CENTRAL CRIMINAL COURT.
WIRE, MAYOR. ELEVENTH 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, September 19th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald. CUBITT, M.P.; and Mr. Ald. ROSE.
Before Mr. Recorder, and the First Jury.
801. HENRY WOODROW MAN (17) , Stealing 1 watch and key, and 1 watch and chain, value 23l. the property of Charles White; also stealing an order for 28l. 13s. 10d.; also orders for 51l. 3s. 4d., 23l. 16s. 8d., and 25l. of Arthur Bernard White, his master; to all of which he
PLEADED GUILTY .— Three Years Penal Servitude.
802. JAMES JOHNSON (20) , Burglariously breaking and entering the dwelling-house of John Hollingshed, and stealing therein 3 1/2 lbs. of lamb; 2 lbs. of sugar, and 1 lb. of butter, value 3d. 10d. his property; to which he
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .
MR. GENT, for the prosecution, stated that the prisoner was sentenced to ten years' transportation in 1851, and received a pardon in 1856, conditional on his not returning to England; but having come into possession of some property was induced by his friends to return home. — Confined One Week , and afterwards to be confined Three Years' in Penal Servitude.
MR. SLEIGH conducted the Prosecution.
WILLIAM WEBB . I am a cooper of 22, Queen street, Stepney—in January this year, I was indebted to Moser & Co. 34l. 6s. 3d., which I paid on the 31st to Mr. Barnard, one of their clerks, in notes and gold.
Cross-examined by MR. RIBTON Q. Where did you pay Barnard? A. At the premises in Thames-street, and have his receipt; the 34l. was for iron hoops.
ALFRED BARNARD . I am a clerk to Moser and Son—on receiving money on their account, it is my duty to pay it to the prisoner—I received 34l. 6s. 3d. from Mr. Webb, on 31st January, and paid it to the prisoner the same day.
Cross-examined by MR. RIBTON. Was not the prisoner authorized to pay money away? Q. He received a certain sum to pay wages with, which was to last him so long.
FREDERICK MOSER . I am an iron merchant of Curzon-lane, Upper Thames-street—I have partners—the prisoner was our clerk and cashier there for three or four years—it was his duty to bring daily to our counting-house in the Borough the money he received the day before; he generally brought it to me—on 31st January he brought me 20l. as received of a customer named Webb, on account—Mr. Webb owed us 34l. odd—the prisoner never paid me the 14l. 6s. the residue of that account—he was not authorized to disburse any money he received on our account—a separate account was kept for that, for which he had money given him—previous to July, 1858, he had authority to disburse money he received for us, but we had taken that authority from him.
Cross-examined. Q. Do not you know that he has done so since? A. No—he generally came over on Monday morning, and received 10l. to pay wages with, and on the following Monday that 10l. was accounted for—he might pay more than £10 during the week, and pay away money he had received for us; I do not know that he did; I would not swear that he did not—this (produced) is my petty cash-book—here is one instance in it, in September, 1858, where his payments amount to 11l. 13s. 1d., he having received 10l.—I should pay him the one 1l. 13s. 1d. when he brought me the book; I set my initials to it here—it never happened in any one instance that the balance due to him went over two or three weeks—that is not the only instance in which he has paid more than he received; here is another here of 1l. 16s. 7d. in the following week, and another in October, of 2s.; in November a balance of 2l. 9s. 10d. was over paid by him; he received 10l. and expended more than 12l.—this book shows that I actually paid him the balance; he would not tick it unless I had—1l. 10s. of it was for his own wages—no; I find I have made a mistake, the 2l. 9s. 10d. was the other way; he handed me the balance—I know that he paid it me, or I should not have put my initials—I do not see any occasions where he has overpaid more than 1l. or 2l. or 3l. at the outside; here is 10s. in January—I do not remember the date that I gave him in custody—this is the only cash-book that he kept—I believe I invariably paid him the 10l. on Monday myself; there were not some weeks in which it was not convenient to give it to him; he would have it next day—it is possible that I may have said that it was inconvenient, and that he used the money in his hands for the purpose—the wages were paid day by day—if I had not money to pay him on Monday, and he used money in his hands, he would come on Tuesday—it would be a week before I finally settled, but he would have money on the following day—I say that he has received 34l. and has only paid me 20l.; that was on 31'st January—I have no recollection of the day or the amount without the
cash-book—he paid me ninety-nine times out of the hundred at the office in the Borough—I will not swear that he did not pay me the 20l. in the city; I credited it in the morning; if it was in the afternoon it is possible that I might have received it in the city, and entered it when I came back—the entry in that case would not have been till about two hours after I received it—I only find one other entry on 31st January, and that is not a transaction with him; it is a ready money credit of 238l. 12s. 5d.—I drew four cheques that day; they were for large amounts; one was for 300l.—I do not find any disbursements in my cash-book that the prisoner made for me—I had no unsettled account with him that day—this petty cash-book was the only account—I have not asked him to explain the 20l.—he continued in the same way from January to August, when he was given in custody.
MR. SLEIGH Q. Was he in your employ in August? A. I do not know the day he was discharged; it was about June last—it was not discovered then that the 14l. had not been paid—we discovered it three or four days or a week before he was given in custody—after discharging the prisoner we sent an account to Mr. Webb—I have looked carefully through the books and am able to say that all the petty expence accounts were balanced between me and the prisoner on 1st February, when I paid him the 10l.; and from that time to the time we discharged him, he made no claim on me for 10l. as owing to him.
COURT. Q. What would be the average amount passing through his hands in a week? A. Perhaps as much as 50l.—he only collected the small accounts, and he did not collect more than one in a day.
GARRATT MONRO PEARCE (Policeman, M 59). I took the prisoner on 16th August, in Albany-road, Old Kent-road: in the street—I asked him if he had been in the employ of Moser and Sons lately; he said "Yes"—I said that I took him for embezzling accounts of his employers—he said "That can be all satisfactorily explained; the money was borrowed."
The prisoner received a good character.
— NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
BENJAMIN BROWN . I am a wholesale confectioner of Princes-street, Leicester-square—in January last I was indebted to Moser and Co. 5l. 2s. 4d. and on 24th January I wrote and enclosed this cheque (produced) to them; it has been returned to me by my bankers as paid—a day or two afterwards I received a letter from Moser and Co. enclosing the receipt which has been on my file ever since—I afterwards had a conversation with the prisoner, showed him the receipt, and he said that it was quite correct.
Cross-examined by MR. RIBTON. Q. This cheque is crossed? A. Yes; it was drawn by my clerk and signed and crossed by me—Moser and Co. early in May sent me another account up to 26th March which I paid on 28th May—I wrote to them within a week after receiving the account, and the prisoner came to my counting house a fortnight or three weeks afterwards, about the latter end of May.
HENRY JOSEPH FRAYLING . I was a licensed victualler of Dowgate-hill, but have since left—the prisoner was a regular customer of mine, and I used to give him change for notes—I remember changing a cheque for him—do not remember this identical one, but I can see by the date that I paid this cheque over to Messrs. Nicholson, my distillers—it was in my hands on 31st January.
RICHARD MOSER . I am one of the firm of Moser and others—the prisoner was our clerk—it was part of his duty to receive money and to pay it over the same day, or the following morning—he never accounted to me for this 5l. 2s. 4d.—it was his duty to open our Dowgate letters.
Cross-examined. Q. Did you ever say anything to the prisoner about this? A. No—the cheque is dated 29th January—I never asked him why he had not paid it in, because I did not know it—I know that he has not accounted for it, because I searched the cash-book in August and found no entry—this is the cash-book; the different partners and clerks made entries in it—if the cheque was posted on the afternoon of 29th it would, I believe, arrive at 5 or 6 o'clock; but I am not there at all—I am at the house of business at Southwark—the counting-house is closed at 5 o'clock on Saturdays—the cheque might have arrived just as the prisoner was leaving, and he would open it—there is only one entry on 31st, Huntley and Palmer of Reading; that was a country cheque, and the entry is in the prisoner's writing—there are no entries of his on the Saturday.
FREDERICK MOSER . This receipt for 5l. 2s. 4d. is in the prisoner's writing—on the day that Mr. Brown sent the cheques for the balance of his account, 8th of May I think, I told the prisoner that I had received a letter from Castel and Brown saying that they had paid their previous account and held his receipt—he said that he could not understand it—he did not recollect receiving the cheque; but he would go and see them—I had at that time received the receipt for 5l. 2s. 4d.—I forget whether I showed it to him—he subsequently told me that he had seen Mr. Brown, and saw his own receipt for it, and was satisfied that he had received the money—I said, "It is very odd you have not credited it"—he said, "I must have paid it away"—I said, "But you have no authority to pay it away"—he said, "Will you let it stand over for two or three days?—I asked him two or three days afterwards if he had found out about it—he said, "No," and that he would refund it on the following Tuesday, but he did not bring the money; and I said, "Mr. Hopkins you are discharged, and you are very lucky that you are not prosecuted"—we gave him in custody afterwards.
Cross-examined. Q. If he had paid you should you have considered it a mistake which could not be accounted for? A. Yes; but I still should have discharged him in consequence of the irregularity.
COURT. to BENJAMIN BROWN. Q. When did you receive the receipt? A. I should imagine it would be on the Monday, because unless I had received it we should have written for it, as receipts are always looked for next morning—it would be drawn before 1 o'clock, as it was Saturday—I never sign a cheque after 1 o'clock on Saturday; and in all probability it would be posted before 1 o'clock.
Recommended to mercy by the Prosecutor.— Confined Twelve Months.
NEW COURT.—Monday, September 19, 1859.
PRESENT—Mr. Ald. ROSE; Mr. Ald. ALLEN; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq. and the Fifth Jury.
PLEADED GUILTY.— Judgment respited.
MR. CAARTEN conducted the Prosecution.
WILLIAM HOGG . I am clerk of the parish of Paddington—I was present at that church on 3d July, 1858—I have the register book of marriages—on that day William Denbigh Sloper Marshall was married to Sophia Cross Dawson—I was present; the prisoner is the person who was married—I saw his wife at the police-court when he was examined—she was the same person who was married to him.
Cross-examined by MR. DOYLE. Q. Do you see a great many persons married? A. Yes; I do not recollect every one, but I perfectly recollect the prisoner—he is a very remarkable person—he did not look exactly as he does now—he scarcely looks so fresh as he did—he is rather more seedy now than he was—I dont know what coloured coat he was dressed in; or whether he wore a white or a black hat; or whether he had a morning or an evening dress on.
JANE HAYES . I am a widow, and live at 15, Princes-place, Kennington-cross—on 28th June, I was married to the prisoner at St. George's, Hanover-square, in the name of William Denbigh Sloper Harris—I had known him about three months.
Cross-examined. Q. Was he introduced to you? A. No; he introduced himself, and after three months I married him—I made some inquiries—I wished to see his mother—he introduced me to Mr. Myers of Threadneedle-street—my property remains untouched.
CHARLES REVELL (Policeman, L 175). On 22d August I went to 15, Princes-place, Kennington, with the prisoner's wife—the prisoner was not at home; he came in; I met him as he was coming in the passage—he started, and I said, "Don't be surprised; if you will walk in the parlour I will introduce you to your wife—he said nothing then—I said to Mrs. Hayes, "Do you now charge your husband with having married you, his former wife being still alive"—she said, "Yes"—I told the prisoner it was my duty to take him to the station, which I did—Mrs. Hayes came to the station—I saw the prisoner wanted to go towards the inspector's room door—I asked him why he wanted to go there—he said, "To beg their pardon"—on the way to the station he said he was a great blackguard for having married her, and he deserved all he got, and he should not have married her if he had not been drawn into it.
Cross-examined. Q. Did you see the first wife? A. Yes, I took her to the house where the prisoner resided with Mrs. Hayes—I introduced him into his wife's presence—she identified him in my presence as he was coming in at the gate—she gave me this certificate of her marriage—Sophia Cross Dawson represented herself as the prisoner's first wife—I was not present at the marriage—his wife's sister was with me at the Court—she is not here now.
MR. CAARTEN. Q. Did you point out Mrs. Marshall to the prisoner? A. She pointed out the prisoner as being the man that married her, as he was coming in—I brought them together—he sank down beside her and looked at her—I asked him whether it was really true that he was married to her—he said, "Yes."
The prisoners statement before the Magistrate was here read as follows: "I am guilty. I am very sorry; it was done in an unguarded moment through Mrs. Hayes. I beg for mercy."
COURT. to JANE HAYES. Q. Have you your own house? A. Yes; I keep one servant—the prisoner told me he was worth 3,700l.
Prisoner. You took me to Ramsgate previous to our marriage and we slept together. Witness. No, it is false. Prisoner. She did, and told me I must sleep with her; and I was in the house three weeks previous to being married, and she introduced me as her master to Betsy, the servant—I never took any of her money.
GUILTY .— Four Years' Penal Servitude.
OLD COURT.—Tuesday, September 20th, 1859.
PRESENT—Mr. Ald. COPELAND, M.P.; Sir ROBERT WALTER CARDEN, Knt. Ald. M.P.; MR. RECORDER; Mr. Ald. ROSE; and Mr. Ald. MECHI.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .— Three Years Penal Servitude.
PLEADED GUILTY .— Confined One Month, and then detained three years in the Redhill Reformatory.
810. GEORGE JONES (19), and THOMAS WILLIAMS (19) , Burglary in the dwelling-house of Richard Oswell, and stealing therein 5 waistcoats, 2 pairs of trousers, and other articles, his property, to which he
PLEADED GUILTY .— Twelve Months.
MR. CAARTEN conducted the Prosecution.
MARY ANN WILLIAMS . I live at 8, Crispin-street, Spitalfields. On Thursday afternoon, 8th September, I was at the terminus of the Blackwall-railway with my sister-in-law, Elizabeth Williams—I got two tickets; paid for them, and replaced my purse, which was a small pocket-book, in my pocket—it contained 1l. 6s.—there were a great many persons about—not more than a minute afterwards I felt a hand in my pocket, and saw the prisoner taking his hand away—he was not a yard from the bar where I paid my money—he was by my side when I paid—I saw my purse in his hand and saw him run away with it—I ran after him and cried out—he ran into a water-closet—an officer named Summerfield ran into the water-closet, and I ran back and culled my sister in-law—the policeman and my sister-in-law and I, went in and found the prisoner in the water-closet—the whole thing took not more than five minutes.
Cross-examined by MR. RIBTON. Q. Had you ever seen the prisoner before? A. No—when I called out that I had lost my purse several persons ran, but I did not know them—they came round me, as they do in London—I kept the boy in the water-closet—I lost sight of him for a minute when I ran after my sister-in-law, but she had only gone a little way up the stairs—I saw a policeman in about a minute—we all three went into this place together, and I pointed the prisoner out—there were no more boys there, but there were several gentlemen—I said, "That is the boy."
MR. CAARTEN Q. Did you ever lose sight of the water-closet? A. For a minute, while I went to call my sister-in-law—I observed the prisoner's face when he took his hand out of my pocket, and have no doubt he is the boy—it was about 5 o'clock—a woman has offered me my money back again not to go before the Lord Mayor.
ELIZABETH WILLIAMS . I am the wife of John Williams, of. 8, Crispin-street, Spitalfields—I was at the terminus with my sister-in-law, and saw her pay for some tickets, and put her purse in her pocket—I went up stairs and she called to me to come down—I came down and saw a policeman bring the prisoner out of a water-closet—I did not go in.
JOHN SOMERFIELD (City policeman, 533). I was on duty at the Blackwall Railway terminus on Thursday afternoon, between 5 and 6 o'clock—the last witness spoke to me, and I went into a urinal and found the prisoner with with this coat hanging over his arm—Mary Ann Williams did not go in with me, but there was no one but the prisoner to lay hold of—I brought him out—she identified him, and I took him to, the station and found 2 3/4 d. on him, but no purse—he gave his address, 13, High-street, King's-cross—I went there; but there is no such street—I told Kim that he had given a false address—he said that he had lived there three years and a half, but he did not know his next door neighbours—I asked him the name of the adjoining street, and he could not tell.
Cross-examined. Q. How far are the stairs from the urinal. A. About 5 yards from the booking-office—there are four compartments in the urinal—I told the prisoner that a purse had been stolen—he said that he had taken none—there is no water-closet there.
COURT. to MARY WILLIAMS. Q. Where did you see the gentlemen? A. In the water-closet, but in the mean time they came out.
GUILTY .**— Confined Twelve Months.
MR. RIBTON conducted the Prosecution.
CAROLINE PAGE . I am the wife of Henry Page, of Westmoreland-street, Mary-le-bonne, and take in mangling—on Wednesday, 13th August, I put two bundles near the window, containing 3 chemises, 1 shirt, 7 towels, 1 patch-work quilt, and other articles which I had mangled, and which were to go home—they were safe at half-past 12—the window was shut down, but there was no fastening to it—I went to bed—I awoke at half-past 6, and found the window open and the things taken away—I have never seen them since.
ELIZABETH FOLEY . I am the wife of James Foley, of Little Chesterfield-street, not many yards from Mrs. Page—on the morning that I heard of this in the evening, I saw the prisoner coming out of our yard with two bundles; a piece of a patch-work quilt was hanging out of one of them—he could not get from that yard to Mrs. Page's house, but my street door was open, and I suppose he went through—my husband asked him what brought him there—he said that he was going to the back entrance—my husband let him go away, and then followed him, and told him that he had stolen the things, but I told my husband to let him go, as I had seen him with things before, and he did so.
a little before 6 o'clock, I heard her husband speaking to the prisoner rather loudly—I looked out at my window and saw him brought back with two bundles—Mr. Foley let him go.
JAMES BURLEY (Policeman, D 74). On Thursday, 11th August, Mrs. Page gave information at the station, and I had orders to take the prisoner, which I did at 6 o'clock on Friday morning, 12th August—I took him to the station, searched him, and found 10s. 6d. on him.
The prisoners statement before the Magistrate was here read as follows:—"The bundles were my own—I was taking them home to my mother."
Prisoners Defence. I was taking them to my mother to be washed.
NOT GUILTY .
NEW COURT.—Tuesday, September 20th, 1859.
PRESENT—Mr. Ald. ROSE, Mr. Ald. ALLEN, and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq. and the Sixth Jury.
PLEADED GUILTY .— Four Years Penal Servitude.
JOHN DAVIS— PLEADED GUILTY .— Confined Twelve Months.
MARY DAVIS— PLEADED GUILTY .— Confined Six Months.
MESSRS. ELLIS and BEST conducted the Prosecution.
JOSEPH NICHOLLS (Policeman, K 97). I produce a certificate—(Read: "Central Criminal Court, August, 1858; Edward Potterton, convicted of uttering counterfeit coin, having other counterfeit coin in his possession.—Confined Nine Months")—I was present—the prisoner is the person.
JONATHAN FLOWER . I keep the Ship Tavern, in Ivy-lane—on 11th August, about 12 o'clock, the prisoner came to my bar and called for a glass of ale—the price was 2d.—he offered me a sovereign—I tried it, and it was good—I put it into a bowl which I have in the till; there was no other sovereign there—he then said, "I won't trouble you, I have got coppers enough"—I gave him the sovereign back—I am sure I gave him the sovereign that he gave me—it was the only one there—not a second elapsed between my putting it in the bowl and giving it him back—I gave him the good sovereign back—he then searched his pockets, and he had only 1 1/2 d.—he said, "I have only 1 1/2 d.; I must trouble you now to change the sovereign"—he put a sovereign down, and I saw directly before it left his fingers that it was not the same one that he gave me before—it was rather brighter than the first one—I should know it again—this is it (looking at it)—he put it down on the counter, and I immediately took it, and found it was much lighter and altogether different from the one I had in my hand before—I put it in my mouth and bent it; and told him it was bad—he asked me to give it him back, which I refused to do—a woman came in and asked for 1 1/2 d. worth of gin and peppermint, and stood by his side—she walked out very quickly when she heard me call to the lad to go for a policeman—I gave the policeman the sovereign.
Prisoner. Q. What door did I come in at? A. At the side door—I
don't recollect that I swore that the sovereign never left my hand—(The witness deposition stated, "The sovereign never left my hand.")
Witness. That was the bad sovereign—there was no one there who could have taken up the good sovereign—I saw you take it up distinctly and put down a bad one—the doors were all open—you had an opportunity of escaping; but I should not have allowed you to do so—from the time of your giving me the sovereign to my getting the policeman was from seven to ten minutes—the woman came in at one door, and you at another—there is a partition across the bar—the door was open, and there was nothing between you and her, but a little rail—you might easily have passed the good sovereign to her without my seeing it—I did not see you in conversation with her, or with any one else—I never saw you before.
EDMUND BUTTERWORTH (City policeman, 273). I was sent for to Mr. Flower, the Ship Tavern, in Ivy-lane, on 11th August, in the middle of the day, and took the prisoner in custody—I found on him 1 1/2 d. and an old knife—I asked if he would give his address, and he said, "No"—I received this sovereign from Mr. Flowers.
Prisoner's Defence. I am unfortunately one of the persons who have been on strike. I have been to all the masters I knew but could get no employ. On the morning I was taken I went to the Brighton terminus and got a job to carry a box and a carpet bag to the Post-office, for which the gentleman gave me what I supposed was a shilling; I went with it a few steps when I opened my hand and saw to my surprise it was a sovereign. I went to get a glass of ale and the prosecutor said it was bad; I asked him to give it me back and he refused, and called a policeman, and gave me in charge. I could have escaped but I did not; I waited till the policeman came, which did not look like guilty knowledge, and I had no other money in my possession.
GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BEST conducted the Prosecution.
