passed yesterday, I deem it useless to take up your time. I expect my brother will wait on yourself and Mr. Dignum to-morrow or next day. I am, yours respectfully, T. C. McClean. September 21st." I told Mr. Dignum, my solicitor, and left the matter in his hands.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You were acquainted with these gentlemen, and they were carrying on business as wine and ale merchants? A. Yes—I can't say how long they had been in business—I had known them previously—I only knew Mrs. Southgate by seeing her at their house when I visited there—she was an elderly lady, I think about fifty-eight, she was rather feeble—I saw no want of intelligence in her—she lived in James McClean's house—his wife was her daughter—I did not know that at the time they first asked me for money, they were a good deal pressed—I lent it as a friend—I did not make a charge for interest—they offered me eight per cent., and that I took—that was not deducted when I lent the 100l.—I have not been paid since the time that they gave me the three bills—they paid the interest at that time—I can't recollect the exact amount—I did not know that Mrs. Southgate had gone to Normandy till I received the letter of 15th June—after I had got that communication I went on with my proceedings—I directed my attorney to proceed after I had been told that the note had been obtained as a supposed receipt for rent—I did not know whether to believe what he had stated, or not.
MR. GIFFARD. Q. Look at this account: is this the last account? A. Yes—there was no distinct sum named for interest in the first instance—I have been paid 7d. in the pound—I did not know, except by that letter of 15th June, that Mrs. Southgate was abroad—I had no other means of knowing it.
COURT. Q. You have told us the conversation you had when he stated it was necessary that this note should not come to the knowledge of the lady; give us the very words he used, as nearly as you can. A. He said he had written this note, and she signed it under the impression that she was signing a receipt for rent, and he said if it came to her knowledge she would no longer continue to reside there, and they would be deprived of their means.
THOMAS DIGNUM . I am an attorney, and live in Size-lane—I was instructed by Mr. Bigg to bring an action against Mrs. Southgate—I issued a writ—this is the writ of summons—it is dated 11th August, 1858, on the promissory note for 250l.—there was no appearance, and I afterwards obtained a judge's order—the writ was issued on 11th August, and on 23d
September I saw James McClean—he said he called respecting proposing terms for the settlement of the debt—he spoke of the writ—he said he knew it had been attempted to be served, and he proposed to pay 50l. a year by quarterly payments—he said that was the most he could do—I told him that had been proposed before by him, and that Mr. Bigg had declined it—he said Mrs. Southgate would be unable to pay it, as she had only a life income under her husband's will, and that had been reduced, and she was under engagements—I said I should proceed in the action—he then said it would be useless to do so, for Mrs. Southgate did not know that she bad signed a promissory note at the time she put her signature; for at the time she put her signature it was a blank paper, and she believed it to be a, receipt for rent—I shook my head at that—I could not believe it—I don't know that I said that, but I shook my head, and he replied immediately, "It is a fact"—what I did after that was by the advice of counsel.
Cross-examined. Q. At the time you shook your head in that way you were pretty firmly convinced that he was telling you a lie—you did not believe it and you do not believe it? A. I do now—at the time I shook my head I believe he told me so; but I did not believe he could have told me such an untruth—I went on with the trial by direction of counsel—I subpoened the two prisoners to be present—the day before it was to be tried Mrs. Southgate died.
EDWARD HUTTON . In September I was employed to serve a writ on Mrs. Southgate—I went to Sloane-street, Chelsea, and watched the house nearly three weeks—I don't know the number—the house was under repair and there was no number up—when I was watching I saw persons go to the door, and the door was generally opened by James McClean—he was generally there—I saw Terence McClean several times leave the house in the morning.
COURT. Q. Was that all the effort you made to attempt to serve the writ? A. My information was, that it was no use to attempt to serve the writ.
CHARLES HARDINGE . On 19th March I went to a house in Sloane-terrace—Mrs. Southgate was sitting in bed—James McClean was there—he spoke to me—I produced an affidavit—he took it, and went away up-stairs—he came down and said the lady was all ready, or something to that effect—I went up to her room and administered the oath to her—she seemed perfectly conscious at that time—this is the affidavit—(Read):—I, Ann Southgate, of No. 1, Sloane-terrace, Sloane-street, in the county of Middlesex, widow, the above named defendant, make oath, and say,—(1). That I have been informed by my attorney that this action is brought by the above named plaintiff to recover the sum of 250l. upon a promissory note purporting to be signed by me—(2). That I have never had any business transactions with the above named plaintiff, nor have I ever spoken to him on any matter of business, or was I ever indebted to him in any sum of money whatever—(3). That I have never been applied to by him, or by any person on I his behalf, for payment of any sum of money whatever—(4). That I never accepted, made, or signed any bill, promissory note, or note of hand, with the above-named plaintiff's name to it, or any bill, promissory note, or note of hand, for 250l., either in favour of the plaintiff, or of any other person—(5). That I have never received any money from the said plaintiff at any time, either in the way of business, or otherwise—(6). That the first intimation I had of the plaintiffs having any claim whatever upon me, or of this action being brought against me by
him, was the copy order annexed hereto, which I received on the 8th day of March instant—(7). That I am advised, and truly believe, that if I am allowed to appear, that I have a good defence upon the merits to this action. "—Signed, "Ann Southgate."
J. MCCLEAN— GUILTY of forging.
T. MCCLEAN— GUILTY of uttering.
Recommended to mercy by the Jury believing they were in embarrassed circumstances and were in hopes to retrieve themselves. Four Years' Penal
PLEADED GUILTY .— Four Years' Penal Servitude.
604. GEORGE WOODHEAD (32) , Burglary in the dwelling-house of Paul Puzey, and stealing 1 pint and a-half of rum, value 1s.; 1 quartern of peppermint, value 6d.; 2 bottles, value 2d.; 9 cakes, value 4d.; and 1l. 19s. 6d. in money, his property.
MR. PLATT conducted the Prosecution.
PAUL PUZEY . I keep the Island Queen public-house in Hanover-street, Islington—it is my dwelling-house, and in the parish of St. Mary, Islington—on 14th May I went to bed about half-past 12 o'clock at night—before I went to bed I secured the house—the door that leads into the bar was bolted—the kitchen window was closed—I can't say whether it was fastened—the house was closed as usual—about 3 o'clock I was disturbed by a noise on the stairs—I got up and went down to the bar—I found the prisoner there—he was the police constable on duty—he said to me, "I have found your place open as usual"—I had been called up by the prisoner twice previously, and found the place open—I said the place was secure when I went to bed—just at the time I got to the bottom of the stairs the police sergeant was passing, and he asked the prisoner how he came in there—he said he came in by the kitchen window—he said, at first, that he found the side door open, and after that he said he came in by the kitchen window—I am sure that door was bolted when I went to bed, I bolted it myself, and the window was shut down close—when I found the prisoner in the bar the window was open sufficiently to allow a person to get in—that kitchen window opens into a yard, and that yard communicates with the street by a gate—by going through the gate you could get to the kitchen window; and that gate is only fastened by a string—the sergeant desired me to look round, and I missed from a cupboard 1l. 1s. 6d. in silver, and about 18s. in copper; and from the till I missed a few coppers, and 1s. 6d. in silver—these two bottles (looking at them) are mine—I can swear to them—they have my name on them—when I went to bed I left them in the bar empty; now one of them has rum and the other peppermint in it—I had rum and peppermint in my possession, and they were near where these bottles were—I had some cakes, similar to those which are now produced—I saw all these things taken from the prisoner—these bottles were in his coat pocket—this money was in his trowsers pockets and his coat pocket—these cakes were in his hat—there is a dust-hole outside my house—when the prisoner was taken he passed by the dust-hole, and had an opportunity of putting anything into that dust-hole—I afterwards found 5s. 2d. in copper there.
Cross-examined by MR. BEST. Q. Were these coppers loose in the dust-hole? A. Yes; all loose—I am married—I keep three servants—I was up last that night—my wife and servants went to bed before me—I went round
the house that night, and examined everything—I saw the kitchen window was shut—I did not examine whether it was bolted—the noise that I heard on the stairs was the knocking of the prisoner's staff.
WILLIAM ROBINSON (Police Sergeant, 50 N). About 3 o'clock in the morning, on 14th May, I was on duty in Hanover-street—I heard a noise in the bar of the Island Queen—after waiting a short time, I tried the side door—I found it was closed; but when I tried it, it opened, and I walked in—I found the prisoner there and the landlord—the prisoner was the constable on the beat—he was addressing the landlord, and saying, "I found your place open as usual"—I asked the prisoner how he came there—he said, "I entered by the kitchen window, which I found wide open"—I said to him, "You had no right to enter; you should have knocked on the outside"—I went down stairs to see in what state the back kitchen window was, and it was open wide enough for a person to get in—I told Mr. Puzey to examine his premises, to see if he missed anything—he said he missed 1l. 1s. 6d. in silver, and 18s. in copper, which were in three pint pots, and two of the pots were empty, and the third was nearly so—I said, "This seems a singular affair"—the landlord said he believed no one had been there but the policeman—the prisoner went out at the side door while I and the landlord were talking; and I opened the door and called the prisoner in—the dust-hole is a quantity of rubbish, which lies near the side door—I afterwards found in that dust-hole 5s. 2d. in coppers—I desired the prisoner to come to the station, and when there I asked him what money he had about him—he said about 30s. in silver and copper—I told him to put it on the table; and he took from his trowsers pockets 1l. 1s. 6d. in silver, and 4s. 9d. in copper—I asked if that was all he had got—he said yes—I said, "I shall search you"—he then said, "I have got some more;" and he took from the breast pocket of his coat these two bottles, which contained rum and peppermint, and 11s. 4d. in coppers—I then took his hat off, and found in it these nine cakes.
Cross-examined. Q. When you got in, you told the prisoner he had no business there? A. Yes—there were no marks of violence on the side-door.
GUILTY .— Ten Year's Penal Servitude.
MR. GIFFORD conducted the Prosecution.
ROBERT HASPINALL . I am a pointsman on the West London Railway—I saw the points all safe at the Shepherd's Bush coal-yard on the 6th of May, at half-past 4 o'clock—they are the points which enable carriages to go aside from off the line—about 5 o'clock I came back, and I saw the prisoner with the point-iron in his hand, shoving it hard over; and there was another lad sitting on the side of the road—I went towards the prisoner, and when I got within a few yards of him he saw me, and he and the other lad ran away—I found the bolt had been pulled out, and the points were partly open—they were half brought over, so that a train would run on the side—the effect would have been, that if a train had come, it must have gone aside the line to some cottages where there were some workmen.
Cross-examined by MR. RIBTON. Q. The points might have closed? A. Yes, when the train had gone through—the coulter is an iron bolt which secures the points together—when the coulter is pulled out, the points start aside—the coulter is attached to a chain—I saw it safe at half-past 4 o'clock—I had been in at my tea, and I saw the prisoner about 6 o'clock—the last
train was gone—I saw the prisoner and another boy—I was about 300 yards off when I first saw them—the boys play at that part if I am not there—I shift them from off the line—on the side of the line there is a meadow and a coal place—there is a fence 4 feet 6 inches high—when I was 300 yards distance I saw the prisoner with the point-handle in his hand—I did not see him with the colter—he was twisting the handle about—I got within twenty yards of him before he ran away—there were some gravel stones and bricks keeping the points open.
Recommended to mercy by the Jury on account of his youth.— Confined Three Months.
THIRD COURT.—Thursday, June 16th, 1859.
PRESENT—Mr. RECORDER; Mr. Ald. ROSE, and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY .*— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
MR. GIBBONS conducted the Prosecution.
ROBERT FITZGERALD . I am a tailor of Long-alley, Moorfields—on 30th May, about a quarter to 9 at night, I met the prisoner and a companion of his, whose name I do not know, in Bell-alley—I asked the other man who was carrying a box, where he was going to—I never spoke to the prisoner, but he turned round and said that he was a better man than I was—he was rather intoxicated and perhaps he mistook my words—I said that very likely he was—he swore that he was a b—y sight better, and knocked me down and kicked me on the forehead—I got up and told him I would give him in custody—he turned back to strike me again; I stepped back to avoid it, he rose his leg, kicked me in the lower part of my person, and knocked me down—I got up and endeavoured to hold him till a constable came, and then gave him in custody—I went to a doctor next day—I was unable to work for the first week in consequence of the injury I received from the kick—I never gave him the slightest provocation whatever.
Prisoner. I am very sorry for doing it.
THOMAS CHANDLER . I am a surgeon of 74, Sun-street—I examined the prosecutor on 30th May, and found him bleeding very profusely from the penis, which had been injured considerably by external violence—it will terminate in stricture, and it may terminate in stricture of a very severe kind—he had also a small wound on the temple.
GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
610. GEORGE ROUSE (24) , Stealing 1 cart, 1 horse, and one set of harness, value 40l. the property of Arthur Stapley; and WILLIAM JACKAMAN , DANIEL THOROUGHGOOD and ROBERT JACOBS feloniously receiving the same; to which
ROUSE— PLEADED GUILTY .— Confined Twelve Months.
MR. THOMPSON conducted the Prosecution.
ARTHUR STAPLEY . I am a cab proprietor of 7, Warwick-street, Golden-square—on 7th May, Rouse entered my service as driver, and on the 9th about 6 o'clock in the evening he went out with a cab and horse belonging to me—his time to return was 6 next morning—he did not return, and I did not see him till I found him in custody on the 15th—the cab, horse, and harness, were worth about 40l.—I saw the cab in Rosemary-lane I think on Monday 16th—I went down to Stratford that day with an officer, and saw Through good at the Three Pigeons—the officer asked him if he had purchased a horse; he said that he had not, but he had exchanged a pony and given 5s. to boot—he afterwards took me to a field and showed me my horse—I saw Jackaman the same afternoon, and told him that he was wanted inside—he came in and the officer asked him if he had bought any harness, he said yes he had, and a pony of Rouse, and he asked him 10l. for the harness, that he knew nothing himself, but if we wanted to find out, we were to go and get somebody to find it out—I afterwards took him in custody.
Cross-examined by MS. COOPER. A. Did you go with, the policeman Batchelor and ask Thoroughgood whether he had bought a horse? A. Yes, and he said he had not bought one but exchanged one—he took me into a field and showed me the horse—I know him, he is a butcher and has an excellent character—I believe him to be no more guilty than myself not with guilty knowledge—the horse is worth 5 or 6l. to sell again, but he is worth 10l. to me.
Cross-examined by MR. ATKINSON. Q. I suppose your opinion is that the parties bought it not knowing it was stolen? A. Yes, as far as Through-good is concerned—I heard the policeman say to Jacobs "Have you bought any harness lately?" and he did not deny it—I found that he was the ostler there—he was impertinent, and I fancy he was a little the worse for drink—Jackaman did not tell me where to go for the cab.
Cross-examined by MR. METCALFE. Q. Did you say "A horse belonging to Jacobs?" A. "A pony and cart"—the cab had not been considerably repaired when I found it at Jacobs' place—I have not repaired it since—I did not see the receipt for 10l. which was found on Jacobs—I will not swear that I heard Jacobs say that he bought the cab in the Pigeons' yard where it was being sold—it is worth 30l., I gave 45l. for it ten months ago, the harness is worth 25l.
GEORGE BATCHELOR (Policeman, G 19). I took Rouse and told him he was charged with stealing a hone and a cab—he said that he had sold it to some horse keepers in Whitechapel—I searched him and found on him 8l. 3s. 11d. and a new coat—he said that the money was part of 10l. which he had received for the cab, and the coat was bought with the money—on 16th May, I went to the Three Pigeons at Stratford and saw Thoroughgood there—he is a butcher I believe—I asked him if he had bought a horse these last few days—he said, "No," but that that he had exchanged a pony
of his for one, and gave 5l. into the bargain—he took me to a field and showed me a horse which was identified by the prosecutor—I afterwards saw Jackaman at the Three Pigeons and asked him if he had bought any harness lately, he said, "Yes," he had got a set which he allowed 10l. for, that he had got it from Rouse when he bought the pony which was exchanged by Thoroughgood and Rouse—I told him that I should take him in custody—I searched him and found this plate (produced) off of the stolen cab, with the name of Arthur Stapley on it, in his pocket—on the same night I went to Rosemary-lane, and found the cabman in a stable there belonging to a person named Green, part of which Jacobs rented for his cab—Mr. Stapley who was with me identified the cab—I then went to Albert-street and apprehended him—he said that he had bought it and gave 10l. for it, and had got the receipt in his pocket—it is signed H. Smith, and witnessed by William Jackaman, Eagle tavern, Stratford New Town—Jacobs carries on a general shop.
Cross-examined by MR. COOPER. Q. Does Thoroughgood live in the Pigeons'-yard? A. Yes—I found nothing against him; everybody speaks well of him.
Cross-examined by MR. ATKINSON. Q. Do you know that Jackaman keeps the Eagle? A. Yes, he did—he was ostler at the Pigeons, but he kept the Eagle beer-shop—he told me, when I found the ticket in his pocket, that it had fallen out of Rouse's pocket in Thoroughgood's house; and he had picked it up on Thursday and put it in his pocket, intending to give it to the first policeman he saw, as he thought there was something wrong—this was on the Monday following—he said that he had given 2l. for the pony, and had allowed 10s. besides for the harness—the harness is not here—it was given up, and also the horse and the cab.
Cross-examined by MR. METCALFE. Q. Is the Pigeons at Stratford a large hotel? A. It is a public-house—a great many people drive there and put up—it is on the Romford-road—Jacobs did not tell me he bought it in the public yard of the Pigeons, or that it was being sold by auction—I know now that it was there—I found that out before I went there, but not from either of the prisoners.
Cross-examined by MR. METCALFE. Q. When you built it? A. It was worth 45l. when I built it, and it is worth 35l. now to Mr. Stapley—I would give him 25l. for it—if it was put up at a sale, any cab proprietor would give that for it—it was not patched when I saw it, which was the day of the committal.
The COURT considered that there was not the slightest ease against JACKAMAN and THOROUGHGOOD.
NOT GUILTY .
MR. METCALFE called
WILLIAM JACKAMAN . I have been ostler at the Pigeons six months, and have kept the Eagle, turned six months—the cab came to my yard on the 9th, driven by Rouse, and remained there till the 15th—he said, "Are you ostler?"—I said "Yes"—he said, "Will you give my horse a feed?" and that he was going to put it up for the night—I did so, and washed him—I said, "I am going home; what time are you going to start in the morning?"—he said, "Five o'clock"—when the bill was run up for corn, my governour wanted his money—I asked Rouse for it on Friday night, the 13th—he was going to Stratford, and the cab was put up for sale on the Tuesday, and plenty of people came to the yard and looked at it—I did not
know Mr. Jacobs, but there were a lot of them there—he said, "What do you want for it?"—House said, "Fourteen pounds"—he said, "I will give 10l."—Rouse said "Yes," and he knocked it down in my presence—this was a market day, and there is not a house on the road at which more people stop—Jacobs asked me whose cab it was—Rouse said, "It is mine," and gave his name as Smith—I signed my name to it when I saw it paid for—I remember hearing Rouse say that he was a cab proprietor; that he had got two cabs, and had lost 40l. in the last six months, and was going to sell right out—this man is just as innocent as I am.
Cross-examined by MR. THOMPSON. Q. Have you always lived at Stratford? A. No; I have lived there about nine months—before that I lived at the Rising Sun, at East Ham—I have not always lived in that neighbourhood—I have been a soldier—the sale took place about 3 o'clock on Saturday afternoon—I found the plate on the Monday—I took it away from the child—Rouse was at Thoroughgood's, and left his jacket there, and the children took it out of his pocket—it was in the front room; you may call it the kitchen—I did not tell the prisoner I found it on Thursday—I said that I found it on Monday morning—I do not know who produced the piece of paper he wrote the receipt on—he asked me to write, and I said that I would do anything to oblige any gentleman there, as I was a scholar; and I wrote the top part—there was no auctioneer—I had never seen Jacobs till that day.
MR. METCALFE. Q. After it was bought, was it left there? A. Yes—it was taken away on Sunday afternoon—it was left standing in the yard—a policeman was in the yard every day—policemen were passing and repassing.
DANIEL THOROUGHGOOD . I am a butcher and eating-house keeper, living in the Pigeons-yard—I do not remember the cab being sold, but I saw Mr. Jacobs take the 10l. out of his pocket and lay it on the table—I had never seen him before—I saw Mr. Jackaman writing out something—I do not know what it was—I did not hear what they said—I had seen the cab stand publicly in the Pigeon's yard, and it was left there—plenty of cab proprietors came to look at it—Rouse said that it was his cab and horse; that he had another at home, which he wanted to keep for himself, and that he intended to open a greengrocer's shop, as he bad lost 40l. in six months by keeping cabs, and intended to give it up.
JACOBS— NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
WIILIAM TAYLOR . I am manager to Mr. John Reynolds, a builder of 16, Red-cross-square—the prisoner was employed by him as a bricklayer on 23d May—I saw the prisoner's jacket hanging up in a shed—a policeman searched the pockets of it in my presence and found two pieces of lead in separate pockets, weighing not more than two pounds each—I cannot say whose property it was—Mr. Reynolds did not give him lead to work on, but there was lead on the roof of the house and on the cistern—I afterwards told the prisoner that I had looked in his pockets and found two pieces of lead flushing—I examined the roofs, and accused him of having taken lead from the roofs of 7, and 8, Red-cross-street, where he was at work that morning—I missed about 3ft. 6in. from the two houses—
he said that he had not taken it—I afterwards went to his house in Orchard-street, St. Lukes—it is a marine-store shop—I received the key from his wife, took a constable with me, opened a box in the shop and found sundry quantities of lead, and among them a piece of lead flushing, which I gave to the policeman—we returned to the house and compared it with the flushing on the roof, it was the same sort exactly; and the part of the roof where lead had been taken away, was filled up with the same sort of mortar which the prisoner was using—the lead fitted exactly—I missed altogether between 11 and 12lbs. value 3s. 6d. or 5s.
Cross-examined by MR. COOPER. Q. What are you? A. A plumber and glazier—I have not said that the lead found was an inch smaller—the prisoner's shop is half a mile from the building—the lead was perfect the week before, when we had it repaired, and I cautioned the prisoner not to go on the roof at all—he said that he bought the lead at his own place, put it in his pocket and went to work with it being in a hurry, and that he bought it along with some brass work—he was pointing the back of the house, and was working up a ladder which had been there ever since the Saturday—this was on the Monday morning.
