CENTRAL CRIMINAL COURT.
WIRE, MAYOR NINTH 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, July 4th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Sir FRANCIS GRAHAM MOON, Ald.; Mr. Ald. SALOMONS; Mr. RECORDER; and Mr. Ald. MECHI.
Before Mr. Recorder and the First Jury.
PLEADED GUILTY .
At the request of Mr. Tindal Atkinson, who conducted the Prosecution, judgement was respited.
MR. COOPER conducted the Prosecution.
HANNAH DESMOND . I am servant to Mr. Ellis, a baker, at 55, Thread-needle-street—the back part of the house looks into Hercules-passage, and there is an entrance to it in the passage—part of the house is let to Mr. Johnson, a watch-maker—on 12th June, Whit-Sunday, I went down at 12 o'clock at night and fastened the street door leading into Hercules-passage—I then went up to bed—Susan Adams slept on the floor below me—I went to sleep for a little while—I was awoke by a noise down stairs like something dropping—I got up and came down one flight of stairs—I stood and listened for a little while—I heard a whispering in the house—I screamed out for the policeman through the window—I observed a man, standing on the leads over the street door, trying to make his escape, from the first floor window—the window was open—two or three policemen came up; after a time they
broke open the door—about a fortnight or three weeks before this I had occasion to go to the door about a quarter to 12 one night, and I heard some one touching the door outside—I opened the door and saw a man walking about the court; he asked me if there was a thoroughfare up the court—I told him he had better go away or I would give him in charge—I think that man was the prisoner Middleton, but I am not sure—after the policeman came in on the night in question I came down stairs—I think it was then about 3 o'clock—I went with the policeman and saw that Mr. Graves' office door on the first floor had been broken open; it is an inner door—Mr. Macketts' door had also been opened—I don't know how the parties got in.
JAMES SHEEREN (City-policeman, 614). I was on duty in Old Broad-street a little before 3 o'clock on Sunday morning—I heard a cry of police—I went to the the house in Hercules-passage—I saw Stanley standing on the window-ledge over the door—he said, "Good morning, policeman"—I made him no reply—two officers came up to my assistance, and, by the permission of the inhabitants, we broke the door open—I then saw Stanley standing on the step—he said, "It is all right, there are thieves up stairs"—he had his shoes on—I picked up a pair of boots off the third stair—I took Stanley into custody with the assistance of another officer—I afterwards examined the house—I saw the door belonging to Mr. Graves broken open—I can't say whether it was broken from the inside or the outside—I saw the window of that room; I think it was open, but I will not be sure—I could not see how the house had been entered.
SUSAN ADAMS . I slept on the floor below Hannah Desmond on this night—I was aroused and got out of bed—I know the door that was broken open—I afterwards went down with the policeman—I examined the door on the Sunday—the window of that room does not look out over the door; that is another window.
ALFRED CARTER (City-police-sergeant, 48). I and Sheeren endeavoured to force open the door, but were not successful—I forced it open myself—I saw Stanley standing on the stairs in the house—soon after Middleton was brought in—I left the two prisoners in charge of some other officers and went up stairs—I went to Mr. Graves' room and there found this crowbar, this dark-lantern, which was alight at the time, this can of oil, and these two crowbar ends—these I found in Mr. Graves' office, directly over the shop of Mr. Johnson, jeweller—since the prisoners' commitment I have examined the door of Mr. Graves' room, and I find that the marks on the door correspond with the end of this crowbar—that door had unquestionably been forced from the outside, but that door is inside the house on the first floor—on searching Stanley I found this stock, which forms another crowbar, and the two ends which I found in Mr. Graves' office fit in this stock so as to make another crowbar—I also found on Stanley this centre-bit, which may be used for putting into the keyhole of an iron safe—here is also another thing, called a gully, another centre-bit, and a stock for a small key-hole; here is another end which fits in this stock, which may be used for cutting down—the gully is used to force a patent lock or make the hole larger—the prosecutor's house is in the parish of St. Benetfink.
FREDERICK TAYLOR (City-policeman, 458). On 11th June I went with the other policemen to Hercules-passage—I saw Middleton about to make his escape from the court directly the door was forced open—he was secreted up the court, about two or three yards from the house—he had no shoes on—he was walking lame—I knew that a pair of boots was found, and I took him back to the house, and he owned to the boots as his—he said he had
hurt himself from the jump; it was a long way to jump—I searched him the station, and found on him this brace, made to screw in three parts; this part also fits the other part found on Stanley, which makes a brace for two persons to work at if required—since the commitment I have found that the hole here is used to fit three centre-bits that were found, to use as an anger—there is a breast-plate to rest the tool against while at work—I found that on Middleton, also three centre-bits to fit in a stock, and nine skeleton-keys.
JOHN GRAVES . I am a stock-dealer—I have an office over the first-floor at No. 4, Hercules-passage—on the Saturday night in question I left at 5 o'clock—I secured the door by drawing it after me, and the bolt fastens it—I left it fast—I went to the office again on the Monday morning—when I arrived the place was somewhat in confusion, the fastening had been forced open and the beading was broken off on the inside—it had apparently been forced from the outside—there are two other offices on the same floor, and there is also a window in the passage—it is just possible they could have got from the window over the door to the door of my office; it is quite adjacent to it.
Cross-examined by MR. SLEIGH. Q. Has each office a door of its own? A. Yes; there are three doors on the first floor, each office is a separate tenancy—I don't imagine they are rated separately—I do not pay any rates—there is a common entrance in Hercules-passage—the outer door is in the care of Mr. Ellis; it is left open till 7 o'clock, and then the people of the house take charge of it.
HANNAH DESMOND (re-examined). I had the care of the street-door—when you are once in the house you can go from one part of it to the other—you cannot get into the chambers—each tenant keeps it locked—I don't know whether I was in the house after Mr. Graves left, for I often go out on an errand on a Saturday evening—I came back about nine o'clock—on coming back I did not look over the house—I did not observe any of the doors open: I did not observe whether they were open or not—I passed Mr. Graves' door when I bolted the street door—if it had been in the state that I saw it in on Monday morning I think I must have seen it—I think I should have noticed the wood broken—it was not much broken outside; it was the beading inside that was broken away, but the lock was all down; I think I should have noticed that.
SUSAN ADAMS (re-examined). I was in the house all this evening—during that time I had occasion to pass Mr. Graves' door—I should think I passed it twice down stairs and twice up, the last time was about half-past nine; the other time was about half-past eight—I did notice the door as I passed it—it was shut both times, but I did not see anything in particular—I have seen the door since the Sunday; if it had been in that condition on the preceding night I think I should have seen it.
COURT. Q. What was the appearance of the door on the Sunday morning? A. It looked as if a piece of wood had been chipped off; that was on the inside; the lock looked as if it had dropped down; that might have been so without my noticing it—I did not turn my candle on it—I was in Mr. Ellis's shop until about eight o'clock—I can't say that I should have heard the forcing open of the door from there—I was present on the Sunday when the policemen tried to shut the door, and they could not fasten it; they could draw it so as to appear as if it was shut—I did not observe it enough the night before to say whether or not it was a-jar.
NOT GUILTY .
PLEADED GUILTY .— Confined Two Years.
PLEADED GUILTY .— Confined Twelve Months.
NEW COURT.—Monday, July 4th, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Sir FRANCIS GRAHAM MOON, Bart. Ald.; Mr. Ald. CUBITT, M.P.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
SARAH BRISTOW . I live at Was worth—on 10th June, between 10 and 11 o'clock in the morning, I was walking in Whitechapel, between Aldgate and George-yard—I was a few doors from George-yard—I had a black silk reticule with me; the string was twisted round my arm, and I held the bag by the neck—it contained a handkerchief, a purse, a half sovereign, four shillings, a sixpence, and a fourpence—I felt my bag pulled from the bottom—I saw the prisoner, Taylor, by the side of me, and as soon as we got to the corner of the turning he got hold of it and ran up George-yard, and pulling the bag, be dragged me down—he stooped and took the bag from me, and I saw the side of his face—he was a pock-marked man—while I lay down, and was getting up, another man came, in his shirt sleeves, and assisted me up—he said he would help me, and he would run after the thief—that was the prisoner Merritt—he said, "I will run after the thief," and he ran off in the same direction as Taylor, but he did not call out "Stop, thief"—I was hurt very much, my arms were cut, my hand was cut, and I was very much bruised—while I was on the ground the tall man dragged me several paces.
Taylor. Q. You say I came to you and pulled the bag, and you recognise me because I am a tall man and pitted with the small-pox. A. Yes—you dragged me several paces—the bag was on my left arm, and you had hold of it, I suppose with your right hand, as the bag was on my left arm—you dragged me by the bag.
COURT. Q. When did you see Taylor again? A. At Worship-street, on Saturday in the next week—I had given a description of the person who stole my bag to the policeman.
MR. LANGFORD. Q. Have you any doubt about Taylor being the man? A. No; none.
EDWARD HAMLIN KIDDLE . I live in Ingram-court—on the morning of 10th June, between 10 and 11 o'clock, I was in Whitechapel, near George-yard—I saw the last witness there, and there was a very tall man dragging her along in George-yard up the archway—I cannot swear to that mans face—he was a very tall man—I did not see him take anything at all—after he had dragged her along, he ran away as fast as he could run, and there was another man about my height who came and picked the lady up—
I believe he was in his shirt sleeves—I don't know who he was—I was before the magistrate—this is my deposition (looking at it)—this is my signature—I do not recognise either of the prisoners—I did not see the face—I said at the time I could not swear to the man—to the best of my belief that is he.
Q. You were examined, and your deposition was read to you; can you, or can you not say whether Taylor was the person? A. To the best of my belief, I said I could not swear to the face.
This witnesses deposition was here ready in which he stated, "I saw a very tall man, whom I believe to be the prisoner Taylor, dragging the prosecutrix along the passage—she was on her face—I should say he dragged her 4 yards—directly he left her another man came and seemed to be taking the lady's part—I have not the slightest doubt about the prisoner being the person who dragged the lady along."
COURT. Q. You said you had not the slightest doubt. A. I have not the slightest doubt about his being the man—I have not the slightest doubt that they are the men.
Taylor. Q. You saw me drag her along a passage. A. I saw a tall man—you ran right up in the same direction from Whitechapel, up the yard.
COURT. Q. Was Taylor the man? A. I believe he was the man.
JOHN BONE (Policeman, H 181). On 10th June, between 10 and 11 o'clock in the morning, I was on duty in Wentworth-street—I saw Taylor running out of George-yard—he had nothing with him—after I saw him I saw Merritt about 2 yards behind him, and he had something in his hand—it was black, and was like a bag—I saw the lady afterwards, and she gave me a description of both of them—I did not take anybody in custody—I saw Merritt at the police station—he asked me why he was charged with stealing—he said, "I am guilty of receiving, but I did not steal it"—he stated at the police court that he was there, and helped the woman up—I did not take the other man.
Cross-examined by MR. RIBTON. Q. What time was it? A. About half-past 10 in the morning of the 10th of June—I was told where this happened—I did not apprehend Merritt—he was not apprehended till the evening—Taylor came out first, and he saw me and turned another way—Merritt had the bag in his hand, it was black—he crossed when he saw me—I did not say anything to Merritt—he said this to me in going from the station to the police-court the next morning—the charge had been read over to him—I don't know how he came to speak to me—that was the only conversation I had with him—I told him he ought to have known better—I believe that was all that I said—I am sure that was all I said—that he ought to know better than to serve an old lady so—Taylor was not in custody then—I did not take any memorandum of what he said—he was remanded, and the magistrate told me to remind him of it—he said he helped the old lady up—I heard him say that—he did not say that he helped her up, and then went after the other man—I won't swear that he did not—I was not present when he was apprehended at night—it was in going from the station to the police-court that he said "I know I am guilty of receiving."
THOMAS HARRIS (Policeman, K 81). I took Taylor in custody on 17th June, in Flower and Dean-street—I told him he was charged with being concerned with Robert Merritt in assaulting and stealing from a lady in Whitechapel on 10th June a bag, a handkerchief, and a half-sovereign, and 4s. 10d. in silver—he said, "I don't know Merritt, I don't know any thing
about the lady; I can prove where I was at the time"—Mrs. Bristow did not give me a description of the persons—I heard of it from Bone, and from the station as well—I saw the prisoners together on Friday, 10th June, in Thrawl-street, between 2 and 3 o'clock—I took Merritt on 10th June—I told him he was charged with being concerned with another man, not in custody, with assaulting and robbing a lady in Whitechapel that morning—he said he did not know anything about it—he was not in Whitechapel.
The statement of Merritt before the Magistrate was here read as follows: "I own I picked up the woman, I had a sack of shavings on my back."
Taylor's Defence. I am disabled in my right arm, I could not drag the lady. I am taken because I am a tall man and pitted with the small pox. Why did not the officer take me when we were together. I never saw Merritt till after he was in custody; I never saw the lady before she was at Worship-street.
MERRITT— GUILTY .
TAYLOR— GUILTY .†— Four Years' Penal Servitude.
Merritt was further charged with having been before convicted.
THOMAS HARDY (Policeman, A 412). I produce a certificate (Read: "Guildhall, Westminster, February, 15th, 1858; Robert Merritt was convicted of larceny. Confined Twelve Months ")—Merritt is the person.
MERRITT—GUILTY.— Four Years Penal Servitude.
MR. METCALFE conducted the Prosecution.
JAMES GEORGE . I am in the employ of Mr. Richard Evans, a silk and fringe manufacturer—about eighteen months back, I received a package from the factory to carry from Fann-street to Garlick-hythe—I received it from Mr. Livermore—I met two men; they persuaded me to put the package on a barrow—they then sent me for some tobacco, and when I came back the package was gone—I never saw it again—the prisoner is not one of those two men.
THOMAS LIVERMORE . I was in the employ of Mr. Evans eighteen months ago—I gave the package to James George in Fann-street—I remember a complaint that the package was stolen from him—it contained 570 yards of silk and worsted blind cord, some blue and white fringe, green and white fringe, and other—it was done up in white and brown paper, and was worth about 19l.—I have seen some produced by the officers—it is part of what was sent—there is still missing 144 yards of amber and white, and some other fringe—I have no doubt in identifying what is produced as my master's property.
Cross-examined by MR. LEWIS. Q. What is your master? A. A fringe and trimming manufacturer—there are other persons in the same trade—I manufacture for my master—I never made any cord like this, for this order—it was made for an Australian order—I have not made any since like this cord for my employer—24 gross was made; 576 yards is 4 gross—I made the whole of this cord—I did' not make the fringe—the maker of it is outside.
MR. METCALFE. Q. Do you know at all of any cord being made exactly like that? A. No; this is the peculiar pattern I was called on to make—I don't know of any being made like it.
employ of Mr. Evans—I made this blue and white fringe, and this green and white fringe—they were not sold—I put them in the package for the boy George—they were in the same package with the cord—I heard that it had been stolen, in about an hour or an hour and a half.
Cross-examined. Q. How much fringe did you make? A. Thirty-six yards of blue and white, and eighteen yards of green and white—I never made any other but that for that same order—it is a pattern of my own introducing—I have never seen it anywhere else, and I introduced the pattern to Mr. Evans—I have always done the work for him—nobody has done the work but me.
THOMAS CROOK . I live in Slater-street, Bethnal-green, and am a loom-maker—some time ago I worked in the same employ with the prisoner—on 16th June he called on me at my house, and he brought one parcel of this cord—he asked me if I could sell it for him—a man called on me who said he thought he could get me a customer for it, and he took it away—the prisoner asked me if I could sell that parcel for him, and five more—I told him I would try, knowing people in the line—he said he wanted 2l. for the six parcels—he told me that a man owed him 5l. and he could not pay him, and he had these for the money—he did not say who the man was—the prisoner had worked in the same employ as I did—he drove a cart at the time.
Cross-examined. Q. He had had that employ the last fourteen years? A. I don't know—he opened the parcel that he brought me—I never was on the prisoner's premises—he told me at once that he had this parcel and five others.
GEORGE LEGGE . I am a policeman—on 24th June I went to the prisoner at Mr. Acocks'—I found him employed there—I asked him to step outside, as I wanted to speak to him—I asked him, "Have you not some silk and worsted cord in your possession?"—he said, "No, I have not"—I said, "Step with me into the White Horse, the corner of Friday-street"—I there told him that Knight and I were two police-officers—Knight and Crook were there at the time—I asked the prisoner if he knew anything of the parcel, pointing to one which Knight held—he said, "Yes, I gave it to Crook to sell"—I asked him if he had any more like that—he said no, he had not—I asked him where he got that from—he said from a man who owed him some money—I asked him the man's name, and he said he did not know—I said, "Where does the man live?"—he said, "I believe he is gone to America"—I then told him I should take him in custody, and we should go and search his place—Knight then spoke to him, and he said, "I have the remainder at home"—he went with me and Knight to his residence in Shoemaker-row, and he took us to a box where Knight took out the rest of this cord in five bundles, and another parcel containing this fringe—I took the prisoner to the station, and at the station he said he had had it from Mrs. Maxall of Glasshouse-yard, Aldersgate-street—I made inquiries of Mrs. Maxall.
Cross-examined. Q. When you first went to Acocks you did not state you were a policeman? A. No—I have known the prisoner many years—I have known him in the service of Acocks about 6 years—I found 5 parcels at his house and I at Crook's—the fringe was in a separate bag in the same chest.
JOSEPH COMBER KNIGHT . I am a police-constable—I went to the public-house with Crook—I was in there when the last witness came in with the the prisoner—he said to the prisoner, "We are both police-constables, you
have no occasion to answer me only what you think proper; do you know anything of that parcel?—(I had this parcel in my hand on the table)—the prisoner said "I know it, I gave it to that young man to sell," pointing to Crook—one of us, I believe it was Legge, asked him if he had any more—he said, no, he had not—Legge said, "That must be a mistake"—he said he was sure he had not—Legge then asked him where he got it from—he said he had it from a man—I asked him if he knew the man's name or could take us to him—he said he did not know his name, and he could not take us to him, because he was gone to America—Legge said, "Well, that has been stolen, we shall take you into custody, and search your house"—and I said to him, "This young man says you had 6 parcels altogether like this, and you wanted him to get 2l. for them"—I said, "Now, if you had 6 parcels, who has got the remainder, the other 5?"—the prisoner then said, "Well, I have, they are at my house"—we went to his house, and in a room on the first floor we found the property produced in a chest—the whole of the cord was in one bag—I took it out, and the prisoner said, "That is all I have got"—I then pulled out a second bag which contained the fringe—I said, "What is this?"—he said, "Only some stuff I had with it, and it turned out to be the fringe"—the prisoner and I then went down into the passage—I told him he must go with us to Bow-lane, and the charge against him would be receiving this property knowing it to be stolen—he said, "Well, I will tell you where I had it from, I had it from Mrs. Maxall, in Glass house-yard, Aldersgate-street"—he said, "I don't know the number, but I can find it, I have had it by me more than twelve months."
Cross-examined. Q. When the prisoner was taken he was not taken into a private room? A. No—he was in the bar, which is separated off—there was only one person there—he was not taken into a private room.
Witnesses for the Defence.
JAMES NEALE . I am a member of the same benefit-society as the prisoner is—Maxall was a member of the same society—Maxall made an application to me for a loan of money, and I introduced him to the prisoner—I did not lend him the money—I should say it is 14 or 15 months ago—the prisoner lent him some money—I did not see the money advanced by the prisoner to Maxall—I know the money was asked for in my presence—it was not given in my presence, but I saw Maxall the next day, and he told me he had received it.
Cross-examined by MR. METCALFE. Q. What is Maxall? A. He travels the country—he is employed to go about, sometimes to Germany and some-times to Wales—he is employed as a horse-dealer at Dixon's Repository, in Barbican—he deals in horses and cows—he picks up horses for Dixon—he is in the habit of going about and buying horses and bringing them by railway—I don't know how it was that he came to be so short of money—he said there was a cart or something he was going to purchase on his own account, and he wanted 5l.—I don't know where Maxall is now—I think I saw him last Friday week—I met him in Aldersgate-street—he did not say he was coming on this case—I did not say I was coming—I think I had not seen him for 3 weeks before that—I did not know that I was coming to say something about this case—I did not hear the prisoner was to be brought up till this day week—I believe it was on Monday that I heard of it—I have only seen Maxall once; that was on the Friday week—I have seen him many times since the money was borrowed—when I met him I had no idea
that the prisoner was in custody—Maxall is not gone to America that I know of.
MARY MAXALL . I have known the prisoner 2 or 3 years—I see this fringe—I delivered it to the prisoner—I always called him Neale—I did not know his name was Hawley till this happened—I gave the parcel up to him, and I saw a piece of the fringe hanging out—at the time my husband borrowed this money I was very ill in bed—when I gave this to the prisoner I said, "Take this, and do the best you can with it"—I had not had any conversation with my husband just at that time—I should say it was a fortnight before—when I gave the prisoner the parcel I told him my husband was out of town—my husband was then at Guildhall—I told him I gave the parcel to him.
Cross-examined. Q. Were you called at Guildhall? A. No, my husband was present—he went from Guildhall to Wales—I am not able to say where he is now—neither he nor I had any idea that the trial was to come on—I was at Guildhall—I did not inquire what day the trial was to come on—I did not know the day—I came here to-day because I was subpoened—I first knew that the prisoner was taken in custody on Friday—the policeman came to me on Friday—my husband does not deal at all with the prisoner, only they are in that club together—the same club with Neale—I don't know of my husband having any dealings with the prisoner for cheese—he never bought cheese or butter of him—I gave the prisoner the parcel—it was a large parcel in a bag—I did not look in the bag—I saw some fringe hanging out—my husband deals in horses—he has been with Mr. Parsons Fowler many years—all his cattle is taken to the private repository for sale, which is Mr. Dixou's—I don't know of my husband having any connexion with fringe makers, not that I am aware of—I gave the prisoner this parcel, and I should say it has been gone from my house between 4 and 5 months, I could not say to a day—it had been in my little shop, which is open to any one, for a year and 3 months—when I first saw it it was in my shop—a man left it in my shop, No. 31, Glasshouse-yard, Aldersgate-street—Mr. Evans' is in Fann-street, which is just across the road—it is 15 months ago since the man left the parcel at my place—his name was, John Ackerman—I did not know where he lived at that time, because he had left his place—he is now dead—a friend called and told me in conversation he was dead—he had borrowed some money of us, and we thought there was no means of getting our money back again—I kept the parcel all that time, and then gave it to the prisoner for a debt my husband owed him—I did not tell the constable I never had any such goods—I said, "Not of that name"—the constable asked me about Hawley—I said I did not know any one of that name—I said I had never had any goods of that description that I was aware of—I never gave the constable occasion to come to me—I did not swear that I never had such goods on the premises—I did not swear it at Guildhall—I said I was ready to go to swear it—I have known Mr. Neale 26 years, since I have been in London—he introduced the prisoner—I thought he was brother to Neale—I never knew but that his name was Neale.
JAMES PHILLIPS . I am a packer, No. 11, Old Fish-street-hill—the prisoner gave me one of these parcels last winter, and told me to sell it—I could not sell it—I returned it to him—I received it 3 or 4 months ago—I think it was 3 or 4 weeks after Christmas.
4 months ago—he showed me one of these parcels, and asked me for some paper to wrap it up in—I think he has been in my master's employ 14 years.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tuesday, July 5th, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. CUBITT, M.P.; Sir ROBERT WALTER CARDEN, Knt. Ald. M.P.; Mr. Ald. PHILLIPS;
Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY . and received an excellent character.— Confined Eighteen Months.
PLEADED GUILTY .*
The officer stated that the prisoner had tried to throw the suspicion upon two other workmen who had been discharged in consequence.— Confined Twelve Months.
660. [In the case of JOHN KESTERTON (40) . charged with stealing 144 pounds of veal, value 4l., the property of Thomas North , the Jury, upon the evidence of John Rowland Gibson , Surgeon of Newgate, found the prisoner insane and unfit to plead . Ordered to be detained during Her Majesty's pleasure. ]
MESSRS. GIFFARD and POLAND conducted the Prosecution.
JOHN NICHOLLS . I am outfitter and military tailor of 42, Jermyn-street, and also of Leadenhall-street—I was in partnership with my son—he managed the Leadenhall-street business, and I that at Jermyn-street—the prisoner was my clerk at the Leadenhall-street establishment only—on 6th May the partnership between me and my son was dissolved, in consequence of which I determined to make an alteration in the mode of conducting the business, and on Saturday, 7th May, I called the prisoner into my private room at Leadenhall-street about 11 o'clock in the morning, and informed him that I was about making alterations in my establishment, and should require no further services from him after the Monday following, in consequence of my son dissolving partnership with me on that day, and that I should bring my clerk from Jermyn-street, Mr. Scott, on the following Monday to take his place, and would give him a month's salary in lieu of a month's warning—he seemed very much confused and made no reply—I said, "Have you any question to ask me?"—he said, "Have you any fault to find with me?"—I said, "None whatever," and, in a very excited manner, he said, "There is nothing that I would not do to serve you"—I told him that Mr. Scott would come on Monday, and I should require him to go over the ledger with Mr. Scott and myself, and to point out the good, bad, and indifferent debts, and also to inform him what letters had been written in respect of the accounts—the prisoner assented to come on
Monday morning, and I left immediately, leaving him there—I always leave after being there half an hour or so—on the Monday morning I went again—I got there about quarter to 10, earlier than my usual hour—the prisoner was there with a boy named Sowerby in the counting-house, and without speaking to him, I went into my private room to attend to a little matter or two—I then walked to the end of the large warehouse, and saw the prisoner leaving the front door—he had not spoken to me, or I to him—I directed Smith the warehouseman to go after him immediately—he followed him out, and returned in five minutes without him—Scott was not there, but he came over a few minutes afterwards—my appointment with him was 10 o'clock—I stopped very likely three quarters of an hour—before I left I knew of the ledger being mutilated, several leaves were torn or cut out, and there were several loose leaves in it—my son came before I left; that was after the prisoner had gone—a communication was made to the police afterwards, but I have never received any explanation from the prisoner with reference to the missing books or the mutilation of the ledger.
Cross-examined by MR. RIBTON. Q. When you said you would give him a month's salary did you recommend him to go to the sea side to brace his nerves? A. I do not remember it; I might have said, "Have a week's holiday"—if he complained to me of sickness I do not recollect it, but I will not say that he did not—I might have said generally, "If you are ill have a little air"—I remember ho did complain to me of being ill—he had been with me two years—I think his salary was 80l.—I am sure it was 10l. the first year more than his last place, and 20l. more the second year, but my son can tell you; I left it to him—I have a very large business in Jermyn-street, where I have been for fifty, years—my son and I were in partnership for four years, and we were in partnership two years before the prisoner came into our service—the character I had with him was very good, but I have heard something since—I should not have taken him without a good character—my son was not present at my interview with the prisoner, but he knew weeks before that I was going to discharge him—the partnership had been actually dissolved that very morning—I and my son had talked of dissolving partnership on the Wednesday evening only previous to having it Gazetted—it was in the Saturday's paper, and I showed it to the prisoner—it appeared in the Gazette on the Friday evening—my son had called on me on Wednesday at my house and related a private matter of his own, in relation to which he wished me to consult my attorney—we went together, and my solicitor recommended a dissolution of the partnership; that was quite at my son's instance—it was a private pecuniary matter of his own which did not concern me or my business—there was a panic at the time on the Stock Exchange, and my son lost money and was a defaulter—he came like an honest young man and stated it to me, wishing me to go to my solicitor, and I acted under his advice—I do not now know that my son has been for some years speculating on the Stock Exchange; I never knew him to do it before—I do not recollect saying to the prisoner, "Mr. Enefer, my son William is no longer my partner; this step is exceedingly painful to me because it not only concerns my son but yourself"—I cannot say that I did not, but I believe I did not—I perfectly recollect saying that he was aware that since I had been in business there was a deficiency in our annual balance-sheet of some 500l. or 600l.—I did not say each year; one year there was a deficiency of 5 or 600l., but the other years it was much less—I said that my son never refused mo an improved statement of the accounts, but that as the books were kept, the accountant could only arrive at the same figures; that
an improved statement could throw no light upon it—I did not say "and my son would not give the accountant the particulars;" nothing of the kind—I said, "I repeatedly urged on my son the necessity of the accountant investigating the books to discover the error"—(this was at the interview on 7th May)—I do not recollect saying "My son objected, saying, he knew the books were correct, and the error must rest with the accountant"—I may have said something like it, but not that the error must rest with the accountant—I could not have said so with the knowledge I had of the accountant; I am sure I did not—I do not adhere to my answer that I might have said something like it—I did not say, "My son has been drawing about three times the amount of his share, and is a defaulter to an enormous amount," or anything with that import—I did say, "My son has overdrawn his account"—I did not say, "To an enormous amount"—I did not use the word "defaulter"—I did not go on to say, "I have been compelled, to save the house, to dissolve partnership;" nothing in the world like it—I did not tell him that as he did not know something of the military business I did not require him—I do not know whether he was paid his salary weekly—he said, "Mr. Nichols, during the time I have been in your employ have I ever given you cause to be dissatisfied with me?"—I did not answer, "Ever since you have been in this house your conduct has been most exemplary; you have been faithful, conscientious, honest, and everything which an employer could wish;" for I felt somewhat differently—I said that no doubt he would get a situation, but I said nothing about his talents—I did not say "I am very sorry to part with you, and had my son acted honestly with me you and he would both have been in the business now"—I never had the slightest reason to asperse my son—I believe I told the prisoner that I intended to discharge Hawkincloss the cutter—I do not think I said Sowerby the porter also—I did not say, "I do not like him; he has been very impertinent to me on several occasions, but you have always very willingly carried out any wish I have expressed"—I believe I did not say that I had determined on this course at Christmas, after the last balance sheet—I mentioned the amount I had expended on my house at Champion-hill, and assigned that as a reason—the conversation must have taken 10 minutes, or a quarter of an hour—it was a mistake when I said 10 minutes—my son and I balanced the accounts once a year—the prisoner and my son gave the items to me—the accountant made out a balance from my son's statement, which was furnished to him by the prisoner—the balance sheet will show the error on the wrong side—I found that out at Christmas, the year before last—there was an error for two years—I found out that my son had overdrawn by his stating it to me in his interview—he told me that since Christmas he had had about 150l. more than he was entitled to—I do not recollect the sum—he had not overdrawn his share, but he had overdrawn what he was allowed to draw—he said nothing about drawing more than he ought up to Christmas: the balance sheet shows that no balance sheet has been made since Christmas, none was made at the time of the dissolution—he had drawn very likely about 350l. altogether, but he was entitled to more than that—there was a sum of money due to him—we balanced, or took stock, at Christmas 1857, and it was on the face of the balance sheet that he had drawn about 100l. more than our partnership deed entitled him to draw—I never heard that he gave directions that the debts, good, bad, and indifferent, should be entered as good; it is impossible—the deficiencies are not made up—I found out the errors by the balance sheet, which proved a deficiency somewhere;
each Christmas, when it was put it into my hands; I, could not tell in what way—I only got it from the balance sheet—I examined none of the books but my private ledger—the others were entirely under the prisoner's control—my son left them to him—my son was master there, and had the control of everything—he had a key to the safe in which the books were kept.
MR. GIFFARD. Q. And had the prisoner a key of the chest in which the books were kept? A. Yes; I never heard that my son has been speculating for years; and am quite sure it is not true; a more honourable, upright, young man never lived—he told me the truth, and everything relating to the matter, excepting the amount of his loss, which he did not mention, and I did not press it—in making up the accounts it was not concealed from me what my son had drawn—having married recently, his expenses were larger—it never occurred to my mind at Christmas to dissolve partnership, and I therefore never told the prisoner so—my only reason for dissolving partner-ship was the advice of my solicitor—my son never refused my examining the books; it is not the fact, and I never told the prisoner such a thing—I can-not tell whether the error is stock, money, or debts; it is some deficiency—these over drawings by my son form no part of that deficiency; they are accounted for by the drafts, and it does not affect the balance sheet at all—I promised to give the prisoner a cheque on the following Monday, but he went away without it—the deficiency has existed each year that the prisoner has been in my employment—if it appeared on the books that debtors had not paid, I should have to find the debtors, and ask them whether they had paid or not—my son remained in the management of the business after these matters were known, and does still, with my entire confidence, but he is now manager and not a partner—what I was about to say with regard to the prisoner's antecedents was, that I heard from Mr. Smith, a warehouse-man in my employ, that he had mutilated books in some former employment; I do not know whose—I have never said that the prisoner was very honest—only the prisoner and myself were present at the conversation.