CHARLOTTE TURNER . I am the wife of William Turner—he keeps the Ship and Bell beer-house in King-street, St. George's in the East—on Saturday, 20th August, the two prisoners and two other persons came into the house; Johnson called for a pot of beer and gave me a bad half-crown—I put it into my pocket, where I had only a shilling and a sixpence, but no other half-crown—they drank the beer—they had three or four pots amongst the four of them—one of them then called for some cold meat and vinegar—I served it—it came to 5d.—they eat it between them—they all had some, and then Stamp brought me a half-crown and told me to take the 5d.—I had not change, and I gave the half-crown to Mr. Harding who was standing at the bar—he gave me 2s. 6d. for it, and I gave Stamp the 2s. and a penny in change—Stamp then came out of the tap-room where the other prisoner was, and got more beer and paid for it with a good shilling—shortly after that they all four went away together—soon afterwards I gave my husband the half-crown I had received from Johnson and he
marked it in my presence—I saw him give the policeman the two half-crowns.
Johnson. I gave her a two-shilling piece; that was all the money I had in my possession—that was the first beer we had.
Witness. No; you gave me a half-crown for the first beer you had of me—you gave my husband a two-shilling piece for the first pot of beer.
Stamp. I had 4d. worth of meat, and a 1d. worth of vinegar, and I paid for it, and a pot of beer—it came to 9d.—I gave her a shilling, and she gave me 3d. Witness. No; he gave me a half-crown to take 5d.; I had not the change for it, and Mr. Harding took it.
GEORGE HARDING . I am a grocer of Gravel-lane—I was at the Ship and Bell that day—I received a half-crown from Mrs. Turner—I gave her change and put the half-crown in my pocket—I did not take any note of it—I had no other half-crown in my pocket—I kept it there till I got home—Mr. Turner afterwards came and said to me, "What did you get from my wife?"—I said a half-crown—he told me to look at it—I pulled it out of my pocket—it was bad—I am certain it was the one I got from Mrs. Turner and gave her change for—I had no other in the meantime in my pocket.
Stamp. Q. You said you put it in your pocket with more silver? A. Yes; but not with a half-crown—I had no other.
WILLIAM TURNER . I keep the Ship and Bell beer-house, King-street, St. George's in the East—on 20th August I saw the two prisoners at my house, and two others—Johnson ordered a pot of beer of me—the price of it was 4d.—he gave me a 2s. piece—I gave him 1s. 8d. in change—I put it down on the table and said, "Here is your change"—I left the house shortly afterwards, and when I came in I received half-a-crown from my wife, and marked it—I received a half-crown from Mr. Harding, and marked that—I gave those two half-crowns to the officer, Bilham—on Sunday, 21st August, I went to Westminster—I saw the prisoners standing in the Broadway—a constable came by and I pointed them out to him—they were walking into the Grapes—the constable kept a watch over them while I went and found another constable—we then went into the public-house both the prisoners were sitting in the tap-room—I pointed them out and gave them into custody.
JOHN PIERPOINT . I am a labourer, and live in Tothill-street, Westminster—on 19th August I was in Mrs. Biber's shop, and the prisoner Stamp came in for half-an-ounce of tobacco—it came to 3d.—he offered in payment a shilling to Mrs. Biber's sister—she found it was bad and she put it back on the counter—Stamp took it up—I told him it was very hard for an innocent person to get hold of bad money, they might get locked up and other trouble might follow it—Stamp left the shop and I followed him—he joined the other prisoner—I spoke to the officer 130 B—I went round with him and found Stamp in Mr. Ryan's house, stripped ready to fight—he came out and Johnson came out afterwards and gave Stamp some money—they then separated and Stamp went round the Broadway.
Johnson. I was not in Westminster. I was in Woolwich Arsenal that day. Witness. I saw you on that Friday evening after Stamp had been quarelling in the public-house—he came out and you followed him and gave him some money.
COURT. Q. Have you any doubt that Stamp is the man who came for the tobacco, and that Johnson is the man who came out of the public-house and gave him some money? A. I have none.
CHARLES BILHAM (Policeman, B 130). I was in the Broadway, Westminster, and saw the last witness—in consequence of something he said to me I saw the prisoners—they were in the public-house quarrelling—shortly afterwards they came out and I saw something pass between them—I could not see what it was—on 21st August I went to the Hoop and Grapes public-house in the Broadway, and saw the prisoners—I charged them with uttering two bad half-crowns to Mr. Turner—Stamp said he had only a sixpence which he paid for his refreshment, and Johnson said he gave a shilling which was all the money he had—they were searched—3 1/2 d. was found on Johnson and 7 1/2 d. on Stamp—these are the two half-crowns I received from Mr. Turner.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and BEST conducted the Prosecution.
JESSIE HAYTER . I live with Mr. George Alexander Tulton, who keeps the Green Gate beer-house, Tottenham—I am his wife's sister—on the 27th August the prisoner came in with several other persons about six o'clock in the evening—I served the prisoner with beer, I should think, seven or eight times—four times he paid me with a half-crown—it was paid for separately after each pot—I put the half-crowns on the table in the bar parlour—there were no other half-crowns there—I afterwards showed them to Mr. Tulton; he tried them in my presence, and found them bad—while the prisoner was there a man with whom he was drinking paid a bad shilling—that raised my suspicions—I saw Mr. Tulton give the half-crowns to the police-constable, and the prisoner was given to him also.
Prisoner Two half-crowns was all the money she took of me.
Witness. No it was four—I am quite clear that the whole of them were given by you.
GEORGE ALEXANDER TULTON . I keep the Green Gate beer-house, West-green, Tottenham—on 27th August the prisoner was at my house and two others whom I knew well with him—they were drinking there three or four hours—one of them tendered a bad shilling, and the last witness called my attention to these half-crowns, which were lying on the bar table—I looked at them and tested them with nitrate of silver—I found them all bad, and I marked them and gave them to the constable, Ince, with the prisoner—I could recognise the other man.
WILLIAM INCE (Policeman, N 342). On 27th August, I was sent for to the beer-shop kept by Mr. Tulton—I found the prisoner outside the door—he was given into my custody—I searched him and found on him ten shillings in good money; there were two florins, five shillings, two sixpences, and fourpence half penny; and I found a bag in his trousers with a bad shilling in it tied up in a corner—I received these four half-crowns from Mrs. Tulton.
Prisoner's Defence. I had no bad money about me that I know of. I had no money but what I worked for; if any was bad, it was unknown to me.
JURY to JESSIE HAYTER. Q. When you were paid for the beer, what change did you give? A. I can't recollect—I gave him a two-shilling piece at one time—what the other was I don't know—the shilling which was
found in the prisoner's bag was the one which had been tendered to me by another man—I had refused it and marked it.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and BEST conducted the Prosecution.
JAMES BRANNAN . I was Inspector of G Division of police—on 4th September I went with several officers to the White Horse, Baldwin's Gardens, which is kept by the prisoner—the door was closed—Inspector Briant knocked at the door, and it was opened by the prisoner—there were seven or eight officers—we entered, and several of the officers rushed up stairs—the prisoner said to me, "Are you Mr. Brannan?"—I said "Yes"—she said, "What is the matter?"—I said "We have come to search for counterfeit coin; I have instructions to do so."—She said, "O dear me, you will find nothing of the kind here"—I said, "Come with me, and be present at the search"—she followed me up to the one pair landing—I was preceding her, and I heard a rustling noise—I looked back and saw her running down stairs—I immediately followed her, and found her inside the bar in a stooping position—I then saw her stand up with this bag in her right hand, which she concealed in the folds of her dress—I went up to her and asked her what that strange conduct meant—she pushed me away, and said, she was a lone woman, and the house was frequented by gay characters—Mr. Briant was standing by me, and I saw her throw the bag from her hand on a chest near the beer-engine, and she pushed a drawer in with her elbow—she was then taken to the bar parlour, and I proceeded to make a further search—at that time I was called to her; she said she wanted to speak to me—I said, "If it is anything relating to this case, what you say, I shall name in evidence"—she then said, "If you will go to Jack Burns' house, in Laystall-street, you will find what you want. I will be upon my oath, I did not know where they were made till yesterday; I was never in his house myself, but my lodger, Mrs. Westgate, has been, and she will show you"—Mr. Everett and other officers accompanied her, and I took the prisoner to the station in Old-street, and while the charge was being taken, she requested to speak to me, and said, "The fact is, these things were made in a street in Camberwell; I don't know the number nor the name of the street, and I forget the man's name; but I should know it if I were to hear it."—I said, "Is it Jack Burns;" she said, "O yes, Sir, that is the man"—I found the bag; we placed it on the bar parlour table, and it contained two sovereigns, twenty-two half-sovereigns, all wrapped in separate papers; eight crown pieces, nine half-crowns, thirteen florins, and sixty-seven shillings, in packages—these are them.
Cross-examined by T. ATKINSON. Q. Did you find the house closed? A. Yes; it was Sunday afternoon, the time it ought to be closed—it has been usually closed since the conviction of her husband—I believe the house was transferred to her father, but she was still the occupant—I believe she was assisted by her sister—she did not say a word about Burns having left these things there—when she followed me up stairs she had not the parcel in her hand, I am sure—I don't think it would have been likely to escape my notice—she had it not when I went in at the door nor when I went up stairs—when I heard the rustling there was not time for her to get it in her possession—I saw her picking it up from the parlour floor—she strove to conceal it under the folds of her dress—I know nothing about her before
she got acquainted with Burns—I believe till that time she bore a good character—I believe her father is a respectable man.
MR. ELLIS. Q. You say that the house was closed; was it more than the door being shut? A. I believe it was bolted inside—her sister's name is Cruse—I see her in the gallery.
BENJAMIN BRIANT (Police Inspector, G). I went with Brannan and other officers to the prisoner's house—on the door being opened, I saw the prisoner—I went up stairs with other officers—while I was searching the second-floor landing, I heard a noise down stairs on the ground floor—I went down and saw Brannan scuffling with the prisoner—he told me she had a bag in the folds of her dress—I assisted him to try to get it, and she threw it on a shelf near the beer-engine—I then took her in custody and conveyed her to the bar-parlour—I had seen her push in a drawer with her elbow—it was a little open, and she closed it—I searched that drawer, and found in it a paper packet containing sixteen half-crowns, another packet with twenty shillings, all in one piece of paper, and another lot of nineteen shillings loose; and there was a piece of paper in the drawer which had apparently been round them—I have heard Brannan's evidence as to what the prisoner said; it is quite correct—I searched the bar-parlour and found three memorandum books—one is for rent received from, a lodger, named Westgate, and signed J. Hatton—there were some receipts for rent—I showed them to her—she said they were paid, and the brokers were put in on 29th August.
Cross-examined. Q. Did you hear her say that Burns had left the counterfeit coin there? A. No; I am quite sure I did not hear anything of that—I have been looking after Burns in consequence of the statement the prisoner made to Brannan—I know that-the license of the house is granted to her father—I was present when it was granted.
GEORGE STANFORD . I am conductor of the Patriot omnibus—I saw the prisoner on 24th or 25th August—she got into the omnibus at the Angel, at Islington—there was an elderly lady with her—she rode to the Archway Tavern—the fare was 4d. each—they got out there, and the prisoner gave me a shilling to pay for both—I gave her a fourpenny-piece in change—the prisoner went into a grocer's shop—I put the shilling in my mouth and found it was bad—she said it must have been taken when she was out, and she gave me three fourpenny-pieces—I had known her for eight or nine years.
The prisoner received a good character.
— NOT GUILTY .
MR. BEST conducted the Prosecution.
THOMAS HANCOCK . I am a plumber, in the employ of Mr. Lawrence—I was employed on 3d September in repairing a water-closet at Mr. Schloss's; on removing a portion of the seat I found a piece of leather tied up with some money in it; it lay nearly upright—I examined the contents—there was 2l. 18s. in it—I took it to the warehouseman and spoke to him about it—I kept it by me and returned to the water-closet, and I found a cap with a quantity of money in it—I did not count it—I gave the cap and the leather bag and money to Mr. Hockley—while I was at work, after I had found the first lot, the prisoner came to me—I had then got the top of the
seat off—he said to me, "What are you doing here?"—I said, "I am going to clear the closet,"—he said, "It don't want anything doing to it"—I saw him again several times down in the basement below, and he went round to the back of the water-closet—he could get from there to the place where the cap was, by removing a few things—the seat had been removed—it was made to lift off and on.
CHARLES RUSSEL HOCKLEY . I am in the employ of Mr. Joseph Schloss, of 13, St. Thomas the Apostle—the prisoner was in his employ the last year or two—on 3d September I was told something by the last witness, and I received a cap from him which contained money—I gave it to the policeman, after consulting with Mr. Schloss—I had some idea that the cap belonged to the prisoner from his having worn one like it—I sent for the prisoner, and he came up in the counting-house—I asked him if he knew anything at all about the coin or the cap, and told him I believed it was his cap—he said it was not his, and he knew nothing at all about it—after the officer had left the counting-house I told the prisoner if he knew anything about it he had better inform me—he said, well, he would tell the truth about it; that in the house in which he was living he had seen a man named Burns, or Burney, place this money in a recess on the first floor, and knowing he had no right to it, he considered that he himself had as much right to it as Burns, and he took it from there—he said, when he first took it he thought it was good, but he afterwards found it was bad—I asked if ho had passed any of it—he said "No."
THOMAS CHARLES EVERETT (City policeman, 63). I went, from information, to Mr. Schloss's warehouse on 3d September—I received this cap, which contained a quantity of coin—here are 6 half-sovereigns, 7 crowns, 12 half-crowns, and 73 shillings—I went away and went back again, and saw the prisoner—Mr. Hockley said he suspected the prisoner of having concealed the counterfeit coin in the water-closet—I asked the prisoner if that was so—he denied all knowledge of it—I asked him his address—he said, at the White Hart, Baldwin-gardens—I ascertained that he did live there—I asked him who were his associates—he said, persons living in the neighbourhood of his residence—I left him in charge of Mr. Hockley—I came back again, and the prisoner was taken to Bow-lane station—after the charge was taken he made a statement, which I took down in writing—I said anything that he said would be given in evidence—he said, about three months ago he frequently saw a man called Jack Burns go to a cupboard on the first-floor at the White Horse, and knowing he had no right there, it induced him one morning, about six weeks ago, to search that cupboard, where he found a cap containing the same counterfeit coin that was found in the cellar of the warehouse: when he brought it to the warehouse he looked at it and found it was counterfeit coin, and he concealed it under the seat of the water-closet.
WILLIAM WEBSTER . These six half-sovereigns are all bad, and from one mould—all this coin is bad—here are 210 pieces altogether—many of these are from the same moulds as those produced on the trial of Jane Hatton.
NOT GUILTY .
MESSRS. COOPER and BEST conducted the Prosecution.
GEORGE EWING . I am a grocer of 94, Wentworth-street, Whitechapel—at near 10 o'clock at night, on Friday, 19th August, the prisoner came to my house and asked for a packet of cocoa—I served him—the price was
1 1/2 d—he tendered in payment a good half-crown—I examined it and gave him 2s. and was about to give him 4 1/2 d. when he made some objection to the cocoa—he said, "I don't like this one; give me one of those out of the window"—I turned my bead to get a packet out of the window—I placed it on the counter, and he said, "This is not the sort; I want one with tin foil on"—I said, "I have not had any"—he said, "Yes, I had one here to day"—I said, I had none—he said that would not do, and told me to give him the half-crown back—I did so—the shillings which I had given him where two old ones—he put 2s. down on the counter, and took the half-crown and walked out—I took up the 2s. the moment he was gone—I found one was a Victoria shilling and a bad one—I marked it and kept it by itself till the next day, when I saw the prisoner in Commercial-street—I watched him with two more men into a beer-shop—I went in search of a constable—he came with me, and we went in the beer-shop where he was—I gave the constable the same shilling that I took off the counter.
Cross-examined by MR. DOYLE. Q. Was the cocoa you gave him of an inferior kind? A. No—I dont know whether those in tin foil are dearer—I don't keep them—I had examined the shillings not half an hour before, when I took the money out. of the till and placed four shillings and two sixpences in it—I knew what there was there—I had made such a close examination that I am able to say that there was not a Victoria shilling amongst them—I met the prisoner in the neighbourhood the next day—I knew his face about the neighbourhood for some time—he was not a stranger to me—when I saw him I said, "You was very clever; you gave me that bad shilling last night, give me another or I will give you into custody;" and he gave me one—he did not say he would rather give a shilling than be taken in custody—he did not say any thing—I gave the shilling to Harris, the policeman—I had kept it in my pocket where there was no other shilling—I marked it before I gave it to the policeman.
THOMAS HARRIS (Policeman, H 81). On 20th August I received from the last witness this shilling (produced)—I went with him in a beer shop in Wentworth-street, and the prisoner was pointed out as being the person who passed the shilling on the previous evening—I called the prisoner out, and told him he was charged with passing a bad shilling on the night previous—Ewing said to him, "If you don't give me a good one I shall charge you"—the prisoner asked one of his companions to lend him a shilling and he did—Ewing then said he should not charge him and I let him go.
CAROLINE SARAH ELLIOTT . My father keeps a tobacconist's shop in High-street, Poplar—on 20th August, a little before 9 o'clock at night, the prisoner came and asked for half an ounce of tobacco—I served him—it came to 1 1/2 d.—he put down a good half-crown—I gave him in change 2s. 4 1/2 d.—the shillings were old ones—when the prisoner had taken up the change a man came in and said, "Have you taken change?"—the prisoner said, "Yes"—the man said, "What do you take all the young woman's change for; I have 1 1/2 d.;" and he gave him 1 1/2 d.—the prisoner then put down the two shillings and six-penny worth of halfpence on the cigar table and said, "Give me my half-crown"—I gave him his half-crown, took up the change, and found there was one bad shilling and one good one—I said to him, "Master, this is not the shilling that I gave you; it is a bad one"—he said, "What are you talking about?"—my father was at the door—I called him and handed him the shilling—he bit it and said he thought it had been in a pocket with chalk, and he thought it was good—the prisoner
left, and I then said to my father, "Look at it again; I think it is bad"—he did, and then he followed the prisoner.
Cross-examined. Q. How far is High-street, Poplar, from Whitechapel? A. It may be two or three miles—when I took the shillings out of the till I saw that they were old—I could swear to them—I said at first that they were old shillings, and I have said so all along—I said so to my father after the prisoner was gone—I always notice the money I take and what I give in change.
JOHN RALPH ELLOTT . I live at 14, High-street, Poplar—on Saturday evening, 20th August, I was standing at my door—I heard an altercation between the prisoner and my daughter—I went back to the shop and my daughter said, "Father, here is a counterfeit shilling"—I looked at it and tested it between my teeth—I said I thought it was good—she said, "Look better at it"—during the altercation the prisoner left the shop, and on inspecting the shilling more narrowly I discovered it was bad—I went out to look after the prisoner—I walked half a mile after him—I took a policeman with me—I met the prisoner in returning home and gave him into custody—I gave the shilling to the constable—it did not go out of my hand till I put it in the constable's—this is it; it has my mark on it.
GEORGE WATTS (Police Serjeant, K 26). Mr. Elliott spoke to me and gave me this counterfeit shilling, and soon afterwards he pointed out the prisoner—I took him in custody on a charge of passing a bad shilling at the tobacconist's shop—the prisoner said he had not pass a shilling—no bad money was found on him.
GUILTY .†— Confined Two Years.
MR. BEST conducted the Prosecution.
SARAH BUTT . I am the wife of Jacob Butt, who keeps the Blue Boar public-house in Long-acre—on Friday evening, 9th September, the two prisoners came in together—Williams asked for a pint of beer—the price was 2d.—he gave me a shilling to pay for it—I gave him 10d. change—I then tried the shilling in the detector and found it was bad—I said to Williams, "This is a bad shilling; give me back the change"—he said it was not bad—I said, "I believe you know what bad money is"—he gave me the change back—I had bent the shilling, and when he told me it was good, I bent it again and threw it across to the tap-room fireplace—I afterwards found it there and gave it to the constable—Hersey said, "Give me back the beer," and he gave me 2d.—the prisoners wanted to kick up a disturbance, and Williams challenged to fight—I tapped one of them on the shoulder and said, "I will have no disturbance in my house"—my husband was upstairs—we had a committee there that night—I sent for my husband and he came down.
Williams. Q. Where did you put the shilling? A. I never let it go out of my hand—I did not drop it in the till—I tried it, and said, "Give me my change back, this is bad"—you asked me to give you the shilling back, but I would not; I bent it more, and threw it across to the fireplace—I did not say I broke it in two—I said I could find it if I looked for it, but I did not look for it then—I afterwards found it where I had thrown it, and I marked it afterwards.
9th September, I was called down stairs to the bar—I found the prisoners in the tap-room—the moment I came down Hersey came out of the tap-room, and called for a pint of beer—I drew it; it came to twopence—he tendered me a bad florin—I asked him how many more of them he had got?—I am not aware that he made any reply, but he would have made his way out had it not been for the customers that were there—Williams was sitting in the tap-room—I sent for a policeman and gave them both into custody, with the florin and the shilling.
Hersey. Q. Did you show the florin to any one? A. No—you said afterwards that you did not know it was bad, and that you took it of a Bus conductor—I did not call you a smasher.
Williams. You called me a smasher, and I turned wind and told you I was as respectable as you, and I had two houses in business of my own; and you said you knew better than that, and gave me in charge, Witness. No; there was no such conversation.
JOHN WHITTINGTON (Police-serjeant 37). On the evening of 9th September, I was called to the Blue Boar, and found the prisoners—Mr. Butt charged Hersey with having tendered him a bad florin—I asked Hersey where he got it?—he said he took it from a Bus conductor as he rode from the Elephant and Castle to Charing Cross—Mrs. Butt told me that Williams had tendered her a bad shilling—Williams did not make any reply—I was going to search Williams; he had his hand in his right-hand pocket; I caught his hand, pulled it out, and found in it a counterfeit florin—I found nothing on Hersey—this is the shilling I received from Mrs. Butt, and the florin I received from Mr. Butt.