LEWIS PHILIPS (Policeman, G 179). I searched a box in the prisoner's house and found this lead—Taylor pointed out the place to me on the roofs of 7 and 8, Red cross square—I put the lead in the place—it was exactly the length, but not exactly the same width—flushings are not all of the same width—I have brought a piece here (produced).
Cross-examined. Q. Is not one piece older than the other? A. It may have been a little more handled—it is not a quarter of an inch short—these did not join, they laid over one another—the prisoner did not tell me that it had never come off that roof.
The prisoner received a good character.
— GUILTY .
— Confined Nine Months.
612. GEORGE GLYNN (25), GEORGE GINNETT (20), and WILLIAM MASON (21) , Burglariously breaking and entering the dwelling-house of Joseph Layel, and stealing 1 milk jug, and other articles, value 4l. his property.
ELIZABETH MILLER . I am housekeeper to Mr. Joseph Layel, of 4, Edgecombe-terrace, Stepney—I left the house on Thursday, 12th May, soon after 9 o'clock—I went out by the front door—the house was properly fastened back and front—when I returned I could not enter; the front door was bolted inside—I left no one in the house—the neighbours at No. 5 let me in; on which I found that some plate had been removed and taken away—a tankard, some silver spoons, and a number of other things—a drawer up-stairs was broken open—an iron instrument was left behind, which would break it open—I found policemen in the garden.
Cross-examined by MR. O'CONNELL. Q. How could your neighbours get into the place. A. Because the men inside had let themselves out into the back garden, where there is a sort of fence which a man could step over—there is the same kind of fence at Nos. 5 and 6.
Cross-examined by MR. MCDONALD. Q. When you recovered yourself, do you remember seeing six or seven persons in the house? A. No; I saw some in the garden, a policeman, the neighbours, and these three men.
MR. SALTER. Q. Were there any other strangers in the garden except the prisoners? A. No.
evening I heard a noise at the rear of No. 4, Edgecombe-terrace, and saw a man's head look over the fence at the bottom of the garden, which adjoins a field through which I was passing—I ran to the fence, and saw the three prisoners in the garden of No. 4—Glynn and Ginnett were taken without my losing sight of them, and I went round to the entrance of No. 6, and took Mason—I saw Glynn and Ginnett get over from No. 4 to No, 5, and from No. 5 to No. 6—there are wooden fences about three feet and a half high between the gardens.
Cross-examined by MR. O'CONNELL. Q. How high is the fence at the end of the garden? A. Five feet, and then there is another with spikes and hooks, which they would have a difficulty in getting over—it is all one fence, one is on the top of the other—the head looked over the spikes, saw me, and went down again—I am sure it was not more than half-past 9—I had looked at my watch not two minutes before, at a lamp in the field—there is a public pathway in the field—the gardens are sixteen yards long—it was a moonlight night.
Cross-examined by MR. MCDONALD. Q. Were there not six or seven persons in the garden? A. There were not—it is about forty yards from the main road—there is no other road—I saw no one looking over the fence till I gave the alarm—there are six houses, and they are all joined—Ginnett was the nearest to the fence, but I can't say whether he was the one who popped up—the man's face was to me, and I was in uniform—he was trying to get over the fence of No, 5.
MR. SALTER. Q. Does that fence which you first saw the head over, present the nearest passage to the common road? A. Yes—the lamp in the field throws a light into the garden of No. 4 and No. 5, and it was moonlight as well—there was no one else in the garden—the owner of No. 6 opened the back door.
JOSEPH NICHOLLS (Policeman, K 450). I was passing No. 6 about half-past 9 o'clock, and heard a noise at the back, looked into the yard, and saw the three prisoners there, trying to get over into the field—I took Glynn and Ginnett, and asked them what they wanted there—they both said, "Nothing."
Cross-examined by MR. O'CONNELL. Q. Where was Gidley? A. Close behind me, and immediately I turned my eye round I saw Ginnett come up—I was on the footpath, and did not get into the garden till I was let in—I could not get over the pales, as there were tenter-hooks in them—they could not get back; they were in the same fix as I was, and they remained in the garden, but I got in at the front of No. 6—they were there three or four minutes before I took them—a gentleman belonging to one of the houses was brandishing a stick to prevent their coming that way.
Cross-examined by MR. MCDONALD. Q. Did not Gidley tell you that there were a great many persons there before he came up? A. No—there is a lamp four or five yards from the place—I was in uniform.
CHRISTOPHER LLOYD (Policeman, K 22). At 10 o'clock on this night I went to No. 4, and had a jemmy given me by Miller—I compared it with some marks on a chest of drawers—they exactly corresponded with it—I obtained these spoons from Payne, and these sugar-tongs and jug from Mrs. Tunston—I found these keys (produced) in the garden of No. 5, one of which fits the door of No. 4.
Cross-examined by Mr. O'CONNELL. Q. In what room were the drawers? A. In the first floor back room.
Cross-examined by Mr. MCDONALD. Q. In what state was Glynn? A. They were all three quite sober.
COURT to JOSEPH NICHOLLS. Q. Was Glynn sober when you took him? A. Yes, and Ginnett too.
Cross-examined by MR. O'CONNELL. Q. In what part of the garden were they? A. As if they had been thrown there, and the high brick wall had stopped them—the wall is between No. 1 and No. 2, and is six feet high—they were about a yard from it—there is a fence at the end of the garden, the same as at the others, but there are no hooks on it.
MR. SALTER. Q. Was it the wall at the end of No. 2, or a side wall? A. A side wall—the side of the garden of No. 2 is the furthest from No. 4.
COURT to G. GIDLEY. Q. As you came along the field, did you come from No. 1 to No. 6, or the other way? A. I was at the rear of all the houses, walking up towards them—the path turns—there are no spikes at No. 2—nobody could have got over from No. 2 into the field without my seeing them.
Mason's Defence. On returning from my work on 12th May I heard a woman calling out for help—I ran to the fence, which is open as a thorough-fare for any one—some one said that murder was being done, and I jumped over—a young man took me, and accused me of the robbery—I was rather the worse for drink.
Glynn was further charged with having been before convicted.
WILLIAM WARD (Policeman, H 48). I produce a certificate—(Read: "Worship-street Police-court, January, 1858. Joseph Taylor convicted on his own confession of stealing a roll of carpet. Confined Six Months")—I was present—Glynn is the person.
GLYNN— GUILTY .**— Four Years Penal Servitude.
GINNETT— GUILTY .— Confined Nine Months.
MASON— GUILTY .**— Three Years Penal Servitude.
FOURTH COURT.—Thursday, June 16th, 1859.
Before Mr. Common Serjeant and the Seventh Jury.
MESSRS. TINDAL ATKINSON and LEWIS conducted the Prosecution.
ELIZA PAGDIN . I am barmaid to Mr. Jayne, of the American Stores, Fenchurch-street—on the evening of 13th May, I saw the prisoner there, between 8 and 9 o'clock—I served her with a glass of porter—she gave me a bad shilling in payment—I told her it was bad, and she asked for it back again, and said she did not know it was bad—Mrs. Jayne, who was there, said, "We do not return bad money"—Mr. Jayne was then coming downstairs—directly the prisoner saw him she rushed out—Mr. Jayne left the house directly and followed her—I next saw her at the police-station—I gave the bad shilling to Mrs. Jayne, and she gave it to Mr. Jayne.
JAMES ELWOOD (City policeman, 519). I was on duty in Mark-lane, about half-past 8 on the evening of 13th May—I saw the prisoner there—my attention was drawn to her by Mr. Jayne, who told me she had been passing a bad shilling; he gave me the shilling, and I followed her—when I came to the end of Mark-lane I was about thirty yards from her; when she turned the comer I lost sight of her—I then went up Folks's-buildings, and saw her at No. 2, in the act of ringing a bell—I asked her if she lived there, she said "No"—I asked her who she wanted, and she said she wished to see a friend—I asked her who her friend was; she said he was a clerk, and that his name was Brown—I asked who his employer was, and she would not give me the information—I then held the shilling out in my hand, and asked her if she remembered passing that at the American Stores; that was the shilling Mr. Jayne had given me—she made no answer—I then took her to the station—she wished me to allow her to sit down on the seat—I told her she could sit down—the inspector at that time came in, and I told him what I have told the jury—I then went for the female searcher; when I returned the inspector showed me three more bad shillings, which he had found.
Prisoner. Q. Did you see me endeavouring to get away any money? A. You dropped some coppers on the seat shortly after you sat down.
COURT. Q. What did you say when she dropped the coppers? A. I said, "What have you dropped down there?" and she said, "Only a pennypiece," and she stooped down to pick it up—I then fetched the female searcher.
ARTHUR THOMAS KILBY . I am an inspector of the city police—the prisoner was brought into the station-house, and the officer made a statement to me—a bad shilling was produced, in the prisoner's presence—I asked her if she denied passing it, and she said, "No, I don't deny uttering it, but I did not know it was a bad one"—at that time she was standing—I afterwards saw near her some other money, it was 3s. and 1 halfpenny; the halfpenny was on the top of the 3s.—I said to her, "What is this?" she said, "It is not my money"—I said, "There has been no other person in the room"—she said she knew nothing about it, she was innocent, the money was on the seat—she was afterwards searched, and the female searcher gave me a fourpenny piece and 5d. in copper—I asked the prisoner her address, and she said, "I refuse to give it."
Prisoner. Q. Did you see me endeavouring to put any money away? A. No—the prosecutor said he did not wish to press the charge—I did not take him into another room and ask him to press the charge; I said he had better charge you, as other money was found, and he said, "I will."
Prisoner's Defence. I took an omnibus to the Elephant and Castle, and as I was going down Fenchurch-street I went into this public-house and had some porter; I gave a shilling, which turned out to be a bad one—I was then given in charge—I did not know the shilling was bad—I know nothing about the three shillings that were found at the station-house—neither I nor any of my family have been in a court of justice before.
GUILTY .— Confined Nine Months.
MR. LEWIS conducted the Prosecution.
Holborn—I recollect the prisoner coming to my shop on 26th May—he asked me for a penny paper, and I gave him a "Standard"—he gave me a bad two-shilling piece—I told him it was bad, and asked him where he got it from—he said he had taken it of a lady in Tottenham-court-road, in change for an "acrobat," which he had sold her—I then brought him into the shop—I asked if he had any other money, he said "Yes," a half-crown and a shilling"—I asked him why he did not give me the shilling in payment—he said he gave the first that came to his hand—I then asked him if he had any coppers, and he said "No"—I then sent for a policeman and gave him into custody, and gave the florin to the policeman.
JAMES CHILD (Policeman, E 93). The prisoner was given into my custody by the last witness, on 26th May; he also gave me a florin—I searched the prisoner, and found a half-crown and one shilling in his waistcoat pocket, and in his trowsers 3 1/2 d. in copper—he was taken before the magistrate and he was remanded—I asked him his name, and he said it was George Thomas, and afterwards at the station he said it was Henry Thomas—I asked him where he got the two-shilling piece from—he said, "From a lady in Tottenham-court-road"—he was discharged by the magistrate.
ELIZABETH SARAH BUCHANAN . I am the wife of Charles Buchanan, a butcher, in Woolwich—on the morning of 3rd June I saw the prisoner at my shop—he came and asked for a mutton chop—I asked him how much he wanted it to come to; he said, "About 4d."—I told him a chop would come to 5d., and he said, "As near 4d. as you can cut it"—it came to 4 1/2 d.; he gave me a two-shilling piece, which was bad—I looked at it and saw it was bad—my husband came in at that time, and I gave it to him—he examined it and said it was bad, and asked the boy where he got it from—he said his father had taken it at some shop—he then said he had another one good; he gave it to me, and I gave him change—my husband chopped the bad florin in halves, and gave it back to the prisoner.
COURT. Q. What time of the day was this? A. About 11—he stayed in the shop about five minutes—the policeman brought him back in the afternoon, and I recognised him.
FRIEND CHARLES BUCHANAN . I am the husband of the last witness—I recollect on 3d June the prisoner coming to our shop—my wife gave me a two-shilling piece—I asked the prisoner where he got it—he said his father had given it him, and that his father had got it at a shop—he could not tell me whose shop it was—when the policeman brought him back in the afternoon I knew him again.
Prisoner. Q. Did not the policeman say, "Is not this the boy who passed the two-shilling piece?" A. No.
HANNAH HOLLOWAY . I am shop-woman to Mr. Fairbrother, in Baker-street, Woolwich—on 3d June the prisoner came there for two cottage loaves—they came to 7d.—he put down a five-shilling piece—I thought it was a bad one, and took it in the parlour to Mr. Fairbrother—he immediately went and asked the boy where he got it from—he said that a woman named Hegan gave it to him—he was given into custody.
CHARLES KNIGHT (Policeman, 40 R). The prisoner was given into my custody by last witness for attempting to pass a bad 5s. piece—I asked him if he had any more of those, and he said "No"—I asked him where he got it from, and he said a woman had given it to him—he gave an address which was true—I searched him, and found 1s. 6d. and 4 1/2 d. in copper on him.
Prisoner's Defence. I was standing at the barracks at Woolwich, and I met a woman who asked me to go and fetch two cottage loaves—she gave me a five-shilling piece—I took it to the shop, and the master said it was bad, and I was given into custody—the shilling I got in Tottenham-court-road, where I was selling acrobats at a shilling a-piece.
WILLIAM STEEL . The prisoner is my son—he gets his living by selling penny papers; and when he can't get papers, he bays fruit or anything he thinks saleable, and brings home his earnings—I am afraid he has found out a tutor.
MR. LEWIS. Q. Do you recollect 3d June? A. Yes—I did not give my son a bad two-shilling piece on that day; nor did I give him a bad five-shilling piece.
GUILTY .— Confined Twelve Months.
HENRY PUSEY (Policeman, 197 S). I took the prisoner in custody on Saturday, 28th May, on a charge of being concerned, with another man, in uttering counterfeit coin—I took him in Park-street, Camden-town, in the street—I ran after him, and caught him by the collar—he then stooped down, caught me up, and chucked me over his back—I did not loose my hold—he then turned round, and gave me a kick on each knee—I got up and chucked him down—I then saw him put something in his mouth—I tried to get it out, and he bit my hand in three different places, and made it bleed very much—my knees are not well yet—I then got up, and with the assistance of Mr. Smith, I got him to the station.
Prisoner. Q. Did you not come first, take hold of my collar, and throw me down? A. No; I did not throw you down at first—you bled from the nose after I threw you down—I did not take you back to Mr. Bachelor's, and say you were the man who came into the shop and gave the bad shilling—I said you were with the man who went into the shop.
JOB BACHELOR . I saw the prisoner down on the ground, and the policeman trying to take something out of his mouth—before that, as I was coming down the street, I saw the policeman above the other people, as if he were being thrown up; but I saw the prisoner down when I got up to them—I said to Mr. Smith, "That is not the man who came into my shop"—the policeman was then taking the prisoner to the station-house—he first took him to my shop door, but I was not there.
Prisoner. Q. Did you not see the beginning of it? A. I did not—I saw the policeman have hold of you—the policeman did not bring you to my shop when I was there—I did not see three or four persons on you in the scuffle.
GUILTY .— Confined Three Months.
The prisoner was further sentenced to Fifteen Months' Imprisonment upon the indictment, for having counterfeit coin in his possession. (See page 197).
ALLEN— PLEADED GUILTY.—Recommended to mercy by the Prosecutor.
Confined Six Months.
MR. CARTER conducted the Prosecution.
in the service of Messrs. Ower as a carman—I recollect on the morning of 9th June seeing Allen fetch six sacks from the stable—they were in a corner covered over with straw—I had seen the sacks there first on the Tuesday before—they were in the same corner, and they were covered over at that, time—they were concealed from sight—I examined them on that Tuesday, and made a communication—when he took the sacks from the stable he put them into the cart which was standing at the door, where we put out the goods—he then drove away—I had some directions, and followed—the cart went up Goodman's-yard, and when it got to the top, the other man was waiting there—he got into the cart, and they both went towards Downs'-wharf—when they got there, Gills got out of the cart, took the sacks, and went up Nightingale-lane—I followed after him to Bishopsgate-street—he there went to a chimney-sweeper's door, put the sacks down, and knocked twice; but no one came—after waiting some time, he went a few yards into the road, leaving the sacks at the door—I waited some time, till I saw an officer, and then gave him in charge—he had left my master's premises about ten minutes past 9—I saw the officer take Gills in custody, and heard him ask if the sacks belonged to him, and he said, Yes; he bought them of a carman—I said, "Mr. Ower's caiman?"—he said, "Yes"—nothing more was said—the officer took charge of the sacks.
Cross-examined by Mr. LILLEY. Q. How far is Nightingale-lane from Goodman's-fields? A. About half-a-mile—I heard Gills say that he had given 6s. for the sacks—the value of them is about 6 or 7 shillings—7s. is the retail value—when Gills knocked at the door, he knocked pretty loud—I was about eight yards from him at that time, and there I remained till I saw a policeman and gave him in charge.
COURT. Q. You saw the sacks handed from Allen to Gills from the cart? A. Yes—I did not see any money pass.
JOHN BARLEY (Policeman, H 107). I was on duty in High-street, Shoreditch on the morning of 9th June—the last witness gave me some information, and pointed out Gills to me, and some sacks which were a few yards from him, lying by a sweeper's doorway in King's-road-court—I waited a few minutes, and then went up to Gill and asked him if the sacks were his property—he said, "Yes"—I said, "Where did you get them from?"—he said, "I bought them of a man this morning"—I said, "Who did you buy them from?"—he hesitated, and the young man Robertson said, "You bought them of Mr. Ower's carman?" and he said, "Yes "—I said, "You are aware you have done wrong?"—he said, "Yes, and I am sorry for it"—I then took him to the station, and from there into the city—I searched him, but found nothing relating to the stolen property—I took Allen into custody afterwards, searched him at the station, and found on him 1l. 2s. 6d., and some other things, but no stolen property—the inspector asked Gills at the station how he came by the property, and he said, "I bought it of a man"—that was said in the presence of Allen—Allen replied, "I have received nothing from you; you promised me that you would settle when you disposed of the sacks; you asked me to get six sacks, as you had a customer for them, but there was no price fixed"—Gills made no reply—that was all that passed.
Cross-examined. Q. Was the master present at that time? A. Yes—Allen said at the station that he was very sorry, and hoped Mr. Ower would not prosecute him—he denied the charge first at the warehouse—I was examined before the magistrate—I won't say that I said before the magistrate that Gills said, "I am sorry for it," and that I said to
him, "You have done wrong"—he was about a dozen yards from the sacks when I first saw him—I waited for five minutes on the opposite side of the way.
MR. CARTER. Q. You say there were two conversations with Allen, one at the warehouse and one at the station-house. A. Yes, Mr. Ower was present on both occasions.
MR. LILLET to JAMES ROBERTSON. A. Did Gills say at the time that he did not know the sacks were stolen? A. No, he said he had bought them of a carman.
GILLS— GUILTY .— Confined Six Months.
OLD COURT.—Friday, June 17th, 1859.
PRESENT—Mr. Justice CROMPTON; Mr. Ald. SIDNEY; Mr. Ald. LAWRENCE;
Mr. Ald. MECHI, and ROBERT MALCOLM KERR, Esq.
Before Mr. Justice Crompton and the First Jury.
617. JAMES SCANES (58), was indicted for feloniously setting fire to certain buildings in his possession, with intent to defraud the Phoenix Fire Insurance Company. Other counts, for attempting to set fire to the said buildings with the like intent.
WILLIAM VAUGHAN (Police-sergeant, K 17). On Tuesday evening, 3d May, about half-past 8, from information I received I went to the prisoner's premises—he is a blacksmith and locksmith in Whiter-row, Baker's-row, Whitechapel-road—they adjoin some chemical works—there is a large rag-warehouse on the opposite side of the prisoner's premises, and there are some inhabited cottages bounding his premises near White's-row—at the bottom of the yard there is an oil and colour manufactory—I went into Miss Hatton's chemical works for the purpose of observation—I have seen this plan (produced); it is correct—there is a wooden partition, eleven feet high, which separates Miss Hatton's chemical works from the side of the prisoner's shop—I put a ladder against that partition to look over into the prisoner's premises—you can look over the partition—there is a space of ten feet above the partition to the roof of the building; an opening—there was no one in his shop at that time—against the partition, on the side where I rested the ladder, there was a great number of carboy baskets; large open baskets—they were placed one within the other—next to the partition, on the left-hand side, the shop-door opens from the entry, and next to that there were stages erected—the door is about four feet wide—there are two doors standing together, one appears to be a fixture; they are made of wood—there were two stages running along against the wall, just beyond the doorway—there is a wooden partition running along, and the two stages were fixed against the partition—one stage was a sort of wooden shelf supported by upright pieces of wood underneath it, and underneath that shelf were some baskets; I can't exactly state the number—there were some shavings in them—there were a great number of baskets—in some places they were one within the other, and in some places they were single—there were two shelves one above the other—there were three baskets on the first shelf—there was straw and shavings in all three—there were several baskets
on the upper shelf—that upper shelf was apparently made of a cooper's old truck, open in the middle—it is a kind of carriage; the same as brewers use—the baskets on that were upside down, and there were some Venetian blinds in them, they came through the bottoms of the basket, and rested on the truck—the baskets had no bottoms to them—there were several other baskets upon a grindstone—I saw no fire about the place at this time—I went to his place between 7 and 8 next morning—I did not see the prisoner at that time—I did not go into the shop—I apprehended him two days afterwards—I told him that I came to apprehend him on suspicion of setting his place on fire—he said he came early that morning; that he blew a piece of candle out, and threw it on a board that rested over a carboy basket, and it fell in among some shavings, and set the place on fire—I said nothing else to him—he told me that he was not insured—that was in reply to a question that I put to him—I asked him whether he was insured or not—he gave me as a reason for going to his shop early that morning, that he had to repair a blind for Mr. Hall—I looked over the property that was there—it consisted mostly of iron tools and bellows, very old, an anvil, and several other tools, and a desk, containing memorandums.