WILLIAM NICHOLLS . I am now managing my father's business in Leadenhall-street—up to 6th May last we were in partnership—I had been principally managing the firm in Leadenhall-street—the prisoner was employed there as clerk and book-keeper—his salary commenced at 80l. a-year, then it was 90l. a-year, and then 100l.—it was his duty to keep all the books—he had charge of all the books—he did not make entries in the "bought" ledger—I did not keep it; it was kept with the other books—I made the entries in it—in the ordinary course of his duty he ought not to take any of the books off the premises—there was an iron safe for the purpose of keeping the books; it was kept in a private room—the prisoner had a key of it—I had the other key—there were only two keys—it was the prisoner's duty to put the books away—in the day-time all the persons in the establishment would have access to the books; they had no opportunity of getting to them when placed in the safe—there are some books which still remain safe and unmutilated; they have no reference to the money accounts—the day-book and order-books have not been touched—the prisoner kept the ledger entirely, and he kept the cash-book on one side; I mean he entered all the monies received, I entered all the monies paid—there were money-lent books for entering the sums of money advanced to young midshipmen and others coming home, and who sign their name under the amounts—the money lent-books were exclusively dedicated to that part of the business, to monies advanced by us—there was also a petty cash-book to enter small payments and disbursements—the prisoner kept that
book—the last petty cash-book in use was a long, narrow, white book, that had been in use from January last; the book in use before that was a short, thick, red book with a clasp to it—on the receipt side of those books he used to enter all small sums he received in the way of ready money sales; and on the payment side he would enter all little sums of money for petty cash matters, or sums of money which he had charged in the money-lent book—if 5l. had been advanced to a midshipman it would appear as due to the firm in the money-lent book; it would also appear as a credit to him on the payment side of his petty cash-book—no one had access to the two last named books except the prisoner; he kept them entirely—those books were the property of the firm; I am able to speak to that positively; the last petty cash-book was bought by the prisoner, and charged for in his monthly cash, and allowed by us—in the ordinary course of business the money accounts were made up at the end of every month and submitted to me; if I found the entries in the book corresponded with the columns of payments or advances made by the prisoner, I initialled them as correct—if I found in his petty cash-book 5l. advanced to A.B. and also entered in the money lent-book, I initialled it as correct—I sometimes made entries in the money-lent book—in the ordinary course of things no one but the prisoner did so—in the great majority of cases it was the prisoner that made the entries—I occasionally made entries when it was a large sum of money—when I posted the advances from the money-lent books I posted the total amount, to the debtor and creditor cash-book, the monthly total—this is the book in which he entered on one side, and I the other (produced)—the prisoner posted the accounts included in these different books to the ledger—he kept the ledger altogether—there is also a book called the rough red cash-book—that is only for receipts, money received from credit customers—we should treat a cheque as cash and enter it as such—either the prisoner or I generally kept the rough red cash-book—on Saturday, 7th May, I saw the prisoner engaged with some of the books—I saw him using the ledger the last thing that afternoon, about half-past 4—I was standing by the desk a few minutes—he was going over the ledger, carefully turning over the leaves—I saw no mutilation in the ledger at that time—I had not any occasion to look into the ledger that day, any more than observing him using it when I was at the desk—to the best of my knowledge it was not mutilated; I could not swear it—the prisoner made no complaint, nor did he call my attention to its being mutilated; he did not say a word—as far as I know it was not mutilated then—I made an entry in the cash-book that afternoon, about 1 o'clock—I can say that the cash-book was safe at that time—I made an entry of the wages—On 3rd of 4th May I went through the April account with the prisoner—at that time all the cash-books I have mentioned were safe—I left on Saturday, the 7th, about half-past 4, or quarter to 5—the prisoner was then in the office—I left him with the ledger—I went to the office on Monday morning, about half-past 10—at that time the prisoner was not in the office—Mr. Scott the new clerk had come to go over the books—the missing books were searched for; the others were all out when he came—we could not find them—the first book that we missed was the cash-book, and afterwards the other books were missed one after the other, the red cash-book, the three money-lent books for the years 1856-57-58 and the two petty cash-books—I did not examine the state of the ledger—Mr. Scott found that out in the afternoon when he wanted to make an account out; he called my attention to it—that was about 3 o'clock—the state of the debt-book was found out the same day, it was mutilated,
and so was the ledger—I think the state of the ledger was found out before the debt-book—the debt book contained a list of the debts taken out of the ledger every 3 months by the prisoner—from the debt-book in the ordinary course letters or bills are sent to the debtors—about 20 folios were cut out of the debt-book; out of the last list made on 1st January—there are about 70 folios cut out of the ledger (books produced)—this is the ledger—some leaves are left in loose—the folios are missing from different places—in one place they are missing from 361 to 374—about 73 folios are gone altogether—a folio is one side of a leaf—the 73 folios missing begin with folio 2 up to 372—the folios missing from the debt-book are not consecutive, but cut out in the same manner—the names are not entered alphabetically, but with reference to the folio in the ledger; without the missing folios we could not tell what the reference was—since I saw the petty cash-book last in use the leaves have been cut out to the end of April—I cannot say what proportion of the book has gone—the leaf I that remains is the settlement of the last month on one side—there was an account in that book from January up to that date; that has disappeared—I spoke to the prisoner on the Saturday afternoon as I was leaving, I told him to get the cash accounts ready by Monday morning, and we would take them first before we went through the ledger with the new clerk—that would be the cash account from 30th April down to the date of the prisoner's leaving—he has not paid over or accounted to me for 4l. 5s. 3d. received by him after 30th April—he has not accounted to me for any money received after 30th April; that was the account he was to render to me on the Monday morning. I have examined some papers that were found by the witness Richards in the water-dose, those were the "money-lent" books—I saw Richards take them out of the water-closet, I think on the Thursday after the prisoner had left on the Monday—the water-closet was choked, and it was in consequence of that that it was examined—they are portions of the money-lent books of 1856 and 1857 (produced).
Cross-examined. Q. How long have you been speculating on the Stock-exchange? A. I don't know whether I am bound to answer any question of that sort; some few months only; I began last autumn, I think in October or September, 1858—I had bought some shares and different things before that, if you call that speculating; I paid for them—I don't recollect the date when I first bought any shares—I don't know the year; I swear that—I can't recollect whether it was 1856 or 1857, it was one or the other—I said I began in autumn last because you asked me when I began speculating; by speculating I understand "time bargains"—I began the time bargains last autumn, that was the first; I swear that positively—I had bought railway shares before that—I don't know whether I did not have some time bargains before last autumn—I have had some small time bargains—I told you I began these small time bargains in 1856 or 1857—I had very little to do at that time—I did speculate in 1856 and 1857—I did not carry it on since then—I have succeeded in some speculations and lost in others—the general balances have been against me, not to a large amount—I have not got any amounts made up and cannot tell—I don't know the amount at the present time—I cannot tell you the amount of my losses; I have not paid all of them; I don't know the amount of my liabilities upon them—I have not had any account from the party I do business with; that is, this last account—I cannot give you any notion of the amount for; 1856 or 1857—I owe nothing for that time—I don't recollect how much I have paid, or what I have lost—I can't tell you whether it was 20l., 50l.,
100l., or 200l.; it was not 300l., that I swear—I can't, without my papers, swear it was not 200l. in those two years—I believe I was going on in both years, but I am not prepared with dates and amounts; it was only two or three months out of the year—I had some very small transactions at that time—I commenced again in the autumn of 1858—I was speculating in a new thing in the autumn, some of the new foreign loans that came out, the Turkish loan; I certainly lost an amount of money upon that—I lost all I had, nearly 500l.—I paid a portion of it at different times, before the dissolution—I am not in partnership with my father now; I am managing the business for him at a salary—we were five years in partnership—we dissolved on the advice of my solicitor, on account of my having these time bargains—I told my father about it myself; that was the first intimation he had—I have not told him any particulars—I first communicated to him my losses on the Stock Exchange, either at the end of April or beginning of May this year—I did not tell him anything about my losses in 1856 or 1857; I did not tell him what I had lost: I swear that—I told him it was heavy—I don't know the amount I owed on the Stock Exchange at the time of the dissolution—I have not bad an account rendered from the broker I do business with—I told you I had lost about 500l., I mean altogether—I have paid two or three sums—I have paid 300l. or 400l.—I don't know what the amount is I owe now—I can't say; things may be different now—I don't know the amount I owed at the time of the dissolution; it was not 1000l. or near it—the account is not closed now that I am aware of—I have not done anything in speculation since—I expect I have paid about 300l. or 400l., and I lost about 500l., but not having had any account, I cannot tell you what I owe now—I don't recollect the date of the last account I had from my broker—I suppose it was in the beginning of April; the dissolution was in May—I have not got that account here—I am not sure that there was not a balance in ray favour on that account; but you must recollect that this was at a time when some things went down 40 per cent, in a day—brokers send in their accounts twice a month, I believe, if you fetch them—the broker has not applied to me since April—I have not gone since April to see if the account was in my favour—I only know that since that last account things have gone bad, but I have never made inquiries since then, so that I don't exactly know what I have lost—I know I have not lost 1000l.; you can see by the share-list every day what the prices of things are; you are not obliged to go to the broker to know that—I knew I was a defaulter at the time of the dissolution, but did not know the amount, nor do I now—I only know that things have gone down—whether it is 100l. or 200l. I don't know—I left the onus on the broker to pay the difference—I was called on to pay and did not—the broker is carrying it on now—I have not troubled my head about how much he has had to pay—it is his place to apply to me, and he has not done so—I don't know how much stock I had open altogether, perhaps some 3,000l., 4,000l., or 5,000l. worth—it was not 10,000l. worth—I will not swear that it was not beyond 5,000l.—my broker is Mr. Merton, of Bartholomew-lane, he is a broker's clerk—he does it on his own account—I do it through him—brokers' authorized clerks can go on the Stock Exchange—I should say it was not the clerk who was let in for my liabilities—I can't tell you who it was—I don't know their system, or the ins and outs of their business—the broker has not called upon me to pay—I swear that—I have not told him to close my account—I do not know whether the account is open now—according to the present state of the market I am a loser, not a heavy loser—I told my father I was a heavy loser—that was the reason the partner-ship
was dissolved—I told you that my losses at that time were about 500l: more or less—I did not tell my father that—there was not a deficiency on the balance-sheet from the first time of my becoming a partner—the two first years, '54 and '55, the balance was right—it came wrong when we had a change, and different parties in the place—I don't recollect whether that was in '56—there was a small deficiency the first 2 years—there was a deficiency in the '56 or '57—I don't recollect how much without the book—there was 500l. deficiency in the last account, or the account before, I believe—I believe it was in '58—I did not make out the balance-sheet.; an accountant did—he did it from what I or the clerk communicated to him—the clerk gave him most of the amounts—he did not look over the books—the last balance-sheet was made up in December last—Mr. Tyler, of the firm of Goodehap and Tyler, was the accountant—by the clerk, I mean the prisoner—the items were written down for the accountant, and from those he made up the balance-sheet—the accountant wanted to have the books—we did not let him have them—we did not think it necessary—I said I did not think it was usual—I did not think it was necessary for him to keep the books—I did not say that he should never look over them—he has never looked over the cash-books—he has gone through them, not investigated them—I think it was in '57 that he looked over them—he did not look over the books to make up the balance-sheet of '58—I have no recollection of his asking to do it—I said it was not customary to have accountants to do our books for us, I considered we ought to be able to do our own books—I considered I could keep the books—I believe there was a deficiency of 500l. in '57 or'58—the clerk and I tried to find out how it was, several times; we went through the books—that was not the prisoner; he was not there—we have had two or three clerks—one was named Dickens—that was before the prisoner came into the service—there was not a deficiency of 500l. in '58—it was between 200l. end 300l.—the books will show—I think the 500l. deficiency was the year before—I have no doubt, in order to find out that deficiency, I went over the books, but I can't recollect now—I did not go over the books with the accountant—the prisoner went over his portion, and I went over mine—I did not find out the cause of the deficiency—the accountant had figures given to him, and he made the balance from that—I told my father I could not see any good from the accountant's going through the books—I did not know of the deficiency before the accountant had made out the balance-sheet—I had no means of telling—I only furnished him with the amounts of cash, he put the different figures together—the prisoner and I were in the habit of settling every month—he was in the habit of paying out petty sums, and sometimes there was a balance against him at the end of the month—he, added up what he had paid and received, and I paid him the balance—I do not know that he was in the habit of making advances of petty cash from his own money—it was very seldom that there was any balance due to him—I never said to him, "If my father asks you what money has been received this month do not tell him"—I kept a petty cash-book in my private drawer—this is it (produced)—it belongs to the firm, certainly—all the entries relate to the firm—it has some entries copied into it from the other petty cash-book at the prisoner's dictation—all the disbursements of petty cash relating to the firm are not entered from this book into the other, they are entered into the cash-book—it is only the small items, such, as omnibusses and little articles, that are entered here—this was kept in my drawer, locked—it was the only book I had to keep, and I kept it locked up,
because there was no occasion for other parties to have it—I did not say to the prisoner, "If my father asks you how much money has been received do not tell him: if he wants to see the cash-books, say they are in my private drawer, and I am out and have got the keys;" nothing of the kind he and I used to take out the amounts from all the books—I gave him the amount of cash at the banker's and in hand; any drawing by the partners during the year, and any other disbursements not charged in the cash-book, such as rents and taxes—the cash-book was balanced every month—I wrote down my own amounts—I kept the banking account, drew the cheques, and had the sole management of the money—I took the account of the money that I wrote down at the time, and gave it to the accountant—I desired the prisoner at the annual balancing to put down all debts, good, bad, and indifferent, not as good, but as debts—there was no distinction made, so that they would appear on the face of the books to be good—they were not all good—the distinction was not to be made, because some of our customers are out at sea—some debts were actually bad—I desired him to enter them in one sum, to make no distinction, because without the consent of my partner I was not justified in writing off any man's debt as good or bad—my father knew in balancing the accounts what were good and what were bad from my telling him—I told him that a great portion of these were bad; I believed from 2 to 3,000l., but not in one year—I cannot say how much in one year—the object of that was not that I might receive a larger share of the profits;—I should be entitled to a larger share if the thing was wound up or sold off-this is the debt book from which the leaves have been torn out; it is in the prisoner's writing—the debts would be rather more than 5 or 6,000l. in the year, on which amount there would be quite 5 or 600l. bad—there was no object in the prisoner giving more than the total amount of debts here; he gave me the amount on paper—I knew the distinction between good, bad, and indifferent debts; they are all marked in the ledger.
COURT. Q. If there is a distinction made who was it that directed him? A. It was done under my direction, and I took his word for it—the result which he handed to me I supposed to tally with the ledger, having arranged together what debts were bad and which were doubtful.
MR. RIBTON. Q. Are the good, bad, and indifferent debts made out by the prisoner? A. Yes, and he makes that entry in the ledger—I make a computation of which are good, bad, or indifferent, and the prisoner enters it in the ledger—in transferring the accounts from the ledger, those that we thought very doubtful were entered in a separate place—the only thing shown to my father is the balance sheet—in transferring the accounts from the old ledger to the new, we drew out those debts which were doubtful, and I told him to put them at the end of the ledger, and the cash-book will show the amounts which the prisoner had paid over to me, and the moneys which I disbursed or had in my possession; the cash book will show all the money that has been received, but the ledger does not show it—here are the initials of my name against the amounts—when the prisoner paid any money to me I initialled it. I do not think any division of profits has ever been squared up yet. The accountant computed profits and all that; he made the balance sheet up from the figures which I gave him—I have talked these deficiencies over with my father—he might have asked me as a partner to get the accountant to go over the books to find them out; he did not desire me.
MR. GIFFARD. Q. You say that you said to your father, that it was not necessary for the accountant to keep your books for you, what was the
proposition made to the accountant? A. He came once a month to go through the books; he was paid for it, and that was what I objected to—I did not refuse to allow him to look at the books when he was making up the balance sheet; my father never asked to look at the books, he left all to me—on my solemn oath I have never concealed anything from my father in reference to the firm—this cash-book was kept entirely by me—I paid the wages—it was my book and had reference to the business of the firm—it was for my information and guidance—this "C. B." means "Cash book;" being my book it was kept in my private drawer, and the prisoner had nothing to do with it—I employed Mr. Merton, who is a stockbroker's clerk, but generally without paying him money—I bought some Turkish stock, I don't recollect the amount; it was the new loan 6 percent.; it has fallen and risen twenty times since I bought it; it had fallen just before I dissolved partnership in April—I have owed Mr. Merton money once or twice; I cannot recollect the dates; it was all this year—on finding that the prices of this stock made me a loser in April, I told my father what had happened; I also moved out of my house, and went into lodgings, and reduced my expenditure—all my accounts are settled for 1856 and 1857, and I do not owe a farthing in respect of any transaction then—I am enabling myself to pay Mr. Merton what he has been called upon to pay for me by reducing my expences; it would not make a farthing difference to me, whether the debts were treated as good, bad, or indifferent, only in the case 6f winding up the partnership; then we should take the bad debts off—I think 10 per cent, was allowed by the accountant for bad debts; there were no deficiencies until there was a change of servants—the prisoner was one of the persons who then came into the service, and he had the exclusive care of the books from the time he came—the balance sheets were made up from March, 1854, to March, 1856, and there was a deficiency of a few pounds; we then changed to Christmas—I drew the checks; all the checks for the business appear in the books—I have never drawn money which my father did not afterwards know of; he did not require to know it before—I have given him an account of everything I have taken out of the firm—I have stolen nothing—I had nothing to do with secreting and mutilating the books—I have never had any ill-feelings against or quarrel with the prisoner—I have always been on good terms with him.
MR. RIBTON. Q. You have told me that the entries in the cash-book were made from that book from the prisoner's dictation; just look at this book (produced) are there any private entries? A. No; these at the end are memorandums relating to the prisoner, I suppose; I do not know any-thing about them (reading them) they do not appear to have any relation to the firm—here is "Due from Mr. Prince to J. E. 10s."—"Prince & Co," is the name of the firm—here are a lot of names down here, but they have nothing to do with the firm, they are in the prisoner's writing as disbursements—this "M. L. B." means "Money-lent book"; that is, money lent by the firm—the disbursements of the firm, from the beginning to May, are hot gone through yet.
MR. GIFFARD. Q. This page which is pinned here is 146l. 16s. 7d. is that the last balance you settled with him? A. Yes; there are various disbursements apparently in his writing—I cannot tell without going into them whether he has paid them—I do not know that in some instances he has not—there was a person named Sherlock in respect of whom a claim has been made which is paid—Sherlock is not in Court—if the prisoner had made a disbursement to Sherlock, Sherlock's name would
have appeared in this book, and this (produced) is the counterfoil of the money-lent book, and is in the prisoner's handwriting; this is the first book of the kind we have had this year—we have had it from January—I have allowed this claim of the prisoner's; I have not since disallowed it—I have not struck out the allowance out of the book—I have left the entry still, I think Sherlock's father wrote from Cork about this; that is the letter (produced)—(MR. RIBTON objected to the production of this letter, and THE COURT considered that it was inadmissable)—I do not assent to that payment now, though I did when I went through the account—the prisoner's wages are paid—I have never seen these private memorandums before, and do not know whether they were entered before the book was taken away.
MR. RIBTON. Q. If Smith advanced any money from Gravesend or elsewhere to Sherlock, would not the money on his return be entered in the prisoner's writing, and appear as if lent by the prisoner? A. It would appear by Smith; it would not be the sum of money only put down to his account; it would be per Smith—I can't say whether it was ever done otherwise.
JOHN SPITTLE . I am a detective city office—I took the prisoner, on 10th May about half-past 8 o'clock, in Lorrimer-road, Walworth, about one hundred yards from his own house—a constable was with me—I had received information the night previous—I told him we were police officers; that we arrested him on the charge of stealing a cash book, and some leaves out of a ledger, belonging to his employers, Messrs. Price and Co., of 11, Leadenhall-street—he said he knew nothing about it—I told him it would he necessary to search the house—he said, "Very well; but am I to consider myself in custody"—I said, "Yes"—I then took him and went with Allen to search the prisoner's house—when in the front parlour, I asked him where the books were that he had brought from the firm on Saturday night—he said, "Which do you mean? I brought none away; but two were brought away by the lad belonging to the firm, and I think one is up stairs"—we went up stairs to a room on the second floor—the prisoner took us up, and we looked about, and in a minute or two, not being able to find them, he said that they must be down stairs—he called down stairs to his wife, describing a book, and she afterwards brought up one which has been produced, which the prisoner handed to me in the same state as it is now, with these leaves torn out—I said, "Some leaves have been torn out, what have you done with them?"—he said, "I have torn them up, it is only my own petty cash book"—I asked him for the other book, he said that he burnt that on Sunday morning; this being Tuesday morning—we went down into the kitchen where his wife was—I spoke about the other book, and the prisoner asked his wife with respect to it, describing it as a book with a red cover and a clasp—she replied," You burnt that yesterday evening"—he put it as a question to her, "What did I do with that book, or did I not burn that book?"—I saw some flakes of burnt paper on the hearth.
Cross-examined. Q. Had you seen Sowerby before you met the prisoner? A. No, I received the information about the books from the firm—Sowerby had mentioned that he took a parcel home which contained some books—he was a servant of the prosecutor's and is now—I served him with a subpoena last night—the prisoner gave me every facility; he has been out on his own recognizance, it may have been for a whole month.
MR. GIFFARD. Q. When was it he was out on his own recognizance? A. Between the first and second remands I believe—I know he was out on
bail for a month—he was remanded twice or three times—the prisoner said he had sent the books by Sowerby—I do not know that he claimed them.
(Cross-examined). Q. Did you hear him say that the books found were his own? A. No.
PELLATT SMITH . I am a warehouseman in the prosecutor's service—I saw Mr. William Nicholls leave the warehouse on Saturday, 7th May, about 5 or a little after—I did not notice the time particularly—I saw the prisoner there that night; he left as near as I can recollect about 6 o'clock, and I think in company with the boy Sowerby—I did not see him with the books, or going towards the counting-house—I was busy and did not notice what he was doing—I was the last on the premises—I left everything safe, and locked up and took the key with me—I saw none of the books lying about; I should have noticed them if they had been—on the Monday morning I was the first person who came; I had the key—everything appeared quite as it was when I left on Saturday night—the prisoner came at about a quarter past 8, which was about an hour earlier than his usual time—I did not notice how he employed himself but I saw him at his desk some little time after he came—I did not see him go into the private room or come out, but I knew that he had been in because he had some of the books in the counting house—I had some conversation with him, but he said nothing about any of the books being missing, or to anybody in my hearing—Mr. John Nicholls came about 10 o'clock; the prisoner was there then, but 10 minutes or a quarter of an hour afterwards I saw him go away—Mr. Nicholls spoke to me almost immediately afterwards, and in consequence of what he said, I went and looked after the prisoner but could not find him—about 20 minutes or half an hour afterwards Mr. William Nicholls came, And then he came from the little room where the books were kept, and in consequence of what he said I helped him to look for the books—we did not discover how many were gone at first—it occasionally forms part of my duty to receive money for ready money sales, which it was my duty to hand to the prisoner—on 3d May, I sold two chairs to a ready money customer, and a looking-glass at is 4s. 6d., and a mug at 1s.; I received the money, and handed the amount to the prisoner on the following day: he entered it; I did not—I believe he generally crosses it out when the money has been paid by me—this is the book (produced); it is in the prisoner's writing as received by him—here is the entry and the name of the party to whom it was sold—R. M. S. means ready money sale—the entry is in the prisoner's writing.
Cross-examined. Q. What is this book? (Handing one to the witness). A. The order book—it was kept with the other books in the counting-house or else in the safe, locked up at night—all the entries here are in the prisoner's writing, beginning May 2d down to May 7th—this is not taken from another book—I gave him these items—I imagine this stroke to intimate that he has received the money—I saw the prisoner at a quarter past 8 on the Monday when he came, and again about 11 o'clock in Bishopsgate-street—old Mr. Nicholls sent me into Leadenhall-market after him, and he sent to me saying that he wished to see me—I met him at the corner of Bishopsgate-street—I was not with him at the Lamb Tavern—I did not see Mr. Hadley with him—I said nothing about Mr. Nicholl's having treated him very badly, turning him away without notice, merely
giving him a month's salary—I cannot say whether anything was said about young Mr. Nicholls being a defaulter—a desultory conversation took place in the street between me and Mr. Wilmot, and Pope and Enefer, but I did not hear what the words were—Mr. Pope is Mr. Nicholl's attorney, and I believe Wilmot was sent by him—I did not hear anything said about a defaulter—I did not at any time-see the prisoner send away these two books from the place—I know Sowerby—I saw him on Saturday night—I did not see the prisoner give anything to him; I don't know that he did, or that Sowerby took anything away—I have heard from the prisoner that he did—Sowerby is not still in Mr. Nicholls' employment; he left about a week after the prisoner—I know that the prisoner had a book in his desk; this white book is it—there was a red book in use previous to this white one—he kept them locked in his own desk—I know that he made private memorandums in this book—I heard the prisoner say at the interview on the Monday, when Mr. Pope was present, that he had sent the two books to his own house by Sowerby—he also said that they were his own books—he has lent me money—that was a private matter—he used to enter it in one end of the white book—I can't recollect when he last lent me any money—sometimes he used to lend me some, and sometimes I used to lend him some—I have no doubt this is correct—if I was not there and anything came in he used to pay for it and charge it—here is "Dinner, 1s. 10d.," and "Cash, 1s. 8d."—that is correct—at the time he left I was indebted to him—I have paid him since—I believe the entry is in this book—it has nothing to do with the firm—a man named Brooks lives in the warehouse—I have a key of the warehouse, and so has Mr. Nicholls—I imagine he could get in at any time—when the prisoner came on the Monday morning he did not say that he had come to take away his private letters and papers; he said he thought of going a trip into the country—I knew he was going to leave—I believe he said something about Mr. Nicholls treating him rather sharply, after being there two years to send him away with only a month's notice—he did not say that he had come there earlier to get his privates papers; he did not mention private papers—I don't know whether he had private papers in his desk or not—he had a key to a drawer of the desk at which he sat—I saw him go away—I was so busy with my own work that I did not notice what he was doing or what he had with him—he said something about having a parting glass with him—he stated to Mr. Pope and the others that he had two books at home, and they were his own, and he denied all knowledge of the others—that was in Bishopsgate-street—an observation was made that somebody else might be interested in removing the books—no name was mentioned—I did not hear Mr. Pope say that he was perfectly satisfied with the prisoner's answers, and he should at once advise Mr. Nicholls not to adopt the course he had threatened—I did not hear anything of the sort—I am there still—I endeavour to do my duty—I was in the habit of going down to meet ships, and occasionally lending money to midshipmen for Mr. Nicholls—when I came back I gave the names to the prisoner, and he entered them in the money-lent book—sometimes it would appear as if the money was actually advanced by him—when I advanced it he invariably put my name against it—I have not known any mistakes made about that; I cannot recollect any; there might have been—I know Mr. Church—he advanced money as I did for some time—I believe there was a mistake of 10s. made in the money-lent book—it appeared in prisoner's name.
MR. GIFFARD. Q. What was this mistake, and when did it take place? A. I believe it was with a gentleman named Carnell—Mr. Church said he had
given him the 10s. and Mr. Carnell said he had not received it, and I believe in consequence of that his father took his custom from our house—it has never yet been ascertained who was right or wrong—it has nothing what-ever to do with this matter—the prisoner and I have lent each other money almost ever since he came there—this "24—2—59" in the book means 24 Feb.—that is the prisoner's writing—that is what I call the private memorandum—it is at the end of the book—I am not aware that there were any private memorandums at the beginning of the book, where the leaves are torn out—those I knew of are there still—I did not say that Mr. Pope was Mr. Nicholl's solicitor; he was engaged by Mr. Nicholls at that time in collecting some accounts—he never was Mr. Nicholl's solicitor in this prosecution.
GEORGE LEWIN . I am in the prosecutor's employment—on Monday morning, 9th May, I went to Leadenhall-street—I got there about 20 minutes before 9, when I got there the prisoner was there—I first saw him in the counting-house near the desk—I can't say what he was doing—I think he was looking over the books there—I afterwards saw him go into the private room, where the safe was kept, and saw him taking out some books—I can't say what books they were, or what description of books—he took them into the counting-house, and put them into his desk—after that I noticed him leave the premises; that was a little before 10—as he was going out I asked him if Mr. Nicholls came, what time he should be back—(Mr. William Nicholls had not arrived at that time)—he said he thought of going down into the country that morning, and returning about the Wednesday following—it is part of my duty to receive cash for ready money sales to chance customers, and to hand the money to the prisoner—this (produced) is my rough sale book, in which I enter the sales—I find in the order book an entry of 7s. 6d. as a sale made by me—I handed that over to the prisoner on the same day—here is also an entry of 7s. 6d. on 3rd May, of a similar sale made by me—I handed that over to the prisoner—I handed the sums to him separately—on 4th May there is an entry of the sale of goods by me to the amount of 9s. 9d.—I handed that over—on 7th May here is 18s. and 9s.—I handed both those over to the prisoner, and on 8th May here is 13s. 6d. and 1s. 8d.—the receipt of the money is acknowledged by the prisoner; he crosses it off in my book.
Cross-examined. Q. The entry there is in his own hand-writing. A. Yes, in this book—this is my book, it belongs to the firm, but I use it as a memorandum book; the prisoner acknowledges the receipt by this stroke down—that is in my book—I know nothing about his book—this stroke shows that he received it—I saw the prisoner leave; he did not say he was going to buy a pair of braces, he said he was going to the country—I did not see him pack up some letters; I saw him clearing out his drawer.
MR. POLAND. Q. When the prisoner marked off these sums in your book did he say anything? A. He said that would be sufficient—I asked him if he would put his initials to it; he said no, this would be sure to prove that he had received the money—he always did so.
CHARLES RICHARDS . I am a smith—I went to Messrs. Nicholl's premises in May last; I examined the water closet, and found a large quantity of papers—they seemed as if they had been recently put there—it was very closely packed together, as though cut out of books—some of it was quite unsoiled, it seemed to have been cut up—in consequence of directions I received I washed a great quantity of it and laid it out to dry at the prosecutor's place—I reached all the paper out of the closet as far as I could—
there might be a good deal that I could not reach—I did not see any—I believe there was more there than I could reach.
Cross-examined. Q. Do you know what has become of what you did fish up? A. No, I do not—I will not swear that there was no more remaining in the closet—they may have been cut with a knife—they were not in large pieces—what I took up was in square pieces—this (produced) is like a sample; I could not swear to it—I took out enough to fill a large basket.
Cross-examined. Q. Can you say Whether they formed a portion of any other books? A. No other books—I have examined all that Richards took out of the closet—Richards gave them to me—I went through every one at the time he roked them out, on the Thursday—the money-lent book, out of which they were torn, is not here; it is one of the missing books.
MR. GIFFARD. Q. Was it you who suggested that the plumber should be sent for? A. No; Mr. Humphreys—no one sleeps in the warehouse; it is locked up—the house that has been spoken of has no communication with the warehouse except through the door—I think Sowerby was under notice to leave at the same time as the prisoner—my father spoke to him.
COURT. Q. The money-lent books for 1856-57-58 were missing how many books would that be? A. Either two or three.
JOSEPH ASTON . I am a locksmith in the employment of Deane and Co., the ironmongers—I was sent for to 11, Leadenhall-street, to examine an iron safe—I examined the lock; it had not been picked or tampered with in any way—it could only have been opened with the regular key.
—SCOTT. I was the clerk in Jermyn-street—on 9th May I went to the premises in Leadenhall-street for the purpose of being installed as the new clerk—I got there at 10 o'clock, before young Mr. Nicholls—I was not engaged in looking for the books at any time—my attention was first called to the fact of the books being absent, when Mr. Nicholls, sen., came; he was there before me—it was about ten minutes after I got there that my attention was called to the books Seeing missing—we made a search for them, and were not able to find them—we were not looking for any particular book in the first instance; we were looking for the whole of the books used in the business—I was going to act as clerk in that particular business, and wanted to see the whole of the books—at that time the prisoner had gone away—we discovered the mutilations very shortly after, on going over the ledger.
MR. GIFFARD to JOHN SPITTLE. Q. You mentioned that you had subpoenaed Sowerby; have you seen him here all the day? A. Yes.
Cross-examined. Q. You subpoenaed him for the prosecution? A. Certainly—the prisoner did not give me a packet of papers and letters—I saw a packet in the kitchen, and his wife said those were what he brought home—they were not love letters, some relating to the business of the firm.
JURY. Q. Were there any leaves of books? A. No.
MR. RIBTON submitted that there was no case to go to the jury, either of larceny or embezzlement; as to larceny, he contended that the money was never in the masters possession; and as to embezzlement, there was no secrecy, the receipt was acknowledged, and the time for accounting had not arrived.
MR. GIFFARD contended that there was abundant evidence of larceny, in as much much as the money was in the possession of the master as soon as it was received by the servant, who afterwards handed it over to the prisoner; but the substantial part of the case was, no doubt, that which referred to the books.
The RECORDER was of opinion that there was a case for the jury
The prisoner received a good character.
GUILTY .— Four Years' Penal Servitude.
NEW COURT.—Tuesday, July 5th, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Sir ROBERT WALTER CARDEN, Knt. Ald., M.P.; Mr. Ald. CUBITT M.P.,; and ROBER MALCOLM KERH, ESQ
before Robert Malcolm Kerr, Esq., and the Sixth Jury.
PLEADED GUILTY .— Ten Years Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. COOKE and BEST conducted the Prosecution.
JANE WILTSHIRE . I am the wife of George Wiltshire, who keeps the Bell Tavern, Newgate Market—on Saturday, June 4, the prisoner came about nine in the evening—I knew him before as a journeyman baker—he asked for a glass of ale, for which we charge 2d., and put a 2s. piece on the counter—I gave him change, 1s. 6d. and a 4d. piece—he called my attention to the ale being warm—I did not examine the 2s. piece till I was going to put it in the till—I suspected it before, and was going to try it, when he drank the ale in a very great hurry, and went away—he could not see me going to try it; I think he must have seen the movement of my hand—I examined it after he had left—it was bad—I kept it separate in a piece of paper in my pocket—I marked it, and gave it to the officer on 14th June.
Prisoner. Q. Where did you put the 2s. piece. A. On the place where I wash my glasses, down below the till; not in the till—you quite trembled while you drank the ale—I followed you immediately, but you were gone—you could not have stood at the door five minutes—I never saw you outside the door at all—as soon as you quitted I followed you, but you were, not to be seen.
FRDERICK FLINT . I am a stationer in Farringdon-street—o" the evening of 14th June the prisoner came to my shop—he asked for a penny pencil and a penny memorandum-book—I placed them on the counter; and he took out of his pocket two shillings—I detected by the shade of the light that one was bad; and that bad one he gave me—I saw that he fumbled them about in order to give me the bad one—I told him it was bad, and asked him where he got it—he said, "In a public house in Bloomsbury"—I asked him where he lived, and he said in Queen-street—I sent for an officer, and gave him into custody—I gave the officer the bad shilling.
him, and found on him one good shilling and one penny piece—he gave his address in Queen-street, Drury-lane—I received this 2s. piece from Mrs. Wiltshire, and this shilling from Mr. Flint.
Prisoner's Defence. I took the shilling in a public-house—I gave it to this gentleman and he said it was bad—as for the 2s. piece I can't say where I got it.
GUILTY .— Confined Twelve Month.
MESSRS. COOKE and BEST conducted the Prosecution.