Hersey. I told you where I lived, and you found it correct. Witness. Yes.
Hersey's Defence. I did not know that the florin was bad; I left home and went to see a friend; I had half-a-crown in my pocket; I came home by a Bus, and gave the conductor the half-crown; he gave me the florin; I was going along and the prisoner asked me to direct him to Drury-lane; I did so; he thanked me, and asked if I would partake of some porter. I said I was going to have some. He called for a pint; I drank, and then the lady took the porter back, and said the shilling was bad. I said I would pay, which I did with twopence. I then went with the pot, and I said to the publican, "Fill this." I gave him the two-shilling piece; he said it was bad; I said, "You don't mean that; I took it from the conductor of the Bus" He sent for a policeman, I was searched, but no other money was found on me but three halfpence. If I had known this man was a passer of bad money, should I have attempted to offer bad money in a few minutes after bad money had been refused? I should have gone tried somewhere else.
COURT. to MRS. BUTT. Q. Who was it drank the beer for which the shilling was given? A. I can't say; I was busy—the beer was nearly half drunk—I can't say who had the pot when the 2d. was given to me.
GUILTY.— Judgment respited.
OLD COURT.—Wednesday, September 21st, 1859.
PRESENT—The Right Hon. the LORD MAYOR; MR. JUSTICE BYLES; Mr. Ald. COPELAND, M.P.; Mr. Ald. FINNIS; Mr. Ald. ROSE; Mr. Ald. ALLEN; and ROBERT MALCOLM KERR, ESQ.
Before Mr. Justice Byles and the Fourth Jury.
823. THOMAS GOODFELLOW (10), was indicted for stealing a post-letter from a post-office, the property of the Post-master-General. Second count, for stealing out of a letter a bill of exchange for 17l. 7s. 9d., two other counts for stealing another post-letter, containing an envelope and stamp.
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN FIGGINS WATERMAN . I am a letter carrier in the Bow-road district—on 19th August, I went to the house of the prisoner's mother at Stratford—I saw the prisoner there and his mother—she gave me this bill of exchange for 17l. 7s. 9d., this letter, and this envelope, addressed to Mr. Thomas Palethorpe, 51, Jermyn-street, London—the prisoner was present at the time she gave these to me, and she said in his presence that she took them out of his pocket—he told me something before that—I had told him it would be better to tell the truth; that he would be sure to be found out if he did not—(MR. JUSTICE BYLES was of opinion that after this inducement any statement of the prisoners was not admissable)—I took charge of the letter, the bill, and the envelope, and on the following morning I took the prisoner to the Bow-road Post-office.
JAMES WILLIS . I am a grocer in the Bow-road—there is a receiving house for the post-office at my shop—the prisoner was in my employment as an errand-boy for about four months—he has repeatedly removed the letters from the receiving-box—he is between ten and eleven years of age—I have kept the receiving-house for about two years, or rather more.
COURT. Q. Were you furnished with any rules by the Post-office? A. Yes; I did not think at the time that I was infringing the rules when I allowed him to take the letters out—I never allowed him to deface or stamp them.
MR. CLERK. Q. Used he to live at home with his mother? A. Yes; he came to me in the day, and went home at night—on 18th August, he went home from my shop as usual—he did not come again next day—I had not discharged him; I expected him to come the following morning with his mother—I had given him a letter on the 18th to take to his mother—I wrote to her again on the 19th, and she came by herself—when letters are posted at my receiving-house, they are stamped with the stamp of my office—we do not obliterate the medallion; that is done afterwards at the General Office; we stamp the back of the letter—I had no other errand-boy—I have an assistant who also takes-the letters from the box; he is 27 or 28 years old.
Cross-examined by MR. GIFFARD. Q. What is his age.? A. Eleven in November.
THOMAS PARTINGDON . I am a constable employed at the General Post-office—on 20th August, the prisoner was given in my charge by the charge taker from the Bow-road Post-office—I went with him to the solicitor's office—he there made a statement—(MR. GIFFARD submitted that no statement made by the prisoner was admissable after the inducement held out to him by the previous witness, there being nothing to show that that inducement had been in any way withdrawn or qualified. See Regina v. Shepherd; 7, Car and Payne. MR. CLERK was not aware of any case that went the length of deciding that an inducement made by one person, would exclude a statement afterwards made to another in the absence of the party first making it, but in the present case he would rather withdraw the evidence.
ELIZABETH HEALEY . I reside at Hillingdon-road, Bow-road—on 13th August, I wrote this letter (produced)—I placed it in this envelope with other papers; it made rather a thick letter, and took a 4d stamp—I addressed it to Mr. Thomas Palethorpe, Jermyn-street—it was fastened with adhesive gum—I gave it to my niece Mary Sampson, to post.
Cross-examined. Q. Did you put the letter in from the outside or in at the door? A. Outside; it is a hole in the shutter—I posted it about 2 o'clock in the afternoon.
MARY BURTON . I am a widow, and live at 10, Montague-terrace, Bow-road—en 11th August, I sent a letter directed to Mr. Jeffery—I put this bill of exchange in an envelope, and then put that envelope into another, and directed it to Mr. Jeffery, 28, Lucas-street, Commercial-road, East—I fastened the envelope safely, and gave it to my servant, Anne Hagreen, to post in the Bow-road.
ANNE HAGREEN . I am servant to Mrs. Burton—on 11th August I posted a letter which she gave me, addressed to Mr. Jeffery, 28, Lucas-street, Commercial-road—I put it into the letter-box at Mr. Willis's, between 3 and 4 in the day.
GUILTY.—Strongly recommended to mercy by the Jury on account of his youth. — Confined Six Weeks in Newgate, and then to be sent to a Reformatory for Five Years.
MR. ORRIDGE conducted the Prosecution.
SARAH THOMPSON . I was living at 4, John-street, Wellington-street—I am now living at 15, Vauxhall-street, Hoxton—I had been living with the prisoner as man and wife for eighteen months before this happened—I left him on the Tuesday afternoon, as this happened on the Wednesday—on Wednesday-night, 10th May, I was with a young woman named Ellen Sampson; we had been to the Britannia theatre, in Hoxton—as we were coming from the theatre we met the prisoner opposite the Downham-road—it was about half-past 11, or it might have been near 12—he asked me where I had been to—I said I would not tell him—he asked me again, and I said I had been to the theatre—he asked what business I had to go to the theatre; what did I want out at that time of night; and he asked me where his goods were—I told him I had sold them—with that I still aggravated him as we went along—he asked me if I would come home with him again—I said no, I did not wish any more to do with him—he asked me where the money was; I told him I had spent the money, I had bought some calico, and some boots—he kept continually asking me if I would come home with him—I said no, and I still kept aggravating him, and telling him to get away, I did not want any more to do with him—with that he said, if I still would aggravate him, he would kill me; he would stab me—he asked me whether I had made up my mind; I said, yes, I would not come home with him any
more, and with that he struck me on the head, and after that I do not remember any more until I found myself in the hospital.
COURT. Q. You told him you had sold his things, and spent the money? A. Yes, and bought some calico and boots—I had done so—they were his goods; I had sold chairs, table, and bedstead—he had paid for them; I had sold them, and spent the money, and I told him so in an aggravating tone—I certainly aggravated him, and caused him to do what he did do—the things fetched 8s. the whole household furniture.
ELLEN SAMPSON . I live at 25, Ingle-street, John-street,. Wellington-street—I was with Thompson on the night of 10th August, coming from the Britannia theatre—I saw the prisoner speak to her—I could not hear what he said at first—I heard him say, "Sally, where are my things;" she said, "Ask the landlady, she will tell you"—he said, "No, you know where they are"—she said, "Will you hit me"—he said he did not know—she said, "Will you take an oath you won't hit me"—he said, "I don't know," and she said, "Keep your hand in your pocket"—then the boy that was with him told me to go and tell a policeman, which I did, and the policeman followed them a little way, but not far—I left them, and met them again when they got to the Lamb, in Kingsland-road—I heard him continually asking her where his things were, and if she did not tell him he would hang for her—she said, "Will you keep your distance? if you wait till I get home I will tell you where they are"—when we got to Shacklewell-lane, he wanted her to go down there with him—she would not, and we walked on till we came near Wellington-street—he then said he would settle it, and I saw him give her one blow in the mouth; I saw him strike her four times with his left hand—I did not see anything in his hand—I screamed—I assisted in taking her to a surgeon's—I saw that she was bleeding—when the policeman came up I tore open her frock, and saw that she was stabbed once in the head, once in the shoulder, once in the breast, and once in the chest.
FRANCIS ROBERTS . I am a ginger-beer maker, and live at 3, Waterloo-place, Haggerstone—I was with the prisoner on this night from 8 o'clock—I was playing bagatelle with him—he asked me to buy a pen-knife with a buck horn handle—he showed it to me, and he had another knife, a little one with a white bone handle—I saw this transaction take place; I have heard the two last witnesses account of it—it is correct.
SAMUEL CRISP (Policeman, N 3). I was near Wellington-street on this night, about twenty minutes to 1—I went up on hearing a screaming, and saw the three last witnesses there—the prosecutrix fell into my arms—I helped her to a surgeon's, and subsequently to the German hospital.
CHARLES FROMMANN . I am a surgeon at the German hospital, Dalston—on the night of 10th August, the prosecutrix was brought there—she was suffering from four wounds, one on the right temple, one on the right shoulder, one on the right chest, and one on the left chest—the one on the right chest was a severe wound—they were such wounds as might have been inflicted with an ordinary pen-knife—she was an in patient for eight days, and an out patient for about a fortnight.
SAMUEL CRISP (re-examined). I was present when Sergeant Bovis apprehended the prisoner on the afternoon of the 11th, on a wharf near London bridge—he requested a cab in consequence of the large mob of people, and I heard him tell Bovis something about that he would do for her if he had his liberty again; I did not exactly catch the words, but they were words like that—I saw nothing of him at the time I assisted the prosecutrix; he had made his escape then—Bovis is not here; he has just lost his wife and a child, and has another child likely to die; I have the doctor's certificate.
COURT. Q. Did you hear the prisoner say at that time that the prosecutrix had ever stabbed him? A. No, I did not.
The prisoner's statement before the Magistrate was read as follows:—"She had stabbed me on the Monday-night before. I am guilty of stabbing her on the Wednesday-night. I had no intention of wounding her at all; I was very drunk at the time.
GUILTY on Second Count. — Four Year's Penal Servitude.
NEW COURT.—Wednesday, September 21st, 1859.
PRESENT—Mr. JUSTICE HILL; Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. Ald. ALLEN.
Before Mr. Justice Hill, and the Fifth Jury.
PLEADED GUILTY.— Judgment Respited.
PLEADED GUILTY .— Four Years' Penal Servitude.
827. WILLIAM ANGUS (42) , Burglariously breaking and entering the dwelling-house of James Walmsley, and stealing therein 108 reels of silk, 129 balls of silk, and 39 bundles of silk, value 450l. the property of Joseph Surr and another. MR. ROBINSON conducted the Prosecution.
JOSEPH SURR . I am in partnership with my son as silk manufacturers in King-street, Cheapside—our warehouse is the first floor—the house is occupied by Mr. James Walmsley—Mrs. Burton sleeps on the premises—the entrance is from the front door in King-street; that is common to me. and Mr. Walmsley; but his warehouse is partitioned off from the passage—I left on 19th August about 6 o'clock in the evening—as far as I know I was the last person there—I locked the door of my warehouse on the first floor—we have three locks on it—I locked them all—I left a quantity of property in that room—my son opened the warehouse the next day—I went a little before 10 o'clock on the Saturday morning, and found the place had been quite ransacked, and almost every thing taken away—the cash boxes had been broken open and money taken; and I missed silk to the value of about 480l.—there was a clock there which was going when I left the night before; it had stopped at half past 1—in my judgment it would take a great deal more than an hour to ransack what I found ransacked in that place—I have seen some of the silk at the Mansion house, and some is here—this is my silk and some that was taken that night—we missed twist silk and balls and reels, and bundles, which is called purse silk—I applied to Mr. Loveridge to take some steps in the matter.
Cross-examined by MR. RIBTON. Q. Is there any mark on this silk? A. Yes; this is the mark that we use, and nobody else—we get these tickets made in London—other silk manufacturers have not the same tickets—we pride ourselves in getting our own tickets—the person who makes our tickets may not make the same for other persons—he may make other tickets—this word "super" means a good quality—there is no mark on the silk itself—we have our own way of doing up this reel silk—we make it at
Leek in Staffordshire—no silk like this comes from abroad—they can't make it in France or any other foreign country—no silk in this condition is imported here, I am sure of it—we never do get silk like this abroad—I do not know whether we could get it—if I were to go to Lyons and take 1000l. in my pocket and ask a man to make it, and give 10s. a pound more than we can make it for, I might get it—there are a great many silk manufacturers in this country—they may make silk very nearly like ours—we have a mark on these reels; this paper on the end—no man in England has that label but ourselves—we sometimes put a little coloured silk at the bottom next to the reel—these balls have no mark on them, but no one keeps this sort but ourselves—they have a mark at the bottom, a piece of scarlet or crimson silk—I believe the mark on this ball is crimson or scarlet—we changed the colour as we found other houses were doing the same thing—you must be aware that this silk is not all in one length, after so many lengths there is a join, and some persons make a good article, and put it on the top and an inferior one under, but we make it all alike—we just make for our own purpose—we have the same mark on the reels—I can't swear that other manufacturers do not do the same, but I never heard of their doing it—they might put a piece of paper or a bit of silk.
MR. ROBINSON. Q. Is putting that silk an idea of your own? A. Yes.
JOSEPH SURR, JUNR . I am in partnership with my father—I left the premises before he did on 19th August—I went the next morning a little before 9 o'clock—I had a difficulty in opening our own door, and sent for a locksmith to open the locks; when the door was opened every thing was in great confusion—some burglars had been there and taken as much property as they could lay their hands on—the locks that I could not open led to the front room on the first floor—we have a front room and a back room, and a passage between them—all the drawers in the front room were open—a panel had been cut out of the door, and they had let the panel lean against the place so as not to excite alarm—what I saw could not have been done in less than three hours—the clock was stopped at half-past 1 o'clock; it must have been stopped; it is a capital clock—the silk we missed was worth 475l., 7l. or 8l. in cash, and 5s. worth of postage stamps—I have seen a list of the property which has been recovered—it is about one-fifth part of what we lost—we missed 150 lbs. of silk twist of various colours; some portion was on reels, but the bulk was in balls, and 176 bundles of purse silk like this; they weigh 11b each—we lost 32lbs. like this, on reels, and about 201bs. Of what is called machine silk—I do not see any of that here—this that is here is our property, and a part of what we lost—I can swear to the whole of this—the iron safe was broken open and three cash boxes.
Cross-examined. Q. Is what has been shown to you about one-fifth of what you lost? A. Between one-fourth and one-fifth—no silk in balls is imported into this country to my knowledge—these are made exclusively at Leek, in Staffordshire—they do not come from abroad at all; they have no silk like this abroad, in any one country—we export a considerable quantity—we buy bales of raw silk—I believe none like this is made in France—I never saw nor heard of any—I believe none of this purse silk is imported into this country, we are large buyers; I should have heard of it—we have a mark at the bottom of these balls of silk, on most of them, perhaps all of them—you will find a bit of silk like this (producing a small piece) at the bottom of those balls; we do it to identify our own silk—I don't know whether other manufactures do the same.
I fastened up the premises as safely as I have for years—about a quarter-past 9 o'clock I locked the street door, and chained and bolted it—I live in the upper part of the house; I came down and fastened the street door, and chained and bolted it, and went up again—all was safe at a quarter-past 9—the next morning at a quarter-past 7 o'clock when the milk-man came I found the glass door wide open, which I had fastened the night before—and the street door had been opened, unchained and unlocked.
Cross-examined. Q. Who lives in the house with you? A. My daughter; she is not married—I went out at 5 o'clock that evening, and came home at 6—the outer door was not shut then; it was not shut till 7—the inside door was shut; the warehouse door was not shut—my daughter lives with me in the top; she is always in the house.
JOHN CANNADINE . I am clerk to Mr. Walmsley—I left his premises on 19th August, at 7 o'clock in the evening—I locked up the premises on the ground-floor; I saw all safe and secure—I went in the morning at a quarter before nine; the place was then in confusion—two coats had been removed, and my desk was broken open—the place had been entered from below, from a place in the lower warehouse, which leads to another house—the boarding had been removed and replaced—it had been fastened the night before, by boards being put up, in consequence of the ground adjoining being vacant—it was a temporary shutter or board, and that had been removed, and replaced again.
JOSEPH COMBER KNIGHT (City policeman). On the morning of the 20th August I went to the premises—the house No. 13, which is next door, is vacant, and at the back part there is an area leading to Mr. Walmsley's—two iron bars had been taken from that area, and some persons had gone down into the basement, and an entry had been made" that way—I went up stairs, and found the box of a patent lock had been taken off from the inside of a door which leads into the general passage, and by that means they could let themselves up stairs; and a panel had been taken out of a partition of Mr. Walmsley's warehouse—this crow-bar was brought to me by a cabman—I compared it with the marks on the iron safe and the cash boxes, and it exactly fitted the marks as far as we could judge.
RICHARD WHITE . I am a brass finisher, and live in Hart-place, Bridge-water-square—on Saturday morning, 20th August, I was passing Mr. Surr and Mr. Walmsley's house, about twenty minutes past 6 o'clock—there was a cart there and a man in it—the door was open, and a man was handing out bags to a man on the pavement, who handed them to the man in the cart—I saw four large bags brought out, about three feet long; they appeared heavy—the prisoner is the man who handed them out at the door to the man on the pavement.
Cross-examined. Q. You had never seen any of these men before? A. No; they were all strangers to me—I was on the opposite side when I entered King-street; but when I saw this I crossed the road—I was near to the pony and cart—the cart was between me and the house—I stopped for a moment to see what was going on—it was all done in a minute and a-half—I then walked on and went to my employ—a person afterwards came to me, and asked if I could identify the man—I was taken to the police-court—the prisoner was shown to me—they took me in a room where the prisoner was with several others—I was asked if there was any one there that I saw in king-street—I said, "Yes; that is the man"—there were about six more men in the room; they were all standing—I could not say whether there were any policemen; there were none in uniform.
MR. ROBINSON. Q. Did you select the prisoner out of the others? A. Yes; I have not the least doubt that he is the man.
CHARLES COLLINS (City policeman, 477). On 19th August, I was on duty in King-street—I saw the prisoner standing against the hoarding of some houses that have been pulled down, looking at the houses—I saw him on two or three occasions.
Cross-examined. Q. What were they doing there? A. Pulling down Nos. 13 and 14—I should think there were a dozen men employed—the prisoner was merely standing looking on—there is a hoarding, and he was standing at the door looking inside—there were other persons looking on—I have only known White since this robbery—I heard him say something to the housekeeper, and I said to him, "You had better come to my inspector;" and when I heard him give a description of the three men, I told my inspector that I had seen one answering that description—the prisoner had not been taken then.
THOMAS LOVERIDOE . I am a silk factor—in consequence of what was said to me by Mr. Surr I went on 1st September with a certain man to the Eastern Counties Railway-station in a cab—when at the station that man got out; I did not get out—I was then introduced to another man and that man got into the cab, and immediately on his getting in, the prisoner and another man got in the cab—I did not hear anything said; but the cab was driven to a public-house called the Knave of Clubs, in Club-row, Bethnal-green—when we got there I got out, and the men got out, and the man to whom I had been introduced walked away, and the prisoner asked me to accompany him and his companion across the street to see the silk—the prisoner and the other man and I went to 14, Old Nicholl-street—we went to a house in a court—when we got in, the prisoner called to a female, who I supposed to be his wife, to bring down the silk—I am not positive whether he ascended the stairs or not—I think his wife brought it down—when it was brought down it was all opened out on the floor, and the prisoner explained that the small reels were one ounce weight, and the larger ones two ounces—I said, "Well, now, I cannot buy this kind; put out all you have of this purse silk," and he did so—I said, "What quantity have you of it"—he said, "There is thirty-nine pounds; but I want to sell the lot as I wish to get rid of it"—I said, "It is a small lot this; I could buy a great deal more of you if you had it"—he said, "There is more of it, and I will take you in five minutes to where the remainder is"—he agreed to sell this separately and I said, "How much do you want for this?"—he asked 1 1s. a pound; that is rather less than half the price of it—I said, "I will not stand to haggle with you; I will give 10s. a pound for the lot"—he said, "You shall have it"—I said, "Very well: make haste and put it in the bag, and put it into the cab"—the understanding being that we were going to see the remainder of the silk—the man who is not in custody then took the bag and carried it towards the cab and the prisoner followed him, and as we were turning the corner of the street the cab drove up with the officers in it—the other man then dropped the bag at my feet and ran away, and the prisoner was taken.
Cross-examined. Q. How came you to be brought in communication with it at all? A. Having known Mr. Surr at least twenty years, I was asked by him to assist him in the recovery of this property—I went in a cab with a man whom the officers introduced me to, and that man left me at the station—he did not go to the house where the silk was—nobody went with me but the prisoner and the man who ran away—the man
the officers introduced to me, introduced me to a second man—the first man left me at the station and the second man left me at the public-house—silk is sometimes sold very much below its value—I don't know of any silk like this coming from abroad—there is French silk, but that is very inferior to this—the duty paid on silk is ten percent—if you have a case of silk which you declare is worth 200l. you pay 20l. for it.