Cross-examined by MR. METCALFE. Q. I suppose you got up the ladder to look over the wall at the instance of Bourdon? A. Yes; he was with me at the time, and his man and another constable; they fetched me in from the Whitechapel-road, as I was going by on my beat—the other constable was not with me then; I was going along, and met him coming along with Bourdon—I am not aware that the prisoner has complained at the station several times of the chemical works; I do not know whether he has or not—I am attached to Arbour-square station; that is the nearest station to these premises—I saw the premises shortly after the fire—there was very little damage done—there was nothing wholly consumed—there was nearly a basketful of ashes—I cannot say whether there was much damage done—there was not much done to the premises—there were several baskets still whole—I have got all the baskets here; we have brought everything here that was in the shop; not the iron, only the pieces of wood that were burnt—there were a great number of pieces of wood there not burnt—I suppose there were some of the Fire Brigade there; I do not know of my own knowledge, I was not there on the morning of the fire—there is no fireman here that I know of; we have none here on behalf of the prosecution—the magistrate's clerk said he did not think it was required—this is the cooper's truck I have spoken of (produced)—the prisoner told me that he went there early that morning because he had to repair a blind for Mr. Hall, the linen-draper in Whitechapel—Mr. Hall was examined before the magistrate, and is here to-day—after I had looked at the premises in the evening I went away on my ordinary duty—I left about a quarter past 10—I was there about an hour—I saw nothing of the prisoner during that time, nor anybody on the premises—the Venetian blind that was through one of the baskets was an old blind; it is here; it was rolled up close together—the prisoner showed me a piece of candle that was lying there; he did not pick it up, he had it and gave it to me—this is it (producing it); it is in the same state as when I received it from the prisoner; it has been wrapped up in this piece of paper ever since, and kept in this basket at my house.
MR. ATKINSON. Q. You say you went at the instance of Mr. Bourdon? A. Yes; he is the manager of Miss Hatton's chemical works next door—when I saw this truck the night before the fire I could not say whether it was charred as it is now.
chemist, carrying on business next to the prisoner's workshop—from some information that I received from an assistant I watched the prisoner's workshop on Tuesday night, 3d May—that was the same night that the policeman was there—I watched from Mr. Brandon's gates—we had to go from our gate to get to the prisoner's gate—we watched during the night from Mr. Brandon's gate, from somewhere about 10 o'clock until the prisoner came, about half-past 3 o'clock in the morning—I saw him come in at the front gate about that time—he came to our front gate—there are two gates, an outer and an inner—the prisoner went into his shop—we waited for some minutes at Brandon's gates—I then rushed forward to the prisoner's gates, and took hold of him either by the collar or sleeve—I saw into his shop before I took hold of him—I could not see into his shop from where I stood at Brandon's gates; I had to go up to his gate before I could see into his shop—I had not seen the state of his shop that morning—his gates were closed—I had seen from over the partition the night before—I then saw some carboy baskets placed; in some of them were shavings—there were also bundles of shavings made up by bagging, loosely held or stitched together with twine round in some parts—some of the hampers were standing upon a temporary stage erected across one part of the gate; it was a stage that I had never observed before—I frequently had occasion to go there on business; the prisoner was our smith, and did work for us as a blacksmith—some of these baskets were also inverted upon these stages with shavings in them—they were on the two stages; one I call a temporary one, the other, I expect, was a permanent one, as I had seen it before; that was the upper one—I should call this truck the permanent stage—I am certain that some of the inverted baskets were upon that stage; I could not venture to say as to the other, but my impression is that there were some there—in connexion with these baskets were also pieces of stave and parts of an old Venetian blind or blinds, and the bottoms of the baskets were some of them out, or nearly out, and the blinds came right through—they were placed in the shavings, in the baskets, and lodging against the wooden door or gate—a number of rags were hanging from various parts of these stages—I saw some of the rags afterwards, bat did not examine them—at the time I was watching I had two assistants with me, after the policeman left—Gascoigne was one and Neave was the other; he is in Mr. Brandon's employment—Gascoigne is my assistant—in the morning I saw the prisoner come down the place towards his shop, and saw him enter—he seemed to come in a very stealthy manner, on tiptoe, treading very lightly, so as to produce no noise, or as little as possible—I saw him enter his shop—I waited at Brandon's gate until I saw the flames issuing through—it was partly flames and partly reflection, sufficient to inform me that there was a fire—it came through some crevices or openings in the gate—between the time of the prisoner's going in and my seeing the flames coming out, was not, I should say, more than six minutes, any way under ten minutes—when I saw the flames I said something to my assistant and went forward into the prisoner's shop, and took hold of him—the door was partially open—I do not think I was the first to enter—Gascoigne and I were close together—he was following close upon me—I scarcely know which was the first to enter, I may say we entered pretty well together—I had just to throw the door back to admit myself—the first thing I saw was fire burning in various places, three at least; three distinct fires—there was one close by the entrance on my left—I should imagine they were shavings burning; I will say shavings, in a carboy basket on the ground—I should say that was not an inverted
basket; I (should say it was in its natural position—the second fire was burning in the corner on the same side, the left-hand side, over a grindstone—that was above the ground—the flames extended from the grindstone upwards—they proceeded from shavings in a basket under the truck—the stages were above—they came across—there were baskets on the stages, and staves of casks—there was a large body of fire—the flames extended up to the stage—over the truck there were pieces of stave in a basket—I could not say in what position that basket was—the third fire was nearly at the further extremity of the shop—that seemed to me to proceed from a gallipot—it seemed to be a body of fire—the gallipot was on the ground inside a basket; the basket was over it—I did not observe any shavings there—when I went into the place the prisoner had his back to the gate—he was apparently coming out backwards—the fire was on each side, and he seemed to be drawing from it towards the yard—we rushed upon him at once—he turned round when we came upon him; and we then took him by the collar or some part of his person, and we brought him out—he seemed very much confused and surprised—I think he spoke first; but of course I felt very much excited—when he saw us he seemed surprised, and he said, "Fire! the place is on fire!" in a very low voice, as if he had lost his voice for the moment, as if he was hoarse from sudden emotion—I said, "You scoundrel!" and "You have done it!" or "it is you that have done it"—he hesitated for some time—as we were taking him out we began to shout "Fire!" and "Police!" and he said, "Don't make such a noise; don't make such a noise; let us put it out; let us put it out"—I had not been into his place for perhaps two or three weeks before—I saw the property that was there—I am not well acquainted with the value of these things; but I should not have given more than 10l. for them myself—the fire was speedily put out by water that we had provided for the purpose the night before, which we kept in Mr. Brandon's shop—the prisoner was not taken into custody until the Friday—he was at his place of business several times during that time—he was there from the time of the fire until he was apprehended; at least he was backwards and forwards—I heard him come in frequently—I do not think I saw him; I heard somebody, from which I inferred that he was there.
Cross-examined. Q. You heard some one backwards and forwards in the place after the fire, and before you were before the magistrate? A. Yes; and my inference was that it was the prisoner; but I would not swear it, not seeing him—in fact, I did not like to see him; I did not like to be watching him in and out—I avoided him as much as possible—I did not direct him to be given into custody—I never measured the size of the shop where the fire took place—I should say it was not so large as this dock; not so wide, it might be longer; it is a small shop—there is a workshop, a continuation of that shop, an inner shop, that may be double the length of the other—it is not nearly so long as this court—it does not lead close up to our furnace; there is a wall—his forge abuts on the wall—the place where our furnaces are comes up to his workshop—the forge is at the end of the long room—the side of the shop runs alongside our premises—there is a partition between our place and his shop, which goes up to a certain height, and then there is an opening—that opening does not go on all the way—there is no opening above the partition to the inner shop—by getting up a ladder, you can look from our premises into the front shop, where the fire was, but not into the inner shop—you cannot look into that at all, the open partition does not extend so far—there is an inner door leading from the one shop to the other—I should say that is the only access
from the front shop into the workshop—when I was watching at the gates, Gascoigne and Neave were with me—we had water ready inside Mr. Brandon's gate—it is about twenty or thirty feet from the gates where we were watching to the entrance to the prisoner's shop—it is at the extremity of the yard or covered way—it may be forty feet; I never measured it—when I saw the flames I said, "Come on, I see the flames"—I don't recollect saying, "it is time"—I certainly was very much excited—I had been watching very intently before that—it did not occur to me to move up further towards his gates when I had seen him go in.
Q. Has the prisoner complained of your premises at all? A. Yes; he has occasionally found fault with the chimney—I was not aware of his complaining to the magistrate until I heard it mentioned at the police-court—I was aware that a complaint had been made, because the inspector of nuisances came from the Board of Works—that was some considerable time before this—he came on more than one occasion—I only saw him twice; nor am I aware of his having been more than twice; because he made certain suggestions upon his first attendance, and I made such alterations as he advised; and he came a second time with the medical officer, who suggested some further alterations—I did not see him a third time—the last time I saw him was perhaps two months or more before the fire—I am not aware that another complaint was made after that—we have had no wish to increase our premises by taking in the corner occupied by the prisoner—the police came up when we gave the alarm—I then declined to charge the prisoner—I was not asked whether I made any charge—I was asked by the police if I would prosecute him—I believe the words were, "Of course you intend to prosecute;" and I said, "No"—he was not taken into custody that night—I am an Englishman—my parents were French, but I was born in England—I consider myself an English subject.
MR. ATKINSON. Q. You have been asked about the prisoner finding fault with the chimney—was that the chimney of your place? A. The chimney is in his premises—perhaps he would not use his chimney for four or five days together and it would become full of foul air, and when we made a lire the smoke would sometimes go from our side into his chimney, and come out at the hole near his forge—we have a common right to the shaft—that has nothing to do with my evidence in this matter—when the complaint was made I did all in my power to remedy the grievance, and I think satisfactorily.
MR. ALFRED GASCOIGNB . I am working as a manufacturing chemist at Miss Hatton's—on the afternoon before the fire the prisoner came and rang our bell and asked me to lend him a saw, which I did—he said, "You don't sit up, Alfred, as you used to do"—I said, "Yes, sir, I do"—he said, "Shall you be up to-night"—I said, "Not to-night"—he said, "Mr. Bourdon is out; will he be late home?" I said, "Not that I know of"—he said, "Will he be in by leaving off time!" I said, "For anything I know"—no one sleeps upon our premises—I remember giving the prisoner some carboy baskets some time ago—I can't justly say how long ago, they were quite useless to us—I should say it was two months before the fire, or not so much—he said he could burn them up at his leisure in his forge—they were quite empty when I gave them to him—I never gave him any straw or shavings—the morning before the fire, I saw the prisoner on a ladder looking over into our premises—I did not take any notice of him, I kept on with my work as usual—I don't think he saw that I noticed him—I was watching with Mr. Bourdon on the morning that the fire took
place—I did not go into the prisoner's shop—as he was backing himself out I collared him—I did not say anything to him—his manner was very excited indeed—he spoke as if his voice was partly gone, and said, "The place is on fire, don't make a noise"—we called "Fire! police I" after he said that; we might have called before as well—when I went into the shop I saw three distinct fires, one was near the door, one in a corner upon a grindstone, and one near a corner further on—the fires were coming from some baskets, and shavings, and straw, and from some wood as well; some planking which is now in court—I saw some rags hanging from the stage down to some baskets where there were some shavings and straw—I believe the corner part of the wood work of the building was on fire, in the corner, by the grindstone; there was a fire there for some time, until the firemen came with the engine—I saw this truck there—I can't say that I noticed the building thoroughly that morning—I have been in and out of the shop, but not for some time before that morning—I believe part of the wood work of the shop was on fire, but I cannot venture to say that it was—before I went into the building I saw smoke and flames coming out of the door—I had been watching at Mr. Brandon's gate—I did not see the prisoner go into his shop, I saw him enter the gate leading from the street to the yard—I won't say that I saw him go into the shop—I can't say that I saw how he walked; it was just at break of day—I should say it was 5 or 6 minutes between my seeing him go towards his shop and the flames coming out of the door—he was not taken into custody at that time; Venables was the policeman who came—the fire was put out with pails of water which we had prepared over night.
Cross-examined. Q. Were you in his premises when you had the conversation with him? A. No; standing inside our own place; he came to me—I have often conversed with the prisoner—sometimes I work all night, once a week perhaps, more if we require it—when he asked me if I sat up as late as I used to do, I said that I did, and sometimes I stopped all night—then he asked me if I was going to stop that night, and I said no—I can't say what blacksmiths use to light their forge with; we have furnaces on our premises—we light them with straw—we do not use shavings, it might be as useful as straw for the purpose—I can't say that we ever sent the baskets away by the dustman—we used to burn them, and give them away to different persons—I don't know that the prisoner knew that.
WILLIAM NEAVE . I am in the employment of Mr. Brandon, an oilman—our premises are quite at the bottom of the yard in which Scane's workshop is—about half-past 3 o'clock on Wednesday morning, 4th May, I was watching Scane's shop—I did not see him come down—the first thing that I saw was some fire coming from close by the door of his shop—on seeing that, I threw a pail of water on it, and almost extinguished that—I followed Mr. Bourdon and Mr. Gascoigne up with two pails of water, one in each hand, and I assisted in extinguishing the fire—there were four places burning at the same time; one was burning against the door, two over the grindstone, one above the other, and the fourth was eight feet alongside of the wall from the grindstone; the grindstone was in a corner—the fires formed a triangle—the fires were coming out of baskets which contained straw and shavings—I saw some rags there; they were hanging down from the top baskets towards the bottom ones—we did not get the fire out altogether till the firemen came—the policeman thought it would be better to leave a little for the firemen to Bee, but we kept it under—we should have thrown water on it and extinguished the fire, if the policeman had not stopped us—at that time
the top baskets and this old timber was burning—the firemen were about three quarters of an hour before they came, I can't say exactly how long—there was not much fire when the firemen came, we had kept it under.
Cross-examined. Q. You say that it was burning in four places? A. Four places; two over the grindstone, one above the other, they were not so much as five feet apart; one was right over the other; the others were six feet and eight feet apart, taking it roughly—I threw the water down directly I got in—before that the flame was coming through the doorway; a body of flame—I was obliged to set the first pail of water down outside—it was the police-sergeant who stopped me from putting the fire out—I did not take notice of his name or number—there were several police there.
THOMAS VENABLES (Policeman, K 141). I was called to White's-row on this morning—I found the prisoner at the gateway leading from the street to his premises, and went down with him to his shop—I saw Mr. Bourdon there—he said that the prisoner had fired the place—I took him into custody, and took him into the workshop—I saw the state of the shop at that time—there was a grindstone in one corner, and over that there were a number of baskets on fire, and pieces of wood, rag, and shavings in the baskets—the woodwork of the building was burnt—the partition was charred—it was burning when I was there—it was alight, on fire—part of that has been taken out and brought here to-day, this (produced) is it—it came from the corner over the grindstone—it was a separate piece, not a pact of the building—it was just as it is now—no part of the building that I saw charred has been brought away—I am quite sure that some part of the building was on fire—I saw it alight, burning—it was all burnt black, similar to this—I was there almost as soon as it was discovered—I saw water thrown upon it—I can undertake to say that a part of the woodwork of the building was alight, burning—the prisoner said it was an accident; that he put the candle on a piece of board, and it fell into a basket and set it on fire—he said that he had come there to get his tools, and take a ladder to go and repair a blind for Mr. Hall, a linendraper in the Whitechapel-road—nobody would give him in charge, and he was let go.
Cross-examined. Q. Were you the policeman who stopped the men from throwing water on the fire, and proposed to wait until the firemen came? A. Yes, I waited there till the firemen came—I told the men not to put more water on the fire.
MR. ATKINSON. Q. Why did you do that? A. Because I thought the fire-brigade had better come and see it for themselves and put it out; the engine had been sent for, and I said they had better let it be till they came—water had been thrown on it—it was the fire in the corner that I stopped them from putting out, over the grindstone—if it had got a head we could have got some water and put it out.
COURT. Q. Do the engine people get something for coming before the fire is put out? A. I believe they do—we kept the fire down, and I thought it the better way, as they had been sent for, for them to come and put it out themselves, that they might inspect it.
CHARLES BRANDON . I am an oil and colour man in the Whitechapel-road—I have premises adjoining Miss Hatton's, for making vegetable black, and I have oil stores there—the morning before the fire I saw the prisoner—he was standing with his back to his own door surveying his premises, looking at the roof—it is the joint roof of his premises and mine—I stood for a few minutes looking at him, and he turned round, and said, "Oh, you are just the man I wanted to see, Brandon; will you lend me a ladder?"—
I said, "Yes, Mr. Scanes"—he said, "I have got a job at Hall & Clagg's, the linendrapers, to mend their blind"—about nine o'clock that evening Mr. Bourdon called me into Miss Hatton's premises—I went in and looked over the partition—that was before the policemen came—I saw three tiers of baskets, one on the ground, one in the middle, and another up above, three shelves; there were three or four on each shelf, and each of them was filled with shavings and straw, and staves and Venetian blinds stuck on the top, leaning out of the baskets, up to the partition closing the premises where the gate is—about ten o'clock next morning the churchwarden called on me and asked me about the fire, and I went with him into the premises—I saw some rags hanging from underneath the top baskets to the middle baskets—I pulled them down and smelt them—I believe this (produced) is the one I pulled down—I left the others hanging—I smelt them, and found they were oily—they look like calico rags.
Cross-examined. Q. The prisoner is an engineer as well as a blacksmith, is he not? A. I hardly know—I believe he is something in the machinery way—he is a very handy man, I believe, in any work in the smithing line—my premises adjoin Miss Hatton's—it was at my gate they were watching—I have had a fire on my premises, a very mysterious one, a month previous to this, and I had one about two years ago—my place was burnt down—I had no charge made against me; there was no room for it.
CHARLES MILLS (Policeman, K 306). I have made a careful examination of these premises—I prepared this plan—it contains the number of feet which each of these places represent—the size of the shop is larger than the dock—the first shop is about fifteen feet by twelve, and the other fifteen by thirty-five or thirty-six—I have measured them—the plan accurately represents the measurement I took of the shop.
WILLIAM PAGE . I deal in iron goods—I saw the prisoner about five weeks before the 4th May—he told me that he should decline the heavy part of his business, as his health was not very good, and he should sell his goods, his tools in trade—I asked him what he would want for them—he said the price would be 10l.—that comprehended his bellows, anvil, and tools such as a smith would use—I looked at them—on Thursday, 5th May, the day after the fire, he came to me again, in the evening, and said he had made up his mind to sell the tools—I went with him again and looked at them—I asked him the price he wanted for them; he said, no less than 10l. would buy them—I told him I would let him know on the following morning what I would give for them—he came to me between nine and ten on the Friday morning—I told him to go on and I would follow, and as I went I met his brother, who told me he was in custody—I should say 8l., was the full value of the things I was about to buy.
Cross-examined. Q. Was there a fireman in possession at that time—A. No—I am insured—I understand that if a claim is made upon the office, the firemen will remain in possession for the office; there was no fireman there at all.
JOHN HALL . I am a linen-draper, in the Whitechapel-road—I did not give the prisoner an order to repair my blind at this particular time; the 4th May—he had repaired the blinds several times; perhaps dozens of times "before—he had been in the habit of repairing all the work—I had employed him a fortnight or three weeks previous to this time—he then did the job he was instructed to do—that was not anything to the blinds.
Cross-examined. Q. When had he instructions from you about the blinds? A. I can't say about this particular blind; he has repaired the blind so often
—the last time that he had instructions from me about the blind was at Christmas—I was not aware that my boy had told him to repair the blind immediately before this fire—my boy was examined at the police-court—I was not aware until after inquiries had been made that the boy had given; instructions; but I found out afterwards that ho had—I have since heard that the boy did tell him to repair the blind on this very day—I heard the boy say so at the police-court; the boy stated that it might have been a week or so before—we commence business at 7 in the morning, and close at 9—I should expect the blinds to be done before business commenced.
MR. ATKINSON. Q. Was there much the matter with it? A. Very little; what I know of this order is only from the statement of the boy.
COURT. Q. But the blind did want some repair? A. Yes.
THOMAS SEARLES . I am clerk to the surveyor for the Phoenix Insurance Company—about mid-day on 4th May I went to the prisoner's workshop—I did not see him there, but at his private house, in Baker-row, White-chapel; as near as I can say, it was between 12 and 1—I said, "Mr. Scaves?"—he said, "Yes, Sir"—I said, "I am from the Phoenix Fire Office; I want you to allow me to go into your workshop, to inspect it, as you have bad a fire there"—he said he had an engagement, and could not stop, or could not wait; but he said, "I don't intend making any claim on the office"—I told him that from report the office would rather have his policy given up to be cancelled; and if be would do so I would return him 10s. as part of the money that had been paid—he said, "Very well;" and he got his policy out of a box and gave it me, and I gave him the 10s. and took his receipt for it—this (produced) is the policy; it is cancelled—the prisoner said further, that it was a case got up by persons wanting to get him out of his place—I told him I did not want to know any thing about it. (The policy was dated 7th February, 1859, for 100l. upon stock, fixtures and utensils in trade, in the workshop; 16s. 5d. paid far premium and duty.)
Cross-examined. Q. Can you insure for less than 100l. at your office? A. I cannot tell—I have nothing to do with the insurance department; only to look after the fires—the brigade use their own discretion about putting a fireman in; if it is a trifling loss they do not leave a fireman; if there is any property to protect, they leave a man in charge.
Cross-examined. Q. Can you insure in your office under 100l.? A. Yes; for any sum you please; but we charge rather move in proportion for small sums—we never take any total premiums under 5s. in our town office; that would cover as far as 100l. or 200l.—there would be no difference if you insured for 100l. or for 50l. if it is a simple risk; if it is more, we charge accordingly—this was a special risk, by reason of the oil-shop being near, and the manufacturing chemist next to it—we charge at the rate of 10s. 6d. per 100l. for a manufacturing chemist—if he had insured for 50l. he would. have paid the annual premium on 50l.; 5s. 3d., the half of the 10s. 6d.
JOHN HALL (re-examined). I have known the prisoner five or six years—I have always considered him a straight forward honest tradesman—that is the character he has borne—I employed Him to do all our smith's work.
COURT. Q. You were before the magistrate, and your boy also? A. yes; I was taken there by the prosecution—I do not know who is managing this prosecution.
GUILTY.—Strongly recommended to mercy by the JURY, in consequence of his age and good character. —Eight Years' Penal Servitude.
NEW COURT.—Friday, June 17th, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SIDNEY; Mr. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Fourth Jury.
MR. BEST conducted the Prosecution.