WILLIAM LEWIS . I am groom to Mr. Cox, 14, Queen-square Mews—the prisoner first came to me there, about three weeks before 9th June, he bought some hay-bands of me for which he was to give me 5d.—he gave me a shilling, and I gave him 7d. out—I put the shilling in my pocket—I had no other shilling there—in the course of that day I went to a public-house and got something to drink—I tendered that shilling in payment and found it was bad—I kept it by itself at home till I gave it to the constable on 9th June—I kept it separate from all other money—on 9th June, the prisoner came again to the mews between 9 and 10 in the morning; he bought some more hay-bands—he was to give me 4 1/2 d. for them—he tendered me in payment a shilling—I took it up and tried it and found it was bad—I sent for a constable—when the constable came, I told him he had given me a bad shilling when he came before—he said he had not been there for five weeks and he had never bought any bands of me before—he said, before the constable came, that he had got a sixpence if I had got a penny—I gave the two shillings to the constable.
Cross-examined by MR. SLEIGH. Q. When the constable came did the prisoner then say that he had coppers in his pocket? A. No; he never said anything about coppers—I am in the habit of selling hay-bands—I always sell what we have—we have not a large quantity—I had not sold any other hay-bands on the day three weeks before the 9th of June—when I sell the hay-bands I don't give the money to Mr. Cox, it is my own perquisite—I have a guinea a week from Mr. Cox—I think the first time the prisoner came to me was about the middle of the week—I had not seen him before—I had not sold any hay-bands between that day and the day I gave the prisoner in custody—I did not say a word about his being the person who bought hay-bands three weeks before, and gave me a bad shilling, till he gave me this bad shilling again—I thought he would deny it—I waited to see if he would give me another bad one before I gave him in custody.
MR. COOKE. Q. Are you satisfied that the prisoner is the same person you saw on both occasions? A. Yes.
WILLIAM GEARING (Policeman, B 86). I was sent for to Queen-square Mews on 9th June—I saw the last witness; he said he should give the prisoner in custody for passing a bad shilling that morning, and that he had passed one three weeks previously—the prisoner said, "I did not give you the shilling; I have not been here these five weeks, and I never passed any bad money in my life"—I was about to search him, and he took out of his pocket two crowns, seven half-crowns, a florin, a shilling, a sixpence, and a 4d. piece, 1l. 11s. 4d. in all—I found in another pocket 1s. 4 1/2 d. in copper money—these are the two shillings which the groom gave me.
NOT GUILTY .
MESSRS. COOKE and BEST conducted the Prosecution.
ELIZABETH SEARLE . I am the wife of Joseph Searle, who keeps the George public-house in Crown-street, Soho. On Saturday, 11th June, the prisoner came into the house about 4 o'clock in the afternoon—she asked for a pennyworth of gin—I served her—she paid me with a shilling—I gave her 11d. change, and put the shilling in the till with other money—the prisoner left the house—she returned in about half an hour and asked for a pennyworth of gin, and paid me with another shilling, and I gave her 11d.—I put that second shilling in the same till as the other—after the prisoner had left the house the second time I cleared the till and found I had in it two bad shillings—I placed them apart from the good money—the prisoner came in again in about half an hour afterwards, and asked for a pennyworth of gin—she drank it, and paid me again with a shilling—I gave her 11d. and put that third shilling in the till—I had then five single shillings in the till; they were what I had kept, after having given change for a sovereign to a customer—I am positive they were good—I had no other shilling in the till except those five good ones—after the prisoner was gone the third time my husband opened the till and called my attention to a shilling—I examined it and found it to be bad—I bent it in the detector and put it by itself—the prisoner came in a fourth time, about 6 o'clock, for a pennyworth of gin—I drew the gin but did not give it her—I asked her for her money—she tendered me a shilling—I took it in my hand and looked at it, and told her it was bad; and I said, "I waited to see if you would come again; this is the fourth bad shilling you have given me to-day"—I said to my husband, "This is the old woman that gave me the bad money to-day, and she has brought another"—the prisoner said she did not know it was bad, and asked me to give it her back—I said, "No."—my husband asked her where she-lived, and she said, "Where I stand"—I sent for a constable and gave him the four bad shillings—I had previously marked the last two.
Cross-examined by MR. H. BROWN. Q. Is your public-house in a very populous neighbourhood? A. Yes—on Saturday night it is greatly frequented by the working classes—I frequently sell small quantities of gin—there were many persons there that evening—there was no one serving but myself—I had served the same quantity to many other persons—when I took the first bad shilling I had 17s. or 18s. in the till—I had taken all that money since I had cleared the till before—I did not examine the first shilling the prisoner gave me—when I removed the coin altogether I examined it correctly) and found two bad shillings—that was after the uttering of the first two by the prisoner—I had examined the five shillings which I say were good—the prisoner drank the gin the first three times—the third time I had taken the shilling and given her change before I examined it—I can positively swear that she is the person who gave me the three shillings—I had not seen her before that day—during that evening there was no person of the same description as her came in—I cannot possibly be mistaken about the four times—my husband was examined—he is not here.
HENRY RICKETTS (Policeman C, 127). I took the prisoner, and received from the last witness these four counterfeit shillings—the prisoner said it was the first time she had been there that day—I asked her her address, and she made no reply—I have not been able to ascertain where she lives—she said she did not know the money was bad.
GUILTY .— Confined Six Month.
MESSRS. BEST and LE BRETON conducted the Prosecution.
MATTHEW SAICH . I am landlord of the Railway-hotel at Ealing—the prisoner came to my house about half-past 10 o'clock on 3d June—he asked for half-a-pint of beer—I served him; the price of it was a penny—he gave me in payment a half-crown—I examined it, and found it to be bad—I asked him what he got his living by, and in the meantime sent for a constable—the prisoner said he got his living by selling slippers—the constable came; I gave him the half-crown, and gave the prisoner in custody—he was sober when he first came in—he appeared to be drunk afterwards—he had no slippers with him.
HENRY JOHN (Policeman, T 223). On Friday night, 35 June, about half-past 10 o'clock, I was sent to the house of Mr. Saich, the Railway-hotel, Ealing—I there found the prisoner—Mr. Saich gave him in my custody with this half-crown—I asked the prisoner if he had not any more change in his pocket to pay for this half-pint of beer, and he took out three or four penny pieces and put them on the bar—I searched him, and found on him 1s. 6 1/2 d. in copper, four sixpences, and two shillings, all good—I inquired where he lived, and he said in South-street, Hammersmith—I told him I did not believe it, but I would make inquiry, and I went there and found it was not correct—he then gave the address, 23, York-street, Westminster, and that was not correct—he was perfectly sober.
Prisoner. Q. Did I not tell you that I did live in South-street, Hammer-smith before I went down to Norwich? A. You told me you did live there, and after that you told me it was no use my going there to make inquiries, as you had only just come up from Norwich.
Prisoners Defence. The small money did not belong to me—the half-crown I had earned, I did not know it was bad.
GUILTY .— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
JOHN PHILPOTT . I am a solicitor, and live at 20, Montague-street, Russell-square—on the evening of 17th June my servant brought me this letter which contained this document—I did not look at it immediately—I told my servant I had not time to attend to it; to tell the person to call again—I afterwards examined the document and made some inquiry—on the following day my clerk spoke to me about the prisoner, and said he had called for an answer, and he was to call again—in the meantime I sent the documents to Mr. Ainger, and they were returned—I afterwards communicated with the Mendicity Society, and begged they would send an officer—the prisoner was directed to call on the 20th—I don't know Mr. Ainger personally, nor his writing—I think I know a person of the description of Mrs. Clarke—I know Lyme Regis—this letter contains the names of some persons—I know several of the persons personally whose names are here mentioned—the prisoner was taken into custody on the 20th.
EMILY ANN DELLER . I am servant to Mr. Philpott—on Friday evening, 17th June, the prisoner came to my master's house—he gave me a letter, and asked me to give it to Mr. Philpott—I did so—I saw him open it, and in consequence of what he said I returned to the prisoner who was waiting in the hall—I told him to call again for his answer the next morning.
Prisoner. Q. On what day do you say the person called at your house? A. On Friday, 17th June, about half-past 6 o'clock—I am not aware that my master received any more letters in the course of that day—I will swear I gave him the letter that you gave me.
CHARLES BROWN . I live at 13, Hayes'-mews, Berkeley-square—I am clerk to Mr. Philpott—I was at his house on 17th June—I saw the prisoner give a letter to the last witness—I heard her tell him he was to call again in the morning—I saw him leave—I saw him again on Saturday evening, the 18th, at the office door in Montague-street—he said he had come about a letter he had left—I asked him to call on Monday, the 20th, about half-past 10—he then left.
JAMES FRYER . I am a constable of the Mendicity Society—on 20th June I was sent for to Mr. Philpott's in Montague-street—I saw a man named Sullivan coming from towards the front of the Museum—he went towards Mr. Philpott's place—I heard the bell ring of the office door—the door was opened—I went in, and Sullivan came in after me—he wished to know whether Mr. Philpott was a subscriber to the German Hospital—I went out and saw the prisoner leaning against the railings, about five yards from where I had seen Sullivan—I took him to Mr. Philpott's—I told him I took him for attempting to obtain money by false pretences—he said he had not been to Mr. Philpott's—I had known Sullivan before for about eight years, and have known the prisoner six years—I had seen them together many times.
Prisoner. Q. What time did you go to Mr. Philpott's? A. About half-past 10—I did not see Sullivan with you—you was about five yards from where I first saw him.
REVEREND THOMAS AINGER . I am perpetual curate of Hampstead, and live at the parsonage house—I did not draw up this memorial—this is not my signature—I never heard anything of such a case as this mentioned—I know two of the gentlemen intimately whose names are signed to this memorial—Mr. Pryor and Mr. Fletcher—these are certainly not genuine signatures—Mr. Pryor has been my churchwarden three years, but he is so no longer—I have seen this letter—it is not my writing, nor was it written by my authority or knowledge—I dont know Mr. Philpott.
The document was as follows:—"It has been proposed by a few friends to enter into a subscription on behalf of Mrs. Clarke, a poor widow with five children, the eldest of whom, a fine boy fourteen years of age, is afflicted with loss of sight, in order to gain the boy's admission into the Asylum for Indigent Blind at Bristol; he being disqualified from becoming an inmate of the London schools in consequence of being able to discern the smallest degree of light, the sum of 39l. is required to maintain him there for five years, at the rate of 3s. a week; and to find necessary clothing, embossed copies of the Scriptures, &c, according to the rules of that institution; when he will be taught some useful trade, and thereby be released from spending a life of gloomy despair, I have been solicited to draw up this statement, and take on myself the responsibility of so doing, knowing the case to be deserving of sympathy; the object being to raise the said turn for so laudable a purpose. Rev. Thomas Ainger, High Street, Hampstead," followed
by a number of names and different amounts subscribed. The letter was as follows:—"Hampstead Parsonage, June 17, 1859. The Rev. Thomas Ainger presents his compliments to J. Philpott, Esq. and, at the earnest entreaty of Mrs. Clarke, begs to submit the enclosed document for his charitable consideration. Mrs. Clarke is a native of Lyme Regis, Dorset; daughter of the late James Baker, and related to John Baker, boot and shoemaker of Coombe-street, and maternally related to John Harding, a butcher, of Bridge-street, in that town; having a knowledge of J. Philpott's, Esq. family for many years, Mrs. Clarke is induced to hope he will add his signature to the memorial, to enable her to procure the boy's admission on to-morrow, that being the day of admission. The Rev. Thomas Ainger has taken more than usual interest in this case, having known the family during their residence in this parish, and hopes the motives which prompt him in thus addressing J. Philpott, Esq. will plead some apology. P.S. Mrs. Clarke begs to mention the names of a few individuals in Lyme, known to her family"—followed by a number of names.
GUILTY .**— Confined Two Days on the Two First Counts, and Two Years on the last Count.
GUILTY .— Confined Twelve Months.
OLD COURT.—Wednesday, July 6th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WIGHTMAN; Mr. Ald. SIDNEY; Sir FRANCIS GRAHAM MOON, Bart, Ald; Mr. Ald. PHILLIPS; Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Justice Wightman and the Third Jury.
For the case of William Abraham Moore, tried this day for murder, see Surry cases.
MR. CAARTERN conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
NEW COURT.—Wednesday, July 6th, 1859.
PRESENT—Sir ROBERT WALTER CARDEN, Knt. Ald., M.P.; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq., and the Sixth Jury.
MR. FRANCIS conducted the Prosecution.
CHARLES TWYNAM . I am a civil engineer—I reside at Woolwich; my place of business is in Fenchurch-street—I had no personal acquaintance with the defendant before October last—I had no transactions with him personally—through another party, of the name of Fisse, I have had many transactions with him, which I understood to be for Mr. Castrique—Fisse has brought me Castrique's cheques in exchange for my cheques—this
cheque was brought to me on 6th October, by Bertrand Fisse—the signature is in the name of Castrique—(read) "12th of October, 1858. Messrs. Olding and Co., pay 741, or bearer, 110l., L. Castrique. Crossed—Sapte and Co. Refer to drawer. Indorsed, B. Fisse"—When this cheque was brought I did not observe the date—I gave this other cheque for it on my banker—(read) "London, October 6, 1858. Messrs. Sapte and Co., pay 277, or bearer, 108l. Charles Twynam"—Mr. Rogers was present when this transaction took place between me and Fisse—I paid this cheque of Castrique's into my banker's on 12th October; it was returned unpaid—I paid it in a second time, and it was returned a second time—I brought an action against Castrique—I was present before the magistrate when the record of that action was produced by Mr. Rae, clerk to Mr. Phelp, the defendant's attorney—I believe it was given back to Mr. Rae.
JACOB CLEMENTS . I am clerk to Mr. Hodson—I served a notice to produce this record, on the defendant, Louis Castrique—I left it at the office of Mr. Phelp—he was the attorney in the action, Twynam against Castrique—Mr. Rae, his clerk, appeared in court—I was there, but was not present when the record was produced, because the witnesses were ordered out of court—I don't think I saw the record after the committal.
ALFRED WATSON . I was Mr. Twynam's attorney in the action of Twynam against Castrique—I saw the record produced by Mr. Rae; and after the committal it was handed back to him by the Clerk of the Court.
CHARLES TWYNAM (continued). I was present at the trial of that action—Mr. Castrique was called as a witness on his own behalf—I heard him sworn; and he was examined as a witness on the 19th of February—the cheque for 110l. was shown to him, and he swore it was a post dated cheque—he was cross-examined by Mr. Hawkins, my counsel—he stated that he had received 70l. from Mr. Fisse on the 6th October, in the morning, and that he gave his cheque in the afternoon—this account (looking at it) was shown to him—he said it was his own writing, "Bertrand Fisse in account with Louis Castrique"; and amongst the credits here is "6th October, cash 70l."—this cheque for 108l. was shown to him, and he stated that the 70l. formed no part of the proceeds of this cheque—he said he received the 70l. from Fisse in the morning, and that he gave his cheque for 110l. in the afternoon—he said that the 70l. which he had received from Fisse he had paid into his bankers the same day, with other money, making 100l. or 105l.—I believe it was 100l.—I don't know where Fisse is now—I have made efforts to find him—I have not been able to find him either at his own house or on the trial.
Cross-examined by MR. METCALFE. Q. Did you give notice of trial? A. Yes, and it was countermanded on 11th November—it was not tried till 19th February—I don't know when the first notice of trial was given—I received this account from Fisse—it must have been some time at the latter end of October or the beginning of November—I did not receive any letter from Fisse when he gave me this account—I believe I received this account before the trial was countermanded—I will not swear that I received it before 19th November—I have never observed that 19th November is the day on which this is dated (looking at it)—yes; it is dated 19th November—I never noticed the date before—I don't recollect what time of the day I gave the cheque for 108l.—I don't know that Mr. Castrique's attention was called to the cheque for 110l. before 19th February—I don't think it was—my attention was called to the time I gave my cheque at the trial—I took a commission when I gave this cheque—Fisse gave me 2l.—I gave a cheque for
108l. and received a cheque for 110l.—he requested I would hold it a few days—I took the 2l. for holding the cheque a few days—I was dealing with Castrique, and there was a risk—I have my book here—here is no account in my ledger with me and Castrique; here is with me and Fisse—Fisse was merely an intermediate party—I went on with Fisse after that cheque was dishonoured—I always treated Fisse as an agent—here are a considerable number of cheques down—I treated Fisse as an agent in all these—he was as agent for other people—he generally wanted the money—he came to me with other persons cheques—I continued to deal with Fisse up to some time in November—here is his endorsement on this cheque—I always took his endorsement on all cheques he brought to me, that I might know from whom I received them—I applied to Fisse when Castrique's cheque was dishonoured—I asked, him how it was this cheque was dishonoured—if he had given me the money it would have satisfied me—he was not in difficulties at that time—I did not find out that he was in difficulties for a month or 6 weeks afterwards—he was an agent—he kept his own banking account with Bond and Son, Lombard-street—I think some time about the middle or end of November I did business with him; after the action was countermanded—I wrote him a cheque as late as 14th December—I lost some money by him when he absconded—it was before he absconded that he gave me this account—I received a great deal more than 100l. from him in other cheques after this cheque was dishonoured—I made an affidavit, stating all these facts—I instructed my attorney to make an affidavit, and move for a new trial—I did not hear the motion made—my attorney told me so.
Q. Having failed at the trial, and failed to get a new trial, you summoned him? A. Yes—that was not by the advice of my attorney; I considered my own responsibility—Mr. Watson was never employed by me before this affair—Mr. Fisse took the cheque to Mr. Watson first, after consulting with me about it—my transactions with Fisse were large, extending over eighteen months or two years—I was not in possession of all the facts which I now am, before I made my affidavit for a new trial—I had not inquired at both the bankers—I had inquired at my own bankers—yes; I had inquired at both the bankers—I was in possession of the facts that I now am.
MR. FRANCIS. Q. Were you in possession of all these facts at the trial of the action? A. No—before the trial I had not inquired about the numbers of the notes which were paid—there was a risk about the cheque; there was this risk of taking unawares a post dated cheque—I was dealing with Castrique; and I understood he had been a bankrupt, and had been insolvent, and was a very ticklish character to deal with—Fisse took the cheque to Mr. Watson—this is the letter I sent with it—(Read: "Dear Sir, Will you kindly apply to Castrique for payment of the 110l. cheque; and in the event of its not being paid, take steps to enforce payment.")—at the time that Fisse brought this cheque to me he said that Castrique owed him money.
ALFRED MORRIS . I am cashier at Sapte and Co's.—in October last Mr. Twynam had an account with us—this cheque was paid on 6th October—I cannot positively say at what part of the day, but from my book it appears it was towards the close of the day—I have only three entries after it—I paid for it ten 10l. bank of England notes, Nos. 95573-4-5-6-7-8-9, 80, 81, and 82. and the 8l. in cash.
FEDERICK MUNDAY . I am clerk to Messrs. Olding, the bankers in Clement's-Lane—in October last Louis Castrique had an account at our bank—on 6th October an amount was paid in that day; here is an entry made
by me at the time—the amount was 100l.—it was paid in note—I handed it to our cash-book keeper.
Cross-examined. Q. Can you recollect at all the time of day you received it? A. No—it is impossible to tell the exact time, but looking at the book I should say it was between 2 and 4 o'clock—Castrique had banked at the house as long as I have been there, which is eleven years—I have heard he was a bankrupt, and after that he continued to bank with us—I am not able to say whether he paid the bank in full—I am not able to say whether any of Castrique's cheques were paid that day without referring to the ledger.
MR. FRANCIS. Q. Do you see the words on this cheque, "Refer to drawer": are you able to say what that means? A. Yes, we put that When a cheque is not paid.
ISAAC WARD . I am cashier to Olding and Co.—on 6th October I occupied the position of cash-book keeper—I remember an amount of 100l. being banded over to me by Munday as having been paid in by Louis Castrique—I have an entry of it—it does not state in what it was paid—after I had received it I gave it to the waste-book keeper—I paid the same money that I received from Munday to the waste book keeper, whatever it was, whether coins or notes.
Cross-examined. Q. Do you know whether he paid the bank in full after his bankruptcy? A. I believe so.
FREDERICK SHARPE . I am the son of one of the partners of the firm of Olding and Co.—on 6th October I was acting as waste-book keeper—the sum of 100l. is entered in my book as having been paid in by Louis Castrique in eight 10l. notes, No. 55772, dated 8th June, and Nos. 955734-5-6-7-8 and 9, all dated on 9th August, a cheque for 19l. and 1l. in money.
Cross-examined. Q. Can you tell me the letters on the notes? A. No—we always enter the dates—I don't know the amount of Mr. Castrique's account at the bank during the last year—it is a considerable account—I should not call some hundreds a considerable account; I should some thousands—after his bankruptcy he paid the bank what he considered was owing by him—I don't know how long he has banked there—I believe he bears a good character as a man of business—I know that the bank discounts for him continually.
Cross-examined. Q. Do you take the letters at all? A. No—I believe the numbers of the notes begin again, but I understand that no new notes are issued till the old ones come in—I don't know whether there would be another note of the same number of another year—I never knew two notes of the same number and date being in circulation at the same time if they were of the same amount—I don't know what was the date of the cheque for 19l.—we don't take the date of the cheques—it was a cheque of Baum's for 19l.; we merely took the name—I suppose we got the 19l. for the cheque.
CHARLES ROGERS . I live at Southampton—on, 6th October, I was at Mr. Twynam's place of business in Fenchurch-street—I remember this cheque for 110l. being brought to that place on 6th October, by Mr. Fisse—this cheque for 108l. was given for the other cheque—I should say it was about 3 o'clock, rather after than before—I was present at the trial of the action—I heard Mr. Castrique examined as a witness—I heard him sworn—he said he had received 70l. from Mr. Fisse on the morning of 6th October, and previous to his having given Mr. Fisse the cheque for 110l.—I believe this cheque of Mr. Twynam's was shown to him on the trial—I have no
recollection that anything particular was said about the cheque—he said that he had received 70l. from Mr. Fisse in the morning previous to having given the cheque, and he paid that 70l. into the bankers with other money making the sum of about 100l., and that 70l. was no part of the proceeds of Mr. Twynam's cheque.
Cross-examined. Q. Did he say he had received 70l. from Mr. Fisse in the morning, and given the cheque in the afternoon; or did he say that he received the 70l. previous to giving the cheque? A. My impression was that he had received the 70l. from Mr. Fisse previous to his having given the cheque—he stated that he had received the money from Mr. Fisse previous to his having given the cheque—I give my impression of what he said, but do not profess to give his words—I will not pledge my oath to any precise words that he uttered—I cannot swear to every word that was uttered—there may have been other words uttered which did not alter the sense—I did not take any note of the evidence—there was a Counsel engaged—I don't know Mr. Hawkins—I live at Southampton—on 6th October, I was at Mr. Twynam's place of business—my name was then on the door—it has been erased since—the 24th of June was the time when I had nothing more to do with the house at all—the rent was paid up to that time from the profits of the business, and now, having nothing whatever to do with it, my name is off and I am living at Southampton—I have no recollection whether Mr. Castrique when he gave his evidence had his cheque-book in his hand, and whether he looked at the counterpart, and said, "I see four cheques were drawn that day, and as this stands here I must have given it in the afternoon"—I don't know whether he said there were two other cheques drawn the same day in favour of Mr. Fisse.
JACOB CLEMENTS . I was present at the trial of the action—I heard Mr. Castrique sworn as a witness—he said he had received 70l. from Mr. Fisse before he gave the cheque for the 110l.—he used the word "before"—he said he had paid the 70l. with another sum of 30l. into hit bankers—I think he said he had received it in the morning: I cannot be certain—he said that the 70l. he received from Mr. Fisse formed no part of Mr. Twynam's cheque for 108l.—I can't remember what time of the day he said he had given the cheque for 110l.
Cross-examined. Q. You are quite certain of all those words he used? A. yes, because the point turned on when he received the money—Mr. Twynam was called, and the Judge said that as the plaintiff could not prove that the defendant had received any money, there was no case.
COURT. Q. Did the Judge say there was no case? A. What I understood was that there was no evidence to prove that Mr. Castrique had ever had the money.
MR. METCALFE. Q. Was Mr. Twynam called, and did he say he gave the cheque to Fisse? A. Yes—the Judge said there was no evidence to prove that Mr. Castrique had received any of the proceeds of the cheque—I can't say that he did not say when Mr. Twynam produced the account, "That puts you out of court"—I will not swear that Baron Bramwell did not say there was no evidence of Fisse's agency—he might say so—I can't say whether Mr. Watson took any notes—there was a count added to the declaration after the countermand—I think it was countermanded because we found out that the cheque was post dated.
Q. Have you not sworn before that it was because Mr. Fisse had absconded? A. I said at Guildhall that it was because Mr. Fisse had absconded, but I have thought over it since, and have arrived at a different
conclusion—I think the account was sent in after the countermand—I have been with Mr. Watson about two years—he has been employed by Mr. Fisse—my impression is that he went away in November—I know that he had absconded and fresh notice of trial was given—I have not my call book with me—Mr. Watson is not professionally a bill discounter; he may do it for a friend.
MR. FRANCIS. Q. You were at the court when Mr. Twynam produced his book? A. Yes—he was examined as to a conversation he had with Mr. Castrique—I think that was before he produced his books—he said he had a conversation with Mr. Castrique, and Mr. Castrique told him that Fisse ought to pay the cheque—I think that was the very word used—I can't remember the exact words the Judge used.
ALFRD WATSON . I was the attorney in the action—I was present at the trial—the last time I saw Fisse was in the month of December—I after wards made endeavours to find him—he has left England, I believe—I remember Mr. Twynam being examined, as to a conversation he had with Mr. Castrique—Mr. Twynam said he saw Mr. Castrique and he had conversation with him about the cheque, and he said, "You can get it from Fisse"—in cross-examination he said he would not swear that Mr. Castrique did not say, "You must get it from Fisse"—I saw Fisse in December in consequence of a letter sent by him to Mr. Twynam's, dated 24th December.
Cross-examined. Q. When was the countermand? A. I think on 11th November; I am not certain—I had seen Mr. Fisse between 11th November and 1st December—I was in the habit of seeing him—I took his evidence after the notice of the countermand—Mr. Twynam went with me to the bank directly after the trial—we went before we had the banker's clerks to trial—I was acting as Mr. Fisse's attorney for a long time—I was aware he was in difficulties two years before—I was not aware that he was in difficulties at the time; certainly not—I had discounted for him, and several times lent him money—when he came to me with cheques I gave him the money—he repaid me a large sum of money that he owed me—he repaid me by occasional deduction—I have, when I received cheques from him, charged him a commission or interest—I can't say to what amount—I never acted for Mr. Twynam before this transaction—Mr. Fisse came to me with a letter.
The prisoner received a very good character.
NOT GUILTY .
JOHN STILLWELL . I am a sawyer, and reside at Pimlico—last Saturday night week I was in the Market Arms at a little after 10 o'clock—on my way home I saw a female—she addressed me and I told her to go—the prisoner then came up, and made use of obscene language—I told her to go away, and she tripped me up with her foot and shoved me—at the same time she threw me down, and as I was falling she made a snatch at my watch-chain—she did not get it—as I got up the prisoner ran away—the policeman came up, and I gave him a description of the prisoner.
Prisoner. You came up to me with a constable, and said you gave me in charge for shoving you down; I said, "I have never seen you." I went to the station and there you stated about a watch-guard; I said, "Have you got a watch?"; and you said, "I have taken my watch home."
Witness. After I got up the policeman came up, and I said I would go
home and change my things and leave my watch at home, which I did—when I came back I missed that policeman, and saw another, not the one I had seen before—I told him, and he said, "You had better come up along with me and we will see if we can see the party"—and when we got twenty or thirty yards from where I was knocked down, he said there was somebody coming, and with that the prisoner and another female came up together—he said to me, "Do you know either of these persons?"—I said, "Yes, that is the party," pointing to the prisoner—the prisoner directly said, "You good for nothing blackguard, I never saw you before with my eyes, nor did I ever try to push you down or take anything from you"—I had not said that she tried to push me down—the policeman said, "That I will do, say no more, but come along with me"—and we went to the station—I had only been home—when I was first knocked down it was within a few yards of the gun factory—the policeman must have heard me fall.
STEPHEN HARDY (Policeman, B 118). On Saturday night week I received information from the prosecutor—he was then close by his own door—I walked with him about 100 or 150 yards, and he described the assault—it was then a few minutes after 12 o'clock—I saw the prisoner—I told her she was charged with assaulting him—she said she had never seen him before—she was quite drunk—the prosecutor was sober—he had no watch then; he had left it at home.
Prisoners Defence. He said I knocked him down, and I said I had never seen him; I never had seen him till he came to me with the constable: it is very hard for me; I was not taken till half-past 12 o'clock.
THIRD COURT.—Wednesday, July 6th, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. PHILIPPS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
the prisoner received a good character.
GUILTY on the First and Third Counts. — Confined Twelve Months.
GEORGE HART . I am a butcher, of Long-alley, Shoreditch—on 13th June, between 11 and 12, I was in Barbican, and saw the prisoner and 2 others following the prosecutor—the prisoner took the prosecutor's handkerchief from his right pocket behind, gave it to one of the others, and they all went up a court—I told an officer immediately, who went after them—I went to the prosecutor—the officer caught the prisoner—I am sure he is the boy.
GUILTY .—He was further charged with having been before convicted.
JOSEPH WILLIAM FAWKE (City policeman, 112). I produce a certificate (Read: "Guildhall Sessions, December, 1858; Samuel Derbyshire, convicted with George and Charles Jones, of stealing a handkerchief from the person of a man unknown. Confined Six Months.) I was present—the prisoner is the boy.
GUILTY.†**— Four Years' Penal Servitude.
POLAND conducted the Prosecution.
ALEXANDER BENNETT (City policeman, 248). On Saturday night, 4th June, I was in Robin Hood-court, which leads from New-street into Shoe-lane, about 100 yards from Holborn-hill—I saw the prisoners there about a quarter past 12 o'clock—I had known them by sight these 3 years, and have been in the habit of seeing them repeatedly—they were swearing and making use of most abusive language, and I said, "You had better move on; I cannot allow that swearing here at this time of the morning"—Dennis struck me a violent blow on the left ear, and David struck me on the back of the head at the same time, from the effects of which I fell to the ground, and my head came in contact with the kerb—I was rendered insensible, and recollect nothing further—the prisoners were dressed as they are now—David has a very hoarse voice—I was taken to the hospital the same night insensible, and remained there till 18th June—I am not able to attend to my duty yet.
Cross-examined by Mr. BARRY. Q. Was David drunk? A. No; they were both quite sober, and were swearing at each other—I did not see or hear a woman there—there were no people about; they had all gone; the prisoners were the only two there—I had been about the neighbourhood all the evening—I did not touch him before he struck me—Walthrop was with me—if you wish to know, I have seen Dennis at a police-court, accused of assaulting a civilian in Hatton-garden—he was not convicted; the prosecutor never appeared—that was on 18th December, 1858—I helped to take him in custody—I wished a woman good night as she passed me—I had been in no house since I left the station-house—I said nothing to the prisoners but "Move on"—it was dark, but there were plenty of lamps—I stated the prisoners' names at once as soon as I recovered, but did not describe them—I knew where they lived—they were taken on the Sunday morning—my brother officers also knew where they lived very well—when I was first asked about them, Dennis was in custody—David was taken on Tuesday, but I was not there.
Mr. POLAND. Q. What are they? A. Costermongers; they live at 3, Union-court—they are known to my brother officers—Union-court is on the right hand side going up Holborn, and Robin Hood-court is on the left.
ELLEN WIDMORE . I am the wife of Charles Widmore, of 12, Robin Hood-court, Long-lane—on 4th June the policeman passed me in the court, and I saw two men and women by the milk-shop, using bad language—I had never seen them before, but one had a white jacket, something similar to that (Dennis's)—the other one spoke coarsely—the policeman told them to move on—I saw the policeman struck to the ground by a blow from one of them, I cannot say which, and when he was on the ground they kicked him—I said, "Do you intend to do for the man; do you intend to murder him right Out"—they ran away, and said that I knew them.
Cross-examined. Q. Were you very near to them? A. As near as I am
now—I do not swear to either of them—I do not think they were taller men—I had never seen them before—I did not see their faces; their backs were towards me.
GEORGE MANNING (City policeman, 278). I received information on Sunday morning, in consequence of which I took Bryant in custody—I took Dennis at the bottom of Holborn-hill, Victoria-street—I told him I charged him on suspicion of being one of two men who assaulted a constable the night previous—he said, "What time was it?"—I said, "A little past 12"—he said, "I was in bed at 9, and have not been out since till now"—I took him to the hospital, to the ward where Bennett was lying, and asked him if he knew this man—he said, "That is one of the men who assaulted me, he is the man who struck the first blow"—he said that he knew nothing of it, and I took him to the station—on the following Tuesday, 7th June, I took the other prisoner in Union-court, Holborn-hill, where they both live—I told him he was charged on suspicion of assaulting the constable Bennett, with his brother, on the Saturday night previous—he said, "I was on Holborn-hill about 10 minutes past 12, but saw nothing of the assault"—I took him to the station, and from there to the hospital, and asked Bennett if he knew him—he said, "Yes; that is one of the men who assaulted me"—the prisoner said that he did not know him, but Bennett said that he knew him well—I have known the prisoners for a long time—David has rather a peculiar hoarse voice; he speaks through his nose.
Cross-examined. Q. Why did you say to Dennis, "I charge you on suspicion?" A. Because I was no witness to the assault, and there are other Dennis Bryants besides him—Bennett did not tell me where Dennis Bryant lived—I acted on information entirely, and his description answered that given to me—I had seen a description of David also—I did not go to his house—I knew I should have him soon, and it is dangerous for one man, to go to a costermonger's; we sometimes get pelted out with brickbats—I was instructed to take him when I met him, and I got the assistance of another constable and took him—I do not know another David Bryant, but there are a number of Bryants in the court—I charged him on suspicion—I had seen Bennett; he knew Him by the name of Riggan—I have known the prisoners for 18 months or 2 years—they have been repeatedly under my observation—I have seen David at the police-court—he was not acquitted; he got a month—it was for assaulting the police—I did not go to the house with a staff of police—if I had done so, and had not found him, it would have put them on the alert, and he would not have been seen again for 2 or 3 months.
MR. POLAND. Q. When you did go, bad you reason to believe you should find him? A. Yes; I saw him peeping round the door-post, and got another constable and apprehended him—the assault for which he had a month was six weeks or two months previous.