WILLIAM TURNER . I am a cab-driver and live at Walworth—I was employed by the officers to take them to Nicholl-street—I saw a man drop a bundle and run away—the prisoner was taken in custody—I followed Mr. Loveridge to the door of the house in Nicholl-street and found some silk tied up in a sheet—I took it to the cab and went back, and in a closet in the house I found this iron jemmy.
EDWARD FUNNELL (City policeman). On the afternoon of 1st September I went with Knight and saw a cab go down Nicholl-street—I waited and saw the prisoner and another man come out of the court in Nicholl-street, where this house is—I got out of the cab—the other man ran away, and I seized the prisoner—I put him in the cab and drove off to the station—as we were going along the prisoner took this life preserver from under his clothes—he said, "I give you this; I did not mean to give it you, I meant it for the man that has put me away; he is a great rogue, but sooner than I would sell my mate I would cut my throat or suffer death"—this bag did not contain the whole of this property, some was in a sheet and some in a shawl—I found in the prisoner's waistcoat-pocket this small memorandum: "132 ball, 82 two 2 ounce reels, 47 1/2" do.
Cross-examined. Q. Did you take a note of this conversation? A. No; it was not likely I could—I was armed with this jemmy in my hand, which the cabman gave me.
The prisoner was also charged with having been before convicted.
ALFRED ALEXANDER HALL (City-policeman, 127). I produce a certificate (Read: "Clerkenwell Sessions, November, 1851; William Angus, convicted of stealing five gowns and other articles, having been before convicted.—Transported for Seven Years")—I was present; the prisoner is the man.
GUILTY.— Fifteen Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
JOHN LEFFERTY . I am porter to Mr. Boyle, a jeweller, of 28, Cheapside—it is my duty to sleep on his premises, and take care of them—on 28th October I was in the parlour of a public-house in Farringdon-street, about 8 o'clock in the evening, with a female friend, who is servant at the next door to my master's—the three prisoners came in about a quarter past 10 o'clock—while they were there one of them handed me a glass of ale—I left the public-house about a quarter or twenty minutes before 11—the servant left with me—the three prisoners followed me as far as the Old Bailey—I did not say plainly "Good night," but they were for leaving, and one of them; said, "We must have something to drink," and I, having tasted their ale, went into a public-house, and got a pot of ale and gave them some—we then all proceeded together to Cheapside—I bid them good night, and proceeded up Fountain-court—I saw my friend home to the next door, and I went into my master's premises—I took my hat and coat off, and went up
stairs to the kitchen—I then went out to get some beer for the family—I was in my shirt-sleeves—I was sober—in order to get the beer, I had to come to the top of the Court—when I reached the top the three prisoners were standing there—I had a jug in my hand, and one of the prisoners said, "Are you going for your beer"—I went down Gutter-lane to get the beer, and they came down the lane along with me—I am quite certain the prisoners are the persons—I reached the public-house, and went in and got my pot of beer—I came out with it, and when I came out Homer came up to me and clasped her arms round me, and turned her face towards mine, and Judd said, "You shan't have it like that," or "You shan't do it like that," and he caught the jug of beer to pull it out of my hand, and, while I was thus engaged, Pullen came up and snatched the watch from my breast pocket—it was suspended to my person by a guard—it was taken—the bow of it was broken, and my waistcoat was torn by the pluck—(I had not a handkerchief at that time; I had when I was in the first public-house)—Pullen started away with my watch—it was some little time before I could get away from the other two—I ran after Pullen as soon as I could get from the others.
Cross-examined by Mr. PALMER. Q. Is this the guard-chain that was round your neck? A. Yes; I have the loop of the watch here—this was all done at one time—he snatched my watch, and ran away—I went to the public-house at eight o'clock at night; I had not been at any other public-house that evening—I had not been at Mr. Woodings'—the prisoners came in one after the other—I could not say whether Pullen and Judd were there before Horner came—I left about a quarter before 11 o'clock—the prisoners came out with me—I did not request them to follow me—I did not make a request or give a sign to Pullen to follow me—when I got to the Old Bailey, one said, "We must have a little something to drink," and I treated them—I suppose we were in that public-house ten minutes—I paid for that—I can't tell how much money I had—I know I had my handkerchief when I was in the first public-house—I am quite positive I was not drunk—I ran after Pullen, and followed him till I saw him taken by a policeman and a gentleman in Huggin-lane—I was better than twenty yards from him—Horner had hold of me when Pullen snatched the watch, and Judd had hold of the jug—I am sure Pullen took the watch—Horner was nearest to me, she had her arms round me, and Judd was trying to take the beer from me—I was not hurt at all—I was frightened when I saw my watch gone—no harm was done to me—I have not got my watch yet, it was given to the policeman—when I got up to Pullen, when he had been stopped I heard him say that he had thrown the watch down an area—I did not see him give it up to the policeman; I was at a little distance from him—if I had known he was going to take my watch, I could not have prevented him—when I went down to the house to get the beer we all went together—the house was shut up, and Pullen went up to one of the doors, which is at the side next to Goldsmiths' Hall, and knocked at that door, and the owner opened the other door—the prisoners had not asked me to give them more beer, but they passed the remark amongst themselves of having some more beer—they went with me to the public-house—they did not return with me—it was near the door of the public-house that they did it—when I went for the beer I had the money to pay for it—I did not lose that—I had given that at the bar—I did not stop more than five minutes at my master's—I did not ask the prisoners to wait for me—I had not spoken to Horner in the public-house; I spoke to the other prisoners, but not to her.
Cross-examined by MR. SLEIGH. Q. Was not Homer the first that came into the public-house? A. I cannot say—I was sitting at a table enjoying my pipe and my pot—Horner did not sit at the same table—there was nobody in the room but myself and my female friend—Horner sat on the other side—it was Pullen who asked me to partake of their beer—Horner was partaking of the beer that Pullen offered me—I did not enter into conversation with Horner before I left the public house; not a word passed between us to the best of my belief—I cannot exactly say that I never said a word to her before she clasped me in this manner—she might have spoken to me on the way, but not in the public-house.
Q. Do you mean, that when you got rid of your female friend, you and Horner did not enter into conversation and walk up and down the lane? A. No; I mean to swear that she never said a word to me, nor I to her—I mean that up to the moment she put her arms round me she never said one word to me—that I adhere to—I am still in Mr. Boyle's employ—I do not very often go out in the evening—I have not been very long in London—Judd appeared to be more anxious about the beer than anything else—Horner was very affectionate, and Pullen seamed to have most care about the watch.
ALFRED BYLES (City Policeman, 483). I saw Pullen in Huggin-lane on 28th August, in Price's custody—it was somewhere about eleven o'clock at night—I searched three pockets on his right side, and he said that the watch had dropped down an area, and then he dropt it into my hand.
Cross-examined by MR. PALMER. Q. Is it usual to search prisoners in the street or at the station? A. At the station—I searched Pullen to see if he had anything—he did not give the watch up immediately I came up.
WILLIAM COLE (City Policeman, 153). On the night of 28th August, I was in Gutter-lane—I saw Judd and Homer run up the lane about a quarter, past eleven o'clock—I stopped them as I had some suspicion—Horner asked me whether I saw a man running that way?—I said, "No; but you must go back with me"—I took them both into custody—I joined the other officer, and went with him to the station—I heard Horner say to Judd, "Drop it"—I looked behind them and found this handkerchief close by Judd's feet.
Cross-examined by MR. PALMER. Q. Where were you? A. In Gresham-street, about half-a-minute's walk from Gutter-lane—I heard a noise and came up, and saw these two persons running towards me: towards Gresham-street—the noise I heard was more of a cry, as if a person was being choked, or being strangled—you would think any person making that noise was being violently handled—I said that Judd and Horner must go back with me, because I had suspicion of them—they did not attempt to escape, they went quietly—when I got them back, the other officer was there taking Pullen to the station—I asked what had occurred, and he said they were the other two who had committed the robbery.
Cross-examined by MR. SLEIGH. Q. Did Judd give you a name and address which you found was correct? A. Yes, and Horner did the same.
WILLIAM PRICE (City Policeman, 717). On Sunday night, 28th August, I was in Cheapside about eleven o'clock—my attention was attracted to four different parties who were waiting about—they were the three prisoners and another, and they were accompanied by the servant at the jeweller's shop—they went into Gutter-lane—I watched them some time, and while I was
watching them, the servant called out—he made a guttural noise, and the prisoner Pullen ran away—I followed him, and he was stopped—I came up, and Pullen said he had not got the watch, he had thrown it down a grating—I took his arm and felt the watch up his sleeve—he dropped it into the other officer's hand.
PULLEN received a good character— GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
JUDD and HORNER— NOT GUILTY .
PLEADED GUILTY .— Six Years' Penal Servitude.
THIRD COURT.—Wednesday, September 21st, 1859.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. GARBRIEL; and Mr. Ald. ALLEN.
Before Mr. Recorder, and the Seventh Jury.
PLEADED GUILTY .†— Three Years Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
832. JOHN LEIGHTON (28) , Embezzling the sums of 2s. 8 3/4 d., 2s. 10d., and 2s. 11d.; also the sums of 2s. 10 1/2 d., 1s. 7 1/2 d., and 3s. 11 1/4 d.; also the sums of 5s. 4 1/4 d., 1s. 10 1/2 d., and 1s. 11d., the property of Robert Baker his master; to all of which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .—(See next case).
MR. SALTEB conducted the Prosecution.
PETER WORSLEY . I am a saddler of 57, South Audley-street—in the beginning of May the prisoner called several times, and my foreman saw him—I saw him on one occasion, and he asked for a side saddle for Lord Manners—I knew him as being in Lord Manners' service, and my man delivered a saddle to him worth 10l. for which I have never been paid—I should not have delivered it to him if I had not believed that he was authorized by Lord Manners.
STEPHEN HOBBS . I am Mr. Worsley's foreman—the prisoner called there to ask if I had got a second-hand saddle, as his Lordship wanted one—I knew him to be Lord Manners' servant—I said, "No," but I would endeavour to get one if I possibly could—I eventually got one, and he took it away, and said he would see if it was approved of—he did not mention Lord Manners' name at that time—he brought it back next day or the day after, and said that it was not approved of—I told him he had better consult his Lordship and persuade him to have a new one, that he might know the wear and tear of it—he said that he would communicate what I told him to
his Lordship, but did not mention Lord Manners' name—he called the next day or the day after and said that the price was approved of—I said, "I will put the saddle together and bring it up to his Lordship's stable"—he said "No, I am going home and I will take the saddle"—he did so—it was a lady's new saddle—I saw him afterwards and asked him how it was approved of—he said, "Very well."
Prisoner. You are a false man.
LORD JOHN THOMAS MANNERS . The prisoner was in my service; he left in May—I never sent him to Mr. Worsley's for any saddle—I did not know of his having obtained one till the bill was sent in—I had a good character with him.
The prisoner produced a written defence, stating that he was deputed by a fellow-servant, named Stockley, to purchase some second-hand saddles for him, knowing him to be a good judge; that he applied to the prosecutor for one, who sent one to the stable in four or five days by the foreman, who left it in his absence; that as it was not fit for much wear he took it back, and about a fortnight afterwards the prosecutor called him into the shop and said, "Why not get the party to have a new one, and I will give you 10s. commission?" that he bought it, and not being able to sell it to Stockley at a commission, he sold it for 5l., and wrote to his brother for money to make up the sum to pay for it, but that he never gave orders to charge Lord Manners with it.
GUILTY.—Recommended to mercy by the Jury on account of his character. — Confined Eighteen Months.
MR. POLAND conducted the Prosecution.
THE REVEREND CHARLES BULL . I am curate of the parish of St. Ann, Westminster—the prisoner was employed as a teacher in the evening school there—a fund is subscribed for the benefit of the schools, and the Reverend Nugent Wade, the rector, is the treasurer—he signs the cheques as they are required; but when he goes out of town he leaves them signed in my hands, and I give them up as required—previous to 4th June the rector had signed five cheques in blank in this cheque-book (produced)—I was to fill them up as occasion required—I kept the cheque-book locked up in a cupboard in the vestry, and if I filled up any cheques I used the book in the vestry, on the table—the prisoner had sometimes access to the vestry, and I remember on one occasion he was there when I used the cheque-book—in consequence of something I saw in the bankers' pass-book I examined the cheque-book, and found that a cheque had been taken out, and the counterfoil as well—this cheque (produced) is one of those signed by the rector—it has been filled up in the prisoners writing for "Sundries, 31l. 16s. 8d."—the sundries for the month of May had been paid on 4th June, but not to that exact amount—the prisoner was taken in custody in July or August—I went to the police-station and saw him, and in order that the charge might be taken, a question arose as to the amount of the cheque, which was not present, as I had to send to the detective for it, and the prisoner said, "I had the money; the amount was 31l. 16s. 8d."—he said he had spent the money in going to Scotland and Ireland about some property which was somewhere about 400l., I think—he had absented
himself from the school on 8th June—I did not know that he was going to leave, or where he was—he was asked at the station where he lived and declined giving his address—I have seen him write, and am certain this is his writing.
Prisoner. Q. Had not several other persons access to the vestry? A. Yes; other persons might have taken it, but I have no doubt about it being your writing—I had no reason to suspect your honesty; you had been employed twelve months there and bore a good character—you had been known by Mr. Wade in your younger days—a great deal of money passed through your hands; everything is right but this.
COLIN GRANT (Police-inspector C). On 30th August, I was at the station when the prisoner was brought there—I told him he would be taken before the Magistrate for forging a cheque for 31l. 16s. the property of the Trustees of St. Ann's schools—he said, "It is true I had the money, and I wanted it to go to Ireland to endeavour to recover some property."
RICHARD PORTER . I am master of St. Ann's Parochial-school—I have frequently seen the prisoner write—the body of this cheque is in his writing—I have not the slightest doubt of it—I saw him write every evening at the school.
Prisoner. Q. How can you be positive, when you have hundreds of persons writing under you every week? A. I know your writing, I have a copy-book with your writing in it.
Prisoner. Q. Did show the least disposition to escape? A. No.
The Reverend N. Wade not being present, THE COURT considered that the case was not properly proved.
NOT GUILTY .
CONSTANTINE CROKER . I am a waiter at the Princes' Hotel, Princes'-square, Bayswater—the prisoner was a servant there—on 31st August, I left a coat in my bed-room containing a pocket-book with a 5l. note in it—the prisoner had access to that room—this is the note (produced).
MARY RAGAN . I live at 20, Union-court, Holborn-hill—I have been intimate with the prisoner for the last twelve months—on 31st August, I received this letter (produced)—it is in the prisoner's writing—it contained this 5l. note which I marked, and a pawn-ticket—(The letter was signed "Ann Johnson," and requested the witness to take some things out of pawn with the 5l. note enclosed, which was her six months' wages; to get some calico and make her some shifts as soon as possible as she was going abroad with a family, and directed the witness to take 10s. for herself)—I bought the calico as she requested—I got the note changed by a publican, a friend of mine, and got the things out of pawn—I gave them to the prisoner—I saw her the same night.
Prisoner. You never gave me anything. Witness. They are all in a box; Serjeant Potter has seen them.
—she afterwards said that she had found it—that was when I told her that I had traced it—she gave me a paper but it was left at the Police Court—I looked at the box at Mrs. Ragan's, and saw four dresses and other articles, and two sovereigns.
Prisoner's Defence. Mrs. Ragan has been my ruin. I found the 5l. note on the landing as I was going upstairs, and not thinking of the consequences, I put it in my pocket and sent it to Mrs. Ragan to get some clothes; I did not steal it, and am very sorry for keeping it.
She received a good character from Mrs. Ragan. Confined Six Months.
GEORGE ELMORE . I am assistant to Mr. Lawley, a pawnbroker of Fairing-don-street—I produce two Bibles pawned there on 13th September by the prisoner in the name of Wilson—this is the ticket that I gave (produced).
CHARLES TAYLOR . I am assistant to Mr. Payne, a pawnbroker of Shoe-lane—I produce three Bibles pawned on 15th September, by the prisoner in the name of John Gray—this is the duplicate I gave (produced).
THOMAS LACEY . I am assistant to Mr. Thompson of Little Bath-street, pawnbroker—I produce two Bibles pawned on 12th September by the prisoner in the name of John Gray—this is the ticket I gave (produced)
STEPHEN MITCHELL . I am assistant to Mr. King a pawnbroker of High-street, Holborn—I produce three Bibles pawned by the prisoner on 14th September, in the name of John Horwood—this is the ticket I gave (produced).
HENRY ALLEN . I am in the employment of Messrs. Spottiswoode; George Edward Eyre is one of the partners—the prisoner was formerly their foreman in the shop; he left two years ago, and has since been occasionally employed as traveller—he was at the shop most days; he was there every day the week before this—I saw him in the warehouse where the Bibles are kept; he had no business there, that I am aware of—I can identify these Bibles, they have not been sold, they had only been in the place a few days—I know them because they had been out of print some time, and this was a new edition.
CHARLES THOMAS GAYLOR (City policeman). I produce these duplicates; the prisoner took them from between the lining of his coat, while the charge was being taken, and produced them—I saw him go into Messrs. Spottiswoode's warehouse on 16th September; he remained five or six minutes, and came out—I followed him into Nevelle's-court, and asked him what he had in his pocket; he said, "Two books;" he took one out, and I asked him how he paid for it—he said that Mr. Allen gave them to him—I took him back, and then he said that Mr. Allen did not give them to him, but that he took them.
The prisoner produced a written defence stating that he took the books, but intended to replace them.
GUILTY.—Recommended to mercy by Jury and Prosecutor.
Confined Four Months.
MESSRS. ORRIDGE and SALTER conducted the Prosecution.
came up close to my right side, where my pocket is—I was replacing a letter in my pocket which I had just stamped, and found the prisoner's hand in my pocket—I held his hand fast, and saw my purse in it; he would not give it up; I said that I should be obliged to make him, and then he gave it to me—there was 1l. in it, and some silver—a gentleman stopped him; I am sure he is the man.
Cross-examined by MR. METCALFE. Q. Was not the purse put into your pocket? A. I held his hand to my pocket, and told him to put it down—it was completely taken out of my pocket—this is it—I never lost sight of him.
MR. METCALF stated that he could not struggle with these facts.
GUILTY .— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
HENRY RICHARDS . I am a wharfinger, of Limehouse—on Sunday morning, 28th August, I was in Houndsditch; I went into Cutler-street, and then into the Clothes Exchange—I turned into a court leading into the street, and when I got within three or four yards of the bottom, I was accosted by three or four persons, and the prisoner obstructed my progress by pressing himself against me—I had no suspicion, but when I got out of the court I missed my watch—I met a policeman and gave the prisoner in custody—my watch was safe when I went into Houndsditch—I had this guard, it was not cut or broken.
Cross-examined by MR. LILLEY. Q. How far is Houndsditch from the court in question? A. Not 100 yards; I was not five minutes going from Houndsditch to the court—nobody touched me in Houndsditch; the streets were not crowded—it was half-past 11 o'clock—there were not many persons in the court; it is three or four feet wide—there were persons behind me, and the prisoner and two or three others were in front of me—I missed my watch a moment after I had been in the court—then I went about twice the length of this court before I saw a policeman—the prisoner continued in front of me till I came up to the policeman; he did not run away—he was quite near enough to hear me speak to the policeman.
MR. ROBINSON. Q. Did you make any outcry, or any statement about having lost your watch, till you came up to the policeman? A. No.
ELIAS BENJAMIN . I am collector of the Clothes Exchange, Houndsditch—on the Sunday I saw the prisoner come rushing into the exchange with two other persons; I saw that there was something up and followed them; they went out at the middle door into the court—I saw the prisoner press the prosecutor against the wall, draw his watch out, and pass on till he was given in custody—the other two went towards Phils-buildings.
Cross-examined. Q. Is the Clothes Exchange open on a Sunday? A. Yes; Petticoat-lane is three or four minutes walk from that neighbourhood—there were a few persons passing through the court, which is about six feet wide—the centre door of the Exchange opens into it—I stood there easily to be seen—I was on the step when this took place—I went out directly to the prosecutor and said something—when the prosecutor spoke to the policeman I was by his side, and the prisoner kept by his side—three or four persons got hold of him—I mean to say, on my oath, that I saw a watch in the prisoner's hand—I only saw the glitter of it, but to all appearance it was a watch—I cannot say whether it was a gold or silver watch—I had often seen the prisoner before—the watch was passed sideways, and as they passed
the hands, the other two got hold of it—the prosecutor's face was towards me, and the prisoner's back was towards me—he stood in front of the prosecutor, and got him up against the wall—the other two men were standing by his side.
THOMAS DURRANT (City policeman, 532). On Sunday morning, about half-past eleven, the prisoner was given into my custody—I took him to the station, searched him, and found 2s. 3d. and a key on him, and some cards which he tore up—he said "I am only given in custody for being concerned in the robbery of a watch, and I shall not get more than three months."
The prisoner's statement before the Magistrate was here read at follows:—"I am innocent, I wish to have it settled here."
GUILTY .—He was further charged with having been before convicted.
JOSEPH PRICE (Policeman). I produce a certificate (Read: "Central Criminal Court; William Lister convicted, May, 1852, of stealing 32 shawls. Confined. Eight Months")—I had him in custody, and was present at the trial—the prisoner is the person.
Prisoner. I never saw you before in my life.
Charles saunders, a potatoe salesman, of 13, Cross-street, Bethnal-green, gave the prisoner a good character; but Thomas Denman, and William Copping, city policemen, stated that he had also been convicted in 1858 of stealing a watch, for which he had twelve months' imprisonment; since when he has been sentenced to six weeks for another offence; that he was the constant associate of the worst of characters , and lived with a woman who was a convict returned from transportation. Four Years Penal Servitude.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
FOURTH COURT.—Wednesday, September 21st, 1859.