CHARLES WAI-TEES . I am a warehouseman, and live in St. Helen's-place—on Saturday evening, 21st May, I was in St. Mary Axe, between 10 and 11 o'clock, on my road home—the prisoner Bartrum came up and spoke to me; she said she thought she knew me, and had seen me before—I told her she was mistaken—she continued talking to me, and said she knew somebody very much like me—she followed me to near Great St. Helen's—it was there a narrow part, and I did not like to go through that part with her—while we were there the constable passed, and he had hardly got out of sight when she made a grab at my watch—I seized her hand with the watch in it—she made a hem, and immediately I was seized by another man, not the prisoner Macklin—he got his knee in my back and tried to get me down, and used very vile language—I called the police, and another woman came and held my wrist back, and Bartrum got the watch off the swivel and ran away—the man who had hold of me tried to stop my mouth—I struck him and he let me go—I lost Bartrum, and Macklin was standing by—Bartrum ran by him, and apparently put something in his hand, and he put his hand in his pocket—the policeman came and took Bartrum and I seized Macklin, and said I thought he had got my watch—he said directly, "That woman is my wife"—the other two that had had hold of me came up, and one seized Bartrum's arm and pulled her away from the policeman—she ran towards the square, and there is no getting out there—I seized Macklin, and the policeman came and took him—Bartrum was taken by another person—I am sure the prisoners are the persons—when we got to the station they both said they had not seen me.
Cross-examined by MR. RIBTON. Q. Had you been long with Bartrum? A. No, a very few minutes—I had not been in any public-house with her—well, I might have been—I did go in one, but for a few moments—I had only seen her a few minutes—I do not know the sign of the public-house—I was not in the public-house three minutes—I had some gin, and I gave her some—we were at the bar—I did not ask her to go in the public-house, she asked me—I came out and wanted to go home, and she followed me—I did not get through the passage—it was on my way home to Great St. Helen's—that was about five minutes' walk from the public-house—I had walked so far with her—the first time I saw Macklin was when I stopped because I would not go down the narrow part—Bartrum looked back, and I
turned and saw Macklin and another female behind me—I saw him before Bartrum took the watch at all—I called the police, and I was then seized by a short man and another woman—I laid hold of Bartrum, and she had my watch in her hand—the other woman took my hand from Bartrum, and the swivel of the watch broke, and Bartrum started off and passed Macklin—that was not the first I saw of Macklin—I saw him when I first stopped with Bartrum—she looked over her shoulder, and then I saw him. (The witness's depositions being read, stated that he had not Been Macklin till Bartrum gave him the watch).
MR. BEST. Q. What did you mean by saying you did not see him till then? A. I did not recollect it before.
The Jury stated that they could not rely on this evidence.
NOT GUILTY .
NOT GUILTY .
PRESENT—Mr. COMMON SERJEANT; and Mr. Ald. CARTER.
THIRD COURT.—Friday, June 17th, 1859.
Before Mr. Common Sergeant and the Fifth Jury.
620. JOHN FITZGERALD (24) , Burglariously breaking and entering the dwelling-house of Isaac Bullivant, and stealing therein 4 coats, 1 pair of trousers, and other articles, value 44l., and 15s. in money, his property.
ISSAC BULLIVANT . I am a hat-maker, of 231, High-street, in the parish of St. Paul, Shadwell—on Saturday, 14th May, in consequence of something which was told me, I looked at my premises at a little after 7 o'clock, and found that somebody had got in through the roof and had forced open a window between the workshop and the premises, and descended into the workshop—I missed four coats, a pair of trousers, between forty and fifty caps, nine felt hats, two silk hats, an apprentice's stamped indenture, a gold band for a navy cap, a pocket-book, and about 15s. in money—I had gone to bed about 1 o'clock the night before, leaving that window quite safe, and this property on the premises.
ANN JENNINGS . I live at No. 34, Angel-gardens, Shadwell—I know the prosecutor's premises; there is a wall between that part and the Irish-court—on Saturday, 14th May, early in the morning, I saw the prisoner and another man who has escaped; one was about twenty yards in front of the other—the prisoner was about twenty or thirty yards from the prosecutor's, going towards it—I did not see him go in—the other man got over the wall, and got down inside, and then I lost sight of him—that was twenty or thirty, yards from the prosecutor's house—I had seen them together the night before, drinking at the Gunboat beer-shop.
HENRY BELLKRLEY . I was formerly Policeman K 76, but have since resigned my situation—on Friday night, 20th May, I took the prisoner at Mr. Cock's beer-shop, next door to the prosecutor's—I told him that I wanted him on suspicion of stealing a quantity of caps, hats, and various articles
from Mr. Bullivant, next door—he paused for a minute, and then said, "I suppose Mr. Cock has been telling you all about it, I am not going to do seven years when there are four of us in it, you will not get the others, for they have bolted with the swag," at the station he said that it was a mistake of his; that he knocked down a black man the night before, and robbed him, and thought he had ten quid in his boots, but he only had 1s.—ten quid is ten sovereigns—I made no answer to that.
GUILTY .*†— Four Years' Penal Servitude.
MR. MCDONALD conducted the prosecution.
JAMES RAY . I am a day labourer—on 12th March, about 4 o'clock in the afternoon, I was returning home from work—I had a purse containing 12s., and also, in my right pocket, three-halfpence farthing, which I took home with me—three persons came up to me in Copeland-street, Lisson-grove—the prisoner is one of them, and another one has got four years—the prisoner knocked me down—I have no doubt whatever that he is the man—he ran away—I saw the faces of two, but one I did not see—when I got up I missed my purse, but the seven farthings were left in my pocket—I had not been drinking—I was injured, and was attended at Marylebone Dispensary for a fortnight or three weeks.
Cross-examined by MR. SLEIGH. Q. When did you give information? A. On the next morning, Sunday—I live in Little North-street—it would take me about a quarter of an hour to go home, and rather leas to go to the police station—I went to the station about 12 o'clock next day—you do not have to pass the end of the street where the police station is in going to the Dispensary; but the police station is not much out of the way—you would come to it first—the man who was convicted was John White (See Vol. 49, p. 628)—I was knocked down by one, and the others put their hands in my pockets—on the Saturday evening after this I went out to fetch the sweepers to clean the chimney; but that was before I went home—I did not go out after I went home—I did go to fetch the sweeps; but I was not knocked down before I fetched them—I went home first; went out to get the sweeps, and after the chimney was swept I went out again, and that was the time I was knocked down—the first place I went to next morning was the police station, to give information, and after that I went to the Dispensary—I did not go to a barber's shop before I went to the station on Sunday morning—I went to the police station first, and I spoke to a policeman afterwards—I saw the serjeant at the police station—I saw a man at the barber's shop, who I am sure is the man who knocked me down, and that is the prisoner, and I told him of it—I did not give him in charge—he was not having his hair cut; he was sitting down—that was before they began to shave me—there were several people in the shop besides—I was then shaved—I cannot say how long I was in the shop, because several people were shaved before me—the prisoner went out before me—he was not shaved while I was there—I cannot say how long I was in the shop after he left—I do not know the barber's name—I know the prisoner was one of the men, and I told him of it in the shop—I did not stop him, or give him in charge, or ask them to shut the door till I got a policeman—I told him I would have him if it was twelve months to come; and he said he would meet me at the William the Fourth at 1 o'clock; and I told him I would have a policeman
with me to take him—I have not brought the barber here—I do not know that there is any human being here who was present at the barber's shop that morning—when I was here before, I did not tell the Court and jury one word about my being there with the policeman—I have never said before that I went to the police station on that Sunday—when I went to the station I gave a description of the persons who had committed the robbery—I met no policeman from the station to the place where I was shaved—I spoke in the shop so that everybody there could hear me, and there were several persons present—not one of them offered to do anything, because they all knew him, and that he lived by there, and I knew him also—I had seen him several times, and I knew where his father lived—did not go back to the police station when I had seen him; but the first policeman I saw I gave him in charge to—I did not go the police station and say, "I have just seen one of the men who robbed me at the barber's shop"—I did not go to his father's house that afternoon, because he said he would meet me at the William the Fourth—I went to the William the Fourth at 1 o'clock with Policeman No. 38—when I did not find the prisoner there, I did not take the policeman to his father's house; but we went round to different public-houses to see if we could find him—I did not know that he lived with his father: but I have seen him go in and out—I did not go there to see if I could find him on Sunday, Monday, Tuesday, or any day—he was taken in custody on 21st May—I was at work: the policeman came to me and told me that he had got him, and told me his name, Dignam—I was told his name—he is a well-known character—knowing the man, and knowing his father's residence, yet I never went there—I did not know that he was in the habit of frequenting the William the Fourth; but I have seen him round the Champion public-house, and others—I had had nothing to drink stronger than coffee—I bad coffee at dinner—I am not a tee-totaller—I sometimes go to the Champion and the William the Fourth; but I do not make a practice of it—I could not do that and pay my way—some days I do not have a drop—I had had nothing but water and coffee on that day—I know a good many of the police of that neighbourhood by sight, but not sufficiently to go into a public-house and have a glass with them—I have not been drinking with either of the men who have charge of this case—they never drank at my expense—I have not been into public-houses to drink with them at their expense—I have to drink at my own—I mean that they have not drank out of my beer—I have not gone in with them on any occasion—Mr. Stephens was my master, and I am with him still—it was on Saturday that I was told the prisoner was in custody—they told me his name was Dignam before I went there—some men did not tell me that I was the worse for liquor, and fell down on the pavement, and rolled about—no such thing—I was knocked down—(A Mrs. Grey was here brought into court)—I have seen that woman—I know nothing of her—I do not know that she lives in Caplin-street—I have not seen her standing at a door in Caplin-street, or going in and out; but I have seen her in the streets about that neighbourhood—I mean to swear that I was not at all the worse for liquor—I do not know a person of the name of Barry—(A man named Barry was here brought in)—I have seen that man several times: but I did not see him on the Saturday when I was knocked down and robbed—I do not know the Eagle public-house, Paddington; not the sign—I did not go into a public-house, or have any beer to drink that morning, or at any time that day, before I was knocked down—I was not in that man's company at all—I did not sneak to him the whole day—I did not have a conversation with
Mrs. Grey 0n the following Monday morning—I never spoke to her in my life—no woman said to me that she had helped to pick me up when I fell down drunk in Caplin-street the Saturday before.
MR. MCDONALD. Q. Had you had anything stronger than coffee that day? A. I had not—this was on Saturday afternoon, at 4 o'clock—I went to the police station on Sunday morning, and gave a description of the prisoner—I then went to the barber's shop to get shaved, and while I was there the prisoner came in—I said, "That is one of the men"—it was when he was going out that he said, "I will beat the William the Fourth"—when I got a policeman I tried to find him—I was not able to find him till he was in custody; but I tried for him several times; and his father sent to me several times, wanting me to take money not to come agin him—I was not picked up by any body; I got up myself.
COURT. Q. Did you lose your money on this occasion? A. Yes; I am sure it was safe in my pocket before, whether I was drunk or not—I did not throw it away—White was taken on that very Sunday, 13th March—I never saw him at the barber's shop.
HENRY CATTEBMOLE (Policeman, D 38). On 12th March, about 4 o'clock in the afternoon, I saw the prosecutor in Earl-street, Lisson-grove—the prisoner was talking to him, in company with a man named White—I waited about two minutes, walked round my beat, and on coming into Exeter-street I saw the prosecutor walking, and the prisoner and White following him—I have no doubt about the prisoner whatever—I know him well.
Cross-examined. Q. How soon afterwards was the robbery committed? A. About ten minutes, and about one hundred and fifty yards from where I saw them—they were ten or twelve yards from me on the opposite side—I did not follow them—I stopped still, and let them pass by—I went to the William the Fourth on Sunday to look for White and the prisoner—I did not invite the prosecutor to go there—we went to all the public-houses in the neighbourhood, twenty, I should say—we went to the Champion first, and then to the William the Fourth—I met the prosecutor on Sunday, just before dinner time, in Devonshire-street, about five or ten minutes to 1—I had seen him before, standing about, and going home from his work—he told me that he had been knocked down and robbed—I asked him where—he said, "In Copeland-street"—he said, "I was coming past the William the Fourth, when some men knocked me down"—I asked if he could swear to the men—he said, "Yes; one man I have just seen in a barber's shop, and another man I know by sight, and can swear to"—I accompanied him a little way, and hearing the prisoner was in the William the Fourth, I went there; but he was not there—I then went to the station—I said to the prosecutor, "I saw you pass yesterday, and shall know the man again" I—I did not tell you that before, because I was answering your other questions.
MR. MCDONALD. Q. Are you certain which public-house you went to I first? A. We met three constables, and we separated and went round, one to one public-house, and one to another—I was walking about the neighbourhood for him in plain clothes, but could not see him.
WILLIAM BATCHELOR (Policeman, D 237). On 21st May I took the prisoner in a stable in Gorge-street, Lisson-grove—there had been a description of him left at the station, and I had been looking for him from 13th March—I know where his father lives, and I watched there, but did not see him—I told him the charge, and he said he knew nothing about it.
JOHN PLASCOTT . I am surgeon at the Western General Dispensary—I attended the prosecutor last month—he had a scalp wound at the back of his head, which might have been either from a fall or a blow—he was attending for a fortnight or three weeks.
Cross-examined. Q. I suppose if a man had been drinking, a blow or a fall like that would very considerably sober him? A. I don't think it would counteract the effect of the drink at all—we don't usually find that it does—the wound divided the scalp—it would not binder him from walking about.
JURY to HENRY CATTERMOLE. Q. When you saw the prosecutor at 4 o'clock, did you believe him to be in liquor? A. Not the slightest—he walked very straight.
He was further charged with heaving been before convicted.
HENRY CATTERMOLE (re-examined). I produce a certificate (Read: "Marylebone Police Court, John Dignam, convicted, on his own confession of stealing a watch and bill of exchange for 5l. Confined Three Months.")—I was present, and had him in custody—the prisoner is the man.
GUILTY.*†— Four Years' Penal Servitude.
MR. BEST conducted the Prosecution.
JAMES HENRY DWELLY . I am a gas fitter, of 7, Bury-street, Bloomsbury—on 26th May, about 2 in the morning, I was going towards Russel-street, on my way home, and as I passed the north end of George-road I saw four men by the model lodging-house—the prisoner is one of them—he came forward and struck me a blow on the left side of the face, which caused me to stagger, and my hat fell off—before I had fully recovered myself, the other three men tripped me, and I fell down on my back—the prisoner then knelt on me—I struggled as hard as I could, and the prisoner tried to get at my left trouser's pocket—I clenched my arms together as hard as I could to prevent him, and called out "Police"—the prisoner called to the others, "Gag the b—r"—one of the others immediately squeezed his hand over my mouth and nose and almost suffocated me; but I still held my hand to my waist to protect my pocket—they tore my trousers completely up—these are them (produced), and took my purse by pulling the pocket asunder underneath—the other three then ran away—the prisoner, who was still lying on my chest, was the last to go, and as he got up to run away, I sprung up to intercept him—some females came to prevent me from closing with him, and he dodged about between them, but I did not let him have a chance of getting away—a policeman came up, and I gave him in charge—I felt my money safe about twenty minutes before I was attacked—there was a florin, a half-crown, a sixpence, and some halfpence—it was loose in my pocket, and I have never seen it since.
Cross-examined by MR. RIBTON. Q. Where had you been passing the evening? A. I shut up shop at half-past 9, and after I had washed and had my supper I went out and smoked a pipe, and took the air—I took a walk down Holborn, and went to Weston's Music Hall to have some refreshment, but not into the hall; it was then a little before 11—I came out at twenty minutes or half-past 12—I then formed the acquaintance of a female—I saw her without a companion, and joined her, and remained with her till 2 in the morning—I went into a public-house as well as into Weston's, and had a pint of ale, and smoked—I live right in that neighbourhood
and knew I was going into St. Giles's perfectly well; the British Museum is in that parish—the female very kindly came back, and after I was attacked, she went and fetched the police, or else I should have been more bruised and ill-treated than I was—I did not know her—the only corner I went to with her was across the corner of the streets—she and I were not struggling together—my hat was knocked off, and she brought it to me—I do not know what has become of her—it is not true that I was struggling with her, and that she was on top of me—I was perfectly sober—we were sauntering along, talking of love, and doing a little courting perhaps.
CHARLES HARDING (Policeman, E 86). On 26th May, about 2 in the morning, I was on duty in New Oxford-street, received information, went into George-street, and found the prosecutor, who said, "I have been robbed by this man, "pointing to the prisoner—they were both standing in the street together, but Dwelly had not hold of him—it was at the corner of George-street and New-street—there is no outlet at the other end of New-street—I took the prisoner—Dwelly was sober.
Cross-examined by MR. RIBTON. Q. What became of the woman who gave you the information? A. She followed me back, and I told her to follow me to the station, but I saw no more of her—the prisoner was standing still opposite to Dwelly when I came up, not trying to run away—he came across to me, and said that he was not the man—he said, "Search me," and I felt his pockets outside—the woman came up to me at that time—she did not say that the prisoner was not the man—Ellen Sullivan said so before the Magistrate, but she was not there, she came out of a house afterwards—I do not know the woman who gave me the prosecutor's hat—it was Ellen Sullivan who said she did not think he was the man—the other woman went away—the prisoner lives in New-street—I have known his address some time—I know Ellen Sullivan by sight, she came up after I got there—there was nobody in the street but the prisoner and the prosecutor when I arrived.
MR. RIBTON called
ELLEN SULLIVAN . My husband is a costermonger of St. Giles's—on the night the prisoner was taken I went out to look for my husband at about half-past 1 o'clock, and as I was going up Russell-street, Bloomsbury, I saw the prosecutor and a woman coming down; they turned the corner of New-street, and wanted to get into the corner house, but it was closed—I then saw them struggling between the fruit barrows, and the woman was on top of the man—I did not see them fall—she remained on top of him for about five minutes—I went home, went up stairs, and I did not wait to see what they were going to do—as I went up I met the prisoner coming down—he said, "Good night, Ellen"—I said, "Good night, Jack"—I then went up stairs—I had not gone many stairs up when I heard the prosecutor hollow out "Police;" that was about five minutes after I had spoken to the prisoner—I turned back, came down stairs, and saw the prisoner standing at the White House, and the prosecutor at the opposite corner—a policeman came up, and the prosecutor gave the prisoner in charge for stealing his hat—about ten minutes afterwards the woman came saying, "Harry, here is your hat"—I am the woman who told the constable that I did not think the prisoner was the man—when he got the hat he charged the prisoner with tearing his pocket out, and this policeman took him to the station—I went there, and I gave my evidence one day before the Magistrate—the prisoner lives in our house.
Cross-examined by MR. BEST. Q. Do you keep a lodging-house? A. No; but my husband has a room, and the prisoner's mother occupies a room on the landing opposite us, but the prisoner does not lodge there—his mother and I have been good friends for the last fourteen or fifteen years—it was exactly 2 o'clock when he was taken, and that was about five minutes after I saw him come down the stain—I saw no people in the street when I went up stairs; there were six or seven men in the street when I went away from the corner—the barrows are what we take out to sell fruit in the street—they all stand against a wall by the side of the house, one against the other—I was about half a dozen yards off the prosecutor and the woman when they were rolling among the barrows—there is a lamp over the White House, which is half a dozen yards across the street.
MR. RIBTON. Q. Have you always known the prisoner to be a respectable hardworking honest man? A. Yes; all I have known against him is, that when he has had a drop of drink he is quarrelsome—I never knew him to be charged—I saw him turn his pockets out, and take his coat off.
COURT to CHARLES HARDING. Q. Is there more than one way out where the prisoner was found? A. No, he could not get out, there is a brew-house at the other end of the street.
GUILTY .*— Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .
Recommended to mercy by the Prosecutor.— Confined Three Months.
MR. LEWIS Conducted the Prosecution.
CHARLOTTE AVERRE . I am the wife of William Averre, of Wilton-terrace, North Woolwich, a tobacconist—on 12th May, the prisoner came to our shop about 4 o'clock in the afternoon and asked for half an ounce of tobacco, which came to three half-pence; he gave me a shilling in payment—it was a bad one—I told him so, and asked him how many more he had like it—he said he had no more money but one penny—my husband was by me at the time; I gave him the shilling, and he gave the prisoner into custody—he gave the shilling to the constable.
WILLIAM BROOKS (Policeman, K 340). I was called into the shop of Mr. Averre on 12th May last, and the prisoner was given into my custody for passing a counterfeit shilling—I searched him and found in one of his trousers pockets one penny, and in the other another penny and a counterfeit shilling—he said the money was given to him by a man outside—this is the shilling given me by Mr. Averre, and this is the one I found in his pocket (produced)—I took him to the station.
Prisoner's Defence. On 12th May my employer gave me as much as 15s. or 16s. and as I was waiting in the road I met my brother and his wife—my brother said he was going to Woolwich to get employment—he asked me to go with him—we went into some public-houses on the way—when we
got to Woolwich, as we were going into a public-house my brother's wife said, "Take this and keep it," and she gave me some shillings wrapped up in paper—I soon after went to this tobacconist's for half an ounce of tobacco and gave a bad shilling—I did not know it was bad—a policeman then took me to the station; my brother came to me at the station and asked what I was in for—I did not see my wife till the day I was committed.
COURT to WILLIAM BROOKS. Q. Was he in liquor? A. Perfectly sober.
GUILTY .— Confined Nine Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Eighteen Months.
MR. METCALFE offered no evidence.
NOT GUILTY .
HORTON— PLEADED GUILTY .**— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
ROBERT PARKER . I am assistant to Mr. Sharpe, a pawnbroker of Deptford Broadway, immediately opposite the prosecutor's—on the evening of 19th May, I saw the prisoners loitering about—I was then called to take my tea in the front room first-floor, the window of which is exactly opposite the prosecutor's—I looked out and saw the prisoners together nearly 20 minutes before they attempted the robbery—Horton then took a piece of print from the door of Mr. Kennard's shop, and secreted it under her clothes—Jefferies was close by her side and I saw her distinctly screening her—Horton went away with the print, and Jefferies remained, but not two moments; she then turned towards High-street, Deptford, and I informed the police.