BENJAMIN JOHNSON (City policeman, 276). I have known Dennis eight months—I saw him in Union-court on Saturday night, June 4, about 10 minutes past 12 o'clock, with his other brother, not David, under a gas-lamp—I got to the top of the road, heard a rattle spring, and met Shepherd with a rattle, who gave me information—there was time for Dennis to have got from where I spoke to him to where I heard the rattle springing; it was on the other side of the road—I then went into the court, and saw four men carrying Bennett, who was insensible—I afterwards went to the hospital and Bennett said "Dennis Bryant and Regan has done this"—when Manning relieved me at 6 next morning, I told him who the men were who
had committed the assault—when I saw Dennis and his other brother in Union-court they were coming in a direction towards Holborn-hill, running into the court as I was going out—they live about five yards down.
Cross-examined. Q. Did you go from Holborn? A. Yes; that is always my beat—I did not speak to them as I came down, because I did not know that an assault had been committed—I have seen the other brother since—I saw Dennis at a 1/4 past 10, and met him in the court again at 10 minutes past 12—I saw David before, but not afterwards—it is not more than 100 yards from the court where I saw them conversing to where I met the prisoners—they were walking, but appeared out of breath—I did not see them run at all—it was not a policeman who was springing the rattle, it was Shepherd who had got a rattle out of a policeman's pocket.
THOMAS CHARLES LANGDON . I am one of the house-surgeons at St. Bartholomew's Hospital—on Sunday morning, 5th June, Bennett was brought there, between 12 and 3 o'clock—he was confused and sleepy—he was able to answer questions, but answered them shortly—I examined him; he had a considerable wound on the back of his head, and a small scalp wound—he was suffering from concussion of the brain—he complained of very great pain in his back, though I found no contusion—I was told that he fell on his back with his lanthorn there—he left the hospital on 18th June—he is not well now—he cannot bear the weight of his hat, which is a sign of injury to the brain.
MR. BARRY called
CATHERINE BRYAN . I sell things in the street, and live at 3, Union-court—the prisoners are my brothers—on the Saturday night when this took place Dennis went to bed between 9 and 10 o'clock, and I never saw him get up till between 9 and 10 next morning—I did not see David.
Cross-examined by MR. POLAND. Q. Where does your brother Dennis sleep? A. In the back room first-floor; Mr. and Mrs. Power sleep in the room—I do not know how many people sleep in the house; we do not keep it, but six or seven sleep in the two rooms on the ground floor—I sleep in the front room, and saw my brother go to bed in the back room; he undressed with the door wide open and went to bed—my mother keeps the two rooms on the ground floor—she is here, but she was not present at the time Dennis went to bed.
Prisoner Dennis. I asked before the Magistrate for my witnesses to come, and they would not allow it—whenever the officer Johnson meets me, he kicks me, and says "I never shall be satisfied till I have you."
Prisoner David (showing one of his legs). This is where you kicked me.
GUILTY **— Confined Twelve Months each.
PLEADED GUILTY .— Confined Eighteen Months.
There were three other indictments, and Thomas Smart, City policeman, stated that thirty similar charges could have been brought.
FOURTH COURT.—Wednesday, July 6th, 1859.
PRESENT—MR. RECORDER, and Mr. Ald and Sheriff CONDER.
Before Mr. Recorder and First Jury.
MR. LILLEY conducted the Prosecution.
ISAAC BULLIVANT . I live at 131, High-street, Shadwell, and am a hat manufacturer—On the morning of 13th May last, I went to bed about 1 o'clock—my house at that time was safe and secure—I came down in the morning a little after 7—I found the doors and windows broken open and a hole in the roof through the ventilator—I missed 40 or 50 caps, 9 felt hats, a pair of spectacles, and several other articles, to the amount of 21l.—I gave information to the police immediately, and they came to the premises the same evening.
Cross-examined by MR. BEST. Q. What was the mode of entrance? A. In the roof, through the ventilator—there is a board over the ventilator; that was removed; and they must have got down with a ladder—I did not see the board on that night; I did not get on the roof—I always look at it on Sunday—I cannot swear that I had not seen it since Sunday.
MR. LILLEY. Q. Can you undertake to say whether this place was closed? A. No, I cannot; a window had been forced; the window was inside the house and the ventilator outside.
COURT. Q. When they got in through the ventilator, what did they come into next. A. The workshop; that is connected with the premises by doors and windows—it adjoins the same roof—there is a door from the workshop into the house, and that was broken open and the windows forced.
MARGARET FOLEY . I live at 12, Back-row, St. George's-in-the-East, and am an unfortunate girl—on Saturday morning, 14th May, between one and two o'clock, I was in the street, near Mr. Bullivant's house; at that time I saw two men near his premises, going towards the back way—I knew one of the men, Fitzgerald; I can't swear to the other—I don't believe the prisoner is the man—I gave information to the police the same morning—another girl, Ann Jennings, was with me—I don't believe the prisoner is the man I saw—I had known him before for four or five months—I had seen him mostly every night, and sometimes only three nights a week.
Cross-examined. Q. You had as good an opportunity of seeing him as Ann Jennings? A. Yes.
ANN JENNINGS . I live at the same place as the last witness—On the night of 14th May I was in the street with her, near Mr. Bullivant's house—I saw two men there upon a wall, one of them was Fitzgerald, and the other I don't know; he goes by the name of "the Turtle Dove"—I cannot see him here—the prisoner is not the man.
COURT. Q. How came you to say before the magistrate that he was the man? A. I did not.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
St. George's—I have known the prisoner for the last two years; she lives within two or three doors of me with her husband—on the night of 23d, June, between 11 and 12 o'clock, I was coming from a party at No. 4—I was quite sober—when I got near the door I saw Mrs. Duncan standing close to, the door—I said to her, "I should be ashamed looking into persons houses"—she immediately began blackguarding me, and I said to her, "Now don't begin blackguarding me;" and I said, "I knew you at Wapping"—I was joking at the time—she then ran after me, and seized me by the hair of my head—at this time her husband came up, struck me, and knocked me down—I was still laughing and joking—the prisoner then took my shoe off, and knocked me about the head with it—she then ran into her own house; she came out again, and she had a knife with her—I caught hold of her hand, and had the knife in my hand—I saw the knife—I can't say whether it is here—she then struck me in the forehead; it bled, and I could not see—I am sure she did it.
Cross-examined by MR. ROBINSON. Q. You were at Mr. Case's, at No. 4, enjoying yourself? A. Yes—I was perfectly sober; all that I had was a pint of beer, and a glass of ale—I did not say to her husband when she had gone in, "You had better go into the shop and look after your wife; whilst you are here, she may have somebody with her;" nothing to that effect—the husband did not at first say, "You are drunk, man"—I never heard him say so—I said I had known her at Wapping—I did not say I could have her at any time for half-a-crown—I had known her at Wapping; she kept a shop there—she flew at me like a tiger—I was knocked down twice—it was after I was knocked down the second time, that the prisoner went to get the knife—I mean to swear that I saw a knife; it was a small knife, like a table knife—I could not see the handle—I was then upon my knees—she could have cut my throat if she had liked—the police did not see any of this; they came just too late—I did not go to the hospital—I have got two marks; here is one (pointing to his forehead), the other is only a graze—I was not knocked down near a door-step—the husband held me by the hair—when the police came up I told them about it, and tried to give him into custody, but he had gone away—I was not looking for him everywhere in the house—I did not go into the house—I made a charge against him; he was examined the day after before the magistrate, who fined him 40s.—the next morning I went to the house and charged the woman—I had seen Tremble; he slept with me in the same room—after having been with Tremble all night, I went the next morning and gave the prisoner in charge—that was 23d June, 13 days ago.
MR. PLATT. Q. Why did you not give her into custody the same night? A. She was inside the house and kept the door locked—I gave her into custody as soon as I could.
COURT. Q. You say you tried to give the husband into custody—did you say anything about the wife? A. It was the wife I wanted—I gave instructions to the police about the woman—I made the charge to the policeman that night.
CHARLES TREMBLE . I am a waterman, living at Church's Gardens, in Wapping—on the night in question I was passing by this place—I saw the prisoner holding the prosecutor by the hair—as far as I could see the woman had a knife in her hand—the prosecutor held her by the wrist, and her husband had hold of the back of his head—the prisoner was flourishing the knife about his face, and knocked him with it; some blood came—I did not see where she cot the knife.
Cross-examined. Q. Do you mean to swear you saw a knife at all. A. I can't say whether it was a knife; there was something in her hand—I saw three wounds inflicted; one on each side of the eye, and one on his forehead—I came up before the police came—I will swear I was there when the prosecutor was scuffling—he was not lying down; he was standing up—I did not see him on the ground at all—I slept with him that night—I went to the prisoner's house next morning—I did not say to her, "If you will give me 1l. I will say nothing about it"—I do not know a person of the name of Roach—I went to the police-station with the prisoner—I did not gay to anybody at the station, "If she would give me 1l. I would not go up against her." (Mrs. Roach was here brought in.) I know that person now—I did not speak to her on the day in question; I did not see her at all—I did not tell her at the police-office or anywhere else, that if the prisoner would give me a sovereign I would make it all right—she did not say to me, "You vagabond, you know you have taken a false oath; you know you were not there at all"—I never had any conversation with her—I did not see her at the police-court or station to my knowledge—I did not say, "If she does not give me the sovereign I will transport her"—that is false.
MR. PLATT. Q. Is this the first time that you have ever heard of the questions my learned friend has asked you? A. Yes.
Cross-examined. Q. Were you there the night before? A. No—the officer is not here who was present the night before.
MR. ROBIHSOK to CHARLES TREMBLE. Q. Did you go into the prisoner's house on the same night? A. No.
The prisoner's statement before the magistrate was read, as follows: "I have nothing to say." Witnesses for the Defence.
GEORGE SAWDER CASE . I reside at No. 4, Hope and Anchor-alley, St. George's East—about 8 or 9 o'clock on this night, the prosecutor was in my house—when he went out the prisoner and her husband were there—the prosecutor said to the husband, "You had better go into your shop and look after your wife; whilst you are here she may have some one with her"—the prisoner's husband then said, "You are drunk, man"—the prosecutor then said, "I knew her when she was at Wapping, I have cooked her goose many times; I can have her at any time for half-a-crown"—the prisoner then said to her husband, "What does he mean, George;" he said, "That he has had connexion with you"—she appeared very exasperated, and she ran after him, pulled her own shoe off, and there was a row commenced—the prosecutor was walking towards his lodgings—she struck him on the face—as far as I could see there was no possibility of his getting off his shoe while they were going up the alley at all—the husband came up to try and get Mrs. Duncan away, and there was a scuffle; they all fell down, and his head struck against a scraper or doorstep—they afterwards got up, and Duncan got his wife towards the door—about two minutes afterwards, Bullen challenged Duncan to fight; Duncan said "You go home;" and Bullen said, "You shall fight"—they then had a stand-up fight, and Duncan got hold of Bullen at the back of the neck and punched his face; then Dutton and some one else came up and parted them—Mrs. Duncan was there at the first—I did not see her go into her house and fetch a knife and then strike either of the men with it; if she had gone into the house I must have seen her—I saw Tremble about five or six minutes after
it happened; that was when the policemen came up—it was entirely over when Tremble came; I saw him come up.
Gross-examined by MR. PLATT. Q. What are you? A. A stevedore—I saw the whole of this from beginning to end—I was at my door when the prosecutor went from my house—Duncan's house is about four doors from mine—with the exception of the gas-lights, it was quite dark—during the scuffle I might have gone from my house to the next—I did not go up to the spot—I saw the prosecutor's face afterwards; the blood was pouring down from a wound over the forehead, and they fell close to a scraper—I can't say whether his head struck it—I say Tremble was not there at all till after the occurrence—I won't undertake to say that he was not there before—I was not asked to go before the Magistrate—I was at work—I offered this evidence before, at the police-court in the husband's case—the prisoner's husband came to me and asked me if I knew anything of it; and he subpoenaed me—I did not know that Mrs. Duncan was taken till I came home from work to dinner, at 2 o'clock, and then the trial was over.
MR. ROBINSON. Q. When you came back the trial was all over, was it not? A. Yes.
COURT. Q. Did you see the house searched? A. No; after the scuffle I went in after Duncan—I saw a policeman go into his house—that was about a quarter-of-an-hour after the occurrence—I think Tremble went in with him—it was last Monday week that I went before the Magistrate in the husband's case—this happened on the Thursday—the woman was committed on the Friday.
FREDERICK CRAWFORD . I am a sail-maker, and live at 5, Hope and Anchor-alley, St. George's East—I was there upon the night of 23d June—the first that I saw of this was the prosecutor coming out of No. 4—he said to Mr. Duncan, "You had better go into the shop and look after your wife; while you are here she may have some one with her"—the husband then said to the prosecutor, "You are drunk, man," and he said he could excuse him because he was drunk—Bullen then said to the woman, "I can get you any time for half-a-crown; I have known you at Wapping"—she then said to her husband, "What does he mean, George?" and he said, "That he has had connexion with you"—she then took off her own shoe and beat him over the head—her house is opposite to 4 and 5—the husband then interfered and they had a fight, and they fell upon a scraper of the step, and the blood came from Bullen's forehead—they then got fighting again—I did not see Mrs. Duncan go into the house—I should have seen her if she had gone—she did not strike a blow after the second fight—I saw the blood after the first fight—the police came up afterwards—I saw Tremble there when the fight was over—I did not see him come up—I did not see anybody go into Duncan's house—I stayed at my own door—it was about 2 o'clock in the morning—I know that the police went into Duncan's house about twenty minutes afterwards—I heard that they went in for the husband—I saw Mrs. Duncan afterwards at her own house—that was after the police went in—they locked the door.
Cross-examined. Q. Do you mean to say the police locked the door after they were in? A. No, after they came out—this was about half-past 1—when I first saw this I was standing at my own door, which is No. 5 in the same court, about ten yards from where this took place—I can't say that I watched everything—Tremble was not there before I saw him—Mrs. Duncan did not leave them at any time that I saw—I saw the man get up with a cut on his head—I did not hear anybody call out anything about a knife—I
swear that I did not see a knife—I will not swear there was not a knife in the woman's hand—I did not go before the Magistrate on either occasion—I did not offer to go at all—I was not called on.
MR. ROBINSON. Q. I suppose you were hard at work the next morning? A. Yes.
NOT GUILTY .
MARY MORIARTY . I am a single woman, living at 18, Greenhill's Rents, Smithfield—on the 2d June, about 10 o'clock, I was coming through White-chapel; I there met the prisoner—I had never seen him before—I asked him the way to some place; he then asked me if I was Irish? I said I was, and he said, "So am I"—he walked a little way with me, and then he caught hold of me, and took a gown and bonnet which I had in my hand and ran away; these are the things (produced).
WILLIAM MAYHEAD (Policeman, B 313). I was on duty on this Wednesday night, in Laundry-yard, and saw the prisoner there; I had heard screams before that—he had been running, and was very much exhausted when I stopped him; he had this gown and bonnet in his hand; he could not speak he was so exhausted; the prosecutrix then came up.
Prisoner's Defence. The prosecutrix asked me the way to Laundry Yard; that is where I live—I walked with her, and she asked me to carry her clothes; I did so—when we got to the yard, she would not take them back, so I went away with them, and told her to call in the morning.
GUILTY .— Confined Nine Months.
680. In the case of WILLIAM WICKS, charged with feloniously cutting and wounding Ann Frenchman , with intent to murder her; upon the evidence of Mr. John Rowland Gibson , surgeon of Newgate, the Jury found the prisoner insane, and unfit to plead.
Ordered to be detained until Her Majesty's pleasure be known.
WILLIAM NEIGHBOUR . I am a labourer, living at Twyford Abbey. On Saturday night, 26th June, I was near a public-house, relieving myself—at that time James Sanders came and took hold of me by the throat—I had seen him in the street before—I did not see him with any one—I saw him about an hour or two hours before—Hodges then came up and picked my pockets—I had not seen her before—they then left me—I kept in sight of the woman till she was given in custody—the male prisoner went another way—I pursued the woman because I thought she had the money—I saw her searched—she had not got it.
Sanders. Q. Did you not state to the policeman that the man had whiskers, and a beard under his chin, and a blue coat on? A. I said he had a blue coat on; I did not say anything about hair.
JAMES MAYNARD (Policeman, T 263). The last witness gave the female prisoner into my custody about half-past 10—he was quite sober—he gave me a description of the man, as having a blue coat on, and a slight tuft of hair under his chin—this was on a Saturday night—the male prisoner was at the court-house on the Monday morning—he was pointed out to me—the
female prisoner was searched, and on her was found 6d., and 4 1/2 d. in copper—when I searched the male prisoner I found two shillings in silver, and 2 1/4 d. in copper.
COURT to WILLIAM NEIGHBOUR. Q. What was the coin? A. Two shilling-pieces.
Sander's Defence. I went to the court-house to hear the trials, and the prosecutor came over to me and gave me in charge. I did not leave Kingston till the Sunday morning; I slept at the Black Lion that night. I never saw this woman in my life before.
Hodges' Defence. I have never seen this man before.
GUILTY .— Confined Nine Months each.
Fanny Bates being called upon her recognizance did not appear.
WILLIAM TAYLORS (Policeman, G 226). I have endeavoured to get Fanny Bates here, but cannot—she was not before the grand jury—I was sent to the hospital for her on the night of 28th—she was in the hospital—I saw a wound upon her; it was a cut on the right side of the cheek—I brought her to the police-station, where the prisoner was—in his pretence she said, "That is the man that done it;" and he said, "Yes, I stabbed her with a shoemaker's knife, and I threw the knife away after I had done it"—I am sure he said that.
Prisoner. Q. You were not the man that took me into custody? A. No;—another constable did—you said to me when I came into the station on the 28th about 11 o'clock, "Is she hurt"—I said, "Not much, I think;" and you said, "I stabbed her with a knife, and then threw the knife away."
COURT. Q. How deep was the wound? A. The surgeon said it was about an inch in length, and the knife had gone through the cheek and touched the tongue, but it was not dangerous—I could not find the knife.
Prisoner's Defence. On Tuesday, 28th, I was working till half-past 8. I used to live in Clerkenwell; but I removed from there to get out of the way of my wife. I got fresh work. On this night I had to go to Clerken-well; I called at my wife's sister's house—I rang the bell—a man came up and said, "If you come to my house again, I will give you in charge". I went there on Sunday again, and asked the landlady if Mrs. Bates lived there—she said, "Yes." The man then came up and asked me what I wanted, and said if I came there again he would give me in charge. My wife, as I was going away, blackguarded me. I felt very exasperated. I have a letter here which I wrote to my cousin about her. I did not strike her with a knife; it was a nail which had been sharpened. My wife has been living with another man from the time I left her.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury. Confined three months.
OLD COURT.—Thursday, July 7th, and Friday, July 8th, 1859.
PRESENT.—The Right Hon. the LORD MAYOR; LORD CHIEF BARON POLLOCK; Sir CHAPMAN MARSHALL, Knt. Ald.; Sir ROBERT WALTER CARDERN, Knt. M.P. Ald.; Mr. Ald. ROSE; Mr. Ald. PHILLIPS; and Mr. COMMAN SERJEANT.
Before Lord Chief Baron Pollock, and the Fourth Jury.
MR. SERJEANT BALLANTINE, with MESSRS. BODKIN, CLERK, and MERREWEATHER conducted the Prosecution.
MR. SERJEANT PARRY with MR. GIFFARD appeared for the Defence.
In this case after several witnesses had been examined, and the trial had advanced into the second day, THOMAS INSTONE one of the Jurors was taken ill, and, having left the Court, was examined by DR. COPLAND, DR. TODD , and MR. GIBSON , Surgeon of Newgate, who stated upon oath that the juror was seriously ill, and unable to discharge the duties of a juryman, and that it would be dangerous to his health should the trial be proceeded with; under these circumstances the LORD CHIEF BARON discharged the jury without giving any verdict, and the trial was postponed until the next Session.
NEW COURT.—Thursday July 7th, 1859.
PRESENT—MR. JUSTICE WIGHTMAN; Sir CHAMPMAN MARSHALL, Knt., Ald.; and Mr. Ald MECHI.
Before Mr. Justice Wightman and the Sixth Jury.
MR. POLAND conducted the Prosecution.
MARY ANN ROBERTS . I am the widow of William Roberts—I know that my husband borrowed 100l. of George Bryant; this is the promissory note for it—(Read: "7 June, 1851, I promise to pay on demand to George Bryant, 100l. for value received—William Roberts"—this is the cheque with my husband's signature, for the repayment of the money—(This was a cheque drawn by William Roberts on the Bank of London for 100l. in, favour of George Bryant.)
Cross-examined by MR. METCALFE. Q. Did you know much of these persons? A. They lodged in our house—Mrs. Bryant used to work as a cloak and mantle maker—she used to go regularly to work—she earned money, but what I don't know—her husband was a mason—he went to his daily labour—I was not then aware that they had saved up money—I can't say how long they remained with us—it is about fifteen years ago since they left us,—they lived some months with us—I can't say whether they lived happily—I have seen them since they left us, but not many times.
MR. POLAND. Q. Was Mrs. Bryant in business for herself, or did she work for other people? A. She worked for other people; she had no shop.
WILLIAM EDWARD JONES . I am a clerk in the Strand branch of the Bank of London—on 20th May, 1857, the prisoner called at the bank—she brought this cheque for 100l., and said she wished to place it on deposit in the bank—I asked her whether she was a married woman—she said, "Yes"
—I told her We could only receive it in her husband's name, and her husband must call and sign the book—she gave the address, George Bryant, No. 9, Ponsonby-place—her husband called two or three days afterwards and signed the book—I have paid interest on that to Mr. Bryant—the first interest was on 25th January, 1858, 3l. 10s. 5d., he signed the order for that money—I have it here.
Cross-examined. Q. You take the name of the depositor? A. Yes; the prisoner said she wished to deposit it in her own name—she might have got the money for the cheque.
GEORGE ROGERS . I am managing clerk in the Bank of London, the Strand branch—on 22d November, 1858, the prisoner came to the bank and produced this deposit receipt to me for 100l.—she spoke to one of the cashiers and I came forward—she wished the money to be paid to her—I said it was in her husband's name, and on that she went away taking the deposit note with her—in a day or two afterwards she came again and produced this cheque for 100l.—she said she had come for the money as her husband could not come, and she had brought her husband's cheque—I don't recollect the exact words—she said it was her husband's cheque—and she had brought it according to my wish—I said it was rather unusual to pay anyone but the depositor—she said she was Mrs. Bryant, and she produced some letters—we did not perhaps take that precaution which we ought to have done; and we paid her on her producing this cheque for 100l.—I caused it to be paid, and she signed her name on the back.
Cross-examined. Q. You sent her back on the preceding day? A. Yes; for her husband's cheque or order—when she brought this, she said, "Here is the authority," or order—I compared the signature with the letters.
MR. SLEIGH. Q. Would you have paid the money over, unless you had believed it to be genuine? A. Certainly not.
COURT. Q. Did you compare it with the signature in the book? A. Yes; and the resemblance was such that it satisfied me it was genuine.
WILLIAM EDWARD SMITH . I am an attorney at Pimlico—I know George Bryant, and have seen him write many times—I should say that this signature to this cheque for 100l. is not his writing—there is a similarity, but I should say it is not his—I don't think it is his—the signature to these cheques for the interest are his—this signature in the bank book is his, certainly—decidedly it is—all his signatures which are genuine have the name "George Bryant" written in full, and this signature to the 100l. cheque has "G. Bryant" only—I issued a writ on the bank in January last, by direction of George Bryant.
Cross-examined. Q. Did you ever see the husband until these proceedings were taken? A. No; I saw him write about December last—he then gave me a specimen of his handwriting.
MR. SLEIGH. Q. How long was that before you were directed to take proceedings against the bank? A. About three weeks, I think; it was before I took the proceeding, and after the money was paid from the bank—during those three weeks I had correspondence with him.
ELIZA WILSON . I live at 9, Ponsonby-place, Millbank—that is where Mr. Bryant and the prisoner lived—I heard of Mrs. Bryant leaving the house in November last—I never saw her from that time—I know her handwriting—this letter (looking at it) was shown to me by Mr. Bryant, some few days after she left—it is the handwriting of Mrs. Bryant—there was a man living in the house of the name of James—he left the house soon after Christmas—I saw nothing of him after that.
Cross-examined. Q. Did you give him notice to quit? A. I did not but Mr. Bryant did, I believe—I was only a lodger in the house—I was there two years and a half—I have heard Mr. Bryant quarrel, and use very foul language to the prisoner at times, when he came home drunk at all hours of the night—that was frequently—I never head a cry of murder; I have heard the breaking up of the furniture—I never knew anything bad of her; she was a respectable, hard-working, industrious woman—she was a mantle and clockmaker.
COURT. Q. Was he a hard-working man? A. Yes—while I was in the house I never saw anything improper between James and the prisoner.
MR. SLEIGH. Q. Did you ever know Bryant to strike his wife? A. No; because I kept out of the way—I have not heard him complain of her going out and staying away from him—this is my rent-book—I paid the prisoner sometimes, and sometimes the husband—(in this book the husband had twice signal his name George Bryant, and once G. Bryant)—the husband was out all day at work—he was a hard-working, industrious man.
JOSEPH NETHERCLIFF . I live at Brompton, and am a photographic artist—I have had experience in examining autographs for many years—the signature G. Bryant to this cheque for 100l. is not a genuinely written signature—it has been touched several times, and here are double strokes in it—it is not a genuine signature—it is not written as a man would write off at once.
Cross-examined. Q. Have you made the same assertion when the signature has been found to be genuine? A. I have done it.
MARYRY ANN MORTON . I am the wife of William Morton, and live at No. 4, Charles-street, Knightsbridge—in January last the prisoner came to lodge at my house in the name of James—Mr. James was with her—they lived there as man and wife till the officer came and took them into custody.
JONATHAN WHITCHER . I am an inspector of police—I apprehended the prisoner on the 14th of May, in Charles-street, Knightsbridge—she was in the street, near Mrs. Morton's house—there was a man with her—I said to her, "I believe your name is Bryant"—she said "Yes"—I said I was a police-officer, and I apprehended her for forging a cheque for 100l.—she said, "Who authorised you?"—I said the Society of Bankers—I proceeded with her to the first floor of the house and searched the place, and I said to James, "I think I ought to apprehend you as well"—the prisoner said, "What for? he knows nothing about it; I did it myself"—James was here, and was acquitted last Sessions.
(The prisoner's letter to her husband was there read)—"Nov. 29. When you receive this, I shall be some hundreds of miles away from you for ever; I need not tell you the reason, for you well know your conduct and the manner you have treated me since your return from the country, has been most brutish and unmanly in the extreme, and the hard language you have used has made my heart sick. The money I have taken I consider my own; I have left you the greater part, and remember I have done; I have had no help from any one; you need not attempt to find me, you will not be able, and you will only be a laughing-stock. Keep what you have, and do the best with it you can.
MR. METCALFE to MARY ANN ROBERTS. Q. to whom did you pay interest for the money you had? A. I did not pay it, Mr. Roberts did—Mr. Bryant used to come for it—I really don't know whether the prisoner ever received it.
NOT GUILTY .
MESSRS. METCALFE and GENT conducted the prosecution.
NOCOLA MAGGI . I am a ship-chandler, and reside in the Minories—I know a Captain Francisco Capello—I have known him about two years—he is a native of Genoa—I also come from that place—the Captain last called upon me at the end of April or the beginning of May, at my house in the Minories—he bought everything of me that he wanted in my way—he said something to me about a black man just before he went to sea—he said he had left a black man in the hospital, and said he liked him so much, that he was sorry to go away without him, and asked me when he was cured to take care of him, till another captain that he knew came to London—when the other came, he said, "You will be kind enough to put him on board, if he will go"—he said the name of the ship was the "Guinea"—he said, "You can make him do something in your shop till the ship arrives"—I understood what I was to do—I agreed with the captain to put the black-man on board, if he would go—Captain Capello afterwards left London for Genoa—the black man Was brought to my house afterwards by another man—he had a piece of paper in his hand with my name upon it—I did not Know the handwriting—there was my name and address, and also another name—on that, I took the man in—I told him, if he would stop, he could do what he liked—he asked if he was a slave to me—I said "No," and I said, "If you work Well; you shall not go on board; and, if you are a good servant, I will give you money and food—I do not blow whether the prisoner has been to Genoa—he understood me in the Genoese dialect, not English—I did not tell him what he would have to do; I did not know what he was good to do—I think this was about the middle of May, I don't remember exactly—towards the end of May, after he had been there some time, he was taken ill; my wife told me he was ill, and I told my clerk to send for a doctor—my wife attends to everything in the house—the illness lasted two or three days, in consequence of having eaten plenty of cabbage-soon after the beginning of the illness, there was a disturbance, when I was in bed, on a Friday night, in his room—he was in that same room from the day when he was first taken ill, up to the night when this disturbance took place—I did not go up stairs—I don't remember when the first illness took place—I wanted to get him to the hospital, but he barricaded the door—he would not eat anything—he had eaten nothing from the time he was taken ill, all the time he was in the room; except some beer and some bread I think, he had nothing from me.
COURT. Q. Was he told by you that he must go from your house to the hospital? A. Yes; and he said, "No, no"—it was after that that he barricaded the door, when I sent the clerk to tell him he had better go to the hospital.
Cross-examined by MR. SLEIGH. Q. You are a ship-chandler, I believe? A. Yes—I have known Capello for some time—I do not know a sailor's boarding-house in Ratcliffe Highway; I have heard speak of it; I know the man who keeps it by sight—I was on intimate terms with Captain Capello—he used to buy things of me—he used to dine with me sometimes—I knew him through selling goods to him—it was about 3 or 4 days before he sailed that he first spoke to me about the black man who was in the hospital—he told me that he had left a black man in the hospital—he did
not tell mo that he had brought that man from the coast of Africa—he did not tell me where he had brought him from—I did not hear him say to anybody that he had brought him from Africa—I don't know that I have ever said he told me so—I think, perhaps, he has got him from Africa, but I don't know—he never told me that he had bought him from the coast of Africa cheap—he did not tell me that he had had him at Genoa—I did not know, while he was in my house, that he was the property of Captain Capello—I never heard of such a thing—I heard from the captain that he was on board the Dreadnought—I never went to that ship and made applicafor this black man, to take him away—I never went on board the hospitaltion ship (A gentleman in Court was here shown to the witness)—I have never seen that gentleman before—I never went on board the Dreadnought—(A person named Harrington was here brought in)—I don't think I have seen that person before—I have never been on board the hospital-ship, and asked the captain whether the man was well enough, and whether I could take him on shore—the black man never said, through an interpreter, that he would not be my slave—I sent my clerk to the Dreadnought to get this man, if he would come—he did not bring him; he was brought to me by a man who had a paper with a person's name; the name of Bonta on it—I know Bonta, and have known him for some years; he was Capello's interpreter—I have not before stated that I said to this black man I would put him on board the vessel if he would go—I have never made use of the words before—my clerk is not here; his name is Barber—I was not to receive compensation for having this man—the Guinea went away a week ago—if this had not occurred, I should have put him on board the vessel, if he would have gone—I should not have put him on board, whether be would or not—he was free to do what he liked—I had said before, "If he would go I would put him on board."
MR. METCALFE. Q. How far was the Guinea lying from your house?—A. In the St. Katherine's Docks; about 3 or 4 minutes' walk—I told the black man he was free, and that if he would go I would put him on board—he was in my house I think about a week before he eat the cabbage—during that time he was very good, and did what I wished him, and what my wife wished him—then he eat the cabbage, and retired into the room—before that he was very good.
JURY. Q. Did he ever leave the house after he went there? A. Yes; he used to go out when he liked, on errands, &c.
ELIZA MAGGI . I am the wife of Nicola Maggi—I remember seeing the prisoner—I don't remember what day he came to our house—an English-man came with him—I don't know his name—he came and brought a piece of paper—we had some conversation with the man who brought him—I understand a little of the prisoner's dialect—my husband understood him—the prisoner went backwards and forwards to the house when he liked—after that he was taken ill, and retired to his room, and was there two days—I saw him after that—we went up to his room, and took him some food—I told Mr. Maggi I considered he was very ill—I offered him some food at the door—he would not accept it—he would not accept anything from any one that offered him anything—I told Mr. Maggi I thought he had better be removed to the hospital—I sent the cabmen up to ask him if he would go to the hospital—he was very savage, and they could not interfere—the cabmen asked him to go to the hospital—he would not go; and with that he shook his knife at the cabmen—he did not understand the cabmen; but Mr. Maggi's clerk went up—he understood him—he would not go to the
hospital—I made application to the police, and they refused to interfere—I went to the relieving officer, and in consequence of that, the police did interfere—when the police came, the prisoner had fastened the room door, and they found they could not make an entrance—I went to fetch an interpreter to tell the prisoner there was nothing going to be done to him, if he would come down; and when I came back the police had made an entrance into the prisoner's room—I had told the police there was something the matter with him—ho was very ill; and I believed he was out of his mind—they broke into his room, and a countryman of the prisoner came and spoke to him, but he did not make an answer—I heard him say to him, "Come away; undo the door"—when the police broke the door, the prisoner escaped through the window, at 12 o'clock, on to the roof—when the police went on the roof they could not find him—they said he had escaped—Mr. Maggi went to bed; but I was frightened—I thought the prisoner would come down the chimney—I went out in the street, and there were some persons saying there was some one on the roof, and two or three men said they would bring him down—I said I would give ten shillings to any one that brought him down—two or three went up, and he was standing with a drawn knife.
Cross-examined by MR. SLEIGH. Q. Was the time he was ill about the time that the Guinea arrived? A. No—it was not to the sailor's boarding-house in Ratcliff-highway I was going to remove this man—I had not been to the boarding-house to make arrangements for his being taken there—I went to the boarding-house to ask the master's advice where we should send the prisoner—if the prisoner had liked to go to Ratcliff Highway, he might have gone—I had no authority to send him there—I said he might go there in preference to a hospital, if he dreaded going to a hospital—I was not to pay for his being kept at the boarding-house till he was sent on board the Guinea—I did not make any inquiry what they would charge—my husband did not go there, nor the clerk—it was not on the day before he barricaded himself in his room that I went to Ratcliff Highway—it was three days previous—my husband did not tell him he was going to send him to Ratcliff Highway if he liked to go—when I was at Ratcliff Highway I heard some conversation about his being a slave—I never heard that he was offered for sale at Genoa, and that they could not get enough for him.