PRESENT.—MR. ALDERMAN ALLEN; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq., and the First Jury.
MR. BEST conducted the Prosecution,
BENJAMIN SMITH . I keep a post-office at 107, Fleet-street—the prisoner came there on 1st September, about half-past six in the evening; he asked for 5s. worth of postage stamps; I gave them to him, and he paid me with a two-shilling piece, a sixpence, and a half-crown—I immediately saw that the half-crown was bad, and I followed the prisoner out of the shop—he turned down Black horse-alley—I overtook him, brought him back, and gave him in charge—he was out of my sight a minute, as I had to go round the counter, but I am quite certain he is the man—I retained the money in my hand—I found the stamps on him, and took them from him—I marked the half-crown, and gave it to the policeman.
EDWARD FOLKARD (City policeman, 369). On 1st September, the prisoner was given into my charge by Mr. Smith—I also received from Smith this half-crown (produced)—I searched the prisoner, and found on him a two-shilling
piece, two shillings, and a sixpence, good money—he refused to give his address.
JOSEPH BROWN HODGKIN . I am a druggist of 3, Monmouth-place, Old Kent-road—on 27th August, about 7 o'clock in the evening, the prisoner came to my shop, and asked for a Seidlitz powder; I gave it him; it came to 1 1/2 d.; he tendered a bad shilling in payment; I discovered it directly—I then asked him to give me the Seidlitz powder back; he did so; then I asked him where he got the shilling from; he said he did not know—I told him he should not have it back again because it was bad—he said he doubted its being bad—I said, "Well fetch a policeman, and he will decide it"—he then went out of the shop—I went to the door to see which way he was going—he was going up the road—I saw a policeman there—he met the prisoner and passed by him—I went to the policeman, showed him the prisoner, and told him he had given me a bad shilling—he took the prisoner into custody—I gave the policeman the bad shilling.
JOHN HUDSON (Policeman, P 82). On 27th August my attention was called to the prisoner by the last witness—I took him in custody, searched him, and found on him a half-crown, a florin, and two half-pence, good money—I took him to the station—I asked him where he lived, and asked his name; he gave the name of Wilmot at the shop, and at the station the name of Barrett, and said he lived at 61, St. Clement's-Jane, Strand—I found he had been lodging there about two months—he lodged there at that time—he was afterwards taken to the Lambeth police-court, remanded to the 31st August, and then discharged.
Prisoner. Q. Was I returning towards the shop or going away? A. You turned round immediately I stopped you, and met me; I asked you where you were going, and you said to the doctor's.
COURT. Q. Had he passed you? A. Yes; I did not notice him at first.
JAMES JOHNSON EVANS . I am assistant to Mr. Penny, a stationer, of 11, Old Bailey—on 18th July last the prisoner came and asked for a quire of note paper; it came to 4d.; I gave him it, and he gave me a bad half-crown—I asked him what he meant by it, and asked his address—he refused answer to both—there were two or three persons in the shop—I went for a policeman; I had to go about fifty yards from the shop before I saw one—Mr. Penny was with the prisoner while I went out—I gave him in charge to Kett—I gave the half-crown to Mr. Penny.
HENRY PENNY . On the 18th July I was called into my shop by the last witness—the prisoner was there—Evans told me he had tendered him a bad half-crown—I examined it, and found it was bad—I bent it and marked it; I took care of the prisoner while Evans went for a policeman—I afterwards gave the half-crown to Kett.
SAMUEL KETT (City policeman, 291). On 18th July, I was sent for to Mr. Penny's shop, and the prisoner was given in my charge for tendering a bad half-crown—I asked him where he got it; he gave no answer—I asked him where he lived, and he refused his address—I received this half-crown from Mr. Penny (produced)—the prisoner was taken on the following day to Guildhall, and remanded.
GUILTY — Confined Two Years.
OLD COURT.—Thursday, September 22d, 1859.
PRESENT—Mr. Justice Byles; and Mr. Ald. CUBITT, M.P.; Mr. Ald. ROSE;; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq., and the Third Jury.
843. CARL KRUSER (25) , Stealing in the dwelling-house of Louis Jonas, one pair of trousers and other goods, value 11l., and 5l. in money, and afterwards burglariously breaking out of the said dwelling-house; to which he
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Justice Byles.
844. JOHN NICOL was indicted for, that he being a bailee of a certain bill of lading, the property of Henry Hunter and another, fraudulently did convert the same to his own use, and did feloniously steal the same; Second Count, for a simple larceny.
MR. GLIFFARD conducted the Prosecution
HENRY HUNTER . I am in partnership with Mr. Francis John Fowles; we trade under the firm of Fowles and Co.—there was a contract between the defendant and ourselves with reference to some coals coming by the Speculation and the Eagle; this is it. (This was dated August 2nd, 1859, by which Messrs. Fowles and Co. agreed to sell, and Messrs. John Nicol and Co. agreed to buy, two cargoes of East Hetton double-screened nut coals from 200 to 250 chaldrons, to be shipped from East Hartlepool, at 11s. per chaldron; payment cash, on handing bills of lading.) On 24th August, I went to the defendant's counting-house, in Lombard-street—before that time the cargo of the Speculation had arrived, I had given the bills of lading for the Speculation on a former day—I received a communication from our traveller, Mr. McGregor, on 24 th; he was then at Hartlepool—when I called at the prisoner's on 24th I took with me the two bills of lading by the Eagle; I did not see the prisoner then; I met him in Finch-lane in the course of the morning, from half-past ten to eleven, perhaps nearer eleven—I told him I had received the bills of lading for the cargo by the Eagle—I showed them to him—he wished me to leave them with him: I told him that that was not according to contract; that the money was to be paid upon handing bills of lading—he told me he wished to show them to his buyers, and if I doubted his honour in the matter, we had better not do business—I replied that a dispute had already taken place with reference to the previous cargo by the Speculation, and that it would complicate matters my doing so, but that if he would give me his word of honour that this matter should have no reference whatever to that, I would let him have the bills of lading; he said it should not, or words to that effect—I then asked him at what time I should call to receive the amount of the invoice—(I had left the invoice previously on the Eagle's coals)—he said at three o'clock, or from three to half-past—I then stated that I would call at three o'clock to receive the money, or the bills of lading to be returned, and that I would endorse them when we settled—we parted then, I think—the bills of lading were not endorsed at that time. (The bill of lading was here read, dated Hartlepool, 23rd August, 1859, for 148 chaldrons East Hetton double-screened nut coals, shipped by Fowles and Co. in the Eagle; master, Benjamin Graham; to be delivered at Cherbourg. The invoice was dated Water-lane, Tower-street, August 24, 1859. Messrs. J. Nicol and Co. to Fowles and Co. 81l. 8s.; expenses in securing bill of lading 2l. 2s., total 83l. 10s.) That was the invoice of the coals by the Eagle—it is not true that the bills of lading were given to the defendant on the understanding that they were to be handed to Mr. Wigdahl to enable him to send them to Cherbourg—I was not aware that he was going to use the bilk of lading until I had endorsed them—I have never been paid.
Cross-examined by MR. SLEIGH (with Mr. Poland). Q. I perceive you call yourself "Fowles and Co.?" A. Yes; Mr. Fowles is my brother-in-law—he has never appeared at all in this transaction—our offices are at 16, Water-lane—Mr. Fowles is there daily—he is about twenty-two and a-half years of age—we have been carrying on business twelve or eighteen months as general merchants, which includes coals as well as anything else—we had been dealing in coals about two months before this prosecution was commenced—this contract was the first transaction I had with Mr. Nicol—this contract includes both the coals by the Speculation and the coals by the Eagle—I did not present myself at his counting-house and solicit his custom; I believe Mr. McGregor did; I was not there—when the cargo arrived by the Speculation, and I delivered the invoice and the bill of lading to Mr. Nicol, he paid me the money for it, 57l. 4s., after calling a second time—I had left the invoice, not the bill of lading—he was at home when I called; the money was paid about an hour afterwards.
Q. How soon after being paid that 57l. 4s. did Mr. Nicol communicate with you and complain, whether rightly or wrongly, that there had been a breach of contract on your part, and that the coals were of a very inferior quality? A. I think he sent along to my clerk in the afternoon of the same day, but I did not know the result of the conversation till the Monday—I do not think I saw the prisoner on the Monday; my clerk would manage the whole affair afterwards, I think wholly, up to the time of his leaving for the North of England—he intended to have gone to Hartlepool, or rather I proposed his going to Edinburgh, Glasgow, and other places: he went to Hartlepool in consequence of a telegraphic message that he received from Mr. Wigdahl; I did not send him there—I am not aware that previous to his going to Hartlepool I had any conversation with Mr. Nicol on the subject; I cannot swear I had not, but, as far as my recollection serves me, I say no—I cannot recollect that he ever stated to me that he had sold that very cargo of coals to Mr. Croll, the proprietor of some gas works, and that they had been returned upon his hands as little better than rubbish; I certainly know, through my clerk, there was a dispute about it, but I never to my recollection saw Mr. Nicol on the subject—I saw this bill of lading of the Speculation before I was paid the 57l. 4s.—the word "heap" is written in here, in very small characters, and also in the margin—those words were in this bill of lading at the time I handed it to Mr. Nicol—I do not know who put them in; they were the same as we received them from the shippers—the original contract did not contain the word "heap"—I cannot say whether the quality of East Hutton double-screened nut coals is different to heap; it depends entirely upon how long the coals have been on the heap—I am not aware that the coals by the Speculation are at all inferior to East Hutton double-screened nut—whether heap coals are inferior to East Hutton double-screened nut depends upon how long they have been on the heap—I am not aware that the description of coals stated in the contract is different from that described in the bill of lading as heap; it would depend upon the survey or examination of the coals—there is sometimes a difference of from 1s. to 2s. between heap coals and coals not heaped; not in all cases.
COURT. Q. Sometimes they are of less value? A. Yes, I never knew
heap coals to be of more value, they are subject to the contingency of being of less value.
MR. SLEIGH. Q. Is not "heap" a deteriorating term, to distinguish them from first class coals? A. Yes; it may be so; I should think it would be—there is not a word about "heap" in my receipt for the 57l. 4s. for the Speculation cargo—the whole invoice is not in my writing, but my clerk's—the words "best double screened" were written by me at the request of Mr. Nicol—he did not refuse to pay until I wrote that; he asked me if I would do so and I put it—I wrote the receipt at his office—by the receipt I mean the words "creditor by cash"—I do not recollect whether Mr. Nicol produced the contract or not; I cannot swear that he did not, or that he did, it was such a matter of indifference at the time—I do not of my own knowledge know that the cargo of coals was refused by Mr. Croll, and that it was sold subsequently on the Coal Exchange at a loss—after Mr. McGregor was sent to Hartlepool, and before the cargo by the Eagle arrived, I called on Mr. Nicol about three times with the Captain of the Speculation, who wished to have it discharged; I think it was before the bills of lading had arrived—on those occasions the loss or damage accruing to him by reason of my alleged breach of contract was not the subject of discussion; he told mo that he was endeavouring to get Mr. Croll to take the coals, and that he had been offering Mr. Croll to allow him so much for taking the cargo off his hands; I think he said he offered 10 per cent.—he told me on the day that I took the other bills of lading, that Mr. Croll had refused to have anything to do with them—on the day that I applied for the bills of lading by the Eagle, it was talked about leaving the matter between us to arbitration, but I refused, in consequence of his not performing his promise of the morning by returning the bills—on that 24th August, on receiving the bills of lading, I called at Mr. Nicol's office, and found him not in; I then left the invoice—Mr. Nicol had not previously requested that the bills of lading should be made out in his favour according to the usage of the trade—I do not know who the Eagle was chartered by; I never saw the charter party—he did not tell me that he had chartered the Eagle; he might have told my clerk that he chartered her for somebody else—I did not charter her—by the bills of lading of the Speculation the cargo purports to be shipped by Mann, Brothers; they are the merchants who we purchased the coals of—the Eagle cargo was likewise purchased of them—according to the usage of the trade the bills of lading ought not to have been made out to the order of Mr. Nicol; he did not request to me that they should be made out to him—the first bill of lading being to the order of Mann, Brothers, they endorsed it—it was handed to me with their endorsement on it, and I handed it to Mr. Nicol—the second bills of lading were not made out as the first, because we acted on our own account, Messrs. Mann, Brothers, got the bills of lading signed as our agents; our clerk attended to it—I never promised Mr. Nicol that the bills should be made out to his order, and never intended to do so—the two guineas for expedition was charged, I believe, in consequence of a telegraphic message sent down to Mr. McGregor by Mr. Wigdahl, which I did not know at the time, to expedite the shipment of the coal; I only knew that from Mr. McGregor; subsequently—I did not know from Mr. Nicol that the bills of lading were required to be sent off to Cherbourg that same night.
COURT. Q. What did you understand about this charge "Expences in securing bill of lading, two guineas;" it is one of your own charges? A. On receiving a letter from my clerk at Hartlepool I made out an invoice for
the coals; and in his letter he stated that I was to make a charge of two guineas for expences he had been put to in having to go to Hartlepool to see these coals shipped, and I believe for some fees to expedite the shipment.
MR. SLEIGH. Q. Did you not hear of Mr. Wigdahl's name in the first instance from Mr. Nicol? A. No; I did not—I only knew Mr. Wigdahl's name as a ship-broker—Mr. Nicol told me, after 3 o'clock, that he had handed the bills of lading to Mr. Wigdahl, and that he had got paid on account—he did not say that the bills of lading must be sent to Cherbourg that night; not a word about it—there was no one present at the conversation in Finch-lane but Mr. Nicol and myself—I met him in the middle of the lane; he said he merely wanted to show the bill to his buyers—he did not say that he would settle at 3 o'clock, if all was in order, and only upon those terms—when I met him in Finch-lane, I think he had not been to business—he did not then speak to me about reducing the chaldrons into tons by adding 10 per cent, according to the usage of the trade—the first invoice was reduced into tons at his request when I went to settle for the Speculation cargo; the percentage was not added—Mr. Nicol asked me how many tons there were, and I referred to the certificate, and found on the certificate 305 tons; that makes 104 chaldrons—when I saw him at twenty minutes to 4 it was at his counting-house—he did not then tell me that he had given the bills of lading over to Mr. Wigdahl—he told me that at the second interview; that was about ten minutes after we parted—he did not say that they had to be sent to Cherbourg—he said he had handed them to Mr. Wigdahl, and had received part on account; and he said if I would take back the bills of lading by the Speculation cargo, he would pay me the difference, and I was to take the cargo in part payment—I presume he was prepared to hand me over a certain portion of the money he had received from Mr. Wigdahl; if I gave him credit for the Speculation cargo, he would give me the balance—this cargo was more than the Speculation cargo—the captain of the Speculation came in during that interview, that is Captain Wetherell—I don't know whether he is here to-day—I saw Mr. Nicol a second time, when he told me about Mr. Wigdahl—I refused to settle upon those terms, stating that it would not suit us to take a voluntary liability upon ourselves; that we were in the same position as he was; that we had bought and sold accordingly—he did not then say, "Then as a man of honour my mode of business is fair between man and man, let us refer the matter to some independent party, and I will deposit the money in the meanwhile"—he never offered to place the money in the hands of a third party; I was willing to refer the matter—he did not offer to refer the matter to some independent party; he said if I would indemnify him for his coats and expenses in sueing Mr. Croll for non-performance of contract, that he would do so, and I refused—I am not aware whether I saw him again next day—I went to Mr. Wigdahl that evening—he did not give me Mr. Wigdahl's address; I knew Mr. Wigdahl—I am not aware that I called on Mr. Nicol next day; I might have done so; I believe I called at the office, but he was not in—I really cannot recollect whether I had a conversation with him the next day—I did not then write down upon a piece of paper the basis of a settlement between us, and afterwards tear it up—that was on the previous evening.
MR. GIFFARD. Q. Was that before you were aware that he had parted with the bills of lading to Mr. Wigdahl? A. Yes—as soon as I had learned that he had done so, I refused to settle unless I had the bills of lading returned, or the money, according to his promise of the morning—
about the middle of the conversation, a gentleman came in, who was introduced to me as a friend of Mr. Nicol's, in the coal-trade; that is the gentleman (pointing to the prisoners solicitor)—I am twenty-six years of age—I do not know whether the prisoner is an experienced man in the coal-trade—the word "heap" was on the bill of lading when I first received it—I was paid for that coal on parting with the bill of lading—I did not interfere much upon the complaint about the quality of the coals by the Speculation it was not suggested in my presence that there should be a survey; I am not aware that any survey was made.
MR. SLEIGH. Q. Did you go with your solicitor to the office of the prisoner? A. On the following day.
MR. GIFFARD. Q. Did you introduce him? A. I did, as my solicitor.
EDWARD WIGDAHL . I am clerk to my father, a broker, at 37, Lower Thames-street—on 24th August last the defendant called at our counting-house, about 12 o'clock in the day—I was not in when he first called—it was about 12 when I saw him—our clerk produced to me a bill of lading, which he had received of him before I came in; it was produced in the defendant's presence and handed to me; it was at that time endorsed, John Nicol's Co.—I called attention to that, and said that the bills of lading were made to Messrs. Fowles' order, and that therefore their endorsement should be on the bill of lading previous to his—he said that it made no matter; they were merely his agents—I replied that in that case I would have nothing to do with it, I would leave it to our managing-clerk, who knew more about it than I did; therefore, if he waited until his return, the affair would be settled—he went away, and told me to tell Mr. Royal, our clerk, that he should wait for him till 2 o'clock at his office—I can undertake to swear that at that time the only endorsement on the bill was, "John Nicol & Co."—he took the bill away with him.
JAMES FEW ROYAL . I am managing-clerk to Messrs. Wigdahl—on 24th August last, I saw the defendant between 2 and 4 o'clock in the afternoon; he Showed me this bill of lading—it was endorsed as it is now, "For Self and Fowles & Co., John Nicol & Co."—I observed that the endorsement did not appear to be regular, the name of Fowles & Co. appearing on the body of the bill of lading, I believed that their name only ought to appear on the endorsement—he replied to the effect that it was all in order, that it was all right; also that there was an arrangement between himself and Fowles & Co., and that he felt authorized to sign the bills of lading—I asked him whether he was authorized to sign them, and how; and, as near as I can remember, his reply was, that there was an arrangement between himself and Fowles & Co., who were his agents, and in fact it was all right, that he was authorized—upon that I gave directions for a cheque to be made out on account—this is it (produced)—it is for 85l.; it has been returned through our bankers as paid.
Cross-examined. Q. You had had other transactions with Mr. Nicol previously, I believe? A. We had had another previously—we had money of hid in our hands at the time.
MR. GIFFARD. Q. How much? A. I am not certain; about 20l. or 30l. I suppose.
The prisoner's statement before the Magistrate was read as follows:—"I have simply to say that the statement of Mr. Hunter is utterly untrue as regards the conversation in Finch-lane—the bills of lading were given to me on the express understanding that they were to be handed to Mr. Wigdahl, to enable him to send them to Cherbourg that evening—Mr.
Wigdahl had telegraphed to Mr. McGregor to obtain the bills of lading, and was ready to pay whatever extra expense there might be to get them that afternoon.
MR. SLEIGH submitted that there was no case to go to the Jury upon either count; that there was nothing to show that the obtaining possession of the property was with any fraudulent intention, so as to constitute a larceny at common law; and that there was no fraudulent detention, in as much as that detention was under a claim of right, the property represented by the bills of lading being the defendant's own property, sold to him under a contract.
MR. JUSTICE BYLES would not withdraw the case from the Jury.
The prisoner received a good character.
NOT GUILTY .
PLEADED GUILTY .— Six years' Penal Servitude.
NEW COURT.—Thursday, September 22, 1859.
PRELENT—Mr. JUSTICE HILL; Mr. Ald; Mr. Ald. CUBITT, M.P.; and Mr. Ald. MECHI.
Before Mr. Justice Hill and the Sixth Jury..
MR. SHARPE conducted the Prosecution.
HENRY FRY (Policeman, F 145). At 4 o'clock in the morning, on 11th September, I was on duty in High Holborn—I heard the spring of a rattle, and in consequence I went to the shop of Mr. White—I found Comber there—after some time the door was opened by one of the inmates of the house—I turned my light on and I and Comber went in—I saw the prisoner in a stooping position in the right hand corner of the shop—he was in the same clothes that he has on now, but he had no hat or boots on—I took him in custody and searched him—I found this silver watch in his waistcoat pocket, and this gold chain round his neck—I also found this Prayer-book in his coat pocket, these two knives in his trousers pocket, and this brooch was about a foot from where he was—I asked where his hat and boots were—he said they were at the top of the house—comber went up and found them—the house, 262, High Holborn, is in the parish of St. Giles, and the house we were in is in the same parish.
Prisoner. Q. Did you find the watch in my pocket or in the room? A. In your waistcoat pocket, and the chain was round your neck—you said they were your own, and I gave them to you—I was not then aware that you had been in the public house.
CHARLES COMBER (Policeman, E 159). On Sunday morning, 11th September, I was on duty in High Holborn about 4 o'clock—I sprang my rattle opposite the house of Mr. White—I went into the shop and went up stairs—I found the prisoner; he said his boots and hat were at the top of the house—I went up and found the boots and this handkerchief in the loft, and this hat was on the roof—there is a communication from that loft to the roof of the house—the trap door was open—the boots were given to the prisoner at the station and he put them on, and the hat was given to him—
I went to the next house which is empty, and the loft door was open—I did not go any further.