Cross-examined by MR. RIBTON. Q. Was there anybody taking tea with you? A. Two male servants, and two female servants, none of them are here—I did not see where Jefferies went to, but she went a different way; she evidently saw that the prosecutor was after her—there were other girls on the pavement; there might have been a dozen; they generally look into the ruination shop—I call it that because ladies go there and spend their money.
COURT. Q. Are goods hung out at the door? A. No, they were within the premises.
WILLIAM KENDAL (Policeman, R 318). On 19th May, about half-past 7 o'clock, from information I received, I followed Horton from Somer's-hill—between two and three hundred yards from the prosecutor's shop I stopped her, and asked her what she had got—she said she had some goods—I said, "Where are they?"—she said, "You will lock me up"—I said, "Where is
it?"—she said, "It is there," pointing to a marine store dealer's shop—I said, "You must go there and show me"—she said, "Well, I will give it to you"—I let go of her shawl and stooped down, and drew this print (produced) from under her clothes.
ROBERT GABIDES . I am shopman to John Orrick Kennard, a linendraper of Deptford—on 19th May, about half-past 7 in the evening, I went to the police-station, and found the prisoners in custody—I was shown this piece of cotton print, which I recognised as my master's—it is worth about 14s.—it was safe about half-past 6, in the lobby against the door, which is about a yard and a half from the pavement—we could see it from the shop—we generally have them tied; but I had begun to take them in—this had been tied, but was loosened.
Cross-examined. Q. Were they outside the door? A. No; but very nearly—I am not aware that the shop is called a ruination shop.
JEFFERIES— NOT GUILTY .
Before Mr. Recorder.
Second Count, charging Donovan and McCarthy with receiving.
MR. LANGFORD conducted the Prosecution.
THOMAS PARKER . I am a baker, of Beckenham—on Sunday morning, 29th May, between 1 and 2 o'clock, I was in a coffee-shop in the market-place, Woolwich, asleep—my purse was safe in my pocket before I went to sleep—it contained 14s. and these three duplicates (produced)—I do not know what coins I had—the woman of the coffee-shop awoke me, and asked me if I had lost anything—I put my hand in my pocket, and said, "I have lost my purse and money"—I went out to see if I could find a policeman, and saw the three prisoners—I asked them to give me my purse, but no one answered—I went back to the coffee-shop, and the constable took them—the witness Matzelina told me something, after which I went out in the street.
Cross-examined by MR. MCDONALD. Q. When you first entered the room, were there several people there? A. Yes—I was perfectly sober—there might be a dozen people or more in the room when I awoke—the coffee-shop keeper awoke me, and said, "Those are the three men that have got your purse," in the presence of the other ten or twelve people.
MR. LANGFORD. Q. Did the three prisoners hear what the coffee-shop woman said? A. I believe so—they were present.
DOMINIC METZELINA . I am a recruit in the Tower Hamlets Militia—on this Sunday morning, between 1 and 2 o'clock, I was in this coffee-shop, and saw Parker asleep with his head on the table—I saw the three prisoners there—Mahoney put his right hand in the baker's left breeches pocket, took a purse out, and passed it to Donovan, who put it into his right pocket, and afterwards changed it to his left—this is it—McCarthy was only sitting on the other side of the table—I said nothing, or I might have got a crack—the coffee-shop woman awoke Parker, and called him into the parlour so as not to let them hear—the came out and said to the prisoners, "Give the baker the purse"—they said that they had never seen it—Donovan jumped up, and wanted to fight everybody there, and McCarthy said, "Search me"—
Donovan went out of the shop, came in again, and said, "Come out of this place, do not stop there"—I did not see the prisoners talking together before I saw Donovan put his hand in Parker's pocket.
Cross-examined. Q. Were there as many as ten or twelve people present? A. There were eight, I believe—they asked to have a steak cooked, and ordered three cups of coffee—I was sitting at the other side of the table—the room is about as big as that place (The Counsel table)—I swear that there were eight persons present, the prisoners included—I was sitting about a couple of yards from the prosecutor—the other persons were drinking their coffee, and some were asleep—I was present when the three prisoners came into the room—there was no conversation going on when they entered; nothing about races—neither of the other persons said or did anything when McCarthy was accused of taking the purse.
MR. LANGFORD. Q. Is the room divided into boxes, like coffee-houses are? A. Yes—the prisoners, and myself, and the baker were five, and there were three besides—they were not lively, they were half asleep.
THOMAS WATSON (Policeman, R 124). On Sunday morning, 29th May, between 1 and 2 o'clock, Parker told me something; the prisoners were five or six yards off, on the other side of the road, and must have heard him—he said that he had been robbed of a purse and 14s., and three pawn tickets, while asleep in the coffee-shop, and pointed the prisoners out as being in the shop—as soon as they heard him tell me they ran off, up through the garden—I ran after them, halloed out to stop them, and they were stopped by another constable after running about 400 yards—I told them a man had complained to me of being robbed—they said that they knew nothing about it—I said they must wait till he came up; he came up and identified them, and I took them to the station, with assistance—I searched them, and found on Mahoney, 5s. 5 1/2 d.; on Donovan, 1s. 7d.; and nothing on McCarthy.
Cross-examined. Q. When you and the other constable came up to them did they stop quietly till you got another constable? A. Yes; they showed no violence, but they ran away before they were stopped.
CHARLES CARTWRIGHT (Policeman, R 384). I was on duty, and waited at the corner of a garden—I heard men running, and then saw three men coming—one of them said, "Come on, here is the b—r coming"—I held up my arms and said, "What is up?"—they said, "Nothing"—I said, "Stop a moment and you will see"—Wilson came up and said that they were charged with robbing a man, and we took them to the station—I then went back, went over the ground where they had ran, and at the spot where I stopped Donovan, I put my light on and saw this purse; there is a mark of the heel of a boot on it, as if it had been pressed into the ground—it was partially open; shut but not clasped—I looked inside and saw three pawn tickets.
The COURT considered that there was no ease against MCCARTHY.— NOT GUILTY .
MAHONEY— GUILTY of stealing.— Confined Nine Months.
DONOVAN— GUILTY * of receiving.— Confined Twelve Months.
JOHN BRIDGLAND (Policeman.) On Friday, 13th May, about half-past 6 o'clock, I was on duty in Billingsgate Dock, Greenwich, and saw the prisoner about 150 yards from the prosecutor's stable—I afterwards received some
information, in consequence of which I stopped him at about half-past 8, with some lead pipe—I said, "Then you have got it;" took hold of him, and took him to the station—I found on him thirteen pieces of lead, four pieces of brass, and a portion of a tap (produced)—I asked him what account he could give of them, and he said that he would tell the Magistrate—I went and compared the lead, and cut this piece (produced) off the pipe—it appears to have been not cut, but wrenched off.
WILLIAM NEAVES . I live with my father, in Billingsgate-street, Greenwich—on the morning of 13th May, I missed six feet of pipe and a tap—my man gave information to Bridgland—it was safe at 8 o'clock on the night before.
JOSEPH LOCKWOOD . I am a watchman in Mr. Jager's yard, Billingsgate Dock—about a quarter past 4 on the morning of 13th May, I saw the prisoner in the prosecutor's yard, against the door, and I saw him come out of the yard—I knew him previously perfectly well.
Prisoner. Q. How far were you from me? A. As close as I am now.
He was further charged with having been twice before convicted.
JAMES FERLEIGH (Policeman). I produce a certificate (Read: "Greenwich Police Court, February, 1858.— John Bruin, convicted on his own confession of stealing a coil of rope. Confined Six Months.) I took him in custody—the prisoner is the man.
GUILTY.— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
MARY DOUGHTY . I am the wife of William Doughty, of No. 66, Princes-street, Deptford—the prisoner came and took lodgings at my house at the beginning of July last—I think she stayed about three months—on the night she left I missed a quantity of feathers out of the bed which she had used, and a quantity of feathers from another bed in another room—I also missed six pillow-cases and three sheets, but only one sheet has been found—I also missed two feather pillows—I have seen them since at the police-court at Greenwich—they were my property—I said nothing to the prisoner about it.
Prisoner. Q. Were not these things missing before I left? A. No—I missed some things before this and accused you of taking them, and you asked me to forgive you, and I said I would on condition that you would make them good—the feathers were not missing first—the first thing I accused you of was stripping two beds, and cutting up a blanket into two petticoats, and pledging them at Blackheath.
ALFRED JOHN CROUCH (Policeman, 92 R). I received some information, in consequence of which I went to Mrs. Doughty's on 4th October last—I broke open a room there, and upon searching a drawer I found these tickets wrapped up in ribbon; they relate to pillows, sheets, &c.—I took the prisoner into custody.
Prisoner's Defence. Mrs. Doughty said that if I would make the things good she would not punish me for it—I should have made them good if I had not been taken into custody.
GUILTY .**— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
(The prisoners being foreigners had the evidence interpreted.)
JOHN CHURCH . I am a boot and shoemaker, living at 17, Nelson-street, Greenwich—On Friday, 13th May, between 3 and 4 o'clock in the afternoon, the prisoners came into my shop—Karppeamin asked for the best boots I had for the other prisoner—I endeavoured to fit the other one, but could not succeed—I had taken them into the shoe room—there were a number of boots lying on the floor—I was engaged in fitting for about ten minutes or a quarter of an hour—I had to go to a glass case in the same room to get boots, and while there my back was turned to them—I could not succeed in fitting Taossin, and they both left the shop—the same afternoon, about two hours afterwards, a policeman came to me and brought four pairs of boots; they were my property—these are them (produced)—I can swear to them—they are the same sort of boots as those they were trying on.
Karppeamin. Q. (through an interpreter) Can you swear that I stole the boots? A. I cannot; I did not see you.
BARBARA COUX . I am a servant to Mr. George Triggs, of London-street, Greenwich—on Friday, 13th May, a little after 3, I was in the passage of my master's house, which affords a view of his shop—I saw the two prisoners there, and the shopman, Watson, was fitting a pair of boots on Taossin—whilst he was so engaged the other prisoner was standing at the back of him, and I saw her take a pair of boots off the side of a desk, close to where she was standing—she then lifted up her cloak and put them underneath—I went upstairs and told my mistress, and in consequence of what she said I told the shopman what I had seen—he then desired the prisoners to go into the back parlour—I did not see my mistress come into the parlour—I saw Karppeamin standing at the bottom of the counter afterwards, at the time when Watson came into the shop, and then I saw Watson pick up four pairs of boots from the place where she had been standing—I bad seen that spot a short time before, but there were no boots there at that time—Watson picked the boots from the floor at the end of the counter.
Karppeamin. Q. Can you swear I put the boots down there? A. No.
GEORGE WATSON . I am shopman in the employ of Mr. Triggs of London-street, Greenwich. I remember the prisoners coming to our shop, and I tried to fit one of them with a pair of boots—whilst I was so engaged, the last witness spoke to me, and I asked Karppeamin to walk into the back parlour—Karppeamin spoke to me in English—I could understand what
she said—in her presence I asked my mistress to search her—she did so, but found nothing—I then went to the shop door, to send a lad for a constable—on coming back into the shop I saw Karppeamin pass round at the end of the counter, and saw her very busy with the front of her dress—after that she said her husband would give me 50l. not to give her in charge—I do not know whether there were any boots at the end of the counter before she went there—I had been in the shop about a quarter of an hour or twenty minutes before they came in to be measured—I had seen the place at the end of the counter then, but could not say whether there were any boots there—I picked up four pairs of boots from there after the prisoner had left the place—these are them.
Karppeamin. Q. Did you see me take the boots? A. I did not.
AMELIA TRIGGS . I am the wife of Mr. Triggs—in consequence of what was told me, I went into the back parlour, on the afternoon of 13th May—the prisoners came in after I was there—Karppeamin was very much agitated, and very pale—she had a cloak on—I lifted up her cloak and jacket, but could not find anything, and she said she was innocent, so I did not search her much—I saw her leave the parlour—the moment Watson's back was turned, she went into the shop, close to the counter—she remained there about a minute or so, and she said that her husband would give 50l. if we did not fetch a policeman—not a word had been said about fetching a policeman before she offered this 50l.—I think Watson was going towards the door at the time—when she was at the counter, she had one hand on the counter, and the other down under her cloak—she left the counter, came to me, and asked me to search her again—at that moment the shopman came in, and I saw him pick up four pairs of boots from the place where she had been standing.
Karppeamin. Q. Did I ask you a second time to search me? A. You did, when the policeman came—you did not say if we arrested you innocently it would cost 50l.
GEORGE HENDERSON (Policeman, 401 R). On Friday, 13th May, the prisoners were given into my charge—I also received four pairs of boots—I examined the dress that Karppeamin wore; it came down very low, in a peak, hooked in front, and there was a slit about a foot long down the front; and she had a crinoline—I heard Karppeamin speak—I had not the least difficulty in understanding her.
ELIZABETH HOLMES . I am female searcher at the Greenwich station-house—I remember the prisoners being brought there—I saw the dress which Karppeamin had on—she had a jacket on—there were hooks in front of her dress—if anything were hung upon them, it would hang down in front—the slit in the front of the dress was the common length—she had a quilted petticoat on—it was very full.
Taossin's Defence. I am innocent—I went out with the intention of buying a pair of boots.
KARPPEAMIN— GUILTY .
Taossin received a good character.
TAOSSIN— NOT GUILTY .
Karppeamin was further charged with having been before convicted.
DENNIS SCAMMELL (Policeman). I produce a certificate (Read; "Westminster Sessions, January, 1858; Mary Diefki convicted upon her own confession of larceny—Confined One Year")—I was present at the trial—the prisoner is the person.
KARPPEAMIN—GUILTY.— Three years' Penal Servitude.
Before Mr. Baron Bramwell.
MR. GIFFARD conducted the Prosecution.
ANN FADDEN . On the night of 15th May last I was standing at my street-door—the prisoner, who is my brother, passed by with another young man named William Jennings, who he lodges with, and as he passed he said to me, if Boss was here he would give it to him—I thought he meant my husband, as he had rather a turn in his eye—I told him to go along; that he was down the street, and to mind that he did not meet him—he turned round and said that I was a toy-shop thing—I then said to him, "Go along, you long-nosed vagabond and look out, he is down the street, and if he hits you he will give you something"—he said, "Go on, you counterfeit"—I then ran out and struck him—we both fell fighting together, and during this time he said he did not want me, he wanted my husband, calling him Boss again—my husband was in a person's place listening to the newspaper being read, and he heard the names and ran out—I do not know whether he hit him or not, but he made the attempt to hit him—I turned round and pushed my husband away and told him to go away and not have anything to say to him, and I then turned round to my brother and told him to go home, for if my husband was to hit him it would hurt him—he said, no, he would hit him, and he pushed me away and flew at my husband and struck him on the left side of his neck with his right hand—my husband made a bit of a stagger and fell, and my brother a-top of him—I can hardly tell how soon after it was that I discovered that my husband was hurt, my mind has been so upset.
Cross-examined by MR. MCDONALD. Q. What time was it that you first saw your brother? A. About twenty minutes past 12 at night—I did not see whether he was eating bread and cheese—I can't say whether he was or not; I did not notice—I did not notice whether he had a pocket-knife in his hand—I did not see any knife at all—he was very drunk—he passed on towards his lodging when he called me these names—I did not follow him until he called me a counterfeit, and then I flew out and ran towards him and struck him—I dare say he struck me in return, I can hardly tell—we both fell together on the ground—I can't tell how many persons were present when my husband came up; there were a great many—I can't say whether there were twenty or thirty—when my husband came out he went to hit my brother, but I did not see any fighting—I saw my brother strike him on the left side of his neck with his right band, and a few minutes after that they fell, but how they fell I can't tell—my husband was perfectly sober—I can't tell whether my husband hit him or not—he only struck one blow while they were together—none of the people present came between them.
COURT. Q. You and your brother had had a scuffle? A. Tea, that was over—when my husband heard the words he came out, and saw me and my brother entangled, and he went towards my brother to hit him—the prisoner then let me go and turned towards my husband—the fight was still going on between me and my brother when my husband came out—it was during the fight that he said he did not want me, he wanted my husband.
thing I heard was my brother call my sister a b—toy-shop thing, and a b—counterfeit—I then saw my sister rush in and they both struck one another—I then saw the deceased come out of a neighbouring house to part them—he went in between them and said to the prisoner, "If you don't go about your business I will dig you on the nose"—the prisoner said, "You, you b—boss-eyed b—; you are just the fellow I want"—my sister said to the prisoner, "Jerry, why don't you go down home, for if he hits you you won't like it"—the prisoner said, "I will give him a blow that he won't be able to hit me"—with that my sister laid hold of Fadden and tried to shove him away—the prisoner made a rush, and I saw him strike Fadden on the left side of the neck; he then stepped back about a couple of yards and made a rush at his legs, threw him down, and fell a-top of him—I went to lift him up and saw the blood running down his neck, but I took no notice of it; I thought his head was cut open with the fall—I leant him over a few palings down the street and went to assist my sister, because the prisoner directly he had done this, ran and boat her—as soon as I had got to her a little girl came and holloaed out that Mr. Fadden's throat was out—I went directly and assisted Fadden, and took him to the hospital—I afterwards saw his dead body there.
Cross-examined. Q. How many persons were present when the prisoner and Fadden were together? A. I cannot tell, there was a goodish few, I should say about thirty or forty—I saw the prisoner and Fadden put themselves in a fighting position—the prisoner struck first—Fadden was a stout short, powerful man—my sister came between them while they were in a fighting position—she did not strike the prisoner, nor strike at him—she laid hold of her husband—the prisoner did not fall before Fadden fell.
COURT. Q. At the time the prisoner, as you say, rushed and hit him on the left side of his neck, was Fadden trying to get at the prisoner? A. No, they were all scrambling together—my sister had hold of Fadden's arm, trying to get him in-doors—he was in a fighting position at the same time, not squaring at the prisoner, he had his fists up—he had made a blow at him, but it did not hit him—I am sure of that—that was after Mrs. Fadden and the prisoner were fighting—they had got separated before he came out—the prisoner was waiting outside the door.
PATRICK NEWMAN . I came up while the fight was going on between Mrs. Fadden and the prisoner—I saw Fadden come up to take hit wife from the prisoner—the prisoner said to him, "Are you come out to fight me too? come on, you boss-eyed b—, I am ready for you"—they showed fight in a fighting position to each other, and Mrs. Fadden rushed in between them to part them—she was pushed down by the prisoner—she rose up again, and she was pushed down by Fadden—I then saw the prisoner raising his right arm with something in his hand—it appeared to me to be the blade of a knife—he gave Fadden one blow in the left side of the neck—he than waited for a minute, and then rushed at him, caught him by the legs, knocked him down on the pavement, and fell down with him—the prisoner rose up again, rushed at Mrs. Fadden, and knocked her down and fell down with her—he then rose and went towards his lodging and I saw no more.
Cross-examined. Q. Did you see the prisoner knocked down before you saw him raise his hand? A. No—I did not see him stagger—before Fadden came out Mrs. Fadden and the prisoner were scuffling together the prisoner was drunk—Fadden was sober—Mrs. Fadden seemed to me sober.
saw the prisoner and the deceased in the position of fighting—I saw the prisoner strike Fadden, and he walked backwards—Fadden walked towards him—I followed him, and as I followed I saw a knife—I stooped down and picked it up, and I then saw the prisoner and deceased falling—the deceased fell backwards on his head, and the prisoner a-top—the prisoner got up first—the deceased laid on the ground for a few seconds, and when they rose him up he was bleeding, and they said his throat was cut—I found the knife three or four yards from the place where I saw the two men together—I kept it till I gave it to the policeman.
Cross-examined. Q. You say you saw the prisoner and the deceased in a fighting attitude? A. Yes—I only saw one blow struck—I saw the prisoner walk backwards and the deceased followed him up—that was after the blow—there were a great quantity of people there—there was no ring made that I noticed—there was a lot of people and there was a kind of a scrambling match—I think they were trying to avoid it when I came out, but directly I came out I saw the blow struck—there were no other persons scuffling.
MR. GIFFARD. Q. Did you see any persons except the prisoner and the deceased scuffling or fighting with each other in any way? A. No.
GEORGE VELLACOTT (Policeman, M 224). On the morning of the 15th May I was called to 23, Mellicks-place, where the prisoner lodged—I told him I had come to take him into custody for cutting his brother-in-law's throat—he said, "All right, all right"—as we were going down-stairs he said, "I am given in charge, aint I?"—I said, "Yes, you must go to the station along with me"—he said, "All right," and before he left the premises he said, "If I am given in charge I shall do for the b—; if I get over this I shall do for him"—I took him to the station—as we were going there he said, "I meant it"—I went back to see if I could find anything that the wound was inflicted with, and Wiley gave me this knife (produced)—Wise was the policeman in charge at the station when I went in—the prisoner was the worse for drink.
Cross-examined. Q. Was he very drunk? A. He was drunk, not but What he could walk very well—I did not see him stagger when I took my hands off him—I swear that—he did not tell me that he had been knocked down—I did not hear it—he did not say that he had been beaten and illused by these parties that night—he said he had been a week before—I did not hear him say, "I will go readily with you; you should take them as well"—he said nothing like that in my presence—I had not been saying anything to him before he used the words, "I meant it"—there were a great many persons by the side of me, but I had not spoken to him.
MR. GIFFARD. Q. When did he tell you that he had been beaten by these parties about a week previous. A. Going along—he did not say by what parties—he said he had been struck on the nose about a week previous—he did not exhibit any marks of ill-usage—I did not observe that his lip was swollen—I did not notice.
Cross-examined. Q. Was he very drunk? A. He was very much intoxicated—his lip appeared as though it had been bleeding.
COURT to JOSEPH VELLACOTT. Q. Did not you notice that his lip had been bleeding? A. I did not notice anything of it—I can't say whether it had or not.
—I took the deposition of the deceased man—the prisoner was then in custody and present—he had an opportunity of cross-examining him—this is the original deposition which the man signed. (Read: The examination of James Fadden, taken on oath, 25th May, 1839, at Guy's Hospital, before Mr. Bircham—"The prisoner Jeremiah Coghlan, now present, is my brother-in-law—On Sunday week, between 12 and 1 o'clock, early in the morning I was at Mrs. Carey's, hearing the newspaper read, and I heard the prisoner kicking up a row with my wife—I went out and told him if he did not go away I should hit him in the eye and on the nose—I may have hit at him—he said, 'I can fight you,' and he stepped back, and I stood on one side and he struck at me and I fell—when I got up I found that I was bleeding from my neck—his brother said, 'You are stuck,' and I found myself all over blood—I was paralysed for a short time—I did not see anything in his hand when he struck me—about a week before this took place we had, a quarrel; he kicked me and I struck him, but we had been friends since then—I did not see him eating bread and cheese as stated now by him."