COURT. Q. Did you ever hear that he had been bought by Captain Capello? A. No, never, before I read it in the newspapers.
MR. SLEIGH. Q. Have you not said that you heard that the Captain paid some money for him, and he was bought cheap? A. I heard that they were bought cheap—I never said so—I heard that they were bought cheap slaves, but not that he was bought cheap; nor that the Captain had paid some money for him—that was never hinted to me at all.
COURT. Just refresh your memory with this (Handing her her apposition). Q. Did you ever hear that he had been bought cheap? A. Yes, at Ratcliff Highway.
MR. SLEIGH. Q. Did you hear he was bought by the captain? A. Not by him—when the cabmen went up he had not barricaded himself in his room—2 cabmen went up—I sent them to bring him down if he would come—I asked the cabmen if they knew the hospital—they said very likely they would take him in at the London Hospital—I did not tell them to take him to Ratcliff Highway—I told them to take him to the London Hospital—it was 3 days before that that I had been to Ratcliff Highway, to the sailors' boarding-house—when the men could not get him
down, he shut himself up in the room, and it was the same night this chase took place on the house-top—up to the time I sent the cabmen up stairs he had conducted himself quietly and orderly till he was interfered with.
MR. METCALFE. Q. Do you know that black men are taken at that sailors' boarding-house? A. Yes.
GEORGE ROBERTS . I am relieving officer—Mrs. Maggi came to me, and gave me some information about a black man—I went up to the room before the police did—I could not gain admission—I then went to the police-station—I merely asked them to assist me in obtaining the prisoner—they gave me the assistance of the constables, and I went down—they burst the door open in my presence, by the permission of the landlord—we found the room was empty, and it smelt rather strong—we searched about for the prisoner—I left about 11 o'clock—in about an hour and a quarter afterwards I heard a man was on the roof—I went up, and saw him, but I did not go on the roof—the policemen went on the roof—I saw the wounded man brought down, and shortly afterwards the prisoner was brought down.
CHARLES OLIVER (City policeman, 92). I was acting as sergeant of police, and was on duty in the Minories a few minutes before 1 o'clock on 28th May—I was with Inspector Scott—I saw a crowd of persons in front of No. 21, and some man came across the road, and told us to go across to that house, as there was a man on the roof of the house, and they could not get him down—I and Scott went—there were several persons on the landing of the stairs—I saw the prisoner through the trap of the roof—he was on the roof—I asked him to come down—he said "No"—he perfectly understood what I said—I was in uniform at that time—a pair of steps was obtained, and I went up—I was just getting on the roof, and the prisoner made a blow at me—he had some weapon in his hand—I took out my staff, and struck at him—I missed him that time—Inspector Scott then lent me his walking stick, which was longer—I struck at the prisoner with that, but I did not hit him—he went back along the roof—2 other constables got on the roof—we followed him—he went from the top of that roof to the next house, No. 20—he slid down the front of that roof, and returned along the parapet, walking towards No. 21—I followed him to the top of No. 20, and lost sight of him—I slid down the same way as the prisoner was—I could not see him then—I stepped on the parapet of No. 21, and saw him—when I got sight of him again, I asked him to go down below—I said he could go where he liked; we did not want to have anything to do with him—he said, "No; me no go down"—I told him no one wished to hurt him—when he said, "No; me no go down," he raised his right hand, and made a rush towards me, and I saw some weapon in his hand—I then struck at him with the walking-stick, and he caught the blow on his left arm, and he struck at me with something which went into my back—I turned, and he struck at me, and struck me in the left breast—that cut me also—I caught him, and we struggled together, and finally rolled into the gutter—when I was lying in the gutter, with my face down, he got on my back, and when he got on my back he again commenced stabbing me on the back of my head and on my back—he inflicted 3 cuts on the tack of my head—I put my hands up to save my head, and he cut both my hands—I raised a shout, and some one took him off me—I was taken first to a doctor and then to St. Thomas's Hospital—I have been very ill ever since.
Cross-examined. Q. How long did this chase take place? A. I should think not more than 7 or 8 minutes—where this attack was made was a parapet overlooking the street—I struck at him with a staff and with a
walking stick, but missed him both times—there were 2 other policeman on the roof and about 2 other persons—at the moment I was grabbed he had slid down, and I followed for the purpose of seizing him—I had not laid hands on him—I was close up to him in pursuit—it was at that time I made the blow at him, and he caught the blow on his left arm; then, he struck me.
HENRY SMITH (City policeman, 517). I was called to remove the prisoner from the house—I went with Oliver and others—I saw Oliver lying with his face in the gutter, and I saw the prisoner strike him—the prisoner was very violent, he was just taken off him when I got to him—he had this knife in his hand—with assistance we secured him.
Cross-examined. Q. Did you strike him on the head? A. No; on the arms—he was struck I believe by another officer—I saw a man with a walking stick—I don't know the man's name—an officer struck him on the head—he pretended to be insensible when he was brought down—there was blood on him, he was taken to the hospital.
MR. METCALFE. Q. Was he struck in order to get him away from the officer? A. he was—I struck him on the arms.
DR. JOHN HENRY COOK . I live at 140, Minories, and am a doctor of medicine—the officer Oliver was brought to my house on 28th may, about a quarter before 1 o'clock in the morning—he had five outs on his back, and three on his head, and several others, eleven or twelve in all—three of the wounds on the back I considered very serious—he was in a weak and fainting state, and was ordered to be put to bed—a knife like this produced would have inflicted those wounds.
The prisoner's statement before the Magistrate was here nod as follows:—I was the slave of a man of the name of Berto, at Lagos, in Africa, who took me on board a ship to work, and afterwards sold me to a white man of the name of Captain Capello. Captain Capello told me that he was, my master, because Berto had sold ma to him; I don't know how much he paid for me. I was more than a year in Captain Capello's service, but he never gave me any pay, nor did I ever sign or make any agreement as a seaman. Captain Capello brought me against my will in a ship to England, which ship was burnt at Yarmouth, in England; and I was brought to London, put on board another ship, and taken to Genoa, where Captain Capello wanted to sell me, but no one would buy me. I was then taken back to Africa, and brought again to England. When the ship arrived, I told Captain Capello that I would not go again to Genoa, and begged him to put me on board a man-of-war, that I might be free and learn English. He sent me on board the Hospital-ship, where I told one of my countrymen I was a slave. From this I was sent to a house on shore, where I met another of my countrymen, whom I told I would no longer be a slave, but work and get wages. After this, I was taken to another place, where I was made to work; but I told them I would not be a slave any longer; and I was told that if I worked they would give, me clothing and money, but they gave me nothing but food, and wanted me to go to some other place, and so many people were sent after me I thought they wanted to take me to burn me, so I shut myself up, and then got out of the window on to the top of the house. When I was seized I had a knife in my hand; and whatever I did it was in self-defence. I never intended to hurt any man. "The above statement was taken through an interpreter, Miss. M. B. Servano, a native of Yorubah, and educated in England, and was handed by the prisoner as his defence."
NOT GUILTY .
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN GARDNER . I am one of the senior clerks in the Post-office—the prisoner has been employed there about seven years—he was a clerk in the same office—he was employed on Sunday evenings in the sorting tender, in the Cambridge Railway—he went on the tender on Sunday evening and returned the next morning—it was his duty to open the mail-bag and sort the letters—in consequence of complaints I made up a letter on Saturday, 25th June, which enclosed 2 half-sovereigns and some postage-stamps—the card was put in the letter and the postage stamps round it—the coins were stuck in a slit in the card, and the whole put in a letter and fastened down with gum—the letter was directed to the Rev. William Smythe, the Rectory, Midhurst—I took the letter and posted it at the Romford Post-office, about 4 o'clock, on 25th June—I also posted another letter addressed to Tunbridge Wells—they would both go the same day—I communicated with Mr. Dixon about these letters—they would leave the Post-office on the Sunday morning—on the arrival of the Cambridge train, on Monday morning, the 27th, I found the letter to Tunbridge Wells, but not the one to Midhurst; that contained the money—it was the prisoner's duty to be, on the Sunday evening, on the tender which goes down from London to Cambridge—he would be on the tender about 1/2 past 8 o'clock, going towards Cambridge—I looked for the letter addressed to the Rev. Mr. Smythe in the Cambridge bag, and could not find it—the bag was sealed in the ordinary way—there was a letter-bill made up by the prisoner—the person who sorts the letters signs the bill, and that bill was signed by the prisoner—the prisoner returned about 5 o'clock, on the Monday morning, and after he had been there about an hour, I took him into a private room, and asked him if he had performed duty, at the Cambridge sorting-tender on the last evening—he said "Yes"—I said that I had been informed that a money-letter, addressed to Midhurst, had been sent in one of his bags, and I asked him if he knew anything about it—he said he did not—I asked him if he had received such a letter, what he would have done with it—he said he would have returned it in his bag—I said, "It has not arrived; how would you account for that?"—he said it should have arrived, and he could not account for it—I asked him if he would allow the officer to see whether he had it in his pocket—he said, "Yes," and the officer, Bingham, searched him, and took from his-pocket a sovereign, 4 half-sovereigns, some silver, and 12 postage-stamps—I looked at the 4 half-sovereigns, and found amongst them the two that I had put in the letter, and which I had marked; and I found my marks upon the postage stamps also—these are the 2 half-sovereigns, and these are the postage stamps—I told the prisoner that these 2 half-sovereigns had been enclosed in the letter I had just asked him about, and I asked him where he got them—he said, "In the tender; I found them in the bag"—I asked him where he got the postage-stamps—he said, "The postage-stamps I also found in the same bag"—that money and stamps were the property of the Postmaster-General—I spoke to the prisoner about the bag being sealed—he said the bag was properly tied and sealed.
Cross-examined by MR. SHARPE. Q. Did you mark each of these postage-stamps? A. Yes—hero is the mark on three of them—the others are invisible now—the mark can be reproduced by chemical means—on this half-sovereign here is a mark on the left side of the crown, and on this other
half-sovereign here is a mark over the 4—it is a private mark—the letter was weald with an ordinary piece of gum—I put it in the Post-office, at Romford, at 4 o'clock in the afternoon—it would go, first of all, to London, and afterwards to where it was directed—I spoke to Mr. Dixon on the Saturday—it was about the middle of the day, perhaps—it was under my direction that this letter was put into the Cambridge sorting-tender bag—all letters put in at Romford on the Saturday night are put into the Ipswich sorting-tender—this letter was out of its usual course—it was in consequence of my direction that this letter was sent down towards Cambridge—it would not have done that regularly; it would have gone to the South-western Railway—the letters would be sorted and the bag made up in the Ipswich tender, and the one to Midhurst would be sorted to the train returning to the South-western, and the bag made up in the Ipswich tender, would be conveyed to the Waterloo Station on Sunday evening.
JOHN DIXON . I am a clerk in the General Post-office—I am employed on Saturday nights on the tender between London and Ipswich—there is more sorting in the tender on Saturday nights, to transmit more letters to London, than on other nights—I was employed on that train on Saturday night, 25th June—I had received some instruction from Mr. Gardner before I went to Ipswich—I received a bag at Romford—I made up the letters in the bag—there was a letter for Tunbridge-wells, and one for the Rev. Mr. Smythe, Midhurst—it contained something, and was securely fastened—I had seen that letter made up at the Post-office in the morning, by Mr. Gardner—I made up a bag for Cambridge, and in consequence of instructions I placed those two letters in the bag for Cambridge in the up journey, on Sunday morning—there were other letters in that bag—I came with that bag up to London, and in due course that bag would be taken to the Post-office about 5 o'clock in the morning—that Cambridge bag was tied and sealed by me before it was sent to the Post-office—it was put in another large bag, and sent by George Buck to the Post-office.
Cross-examined. Q. What hour did you leave London? A. About ten minutes after 9 o'clock—Mr. Gardner had spoken to me previous to that—I went to Ipswich and arrived there at nearly 12 o'clock—it was my duty to sort the letters between Romford and Ipswich—I first discovered those two letters at Romford, when I was going down from town—after I received the Romford bag I began to sort the letters—I put that letter for Midhurst in the Cambridge sorting tender, and that tender was what was sorted by the prisoner—I got to town about half-past 4 o'clock on Sunday morning, the 26th—I sealed the bag up, put it in another bag, and gave it to Buck—it would arrive at the Inland General Post-office about 5 o'clock on Sunday, morning.
GEORGE BUCK . I am a mail guard in the service of the General Post-office—I travelled with Mr. Dixon in the sorting-tender on the morning of the 26th—I took the Cambridge sorting-tender bag to the Post-office—when I delivered it it was still properly tied and sealed.
THOMAS GREATBACK . I am a clerk in the General Post-office—On Sunday morning, 26th June, I was on duty about 5 o'clock; I saw the mail bag arrive from the Ipswich line—I received a Cambridge sorting-tender bag, and on Sunday evening I put it in a sack to go to the Cambridge line—I sent it in the same condition in which I received it in the morning—it was delivered to the mail guard to take to the Cambridge railway.
Cross-examined. Q. Did you particularly look to see if this bag was sealed, or not? A. It is my duty to see that they are all safe—if this one had not been safe, I should have seen it.
GEORGE COOMBS BIGNALL . I am a mail guard in the Post-office—on Sunday, 26th June, I received the sorting Cambridge bag at the Post-office—I took it to Shoreditch, and put it in the Cambridge sorting-tender—the prisoner was the sorting officer that night—I accompanied him in the tender; there were 6 mail bags in that sack—the prisoner took them out, and cut them open—I took out the Inland-office bag, and the Cambridge and Ipswich sorting-tender bags—I turned the letters out on a table—I turned the bag inside out—it was not possible for money to be in the bag in consequence of the way in which I turned it—I gave the letters to the prisoner to sort—the Hertford ones were taken to him first, and after that I took the other bundles and gave to him—the prisoner sorted the whole of them—when the bags were made I went on as far as Yarmouth—the prisoner left at Ely—we made up all the bags before we got to Cambridge—the prisoner said nothing to me about the letters when we were sorting them—there is a bag for mis sent letters—it was the prisoner's duty to put missent letters into that bag to be sent back.
Cross-examined. Q. The prisoner left at Ely? A. Yes—I went on to Yarmouth—I lost sight of the prisoner at Ely—I received 5 or 6 bags, and took them to the Cambridge tender—we began opening the bags soon after we got in the tender—we opened them all immediately—I can't say which bag was first or last—we took them indiscriminately—I opened them all, and he began with the Hertford—he finished with them about the Waltham Cross station—a letter for Midhurst would not be taken out at Hertford, it would have come back—it would not in due course have gone in the Cambridge train—if he had come across such a letter it would have been his duty to have put it in the bag for mis sent letters—when they were made up that bag would be put in the Inland Office bag, which would be made up between Audley End and Cambridge.
MR. CLERK. Q. You received 6 bags? A. Yes; and in every one of those bags there might be letters for Hertford and for every place down the line—the first thing I do is to turn out all the letters on the table before We make up any bags—there would then be a little bundle for Hertford—I took them to the prisoner—we delivered 9 bags at Hertford for Hertford and the Hertford-road—before we come to Cambridge we make up a bag of all letters to be returned—the prisoner comes back with the bag to be returned.
JOHN HOLDS . I was the mail guard on the morning of June 27th, coming up to London—the prisoner came up to London at Ely by the train—he had no post-office duties to perform in coming up—I received a bag for the Inland Office—I brought it up and delivered it with other bags at the Post Office.
MR. SHARPE to JOHN GARDNER. Q. When the conversation took place between you and the prisoner, was Bingham present? A. He was—I did not hear him say anything to the prisoner, or the prisoner to him—I was there the whole time—the prisoner's salary was 172l. a year.
MR. CLERK. Q. How were you standing while the prisoner was being searched? A. I was sitting down on a chair—bingham and the prisoner were about four or five yards from me.
HENRY BINGHAM . I am a constable of the Post Office. On Monday morning, 27th June, I was called to take the prisoner in custody at the Post-office—he was charged with stealing a letter, and twelve postage stamps—I found in his left hand waistcoat pocket, a sovereign and four half-sovereigns, and in his right hand waistcoat pocket, twelve postage stamps—I laid them on the table, and I found on him 3s. 10d.—after I had taken
the gold from his waistcoat pocket; I asked him if that money was his—he he said "Yes"—the gold was then on the table—I was standing close by him, and searching him—Mr. Gardner looked at the money that was lying on the table, and told the prisoner that two of these half sovereigns, and the postage stamps, were the same that were enclosed in the letter that he had been speaking about—the prisoner said, "I found them in the bag in the tender"—Mr. Gardner was sitting down in a chair in the room—I produce these stamps.
Cross-examined. Q. What money had he? A. Four half sovereigns, a sovereign, and 3s. 10d. in silver—I put the gold on the table, and asked him if that was his money—I was speaking in an ordinary tone—he answered in the same tone—I can't say whether people near us might hear—we were standing close together.
Cross-examined. Q. Are you sure there was no such letter arrived there? A. Yes; because I saw them all—I have not the book with me—I am quite sure there was no such letter arrived, because the letter was inquired for on the following morning, the 28th.
GUILTY — Four Years' Penal Servitude.
THIRD COURT.—Thursday, July 7th, 1859.
PRESENT—MR. RECORDER; and Mr. Ald. CUBITT, M.P.
For the case of JOHN NICHOL WATTERS and CLAUDE EDWARDS tried this day,
see Surrey cases,
THIRD COURT.—Friday, July 8th, 1859.
PRESENT—Mr. COMMON SERJEANT; and Mr. Ald. CUBITT, M.P.
For the case of ISAAC HIGGINBOTHAM, tried this day, see Essex cases.
before Mr. Common Serjeant.
MR. METCALFE conducted the Prosecution.
ELIZABETH SUTTON . I am a widow, and live at No. 20, High-street, Hoxton—my mother, Frances Martindale, lives at the Broadway, at Plaistow, in Essex—up to 22nd May, I had a cash-box in a drawer at my mother's house, which contained 400l. in money, some silver spoons, and other articles—it was in the middle drawer, in the sitting-room on the ground-floor—my sisters, Ann Martindale, and Susan Martindale, lived there with my mother, who is an invalid, and has been paralysed fourteen years—my sister Susan is here; Ann is not—on Monday, 23rd May, my brother, Edward Martindale, came and made a communication to me about
the loss of my money—I went to Plaistow, and the cash-box, and money, and the probate of a will, and the spoons were all gone—the prisoner married a niece of mine, and he has been in the habit of doing jobs for me at Hoxton—he came to clean knives and shake carpets—he was in the habit of going to the house at Plaistow; I have seen him there several times—he was familiar with the house, and knew who lived there, and the habits of my sisters—I am not aware that he knew I had any money there—he must have seen the cash-box—I did not see the prisoner as soon as I heard of the robbery, I did not see him till the Sunday afterwards—I sent for him several times, but he was gone to Southampton—on Sunday morning I sent for him, and he came to me—I said to him, "I suspect you of taking my cash-box"—I told him where it was; and I said, "I wish you to go down to Plaistow; there are two persons will swear to your being the young man that took my cash-box"—I said "This is a very pretty job that I have lost my cash-box"—he said, "Well, I know nothing about it"—I said, "I wish you to go down to Plaistow"—he said if I liked he would go down—I wished him to go down because I said I suspected him of taking my cash-box—I saw him again, after sending for him two or three times, about 7 or 8 o'clock the same evening—I said, "You are a very good-for-nothing fellow"—he said I had better strike him—I said I did not wish to strike him; but I sent my servant for an officer and gave him into custody—I have not seen any of my property since.
Cross-examined by MR. LILLEY. Q. You sent a gentleman to fetch him? A. Yes; Mr. Spencer—Mr. Spencer and Mr. Richens came in soon after—I live about half a mile from the prisoner's lodging—when I first saw him on that Sunday morning I accused him, and he said he knew nothing about it—he did not offer to go to Plaistow before I wished him—I said I wished him, and he said he would—he did not say, "I will go," before I expressed my wish—I am quite positive as to that—he did not say he would go, till I wished it—I saw him again the same evening with Spencer and Richens—I gave him into custody—he did not tell me at that time that he had been to Plaistow.
Q. Did he not say that he had been and seen the two women? A. He might have said that—I don't know whether he did say that—I don't recollect that he said, "I have been to Plaistow"—the lady that was with me said so—she went down with him—he said, at the station, that he was quite innocent—I had seen the cash-box on the day before—it was quite safe—I had counted the contents, and added 60l. to it on the 22d, on the Sunday.
ELIZA PATENEALL . I am the wife of William Pateneall—he keeps a greengrocer's shop in the Broadway, Plaistow—I know the prisoner—I saw him enter the prosecutor's door on the 23d of May—I never knew him till I saw him enter the door—I saw him about half-past five o'clock—I was inside my shop, and saw him through my window—he was crossing the road—there was no one crossing the Broadway but him—he crossed over the road, and I saw him put his finger to his mouth, and then put it on the ground—he then rubbed it on the mortar between two bricks, and then marked his upper lip—I came to the door, and he turned round—he took off his black hat that he had on, and put on a light Scotch cap, and crossed the road, holding his hat behind him—I saw that the hat was lined with dark blue, having a gold flower in it—he walked into Mrs. Martiudale's house—I could not see his face after that—the hat was like this one (looking at one)—Mrs. Martindale's is just opposite my house—I was standing on the step of my
door when he went into the house—I am quite certain the prisoner is the man.
Cross-examined. Q. Your husband keeps a greengrocer's shop. A. I keep it—this was on Monday, about a quarter-past five o'clock—I know the time, because I was expecting my husband in to tea—he does not come to tea at four o'clock—he is generally home by a quarter-past five o'clock, or by five—he is in the Victoria Gas Works—when I first saw the person, I was in my shop—I should say he was within five or six yards of my shop—when I came out at my door he had turned his back—that was what made me notice him—when I saw him from my shop, I only saw him for an instant—Mrs. Martindale's door stood open—I believe they let it stand open sometimes, for the old lady to get out—I saw the prisoner on Sunday, the 29th, at Plaistow—he came down with Mrs. Barrow—I did not say, on seeing him, "You have shaved"—I did not say anything about it—Mrs. Cable was present at the same time that I was—the prisoner came to Mrs. Martindale's house on Sunday, the 29th, and I was fetched over there—Mrs. Barrow was with him at the time—I have not stated that I could not positively say that this was the man—I will swear I have not said so in presence of anybody—I have never been promised anything in case he is convicted; not one half-penny piece—my husband does not wear a hat—he does not on a Sunday—my relatives in general do not—I don't know whether I have seen a hat with a blue lining, I never noticed it; but I noticed that hat.
MR. METCALFE. Q. You say when he put his finger to the wall you saw his back? A. Yes, he turned his back and carried the hat behind him—I saw no more of him after he went into the house.
COURT. Q. Had you ever seen the prisoner before? A. Never in my life—I had not seen him clean windows or anything at Mrs. Martindale's—when I saw this I did not go over to Mrs. Martindale's—I went and had my tea—I lost sight of him inside the door—he shut the door after him—he put on a light coloured cap which had no peak—it was open behind.
SUSAN MARTINDALE . I have seen my sister Ann Martindale this morning—she is not in a fit state to come here—she has been ill for some time and is quite unfit to attend—she has a paralytic stroke—she appeared before the magistrate, and was examined at the Police-court—I heard her examined—there was an attorney appearing for the prisoner on that occasion—the prisoner was there, and heard what she said.
The deposition of Ann Martindale was here read at follows:—"I am the sister of the prosecutrix—I reside in the house from which the cash box was stolen—in the afternoon of Monday, 23d May, I was sitting in the room where the cash box was kept—it was kept in a middle drawer—about a quarter past 5 o'clock in the afternoon I saw some one come into the room out of the passage and turn round and go to the drawer—the person had on the gown and shawl now produced—the person, when leaving the room, shut the room door and held it close—I tried to open the door and could not—as soon as I opened the door the street door banged to—as I opened the parlour door I observed the gown and shawl lying in the passage as if just slipped off; thinking the figure was my sister I did not take particular notice—my sister Susan came to me immediately afterwards, and made a communication to me—I immediately opened the street door—the person did not try any other drawers but the one in which the money was kept."
SUSAN MARTINDALE (continued). I live in the house with my sister Ann, and my mother, and no one else—at the time this matter happened my sister was very ill—she is able to walk but very little indeed—on the
Monday afternoon she was sitting in the room on the ground floor—I had en the cash box in the middle drawer an hour before it was taken—the door of that room is near the street door—the passage and the door are close—the cash box was locked, and the drawer was locked; the key was kept in my mother's pocket—she was in the back room; she is paralysed—this gown and shawl were up stairs in the back room, over my mother's room; the room where I sleep—I know the prisoner—I think he had been at the house about a month before that—he had not been very often at the house, but he had been there sufficiently to know who lived in the house—he knew my mother and sister were paralysed—I don't know whether he knew where the cash box was kept, he did not know it by me—that drawer was always kept locked—besides the cash box there were some caps, and other articles of apparel in that drawer, things that were in wear—the drawer was never opened but when my mother came—she never opened the drawer while the prisoner was there—I knew my sister had a little money there; I did not know how much—on the evening of that day my gown and shawl were hanging up stairs—when I came in from the back yard between 5 and 6 o'clock, the gown and shawl were in the passage—I heard the front door slam—my mother was in the back room with me—I came in and saw these things in the passage—I ran outside the door and saw Mrs. Cable—I saw no one besides her; she came to me, and made some communication.
Cross-examined. Q. Your mother is paralysed? A. Yes; she can walk but very little; she is 100 years old—I and my mother were in the back room—she is able to walk from one room to another, and so is my sister Ann—she is paralysed, but she attended the police-court—she was in the front room sitting down at the table when I had seen her previously—her hands are so bad she cannot use a needle—she was looking at a piece of newspaper—I went in the room after I found out this—I found the cash-box was gone—the drawer had been forced open, and was left wide open—it had been forced, because the bolt was up—the prisoner had not been down for a month before—he did not come very often—I know where Mrs. Pateneall lives—she has a shop with greengrocery—I saw the prisoner down at Plaistow on Sunday, 29th May—I have several nephews and nieces.
COURT. Q. Do you know the niece who married the prisoner? A. Yes; she has been down there several times—she has been married 2 or 3 months.
MR. LILLEY. Q. Don't you recollect it was in the year 1857? A. I know they have been married some time; it may have been in August, 1857—his wife has been to see us once since their marriage.
ELIZA CATHERINE CABLE . I am the wife of John Cable; we live at Albert-terrace, Broadway, Plaistow—I know Mrs. Martindale's house—it is next door but one to ours—I remember seeing the prisoner on the 23d of May—he came out of Mrs. Martindale's house from 6 to half-past 6 o'clock—I was at that time outside my door—I am quite sure it was the prisoner—my attention was drawn to him by the banging of Mrs. Martindale's door when he came out—he passed about two yards from me, and while he was passing I noticed he was putting a box on his left side—I could not see what sort it was, under the coat—it was something packed—I was sitting at my door—he was passing on the same side that I was sitting—I saw his face; I looked up to him—he seemed very much agitated, and he was dirty or dark on his upper lip—he had a black hat on his head; it was something like the one produced—after he had passed, Miss Martindale came out of her house about a minute after the door had banged—I made a communication to her.
Cross-examined. Q. Had you ever seen the person before? A. No; I know it was the evening of the 23d of May, because I took notice of the day—I was at the door at needle-work—it was from 6 to half-past 6 in the evening—I had had my tea—my husband is a carpenter—he had not done work—I had taken the tea to him—he sometimes leaves work at 8, sometimes at half-past 8—I am sure it was past 6—I had left at 5, and had been to West Ham with my husband's tea—I had not been sitting at the door above 5 minutes—my house is on the same side as Mrs. Martindale's—I don't know how far Plaistow is from Hoxton—I saw the prisoner at Plaistow on Sunday, the 29th of May—he came down there, and I saw him; Mrs. Barrow was with him—it was between 6 o'clock and half-past 6 when I saw him on the 23d—it was very likely nearer to half past 6 than a quarter-past—when I saw him on the Sunday after, I said he had shaved, he was darker on the upper lip—he said, "I was at Kingsland that day; do you mean to say that I am the man?"—I said, "Yes"—he left with Mrs. Barrow, and went away—he said over and over again that he was innocent.
MR. METCALFE. Q. You saw Miss Martindale? A. Yes; she came out a minute after I had seen the prisoner—I heard of the robbery almost directly, from Miss Martindale—the Plaistow Station leads to London—the prisoner went down Greengate-street, which leads towards the station—it would take him about 10 minutes to get to the station.
COURT. Q. You say at 5 o'clock you started to West Ham with your husband's tea? A. Yes—it would take me about half-an-hour to go there—I had been home about a quarter of an hour or half an hour when I saw the prisoner.
COURT to SUSAN MARTINDALE. Q. You say this gown and shawl were in the back room up stairs? A. Yes—I had not seen them in that room for two hours before I heard the door bang—I had been sitting with my mother in the back room down stairs about five minutes before the door banged—I had been out a little before, up the village—when I came back I had been up stairs to the front room, but not where these were—I had not seen the shawl and gown in the room for two hours—I had been up to the room three-quarters-of-an-hour or an hour before—when I came in from going up the village I had taken off my bonnet and shawl in the front room down stairs, where my sister was.
ROBERT COX (Policeman, N 60). I took the prisoner in custody on 29th May, on a charge of stealing a cash-box and 400l., and some spoons—I took him to the Hoxton station—he said he was at Kingsland the whole day that the robbery took place.
Cross-examined. Q. Did you go to his lodging. A. Yes, I searched it—I did not find any probate of a will, nor money, nor spoons, nor a Scotch cap—I went by Mrs. Sutton's direction, after she had seen the prisoner.
Job Wheeler was called and did not answer.
MR. LILLEY called the following Witnesses for the Defence.
JANE RICHENS . I am the wife of Henry Richens—we live at 58, King-street, Kingsland-road—I am the prisoner's sister—I recollect his being taken into custody on Sunday, 29th May—I recollect him and his wife coming to my house on Monday 23d—he came about 11 o'clock in the morning—my husband was not at home; he was at work—he works at Mr. Fitch's, in Bishopsgate-street—my brother and his wife came at 11 o'clock in the morning—he did not stay long; he went out and came back at 1 o'clock—his wife was in the meantime at my house—when he came back he had his dinner in my kitchen—I and his wife dined
with him, and my three children—the eldest is five years old—he staid at my house and had his tea—he went out again at 8 o'clock in the evening—we all went out together—I have one lodger, Mrs. Woodyer—I have four rooms and a kitchen—we returned home at 10 o'clock, and I found my husband in the house.
Cross-examined by MR. METCALFE. Q. Have you only that one lodger in your house, besides your husband and your children? A. That is all—I don't know why it was the prisoner came on the 23d—he was often at my house, and his wife came too—I can't remember what day he came before that—it might be a month before—I can't remember the day he came after that—he might have come, but I don't remember it—I do not remember any other day that he came, except that 23d—they were often at my house—I know he did not come during the week from the 23d to the 29th—I went to his house—he was out during that week—I don't know where he went to; he did not come home till the Saturday night—I believe he left on Tuesday—I live about twenty minutes walk from him—the Shoreditch Railway-station is not much further—I could walk it in twenty minutes—while he was in my house, from 1 o'clock till 8, he was nursing my baby part of the time—he very often comes and stays from 1 o'clock till 8—he stayed there that night—during the time he was there my lodger came in, while we had dinner at 1 o'clock—she passed through—she came down again at tea-time—at 5, or between 4 and 5; she did not stay a minute; she did not take tea with us—she did not come down again—I went out of the kitchen; I went into the parlour—I did not go up stairs at all—my bed-room is down stairs—I don't know how many times I left the room; I am out of the kitchen many times with the children—I was sometimes in the kitchen, sometimes in the parlour, and sometimes in the garden—I was doing needlework—my attention was not more taken with my needlework and my children than with my brother—he came in the kitchen many times—I did not see a person of the name of Wheeler there that day—I don't know him—I know some of my brother's companions, but he did not bring them to my house.
MR. LILLEY. Q. Were you examined before the Magistrate? A. Yes—my attention was first called to Monday, the 23d, on the Sunday afterwards—at that time the prisoner was not in employ—he went after work—my house consists of four rooms—we could hear from one room to another—Mrs. Woodyer has the two rooms up-stairs, the back and front—it was not possible for the prisoner to have gone out of the house between 1 and 8 o'clock without my knowing it—he did not leave.
ELIZA WOODYER . I lodge at Mr. Richens'—I am a widow—I have lodged there about 7 months—I occupy 2 rooms on the first floor—there are 4 rooms in the house and a kitchen—voices are easily heard all over the house—I recollect seeing the prisoner at Mr. Richens' on Monday, the 23d of May—I saw him about 4 o'clock in the afternoon—I know his wife—I heard him there about 11 o'clock in the morning—I heard him between 11 and 4 o'clock—I heard his voice about 1 o'clock in the kitchen—when I saw him at 4 o'clock he was in the front parlour, lying on the couch—I did not see him afterwards on that evening—I heard him from that time occasionally up to about 8 o'clock—I heard him perhaps half-a-dozen times—I had my door open, and of course I could hear his voice occasionally—about 8 o'clock I heard the prisoner and his wife and his sister and the children go out—I did not go out between 1 and 8 o'clock—I was examined before the Magistrate.
Cross-examined by MR. METCALFE. Q. On the 23d you saw him about
4 o'clock? A. Yes—I saw him on the 24th, about half-past 7 o'clock in the morning—he left with Mr. Richens about half-past 6 o'clock and returned about 7—he remained in the house till between 10 and 11 o'clock—I recollect he was there on Sunday, the 22d of May—I was there that day—I don't know whether he was there on the Saturday—there was nothing particular that attracted my attention on the Monday—I should not have noticed it till the following Sunday, when he was taken—I don't know Wheeler—I am not aware that I have seen him here—I have not seen a person who was attending as a witness—I don't know how long it is since the prisoner has been in any employ—he is a French polisher—my attention was called to this on the 29th—I am able to say positively I saw him on the 23d—I think I could walk from our house to the railway-station in half an hour—to the Kingsland station it would take me from 20 minutes to half an hour to walk.