SUSANNA BALDRY . I am daughter of John Baldry, who keeps a public-house, 262, High Holborn—there are two houses between that and the house, where the prisoner was found—this chain, and watch, and Prayer-book, are all mine—these knives are not—on Saturday night, 10th September, I went to bed about 12 o'clock—before I went to bed I put my watch and chain, and brooch, and Prayer-book, on the dressing-table in my room on the second floor—I closed my bed-room door—I got up in the morning about half-past 7 o'clock—I missed all those articles, and my bed-room door was open—I had a case belonging to this Prayer-book; the Prayer-book was in the case the night before on my table—this case was found out-side the house—there is a tap-room in the house which has a window opening on the roof—about 10 minutes after I found these articles were gone I went up to look at that window; it was shut—I had seen it shut two or three days before—it was kept shut generally—it had no fastening to it—it could be opened by a person on the roof—I did not see this case of the Prayer-book found outside—my youngest brother found it and he called me up.
Prisoner's Defence. The policeman came and took me along, and while they were taking me they picked up the watch and chain. They found the Prayer-book in my pocket; I am guilty of the Prayer-book but not the watch and chain.
** GUILTY .— Twelve Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
CHARLES MILLARD . I am clerk to a gentleman in Milk-street—on Tuesday, 13th September, I was at a beer-shop in Bath-street, City-road, kept by Mr. Smith, a friend of my father—I went there about 10 o'clock at night—I saw the prisoner there—I had seen him about twice before—while I was there he spoke to me; he asked me what time it was—I told him it was half-past 10 o'clock—he said he thought it was later than that—he then asked me if I did not live in York-street—I said "Yes,"—he said he lived in Charles-street—he played one game at bagatelle with me and two others who were there—after that he asked me if I was not going home before 12 o'clock—I said "Yes,"—I remember his leaving about ten minutes or a quarter of an hour before I did—I left about twenty minutes before 12 o'clock—I went straight home, and when I got within three or four yards of my home I felt something strike me on my head—it was a heavy blow, and nearly stunned me—I caught by the rails—I turned and saw the prisoner—I said, "What did you hit me in that manner for?"—he said, "I hope I have not hurt you?"—I said, "You have; you have cut my head open,"—I felt the blood running down—he put his hand round me, tore my coat open, and wrenched my watch from the chain—my watch was fastened, and he broke the rivet from the watch in taking it—this is my watch—after he had taken it he ran off up the street—I ran after him, and called out, "Stop thief"—I came up with him in President-mews—he said, "Do you want your watch?"—I said, "Yes; give me my watch,"—he said, "There it is," and he ran off up President-mews—the policeman brought him back soon after, and I gave him in charge.
Cross-examined by MR. METCALFE. Q. What time did you go to the beer-shop? A. About 10 o'clock. I am not sure whether the prisoner
was there when I got in—it was half-past 10 when he asked me the time—there were two others there—I don't know their ages—one was an engineer, a young man, taller than I am—we were playing bagatelle; the prisoner and I, and the two young men—I think the prisoner was my partner—we won—I did not lose one game with the prisoner—there was a young man I played one game with—I played two games—there were four playing when the prisoner and I were playing—the other young man I played with was not one of those four—there was another there—there was no quarrelling with the prisoner—there was laughing and talking—there was not a cross word passed between us—I did not quarrel with him just before I left the house nor in the street—I never saw him when I got out till he struck me within about three yards of my own door—I was about five minutes in going from the beer-shop—I had not been drinking that evening—I only had one bottle of ginger-beer, which was 2 1/2 d.—I can't recollect whether the prisoner drank anything—I think there was some beer amongst those who were playing, but I did not drink any—there was no gin ordered; they don't sell it—they have ginger-beer, and I drank it—there is no one here from the beer-shop—I think I had seen the prisoner about twice before that day—I had seen him at that place—I had not played with him before—I go there about twice a week; I don't always play at bagatelle, I talk to Mr. Smith, the landlord—I did not go to anybody and ask them to come here—I did not try to find the two young men who were playing—I did not tumble when I was struck; I caught hold of the palings—I did not strike the prisoner at all—I did not quarrel with him when I came out of the house—I did not say to him, "You cheated me,"—he did not call me a liar—I did not strike him, or he me.
MR. COOPER. Q. Had you any dispute with the prisoner? A. No; I did not play against him at all that night.
BENJAMIN WHITMORE (Policeman, G 238). About 12 o'clock on the night of 13th September, I was in York-street, City-road—I heard a cry of "Stop thief," and I saw two or three persons go up Rahere-street—I went up President-street and met the prisoner—I caught him, and said to him, "Did you holloa?"—he said, "Yes."—I asked him what was the matter—he gave me no answer—I took him back a few yards and met the prosecutor—he was bleeding very much from the head—he said, "That is he that struck me and stole my watch,"—the prisoner said, "You are mistaken, it was not me"—I took him to the station.
COURT. Q. When you first saw the prisoner, was he standing, or walking, or running? A. He was running, and away from his own house.
MR. COOPER. Q. Did you find anything about 5 o'clock that morning? A. Yes: this ring of a watch, on the spot where the prosecutor said he had been attacked.
Cross-examined. Q. How far was the prosecutor from the prisoner when you stopped him? A. About twenty yards—I took him back and met the prosecutor.
JOHN HENRY SQUIRE MAY . I am one of the house-surgeons at St. Bartholomew's Hospital—the prosecutor came on the night of the 13th September—I examined him, and found a contused wound on the upper part of the left side of his head.
Cross-examined. Q. I suppose a fall might have occasioned it? A. If his head had come in contact with the kerb-stone, it might—I don't think a rail would have done it; it was near the upper part of the head.
fourteen or fifteen years; I believe he was a lad who would work for his living, till lately, when he has got in the habit of stopping out rather late at that beer-shop—I am willing to take him into my employ.
MR. COOPER. Q. Have you not heard that he robbed his own father? A. Yes; he did, I believe, about two years ago—he was before a Magistrate and was discharged—I believe his father locked him up rather to frighten him—I have not heard that he was taken on any other charge but that.
JURY to CHARLES MILLARD. Q. On which side of the way were you walking, on the right hand or the left? A. On the left hand side, straight up the City-road—I turned round Charles-street—York-street is the first turning on the left—the prisoner returned my watch before the policeman came up—I swear that the prisoner undid my coat.
GUILTY .— four years penal servitude.
THOMAS WELLS . I live in Mile-end, and am a watchman at Truman and Hanbury's brewhouse—on the 18th of August, at twenty minutes before 2 o'clock in the morning, my attention was called to Spicer-street—there is a public-house there called the Two Brewers, kept by Mr. Arno—I saw four men collected together; two of them went towards Whitechapel and then came back—the four of them again collected together and lifted up the cellar flap of the Two Brewers, and one roan went down—the others put down the flap—we gave an alarm, and the constable came—the other three men then went away—I am not able to identify them.
JAMES LAND . I am an engine-driver in the service of Truman and Co.—on the morning of 18th August I saw some men about the flap of Mr. Arno's cellar—I saw them lift the flap up—one man went down—I gave an alarm, and I sent a man for a policeman.
Cross-examined by MR. RIBTON. Q. Do you know whether there is a yard to the Two Brewers? A. There is a yard; I am not aware that there is any gate to it.
SAMUEL ARNO . I am landlord of the Two Brewers, in Spicer-street, in the Parish of Bethnal Green—on the night of 17th August, I closed my house up—my place was all safe—I was in my cellar at twenty-five minutes before 2 o'clock in the morning of 18th August—I went to bed, and at 2 o'clock I was called up by a knocking at the door, and the springing of a rattle; I got a light and went down, and I heard two men coming up the cellar stairs; I did not see them—I judge from the sound there were two men; I was close to them, only my door was shut—I went to the yard, and the prisoner was getting through the tiles of my water-closet, which is at the bottom of my yard—it is but a small distance from the house—piece of yard intervenes between the dwelling-house and the water-closet; that space is covered over—it is where we clean the pots—I went in the water-closet when I got a policeman and then into the cellar; there was my brandy running into a six gallon bottle; it was full, and running over—there was some port wine ready to be taken; and two gallons of rum out of the rum cask; and a four gallon bottle of port; and a four gallon bottle of brandy had been taken away—I then went in my beer cellar, and found this dirk lantern, and some silent matches—some of the spirits were ready to take away, and some had been taken away.
Cross-examined. Q. You can't tell how much you have lost? A. No;
four gallons of wine were taken away; and four gallons of brandy that I bought of Mr. Betts—that I know I missed, and what else I can't say—I heard two men come up stairs from, the cellar—I had some persons in my house that night, a middling few—I have no tap room—no one goes to my back yard but my own family—no one can go without going through my parlour—this was on a Thursday morning, at 2 o'clock; I had had a good many persons there—I can't tell who they were—I saw the prisoner when he was at the station—he appeared to be sleepy, and began to rub his eyes—I asked him what he wanted, and he said, "To go to the water-closet."
THOMAS GRIFFIN . I am an ostler at Truman and Hanbury's; I live at No. 2, Spicer-street, next door but one to the Two Brewers—on the morning of 18th August, I was disturbed by the alarm—I heard the clock go two, and I heard somebody knocking—I got out of bed to go to the window, and I heard the policeman's rattle springing—I began to dress myself, and went down as soon as I possibly could, and went in my back yard—I saw the prisoner on the top of a wooden fence, between my yard and the Two Brewers—he was coming into my yard, he had made his escape over the tiling—I caught hold of him by the legs, and held him—he said, "Let me go; I will come down"—I said I would not; the policeman came and took him—he had a coat on, and a hat, and they were all over lime, and a little sawdust on his coat, and on his hat more so—I found this burner right under the palings, where I took the prisoner—it is a burner which goes into a small lamp.
CHARLES SMITH (Policeman, H 217). On the morning of 18th August I was called to the Two Brewers—I went into Griffin's, and found him holding the prisoner—the prisoner's coat and hat were all over dusty mortar, and there were several chips of tiles on the rim of his hat—I examined the water-closet; there was a breach in the roof large enough for a man to pass through—there were some matches found on the prisoner at the station, but they have lost them—here are some that were found in the cellar—they are called silent matches.
The prisoner was further charged with having been before convicted.
ELIJAH BROWNING (Policeman, H 132). I produce a certificate (Read;—"Central Criminal Court, June, 1858; Thomas Simmonds Convicted of breaking and entering a warehouse, and ordered to be confined one year"). I would not swear that the prisoner is the man—I said at Worship-street that he was, but since then I have seen another man who I believe was the man convicted.
NOT GUILTY of the previous conviction.
Twelve Years' Penal Servitude.
THIRD COURT—Thursday, September 22nd, 1859.
PRESENT—MR. RECORDER, Mr. Ald. MECHI, and Mr. Ald. GABRIEL.
Before Mr. Recorder and the Eighth Jury.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined One Month.
MR. THOMPSON conducted the Prosecution.
JOHN ACTON . I keep a coffee-shop, at 9, Ship-alley, Wellclose-square—on Monday night, 12th September, about 10 o'clock, I went outside my door, as some women were using bad language outside—the prisoner was on my left side, and in a second I felt my guard pulled—I had a silk guard as well—the prisoner started away from me; I ran after him, calling "Stop thief"—he was stopped, and I laid hand on him almost at the same time—I had lost sight of him—I found the swivel unscrewed and my watch gone; this is it (produced)—it was shown to me ten minutes afterwards—the ring was not attached to it when it was found.
Cross-examined by MR. EIBTON. How long did you lose sight of him? A. For about five minutes, till he came back to pick the watch up: when I closed with him he sang out, "There it is"—he ran up Princes-square into a narrow court, and then I knocked off, as I had lost him—a person came up and told me my watch was picked up, and I went back—I afterwards saw him come out of a narrow street; he was coming to meet us, and we took him—he wanted to know what we caught him for, and said that he knew nothing about it—I was not drunk; I do not drink—it may be ten minutes from the time we lost sight of him till we got him again—there was gas; there was a good light in my window.
JOHN BATEST VANROSSUN —I am a shoemaker, and live at the corner of Ship-alley, Wellclose-square—on Monday night, 12th September, I was near prosecutor's shop, and saw the prisoner run past me very fast—I did not run after him, because I had only my slippers on—about ten minutes afterwards, I saw him in the street again, caught him, and gave him to the man who had lost his watch.
Cross-examined Were you examined before the Magistrate? A. Yes; after I saw the man running, I went into a public-house and drank a glass of beer—I had been there half-an-hour before that—I remained ten or twelve minutes, and when I came out I saw the prosecutor again, and an old woman had picked the watch up; she is not here; she is very ill—the prisoner came on in the direction where I and the prosecutor were; I seized him, and he said, "I have nothing to do with it;" and I said, "Yes, you are the same man"—he said, "I know nothing about it."
The prisoner's statement before the Magistrate was here read at follows:—"I wish it to be settled here. I will never commit such a crime again."
GUILTY .—He was further charged with having been before convicted.
JOSEPH DOUGAL (195 H). I produce a certificate (Read: "Worship-street Police Court, Jan., 1858; Joseph Percival, convicted of stealing a watch from the person.—Confined Six Months")—I was present; the prisoner is the person.
GUILTY.— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
THE COURT, on the production of the marriage certificate of the prisoners, directed a verdict, as to the female prisoner, of
NOT GUILTY .
PLEADED GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
HENRY HUMPHREYS . I am a carman of 7, Huggin-lane, Upper Thames-street—I was in the employ of Alfred Campion, of Upper Thames-street, till last Saturday—on Monday evening, 12th September, about half-past 7 o'clock, I was in Upper Thames-street, and saw the prisoner with two casks of jelly in a truck—I knew to whom they belonged, and went up and asked him what business he had with them—he said that the cooper told him to take there; he then dropped the handle of the truck on the ground, and ran away—I took it to Mr. Campion's warehouse; then got a policeman, and went into the cellar; the doors were open, and we found two casks, one laid on the other, to get out of the trap-door—the jelly-casks were kept on the next floor—the prisoner had worked at Mr. Campion's several times.
WILLIAM BROOKS . I am book-keeper to Chaplin and Home, of Upper Thames-street—on 12th September I saw a truck at Mr. Campion's warehouse, about half-past 7 or a quarter to 8—the prisoner had hold of it, and I saw a man pat a cask of jelly into it down in the basement—I saw the prisoner go up Dowgate Dock with it.
Prisoner. Q. Did you see the man give me any note? A. He gave you a bit of paper.
GEORGE BRANCH . I am clerk to Mr. Campion, of 9, Curzon-lane—on 12th September, about a quarter past 6 in the evening, Humphreys and I left the warehouse—I fastened every door—the back basement door, leading into Dow-gate Dock, was fastened by a single wooden bar running across—there was no bolt—I have never known goods to be taken out at that door since I have been there, which is three or four months—the prisoner has been employed there, and knew the door—when I came on Tuesday morning, I found the bar lying in the cellar, and one empty hogshead piled on another, immediately under the flat, to get into the second floor, where the jolly-casks are deposited—these two casks are worth 7l.
WILLIAM REED (City policeman, 450). On Monday evening, 12th September, I was in Bush-lane, and Humphreys brought me the truck and two casks—I found the basement door pushed in, and lying on the floor, but not broken—I did not see the bar—I searched the premises, but found no one there—I saw the casks one on another.
THOMAS SWART (City policeman, 411). On 13th September, from information I received, I went to Finsbury-street, Chiswell-street, and saw the prisoner come out of a public-house—he ran away—I ran after him; overtook him in White street, and told him I was about to apprehend him for breaking the warehouse of Mr. Campion—he said, "I did not break into the warehouse; I was employed by a person to take the two kegs to Haydon-square"—that was before I told him what he was charged with stealing—I asked him who gave him leave to have the truck—he said, "Mr. Flanaghan"—he was stopped; not in the direction of Haydon-square. but in an opposite direction.
Prisoner's Defence. I know nothing about the jelly—I was employed to
take the casks to Haydon-square—I was not going in any direction, because I had hardly started.
GUILTY* on the second count — Confined Twelve Months.
There was another indictment against the prisoner for stealing the truck.
MR. BEST conducted the prosecution.
JAMES GREEN . I am in partnership with my father in the cutlery trade, at 79, Newgate-street—on 13th August I was the last on the premises—I left about half-past 8—the shutters were up, and the street door fastened—on Sunday morning, from something that was told me, I went back to the shop, and found the outer door secure—the second door had been opened but not forced—a great many things had been taken out of the shop, and others packed up ready to go—no one slept on the premises—I identify all the goods in this bag—I found this crowbar (produced) in the shop.
WALER COX . I am twelve years old and live with my parents at Bull's Head-court, Newgate street—on Saturday night, 13th August, about, five minutes to 10 o'clock, I saw two men at Mr. Green's door—one had a truck which the other was loading things into—they went away towards Skinner-street and shut the door after them—the prisoner was not one of them.
GEORGE MULLINEUX (City policeman). I went to Mr. Green's shop on Sunday, 14th August, and at the end of the counter found this empty flask (produced), apparently burnt, and some burnt paper under it—it had been removed from a case at the back of the shop.
JOHN HENRY TURNER (Policeman, A 421). On Saturday, 13th August, about half-past 10 o'clock, I was on duty in Cow-cross-street, and from something that was said to me I went to 7, Peter and Key-court, and saw a man sitting on the door-step—I asked him something, and went into the house—the door was open—I saw no one there, and went up stairs to the first landing, and then to the top of the house—on coming down again I met the prisoner on the first floor, and asked him whether he would allow me to look round his room—he demanded a search warrant—a great deal of conversation took place, but he allowed me at last to look round the room which he occupied on the first floor—I found nothing there; came down to the parlour and asked him whether he would allow me to look there—he said that he would not; that there was nothing in the room but a perambulator belonging to a neighbour—I asked him a great many times whether he would open the door or not—he said that his daughter had gone out with the key to Golden-lane—I waited three quarters of an hour, and she returned—I asked her in the prisoner's presence whether she had the key of the door—she said that she had not, and knew nothing about it—I said to the prisoner, "Do you mean to open the door or not?"—he would not, and I then told him if he did not I should, and if I found anything there I should take him in custody—he then broke open the door for me and said, "Now you see there is nothing in the room"—I only saw a perambulator, but there was a staircase running through the room, on which I found two bags containing a quantity of cutlery—I asked him how he accounted for their being there—he said that he knew nothing about them—I took him in custody—he is the landlord of the of the house—a person
lives in the top floor—the parlour was unoccupied—I looked about for the key and made enquiries, and on the Tuesday following I went to look again; searched, and found some keys in a box in the prisoner's room; one of which (produced) opened the parlour door.
Cross-examined by MR. THOMPSON. Q. Is it a common door key? A. Yes—I did not try it with any of the other doors of the house—I have not been long on that beat—I know that that parlour was occupied by a lodger some time before—it was not up to let.
Cross-examined. Q. Did he owe any rent at the time? A. Nothing of any importance—he did let out the parlour, but it has not been let for about six weeks—it was cleaned out for the purpose of being able to let it.
The prisoner received a good character.
— NOT GUILTY .
FOURTH COURT.—Thursday, September 22nd, 1859.
PRESENT—ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq. and the Ninth Jury.
856. ROBERT LOGAN (35), and ROBERT GARDNER (48), were indicted for unlawfully obtaining two postage stamps, the property of Richard Sutton—Second Count obtaining two postage stamps of Emma Schofield—Two other Counts for conspiracy.
MR. COOPER conducted the Prosecution.
THOMAS GROVES . I am a licensed vitualler at 208, Upper Thames-street—on 25th August, the prisoner Logan came to my house; he showed me a card, and asked me if it was mine; I said it was; he then said he had been recommended to me by a friend; I said, "What upon;" he said he had been out of a berth a long time, and he was going to advertise for a situation, and asked me if I would take some of the answers to the advertisements for him; I said I would take a few in for him; he then went away—on the following Tuesday he came again, and brought Gardner with him; he then said he had advertised, and I should have a few letters by the morning—on the following morning I received nearly eighty letters, addressed, 0. P., 208, Upper Thames-street; most of them came by post—I had other people also applying—in consequence of this, I communicated with the police—soon after that the two prisoners came in, and I gave Logan the letters—a great many persons called while they were there; a stranger came in after a berth, and showed me an advertisement and a newspaper; this is the identical one—(produced)—I afterwards showed it to Logan, and said, "This is not the kind of advertisement that you told me of;" he said, "It is all right, Mr. Groves, this gentleman (meaning the prisoner Gardner) will engage all the persons that come here"—he said that in Gardner's presence, and Gardner said nothing—Logan then left—Gardner remained—while there several persons called, and I referred them to him, and he spoke to them; he afterwards went away, and I got all the abuse—the letters kept continually coming in; one came in last Saturday—I have given 70 or 80 letters to the officer; they contained either one, two, three, or four, postage stamps—I received a letter from a person named Emma Schofield; it did not come by post—I also received one from Osborne (the policeman here produced the letter)—the one that Schofield delivered to me I gave to the prisoner Logan.
Logan. Q. The second morning I came there, the other prisoner came too, did he not? A. He came with you—when you came once you said, "I believe this is a swindle myself, and will go and put him before the Lord Mayor"—the first morning you came with Gardner, when you went away, a disturbance occurred; you did not answer the gentlemen who came; Gardner did—the morning after the advertisement was in the paper you told me you thought it was a swindle; I told you I had a great many letters; I did not say upwards of 100; I gave the letters to you, you gave some of them to Gardner.
Gardner. Q. It was on the second day that I remained there. A. Yes—you did not go into the tap-room to get your dinner; it was 10 o'clock in the morning; a stranger made the disturbance—you always answered any one who came there for information; you never inquired for Logan to do it.
JANE SUTTON . I am the wife of Richard Sutton—I saw the advertisement in "The Morning Advertiser;" it was in the same words as the one which has been produced—in consequence of that my daughter wrote a letter, and I gave her two stamps to enclose—I took the letter and gave it to Mr. Groves—I received no answer.