JAMES BROAD . I am a surgeon at Guy's Hospital—the deceased was brought there about 1 in the morning of 15th May—he had a wound in, the left side of the neck—I attended him—he ultimately died on 3d June—after his death I examined the wound—it was an incised wound about two inches in length, and when we dissected down to the vessels of the neck we found a large wound in the jugular vein which was the source of the hemorrhage—this weapon is quite capable of producing such a wound—I have no doubt that wound was the cause of death.
GUILTY of Manslaughter. — Twenty Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. CLERK and ORRIDGE conducted the Prosecution.
JAMES BRANNAN . I was formerly Inspector of the G division of police—on 27th March I went with other officers to a house, No. 237, Kent-street, about half-past 10 o'clock in the morning—Elliott was there when I arrived, by my direction—I found the door of the house open—I went into the back parlour—I found William Gillard the elder there and Emily Gillard—Bryant and Serjeant Brannan went in with me—they seized Emily Gillard, and another officer seized William Gillard the elder—I proceeded to the front parlour—I found on the ledge these two shillings, which I believe to be counterfeit—while I was there I saw William Gillard junior come to the outside of the window—I ran out—he ran, and I seized him; and another officer came, and we pushed him into the back room, where Inspector Moore received him—when I seized him he pulled his left hand out of his trousers pocket, and opened it and said, "You all see that I have nothing"—at that time his right hand was in his trousers pocket—Inspector Moore received him in the back parlour, where William Gillard senior and Emily Gillard were—the inspector went to search him, and he pulled his right hand from his right hand pocket, and from his hand three shillings dropped, two on a chair and one on the floor—I took up one, which is counterfeit—he said, "So help me, God, I have not had them!"—at that time Inspector Bryant and Brannan were endeavouring to get a purse from
the hand of Emily Gillard—they succeeded, and the purse contained some good money and two counterfeit shillings, wrapped up separately—William Gillard junior was standing by, and he said to her "Oh, you b—y b—h, you have sold me"—she said, "No, I have not; they were given to me by a female to mind"—she afterwards said, "No, by a man"—William Gillard senior said, "Hold your tongue; they are not fly enough to get us to rights," meaning that we had not sense enough to get a case against them—I then addressed myself to William Gillard the younger, and said to him, "Well, Bill, I have received instructions to pay you another visit"—he said "So help me, God, Mr. Brannan, I should not care if you came when I had anything, but I never had them"—the prisoners were taken to the station, and Inspector Bryant found another shilling in the right hand waistcoat pocket of William Gillard—he then swore that he had not had that.
William Gillard, senior. When I made use of that expression I begged and prayed of you not to have anything to do with me, as I belonged to the workhouse. Witness. No, not then; but when we were going to take you away, you said, "You are not going to take me, for I am an inmate of the workhouse"—I said, "Yes, and I have had you under observation for many years."
Cross-examined by MR. DOYLE. Q. How do you know that William Gillard junior had that house? A. He told me it was his, and I have had him under observation nearly a year and a half—when I visited that house before, I found the batteries there, and all but the moulds; and only finding one half-sovereign there, I thought there was not enough evidence against him—I am not aware that he was ever in custody—I was a police-constable twenty-six or twenty-seven years—there nave been cases with which I am not acquainted—I do not know of my own knowledge that he has been in custody—I have heard that Emily Gillard is his wife—we found a marriage certificate there—they occupy the front and back parlours, but the whole of the house belongs to them; they let it out to lodgers—on that Sunday morning when I went I found all the doors open—Emily Gillard was sitting down—I had reason to think that William Gillard senior had come from the workhouse that morning—when William Gillard junior came to the window he did not say anything that I could hear—I rushed out from the parlour directly I saw him, and he rushed into a crowd—I did not hear him call out, "What are you doing there?"—he was not seized by some person who pulled him away—he was first seized by me—he was rushing into a crowd, and I rushed in and seized him—he pulled his left hand out of his pocket, and said, "You all see that I have nothing"—he went with me into the back parlour, and his right hand was in his right hand trousers pocket, and three shillings were in his hand as he was in the act of taking his hand from his pocket—on my oath I saw the three shillings fall from his hand—there was a female there who was active in assisting her mistress, and I turned her out of the room.
MR. CLERK. Q. Had you ever seen that woman about the house before when you have been watching? A. Yes—William Gillard senior was an inmate of the workhouse—I have frequently seen him at the house we went to—he was there five or six times that morning—it is about eighteen months ago since I went to the house and found the batteries and the half-sovereign—the house is a common brothel, a receptacle for thieves and prostitutes—it is not a licensed house—Emily Gillard said that the three shillings were left while she went for some gin—both William Gillard junior and Emily
told me that both the lower rooms were occupied by them, and Emily said, "Let me go in the room to get my bonnet"—I found two shillings on the ledge in the front room—when I seized William Gillard junior in the crowd I kept my hand on his right arm to keep his hand in his pocket.
WILLIAM MOORE (Police-inspector, L). I went with the other officer to the house in Kent-street—I went in the back room, and assisted in taking William Gillard junior in custody—he was pushed in by Brannan and Raymond—his right hand was in his trousers pocket—I commenced searching him, and he pulled his hand out of his pocket and dropped three pieces of coin on the chair, and they fell on the floor—I saw those pieces fall from his right hand—I picked up two of them, and Mr. Brannan picked up one—I said to the prisoner, "These are bad"—he replied immediately, "So help me, God, I never had them; it is a plant upon me; I have bean sold"—all the persons who were in the room are here to-day.
Cross-examined. Q. They are all policemen? A. Yes, except Mr. Brannan—he was acting as a constable on this occasion—I will pledge my solemn oath that I saw the young man drop the three shillings—I believe none but policemen saw him.
MR. CLERK. Q. Did you drop these shillings? A. No—there was no money placed by me or any of the constables there.
BENJAMIN BRYANT (Police-inspector, G). I took Emily Gillard in custody—I saw she had something in her right hand—I asked her what she had there; she said, "Nothing"—I took her hand, and found in it this purse—she set up a great resistance, and struggled violently—ultimately I got the puree from her—it contained two counterfeit shillings, wrapped in paper, in one division, and some good shillings in another division—I said to her, "Here are two counterfeit shillings"—she said, "That is what the Woman gave me to mind while she fetched sixpennyworth of gin"—she afterwards said it was a man gave them to tar—William Gillard junior said, "Oh, my God, you b—y b—h, you have sold me"—I saw William Gillard junior seized, and he dropped three shillings from his right head—I was at the station, and saw a counterfeit shilling found in his right hand waistcoat pocket.
Cross-examined. Q. Where were the three shillings dropped from? A. From his hand on a chair and on the floor—I saw them fall from his hand, that I positively swear.
JAMES BRANNAN , Jun. (Police-sergeant, G 21). I went with the other constables to the house—I was in the back room—I saw Inspector Bryant take the purse out of Emily Gillard's hand—I saw William Gillard junior brought into the room, and I heard him say, "Oh, what a b—y fool I must be to have come near the place when they told me you were here; I might have kept away"—he turned to a girl, one of his lodgers, and said, "Go and tell Mr. Dagg to go to the station to prove I was searched before I came in"—that girl had come in just before he was brought in, to the best of my recollection.
Cross-examined. Q. Was not what he said, "If I had had any coin about, me I would not have come here"? A. No; the words I have stated were the words he made use of—I cannot say that I saw him drop any money, but it was noticed directly by Inspector Moore.
THOMAS EVANS (Police-serjeant, G 22). I was at the house that morning, and took charge of the prisoner—when William Gillard junior was brought in he said, "What a fool I was to come in when I heard you were here; I might have stopped away till you were gone;" and he said to a female, "Go over the way, and tell" such a one, "to go to the station and prove I was
searched before I came"—he afterwards said, "I thought I should be nailed some day when I had not got much stuff about here"—he said to the woman, "Where did you get these things?"—she said, "A woman told me to mind them;" and he said, "I have told you not to mind anything for anybody"—she afterwards said that a man brought them in that morning and told her to mind them—William Gillard junior, said, "If I have been bad once, I am not bad now."
ARTHUR ELLIOT (Policeman, G 104). On 27th March I was sent out by Mr. Brannan to watch this house—I got to the place about 10 o'clock—I could see the house—I was about twenty yards from it—I was in plain clothes—I was watching the house about half-an-hour before Mr. Brannan and the constables came—I saw several persons go in and out, but I could not say who they were—I saw both the men prisoners standing at the door when I got there, but when the persons went to the house they both went in with them, and came to the door again when they came out; and they remained at the door till another person came up—a short time before Mr. Brannan and the constables came, I saw William Gillard junior go out and go across the road—there was a gentleman preaching, and he went in the mob—when the constables arrived, I went in the house with them—I assisted in taking Emily Gillard—she gave me a blow in the face.
William Gillard senior. Q. Did you see me speak to either of the persons that came? A. I could not see you speak but you both went in and out with the persons that came.
Cross-examined. Q. You saw William Gillard junior go where there was somebody preaching? A. Yes; and after that, Mr. Brannan and the constables came—it was when they were coming up the street that William Gillard junior left the door and rushed into the crowd—I did not see him come back to the window.
PHILIP RAYMOND (Police-sergeant, M 22). I was on duty in Kent-street on 27th March—I saw a crowd round the house, and I saw William Gillard junior come to the window—the door was shut at that time—and he said, "You vagabonds, what are you doing there?"—the door was instantly opened, and he ran from the window to the crowd on the opposite side—Mr. Brannan ran out and got hold of him—I took hold of him at the time and pushed him into the house—I saw him hold up his left hand, and he said, "You see I have got nothing"—I assisted in taking him to the station—I searched him, and found a bad shilling in his right hand waistcoat pocket.
William Gillard, senior's, Defence. I am very sorry to be compelled to acknowledge that I have broken the laws of my country—I suffered for it—it was a warning to me—immediately after my imprisonment I made application to my parish, and they received me—on Sunday mornings we are allowed to go to see our friends, and to go to church—I had not been at the door on that morning five minutes when the officers came—I had nothing to do with the coin whatever.
William Gillard junior received a good character.
WILLIAM GILLARD senior— NOT GUILTY .
WILLIAM GILLARD junior— GUILTY — Confined Two Years.
EMILY GILLARD— GUILTY — Confined One Year.
PLEADED GUILTY .— Confined Nine Months.
MR. CLERK conducted the Prosecution.
JOHN JENNINGS . I keep a shop in Bermondsey, and sell tobacco—on Friday, 13th May, the prisoner came about a quarter before 11 o'clock in the morning—I had seen him a week previously—he asked for half an ounce of tobacco—it came to three-halfpence—he gave me in payment a bad shilling—I took it up off the counter, and I said, "Where did you get this?"—I think he said he had it from his employer—I bent it in the detector—I then jumped over the counter and closed my shop door and locked it—he said, "What are you going to do?"—I said, "To send for an officer and give you in custody; you have been here before with bad money"—he said he had not—he had brought a bad shilling the week before, but I did not detect it till after he was gone—I had put it with other money, and I afterwards found I had a bad shilling in the till when I cast up the money at night—whether he gave me the bad shilling I could not say—I held the second bad shilling in my hand till the officer came, and I gave it him.
Prisoner. Q. You said before the Magistrate that you could not swear I had been in the shop before. A. No I did not; you had been in the shop before.
JOHN FAIRCLOUGH . I am a leather-dresser at Bermondsey—I keep a small shop, and sell tobacco—the prisoner came to my shop on the evening of the 2d of April—he asked for some tobacco—I served him—he gave me a bad half-crown—I took it up and bent it—I came round the counter and took him by the collar, and said, "I suspect you was here last night"—he said, "I have not been here before"—I sent for a constable, and gave him in custody—I gave the constable the half-crown.
GEORGE BOXALL (Policeman, M 255). I took the prisoner in custody on the 2nd April—I received this bad half-crown from the last witness—the prisoner was taken before the Magistrate and remanded and discharged.
GUILTY .— Confined Six Months.
Before Robert Malcolm Kerr, Esq.
GEORGE TATE . I am porter at the London-bridge station of the South-Eastern Railway—on the 4th November I was the only porter who labeled the luggage for the half-past nine train to Reading—I labelled one tea chest and some small things—there was no black box—a telegraphic message came that day, and my attention was called to it—I am quite sure I did not label any black box that day.
Cross-examined by MR. ROBINSON. Q. What time did the telegraphic message come? A. About two o'clock—I know I labelled these articles, because my mate was not there at half-past nine—I don't know how many packages I label in a day—I may label 100—the half-past nine is a slow train—the
Company took me down to Chelmsford—I was there but was not called—I was outside the Court—there were three trains between half-past nine and two o'clock.
MR. SERJEANT BALLANTINE. Q. Who was the person who took charge of the luggage to Reading? A. William Buckland; I am quite sure I delivered all the luggage to him.
WILLIAM BUCKLAND . I am a guard in the service of the South-Eastern Railway—I was the guard of the train that left London for Reading at half-past nine o'clock on 4th November—it is my duty to be in the luggage van, and to receive and stow away the luggage—I did so on that occasion—I received three packages—there was a tea chest—there was no black box—I went to Beading, and on arriving I put the Reading luggage on the platform, and the tea chest was among it—soon after, Mr. Hazle, the station-master, came up, and said that a passenger wanted a black box from London—I said I had no black box—I pointed to the luggage I had brought from London, the three packages, and Mr. Hazle asked the passenger whether his box was among them—he said that neither of these belonged to him—he must have seen the tea chest—while this was going on, another person, whom I do not know, came up and claimed the tea chest.
Cross-examined. Q. Where did the train go? A. On to Reading—we stopped at fourteen or fifteen stations—we had perhaps fifty packages in all—we had luggage to deliver at some of the stations, I cannot tell at which—I cannot tell how many boxes there were altogether—I was at the trial at Chelmsford, but was not called—I wag outside—I did not hear the trial—I was taken down by the Company, but was not examined.
FRANCOS SMITH . I am a ticket collector at the Reading station of the South-Eastern Railway—I was there on 4th November when the half-past nine train arrived from London—it arrived about half-past twelve o'clock—I collected the tickets of that train—I saw both the prisoners on the arrival of the train—I think they were not a great way apart, perhaps three or four yards—I did not see them communicate or speak to each other—I heard Goldstein ask for a box which he described as a black box—a tea chest was pointed out to him by Mr. Hazle, the station-master—he said, "No, that is not the box"—the other prisoner, Goldberg, said, "That is mine," and Goldberg took it away in the presence of Goldstein.
Cross-examined. Q. What colour was the tea chest? A. A dark brown one—Goldstein said that was not his—I was at Chelmsford, and was outside the Court, but was not called—I was waiting to be called—I was not subpoenaed—I am a servant of the Company—I know that Goldstein was the plaintiff in an action brought against the Company at Chelmsford—I heard that it was tried by a special jury.
JOHN CHARLES EAST . I am solicitor to the South-Eastern Railway Company—an action was brought against the Company which was tried at Chelmsford—I was present on the second day of the trial—Goldstein was the plaintiff—I did not hear the whole of his examination—he was recalled on the second day—I called some witnesses—we had not at that time the information of the circumstances that occurred at Reading—I knew nothing of the tea chest—the verdict was for the plaintiff, 13l. 10s.—two days after the trial I received information, and I caused inquiry to be made at Reading—I then became acquainted with the witnesses, James Eastwell, Charlotte Reeves, and Thomas Denton—I was not acquainted at the time of the trial with the information given by these witnesses—I did not see Goldberg on the second morning of the trial.
Cross-examined. Q. Were you down at the trial? A. Yes, on the second day—I did not hear it admitted on the trial that the black box was sent by the train; most certainly not—we called some witnesses to state that they did not recollect any black box being sent, and to prove that the black box was not sent.
Q. Was there anybody who could have been called to prove that? A. We called the stationmaster at Reading—he was present when the guard arrived at Reading—I believe there were others called.
MR. SERJEANT BALLANTINE. Q. Were you present when any witnesses were called in reference to the black box? A. I speak only from recollection, but I believe in my presence one or two of our people were called—I know there was a Rule Nisi obtained last sitting.
GEORGE DOUGLAS HAZLE . I am stationmaster at the Reading station of the South Eastern Railway. On 4th November I was at the Reading station on the arrival of the half-past 9 train from London—I saw the whole of the luggage taken out of the luggage-van—while that was done I saw the prisoner Goldstein, he remained standing near till the whole of the luggage had been taken out—he then addressed himself to me and said, "Where is my box?"—I said, "What box?"—he said, "The box I saw labelled in London"—I asked him to describe the box, and he said, "A large black box," and he held his hands out about three feet apart to show the size—I sent for the guard and said, "This person says he saw a black box labelled in London"—the guard replied, "I received no black box, I only received these three packages," pointing to three on the platform—the tea chest was one—I then went with Goldstein into the office to the telegraph about the box, as he adhered to his statement that he had one—I then went back again, and Goldstein went with me—I advised him to go away and come again in an hour's time, when we might get a reply—Goldstein then went on the platform, and I saw another person coma and take the tea chest away—I did not notice him, as I was engaged with Goldstein—Goldstein spoke to the other man—I did not observe whether they appeared to know each other.
Q. Were you present at Chelmsford? A. Yes—I was examined—I am stationed at Reading—I do not know what is put in the train in London—Buckland is responsible for the luggage.
COURT. Q. Were you and the two men close together when the man took the tea chest? A. We were all close together.
JAMES EASTWELL . I am a cab-driver, and live at No. 12, East-street, Reading. In the early part of November my cab was at the Reading station of the South Eastern Railway—I remember a train arriving there between 12 and 1 o'clock—I do not recollect the date—I am there every day—I saw the prisoner Goldberg there—I asked him whether he wanted a conveyance—he said, "Yes," and wanted me to take him where he could get a lodging—he had a tea chest with him—I took him with the tea chest to my master's house, the Dun Cow—I left him there—I put the tea chest in the parlour on the left hand side—the next morning I saw the other prisoner Goldstein at a little after 6 o'clock in the yard at the Dun Cow.
Cross-examined. Q. When were you first spoken to about this? A. Sometime afterwards, I can't exactly say the date; I should think it is three months since I was spoken to on the subject—Mr. Hazle was inquiring about it, and he spoke to me to know if I took such a person—that was about four months afterwards—I drive a good many persona there—if any one wanted a lodging I should take them there—I take all I can get—I do
not take a dozen in a day—I was not at the trial at Chelmsford—I have heard of it since—I think it is about a month since.
MR. SERJEANT BALLANTINE. Q. Before you heard of the trial had you seen Goldberg? A. I saw him in Newgate—he was with other persons—they were all there together—I recognized Goldberg as the person I had taken to our house with the tea chest.
CHARLOTTE REEVES . I am landlady of the Dun Cow at Reading—Eastwell is in my husband's employ—some months ago he brought the prisoner Goldberg to our house with a tea chest—he said he wanted a lodging for the night, and asked if I could accommodate him—I told him yes—Eastwell brought in the tea chest, and put it in the front room—Goldberg had a glass of ale, and he asked if his things would be safe there, as he wanted to go out for a little while—I told him yes, and he went out towards the station again—I looked out in a few minutes after he had gone, and he was talking to another young man, who I could not exactly swear to, but I think it was the other prisoner Goldstein—they were talking to one another—they afterwards came to our house and had a pint or two of ale, and Goldberg said he could not stop, as he had to go by the train, but his friend would stop in his place—they then left, and went away together in the direction of the Lower Station of the Great Western Railway—after that, between 10 and 11 o'clock, Goldstein came back to sleep there—he slept in our house.
THOMAS DENTON . I was ostler at the Peacock Inn in Reading—in November last, in the early part of the month, I saw both the prisoners at our house—I first saw Goldberg at the house; and, on the same day, I saw both the prisoners together, between 2 and 3 o'clock—I don't know that they were talking—they were both together at the side door, and I was in the yard—Goldstein asked me to take a chest to the station—it appeared to be a tea chest—it was the same size as I have seen tea chests—I asked him which station I was to take it to—he said the Great Western—I asked him to which station, whether the up or down station of the Great Western—he said the up station—I was to take it to the booking-office—Goldberg was as near to him then as he is now—I received a sixpence for booking the chest from Goldstein—I took it to the station and booked it—I received a ticket, and gave it to Goldstein—I met him and Goldberg together, going towards the station as I was coming back—I don't know that Goldstein slept away from the Peacock—I saw him there in the passage in the evening, and he had a candle in his hand—I have no doubt about the prisoners being the persons.
Cross-examined. Q. When were you first spoken to about this? A. In March—I hardly know by whom—one of the gentlemen who came to me I have not seen since.
WILLIAM COY . I am superintendent of the unclaimed luggage office at the London-bridge station—on 5th November Goldstein came to the office e—he said he had travelled on 4th November by the 9.30 train to Reading; that previous to getting in the train he had a black box, which he saw labelled for the Reading station, and that on his arrival at Reading the box was not to be found—I asked him what the box contained—he said sample slippers—I did not ask him the value then, but in four or five days afterwards he said he estimated the value from 27l. to 30l.—I said that was rather a large amount for sample slippers—he then said that it contained more than sample slippers, that his wearing apparel and his wife's clothes were also in the box—I made every inquiry all over the line, but no black box was found.
Cross-examined. Q. Were you present at the trial at Chelmsford? A. Yes; I gave the same evidence as I have to-day—Goldstein told me they were sample slippers—I should say I was making inquiries for six or seven days, if not more, after he gave me the information—he came to me several times afterwards, and I told him I was still prosecuting my inquiries—when he told me it was the half-past 9 train I knew immediately to whom I was to apply, and I knew Buckland would be up in town again—I made written inquiries at the stations on the line.
GUILTY .— Confined Twelve Months each.