HENRY RICHENS . I am in the employ of Fitch and Son, cheesemongers, in Bishopsgate-street, and have been so upwards of 3 years—I live at No. 58, King-street, Kingsland-road—it would take 10 minutes or a quarter of an hour to walk from my house to the Kings and station—on returning home from my employ on the night of 23d May, I did not find any one in my house, but about 10 o'clock the prisoner and his wife and my wife and children came in—the prisoner and his wife slept that night at my house—on the following morning I left to go to my employ about 10 minutes past 6 o'clock—I went accompanied by my brother-in-law, the prisoner—he went with me as far as Worship-street—he went for a walk—I have known him for 5 years—he has borne a good character for honesty—I did not see him again till the following Saturday night at half-past 11—on the Sunday evening I went with him to Mrs. Button's—as we were going we met Richard Spencer; he said he was looking after my brother, meaning the prisoner—we all three went to Mrs. Sutton's—she said to him, "You did not come round in an hour, as you promised"—he said, "I was not coming through the rain to please you"—she said, "You scoundrel"—he said, "I don't know about being a scoundrel; I am as good as you"—she ran at him, caught him by the collar, and put his head over his left shoulder—the prisoner said, "If you do that again, Mrs. Sutton, I shall knock you down"—she said she would punch his b—y head—she did not say anything about the charge—when we got in the house, the prisoner said, "Now I have come round, what do you want me for?"—she said, "You know all about it, you scoundrel, you know all about it; you came to me before you married my niece, and asked me to be responsible for a loan of 10l. which I refused, and you married my niece only because you expected some of my money"—after that the policeman came, and she gave him in charge—the policeman cautioned her—she said, "I don't care; I have got money"—she then went down to the station—he said, "I have been down to Plaistow. this morning, and I can't afford to lose my time to go down again to-morrow unless you pay me for my time"—when she spoke about the loan for 10l. I said, "We are not come round to discuss old grievances; what is it you want with Isaac?" and she ran up to me—I told her she was not conducting herself like a lady, if she would sit down, and be more calm, we should be able to understand what it was she wanted—the prisoner said he had been down to Plaistow that morning, and he was willing to go to-morrow if she would pay him for his time.
Cross-examined. Q. You did not see him on the 23rd of May? A. I saw him come to my house in company with my wife—I believe he wore a hat, but I can't quite say I never saw him in a cap—I have seen him in a cap
—I have never seen him in a Scotch cap; a cap without a peak in front—he wears a cap with a peak—I was present when his house was searched—I believe there was a cap found by the constables—I have not seen him in possession of a cap without a peak—I did not take notice whether he had the same dress on the 23rd that he has now—he was out of work at that time—I don't know where he had been at work previously—he might have been at work the week before—he was French polishing for different people—I can't say how many days work he had in the previous week—I can't tell when he was there before the 23rd—I can't say whether he was there on the previous day, or whether he was there afterwards.
MR. LILLEY. Q. Are you able to say positively whether you have seen him with a cap with a peak. A. I have. I have never seen him with a Glengarry cap—a French polisher goes about working for different masters.
CHARLES TURNER . I am a photographic artist, and live in Crosby-row, Walworth—on Tuesday, 24th May, I saw the prisoner about midday—I saw him in the Walworth-road—he was at that time desirous of employ—in consequence of something that passed he went with me to Southampton—we started for Southampton on Wednesday afternoon, and returned on Thursday morning—from the time he came to me on Tuesday, he remained with me till Saturday—he was in my house—I was going to Southampton respecting some property of my wife's—between the Thursday and the Saturday I was teaching him my art—he slept close by me at a coffee shop—he borrowed from 5 to 6 shillings of me till such time as he returned home—I have known him four or five years—I was a French polisher—during the five years I have known him he had an excellent character.
Cross-examined. Q. Who paid for the fare down to Southampton? A. Himself—I can't say with what money he paid—my own fare was 5s. 6d., and the same back again—when at Southampton we lived at a house in Oxford-street; I don't know the sign of it—I paid my own bill, and he paid his—he did not pay me anything for teaching him my art—it so happened that he came to me and I was going down to Southampton—it was five years before that I had worked with him, but I had seen him frequently—I suppose I had seen him some three months before—he called on me that day, And it so happened I was going to Southampton—I have been in the photographic line upwards of four years—when we got to Southampton I inquired for the party I went down to see, one Mrs. Locking, about a will—the prisoner was in my company—I am not aware that I went anywhere else—the train did not arrive till seven o'clock, and I had not much time—on the Tuesday before we started the prisoner was in my company—he slept at the coffee-house that night, and we went the next day—the prisoner was going to Southampton to get work; but in going down he said he wished to learn my business—I said I would teach him—he said he would be much obliged to me; and he would not seek for work at Southampton, but would return home with me—on the Tuesday evening he was in ray company till it was his bed time—we were talking, I suppose—I knew he had a wife at home—he told me he was going to seek for work, and he intended to return on Saturday, whether he got work or not—I can't say whether we went to any public-house on Tuesday evening—I did not play at cards or bagatelle there or at Southampton—I have been living in the house I now occupy about 12 months—I have been living in the Waterloo-road 7 years—I worked at Mr. Fisher's till I got into the photographic business—when the prisoner came to me he had a black hat on.
MR. LILLEY. Q. Do you know what the amount of the bill was in the
country? A. No—the prisoner told me about raising some money on a watch-guard—I think that was after we came home from Southampton—I have been in the photographic line 4 years, and during that time I have been my own master—I lived in Waterloo-road 7 years, and have had an establishment in Walworth-road about 6 months—I have found the photographic art a flourishing business—I am able to support a wife and 9 children.
RICHARD SPENCER . I have known the prisoner about 7 years—during that time he has had a very good character—on Sunday, 29th May, Mrs. Sutton sent for me to her house about seven o'clock in the evening—in consequence of what was said I went out to seek the prisoner—I met him and his brother in-law, Mr. Richens, on Kingsland-bridge—I accompanied them to Mrs. Sutton's house—on the prisoner entering, she accused him of the robbery, and became very indignant, and very angry words passed—she attempted to strike him several times—she made a rush at him to punch his b—y head, as she said—he said, "There are more persons in the world to be accused than me"—she said he was the man that did it, but there was another nephew, Tom, in it, and he should be taken to-morrow—the prisoner said he knew nothing about it—he mid he had been down to Plaistow on Sunday morning with Mrs. Barrow—Mrs. Barrow said she had been down there with the prisoner, and 2 women had seen him, and thought he was hardly dark enough—I am no relation of the prisoner.
Edmund Moore, a French-polisher, in Hoxton, and Samuel Thomas Brown, a cabinet-maker, gave like prisoner a good character.
GUILTY.— Recommended to Mercy by the Jury on account of his previous good character.—Judgment Respited.
Before Mr. Common Serjeant.
MR. LEWIS conducted the Prosecution.
SAMUEL GREEN . I am a shipwright, of Joseph-street, Woolwich—the prisoner lodged in my house for about 14 months—I have a daughter, named Ann, who was born in February, 1844—I have the certificate in my pocket—I did not give the prisoner permission to take her away—she was always under my custody and care up to 26th May—the prisoner has not spoken to me since about his marriage with my daughter—there is a letter here which is in the prisoner's writing—when I found that my daughter was married to the prisoner, the parties in the house whom he lived with, turned him out of the house—he did not lodge with me.
Cross-examined by MR. DOYLE. Q. Have you seen the prisoner write? A. Yes; this is his writing. (Read). "I, Thomas Bailie, do, this 23d day of September, 1858, by hand, heart, and word, and by a most sacred vow in presence of Almighty God, and all Heaven and earth, and in the presence of this crucifix, which is blessed, pledge myself; if we are both permitted to live, to become the lawful husband of you, Ann Green, whom I love dearer than
I love my life, at whatever time we both shall fix or be most convenient to us; and should you be separated from me by death, and that you should prove faithful to me, I shall never marry another woman beside thee, whom I love so tenderly. I therefore look upon thee from this day forward as the partner of my days, and as a token there of I give thee my hearth and hand, and this lock of my hair, together with my handwriting, to remain with thee for ever. Whatever shall come to disturb us, this sacred promise is always to keep us faithful to each other; no matter what parents, friends or the world will say or do; and should we be separated for any time, or by any chance, we must always bear in mind this sacred promise of love and affection, never to be broken, which we have made this day, and correspond with each other if time and opportunity should permit; at the same time, I expect from thee that thou wilt make no acquaintance with any other man but me, that love thee; and if we have any cause to be offended in each other, we must at once reveal the mystery and make peace, always loving each other, if possible, as we now do; at the same time, we must not hear each other spoken ill of; that we must put each other on our guard against harm or slander, and keep our secrets from others. I humbly hope that this great vow will be kept unviolated; and any unconscious violation we both can forgive by confessing it to each other, otherwise the guilt shall be on the head of the offending party; riches nor anything under the sun must not cause any of us to violate this vow, which we have unanimously made this day, and ever may God bless our union. I am, dearly beloved Ann, your's for ever, THOMAS BAILIE." The prisoner is more than 26 years old—I only know his age from others—he worked last in the Royal Arsenal, Woolwich—he has been a very badly conducted young man; there is no worse—he is a most audacious drunkard—I have seen him frequently coming into my house in the most awful state of intoxication, using the most awful language that a man can express—he was discharged from the dock-yard for drunkenness, and I went to try to get him back, but could not—I went to the Royal Arsenal to try to get him employment, and when he was starving in my house I gave him bread—since he left the Dockyard he has been employed in the store-keeper's department, but has been discharged—they take men on and discharge them every week—I knew nothing about the marriage till the 9th of June—the girl was living with me in May, and still lives with me; she assists me in housekeeping—her mother is living and living with me, but is not here—my daughter continued her duties just the same; we never knew what had transpired.
WILLIAM JACKSON . I am registrar of births and marriages for the district of Woolwich—I produce a certificate of a marriage without license on the 26th of May, at which I was present, between the prisoner and a girl named Ann Green, at the Roman Catholic Church, Woolwich—that is the girl (pointing to her).
Cross-examined. Q. Is it a licensed chapel? A. Yes.
MR. DOYLE submitted that the girl was not taken out of the father's possession as contemplated by the Act, she not being taken away in the body, never going away from the father's house, and still being under his control; that it was only a secret marriage, and could not be strained into an abduction.
THE COURT considered that it was impossible to say that the girl was in her father's possession though she was in his house, because she was in the lawful possession of her husband, and her father never could have-possession of her in the same sense as he had before her marriage; the distance she was taken, and the time she was kept away, was immaterial: her husband having power to take her away whenever he liked, and her whole relationship to her father being altered by her marriage; possession did not mean having anything in your house or your hand, but having a legal right to it.
MR. LEWIS stated that the prisoner had attempted to corrupt the mind of the girl and her 3 sisters by giving them a copy of Aristotle's works, which he produced, and that he had contributed nothing to his wife's support.
Confined Twelve Months.
BENJAMIN JOHNSON . I am a watchmaker of Powis-street, Woolwich—on Wednesday afternoon, the 22d of June, about 2 o'clock, the prisoners came to my shop—Fermain said, "Have you any cheap watches, for" sale?"—I said, "Yes," and pulled one down from the glass case at 25s. and handed it to Fermain—they looked at it it, and Bucklow said, "You had better have something better, about 50s."—I took one from the window at 55s., and while bargaining for it, Bucklow sent his arm through my glass case on the counter, and broke it, which took my attention from my watches—Fermain agreed to take the watch at 50s., and Bucklow asked the price of the glass; he said that he had not got the money, but would go and fetch it—he went out and did not return—in about 5 or 10 minutes Fermain said, "I will go and seek him, and went out—I missed the silver watch at 25s. which was on the glass case—I went out to seek him and could not find him—I returned, saw a policeman, and gave information—I have never seen the watch since—the prisoners are the men.
Bucklow. Q. Was I intoxicated? A. A little—my wife was referred to as to whether the glass cost 10s. or 7s. 6d., but she could not remember—when I charged you with not coming back, you did not say "I have not got the money yet."
COURT. Q. What time was that? A. About three quarters of an hour after he left—I said, "Why did not you come back"—he seemed surprised, said that he had not been out of the house for 3 days, and pretended to know nothing at all about it—I went out and told a constable who went in, but he was not there, he had hid himself—I went in again, and there he was—the police went in, and we followed him into a closet, and I said that is the man—he still denied being out of the house for 3 days, but afterwards assigned as a reason for not coming that he had not got the money.
Fermain. Q. Did I give you the 15s. watch back again? A. No, you were trying to escape at the Uncle Tom's Cabin—you did not deny yourself, but Bucklow did—I did not give you in custody; I wanted to see if I could get my property without—I gave you in custody at the station.
JAMES TRENHAM . I live at North Woolwich—on 22d June I saw the prisoners at the Shakespeare public-house at the corner of Beresford-street together—Fermain had a silver watch—it was about eight or nine minutes after the Arsenal bell had rung 2 o'clock—they offered it for sale for 30s.—there were five civilians there, and an offer was made directly—a sovereign was mentioned by one man, who wanted to hold the watch—Bucklow said, "Are you a buyer; if so, say so; if not, we are going to shut the watch up?" and disappeared behind the bar—they went away after stopping there a minute or two.
Bucklow. Q. You swore at Woolwich that you saw me at 3 o'clock, whereas I was locked up before half-past 2. Witness. I said between 2 and 3
o'clock—on further recollection I remembered that the bell rang 2, and I knew it to be shortly after that—you were intoxicated.
Fermain. Q. Was I offering the watch for sale? A. Yes, you stood up—I am quite sure you are the two men—it is not a minute's walk from the prosecutor's shop to the Shakespeare.
CHARLES WILDERSPIN (Policeman, R 296). I received Buck low in custody at Uncle Tom's Cabin—the prosecutor pointed him out to me in a water-closet at the further end of the tap-room—I said that he was charged with another named Fermain for stealing a watch from the prosecutor's shop—he said, "I have been in the shop, but I know nothing of the watch—I am innocent of the case"—I took him to the station and found on him 2s. 1d. in money, a knife, two straps, and a tobacco-pipe—about two hours afterwards I went in pursuit of Fermain, with two brother constables, and took him in Rodney-street—I told him he was charged with stealing a watch—he said that he knew nothing about it.
Bucklow's Defence. After I was taken in custody this man was allowed to go for four hours. He owned to having the watch after I left the shop and returning it to the watch-maker.
Fermain's Defence. The watch was never in my possession. I was bargaining for a watch at 55s.
BUCKLOW— NOT GUILTY .
FERMAIN— GUILTY .— Confined Six Months.
MILLS— PLEADED GUILTY .**— Confined Two Years.
CHARLES WATSON . I am shopman to Mr. Triggs, boot and shoe maker, of 2I, London-street, Greenwich—on Tuesday, 21st June, the prisoners came—Mills asked for a pair of boots at 2s. 6d—I could not fit her at that price, and said that I had some at 2s. 9d.—she said that she only had 2s. 6d.—Chandler said that she would lend her 3d.; she had better have a pair to suit her—I saw Chandler trying to put a pair of boots into a large slit in her petticoat—I think she had her dress up—I turned to get some more boots—they said that they could not get suited, and if I would give them a handbill they would call again on Saturday night, and choose a pair of more expensive boots—they went out and I missed a pair of boots—I went after them, brought them back, and Mills dropped the boots from under her arm on to the floor—I said, "I think you have come into the shop for the purpose of plunder; have you any money about you?" and they both confessed that they had not a farthing.
GEORGE HENDERSON (Policeman). I took the prisoners—they heard the charge preferred against them at the shop, and Mills said that if they would forgive her she would never do it again—Chandler said that she had no idea Mills was going to steal the boots or she would not have gone with her.
Chandler's Defence. I was not aware that she was going to take the boots.
CHANDLER— GUILTY .— Confined Four Months.
MR. DICKIE conducted the Prosecution.
had got? he said "A rabbit"—I asked him where he got it—he said "that he should not tell me"—I said "You must go to the station unless you satisfy me"—he said "I can go there"—I took him there, and he said that he bought it of a man in a public house—I asked him whether he knew the man—ho said "No; he was a stranger to me; I gave him 2s. 6d. for it; two men, named Orris and Burnell, saw me buy it"—I went to the George public house and made enquiries—I found a live rabbit in the basket which the prosecutrix identified, and it was with young.
AMELIA PEARCE . I am a widow—I live at Lewisham—I had a tame-rabbit, in a hutch in my yard—it was safe on Saturday night at half-past 12, and the policeman showed it to me next morning—I heard a noise about 1 o'clock, and heard footsteps jump into the yard, and the dog barking—I called to the landlady, but could not make anybody hear—I missed it before the policeman brought it—I know the prisoner by sight, but that is all—I expected the rabbit to kennel every day.
Prisoner's Defence. I can swear I bought the rabbit at half-past 9 at night, and have witnesses to prove it who came to the police station, but the policeman said that they were not wanted.
He was further charged with having been before convicted.
GUILTY.**— Confined twelve months.
MR. LILLEY conducted the Prosecution.
JAMES WESTBROOK (Policeman, R 114). On June 23rd, about 11 in the morning, I was on duty at New Cross, Deptford, and saw the three prisoners, with another lad not in custody—I watched them to the Broadway, Deptford, about half a mile, and watched them opposite the prosecutor's shop, three quarters of a mile; sometimes one was opposite, sometimes another—I saw Welch about five yards from the shop, coming out—he crossed the road to High Street, and had this bundle in front of him, partly covered with his handkerchief—I had seen him five or six minutes before, and he had nothing with him—the other two were on the opposite side of the road, playing about the posts, but looking across to the shop—Welch went across High-street, and the other two on each side of him; he had his arms on their shoulders, and when he had gone a few steps, the print was passed from Welch to Caldon, and they went to the first turning and went off—I had a sergeant of artillery with me, and I fancy they saw us, for they commenced running—they went up a blank turning—the sergeant went one way, and I the other, and when they could not get out, they got on to some waste ground, by some empty houses, and we met them running with their coats off, and took the three of them, after some scuffling, and found the print a few yards off, behind some palings, in the direction in which they had come, wrapped up in this handkerchief—Caldon said "Give me that handkerchief; it belongs to me," and tried to snatch it from me, but the sergeant would not let him have it—they were so riotous on the way to the station that I had to get a boy to carry the print—I said "Bring it along my man," and Davis said, "Chuck it away, don't bring it."
Caldon. I never asked for the handkerchief; it does not belong to me. Witness, You did.
JOHN FLETCHER . I am a sergeant of the Royal Foot Artillery—on 23d June I was with Westbrook, and saw Welch cross the road with this parcel—I saw the prisoners turn down the first turning in High-street—I pursued-them, and helped to take them—I saw the print found—it was handed to me, and Caldon made a snatch at the handkerchief, and told one of the other prisoners to pawn it.
WILLACE DURRANT . I am foreman to John Alnutt, a linendraper of Broadway, Deptford—I went to the entrance of the door, and missed this print from the lobby—I know it by the private mark and the pattern.
Caldon's Defence. A gentleman gave Welch the parcel to carry, and he gave it to me to carry while he tied up his boot.
Davis was further charged with having been before convicted.
JOSEPH STURT (Policeman, R 87). I produce a certificate. (Read: "Greenwich Police Court.— Samuel Grant, convicted September, 1858, of stealing cotton print.—Confined Three Months.") I was present, and had him in custody. Davis is the person.
GUILTY.**— Confined Eighteen Months.
CALDON**— Confined Eighteen Months.
WELCH— Confined Twelve Months.
Before Mr. Recorder.
694. GEORGE FLETCHER (16). JOHN ARCHER (15), and HENRY THOMAS (17) , Burglariously breaking and entering the dwelling-house of James Archer, and stealing 2 coats and other goods, value 20l. his goods.
JAMES ARCHER . I am a gentleman, residing at Woodland terrace, Greenwich—on the night of 21st June I retired to rest about 12 o'clock—I was disturbed about 3 o'clock in the morning—I heard a noise in my house, and opened the door to see what it was—I saw 3 persons standing on the landing outside—I had no weapon in my hand, and I rushed to the fire-place for the poker, and when I got back again they were rushing down stairs—from the glimpse I caught of them, the prisoner Thomas is very like the figure of one of them—on examining my house, I found that the back door had been opened, and a quantity of property tied up ready to go away—in my wife's dressing-room there was a box opened, and a quantity of dresses and Shawls moved—there were 3 keys missing belonging to Mrs. Archer—these are the keys (produced)—they were safe the night before—there was a neckerchief lost; I do not identify it—this is the silver ornament (produced)—it was taken off the chimney-piece—my servant shut up the house—she knows whether it was properly secured—I found an instrument to open windows, and I found an old handkerchief on the top of the water-closet—if any one wanted to get in there, they would have to open the window—the water-closet door is always closed, it closes with a spring.
Thomas. Q. I suppose if there had been anybody else here like me you would have said it was him? A. I only say that it was like your figure.
MARTHA TALL . I am servant to Mr. Archer—on the night of 21st June, about 3 o'clock, I heard my master call out that thieves were in the house—I got up, and went down stairs—I saw no one—I saw some dresses lying at the dressing-room door; I also saw some boots down stairs tied up—I know this neckerchief (produced); it belongs to my mistress—I went over the house before the family went to bed the night before, and saw it all closed—the water-closet door was shut; it was not locked; it was shut
with a latch—the kitchen and-pantry were open—in the pantry there were several pieces of calico lying on the table—the windows were fast in the kitchen—the door that led down the kitchen-stairs was open—you could approach the water-closet from the back part of the premises—all these were inside doors—there was a paling surrounding the garden, and a well at the bottom of the garden.
COURT. Q. Was that silver ornament on the drawing-room chimney-piece? A. It was.
ALEXANDER REDDICK (Police constable R 204). On the morning of 22nd June, I was on duty in the New Cross Road, in plain clothes; I saw the prisoners about 7 o'clock in the morning, coming down the road—that was, about a mile and a half from the prosecutor's house—I did not speak to them at first—two of them were without coats, and one had a Guernsey shirt, and American goloshes or over-shoes—I came up to them, and said I thought they belonged to some ship—they said "No; we have been out for amusement, on a stroll"—I said "I must see what you have about you"—I searched Fletcher, and found on him these three keys, and a single key—I asked him how he came by them—he said he had found them—I then searched Thomas, and found on him this neckerchief—I asked him how he came by it, and he said "I picked it up"—I gave it him back again—while I was searching Thomas, Archer stepped out into the road—I said "Don't you run away, I want to see what you have got"—he bolted directly, and threw away this silver ornament—I saw a man pick it up within twenty yards of where we were—I had not got time to recognise Archer's features, but I can swear to the others—I did not take them at that moment—I saw them next when I was brought to identify them, I think it was on Thursday; this occurred on Tuesday night—I saw Thomas and Archer—after I gave the neckerchief back to Thomas—he dropped it, and I saw a civilian pick it up, and he gave it to me—I brought Fletcher to the station afterwards—I asked him where he slept, he said at his father's—I went there—when I came back he said "I acknowledge that I told a lie; I slept at the Bell Alley lodging house; go to Martha, and she will confirm what I have said"—I went there—I said to the prisoner afterwards, "No one knows you, and you did not sleep there, "he made some remark, he seemed to say that Martha did not recollect him, but some other person did—Martha lives at the lodging house; she receives the money, &c.
Fletcher. Q. What dress had I on? A. A similar dress to what you have on now—you had no coat—you had goloshes on—I recognise you by your features—I did not take a comb away from you.
MR. BROWN. Q. Will you swear to that prisoner? A. Yes.
Archer. Q. When you came to Horsemonger-lane you stated that I was the person, did you not? A. I said to the best of my belief you were the person—I swear to you by your height and manner.
Thomas. Q. Did you at first say you thought I was the person, and then say you were sure I was the person? A. I said you were the two parties who were at the burglary, directly you were brought in—I said that I had taken the neckerchief from your waistcoat pocket.
Prisoner. I have not worn a waistcoat for 18 months.
COURT. Q. Who did you take the neckerchief from? A. Thomas—I never said I took it away from either of the other prisoners—I said that Thomas threw the neckerchief away, and Archer threw the ornament away.
of Woodland terrace, on the 22d June—I was walking at the back of the terrace, and I saw three men running from the backs of the premises; they were coming from the direction of the prosecutor's house—they came from the back premises of No. 3; that is next door to Mr. Archer's—they jumped over two railings about 12 or 14 yards apart, then ran across a field of wheat, and jumped over a hedge—I followed them a little way, and then lost sight of them—one of them, I think, was without shoes, and one had goloshes on; one had a Guernsey on; one had a coat and the other had no coat at all—this was about half-past 3—this terrace is about two miles from New-cross.
WILLIAM MARSHALL . I live in Trafalgar-road, Greenwich, and am a wheelwright and smith—on the morning of 22d June last, I had the care of some fields near my residence—these fields adjoin a by-road which leads to Woodland-terrace—I saw three persons in the fields on this morning, about half-past 5 or twenty minutes to 6; Archer was one of them—I don't think they had coats on; I can't say exactly—I waited at the gate of the field till they came up—I asked them what business they had in the field, and they said they had been nesting—I positively identify Archer—there was no public thoroughfare through the field; it was a by-way—there was no proper way—they could come that way direct from Woodland-terrace by trespassing.
Archer. Q. What day was it. A. The 22d, Wednesday—I don't identify you exactly by your blue Guernsey; I have seen your face in Greenwich—I believe Thomas said you had been nesting.
JOHN WILLIAM CROUCH (Policeman, 118 R). I hare been investigating this case—on Wednesday week last I received some information of the burglary, and on Thursday I went to the gaol, and there saw the three prisoners—suspecting them to be the men I went on the following morning to the gaol; Reddick accompanied me—I told the prisoners the charge, and they said nothing—I did not know either of the prisoners before.
Fletcher. Q. Did you not produce a comb the next morning. A. I did, with the name of H. Fletcher upon it.
Archer. Q. When you came to Horsemonger-lane, did you not try the coat on, and say, "That would fit a man and not a boy." A. No
ALFRED MOORE (Policeman, M 260). I apprehended Fletcher—I told him he was wanted, for a robbery at Blackhealth—he said he would not come to the station; I took him there by force—he said he was not there.
Fletchers defence. I am not guilty—I have a witness outside, I think.
Thomas's defence. I know nothing about it.
Witnesses for the Defence.
JEREMIAH FLETCHER . I live at No. 3, Bull's Head-court—I believe my son to be innocent—I can swear that he never had his coat off his back—he has had that coat for six months—he was at my house a few minutes before 7 in the morning j he then had his coat on—he does in general live at my house—he was in the company of my brother-in-law all that time—I saw him in the afternoon, about 3 o'clock, and he was in my house at 11 at night—he left then by himself—there is a witness here who saw him between 11 and 12—I did not see him from that night till 7 o'clock the next morning.
top of the Mint-gate—I went with him to have a drop of beer, and we then went to Suffolk-street—it wanted about a quarter to 12—I went down with him again to the Mint-gate, and saw him go indoors—I then went home.
HANNAH MORE . I am servant at a lodging-house, 42, Mint-street—this young lad, Fletcher, came to our place on 21st June, about 12 o'clock, and asked me if I had room for him, I said, "Yes," and he paid me 3d.—I know no more—I did not see him the next morning—I don't know what time he left our house—he could go out without my knowing anything about it.
WILLIAM HARRISON . I am the brother-in-law of Fletcher—I met him the morning he came out of prison, the 21st—he stayed in my company all that day—the next morning he came to me about 7—we went to the Borough Market together—we went to work together that day—the next day I was told by a man that he was in custody.
SARAH LEOPARD . On the Wednesday before this Thomas was at my house, at one o'clock; he had some dinner, and left about a quarter to 3—I asked him where he was going—he said, "In search of work"—he was taken on the following day—I never heard anything of him from the time he left the house—he slept at my house always till about a week before he was taken.
COURT to ALEXANDER REDDICK. Q. You did not know Fletcher before? A. No; I saw him two or three days afterwards at the prison—I saw him also at the station, no one else was there—I went there to see if it was the person—I heard that a person bearing the name of Fletcher was taken, before I saw him—I heard that a person bearing the same name that was found on the comb, had been taken.
FLETCHER— NOT GUILTY .
ARCHER and THOMAS— GUILTY .
Archer and Thomas were further charged with having been before convicted.
EDWARD SMITH (Policeman, P 378). I know the prisoner Archer, he was convicted by the name of George Allwright—I produce a certificate (Read: "Newington, September, 1856.—George All wright, convicted of house-breaking—Confined Two Months ")—the prisoner is the person.
CLEMENT NOSBY (Policeman, P 147). I produce a certificate, (Read: Newington, 4th July, 1859.—Henry Thomas convicted of larceny—Confined Fifteen Months")—I was present at the trial—the prisoner is the person.
ARCHER—GUILTY.**— Three Years' Penal Servitude.
THOMAS—GUILTY.**— Three Years' Penal Servitude.
MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
GUILTY .— Confined Nine Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Four Years Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Three Months.
698. JOHN ANDERSON (33) , (a soldier), Burglariously breaking and entering the dwelling-house of Thomas Silverthone, at Woolwich, and stealing therein, lib. of tea, 19lbs. of bacon, and 6 shirts, his property; to which he
PLEADED GUILTY .— Confined Six Months.
699. FRANCIS CONNOR (25) , Embezzling the sums of 3s. 2d. 3s. 4d., and 5s. 3d., of Charles Smith Miller, his master; also the sums of 3s. 4d., 2s. 10d., and 5s. 2d., of his said master; to both of which he
PLEADED GUILTY .— Confined Three Months.
Before Mr. Justice Wightman.
MESSRS. CLERK and BEAZLEY conducted the Prosecution.
EMMA HARLE . I am the wife of William Harle, of 23 Trafalgar-row, Walworth-road—the prisoner and his wife lodged in our house—they occupied the first floor, and I occupied the lower floor—there was no one else lodging in the house—on Monday evening, 23d May, I came home between 8 and 9 o'clock—the prisoner was at home; his wife was not—he went out shortly afterwards—she came home to the best of my recollection about 10 o'clock—her mother and father came with her, and a little girl, a younger sister—they came into my room and asked if I would allow them to sit down and rest awhile; and they stopped there until half-past 1 in the morning—the prisoner did not come home again until after they were gone—in the meantime, the prisoner's wife left my room, and went up-stairs to her own room and fetched down a few things, some trinkets and clothes, and asked my permission to let them stay there until the morning, as she was afraid they would be sold to the brokers—(I had been informed when I came home between 8 and 9, that there was a broker in the house)—she had to break open the room door in order to get in—the brokers were not there then, they went away soon after I returned, about 9 o'clock—I heard the prisoner lock the door a few minutes afterwards, and he came down stairs and went out—no other person that I know of, had been in the house after the brokers went, before I heard the door locked—when the prisoner's wife came down with the trinkets, she remained in my room until the prisoner came home; that must have been about a quarter to 2—it was shortly after the mother and father had left—I had no clock in the house—the prisoner had a key; he could not get the key in the door and I went and opened it—he apologised for leaning against the door, and I said "I beg your pardon Mr. Moore, perhaps I have given you the wrong key"—he thanked me and went tip stairs—he came down again, knocked at the door, and asked me to give him a light—I went to do so—he came partly into the room, and my husband said, "Walk in Mr. Moore," and with that he saw his wife sitting on the sofa—he said, "Oh, are you here?"—she did not make any answer but looked round, and she was crying—he said, "Well, this will be the last night you will be here, and to morrow the children are going away where they will be taken care of," or, "well done by"—those were two children by his former wife who were living with the; mthey were then up stairs in bed in the back room; one is about
twelve, and the other eight or nine—he then rather took me to task about the children, and asked why I had taken the unwarrantable liberty of putting them out of the room, and said, "To morrow I will pay you your paltry rent that I owe you"—there was a fortnight's rent owing at that time—he he asked who broke open the door, his wife answered," I did; who had a better right than your wife?"—he said, "A wife you are in every sense of the word"—he then said to my husband, "As to talking to you, you are a perfect fool; I am a worldly man, and a man such as you I could twist round my little finger and think nothing of"—he then went up stairs and shortly after he returned again, knocked at the door and said, "Mr. and Mrs. Harle, if you harbour my wife in your room this night, I consider you will be both worse than her"—he went up stairs and came down again shortly after, and said, "Mrs. Moore, your place is up stain; there is your room to go to, it is not likely I am going to sleep under the same roof and you sleeping in another person's bed while I am sleeping under the same roof; do you hear Mrs. Moore"—she said, "Yes, I will come"—he said, "If you give the preference to go and sleep at your mother's, I will escort you round there"—he then went up stairs—she made no answer to him—she said to me, "I am afraid to go round to my mother's"—he did not hear that—she followed him up stairs almost directly—I heard nothing more of them during the night; everything was perfectly quiet; we listened to hear—it must have been very near 3 o'clock when she went up stairs, it was break of day—I heard nothing more until I was awoke by Mrs. Moore patting me on the cheek—I think it must have been past 7 o'clock; I was hardly awake at the time—she said, "Good morning, I am so cold"—I was in bed—she was dressed—she staid about two minutes; whether she went up stairs or into the yard I don't know; she went to have a wash—in three or five minutes she came down stairs again and asked my permission to go and get a comb or brush to do her hair—she went into the front-parlour, and hearing the prisoner coming down stairs she popped into the back-parlour again, holding the door in her hand—she was scarcely a second in the front-parlour—he came and knocked at my door, saying, "Mrs. Moore come out of that woman's room, do you hear"—she said, "Yes, I will come"—he said, "Mrs. Harle if you harbour her there, I shall consider you are worse than her; do you hear, Mrs. Moore?"—she said, "Yes, I am coming;" and she went out and went up-stairs again—I suppose hardly three minutes elapsed before I heard her say, "Ah, do if you dare, "attended with an hysterical scream—and she came running down into my room with her hand to her back, saying, "Oh! my back" as well as she could speak—I took hold of her by the shoulder, sat up in bed, and said, "Has he hit you, dear?"—she said, "He has either sticked or kicked me"—I could not be sure of the word; her breath was almost gone, as if a heavy blow had taken it away—she had scarcely breath enough to speak—I went to rub her back and felt something very hot against my hand, and I looked and found it was smeared with blood—I immediately got out of bed—I was very much frightened—I advised her to go out and give the alarm, and call police, murder! and sent my children for Mr. Drew—the deceased went out of the room toward the stairs—I said, "Pray don't go that way, go out into the street and give the alarm"—she then went out at the street door, I don't know which way she went, I was putting on my clothes—I heard the little boy up stairs clap his hands together, and say, "Oh father, father, what will become of you" or "us?"—I won't be certain which it was, but I heard the child crying Bitterly—I
heard nothing said in answer to that—as I was coming from the back-parlour door a man came upon my mat, and said, "Where is Moore?"—I said, "Up stairs"—that was the witness Frost, but I did not know him then—he went up stairs and stopped there five or ten minutes—the prisoner and he then went away together to the Nelson public-house, and I saw nothing more of the prisoner until he was in custody—he did not return to the lodging—I never heard them quarrel, particularly whilst they were in our house.