Gardner. Q. You enclosed two postage stamps? A. Yes; the application was for my daughter and her son—I thought two stamps was quite enough to send.
BENJAMIN OSBORNE . I am a gas-fitter—I saw this advertisement, and in consequence of it I wrote and inserted two postage stamps, and directed the letter to 0. P., 208, Upper Thames-street, City—I posted the letter; this is it—I received no reply.
THOMAS SMART (City policeman, 411). I received a communication from Mr. Groves on 31st August—on 7th September, about a quarter to 10, I went to the prisoner Logan's lodgings; saw him, and asked him if his name was Logan; he said "Yes"—I asked him if he was the person who represented himself to be O. P. in the advertisement, certifying that he wanted 400 hands; he said, no; it was that man I saw him with the other day—that man was Gardner—I took him into custody—he then said "The fact of it is, that that man has an invention in his head by which the Illustrated London News might be printed at one-third less cost price"—I have a packet of letters here; these are them (produced)—I took Gardner the same afternoon; he had a piece of white paper on his breast, so as to look like the front of a shirt—the whole of these letters contained one or more postage stamps, some three or four; they are all directed to 0. P., 208, Upper Thames-street—on Logan I found this strip of paper, it is a receipt signed by Logan, "Received from Mr. Groves some letters;" and a corresponding one on Gardner—I also found on Gardner the letter which has been identified by Osborne; I had previously opened it at Groves's, and found stamps, and had marked them; they were not in when I found it on Gardner.
Logan—Q. When you took me in charge, did I not say it was a cruel thing that I should be taken in charge for a thing I was not concerned in? A. Yes.
Gardner. Q. When you asked me if my name was Gardner you said you had apprehended Logan; did you not? A. Yes; and you said words to the effect that if Logan was locked up he was innocent, and he did it to oblige you.
Logan's Defence, I met the prisoner Gardner about the middle of August last, and in the course of conversation I told him I was out of a situation, and had been out some time; he then told me he had an invention of his own,
and said he was going to advertise for hands, and said he would give me a situation, for which I was very thankful. He asked me, before we parted, if I could get any respectable place where answers could be taken to the advertisement; he said he could not have them received at his lodgings—I said I would try to get a place. I went to a public-house, and asked the landlord, but he said he could not be bothered. While I was speaking to him, a person named Shoot came up to me, and said, "If you go down to Mr. Groves, he would take them," and gave me a card. I went to Mr. Groves, and asked him if he would oblige me; I told him all about the invention, and he agreed to take the answers; I then left. It was somewhere about a week after that, I met with Gardner; it was the day previous to the advertisement. I said to Mr. Groves, "This is the person I represented; you will be kind enough to give him the letters." I then went away with Gardner. The following morning I went with him again; ten letters were given to me, and two to Gardner. I then went away, and Gardner came and threatened to summons me for these letters—I said "I went and engaged the man, and I was to be the responsible party." He said he had been to Bow-lane station-house, and I was to go with him to receive the letters, and then I was told that I was to come next day. The next morning I was taken to Guildhall, was sent to trial, and here I am now, committed for putting confidence in a man whom I had no reason to doubt.
Gardner's Defence. It is a considerable time ago, since I made a discovery of this invention. I have been assisted by a gentleman with money and other means; he promised further to assist me; he promised me some premises; and up to the Saturday after the advertisement appeared, I expected his assistance, when I received a letter from him, which threw me altogether on my own resources. I determined then, that all the letters I received I would answer, making it compulsory for the persons to find their own references. With that idea I determined to act. The man mentioned in this list offered me security from 10l. to 15l.; if fraud had been my object I could easily have obtained that I might have been rather sanguine, but my object was not fraud. Logan knew nothing at all about what the object was; and probably, having known me long, he might often have heard me talking about it, and consequently he (immediately I told him it was my determination to go on with the discovery) gladly took the situation I offered him. I care little for myself; but I say that Logan had not the least idea that any thing was wrong.
LOGAN— GUILTY .—Recommended to mercy.— Confined Nine Months.
GARDNER— GUILTY .— Confined Eighteen Months.
SAMUEL RADNESS STOCKTON . I am a clerk in the Insolvent Debtors' Court, Portugal-street—I produce the petition and schedule of Robert Westley—there is a record of what took place on the 22d January, the day of the first examination—I was not present on 15th July when he applied for the order; there is no seal to it.
ROBERT LAUNDY IND . I am a clerk to Mr. Hand, attorney for Mr. Gillman of Norwich—on 14th May last I had the conduct of the case of Gillman against Charles Westley; it was an action to recover the sum of 67l.; I have the record here (produced)—the case was tried on 14th May—I heard part of the case—the prisoner was there—I was afterwards at the
Insolvent Debtors' Court on 15th July—the prisoner was examined upon this schedule; he was the same person I had seen in court in May—I took a note of what passed when he was examined on the schedule—he was cross-examined by counsel on that occasion—what I took down is annexed to the depositions—this is the paper (produced)—the prisoner was asked as to his having gone by the name of Charles; he swore he never had—this agreement and letter were both put into his hands—I heard him asked whether he had signed that agreement—he at first said, before the agreement was produced, that he had never signed any agreement; it was then produced, and he at length said that he believed the name Charles Westley, signed to that agreement, was in his brother's handwriting—with regard to the letter he said it was very much like his handwriting, but he believed it to be his brother's; that was the letter marked April, 1853—the bundle of letters was handed to him also, but his attention was drawn more particularly to the one signed Charles Westley—before any questions were put, and his answers given, I heard the oath administered by the officer of the court.
Cross-examined by MR. METCALFE, Q. When did you first appear in this business? A. When we first commenced the action; that was about April, 1859—the debt was alleged to be due in 1853—I first saw the defendant in Court, when the cause was tried—I did not serve the writ; a clerk in the office, named Archibald, did—I have been in the office about six months—Mr. Hand knows of this—he has not been here this sessions—he was not at the Insolvent Court—he was at the trial—he attended the Insolvent Court on the first occasion—I manage the common law department—sometimes I see the clients, and sometimes Mr. Hand does—I have never seen Mr. Gillman—he has not made his appearance in this case—I believe Mr. Barnes, his traveller, is bound over to prosecute—Mr. Kedgell was also bound over, and Mr. Gostage—I believe Mr. Gillman was in London yesterday—I did not see him here—Mr. Hand has communicated with him by letter—I saw the letter—I saw a letter from Mr. Gillman—Mr. Hand has authority from him to prosecute in this case—he looks to Mr. Gillman for the costs—I do not know whether he went to Mr. Hand's office when the defendant was examined—the prisoner gave as a reason that he did not know the writing because he had no spectacles—some were given him, and he said he could not see with them—he gave also, as a reason, that it was six years since the transaction took place, and he could not swear that it was not his handwriting—I have not been to the prisoner's residence at Cambridge-street—it is described in the schedule as the residence of a woman to whom he had been recently married—his wife is carrying on business as a baker—I don't know how long after the marriage the action was brought against the prisoner—I can't say whether it was a month—I do not know when he was married—I had nothing to do with the schedule—Mr. Hand attended at the Insolvent Court the first time, and I was there the second time—another clerk went down and took extracts from the schedule—I did not see it—I have not seen Charles Westley, the prisoner's brother, that I know of—I did not see him at the Court—he might have been there; I will not swear he was not there—I saw a person who called himself Robert Charles Westley—I can't say whether that was his son—he described himself as the son of Charles Westley—I heard him swear on that occasion that his father was in the last stage of consumption—he said Charles Westley was brother to Robert, and that Charles was at home ill with consumption, that he was unable to leave the house, and had been ill two years—the name of the house was not given—I have learnt the address, which is said to be
the address of Charles Westley—it is at Cambridge—I have been an attorney; I am now an attorney's clerk—my business did not answer—I did not get into difficulties—Mr. Law was mentioned as the doctor attending Charles Westley.
MR. PEARCE. Q. Mr. Hand's offices are in Coleman-street? A. Yes; he is there regularly—I am a managing clerk, and it came within my province to attend to this matter—I know that Mr. Gillman has attended to other matters besides this—the address of Charles Westley was not given at the Insolvent Court—I have learnt it since—I heard it given before the magistrate—I know the name of the place—I know of inquiries having been made; I know that, by seeing letters sent by Mr. Hand—I did not post them.
JOHN KEDGELL . I was in 1852 a boot and shoe maker, at 61, Minster-street, Reading—another person of the same trade, by the name of Pash, had a shop near there—he did not occupy it himself—Mr. Westley, the prisoner, managed the shop—in the month of August I was desirous of leaving my business, and saw the prisoner with reference to disposing of it to him; and by this agreement, of September, 1852, I disposed of it to him—I am sure the prisoner is the man—I saw him sign the agreement—I never saw or heard of a brother of the prisoner—I did not negotiate with any other person than the prisoner about this business—at the time I disposed of the business to him he was not managing Mr. Pash's shop—I have seen the prisoner write—I have no doubt that this letter (produced) is in his hand-writing—it is dated April, 1853—he negotiated with me for the business in the name of Charles Westley—he continued in the shop something over twelve months.
Cross-examined. Q. You knew him from his managing Mr. Pash's business? A. Yes: he took possession of the shop—I got into difficulties—my friends helped me out of them—my brother is not here—Samuel Gostage was one of the friends—he is here—the agreement was made at the time it was signed, on 2d September—it was begun on 30th August, and signed on 2d September—I have never seen a brother of the defendant—I do not remember the shop being robbed after I had parted with it—the shop was robbed just before I left it—I have no remembrance of its having been robbed afterwards—I do not remember the commitment of two persons before the magistrate at Reading—I was not in Court on one occasion when there was a charge made against two men for robbing the shop, and I did not see the prisoner and his brother give evidence against them—I will swear I do not remember anything of the kind—I have heard of the prisoner's brother being summoned by a man of the name of Phillips—I was not in Court—I have never seen any person that I know as a brother of his—when the prisoner left Reading his debts were about 200l. I believe he was sued by Mr. Gostage for two bills, I believe—I know that of my own knowledge—they were ultimately settled by the payment of 2s. in the pound—on that occasion his brother did not make his appearance and agree to it—I have not the writ—I have never left Reading since I disposed of my business—I lived within ten minutes walk of the shop—I remained there about twelve months—my brother is in Castle-street, Reading—he is not here to day—he has never been a witness in any part of this transaction.
MR. PEARCE. Q. I believe you are librarian to the Literary Institution at Reading? A. Yes; I have been so about seven years—I have been residing in Reading ever since—I attended at Westminster on the trial of the action, at the Insolvent Court, and before the magistrates—I have never
heard anything of the trial for robbery before—the prisoner had taken the house I lived in, and the party who let it did not know who he was, and I took it into my own possession—I have not the least doubt of the prisoner being the person, and that he went by the name of Charles Westley—Mr. Samuel Gostage and other persons were parties to this agreement.
SAMUEL GOSTAGE . I am an auctioneer at Reading, and I was so in 1852—I did not know Mr. Pash, a boot maker—I knew of the business in Minster-street—I believe the prisoner managed the business—this agreement is in my hand-writing—I negotiated with the prisoner for the business—I have not the least doubt that he is the man—I saw him sign the agreement—I never heard or saw of any man as the brother of the prisoner.
Cross-examined. Q. Did you ever see or know anything of Mr. Pash? A. I did not know him—I know there was such a concern—I don't know when Pash first became the owner of the business—I know the name was over the door—I never heard of a charge of robbery being made against two persons for stealing; goods from the shop that the prisoner took—I heard of the prisoner being summoned by a man of the name of Phillips; I was in Court and saw the prisoner there—his brother Charles did not make his appearance that I am aware of—I think it is very likely that I lent the prisoner a sum of money to go up to London to the Insolvent Court, to get his certificate—I think it is very probable that on the next Court-day he pleaded the protection he had obtained—I cannot state whether his brother Charles was in Court at the time—I was not present with an attorney, named Smith, at the trial of two men who were transported for robbing the prisoner's shop—I know a person named Smith, an attorney.
MR. PEARCE. Q. Part of the purchase money under this agreement was in bills? A. Yes; extending over a period of six months, I think—I am aware of the contents of the agreement—I was in the County-court, and heard the prisoner giving answer to some questions—I believe it was about a debt he owed in London; I can't tell whether at that time I had any bills outstanding—I took proceedings against the prisoner on the two last bills—I think Mr. Shaw Smith was my attorney—the prisoner was always the man I saw.
RICHARD BARNES . I live at Norwich—in April, 1853, I was traveller in the service of Mr. Gillman, of Norwich; in that month I was at Reading, and called at 61, Minster-street, to solicit orders there—I saw the prisoner; I did not see any one else—I received an order from him; he gave the name of Charles Westley—I wrote to my employer to execute the order—after that, in August, I saw the defendant again in the same shop; I delivered my account to him—I do not know the amount; he said he was busy then, but he should like to have a little bit of talk with me—I invited him to the inn, where I was stopping; he came there—he said he was very sorry, he had just been taking a business in Birmingham for some one, and was going there, and asked whether it would make any difference if he was to pay the account when he got to Norwich; I told him it would not make any difference—I was in Reading again about four months after that—I did not go to the shop, I heard he had gone—I left Mr. Gillman's employ about a year after that—in the month of March, of this year, I was at Mr. Hide's manufactory, in Whitecross-street; while there I saw the prisoner come in, and recognised him—I made some inquiries of Messrs Hide, and, in consequence of what I heard, I went to 27, Great Cambridge-street, Hackney—
that is a baker's shop—I looked in, and saw the prisoner there—I saw him go in; I have not the least doubt that he was the person to whom I had sold the goods; he gave the name of Charles Westley—I communicated to Mr. Gillman what I had found out, by letter.
Cross-examined. Q. Was the name of Charles Westley over the door? A. I don't remember.
RICHARD BARNES (re-examined). I have seen Mr. Gillman since I went to the baker's shop in March, this year—I heard that the prisoner was making up goods for Messrs Hide—Mr. Gillman has not a warehouse in the same street; his warehouse is in Redcross-street; he lives at Norwich.
JAMES ARCHIBALD . I am clerk to Mr. Hand, the attorney in this case—I served the writ on the defendant on 8th March, 1859; that was in the action of Gillman against Westley—I have been in attendance at Mr. Hand's office to-day—I have just come from there; when I left he had gone over the water on some business—I know Mr. Gillman, the prosecutor; he has often been to our office; he generally sees Mr. Hand when he comes.
MR. METCALFE submitted that no proof had been given of the jurisdiction of the Insolvent Court, before which the alleged perjury was committed; he also took several objections to the form of the indictment; it commenced by reciting three Acts of Parliament, under which the insolvency proceedings were taken, two of those three were wrongly recited; and he submitted that Lord Campbell's act, would not enable the Court to amend the description; this was held to be a good objection in arrest of judgment, in Rex v. Byers; and was supported by Reg. v. Gill. The Court intimated that the objection would go much further than was suggested by counsel, for the insolvent jurisdiction depended a good deal on 1 and 2 Vic. c. 110, which was not recited at all in the indictment. Mr. METCALFE would not go so far as to say it was necessary that the 1 and 2 Vic. should be recited; or, indeed, that it was essential that the other three Acts should be; but having been so recited, it was necessary that they should be correctly described; at present the jurisdiction was alleged to depend upon three specific Acts, whereas, as regarded two of them, no such Acts in fact existed. He further objected to the vague form of the statement alleged to be false, and contended that there was no evidence to go to the Jury of perjury as to the handwriting, the prisoners expression merely being, "I do not think it is my writing?" I believe it is my brother's." The Court was of opinion that it had power to amend the misdescription of the Acts of Parliament, but considered the objections taken of sufficient importance to reserve for the consideration of the Court of Criminal Appeal.
GUILTY.—Recommended to mercy by the Jury on account of his age.
Before Robert Malcolm Kerr, Esq.
MR. SHARPE conducted the Prosecution.
FREDERICK SYRETT . I am a stationer, of 47, Old Broad-street—on 15th July, the prisoner came to my shop and asked for two sheets of foolscap paper, the charge was 1 1/2 d.; he tendered 1s., which I immediately saw was bad—I inquired
if he knew it was bad; he said he did not—at that moment a police-serjeant was at the door; I called him in and asked him to hear what the prisoner had to say—he said at last that he got it in change for a 2s. piece in the neighbourhood of Ratcliffe-highway; he could not tell whereabouts—I gave him in custody with the 1s.—I kept it in my hand till I gave it him.
Prisoner. Q. Did I not say that I had earned a florin for a day's work? A. No; you said you had been to a Professor in Ratcliffe-highway, and that you had earned a florin.
COURT. Q. Did you hear him give his name to the officer? A. I did; he said at last that he lived in the Commercial-road—after a great deal of questioning he gave the place he had been working at, and the name of his employer.
ROBERT JOSEPH JENNYSON (City policeman, 38). On 15th July, I went to Mr. Syrett's shop; took the prisoner, and told him what it was for—Mr. Syrett gave me this 1s.—(produced)—the prisoner was afterwards taken before the Magistrate at Guildhall, remanded, and finally discharged—the prisoner gave his address, Albert-street, Spitalfields—I went there but he was not known—he said he had been working with Professor Cotterell, No. 2, New Gravel-lane, Ratcliffe-highway—I went there and saw the Professor—he is not here to day—it is a hairdresser's shop—I asked him about it, and he said he had given the prisoner 1s. for a day and a half's work—when I took him into custody I searched him, and found a packet of envelopes and two halfpence—he was discharged on the 20th.
ELIZABETH GARDNER . I am the wife of William Gardner, who keeps the Queen's Head at Barking—on 11th August the prisoner came about twelve at night for a pot of ale, and gave me, a bad shilling in payment—I said, "This is a bad one;" he said, "I am very sorry," and put his hand in his waistcoat pocket and gave me another; I said "This is a bad one also"—I asked him why he treated me like that, and he said he did not know that, they were bad—a policeman then came up and said to him "You know it was bad, because you have been trying at it at Mrs. Milton's, down the street"—I said to the policeman, "You had better take him"—I had laid the 2s. that the prisoner gave me on the counter, and he had taken them in his hand—the policeman took them away from him on the step; I afterwards saw him mark them—I had seen the prisoner in the evening before this; he came for a quartern of rum, about half-past 10 or 11; he gave me 1s. in payment; I put it in my pocket—I did not notice it at that time—afterwards, when the prisoner was taken, I looked in my pocket to see if I had got a bad 1s. and found one—I marked it, bent it, and gave it to police-constable Godwin—I had several shillings and half-crowns in my pocket with the bad 1s.—I cannot say he gave me that.
EDWARD GODWIN (Policeman, K 24). On Wednesday, 11th August, I was passing the Queen's Head about a quarter past 12—I saw several people standing at the bar; I went in and saw the prisoner there—I looked at him and thought he was the same man that I saw three quarters of an hour previous at Fisher-street—I said to him, "You know it is bad money; you are the same person who was trying to pass bad money at Mrs. Milton's"—I had been at Mrs. Milton's, and had seen her give him a bad 1s. back; I heard her say it was bad; he said he was not aware it was bad; he was very sorry—I then took him into custody—I asked him to give me the 2s., he put his hand in his waistcoat pocket, and threw something on the ground; I picked up two bent shillings, and another one besides, wrapped up in a piece of paper; the third shilling was not bent—I kept them in my hand
till I got to the station; when there, I looked at the money, and found it was all bad—I have kept them ever since; these are them—(produced)—I searched the prisoner and found five sixpences, a penny piece, and ninepence in copper, all good—directly I had taken him to the station, I went back to Mrs. Gardner and showed her the 2s. that were bent and marked, all three of them; she gave me this other 1s. when I went back; this is it—(produced).
Prisoners Defence. I was conducting a small business for a widow. It was my habit in the evening to get small change for my customers. The money that I had in my possession was all taken in the way of business. I was in a comfortable way of business; I had no reason for passing bad money. The shilling wrapped up in paper was returned to me as bad during the day, and I wrapped it up so that I should not give it again. I had no knowledge that the money was bad.
GUILTY .— Confined Twelve Months.
Before Mr. Justice Hill.
MR. THOMPSON conducted the Prosecution.
WILLIAM CUNNINGHAM . I live in Victoria Dock-road, Plaistow, and am a clothier—on Thursday last, Burke and Keely came to my shop between 3 and 4 o'clock—Burke said, "I want some clothes"—I said, "Very well, you can have a suit all complete for 5l. 10s."—he said there were five or six more of them, and I might as well have the order for the lot—I told them they could have anything they wished, provided they got me an order from the captain; and asked them how many months' wages they had to take—they said about seven months', and that the vessel was lying in the London-docks; the barque Alma—they went away, and the next day the three prisoners came between 4 and 5 o'clock—one of them said, "Well, master, we have got the order and are come for the clothes"—they produced these papers—each of them gave me one with his name to it—(Read: "The bearer wishes you to supply him with a suit of close, and I the under-sined will pay you for them. Sined J. McHenry, master of the ship Peire, London-docks"—I said, "Well, if you will go with me to the captain you can have the things immediately"—they said to one of them, "Will you go?"—he said, "No, I am tired; you told us to bring the order and we have brought the order"—I said if they would not go with me I should give them in charge—I called a policeman and gave them into custody—we went to the station and left them there, and the policeman and I went to the London-docks—we could find no such ship in the docks as the order stated.
JOHN TATE (Policeman, K 317). On Friday last I was called to Mr. Cunningham's shop, and the three prisoners were given into my custody—I asked them what the captain's name was, and they said they could not tell, his name was to the paper—I took them to the station and there Burke said his name was Johnson—I went with Mr. Cunningham to the London-docks—I could not find the captain or the ship—when I was taking the
prisoners to the Magistrate, Tucker said it was a man in the boarding-house that wrote the orders for them.