JOHN THOMAS . I live at No. 31, King-street, Old Kent-road—I was in the Old Kent-road on the night of 10th June—I saw the prisoner there—I left the Old Kent-road to go home—the prisoner accompanied me till we got to the Albion-road—there are some gardens there—when we got there she demanded some money—I told her I had none—she said she knew I had, and she began to fight and to scratch—she scratched my face—I took her by the arms and held her, and she began to holloa out—a man came up, I can't say from where, and knocked me down directly, and while I was down my money was taken from my right hand trousers pocket—I cannot say who took it—I know that I had a purse and a half-sovereign and some silver in it—the prisoner and the man ran off as soon as I recovered myself and made an alarm—a policeman came to my assistance almost directly—I told him I was robbed by a man and a woman—he went and brought the prisoner back, and he had my purse in his hand—I had seen the prisoner previously in the Kent-road, but had not spoken to her—her face and figure were known to me quite well.
JAMES ENGLESTON (Policeman, P 168). I was in Gloucester-place on the morning when this occurred—about 1 o'clock I heard a man call "Police!"—I went to the place, and saw the prosecutor—he said he had been robbed by a man and a female—I ran up the Albany-road as far as Charles-street—I overtook the prisoner, and told her she must come back with me; I believed her to be the person who had robbed a man—she said she did not know anything about it—I saw her moving her hand about, and heard the purse drop in the Albany-road—I took it up—this is it—it contains a half-sovereign and half a crown—I opened it when I got to the prosecutor.
Prisoner's Defence. Some persons ran away, and as they went they threw something, but what it was I did not know.
GUILTY .— Confined Nine Months.
Before Mr. Baron Bramwell.
639. WILLIAM PERFECT (25) , Burglariously breaking and entering the dwelling-house of Henry Joshua Gill, and stealing therein 1 coat, 1 pipe and case, and other articles, value 2l. 19s., his property.
MR. O'CONNELL conducted the Prosecution.
ISABELLA GILL . I am the wife of Henry Joshua Gill, a warehouseman, of Coleman-street, Surrey-place, Camberwell—on Saturday night, 21st May, about twenty minutes past 9 o'clock, I was in my kitchen, and I heard a noise in my front parlour—I had been in that parlour about five minutes before 9 o'clock, and left the windows fastened—my husband had fastened them—I did not go into that parlour after I beard the noise till about 11 o'clock the next morning—I then missed my cloak, my shawl, and victorine
—the window had been fastened with a hasp in the middle—the constable came to my house on the Sunday afternoon, and he opened the window with a knife and made the hasp go back—he made a noise which I could swear to as a similar noise to that I had heard on the Saturday night.
Prisoner. Q. How do you know when the robbery was done, whether that night or the next morning? A. I only speak to it by the noise—when I went into the room the next day, the window was a little way open.
THOMAS NEWEY , (Policeman, P 299). I went to the house on the Sunday—I observed the state of the window—the fastening had been removed by some instrument, apparently by a knife—I had seen the prisoner on the Saturday night, about twenty-five minutes after 9 o'clock—he was within about thirty yards of Mrs. Gill's—he, was coming from the house—he appeared to me to be very bulky—I saw him on the Sunday in Camden-street, Walworth—I said to him, "Where were you last night at twenty-five minutes past 9 o'clock?"—he said, "I was in Bermondsey"—I said, "Who was with you?"—he said, "I was by myself"—I then told him I should take him in custody on suspicion of being concerned in a robbery in Coleman-street the night previous—I took him, and found in the breast pocket of his coat this pipe and case, and a number of lucifer matches—I found on the Sunday three lucifer matches outside Mrs. Gill's window—two of them had been lighted, and one had not—I am sure about the time I had seen him on the Saturday night—I had left at the usual time—I leave to go on duty—I had about a quarter of an hour to walk—he was then feeling first in his great-coat pockets, and then in his other pockets—I said to him on Sunday, "What were you so busy in feeling in your pockets for?"—he said, "For my handkerchief"—I have known him since 1856.
Prisoner. Q. Were you positive of me on the Saturday night? A. I was not so positive it was you till after I had heard of the robbery—I never knew you convicted.
JOSEPH KNOCK (Policeman, P 115). I was with the last witness on the Sunday, and took the prisoner—on the way to the station he dropped this knife from his trouser's pocket—I went with the last witness to Mr. Gill's—I found it exactly corresponded with the marks on the window.
Prisoner. Q. Did you take my boots away? A. Yes—there were several marks in another garden, not in Mr. Gill's, which corresponded with your boot—several places had been robbed in a similar manner—you were very desperate all the way.
HENRY JOSHUA GILL . This pipe and case are mine—they were in the pocket of a coat of mine, which was in the parlour on that Saturday evening, I believe on a perambulator—I left it there about ten minutes before 9 o'clock—I was at home that evening till about twenty minutes after 9; I then went out for the beer—I did not go in the parlour again that night.
COURT. Q. How long were you out? A. About a quarter of an hour.
Prisoner's Defence. I was not there on the Saturday—I was in Bermondsey from 9 till near 10 o'clock—I took a stroll up to the New Cut—the property found on me I bought honestly on the Sunday morning in Rosemary-lane—the policeman said in his deposition that he heard of the robbery at half-past 10 o'clock in the morning—how could he hear of it then, when the prosecutor never found it out till 11?
COURT to THOMAS NEWEY. Q. What time did you hear of the robbery A. Between 10 and 11, or nearly 11 o'clock.
GUILTY .†— Four Years' Penal Servitude.
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution.
JOHN ELIAS SMITH . I am managing clerk to Mr. Joseph Lilley, a solicitor in Blackman-street, Southwark—the prisoner had been formerly in Mr. Lilley's employ for two years and a half—he left of his own accord to go to his uncle in the country—he was afterwards received back in a temporary way, and continued about twelve months—he was then discharged by Mr. Lilley—he afterwards obtained a situation in Mr. Pritchard's office, the High Bailiff of Southwark—On the morning of 13th May, I proceeded to my office as usual—there are two entrances to it; one in Blackman-street, and the other in Trinity-street—I was standing at the side entrance in Trinity-street at a quarter before 10 o'clock in the morning—while there, I observed the prisoner turning the corner and coming towards our door, I observed he had something in his right hand wrapped in brown paper—on seeing me he withdrew out of sight—in a minute or two afterwards I rang the bell and went into my office—I had taken my seat about a minute when I heard a ring at the bell, and a clerk who was present opened the door; and within a minute the prisoner entered the room and coming within half a yard of me, he produced a knife which had been wrapped in brown paper—he was endeavouring to get the knife out of the paper—the paper came off and he produced the knife; and he held it up towards me with the blade pointed towards my head—he exclaimed, "You have ruined me, you have been my ruin"—and imagining he was about piercing me with the knife, I withdrew to the other end of the table—he flourished his arm about and appeared to me to be very nervous, and, on observing that, I made towards him and seized his arm and the knife fell to the ground—I picked up the knife and placed it in my drawer—I then asked the prisoner what he meant, and if he intended to murder me—he said, "Yes I did;" and I think he added, "I wish I had had strength to have done it"—I sent for a policeman who took him in custody—he said to the policeman that he wished he had murdered me, that he came there to murder me, and he wished he had done it.
Cross-examined by MR. LAWRENCE. Q. He said "You have ruined me"—do you know what he meant? A. No, unless he meant that he thought I had been the means of his leaving his situation—he got another place, but he was out of a situation two or three months I think—my seizing his arm caused the knife to fall—he appeared in an excited state—I was in the same office with him, he was in the habit of sitting in the same room with me—I have had an opportunity of observing him some years—my wish is to have him taken care of and that I should be protected—I think he intended to murder me decidedly—that is my firm belief.
COURT. Q. Had there been any difference between you of any short? A. None, except that I had had occasion to complain of his conduct in the office—I had complained to Mr. Lilley about him—he was very negligent, and I believe that led to his leaving—I have not received any letter from him since that, but prior to that I had received an anonymous letter which I believe was his writing.
JOHN BRIGGS MALTLY . I am an under clerk in the employ of Mr. Joseph Lilley—on the morning of 13th May, I heard a ring at the bell, and on going to the door to answer it I found the prisoner there—he asked to see
Mr. Smith—I did not observe anything particular in his manner at that time—I told him Mr. Smith was up-stairs, he went up and I followed him—I then saw a knife in his hand going near Mr. Smith—he seemed to flourish it about and said, "You have ruined me"—he said that two or three times—I did not hear Mr. Smith speak to the prisoner—the knife dropped to the floor—I saw it on the floor and I then heard Mr. Smith say, "Did you intend to murder me?"—the prisoner replied, "You have ruined me, you have ruined me"—and I believe I heard something of the kind, "I intended to do it."
Cross-examined. Q. He shook very much? A. I believe he did—he shook. and appeared excited.
Jury. Q. In what position had he the knife? A. It was in his hand, and his arm was extended—he was flourishing it about—I did not see what he did in front, I was behind him.
MR. LILLEY. Q. What time have you been in the office with him? A. About a month—I have never seen him excited.
CHARLES WILLIAMS . I am in the employ of Mr. Shoesmith, an ironmonger in Great Dover-road—on 13th May the prisoner came to our shop a little before 10 o'clock in the morning—he asked to be served with a knife suitable for killing a pig—I told him I was afraid we had no knife to suit him for that purpose; it was a peculiar kind of cutlery that we did not keep—I showed him several kinds of knives, which did not suit him—I then brought him out some bread knives, one of which he selected; but he said it was not sharp enough, would I sharpen it up for him—I sharpened it, and he took it in his hand and said, "It will do"—I wrapped it in paper and gave it him—this is the knife—I had made it very sharp indeed—it was sharp enough for any purpose—I did not notice anything peculiar in the prisoner's manner, if I had, I should not have served him with a knife of this kind.
TIMOTHY SPARROW (Police-sergeant, M 13). On 13th May I was called to 41, Trinity-street—I took the prisoner into custody—he said he wished he had had strength enough to have done it, looking at Mr. Smith at the time—on the way to the station he said he wished he had completed the job—while at the station he repeated the same words—in answer to Mr. Smith, when he asked him if he intended to murder him, he said, "Yes."
Cross-examined. Q. When you took him, he was very wild and excited? A. He was excited—he wan not so much so at the station as he was in the office—in the office he was very excited—when he saw me he knocked his hands together, and said he wished he had had strength to have done it—he shook very much—he was leaning against the fire-place—he was very excited when I went into the room—I was not in the room more than two or three minutes.
WILLIAM THOMAS FIELD . I am clerk to a solicitor in Southwark—about ten days before the last Southwark election I called at the Town-hall, at Mr. Pritchard's office—I saw the prisoner there—I asked him how it was he had left Mr. Lilley, as I knew he had been there—he said it was all through Mr. Smith, and he owed him one, and he should have it.
Cross-examined. Q. You have known him for some time? A. Yes—his manner was very wild and excited—I don't think he was right in his mind—he had peculiarities about him—I don't think he was in his proper senses—he had a way of shaking his joints when he walked, and shaking his head about and turning round—at the time he said this to me I think he was not in his right senses.
MR. LILLEY. Q. You have had that opinion some time? A. Yes—I
have expressed it before to Mrs. Field—I have not had communication with his parents since this.
Witnesses for the Defence.
MARIA ACOCKS . I am the prisoner's mother—he was 18 years old last January—he did live in Essex about four years ago—he was apprenticed to his uncle, a linendraper—while there he had an illness, but previous to that he had the typhus fever at home—he was then in Mr. Lilley's employ—in consequence of that fever he was very weak indeed—since that I have observed he has been very eccentric and nervous in his manner, shaking from his joints and his shoulders—he could not walk scarcely, and he complained he could not sleep of a night—I thought he could not be right in his mind—he was very irritable at times—once since last Christmas, I think it might be in April, his sister reproved him for swearing at me, and he took up the poker and threatened to smash her skull; and had I not interfered he would have done it—he seemed very excited—I thought he could not be in his right senses—I did not make any effort to have him taken care of—he has reproached me for bringing him into the world so different to his sisters—he requested me to remove the razors, because he could not trust himself; and he has rushed out of the house at 10 or 11 o'clock at night till his head was cooler—his father's brother died in a lunatic asylum.
Cross-examined by MR. LILLEY. Q. Did he leave your house and go into lodgings shortly before this? A. Yes, on the Monday before this occurrence—he took his razors with him—since he had the fever he has been strange and excited—he had not been in a situation before he went to the solicitor's—he left his uncle in July, and was at Mr. Brook's, in the Borough, a short time—he there took cold and came home, and had a fever for six weeks—he went to Mr. Lilley's in December in the same year—he said to me that he could not help thinking about Mr. Smith, nothing further—he never uttered any threat against Mr. Smith in my hearing—I am quite sure of that—he has consulted Mr. Green, a surgeon, occasionally, for four or five months—he consulted Mr. Massie, another surgeon, at the time he had the rheumatic fever, not since.
CHARLES ACOCKS . I am the prisoner's father—the last witness has given a true account of his statements and his conduct—my opinion is that he is not fit to be at large—at the time when this matter occurred he certainly was not in his right senses.
Cross-examined. Q. Have you made any application to have him taken care of? A. I have asked several persons what they thought about him—I did not go to a medical man—I know that he went to Mr. Green occasionally—I did not always know it.
WILLIAM BRAIN . I am brother-in-law to the prisoner—I have been in the habit of seeing him frequently—he has called at my house, No. 66, Beresford-street, Camberwell—when he has called he would sit down on a chair and rub his head, and say, "My head! my head! all the bumps are coming out"—he said, "All my joints are loose, I feel very bad altogether"—he complained principally about his head—he came in one evening, and said, "I will spend the evening with you if you have got a pair of slippers"—I let him have a pair—the girl came into the room, and she wanted to go out—I said she had got her head screwed on the right way—he said all the others had got their heads screwed on right but him—I certainly did not consider that he was in his right senses—I was not afraid of him, I considered him harmless.
Cross-examined. Q. How long is it since the conversation about the
heads? A. Nearly six months—I have given information to his parents about him—I said it was not safe for him to be about.
NICHOLAS THOMAS BRIANT . I have been acquainted with the prisoner three or four mouths—I have noticed that he was always very eccentric in his ways and manners—he trembled very much, and was shaking like a person in a high state of nervous excitement—my opinion was that he was not fit to be left at large, that he ought to be confined—I did not think him in his right senses—I once had a private conversation with him—I took him into a room—he complained of his head, and said he had not any control over himself, and he felt as if he could do anything.
Cross-examined. Q. At that time, was he in a situation? A. I believe he was out of a situation at that time—I saw him perhaps once a week—I am an engineer at East Greenwich—he said his nerves were in a high state of excitement, he could not bear anything at all—I knew he was suffering from some illness.
JANE WALTERS . I live in Walworth—the prisoner lodged with me—he was lodging there on 13th May—I considered he was not right in his head, by the manner and the way he acted when he came to take my apartment—he appeared to be strange in his way—he shook, and nodded his head, and ordered cold water—I said I should go and see his father and mother—I did not think he was right—I was timid of him.
Cross-examined. Q. How long had you his acquaintance? A. Three days before this occurrence—his sister came and took the apartment, and he came in the evening to approve of it—he was to come on the Monday—I did not see him at all before his sister came—I asked him to leave a deposit, which he did, but not in money.
JOHN ROWLAND GIBSON . I am surgeon of this gaol—my attention was called to the prisoner when he first came here—I made a careful examination of him—he was suffering under great nervous weakness, which is always attended with a corresponding weakness of mind—it is always associated more or less with mental weakness—I observed his walking, and had conversation with him—I consider him a person of unsound mind.
Cross-examined. Q. How long have you observed him? A. From Tuesday week—I saw him every day for perhaps a quarter of an hour, and had conversation with him—I have formed my judgment from what I have seen myself—supposing he was suffering from disease, I should think that would affect the sensual nerves of the brain—I have had some experience with persons of unsound mind.
COURT. Q. You have heard the evidence which has been given; does that correspond with the opinion you have formed? A. Yes, precisely so.
MR. LILLEY called
THOMAS JOSEPH GREEN . I am a surgeon, and reside at Peckham—the prisoner consulted me occasionally for about nine months for debility of body and extreme irritability of the nervous system—his health appeared to me to be in a shaking state, and his nervous system was irritative and imaginative—the history he gave me led me to imagine that he had brought it on himself by his own misconduct—during the time that I had any communication with him I did not perceive any want of reason—I saw him about once in a fortnight—I don't think his intellect was at all affected—he judged correctly from wrong premises—in my judgment he knew right from wrong perfectly—it appeared to me that the nervous system was affected.
Cross-examined by MR. LAWRENCE. Q. Did you not say you should not like to be left in a room with him? A. That was only my own imagination.
NOT GUILTY, on the ground of insanity.
MESSRS. CLERK and POLAND conducted the Prosecution.
JAMES LAMBERT . I am barman at the Elephant and Castle tavern at Newington—on 12th May, between 4 and 5 in the afternoon, the prisoner came for a glass of ale—he gave me a shilling in payment—I put it in the till, gave him the change, and he left—our house has two entrances, one into Newington-causeway, and another into the Walworth-road—a few minutes after he had gone out, he came into the house at the Walworth-road entrance—he had come in before at the other door—he came for a pint of ale, and offered me a shilling—I broke that shilling with my teeth, and told him it was a bad one—I then went to the till and took out the other shilling, and told him it was a bad one, and that he had been there before—he said he had not been in the house before—there was a constable at the bar at the time, and I gave him into custody—I gave the constable the broken shilling, and also the first shilling—I am sure there was no other shilling in the till when I put the first shilling in.
Prisoner. Q. When I came in the first time, did you serve me? A. Yes, and gave you the change—I wiped some glasses while you were there—I don't know how many—I did not leave the bar—I did not go to the door and speak to a man in a brown coat—I had not left the bar from when I took the first shilling to when you came in the second time—there is another person at the bar besides me—I am sure he did not go to the till.
MR. CLERK. Q. Had you put any shilling into the till between the times he came in? A. No.
JAME WILKIN . My husband keeps a pastry-cook's shop at 12, Bedford-row, Walworth—about 4 o'clock on Thursday the prisoner came to my shop—I served him with two-pennyworth of pastry—he gave me a shilling, which I saw was bad—I tried it in the detector, and bent it across—I then told him it was bad, and he said, "Is it!"—I returned it to him, and he paid me with a good half-crown—I gave him the change, and he Went away—I saw him again in a cell at the police-court on the 18th.
THOMAS NEVILLE (Policeman, P 363). I was called into the Elephant and Castle, and took the prisoner in custody—Lambert gave me a counterfeit shilling, and also part of a broken shilling—when I was going in at the door, I saw the prisoner put a part of a shilling into his mouth and swallow it—I opened his mouth afterwards—I watched him narrowly—he must have swallowed it—at the police-station, after I had searched him, he ran from the dock, took the shilling and the broken pieces off the dock and put them into his mouth—I was obliged to seize him by the throat to prevent his swallowing them—they dropped from his mouth—I found on him a shilling, a sixpence, and five-pence in copper, good money.
Prisoner. Q. How far were you from me when you saw me swallow the shilling? A. About two yards—I asked you what you had done with it—I looked on the floor for it—I searched you outside the dock—I was examining part of your coat when you rushed to the dock—I had not got your hat in my hand.
Prisoner's Defence. On that morning I had two half-crowns and a shilling in my pocket—I changed one of the half-crowns early, and afterwards spent some of it in the Strand—I then went to the Camberwell toll-gate, and coming up the road I went into a pastry-cook's and bought a tart, and gave a shilling, which turned out to be a bad one—I also tendered a shilling at
the public-house quite unwittingly—I work hard for my living—I gave my right name and address, and received a good character where I work.
Prisoner to THOMAS NEVILLE. Q. Did I not give the right address? A. Yes; as far as I know you have received a good character from the place.
GUILTY .— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
CHARLES BENTLEY . I am barman at the Olive Branch public-house in the Waterloo-road. On 6th May, between 2 and 3 in the afternoon, the prisoner came in with two other women—the prisoner called for a quartern of gin—that is 4d.—she gave me in payment a bad shilling—I saw it was bad, marked it with my teeth, and placed it on the shelf at the back of the bar—I told her it was bad, and that she had better leave the house—she said she did not know it was bad—I then left the bar—I saw where I marked it with my teeth—when I came back that shilling was gone—I afterwards saw it in the hands of Winsor at the police court—I could recognise it—this is it (produced).
Prisoner. Q. Are you sure there were two other women with me. A. Yes—I did not see you come in together, you were at the bar together—you called for gin.
HENRY THOMAS WINSOR (Policeman, L 124). I was passing the Olive Branch on 6th May, when I received a bad shilling from another barman—he took it from the shelf at the back of the bar—this is it—the prisoner was passing at the time in the charge of another constable—she was taken to the police-court the same day, and was remanded till Wednesday, and it was then that the last witness saw the shilling.
JAMES LAWSON . I am a fishmonger, of No. 60, Lower Marsh, three doors from the Olive Branch. On Friday the prisoner came into my shop between 2 and 3 in the afternoon—she had been there before twice, and each time given me a bad sixpence—I broke them, and returned them to her—on this Friday she asked me for some potatoes, and gave me a shilling in payment—I saw it was bad, and broke it in the detector—I told her it was bad, and she said she had taken it from a pawnbroker—I looked out for a policeman—there were two other women outside trying to get her away—I gave her in custody, and gave the policeman the bad shilling—I marked it first—I am quite sure she is the person.
Prisoner's Defence. I called for a pint of beer—I did not call for spirits—I have been in the workhouse since last September, and came out last Wednesday, so what the witness Lawson says can't be true—I had only been out once, and that was at Christmas—I have been an inmate of St. Margaret's workhouse for seven years—I came out for a holiday two or three times—while I was there I saved a two shilling piece up—my daughter came for me, and I went out for a walk with her—I bought some beer—I went the next day to see my son—ha said he was short of money, and asked me to go to the pawnbroker's—I went, and pawned a coat—I went with my daughter as far as Walworth—I went into the Olive Branch and saw a woman there—she asked me where I had been, and what I was going
to have—this woman followed me and my daughter out—as we were passing Mr. Lawson's shop, my daughter said, "I should like some of those potatoes"—I went in and bought some, and gave a shilling in payment—the man said it was a bad one—a person offered to pay for the potatoes.
COURT to JAMES LAWSON. Q. Did any one offer to pay for them? A. Yes; she said it was her daughter—I can't say when she came before exactly—I had not known her before she came the first and second times.
GUILTY .— Confined Four Months.
JOSEPH PARKER . I am shopman to Mr. Eaton, of York-street, Westminster, a pawnbroker—I produce a watch (produced)—the prisoner brought this to our shop on 31st May, and pawned it—he gave the name of "William Cole"—he got 10s. upon it—I am sure he is the man.