Cross-examined by MR. SLEIGH. Q. Did you ever hear them quarrel at all before this unhappy matter? A. On the Saturday night I heard a scuffle when the sister was stopping with her to take care of her; that was all—this happened on Tuesday morning—generally speaking he behaved towards her like a kind husband—I never heard him complain that his wife had latterly fallen into habits of drinking—I never saw that she was in the habit of drinking or getting the worse for liquor—on the Monday afternoon, while he was away, I was in her room, and had one quartern of gin with her to drink her health; there was the deceased, her mother, another woman, and myself; the other person did not drink anything—I was not two hours in the room, I should not think it was above an hour, or hardly so much—we only had one quartern of gin among three of us, owing to its being her birthday the day previous; I paid for it—I was not out with her that day, nor ever in my life—I don't know whether she went out—I will be on my oath that she was not in a state that caused her husband to complain when he came home in the morning—as to that night I do not know, for I left her in the afternoon and never saw her again till about 10 at night, when she came with her mother and father—she was not at all the worse for liquor then—I did not hear the prisoner complain of it—he complained once that night, and once in the morning, of my harbouring her—I wanted to know what he meant by the observation, unless it was giving her shelter for the short time that she could not get into her room—he did not say, "Mrs. Harle, it is a shame for you to mislead my poor wife in this manner; she has got into habits which make my life miserable"—I never heard it—when he came down and begged of her to go up stairs, it was not in an affectionate and entreating manner, nor in a particularly arbitrary way; and when he offered to escort her to her mother's, it was not in a particularly affectionate manner—I have no prejudice or antipathy against the prisoner—I was not particularly annoyed at his saying that I harboured his wife—I did not observe that she was the worse for liquor during the whole of the Monday afternoon—I did not observe that she was any way the worse when she was with her mother—I never observed that she was the worse for liquor, either that day or the whole time she lodged with me—I never heard the prisoner say anything about any other irregularities that he challenged her with—he only knocked at my door once on this morning, before she said she would go up—what he said was "Mrs. Moore, walk out of this woman's room; you have no business in there"—he then said, "If Mrs. Harle harbours you in there, I shall consider she is worse than you;" and with that she opened the door directly and followed him up stairs—I remained in my bed till she came down again—I heard her say to him, "Ah, do if you dare;" and that was no sooner said than she was down in my room—I heard the words as she was running down the stairs—I had not heard her speak before that; she only said it once; it was said In a sort of fright, as if it was done momentarily, as she received the blow—the first thing the prisoner said
when he came home that evening was "Who broke the door open?"—when he said she was a wife in every respect, it was said in a friendly sort of way, as if he meant of course she was his wife; that was how I took it—I did not think it meant that though she was his wife, she did not act like one towards him.
MR. CLEARK. Q. You say that on the Saturday before you heard some sort of a scuffle? A. Yes—about 2 o'clock in the morning, upstairs—it was nothing particular—I heard on the Sunday morning that the deceased's sister had come home to spend the Saturday night with her—I had not seen her, for I was very ill in bed all day Sunday—it was about 2 o'clock in the day on Monday, or it might have been between 12 and 1 when I was in the prisoner's room with Mrs. Moore and her mother, having the gin—a quartern was all that was had while I was there—that would be about a glass round for three persons—the prisoner did not come in while we were drinking it—I did not hear him make any observation on the Monday night or Tuesday morning when he came home, about our having been drinking gin in the room—while the deceased's mother and father were in my room there was some gin there, but the deceased did not partake of any, neither did I, but one glass with my husband, her father and mother—I think six-pennyworth was sent for; we drank it among us—the deceased had none—she was crying—the prisoner could not see when he came in that anybody had been drinking there—when my husband began to speak to him he said, "I don't want to speak to drunkards," meaning all of us, I suppose—he did not address it to any one in particular, for he looked on the table at the time—there was only a glass of water on the table—he said, "If you will allow me I will drink a glass of water"—I could see that he was the worse for liquor—I had had no dispute with the prisoner before this day, only once on going up stairs he made use of a nasty epithet—there was no animosity, not the slightest.
SARAH BANTING . I live at 13, Trafalgar-row, Walworth, ten doors from Mrs. Harle's, on the same side of the street—on Tuesday morning, 24th May, about half-past 7, I saw Mrs. Moore in the street, knocking at the door of Mr. Frost, who lives directly opposite me—I went over to her—she was in a stooping position and vomiting blood—I spoke to her, and took her to my own house—I sent for a doctor—before he came I undid a part of her dress and saw a wound on her back under the left shoulder—the doctor came and saw her at my house—I afterwards went with her to Guy's Hospital, undressed her, and left her there—I afterwards saw her there dead.
Cross-examined. Q. While her wound was being dressed by the doctor did any person come into the room? A. Yes; several persons came in—a young man named Yorke came in—he went up to her and she asked me to turn him out, for he was the man that was the instigation of it all—the moment he came in he rushed up to her to see what was the matter, apparently very much excited—he merely went up to the side of the doctor, just as the others did—a great many persons came to the door—he did not go near to her; he leant over my left shoulder as I had her in my right arm—other persons were as near as he was—I did not know who he was—they were all strangers to me.
WILLIAM FROST . I am now living at Camberwell—I did live at 13, Trafalgar-row, Walworth, right opposite Mrs. Banting—on 24th May, in consequence of something I heard, I went across to Mrs. Banting's house and saw the prisoner's wife there—she was bleeding at the mouth; I then went to the
prisoner's house—I found him in his room, standing in front of the fire-place—I said to him, "Bill, whatever have you been doing?"—he said, "Don't ask me no questions, Bill; I am parched with thirst; come and have some beer"—I said, "I am in my shirt and trousers"—he said, "Put on my coat and cap."—I did so, and we crossed the road into the Nelson public-house—when we got there neither of us had got any money, and we went right through the public-house into East-lane; Moore said, "I will go and get some money"—I said, "Very good, Bill; I will see you again presently;" I then left him and went home—he said nothing about himself and his wife as we went towards the public-house—as we were going to East-lane he said, they had had a row, and those were the only words that were used; I think we walked about 100 yards without any word being spoken; he said, "We have had a row"—he did not say who "we" were—I had said nothing to bring those words out—there may have been a word or two more said, but I do not recollect it, not thinking that the man had committed such an act—the word "wife" was not mentioned—all I had said to him previously was, "What have you been doing, Bill?" and when we came out of the public-house into East-lane, he said, "We have had a row"—I did not know at that time that the woman had been stabbed—I have seen a great deal of the prisoner's writing—the signature to this letter, attached to the depositions, is a very good resemblance of his—I should not like to swear to it—I believe it to be his.
Cross-examined. Q. Was it not immediately after you said, "What have you been doing?" that he said, "We have had a row? A. Yes, immediately after we passed through the public-house—when I said, "What have you been doing?" his answer was, "Bill, ask me no questions;" it was when we got through the public-house into East-lane that he said, "We have had a row;" that conveyed to my mind that he meant with his wife—seeing her bleeding at the mouth, I naturally thought it was like most men and wives" quarrels, and that he had been hitting her—I have known him twenty years—during the whole of that time he has borne the character of a well-conducted, peaceable man, and as good, affectionate, and kind a man, as ever walked England's ground, both to his two wives and his children—he was married to the deceased last November—I knew him in all his career, in his courting affairs with his first wife and also the last one—there was no better husband I am satisfied—he has on many occasions complained to me of his wife's habits—I have heard him speak to her as regards cautioning her against doing little acts with friends, as regards drinking and such as that—I have heard him say, "Sophy, I should like to see you abandon this society altogether; here is Mr. Frost I am sure will advise you for your good in every shape and form"—I have heard him speak to her to that effect five, six, or, I might say, a dozen times—at those times his language towards her was that of a gentleman, I considered, rather more kind in manner than I am—I believe him to be a truly affectionate husband—I never heard him say an unkind word to her, or ever address her in a harsh way—I have heard him speak to her about a young man named Yorke—he told me that he had caused him a deal of uneasiness in his mind—I heard him speak to her about him on one occasion—that was in the Rising Sun public-house in East-lane, four or five days before this occurrence; he said, "Sophy, this man causes a deal of trouble on my mind, I want to know candidly and honestly from you the truth of the matter?"—she replied, "Don't bother me about anything of the kind, Bill; don't talk to me about anything of the kind"—he said, "Well, my dear, we will have no more about that subject"—we had a
quartern of gin and separated, and bid one another good night—I was in the public-house when he and his wife came in.
JAMES BROAD . I am house-surgeon at Guy's Hospital—I remember Mrs. Moore being brought there on Tuesday morning, about 9 o'clock—I examined her as soon as she was brought in—I observed an incised wound a little external to the inferior angle of the left blade-bone, about half or three-quarters of an inch in length—she had a great difficulty in breathing—she lived about seventy hours after she was brought to the hospital—she was in danger from the very first—she died on Friday, 27th May—I made a post-mortem examination—the wound had penetrated through the walls of the chest, and about half-an-inch into the lungs—the wound was undoubtedly the cause of death—about an inch or an inch and a half of the knife had penetrated—such a knife as this (produced) would cause the wound that I discovered.
Cross-examined. Q. Did your examination extend beyond the mere local position of the wound? A. Yes, over the whole body—I examined all the viscera, not the head, we very seldom examine the brain unless there are any brain symptoms—I examined the heart; that was perfectly healthy—there was evident cause of death—a person may have a wound which of itself would become fatal, and yet die of apoplexy—you can determine whether that is so or not without examining the head—pressure of blood on the brain in a preternatural quantity would produce death by apoplexy—I could ascertain without opening the cranium whether the brain was in that state at the time of death, because there were no symptoms of pressure on the brain—it is very seldom that persons die from apoplexy within a minute or two, I have never seen such a case—they are never instantaneously fatal—they always linger a certain time—I have never seen it occur in a few minutes—I can only speak from my own experience—I have seen a great many cases—I won't say it may not be so—I never recollect reading or hearing of such a case.
JOHN EWELL (Policeman, P 250). On Tuesday morning, 24th May last, in consequence of something I heard I went to 13, Trafalgar-street, and found the deceased there; she was having a wound dressed—I took her to Guy's Hospital—from what she said I afterwards went to the prisoner's lodging, 23, Trafalgar-street—I there found a knife on the tea-tray In the front room first floor—I have produced it.
Cross-examined. Q. It is an ordinary table-knife, is it not? A. yes.
REBECCA PALMER . I live in Brandon-street, Walworth—I am the mother of the deceased—she was married to the prisoner about six months ago—he had two boys by a former marriage—on Saturday evening, 21st May, my daughter came to my house—the prisoner did not come there—I did not see him on the Saturday—on the Monday after, the 23d, my daughter came to my house between five and six—the prisoner came while she was there—he was very vexed that she was out—he said, "You are out again to-day"—I think he called her some name—he was very irritable—several words passed—he called her a cow or a sow—"You are out again to-day, you sow"—there was a tea-canister on the table—he took it up and said he would throw it at her, but he did not—they had two or three angry words and she said she was most getting tired of it, as they had had words latterly—he said he thought it would be best to make an alteration with the children, he was going to place them away—I don't recollect his saying anything more—he went down stairs and slammed the door after him—my daughter remained with me till about nine or ten o'clock at night—I then went with her, and my husband, and another daughter, to her lodging, and remained with
Mrs. Harle in her room till between twelve and one o'clock—we then went home and left my daughter there, and I did not see her again until after she was taken to Guy's Hospital—I had seen the prisoner on the Monday morning, but not to speak to him—I did not know from him anything about brokers being in the house on the Monday—a fortnight or three weeks before this I remember something taking place about a young man of the name of Yorke—the two sisters had had words the evening before—the prisoner was not present then—I don't remember his saving anything to his wife in my house about Yorke—my daughter first mentioned it—he came in in the morning, Yorke came in, and the prisoner said so him, "What have you been saying about my wife?"—my daughter said it was false—Yorke said that he put his arms round her neck and kissed her—the prisoner said, what a liberty it was for him to take—he said he had taken no further liberty; that he had not done anything else but kissed her; and the prisoner said, "Very good," or something like that—he seemed satisfied with the explanation—he was very much excited—that was the only time I ever heard him say anything about Yorke—I saw the prisoner next day—he did not say anything more about it then, but he was very vexed and excited, and he drank a bit.
Cross-examined. Q. Did not this matter prey on his mind. A. Yes, it did; he spoke of it many times, and ho drank very hard, more than he had usually done—at this conversation Yorke said something about doing as he liked with the prisoner's wife—he said he thought he could do as well as two half-pennies for a penny—that was said in the prisoner's presence—he said he thought he could have done as he liked, as well as two halfpennies for a penny; that she was not worth two halfpennies for a penny—he did not say in my presence that he could do what he liked with the prisoner's wife—I have not seen her with Yorke—I do not remember seeing her at a public-house with Yorke when the prisoner came in—Yorke never dined at my house with her—I believe they did have a bit of dinner at Hackney; I was not there—I have not heard Yorke on other occasions speak to the prisoner in a slighting way of his wife's morality.
COURT. Q. Did you ever hear any threats used? A. He did threaten her once—that was after this occurrence about Yorke—I cannot recollect what it was he said.
ELIZABETH PALMER .—I am the daughter of the last witness and the sister of Mrs. Moore—I heard of this occurrence on the Tuesday morning—on the Saturday before that, my sister had been at my mother's house—I went home with her on the Saturday evening to stay with her, as she seemed ill—I remained with her all night—the prisoner did not come home till two o'clock in the morning—he was very much in liquor—a few words passed between him and his wife—he used very improper language to her—he called her a b—h and a b—r—there was not much passed, because I told her to hold her noise as he was very much in liquor—I remained there till the morning—he passed a few words to her in the morning but not of any consequence—I have heard him say that he would do for her—that was since she spoke to my sister's young man—I mean Edward Yorke; he has been paying attention to another sister of mine, named Emma, since Christmas—my sister said that he was the instigator of it all, for he caused a deal of words—the prisoner spoke very disrespectfully of Yorke, and said it was not my sister's place to speak to him—on the Monday before this happened I went to the prisoner's house in Trafalgar-street about 7 o'clock in the evening—I found him at home, and there were brokers in the house, valuing the goods that
were in the house—I told the prisoner not to sell his home—he took no notice of what I told him—the brokers would not give the price he wanted and as I told him not to sell his home he came out of the room with me—as he came away he told me he should make arrangements for the two children—I asked him what was the reason he was so unhappy in his mind, and he said, since he had heard of this affair about my sister's young man that is, Edward Yorke—I asked him whether he would return home to my mother's—he said, no, and with that I bade him good night—he seemed very much excited at that time—he was not in liquor—that was the last I saw of him.
Cross-examined. Q. At the time he made use of the foul language, he was in liquor, was he not? A. Yes, on the Saturday evening—he spoke very disrespectfully of Yorke in reference to his conduct to his wife—it seemed to prey very much upon his mind—until that time he was a very kind man—I dined with him and his wife on the Sunday before, and he treated her kindly and affectionately.
SARAH RATTENBURY .—I live at 4, Gloucester-place, Walworth—the prisoner and his wife used to live next door to us, and the head of their bedstead came against the head of our bedstead—I was never in their room, but I could hear their voices and the words they repeated—I could hear every word that was said—I was not examined before the magistrate—I was there, but was rather too late to be examined—I cannot say exactly how long it is ago that the prisoner was living next door, but I think it is about six weeks or two months ago—they went from there to Trafalgar-street, to a friend's, before they took rooms there—they lived next door to us for four months—she was married there, and he lived there before that—she came to live there when she married—they used to quarrel—he used to kick up rare rows—my husband and I never had any rest night after night—I have got out of bed and walked the room through his brutish ways and cruelty—I cannot explain the language that he made use of—I could hear it—he has even given her two black eyes—I have seen her with her eyes black—they were jangling—it was never in the day, but always in the dead part of the night—we could hear him come up stairs and go into his room, and if she did not answer him he would fetch her a blow with his fist—I have heard the blows repeatedly—he has called her all the b—old sows, and every thing that he could lay his tongue to—I have heard that; and when he gave her the two black eyes I heard him threaten her and say, "Before you are many months older I will be your death"—that was about March last—there was not a week passed over our heads but what on some nights in the week he would kick up a row—I did not see him come home, because I have been in bed—I cannot speak as to whether he was in liquor during the day.
Cross-examined. Q. What are you? A. I go out cleaning, washing, or anything—my husband is a bricklayer; I have lived at this place nine months—I am only a lodger, I lodge there now—there are two old ladies lodging in the top floor, but they are very seldom at home—the landlady and her husband are the only other persons living there—I sleep on the first floor—I was never in the next house—there were two families lodging there, besides the prisoner and his wife—it is a six roomed house—I dont know the name of the landlord and landlady—they are not here; Mrs. Thorpe is here; she lodged in the same house—I never spoke to the prisoner but once, when he insulted me one Saturday night as I came in at the gate, because we interfered when he gave the black eyes—I have seen Mrs. Palmer and her daughter come next door to visit the deceased, from the time she was married
—the ill usage commenced soon after the marriage and continued till they left the place—I only went once to the police-court when the prisoner was under examination; that was on Monday week, when he was committed—he had then been in custody a week, I believe, or it may have been a fortnight; I did not go until the last examination; Elizabeth Palmer took me there—I did not tell them the evidence I was going to give—I did not tell any one, only when Sergeant Bell spoke to me I stated what I had heard; the deceased did not come out of doors for pretty well a week after she had the two black eyes, she only sat at the window; she was in bed for two days—her mother and sister must have seen the state she was in, because they came to see her—I never went in and interfered when I heard these disturbances, or advised anybody else to do so.
JURY. Q. Is there a party wall between the two houses? A. It is a thinnish wall, like a partition.
MR. CLERK. Q. When was it that Sergeant Bell spoke to you about any evidence that you were to give? A. On Monday week when I was up at the Court—I had never seen him before—Miss Palmer requested me to go up with her; her mother had sent for me a day or two before that, but I did not go—Miss Palmer asked me to go up to the Court to state what I had heard—when Mrs. Moore had the black eyes I interfered—the father and mother came to see her and I had some conversation with the father about the prisoner as I was at our gate—it was a week afterwards that the prisoner insulted me; what he said was, "I will thank you not to interfere or trouble your head with me and my mistress," and he went in and shut his door; that is all I have got to complain of.
COURT. Q. Did Elizabeth Palmer come there while the black eyes were visible? A. Well, I don't know; Mrs. Palmer and the father did.
CATHRINE THORPE . I am the wife of a printer, and live at 5, South-street, Walworth Common—I have been living there nearly 3 months—I did live at 5, Gloucester-place, next door to Mrs. Rattenbury—the prisoner kept that house—I and my husband occupied the 2 parlours—the prisoner occupied 2 rooms on the first floor, and there were 2 rooms above his occupied by another lodger—I was living in the house before the prisoner married his last wife—he ill-treated her from the first—he used to come home at night and ill-treat her; not in the day—sometimes he came home at 6 or 7 in the evening, and sometimes between 1 and 2 in the morning, and his language was most awful—that was repeated continually—I do not like to repeat the words he used; it was nothing but mares and sows—he was continually at it, and continually ill-using her—he used to call her a b—sow—I heard that language about 3 weeks after their marriage—he gave her two black eyes—I saw her with black eyes on Saturday morning—I can't tell in what month it was, I am no scholar—I don't know what month we are in at present—I saw her with the black eyes; she was in bed at the time—her sister came to see her after she had the black eyes; the one that has been examined—I know her by sight, and the mother also—I did not see the mother there—it was on the Saturday morning that I saw her with the black eyes—there had been a dreadful row on the Friday night—I went to the police-court, but did not give evidence—Mrs. Palmer sent for me to go there.
Cross-examined. Q. Did you live on the ground-floor? A. Yes—the prisoner ill-treated his wife from the very beginning, continually—by ill-treatment I mean beating her—I did not know her before she was married; after her marriage I became rather intimate with her—I was not in the
habit of going out drinking with her, never; we used sometimes to have a little drop up stairs; those little drops did not get the bettor of me—we have never been found by the prisoner when he came from work having a little drop up stairs—he has not complained to me of leading her into these habits—he never complained to me of my keeping her company—sometimes be used to come home at 6, and sometimes between 7 and 8, and sometimes he was at home all day—he found her twice in my room, and he threatened what he would do if he caught her there again—we were doing nothing but talking; we were not drinking, and had not been—he never complained at all to me; he never opened his lips one way or the other—she told me he had threatened what he would do if he found her there again—she did not say what he complained of—the ill-usage at night that I speak of was such as to make the neighbours all hear it; it was something very desperate—I never went into their room on these occasions, or interfered—a paper-hanger and his wife lodged in the same house; they are not here to-day that I am aware of—my husband is not here—I went twice to the police-court, but was not examined at all—I did not go in the first time; the second time I went with Mrs. Rattenbury—I told her I had been there, and that I was going again, and we went together—I first spoke about this to the policeman on the beat, when I heard of the murder, on the same morning—he is not here.
ROBERT BELL (Policeman, C 39). I went to Guy's Hospital on the Thursday after this happened, the 26th—I saw the deceased there in bed—I had a conversation with her, and the told me she thought she never should recover—this was at half-past 5 in the afternoon—she died the following morning—I had seen her on the Tuesday morning that the wound was inflicted, and visited her every day up to Thursday at 5 o'clock—she then said she felt worse than she had done, and she thought she never should recover—I asked her who stabbed her; she said, "My husband, William Moore, with a knife that was lying on the table, and if you get my stays and chemise, you will be able to see where the knife went through"—they were all stained with blood, and there were holes through 3 or 4 parts of them—I asked her what caused it—she said that a young man of the name of Teddy Yorke had said something to her husband, that he could do as he liked with her; she said it was false, he never had any connexion with her, nor took any improper liberties with her.
COURT. Q. Did she tell you that she had told her husband it was false? A. No; she never said that; she said that she could not make out for what reason he stuck the knife in her.
WILLIAM HENRY HOLLOWAY (Police-inspector). I apprehended the prisoner at half-past 6 on Saturday night, 18th June, at Notting Hill—I took him to the Walworth-station—the charge was read out to him—the charge-sheet is not here—I did not hear the whole of the words read to him, but at the finish he said to the inspector who took the charge, "Not feloniously"—I searched him, and found on him this letter (producing one).
WILLIAM FROST (re-examined). I said just now that the paper shown to me was a great resemblance to the prisoner's hand writing, but I would not swear to it—this is not the paper that I saw just now—this resembles the prisoner's writing very much. (The Court did not consider the evidence of this witness sufficiently reliable to admit of the letter being read.)
GUILTY OF MANSLAUGHTER .— Penal Servitude for Life.
Before Mr. Recorder.
701. JOHN NICHOL WATTERS (51), and CLAUDE EDWARDS (27), were indicted (with William Allen, not in custody), for conspiring to obtain money by false pretences. Eight other Counts for conspiring to defraud Mary Ann Stanley, Sophia Stiff, Benjamin Thomas Jones, and others, of their monies. Tenth, Eleventh, and Twelfth Counts, for obtaining money by false pretences.
MESSRS. SLEIGH and LEWIS conducted the Prosecution.
MARY ANN STANLEY . I live at 184, Prospect-place—in October, 1857, I went to 32, Spring-gardens, and saw a plate on the door with the name of Dr. Watters—I did not observe any plate on the railings—I saw Edwards, who asked who I wanted to see—I said "Dr. Watters"—he asked who I had been to, and mentioned several people, but I said I had not been to them—he then went up stairs, and I saw Dr. Watters who examined my ears, and said that he would cure me in eight days—I had trumpets in my ears, and he said that they would be of no use to me after the second day—he said that he had been deaf, and cured himself by the same means as he would cure me; that he had seen sixty patients that morning, and that an Admiral had called on him that morning to thank him for curing him—I was to pay 8l. or 9l.—I gave him my address, and he wrote it down in his book, and promised to send me some medicine, which Edwards brought in the evening—there were no directions with it, and he wrote a receipt which was destroyed—it had on it, "Received for the means of cure for deafness, 9l. 3s."—when Edwards brought that down I said that if it should fail I should call and see the doctor again—he said, "If the doctor says it will succeed, it cannot fail"—I used the medicine, but my deafness was no better—I afterwards went to Spring-gardens—Watters was not at home—I saw Edwards and told him that I was no better, but he made no remark—I went a third time, and saw Watters—I said that I was not any better, and he said that he would send some more medicine; and at all events there would be no more to pay; but none was brought to me—I fetched it, but did not see Watters—it was sent down to me by a dark young man who wanted me to pay 30s. for it, but I refused—I used that medicine, and it made me very ill—I then went to Spring-gardens and saw Watters again, who promised to send me some more but he did not, so I sent him a lawyer's letter—this bottle is the same sort (Labelled, "The embrocation to be well rubbed into the nape of the neck and behind the ears every night at bed time")—this injection (produced) was to be syringed into the ears; it had that label—that is what he wanted me to pay 30s. for—this bottle (produced) was to put into my ears (Labelled, "Three or four drops to be dropped, into the ears at night, immediately after the injection has been used.")
Cross-examined by MR. DOYLE. Q. Did you send the lawyer's letter in order that you might get more of this medicine? A. No; it was to get back the money—Dr. Watters said that he would cure me for 8l. or 9l. and I understood that it was no cure no pay; but I had to pay it at once—Watters is the man—this is a year and a half ago—my aunt particularly observed the person who called himself Watters—it is partly from her recollection and partly from my own that I speak to him—I think I should be certain if my aunt had not told me—I did not particularly observe whether the person I saw had grey hair—that is the person that I saw, and he examined my ears, but he had not grey hair then—I think his hair has got grey since—I cannot say whether he wore a wig—his whiskers were rather sandy I did not particularly observe his height, but I certainly say that Dr. Watters is the man I saw—it was not an altogether younger person—I do not know whether his whiskers were of the fashionable cut, but he had a slight moustache—I never saw him till I was taken to the police-court—I went there because I saw his name in the papers.
Cross-examined by MR. MCDONALD. Q. What time was it you went out? A. Between 1 and 2 o'clock—the front door was opened by a dark young man—on entering the room I saw Edwards, and immediately asked for Dr. Watters—I did not ask him if he was Dr. Watters; nor did he say, "I am Dr. Watters."
Cross-examined by MR. DOYLE. Q. Did you go every time Miss Stanley went? A. No; I went once—I am positive Watters is the man—I noticed the colour of his hair; it was sandy, and he had a slight sandy moustache and whiskers—I did not take particular notice of the length of his whiskers.
THOMAS CARPENTER . I am a builder's foreman, of Doyle-street, Deptford—in consequence of an advertisement which I saw in September, I went to 32, Spring-gardens, and saw a plate with "Dr. Watters, British and Foreign Ear Infirmary" on it—the door was opened by a man of dork complexion, and on going in I saw the younger prisoner, who represented himself as Dr. Watters—I said that I wanted one of his sixpenny books as a guide to self cure, for the treatment of a child; and was going on to describe the case, when he said that the book was not of the least use to me, it was merely a form for country patients to fill up and send the particulars to him—I said, "I believe you were yourself once deaf, and cured by some Chinese remedy"—he said, "Yes"—I said nothing about the advertisement; but it was seeing the advertisement that made me put that to him—I described my child's case to him, and he spoke to me of the structure of the ear—said that it was a simple case to be cured, and he had no doubt he could effect a cure—he went down stairs and brought up this box, containing three bottles, for which I was to pay 25s.—I said that it was a very long price; could not he take less; it appeared to be a simple case—he said that he could not; he was only there on behalf of the Infirmary, and the money would he paid to the Infirmary—I asked him if there was no way in which I could obtain it cheaper—he said that I could become a subscriber, by paying five guineas—I thought it would be cheaper to pay 25s. than five guineas, and I did not want to patronize the Infirmary to that extent, and bought it—I said, "I understand your terms from the advertisement are, cure before pay"—he said that that was so; but that the money he was about to charge me was for the appliances; and if my child was cured, he should want another guinea—I paid him 25s., and told him that if he made a perfect cure of the child, I should not object to pay another guinea—the child has not been cured—I used the stuff till it took the skin off the back of its head, and was obliged to leave it off.
Cross-examined by MR. DONYLE. Q. Did you see Watters at all? A. No.
Cross-examined by MR. MCDONALD. Q. Are you deaf yourself. A. No—I asked the man inside the front door if I could see Dr. Watters—it was not Edwards—I was shown into a room alone, and Edwards came to me—I rose when he entered the room, and said, "Dr. Watters, I believe"—he said, "Yes," and took his desk behind a table, where there were some instruments—he did not say, I am an assistant to Dr. Watters—he did not tell me the number of years he had been with Watters—he only said that he was Dr. Watters, the consulting surgeon to the Infirmary—he did not tell me that he had been there two years, and was the assistant to Watters.
SOPHIA STIFF . I live at 34, Vauxhall-street, and am a servant—in March last, I saw an advertisement similar to this (looking at one) in consequence of which I went to 32, Spring-gardens—I saw a door plate with "Dr.
Watters" on it—I saw no other plate—neither of the prisoners opened the door; but on being admitted to the home, I asked for Dr. Watters—I saw Edwards; I told him I was deaf, and had come to Dr. Watters to cure me—he told me to take my bonnet off, examined my ears, and said that abcesses had formed on the drum of the ear, and until they were removed I could not hear, but that he would undertake to cure me in three weeks—I laid that I would give him three months—he said that at the end of three months I should hear, and understand conversation as well as he could—he put up some medicine for me, and told me to bring 1s., and I should have the parcel which contained the lotion, and two bottles of drops—I afterwards fetched the medicine, saw the servant, and paid the money—I went again several times for medicine; I used it, but it did me more harm than good—I went more than half-a-dozen times after I had used it—I was under his hands for twelve weeks—I am not much the better for his treatment—I never saw Watters at all.
Cross-examined by MR. MCDONALD. Q. Are you still deaf? A. Yes—when I asked for Dr. Watters, Edwards said, "I am the very person"—he said nothing about being assistant to Dr. Watters—we were in a very large room; I stood by the door, and he by the window—I was closer to him than I am from you.
THOMAS COTTERELL . I am a carpenter of 1, Southwark-bridge—in January this year I saw an advertisement similar to this produced, in consequence of which I went to 32, Spring-gardens—the name of Watters was on the door, and I think it said "From the British and Foreign Ear Dispensary," but I am not sure—the door was opened by no body who is here—I asked for Dr. Watters, and Edwards presented himself—I told him I had come respecting my hearing; I said nothing to him about Dr. Watters—he pulled my ear about, left me, and brought me a parcel containing three bottles; I believe these (produced) to be them—he required 16s., and I paid him 10s.—he said that I should feel benefit from it in a very short time—I used a very small drop of it, and felt much worse.
Cross-examined by MR. DOYLE. Q. Was not the brass plate with Dr. Watters on it a small one on the door? A. I did not notice; I think his name was on the large plate, but cannot swear positively, because I did not take particular notice—I did not notice a plate on the door.
ISABELLA ROUSSEAU . I am the wife of James Rousseau of Mount-street, Westminster Road; I saw an advertisement similar to this, in consequence of which I went to 32, Spring-gardens, on February 1. last year; I saw a plate on the door, "Dispensary for curing the ears, eyes, and nervous diseases"—my husband went with me—a porter opened the door, and on being admitted I saw a young man who wore spectacles, it was neither of the prisoners; he represented himself to be Dr. Skinner—he gave me some medicine, and I paid him 1s. 17s. 6d.—I also saw the prisoner Edwards—I went on the Saturday following and saw Edwards and told him that the stuff the doctor gave my husband did him no good—he said, "We profess to cure;" he gave him another bottle in a very rough manner on the stairs, and we left the house—I went a third time and saw an elderly man, who afterwards professed that he was the Dr. Skinner; it was neither of the prisoners, he gave me some medicine.
Cross-examined. Q. Where you yourself deaf? A. Not at all—Edwards either said "We" or "I profess to cure"—he did not tell me he had been assistant to Watters for more than two years; nor did he say "I shall soon myself have a diploma."
JOSEPH WOOLRICH . I am a gentleman's servant, of Son-street, Grosvenor-square—in consequence of an advertisement, I went to 32, Spring-gardens, and saw a plate there with "British and Foreign Ear Infirmary for the cure of deafness" on it, and the name "Dr. Watters" on the door, not on the large plate—I saw Edwards and said that I wanted to see Dr. Watters; he said that he was Dr. Watters; I told him I had come for a cure for deafness; he examined my throat, and said that he could cure me from a fort-night to three weeks, and that it was nervousness—he was to charge from 2l. 2s. to 2l. 3s.—he left the room and returned with 2 bottles of medicine, one was an injection and the other to rub behind the ears, and I was to buy a syringe—the receipt was brought up, 2l. 5s. 6d. and I paid that—I used the medicine and became worse—I went again to Spring-gardens the following Wednesday, and saw Edwards again; I said that I had received no benefit, and he wished me to keep on for the next week—I afterwards went again, and saw Edwards; he said that the case was worse than he at first thought it was, and I should require a vapour bath, which I was to pay 2l. 10s. for—this is it (A tin box with a tube at the top)—I had six bottles to put into this, and had some wool to put in; and I was to buy some tincture of myrrh, and while it was burning, I was to put the tube into my ear for seven or eight minutes each time, twisting a paper up in my ear to prevent the tube being too hot for the skin—I paid him the 2l. 10s. and received this receipt—(Read: "November 17th, 1851. Received of Mr. Woolrich, 2l. 10s. for vapour bath and tinctures. J. N. WATTERS.")—I saw him write that—I used the bath, and the result was that I became very ill, and suffered dreadfully in my head—I used it eight times, and it was always attended with the same result—I went again next week, and saw a man named Allen—I called again afterwards and saw the prisoner Watters, who said that he was a friend of Dr. Watters—he examined my ears; and after I told him what I bad been using, he said that he did not consider that it had been properly treated by Dr. Waiters, and he would attend to me himself, and no doubt he should effect a cure; but I should require further remedies, which were sent up to me by Allen, and 17s. 6d. asked, but I had not got it—Watters did not say whether I was to pay anything for the medicine—I paid 2s. 6d. for it—when Watters left he said that he was obliged to go the Dispensary to send up the medicine—I used that medicine, but it did me no good; and I summoned him to the Westminster County Court, but did not find him so as to serve the summons—I parted with my money to Edwards, because I thought he was Watters, and because he said that it must be paid before anything was taken from the house—I went to see Dr. Watters—I would not have parted with my money if I had thought I was being seen by an incompetent man, and that the person I was seeing was not Watters.
Cross-examined by MR. DOYLE. Q. You seem to hear pretty well now? A. Yes; I have been under treatment since by Dr. Toynbee—I did not show this vapour bath to Watters when I saw him—I am quite sure that what he said to me was that he was a friend, and not that he was Dr. Watters—I asked if Dr. Watters was at home, he said "No;" but that he was a friend of Dr. Watters, and always attended in his absence—what was given me afterwards was for rubbing behind the ears, and dropping in the ears—I am quite sure that this is the gentleman I saw—I did not particularly notice his hair; but he is the person I saw—I never saw him but once, and that was only for a very few minutes—I never saw him again till he was at Lambeth police-court, and I saw him walking about with a
policeman, and Young pointed him out—I did not say to the jury that I could not tell whether he had grey hair or not when I saw him at Spring-gardens—I swear positively to the man; and I cannot say whether he had grey hair or not—he had not a broad coat like a military coat; it was more of a round jacket—his arm was not in a sling—I cannot say whether he had rather a squeaking voice—Mr. Toynbee has given me blisters to apply to my ears, and has injected into them himself—this receipt was signed by Edwards—the person I saw had a little moustache and rather carroty whiskers—I cannot say whether his hair was carrotty.
Cross-examined by MR. McDONALD. Q. You are not labouring under deafness now, are you? A. A little—when I got the receipt for 2l. 10s. from Edwards, he did not tell me he had been in the habit of seeing patients for two years for Dr. Watters—it was Watters that said he was the friend—Edwards did not tell me that he would soon have his diploma, or that he should soon be in practice on his own account—nothing was said by him about seeing patients for Dr. Watters, or how long he had been with Watters—he said that he had been out in China—he did not tell me how long he had been at 32, Spring-gardens—I remained in the room with him about twenty minutes.
COURT. Q. Should you have paid the money to anybody who acted under Dr. Watters, if you had thought he acted under him; A. No; I should very likely have paid him, if I had thought he was a member of the Royal College of Surgeons and Apothecaries Hall.
WILLIAM FIELD . I was present at the trial of Regina v. Ambrose Haynes, and took short hand notes of the trial—a man was examined named Claude Edwards—I did not take any notice of him, but I believe Edwards to be the man—(The witness read from his notes the evidence of Edwards, for which, see Sixth Session, page 602.)
Cross-examined by MR. DOYLE. Q. Was that evidence taken against Ambrose Haynes, an attorney? A. Yes I am not aware that your learned friend, Mr. Lewis, was at that time concerned for Haynes—I do not know Haynes—I saw a gentleman who I did not know—I saw the defendent, but took no notice of his personal appearance, or whether he had sandy whiskers—I really did not notice him.
BENJAMIN THOMAS JONES . I live at 75, Mount-street, Grosvenor-square—in consequence of the receipt of this paper, (produced), I went to 21, Mount-gardens, Lambeth, and saw a fair female—I was shown into a little room, and was told that Dr. Watters was not at home; he had gone into the country—she sent me away, and I went a second time, and saw a man who told me his name was Allen, who attended me; and in consequence of what he said to me, I saw Edwards on the 25th May, who said that he was Dr. Watters—he examined my ears, gave me some medicine—I paid him 16s., and he gave me a receipt—I had before this paid 5s. to Allen, and I told Edwards so, and that he had given a receipt for it, and signed his name, Allen; and the 16s., was to make a guinea—Allen gave me three bottles of stuff, and Edwards three bottles—Edwards wrote these prescriptions. Read: "Ten drops on a piece of flannel to be placed behind the ears every other night. Mr. Wilcox"—"A desert spoonfull to be mixed with half a pint of urine water, and the ears to be syringed every night for five minutes to each ear. Mr. Wilcox"—I took away those medicines with me, but did not use them—I went by the name of Wilcox, because the letter is in the name of Wilcox, and they particularly wished to know who sent me there—on 8th
June, after having been to a Magistrate, I went there again—Watters was shown in to me—he said, "What is the nature of your case, Sir?"—I said, "Are you a doctor too?"—he said, "Yes, Sir"—I wanted to know the nature of my case—I gave him no reply; but pointed to my ears—he examined them both, pulled them about, went away, and returned with a great syringe, and wanted to put it into my ears; but I said, "No," I preferred to do it myself—he then retired for a bit, and Edwards came in with three bottles of stuff, for which he demanded 10s.—this is one of them (produced)—I said, "10s.!"—he said, "Yes"—I said, "You promised to cure me in a week for a guinea, and I have paid it, and am not prepared to pay any more"—he said that I could not have the medicine without the money—I said, "If I cannot, I have a friend outside who, I dare say, will lend me 10s., if you will allow me to call him in"—that was Inspector Young—Watters was in the little room—as soon as the Inspector's foot was in the passage, Edwards was in the passage directly—I said, that is Dr. Watters, take him into custody for swindling me of a guinea—Edwards shook and said nothing—I said, "There is another gentlemen in the room, Inspector"—we went in, and there was the very old gentleman who said that what-ever was done was done by his authority and orders—the name, "Locock" was written on the door.
Cross-examined by MR. DOYLE. Q. You are not very deaf now? A. No; I did not go so much for deafness as for noises in the head—I did not use the medicines—I did not like the smell or appearance of them—I got them on the 11th, the 25th, and on 8th June—I refused to take them on 8th June—I had them in my hand, but had not paid for them—I had medicine on 8th May—I did not keep it till 8th June—I took it to Dr. Medlock, of Great Marlborough-street—I had no friend to advise me to go there—I did not see Young about this till 8th June—I went to Mr. Norton on the 7th, and asked his advice—my reason for going to the prisoner's was to get cured of noises in the head, and yet I never used the medicine, because Mr. Medlock told me that there was nothing but urine and sugar of lead—he is here.
Cross-examined by MR. McDONALD. Q. Did Edwards give you the receipt for 5s.? A. No; Allen—I will swear a hundred times if you like that he did not give me a receipt signed "C. Edwards."
FRANCIS THOMAS . I am a warehouseman, of Walcot-square, Lambeth—in consequence of this letter that I received, I went last month to 28, Mount-gardens—there was no plate on the door; but it was written on—I was shown into a room, and Edwards came to me—I said, "I want to see Dr. Locock"—he asked me what was the matter with me—I told him that I was taken with a nervousness—he went out of the room, and, on his leaving, the prisoner, Watters, came in, and asked me what was the matter—I told him "Nervousness"—I, first of all, asked him whether he was Dr. Locock—he said, "Yes"—I asked him what the fee would be—he said that was of no consequence; I could have a small bottle of medicine for half-a-crown, and could have a large one to last a fortnight—I told him that I should prefer a small one to last a week—he asked me if I could call again in an hour—I said, "Yes;" but I was detained where I went, and could not call till next day, Saturday—as I was going out I asked him if I should ask for Dr. Locock—he said, "No, Mr. Locock"—I called again on Saturday; saw Edwards, who gave me the medicine, and paid him 2s. 6d.—the directions were in the inside—I went again one day in the next week, either Thursday or Friday, and saw Edwards—he asked me if I was any better—I told him, "No"—he asked me if my appetite was good—I said, "Not very"—he said
he would alter the powder, and make it rather bitter, to produce an appetite—I gave him another half-crown, and he told me to see them again shortly, but I did not go any more, as I saw the case in the papers—I should not have paid my several half-crowns if I had not believed that Watters was Dr. Locock—I did not think about the difference between Dr. Locock and Mr. Locock.
Cross-examined by MR. DOYLE. Q. I suppose the first time you were asked about this was when you saw it in the papers. A. Yes—I have heard of the Queen's Physician, Sir Charles Locock—I did not think anything about its being him—I have heard of Locock's Wafers for coughs and colds, but have not taken them, and also of Locock's Female Pills—I did not think Sir Charles Locock made them.
MR. LEWIS to B. T. JONES. Q. Have you seen Edwards write? A. Yes—to the best of my belief this letter (produced) is his writing (This was from Henry Locock to Mr. Albert Williams, Bolsover-street, Portland-place, dated May 9th, 1859. 28, Mount-gardens, Westminster-road, stating that the medicine only would have to be paid for, which was not expensive, and requesting him to call as soon as possible to be placed under treatment)—in consequence of which I went.
JAMES WITHERS (City policeman, 582). In the beginning of this year I was on duty in Spring-gardens—I know a house, with a plate with "British and Foreign Ear Infirmary" on it—I have seen Watters go in 7 or 8 times during the month I was there; that was part of February and part of March—I had been on duty before February.
Cross-examined by Mr. DOYLE. Q. Had you been on duty this last year? A. Yes; but the only time I saw him was this year—he did not appear ill—he walked very well, but was lame.
YOUNG (Police-inspector, L). I went with Mr. Jones to 28, Mount-gardens, on 8th June—I saw both the prisoners about the same moment—Jones gave them into my custody for obtaining money by false pretences—I produced some documents which I had in my possession—there were other written documents, and directions for use—I asked Edwards whether they were his writing, and he made no reply—he admitted having written these; and Watters said, that what had been done had been done under his direction—I then said, "Did you write this, signed Watters"—he made no answer.
B. T. JONES re-examined. I believe this to be Edwards's writing—I will swear to it.
Cross-examined by Mr. DOYLE. Q. How often have you seen Edwards write? A. Twice; he wrote 3 papers in my presence—I swear positively that it is his writing, to the best of my knowledge.
Cross-examined by Mr. McDONALD. Q. Did you ever see him write except on these 2 occasions? A. No (Read:) "28, Mount-gardens, May 10th, 1859. Sir,—If you answer and return the enclosed questions, there will be no necessity for your visiting me. I will at once place you under treatment that will be suited to your case. Yours obediently, J. M. Watters, M.R.C.S."
INSPECTOR YOUNG (re-examined). I told the prisoners the nature of the charge—Watters said that he was a qualified man, and produced his diplomas—these 2 are them (produced)—I found a great many papers in the two ground floor rooms—the prisoners were in the front room—they requested to go into the back room to put on some other clothes—there were some 1,000 copies of these printed papers (Read), headed, "British and Foreign Ear Infirmary, Spring-gardens. Surgeon Watters will give his advice, &c. if sufferers will fill up the following form"—I also found these papers (Read: "British and Foreign Ear Infirmary, 32, Spring-gardens. To the publisher. Sir,—Please insert the enclosed for one year; on receipt of the account the amount will be returned. Signed A. Collier, House Surgeon")—also a great many of these forms (produced)—one of these is headed, "To the timid and afflicted"—another had the address "Spring-gardens" struck out and "Mount-gardens" inserted—also one headed, "In all cases requiring aid and secrecy, apply to Henry Locock, 21, Mount-gardens, Westminster-road."
B. T. JONES (re-examined). I believe this letter to be Edwards's writing; also this other, which is on the same paper—this letter is also in Edwards's writing (Read: "Madam,—The book is out of print, but if you answer the enclosed questions your case shall be attended to. J. Watters. I enclose the names of persons to whom you can refer.")
MR. DOYLE to Inspector YOUNG Q. Had you known the house 28, Mount Gardens, some time? A. I had—I never noticed the name of Locock before 8th of June; the person who gave the prisoners in custody was Mr. Jones—I believe he instructs Mr. Lewis—I cannot say whether he is paying the expenses—I have heard of no other person moving in the prosecution—when Watters said, "Whatever was done was done under my directions," that was with regard to the written instructions; they related to 2 small pieces of paper with directions as to how the embrocation was to be used—it applied to these directions, and not to Edwards's acts—Edwards said they were his writing—I have asked the landlord who the tenant of the house is, and have been informed—the landlord is not here—Messrs. Lewis have attended to this case from the beginning.
Cross-examined by MR. McDONALD. Q. When you asked whose writing this document was, Edwards made no reply? A. No; he was silent, but Watters answered, "Whatever Edwards has done, has been done under my directions—Watters said that he himself was a qualified man—Edwards did not say immediately after that, in Watters' presence, that he was his assistant, nor did he say so going to the station; I have no recollection of it.
JOHN CROSS RUTH . I am clerk to the Medical Council; there is a medical register kept there under Act of Parliament of properly qualified medical practitioners—I have not got it here, it is not out yet, but I am prepared to say that the name of Dr. Watters does not appear in the proof sheets.
Cross-examined by MR. DOYLE. Q. Who is the registrar? A. Dr. Francis Hawkins—I am acquainted with the diploma of the College of Surgeons, having been there 5 years—I have no doubt that this is a genuine diploma—here is Sir Benjamin Brodie, and Mr. Guthrie, and Dr. Laurence's signatures—this other is the license of Apothecaries' Hall; it has the seal of the company—if Watters wanted to be registered on sending in these 2 diplomas we should register him, but should require him to make an affirmation—we supply him with a form which he would fill up, and then he would be registered—if he is not registered, it would be because ho has not done so.
JOHN EDWARD DESBROWE ROGRES . I am a medical chemist, residing at 41, Derby-street, Pimlico—I was for 17 yours professor of chemistry at St. George's Old School, the one that was originally established—I can identify this ear injection (produced) as being given into my bands by the witness Cotterell—(Cotterell here stated that he received this bottle from the prisoner Edwards, and gave it to Mr. Rogers)—I have analysed this ear injection, and find it to consist of acetate of zinc, sulphate of lead and urine; no doubt the
result of a mixture of ordinary sugar of lead and sulphate of zinc; in fact, when the two things are mixed together there is decomposition; not without the urine: with urine and some water—this "Embrocation to be rubbed on the back of the neck" is made of oil, ammonia, and urine: this third liquid, "The drops to apply to the ear affected," is potass, oil, and green oil—I received some bottles in a box enclosed in a newspaper with the seals unbroken—(Mrs. Rousseau here identified a bottle which she had received from Edwards, and given to Inspector Young)—this is not the same ear injection; it is water, and there is no urine in it; I examined this one—(Another bottle was here identified by Mrs. Rousseau, which was marked "To be-placed behind the ear with a piece of linen rag")—this consists of the same materials, coloured with compound spirit of lavender and a little urine in it—this "Oil to be dropped in the ear" consists of potass, rape oil, and green oil, (This was also identified by Mrs. Rousseau)—I also examined this bottle without a label; it was in the same package as the others; I don't know who it belonged to—I also examined some powder which consists of oxyde of iron—(Produced and identified by Francis Thomas as his medicine, which was to be taken internally)—this is merely coloured water—those medicines containing urine would unquestionably be most prejudicial to the ear, and this containing potass would be in all probability injurious; this containing acetate of lead would be injurious in a great many cases; they would cause irritation—the effect of the powder would be rather beneficial than otherwise.
Cross-examined by MR. DOYLE. Q. It is a well known tonic is it not? A. Yes; it is a proper medicine in proper cases—I did not examine Thomas, and so do not know whether it was proper or not. There are certain constituents of urine; salts formed during decomposition which are easily recognised under a microscope; then the smell of putrid urine is easily recognised; it is a most objectionable ammoniacal smell; and again when you burn it, there is a peculiar smell, so that there is no difficulty in detecting it, and the acetate of lead and zinc makes no difference; that mixture tends to check the putrefaction a little, but still it goes on—urine is water which contains salts, and some acids; the salts are phosphate of soda, and chlorida of sodium, which is common salt, and there is sulphite, uric acid, and urea—the ammonia is only developed after decomposition—if some of these salts, the ammonia for instance, had been mixed with it, they would not produce the sour smell, they would not produce the phosphorous—in analysing I took some of the residue, evaporated it to dryness, and examined it under the microscope; but each of these things require a different mode of analysis—in analyzing the urine I evaporated it to dryness, and burnt it, and then I had the smell of burning urine developed; that test was completed when I burnt the residium, and after that I put some of the precipitate under the microscope, and found a sediment; I took a portion of that sediment, placed it under a microscope, and found phosphate of ammonia and magnesia; they are not to be found in any combination except in human urine; unless you go to a shop, and purchase it—if you liked you might go and buy the salts, and have them in combination, but those materials would not give you the smell; you would not get the smell without adding urine; ammonia would not do—I do not take snuff; some snuff is flavoured with ammonia, and some has been actually flavoured with putrid urine; I could tell if you would give it to me—I did not find uric acid, and lithic acid; those are not always constituents of urine in a deposit—I simply examined the sediment in which there was no uric acid, I might have fifty samples without finding it—I do not mean to tell you that urine is to be found without urea, but without
uric acid—I saw in one a slight trace of ammonia and sulphurated hydrogen, that would produce hydro-sulphate of ammonia—I did not find that, but there is a specimen in the hands of another chemist—the sediments are precipitates of sulphate of lead; sometimes that, coming in contact with hydrosulphate of soda, would produce a black precipitate, but not always; it is a peculiarity rather; there is no law; it would be the ordinary result—I did not find that in what I examined; but the presence of the salts would interfere with that—that would be the effect added to the lead; the same added to the zinc would produce a white sediment—I did not find that—hydrosulphate of ammonia throws down a black precipitate from all the solutions of salts of lead—from such mixtures as I have described, a clear liquid could he had without filtering, by just pouring off the super natant liquid without the sediment—you may get it clear by filtering, or by allowing a subsidence, and pouring it off—a bottle of this kind would be filtered in about three minutes—you get a smell in urine undergoing decomposition, without the sulphurated hydrogen and ammonia—I say that these solutions in which there is urine would be probably injurious—I have a large practice as a medical practitioner, but not as an aorist—I have never heard of urine being used—I do not know that persons use empirical remedies—I have heard of St. John Long and counter irritation—I have not a higher opinion of those who profess to cure special diseases than of the general surgeon—if a surgeon uses his head and judgment in the same way as the speciality doctors, he will treat diseases as well—speciality doctors are not called quacks, if they are qualified; we apply that term to the unqualified—St. John Long had a system of counter irritation—I believe he applied it to all diseases—I am acquainted with hydropathy and homoeopathy—I do not believe in either of them—there are many highly qualified men who practice both; not men of recognised skill and ability—I am not at liberty to mention names; but I have seen men do it merely as a way by which they can make money; not men of high reputation, men who have been educated; but not one of high qualification; not among those who recommend hydropathy and homoeopathy—under certain conditions, I think that a person professing either one or the other ought to be brought to that bar—I have known cases requiring active treatment where a verdict of manslaughter has been returned—I have heard of a medical practitioner being the victim of a verdict of manslaughter—in my opinion, the bottles containing urine would probably be injurious; the crystals would stick in the glands, and produce dreadful eruptions even in the bladder, much more in the ear, where it is sore; if they accumulate in the bladder, they form stones, and produce grevious diseases; but in certain states of the urine, you will have these little crystals floating about suspended, and they will remain attached to the inner coating of the bladder, and the person is forced to take medical advice to have that peculiar kind of gravel treated—it produces the same pain as any foreign substance in the bladder would—the inner lining of the bladder is not so sensitive as the sore surface of the ear—deafness is not produced by a sore surface of the ear; a thickening and accumulation of wax are one or two forms of it—I should not use a stimulated caustic, or irritant, for the ear, to give a more healthy action—I would not give an opinion upon that.
HENRY MATTHEWS . I live at 367, Strand, and am assistant to Dr. Medlock, a surgeon, of 20, Great Marlborough-street—I have analysed some of these bottles that I received from Mr. Jones (Mr. Jones here identified three bottles received from Edwards, two from Allen, and two from Watters)—this bottle contains urine, water, and a small quantity of camphor; this other
contains oil, potass, and a small quantity of green oil; this one contains compound camphor linament, with colouring matter—I have analysed these with labels on them (Mr. Jones identified these two bottles, as sent to him, and charged 10s. by Watters)—these are both the same, but one is coloured pink and the other blue—they contain acetate of zinc, sulphate of lead, and sulphate of zinc and water; that is the result of a mixture of acetate of zinc and sulphate of lead.
Cross-examined by MR. DOYLE. Q. What do you say about the result? A. These constituents are the result of a mixture of sulphate of lead and acetate of zinc, there being no acetate of lead actually present, it must be produced; this other bottle contains exactly the same, only a portion of the water is replaced by urine; I have had the bottle that contains urine, since the beginning of June—on filtering the bottle, the smell induced me to believe that it contained urine—after that a portion was evaporated and burnt, and the smell was quite characteristic of urine, and could be produced by nothing else—I also examined the deposit under the microscope—this other bottle was examined, not by me, but, in my presence, by Dr. Medlock—I saw it done, and smelt the smell of the burnt urine—if you and I were analysing this bottle, we should both see what was done, and it would be much the same thing—that was the way it was done—I can vouch for the result—the same salts found in urine might be found together combined with water, but they would not produce the smell—urea produces the peculiar smell—I did not test for urea, but I knew from the burning—the only thing I speak from is the smell in the burning—the compound camphor linament would contain soap, in consequence of the oil and potass.
MR. LEWIS. Q. The tests which you obtained were so characteristic that you did not go on farther? A. No; and if the learned Counsel will smell one, he will not want to go on.
MR. DOYLE. Q. The liquor potassiae and the soda produce the smell? A. Certainly not; I have done it sometimes through carelessness, and have never noticed the smell—I know that if it did so, the liquor potasse would be so impure, that it would be immediately sent back to the chemist who sent it—I have never tried the experiment.
SAMUEL EVAN SMITH . I am surgeon to the National Ear Institution, Pall Mall, East—I have heard what these bottles contain—I have studied diseases of the ear—in my opinion there is not any one of the medicines calculated to restore deaf people; on the contrary, they are likely to do injury in certain conditions, because they produce great irritation, and are likely to produce very great mischief in certain conditions of the ear—the effect of acetate of lead on the ear, when the membrane is perforated, would be very injurious; and supposing it to get into the internal membrane it would be very dangerous, it might be fatal; that is to say, that substances getting into the internal ear, certain diseases of the brain might prove fatal.
Cross-examined by MR. DOYLE. Q. Do you know what is the effect of mixing acetate of lead with sulphate of zinc? A. I must decline to answer anything with regard to the chemical tests—I am a surgeon—I am not quite certain that I do know what is produced if you add sulphate of zinc to acetate of lead—I have studied materia medica and chemistry; it is necessary—I will not speak positively as to whether I know or do not know; I think I know, but I should not like to risk my reputation on the answer—it is an elementary question in chemistry—I wrote a work when I was a pupil, ten years ago—I have been engaged in treating diseases of the ear, it may be 10, 12, or 14 years, for fee and reward—I have been practising at
Manchester, Leeds, and London—the title of the book that I published was "Deafness its Causes and Origin"—it is a book for the profession and public both—cause and origin seem to mean much about the same thing; I wanted to make a fine title—it has gone through eight editions—I do not constantly keep it posted up—the price is 1s. and 2s.—I have not got it here; I did not think you would require it—the difference in price is merely the getting of it up; one is bound in paper and the other in cloth—the book has some cases in it; all medical books have—it has letters from persons who I have cured; from people far away in Lancashire and Yorkshire; you will find them all right; they are simply letters to me in acknowledgment of the great benefits some of my patients have felt after cure—some of them have been cured by me after they have tried other members of the faculty; but it is unprofessional in me to say so; they have said so in their letters—I have only been a surgeon about eighteen months, I think—the examiners did not require to know how long I had been practising, because during the time I was taking my degree I was not practising—I had a diploma; not a legal one—I had an illegal one, being studying the medical profession I obtained a continental one, but of course it was of no use—I decline to, answer from what University I got it—this, "National Institution for Diseases of the Ear, 12, Pall Mall, East, S.E. Smith, Surgeon," was started last April—I have advertised it; not much—I don't believe I have advertised it in the country papers; I would not say positively—I am allowed to send the advertisements to the papers—I keep the books—the rent is paid out of the funds—I have not paid any rent yet—I took the premises with the sanction of the Committee and the President—there is a landlord.
MR. LEWIS. Q. Is there any agreement in writing? A. Yes, for my private rooms; but there are two separate places—it is quite a separate, affair altogether.
M. DOYLE. Q. Are you tenant, or are you not, of the premises in which the institution is carried on? A. They are under the committee.
COURT. Q. Are you the sole tenant of the premises? A. No; but my chambers are in the same building, and it is a separate rent altogether.
MR. DOYLE. Q. Do you mean that the Committee have taken it separately from the landlord, distinct from your chambers, and that there are two separate tenancies, and two separate rents paid to the landlord? A. There are two separate rents paid to the landlord, my own rent, and the institution; one is 30l. a-year, and the other 60l.—I have been giving lectures—I did not give one in Exeter Hall in July, with highly finished diagrams—you are labouring under a mistake—that is a future lecture—I gave one on 7th June, at the Hanover Square Rooms, with great success—Sir John Hare was there—he occupied the chair—he is the President of the institution.
MR. LEWIS. Q. Is it an institution which relieves a great number of patients perfectly free? A. Yes; on certain days of the week, if any gentleman will guarantee that the patient is so poor that he cannot afford to pay for the medicine—there is a regular Committee.
LEONARD MORSE GODDARD . I am medical officer of Clerkenwell, and have been so for 17 years—I have been 24 years in practice—I understand something about deafness, as a general practitioner—in my opinion the effect of urine and acetate of lead on the ear would be highly objectionable, where the membrane is in a state of ulceration or thickening from disease.
Cross-examined by MR. DOYLE. Q. Then that condition should be present before it would prove injurious. A. Yes; acetate of zinc is used as. a common
injection for certain local applications, in a very dilute form—suppose we take the three together, I think then that there could not be two opinions that it would be highly objectionable, even if there was not ulceration of the membrane—acetate of lead is used for a very susceptible membrane, in a very dilute form, not in a state of inflammation.
MR. LEWIS. Q. Would urine be of the slightest value in curing the ear by any possibility? A. I should not like to apply it to a healthy ear; some ears will bear anything, as some constitutions will.
COURT. Q. You think that in no case it could be beneficial? A. I cannot conceive how it could be.
GUILTY on the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Counts.
MR. LEWIS stated that Watters had been prosecuted by the College of Surgeons for conspiracy some years ago, and had Six Months imprisonment; and that he had also pleaded guilty to arson 25 years ago.— Confined Eighteen Months each.
MR. COOPER conducted the Prosecution.
WILLIAM CROOK . I am a leather mercer, and live at 9, Laundry-yard, Guildford-place, Bermondsey—I was there on the night in question—I heard a noise outside my house, and saw the prisoner throw a stone and hit the window—after that I saw Charles Spurling come out with the landlord—this was about 10 o'clock—they laid hold of the prisoner and kept him till the policeman came—when he was given into custody he walked a little way with the policeman; he then stopped, and said, "Are you going to take me to the station?"—the deceased then came up to help the policeman, and the prisoner struck him on the left side of the face—the blow knocked him down as if he were shot—I afterwards saw the deceased—he complained very much of his head—his face was swollen—he was not so clear in his senses as otherwise—I saw him gradually get worse—the prisoner was excited when he struck the blow—the deceased lived eight or ten days after.
Prisoner. Q. Was it not more than that? A. It might have been a fortnight.
JURY. Q. What might be the cause of the prisoner's excitement? A. It might be from his quarrel with the landlord for throwing the stone at his window.
HARRIET SPURLING . I am the widow of Charles Spurling—I remember the Saturday on which this took place—prior to that my husband's health was good—he had never complained of anything—I went to the Crown public-house on this night and found him putting up the shutters—he came home with me, and complained of his head; after that he could not sleep at nights, and he continued to complain up to 13th June, when he went to the hospital—he continued in the same situation up to Saturday—I was present at the hospital on the 14th when he died—he complained of the back of his head—he never slept from the time he had the blow, to when he died—we lived close to the public-house.
8 o'clock in the evening—at that time he was suffering from erysipelas, and delirium tremens—I don't think that a blow such as has been mentioned, would produce that—if I had seen him within two or three days after, I should have said it was very likely; but in this case thirteen days intervened, and I can't say whether it was the case—I have never heard of such a case before—the cause of death was from erysipelas and delirium tremens—there was a post-mortem examination, at which I was not present.
JOHN SOYER BRISTO . I am a physician of 3, St. Thomas-street, Bermondsey—I made a post-mortem examination of the deceased—the cause of death was erysipelas of the face—it might have been caused by the blow mentioned, but I should hardly think it was.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .— Confined Eight Months.
Before Robert Malcolm Kerr, Esq.
MR. COOPER conducted the Prosecution.
MARY ANN UPJOHN . I keep a milliner's shop in Old Kent-road—on the evening of 14th June, the prisoner came to the shop, and I sold her a spray of flowers, which came to 5 3/4 d.—she tendered me a five shilling piece—I took it to a neighbour, and it was a bad one—I came back, and told the prisoner it was bad; she said she did not know it, and she had it given her at Greenwich the night before—I asked her her address, and she said she did not wish to say—I gave the same crown to the constable.
JOHN JACOBS . I live in the Old Kent-road—on 14th June the last witness brought me a crown piece—I discovered it was bad—I returned it to her, and I went with her to her shop—I saw the prisoner there, she was asked where she got it—she said it was given to her at Greenwich—she refused to give her address.
WILLIAM LAWRENCE (Policeman, M 128). On the evening of 14th June, the prisoner was given into my custody, and the first witness gave me this crown piece—I took the prisoner to the Station, and the next morning on the way to the police-court, I told her it was a pity she did not leave off that game, it would most certainly get her into trouble some time or other—she said, "Every one has a way of getting a living, and that is mine."
Prisoner's Defence. I went to Greenwich, and had the coin given me.
NOT GUILTY .
MESSRS. COOPER and POLAND conducted the Prosecution.
GEORGE SWIRE . I am a chemist, and live at Brixton-hill—on Wednesday afternoon, 22d June, the prisoner came to my shop between 3 and 4 o'clock—he asked for a seidlitz-powder—my assistant served him, and then brought me a shilling—I examined it, and it was bad—he said the prisoner had given it him, and he had given him a bad shilling three or four weeks before—the prisoner did not make any reply to that—I had seen the
prisoner in my shop on the first occasion, three or four weeks before—my assistant served him, and a bad shilling was then shown to me, and it was returned to the prisoner—on this 22d I sent for a constable—we were some time before we could get one, and the prisoner wanted to go out for a necessary purpose—he went towards the garden fence—I should not think he was gone more than a minute and a half—when he returned I said to him, "You have been out to get rid of some bad money"—he did not make any reply, and I went out in the garden, and looking over the fence where he had stopped I saw a paper parcel—I went round to the gate and picked up the parcel—it was close to the fence—I found it contained three bad half-crowns and a bad shilling—I showed the parcel to the prisoner, and said, "Do you know this?"—he made no reply—I went behind the desk, and he came towards me and made an attempt to take the parcel from me—I put it in my pocket—I afterwards opened it in his presence, and I said, "I think this will give you six months, old fellow"—he said he might as well have six months' board and lodging as others—he said he got the shilling in change for a sovereign, at Bromley—he afterwards gave me a good half-crown to pay for the seidlitz-powder—the policeman came, and the prisoner was given into custody—I gave the policeman the shilling that the prisoner had given to West and the half-crowns and shillings which I had found in the parcel—the half-crowns were wrapped up in paper, each piece separately.
JOSEPH WILLIAM WEST . I am assistant to the last witness—the prisoner came to the shop on Wednesday, the 22d, between 3 and 4 o'clock—he asked for a seidlitz-powder—I gave him one done up in paper, and he said he wished to drink it in the shop—I mixed it for him, and he gave me a bad shilling—I gave the shilling to Mr. Swire, telling him that I believed this was the same party that came some time ago for the same article, and then tendered a bad shilling—Mr. Swire told the prisoner to wait, and he would send for a policeman—the prisoner went towards the door, and said he wanted to go—Mr. Swire told him to remain where he was till the policeman came—the prisoner said he must go, and he went out, and returned in a very short time—I don't think I saw the packet of coins opened—the prisoner afterwards tendered me a good half-crown—I gave him no change at the time, but he had it afterwards—the price of the seidlitz-powder was 2d.
Prisoner. Q. Did you not say that I was there six weeks before? A. I don't think I said the time—I believe you to be the person that came in before and gave a bad shilling—I said it was bad, and you said, "I don't know anything about it; I will go and see about it," and you went away.
FREDERICK KEMP (Policeman, 71 P). I was sent for to Mr. Swire's, and the prisoner was given into custody—Mr. Swire gave me this bad shilling, which had been tendered, and this parcel, containing three half-crowns and one shilling—the prisoner said he had had the shilling in his possession, but he knew nothing about the parcel—I searched him at the station, and found on him 5 1/2 d. in copper—I asked him where he lived, and he said he lived anywhere.
WILLIAM WEBSTER . This shilling that was tendered is bad—these three half-crowns are bad, and two of them are from the same mould—the shilling is bad—these coins are wrapped separately in paper to keep them from rubbing.
Prisoner's Defence. I had been travelling about the country, and got work at different places—on Sunday, the 12th of June, I came up to Bromley and
had some refreshment at the Railway Tavern, where I changed a sovereign, and they gave me four half-crowns, three two-shilling-pieces, 3s., and 10d., and in that change I got the shilling that I tendered at the chemist's shop, at Brixton—as to the coin found by the master of the shop, I know nothing of it—it was never in my possession.
GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, AUGUST 15TH, 1859.