Prisoner. Q. Are you sure I am the man? A. I am.
MARY SMITH . I am the wife of Thomas Smith—I keep lodgings—I know the prisoner—I saw him last a fortnight last Tuesday, on 31st May, at my own house—he came to inquire after lodgings—I took him in, and asked if he would have anything to eat—he said he would, he said he had no money, and he should not have any till the next night—I left him eating some food—when I came back the door was shut, and a watch was gone from the chimney-piece—it was safe when I left him eating—I also missed a pair of boots from the back kitchen, which were safe when I went out—I don't identify the watch—I have seen nothing of the boots since—I went after the prisoner, but could not hear anything of him—my husband found him, and gave him in charge—I saw him that night—the prisoner is the same person.
Prisoner. Q. Did you leave me at my dinner when you went out? A. Yes—you were not there three-quarters of an hour—I was not out more than ten minutes.
Prisoner's Defence. I am quite innocent—I went to this house to my dinner, and went away to my master's, and before I got there I was taken by the policeman—I am a stranger here.
GUILTY .— Confined Four Months.
MR. CLERK conducted the Prosecution.
HENRY OXLEY . I am a tobacconist, of Bridge-road, Lambeth—on 5th May, about 10 o'clock, the prisoner came for one pennyworth of snuff, and gave me a bad shilling, which I put into a little bowl in the till—there was no silver in the bowl, and only some copper in the till; and immediately I gave her the change, I recognized her as a person who had been there two months before for some snuff, and tendered me a bad shilling—I tried it, told her it was bad, took the change and the snuff from her, and asked her to pay for it—she said, "No," and asked me to give her back the shilling—I said. "No; if you bring a policeman here you may have it"—she said
that she would go and fetch a policeman; but two policemen immediately afterwards opened the door, and I gave her in custody with the shilling.
EDWIN WARD (Policeman, L 67). I was at the police station in Tower-street on 5th May when the prisoner was brought there charged with uttering a bad shilling—I asked her where she obtained it—she said, "I suppose I have taken it in change somewhere"—she had a port-monnaie in her hand, containing 9d. and two duplicates—I took her to the station, and the female searcher called my attention to her—they were struggling together, but I did not see her do anything.
Prisoner. When the constables came into the cell, two of them took me by the throat, and nearly strangled me. Witness. Not in my presence—a constable did not tear your mouth with a key in my presence—I did not see your mouth bleed—there were two constables besides me.
Prisoner. The blood is on my stays now.
SARAH LOCKYER . I act as female searcher at the police-station—I asked the prisoner what she had in her pocket—she gave me no answer, and I took from her pocket 3d. in copper—she had her right hand closed—I asked her what she had there, and she put them before her, brought them forward, and said, "Nothing"—I called for assistance, and in her struggling she put it to her mouth—she swallowed a piece of paper, and I heard money fell on the floor—Alfred Wells came to my assistance, and I saw him pick up a shilling from the floor close to the prisoner—I had only just swept the cell out.
ALFRED WELLS (Policeman, L 192). I heard Lockyer call out at the station, and went to her assistance—she said, in the prisoner's presence, that she heard something fall which sounded like money—I moved her clothing, looked on the floor of the cell and found this shilling (produced)—I did not put a key in the prisoner's mouth—I saw no violence and no blood.
Prisoner. There were three policemen; I cannot say which of you it was.
Prisoner's Defence. The shilling found on the floor did not belong to me; the one I passed I did not know was bad.
GUILTY .— Confined Six Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM GOWARD (Policeman, V 110). I produce a copy of the certificate of the prisoner's conviction, (Read: "Surrey Quarter Sessions, Reigate, April, 1858; Josephine Connell, convicted on her own confession of unlawfully uttering counterfeit coin.—Confined Six Months.")—I was present, the prisoner is the person.
Cross-examined by MR. RIBTON. Q. What became of the other prisoner tried with her? A. She had six months also, she was rather older—I did not hear the prisoner say that she was the dupe of the other woman—nothing like it.
CHARLOTTE PINDER . I keep a Berlin-wool shop at 14, Stock well-terrace—on Friday, 13th May, the prisoner came for some cotton which came to 4d.—she gave me half-a-crown, and I gave her 2s. 2d. change—she left and I put the half-crown in the till where there were two other good half-crowns
and some small silver—I had taken them out the previous night and examined them, and they were good—I had taken no half-crown from any one else—about 10 minutes after the prisoner left, I gave my servant Rebecca Cross the three half-crowns to pay a cooper's bill, and she left the shop for that purpose—she returned in about half an hour, gave me this half-crown and I found it was bad—Dixon came in about that time and I gave it to him—I am quite sure the prisoner is the person, she had been often in my shop—I put the 2d. I gave the prisoner into this paper purse (produced) which has my name and address on it—the inspector I think brought it out.
Cross-examined. Q. Do you know who you got the other two half-crowns from? A. No; I had taken them the day previous—I took several pounds' worth of silver but no other half-crowns—no one else served in the shop this day, but on the day I took the half-crowns my sister was in the shop—I will not undertake to say that at the time I put this half-crown into the till there were other half-crowns there.
MR. CLARK. Q. On the Thursday night had you more than two half-crowns in the till when you went to bed? A. Yes; I cannot say how many, but I tried them all that night that looked suspicious and found them all good—I can say that the half-crown my servant brought me was different in appearance from the one I put in in the morning—it looked like lead, it looked soft—I did not try the half-crowns, I only looked at them, and if I had found one looking like that, I should have tried it.
JURY. Q. Did you observe any difference between the half-crowns when you sent them out by your servant? A. No.
REBECCA CROSS . I am servant to Miss Pinder—on Friday afternoon, 13th April, she gave me three half-crowns to pay to my father who is a cooper—I gave them to my brother Edwin who returned one of them as bad, and I gave it back to Miss Pinder.
Cross-examined. Q. When you gave them to your brother did you think they were all good? A. I did not look at them.
EDWARD CROSS . I live with my father, who is a cooper in the Wandsworth-road—I took a water-butt home to Miss pinder's, and my sister gave me three half-crowns, which I put in my pocket and went home—I gave them to my father, who examined them and returned one to me as bad—I took it back again and gave it to my sister—they were not out of my eight while my father examined them.
Cross-examined. Q. Where did you go after you got them? A. Straight home—they were not out of my pocket—I had about 1l. worth of silver, but no other half-crowns, and I put them in a different pocket—my father is not here.
ARTHUR DIXON . I am a chemist and druggist of Stockwell-terrace, five or six doors from Miss Pinder's—on 13th May, about four o'clock, the prisoner came for a dozen seidlitz powders, which came to 1s., tendered me a half-crown, and I gave her 1s. 6d. change—she stopped about five minutes, talking about her husband being afflicted with sciatica, and asking what was good for it—I kept the half-crown in my hand while she was talking; I then examined it and walked round the counter, and she whisked out—I saw that it was bad, looked out, and saw her about two houses off, where I saw that old man in the dock (James Lee) emerge from a street and speak to her—I walked up to her and said, "You have given me a bad half-crown; I must trouble you to return it"—I took her back, and said, "Who is that roan?"—she said, "It is an old friend of mine, the oldest friend I have"—I said,
"It is very strange, then, that he did not return with you, to give you the countenance of his support and protection" (he had walked down the road)—I sent a boy for a constable, telling him also to keep a watch on the old man, but finding he did not understand, I went to the door, saw the old man, and beckoned to him—he came into the shop, and the prisoner said to him, "I will get you to take all the money I have," and passed all the money out of her sundry pockets to him, and he took it—I saw silver and one or two half-crowns, and there were what appeared to be two foreign coins laid on the counter for me to look at—I believe the man took them all—she said to a boy in the shop, "That is foreign coin"—she appeared anxious to conceal the purse—after she left the shop I picked up a paper with Miss Pinder's name on it—a policeman was brought, and the prisoner was taken to the station—after the old man got the money, he said, "I will go and look for a policeman," and went out—he seemed very anxious to get out—when the policeman took the woman from the house, the old man had wandered back to the shop—he had no policeman with him—he walked with us to the station—I gave the half-crown to Hyde which Miss Pinder gave me—I showed her this piece of paper, and then gave it to the inspector.
Cross-examined. Q. The poor old man is afflicted with sciatica, is he not? A. Not this man, but the prisoner's husband, she said—the old man came back to the shop voluntarily—he stood with his back to her at first in the street, and then he got close to her—she put something into his hand, and he put it into his pocket—I will undertake to swear that they were half-crowns, and not florins, because, having had a bad half-crown attempted to be passed, on me, I looked carefully.
MR. CLERK. Q. How long had she been at the corner before you got to her? A. A very few minutes could have elapsed, because I was out directly I saw it was bad, and she was then just approaching him—she did not tell me the name of the old man, but he said at the station that it was Lee—he is not lame; he got down the road pretty quickly.
WILLIAM HYDE (Policeman, V 65). I was sent for to Mr. Dixon's shop and took the prisoner—I told Lee that I must search him—he handed me his porte monnaie, containing one sovereign, 17s. 10d. in silver, 11 3/4 d. in copper, and two silver foreign coins, all good—there were no half-crowns with the silver—I took them both to the station where they gave their address, 9, Harleyford-road, Kennington, which I found to be correct—this is the half-crown (produced)—it was given me by Mr. Dixon.
HENRY PROCTOR (Police-inspector). I was present when the charge was made—the prisoner said, "I gave Miss Pinder a 2s. piece and a half-crown"—Mr. Dixon gave me a half-crown at the station, and while he was making a statement to me the prisoner said, "I gave him the money because I would rather he had it than anybody else"—the old man gave his name at the station as "Lee, 9, Harleyford-road," the same as the woman.
MR. RIBTON to MISS PINDER. Q. Were there any 2s. pieces among the silver in the till? A. No, nothing but shillings.
GUILTY .— Confined Eighteen Months.
646. JOSEPHINE CONNELL was again indicted with JAMES LEE (68) , for unlawfully uttering a counterfeit half-crown to Arthur Dixon, upon which MR. CLERK for the prosecution, offered no evidence, the facts being the same.
NOT GUILTY .
647. JAMES SPENCER, ROBERT YOUNG , and ALICE EVERET, Burglariously breaking and entering the dwelling-house of Henry Johnson, and stealing 35 pairs of boots, value 5l., his property; Second County feloniously receiving the same.
MR. LILLEY conducted the Prosecution.
JAMES HENRY JOHNSON . I live at 29, Burdett-street, Walworth Common, and am a shoemaker. On Friday night, 29th May, I went to bed about half-past 11—I fastened the house myself—I was called by a lamp-lighter about 4 o'clock in the morning, and found the glass broken in the shop window, which would give an opportunity for a hand to be put in to undo the shutters which were lying across the foot-path—I missed all the boots that were in the window, 35 pair—a constable afterwards produced 2 pair, and afterwards these 15 pair (produced).
Cross-examined by MR. DOYLE. Q. Did you only recover 17 pairs out of 34? A. No; there are no traces of the others—they are all my own make.
DAVID LLOYD (Policeman, M 237). On Saturday evening, 31st May, I received some information, watched Spencer, and about 7 o'clock followed him to Mr. Tillman's, a pawnbroker in the Old Kent Road, and found these 2 pair of boots (produced) in his possession—I asked him what he had got—he said, some boots, which his sister gave him to pawn—I had not known him before.
Cross-examined. Q. Are you sure he said his sister and not his wife? A. Yes.
THOMAS LYONS . I am a lighterman of 14, Nursery-row, Lock's-fields. Young brought a bundle to my house about half-past 7 o'clock, saying that he brought it from my daughter who would come and see me in the evening—the prisoner Everet is my daughter—I do not know whether she had been living with Spencer—on the Sunday, about 11 o'clock, Young came to my house again, and told me to put the bundle away that he had brought the night before—I told him to take it with him, I did not want it there—I had before that received information from one of the officers—I afterwards got my landlord, Childe, to take the bundle away—I had not opened it—my daughter came on Saturday night, but she said nothing concerning the bundle, and I said nothing to her.
WILLIAM CHILDS . I work at the London Docks, and am landlord of the house in which Lyon lives—in consequence of something he said to me, on Saturday night, I took the bundle away to 8, Nelson's-place, where Mrs. Frampton lives—this is it.
GEORGE HALL (Policeman, P 164). I took Everet in custody at 14, King's Arms-court—I said, "You must consider yourself in my custody for being concerned with Spencer in a burglary at Walworth, and stealing a large quantity of boots"—Spencer was not there, he was locked up—she said she knew nothing about the affair; that she gave Spencer two pair of boots last night, which she bought in Petticoat-lane a week ago—I took her to the station—on Monday morning I went to 14, Nelson-place, where the father, lives; saw Mrs. Childs, and ultimately went to 8, Nelson-place, where I found this bundle, containing fifteen pairs of boots, which the prosecutor identified—I told Everet I had found them, and she said, "Yes, I knew they were there, Young took them there; Young and Spencer were out pledging the two pair of boots; Young came back home and told me Spencer was taken into custody"—I afterwards took Young, at 12, East-street, Lambeth—Everet had told me he lived there—he said, "I suppose Jem Abbott has told you all about it;" Spencer goes by the name of Abbott—I said,
"No;" the female had—he said, "Very well; I will let them know all about it"—Young said he did not know anything about the boots—I found nothing on the premises in reference to the robbery.
Cross-examined. Q. Where did you get Spencer's address? A. He gave it himself, but I was not present; I took it from our books—I believe I asked Everet whether she lived with James Spencer, and she told me she did—she burst into tears when she was taken into custody—she did not tell me that these boots were too small for her, and that was the reason she sent Spencer to pledge them—she afterwards said Young had brought the boots to her place—when she said Young took them to Nelson-place, that was not all she said; she said, "I knew they were there"—I know that Spencer's name is Abbott—Everet told me that he had lived with her thirteen weeks—her friends live at Peckham; I believe they are respectable—he is a muslin stamper.
MR. DOYLE to DAVID LLOYD. Q. Did you go to the house after Spencer was in custody? A. Yes; I searched, but found no boots—I was there about 11 o'clock—Everet said that she had three pair of boots, and had given them to Spencer to pledge because they were too small for her.
The prisoners' statements before the Magistrate were here read as follows:—"Young says, 'Everet sent me with the boots to take to her father's; she tied them up herself.'—Everet says, "I do not know anything about the boots; I did not tie them up.'"
Young's Defence. She sent me there.
SPENCER and YOUNG— GUILTY of the Burglary. — Confined Eighteen Months.
EVERET— GUILTY. of Receiving. — Confined Eighteen Months.
There were two other indictments against the prisoners for burglary.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Seven Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
FRANK POTTER . I am the son of William Potter, who keeps the Greyhound, Clapham-road—on 21st May, about 2 o'clock, I was disturbed by a noise over the leads, and afterwards by the window opening—I listened some time, and then thought I heard a noise in the passage leading to the house—I got out of bed and awoke my brother—we both went down, and I heard footsteps in a room which was locked outside—I opened it, went in, and found the window open—I went on to the leads, and saw a man getting over the adjoining premises into the road—I raised an alarm, a policeman sprung his rattle, and several persons came and said that they had caught the man.
JOHN MONK (Policeman P 264). I was on duty in the Clapham-road near the Greyhound, heard an alarm, and was going to see what it was, but before I could get to the place the prisoner and another man not in custody dropped from the leads of the butcher's shop adjoining Mr. Potter's premises—the one not in custody ran down the Clapham-road, and Jones came
towards Kennington church, and seeing me, he ran down a road which leads from the Clapham-road into the Brixton-road—I sprang my rattle, and he was taken by Bell before I lost sight of him.
Prisoner. Q. How far were you when you saw me drop from the rail? A. Twenty or thirty yards—there is a lamp right opposite, and I can swear to you—I did not lose sight of you down the turning; I was close behind you—I have not said that it was a minute and a half before I came up the turning.
ROBERT BELL (Police-sergeant, P 39). I was on duty in the Clapham-road in plain clothes, heard cries of "Thieves" and "Police," turned round, looked up the Brixton-road, and saw Jones running as fast as he could from the Clapham-road—I hid myself, because I thought that, nobody pursuing him, he would turn back again—he came up to the gateway where I stood, and, knowing him to be a notorious thief, I called out, "Halloo, Rollicky. what have you been doing?"—he said, "I have not done the job"—I said, "I shall detain you, and see"—Monk came up and said, "That is the man who dropped from the leads"—the prisoner said, "I have not been near the leads"—I know Monk's house—I went into his garden, and on the window-ledge found this jemmy, with marks of paint on it—I went to Mr. Potter's—the window-frame was shut—it had been opened, and there were marks of a jemmy on the door corresponding with it—I searched him at the station, and found a quantity of lucifer matches.
JURY. Q. How long was it before the other constable came up? A. About a minute—I did not see him, because I had the prisoner in front of me—he must have had him in view, because he came round the corner at the same time.
Prisoner. Q. Where is the constable who was with you? A. He is not here—it was I that stopped you—he never hit you with an umbrella, or laid his hand on you—you are known by the name of Rollicky in the Borough.
WILLIAM NORRIS . I am a coach-builder of the Clapham-road, within two doors of Mr. Potter's—on the night in question, between 2 and 3 o'clock, I heard something very distinctly fall, but cannot tell whether on the slab or on the area—I went to sleep again.
Prisoners Defence. One of the constables has taken a false oath in saying that he did not lose sight of me—I am innocent.
He was further charged with having been before convicted.
WALTER HEPDEN (Policeman, P 509). I produce a certificate (Read: "Lambeth Police Court, March, 1868, William Jones, convicted of stealing four handkerchiefs. Confined Six Months.")—The prisoner is the man.
GUILTY**†— Eight Years' Penal Servitude.
Before Mr. Recorder.
MR. DONYLE conducted the Prosecution.
WILLIAM CURTIS . I was lately sergeant of the Metropolitan Police—I produce two marriage certificates—(One of these certified the marriage of John Faulkner to Mary Ann Mills at St. Leonard, Shoreditch, in November, 1837; and the other the marriage of John Faulkner and Mary Ann Blake at Rotherhithe, in January, 1851)—I have compared them with the register.
Cross-examined by MR. METCALFE. Q. Was the prisoner given in custody by the first wife? A. Yes; but not to me.
ANN CORNWALL . I am the widow of John Cornwall, and am the prisoner's sister—I was present at his marriage to Mary Ann Mills at Shoreditch Church in 1837—she is now living, and is in the precincts of the Court—I have seen her to-day—I do not know where she has been living since they separated—there has been great provocation on his part.
Cross-examined. Q. How? A. Because he is a man who is given to going with very bad women—I am speaking of my brother—I have had no quarrel with him—I do not volunteer all this—I was summoned to speak the truth—his wife lived with him till 1843 or 1844—the two children were left with a person who kept the hairdresser's on the bottom floor of the house—I did not see them there—I was not in the habit of visiting her afterwards—I do not know that she lived with a person named Gayter, in Abbey-street, Bethnal-green, directly after she left her husband—she was accused of robbing Gayter, but he never came forward—I do not know whether she had been living with him—I do not know Thomas Tillett.
Q. Do you know William Crow? do you know that she has been out to Berlin with him? A. I know nothing about the wife; and I have not seen my brother for ten years—he acted very villainously with regard to some property of my father's—there is a sisterly feeling on my part, but not a brotherly feeling on his—I heard something about William Crow, and her having been with him, but know nothing of the parties.
MR. DOYLE. Q. How long did his wife live with him? A. Six or seven years; and she went back again on his promise of amendment previous to the last separation?
MR. METCALFE. Q. Were you there? A. No—I am positive she was not living with any man before they separated at first—what she has done since the last separation I cannot say—I am not instructing the attorney for the prosecution, nor have I seen one.
MR. DOYLE. Q. Before their separation, was her conduct good? A. She was a good wife to him, willing to do his bidding at any time—I was very much acquainted with them, living in the same house at the former part of their marriage—she left him for a very delicate reason in 1843 or 1844—he communicated some disease to her, and they were both at that time under medical treatment—the prisoner told me so, and I said that he ought to be ashamed of himself—he said, "I cannot account for it; I must have sat upon something"—I did not say, "What a shame, after you have been forgiven before!"—I said that I would not believe it unless I was convinced of it; and my mother and several people said to him, "Remember, should your wife act wrong, you are the first aggressor."
Cross-examined. Q. Has he behaved kindly to you? A. Yes; I took care of his two children before we were married, his sister took care of them for twelve months, and when she left I married him. I was living with his sister as servant—I had no property, he told me he had been married before—I saw his first wife about six months after our marriage, she came to the house, saw him, and said, "You are married;" he said, "I am;" she said, "You supposed me to be dead, but I still live to torment you;" I did not see her again till last January twelve months, six years and a half afterwards, she did cot come then, but a message came, that she wanted to see her
children; I did not see her till we were at Greenwich police-court; I received a letter from her, the prisoner has it, his is it (produced), it was on 23rd January, last year; three or four days after she had gone away, she wanted to see her children, as she was going abroad—she took no steps against the prisoner till just before I saw her at Greenwich Police-court—I heard of her living with Crow, he was in Court this morning, and I saw him speak to her—I have seen Thomas Gayter, and Thomas Tillett, and Richard Turner.
Cross-examined. Q. When was it? A. On 16th May—I did not instruct an attorney, and have not seen one—I do not know whether the first wife does. MR. METCALFE called
BETSY CLARK I am the prisoner's sister—I remember his marriage—I remember his wife—she left him last May fourteen years, but I do not remember what year it was—I was not present at the wedding, and cannot call to mind what year it was—I saw them a day or two after they were married—they lived together six or seven yean, I cannot say which; I have no memorandums—his children were left destitute in the street—she came to me crying, and asked me to fetch them home, which I did—they had scarcely a thing to cover them—I lived with him one year, the second wife was my servant for eleven months, and she took care of the children when I left, for about twelve months before they were married—she had no money, she was merely a poor girl—the first wife annoyed me many times, but for many years I have not seen her—I knew he when living with Gayter—I have seen him outside but know nothing about him—my brother told me that she was tried at Clerkenwell sessions.
Cross-examined by MR. DOYLE. Q. Was it while you were living with your brother that she annoyed you? A. No; she never came after her children.
GUILTY .—He received a good character.— Confined Three Months.
ADJOURNED TO MONDAY, JULY 4TH, 1859.