THOMAS SMITH . I was in Mr. Cunningham's shop when the prisoners walked in and said they were going to have some clothes—Mr. Cunningham said, "You can have them, but you must get me a written order from the captain"—they went away and came the following day and produced the orders—I went and got a constable.
The prisoners' statements before the Magistrate were here read at follows: Keely says, "It was no false pretence; it was not this man's name"—Tucker says, "I have only to say that is not my name"—Burke says, "I was called out of the street into the shop to look at the things; the man told me to get an order and I did. I did not forge the order, it is my own name."
KEELY— GUILTY .
TUCKER— GUILTY .
Confined Two Months.
BURKE— GUILTY .— Confined Three Months.
Before Mr. Recorder.
PLEADED GUILTY .
Recommended to mercy by the Prosecutor.— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
EDWARD TERRY . I am signal-man at the Barking-road Station, North Woolwich line—on Sunday night, 28th August, the prisoner came down the steps on to the platform and asked me what time the next train would go to Woolwich—I told him in 10 minutes or a quarter of an hour—it was then about 5 minutes past 9—I left him and went into our own room—the bell was on the platform at the side of the signal post—the prisoner was eight or ten yards from it—I had used it 3 or 4 minutes before for the last train; we use it for all up trains.
Cross-examined by MR. SLEIGH. Q. Had you seen him before? A. Several times, but I knew nothing of him—a train was just leaving the station at the time—they run every 5 or 10 minutes—there are two trains at a time, and I used the bell for the up train—the gas was lighted—we have only one bell—we use it on the up-platform—we do not ring for the down train—I saw Mrs. Tunstall—she did not go by either of the trains; she came to bring the key of my house—I saw the bell after I had placed it down—I did not see it at the moment I saw the prisoner, as I believe, last; but I did two minutes before.
MR. METCALFE. Q. Had you seen the prisoner sufficiently often to be sure of him? A. Yes; there was nobody else on that side, except Mrs. Tunstall, from the time I saw the bell last.
ANN TUNSTALL . I am the wife of Alfred Tunstall of Canning-town—I was on the platform on this Sunday evening, and saw the prisoner there about five minutes to 9 o'clock—he asked Terry about the train to Woolwich—I saw him watch Terry into the porter's room—he watched Mr. Steward, the station-master, up stairs, and immediately got up and went out directly—he
just turned round the signal-post—it stands by the side of the stairs, and he had to go up the stairs—he did not pass it; he sat about two yards from it—I did not see the bell after Terry put it down—a porter came across and made an alarm that the bell was gone before the prisoner had been gone three minutes—after Terry went into his room there was no person there but the prisoner and me.
Cross-examined. Q. Did you see the persons coming out of the up train? A. No; I went to take my husband's supper into the porter's room—and stood by Terry's side when he collected the tickets—there were many people—there was another train there, but the bell was gone then—I last saw it just as the train was starting, after discharging its cargo of people, and after the other people had got in—I did not see the prisoner go through the door, but I saw him get up and go up the stairs.
SAMUEL PRICE . I am a porter at the Barking-road station of the Eastern Counties Railway—I was at the top of the up stairs, on Sunday night, 28th August, and saw the prisoner on the down platform—he walked towards the stairs to the booking-office, came back, picked up the bell, and walked up the stairs with it into the room—I laid down my lamp and followed him; but when I got into the road I could see neither man nor bell—I am sure the prisoner is the man.
Cross-examined. Q. Had you known him before? A. Yes, by sight, but not byname—I have never spoken to him—the railway is crossed by a bridge—to go up the stairs would be the right way to cross the line to proceed by the up train; but it would be the down train to go to Woolwich—the prisoner was taken next morning—a policeman brought him to the railway-station, and I said directly that he was the man.
JURY. Q. How far was he from you when he took the bell? A. Twenty or thirty yards—the platform was quite clear—he had a white dress, as he has now, but I could not tell whether it was a jacket or a slop—there was plenty of gas at the station.
GUILTY —He was further charged with having been before convicted.
THOMAS COLLINS (Policeman, K 74). I produce a certificate (Read: Central Criminal Court, September, 1858; William Smith, convicted of stealing cloth.—Confined six months")—I took him in custody, and was present at the trial—the prisoner is the person.
GUILTY.†— Confined Twelve Months.
ISAAC GAY (Policeman, K 486). On Sunday morning, 15th May, I was on duty at Stratford, near Bow-bridge, at a quarter to 7 o'clock, and met the prisoner and another man, each carrying a small bundle—I crossed the road to them, and said, "What have you got there?"—the other man ran away, and threw a live fowl into a garden—I seized the prisoner by the neck, and saw that he had a live black fowl in a handkerchief—I said, "Where did you get that?"—he said, "My uncle gave it to me"—I said, "Consider yourself in custody on suspicion of stealing it"—he said, "Turn me up this time, governor;" that means, let me go—"My brother was lagged last week, and my old woman is in the straw"—I said, "will turn you into West Ham station—he kicked me eight of six times, and bit my hand severely—I took the hen to the station—this is it (produced)—the prisoner left his black velvet cap and handkerchief on the ground, and got away, but I took him again on the 24th.
Cross-examined by MR. RIBTON. Q. Is it rather a frequented thorough-fare? A. Yes; but it is quiet on Sunday mornings—it was very quiet that morning—I do not know whether the other man was the prisoner's uncle.
GEORGE STOCKDALE . I live at Stratford New Town—On Sunday morning, 14th May, I saw all my fowls safe at 6 o'clock, when I let them out—I missed this black Spanish hen about half-past 6 o'clock—I did not give the prisoner authority to take her away—I am not his uncle.
Cross-examined. Q. How do you know her? A. There are none like her in Stratford New Town—she will-feed out of my hand, but no one else's.
He was further charged with having been before convicted.
WILLIAM PHILLIPS (Policeman, K 50). I produce a certificate (Read: "Worship-street Police Court, August, 1857; Thomas Cole, convicted of stealing fowls. Confined Six Months")—I was present—the prisoner is the man—Cole is his proper name.
GUILTY.**— Confined Twelve Months.
THOMAS WILLIAM MASON . I am a grocer, of Plaistow—on Saturday night, 20th August, the prisoner came for some bread and cheese—I supplied him and he went out—he came in again about two minutes afterwards, and I saw him go out again and take a piece of bacon from a board at the door—he passed the window with it in his hand—I could not get out quick enough to take him—I saw him in company with some one else at the Coach and Horses, about six yards from the shop door—I followed him in that direction—I am quite sure he is the person.
Cross-examined by MR. SLEIGH. Q. What time was it? A. About half-past 10 o'clock—I do a middling trade—nobody else was in the shop but myself—the prisoner's employers came and bailed him.
JOSEPH SPURLE (Policeman, K 447). The prisoner was given into my custody—I told him the charge—he said, "Very well, I will go with you—I took him opposite the prosecutors window, which adjoins the Coach and Horses.
Cross-examined. Q. Was this the same night? A. Yes; he used to come up my beat every morning to his work.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Six Months.
865. THOMAS ROWE (32) , Stealing, on 15th June, 6 cart loads of bricks and 20,000 other bricks, and, on 1st July, 6 cart loads of bricks and 20,000 other bricks, the property of our Lady the Queen. Second Count, receiving the same. MR. CLERK conducted the Prosecution.
EDWARD TURNER . I am a labourer in the employ of Kirk and Parry—they are contractors—in June last I was employed at the Arsenal, at Woolwich, as a carter—I went with their horse and cart—I know the clothing department at Woolwich—some alterations were taking place there—they were pulling down some walls—there were some old bricks which had been stacked near the clothing department—I had not carted any of those bricks
away from that building to the Arsenal—I know the prisoner, he is a carpenter by trade—he acted as foreman in the Arsenal—he was employed in the Arsenal, about half a mile from the clothing department—in June last I remember seeing the prisoner one morning—I met him in the Arsenal—I had my horse and cart with me—I was going from the Arsenal with it—the prisoner asked me where I was going to—I told him to the clothing store to take some old rubbish away—he told me there were some old bricks there, and he told me to cart them to his house—I said, "Very well, master, I will"—I used to call him master—at that time I had not received any instruction what I was to do with the bricks—I had not carted any of them from the clothing department anywhere—I did not know where the prisoner's house was, but said, "Where is the house?"—he said, "At the back of the church at the top of the Burrage-road,"—I think that is about a mile from the clothing department—he told me there would be a brick-layer at his house, and he would tell me where to put them down—I went with my horse and cart to the clothing department and I took two loads of bricks that day, and I put them down opposite the prisoner's houses by the side of the road—there was a bricklayer at work of the name of Drake, but I did not know his name then—he told me to shoot the bricks down in the front—I took two loads that day, and some on the following day, two or three loads a day for three or four days—I don't know how many—I took altogether about fourteen loads—during those days that I was carrying away the bricks I saw the prisoner—he gave me one day 6d. to get a drop of beer—I had my horse and cart with me, but not bricks—he asked me how I got on—I said, "Very well, master"—he gave me 6d. one time, and another time 1s.—he did not give me any money before, only once, a good while ago, I met him, and he gave me 2d.—I don't remember that I saw him at the house—I carted away all the bricks that were in stack, but two or three loads, and them I took in the Arsenal with some rubbish to fill up some holes—I had not carted any bricks or rubbish into the Arsenal before I saw the prisoner—I was going that day to cart some.
Cross-examined by MR. RIBTON. Q. Did he ever give you instruction before that day? A. Yes; when I have seen him he has told me what to do—I have drawn timber about for him—I can't recollect how long I have drawn timber about for him—I can't tell whether it was in this year—it was when he has been at work—it may be five or six months ago—I can't tell whether it was in this year—I can't tell whether it was in 1859—it may be six or seven months ago—I had the order to cart away the rubbish in the Arsenal from the foreman, Mr. Clark—he gave me the order the first thing in the morning to go to the clothing department to cart some rubbish—I did cart some bricks ultimately into the Arsenal—no one told me to do that; I did it of my own head—on the morning I met the prisoner I had been desired by the foreman to take the rubbish into the Arsenal—I did not do it, because the prisoner told me to take the bricks—I believed he had authority to direct me; he must have had it—the bricks and mortar were all condemned as old rubbish—Mr. Clark is the horse-keeper—he gave me orders to go to the clothing store and get some old rubbish away, and instead of that I took the bricks to the prisoner's house—the next day I took a load or two more—I did not go till about dinner time—I went for two or three days—when I was not carting bricks I was in the Arsenal—I at last carted the rubbish and bricks into the Arsenal, because he said it was of no use to him—I did what Mr. Clark directed me to do in the first instance—I took them in the Arsenal and filled up the holes—
I know Mr. Hoskins—he is the agent to Kirk and Parry, they are the contractors, and had the pulling down of this old wall—I know a person named Scott—I saw Mr. Hoskins at the time I took the bricks to the prisoner.
Q. Did you come out of the clothing store one morning with a load of old bricks? and did Mr. Hoskins come up with a five-foot rod? and did he walk down to the guard-house, and stop below the guard-house, and look up and down the road while you were standing by the cart? and did he hold up his hand, and then you go on with the cart? A. No; nothing of that kind occurred—I saw Mr. Scott and the prisoner at 5 o'clock in the evening, when I had just shot down a load of bricks—I had not seen him before—he said to me, "Well, Teddy, you are loading them up there"—I did not say, "All right, master;" I swear that—I know Mr. Keen—I never met Mr. Hoskins near the engineer's yard—I delivered a load of bricks at the prisoner's while Keen was looking on—he did not ask me who sent the bricks—I swear that; and I did not say "Mr. Hoskins"—I have been working there about six years—I know Mr. Howard—I was living with him—he discharged me one evening—I don't know what for—he said it was for attempting to steal—he charged me with stealing a bag of barley-meal and beans—he met me one night coming out of the cellar—I had been to lock it up—he asked me what I had got under the tares, and I told him it was oats—he did not open the bag and find it was barley-meal—he never touched the tares—he did not say, "Are you not ashamed to do it?"—he did not say, "I will give you till you get to the top of the lane, and if I meet a policeman I will give you in charge"—I never heard him say such a thing—he discharged me, and he afterwards sent for me.
MR. CLERK. Q. When was this? A. Eight years ago—I was cutting chaff in the cellar, and he said to me, "You have just finished"—I said, "Yes, master"—he did not ask me what I had got—he never said anything—I don't know what he discharged me for—I went back two or three days afterwards, and he employed me—I was employed by him eleven months—he could not get any one to do his work; that was the reason he sent for me—I had no conversation with Mr. Hoskins with regard to my taking these bricks to the prisoner; I never told any one that I had—Keen is a carpenter; he has been at work in the Arsenal; he lodges in the prisoner's house—Scott is a foreman in the Arsenal—this had been condemned as rubbish—when they pull down old buildings, it all falls down together, and they condemn it as rubbish; there are a few bricks picked up and used again, if they want them, if not, they are put as rubbish.
COURT. Q. Mr. Clark is a house-keeper? A. Yes; and he sent me for the old rubbish—he did not tell me what to do with it—I should have carted it into the Arsenal, where there are holes to be filled up with rubbish—I had got no directions about filling those holes; but we always cart rubbish into those holes—I should have loaded my cart with rubbish, brought it into the Arsenal, and put it into the holes—I should have brought bricks and rubbish altogether, and put it in the holes—when Mr. Clark told me to go for the rubbish, I understood I was to go and get the rubbish, and put it into the holes—I had frequently collected brick rubbish before, and thrown it in the Arsenal—I had brought old brick rubbish in that way for months before.
HENRY DRAKE . I am a bricklayer—I was engaged in building two houses for the prisoner, in Percy-terrace, at the back of the Church—I recollect some bricks being brought there—the prisoner had told me that he was going to buy 40,000 old bricks, which were to be used in building the
houses—a short time after that, Turner brought a cart load of bricks; that was about a week afterwards—he brought altogether, I should think, about twelve loads—part of them were used in building the houses—they were old half-stocks—they had been used before—I suppose I used about seven or eight loads; I think in the proportion of six bats to a brick—the prisoner used to come to the houses while I was building—he saw the bricks there; he told me I was to use them—I should say the bricks that were brought were worth 4s. or 5s. a load; they were not brought with rubbish, they were brought by themselves—they were not clean; they were picked out of the rubbish, and had to be cleaned, to have the mortar cleaned off with a trowel or a brick-hammer.
JAMES DRAKE . I am apprentice to my brother, the last witness—I recollect his building two houses for the prisoner—I recollect the bricks being brought by Turner—I saw the prisoner at the house one time when Turner was there—he was out at the back, and Turner said, "Is master here? I want to see him about some allowance"—he went out at the back to the prisoner, and they went away together—I am sure I saw them speak together.
J AMES LEWIS . I am a master artificer in the Royal Arsenal—I recollect the alteration taking place at the clothing store—a quantity of bricks had been taken out of party walls—they were stacked in the clothing store yard—I had occasion to go there on the 7th of June, and I saw the bricks stacked in the yard—the prisoner was employed in the Arsenal; he was paid by the contractors in the engineer's department—I had not given directions to any one about these bricks—the prisoner had no authority to give instructions to remove the bricks that I am aware of; the clerk of the works had—I was afterwards shown a stack of bricks in the Arsenal—I don't know where they came from.
Cross-examined. Q. How long have you known the prisoner? A. About sixteen months; all that time he was a respectable man.
WILLIAM STRATTON WHITAKER . I am surveyor of works at the Royal Arsenal; the alterations in the clothing store were executed under my superintendance—the bricks were stacked at the clothing store; they ought to have been taken into the Arsenal—the clerk of the works would give directions for that—it is the practice when bricks are taken down to take them to the Arsenal.
COURT. Q. Are you the superior officer to the clerk of the works? A. Yes—it would have been part of his duty to order these bricks to be taken to the Arsenal—rubbish and bricks would be taken to the Arsenal.
Mr. CLERK. Q. When bricks are taken down are they considered as rubbish? A. No; they are to be taken to the Arsenal—these were not rubbish; they had only been up about three years—they would have been used again—I know the prisoner; I have seen him in the Arsenal—he had no authority to give directions as to the removing of these bricks—he had no right to appropriate them to his own use—a short time after the bricks had been removed my attention was called to it—I did not send for the prisoner immediately—I received an anonymous letter, and I went to the premises that were being built near to the church—I saw a quantity of bricks there—they had the appearance of having been used before—they were not rubbish—they could be used again—after I had seen them, I sent for the prisoner—I told him that I had received an anonymous letter stating that he was building two houses with the bricks taken from the clothing department, and I asked him how he came by them; he said he did not
wish to tell me—I told him I must be told, I must go into the case; and, after a great deal of hemming and hawing, he said, the simple fact was that Mr. Hoskins gave them to him (Mr. Hoskins is the agent of Kirk and Parry)—I sent for Mr. Hoskins, and had some conversation with him—I afterwards sent for the prisoner again, and saw him in Mr. Hoskins' presence—I said to Mr. Hoskins, "This man accuses you of giving him the bricks"—on which Hoskins said to the prisoner, "Did you not tell me that you had never spoken to Mr. Whitaker on the subject?"—the prisoner said he did—I then said I would have no more to do with it; I would have him apprehended.
Cross-examined. Q. Were Kirk and Parry employed to take down this wall? A. No; the working department pulled it down; Kirk and Parry had nothing to do with the wall, and would have nothing to do with the old materials—Hoskins is employed under Kirk and Parry, and the other men sent by Kirk and Parry were under him—I said to Mr. Hoskins, "Rowe still persists in saying that you gave him the bricks"; and Hoskins said "Did you not tell me you had never spoken to Mr. Whitaker on the subject."
Q. Was it not?—"Did you not tell me you had not told Mr. Whitaker anything of the kind?" A. Yes; it is the same meaning.
This witness's deposition being ready stated: "I told Hoskins that the prisoner persisted that he had given him the bricks—Hoskins then said to the prisoner, "Did you not tell me that you had not told Mr. Whitaker anything of the kind?"—the prisoner said, "Yes."
JOHN HOSKINS . I am employed under Messrs Kirk and Parry; I had the superintendance of the works going on at the clothing department, but not that job of taking down the wall—there were three jobs going on at that time—the taking down the wall was done by day-work; that was done by the engineer; we had to find them men to do it—they make an agreement for so many men—Mr. Lynch had the superintendence of that alteration; he is clerk of the works—I had to find the men and materials which they required—I recollect that some party-walls were taken down, and I afterwards saw a lot of bricks there—I know the prisoner; he was turned over to the engineer; but we pay him—he received his instructions from the clerk of the works—I can't say whether he was employed in the clothing store—he used to go in and out of the Arsenal when he thought proper—he did not make application to me to remove any bricks—I never told him he might remove bricks from the clothing store; I had no authority to do so, and I never did it—I heard a party say that he was building two houses—I never gave Turner any authority to remove bricks from the clothing store—there is always lime and mortar pulled down as well as bricks—I believe a great number of the bricks were stacked.
COURT. Q. Surely you know whether the bricks were with the rubbish, or whether they were stacked? A. They were using some bricks, and I saw some bricks stacked, and the rubbish was thrown down along side of them.
Cross-examined. Q. Are you still in the employ of Kirk and Parry? A. I believe I am; I was this morning; I have not had notice to leave, I am quite sure of that—I know a person of the name of Keen; I have seen the man—I had no conversation in June with the prisoner to my knowledge; I did not say to him, "Rowe, you are building two houses, are you not?"—he did not say to me, "I have been building, but they are nearly completed now"—I did not say, "I shall have some old bricks in a few days that will suit you"—he was aware that the bricks were coming from there, six months before, because he went with the clerk of the works; he knew what
was to be done—that was with Mr. Constable, the senior clerk of the works—I did not say to the prisoner, "I shall have some old bricks in a few days, you may as well have them; they will suit you"—he did not say to me, "I don't require them; my buildings are nearly completed"—I did not say "You may as well have them as anybody else, and put a pound in my pocket"—nothing of that kind occurred at the gate of the engineer's yard, near to the Arsenal—I had no conversation with him near the gate of the engineer's yard—he did not say "How many have you got?"—I did not say, "I shall have a great many in a few days;" nothing of the kind ever passed—I know Turner; I never saw him take any bricks to the prisoner; I never saw him at the clothing store at all.
Q. Did not Turner on one morning, about twenty minutes before 5 o'clock, come out of the clothing store with a load of bricks in a cart, and did not you come out immediately afterwards with a five-foot rod in your hand, and did you not walk before the cart to the guard-house, and there stop, look up and down the road, and then make a sign with your hand to Turner to come on with the bricks? A. I never did—I know Scott, and I am sorry to know him, because he is quite capable of taking any man's life away; I did not see Scott that morning; I am not aware that he has had to report about some misconduct—I don't know about a cart with a load of battens; they were not found in a covered store; Mr. Whitaker has never complained to me about it—there was not any mistake about these battens, nor did I say that my man had taken them without my orders—I am not aware that there was some mistake about battens that were taken to a wrong place, about which I was charged, and that I said my man Jenkins had taken them by mistake—I don't recollect saying that my man had taken them without my orders; I will not be positive—I went in company with Rowe to the Woolwich gardens; there were six in company altogether; there was a man of the name of Marsh there—I had no conversation with Rowe about the bricks, nor any altercation with him—he did not give me any money that day—some of us went in one part and some in another; I was some time with Rowe; we had a shooting match—I swear he did not give me any money.
MR. CLERK. Q. Who is Keen? A. He is a carpenter—he lives in the same house with Rowe, and works with him now—he did work in the Arsenal, but does not now—he worked in the Arsenal about three months back—I had no conversation with Keen, or in his presence, about the removal of the bricks—I never accompanied a cart going down with bricks from the Arsenal—I never knew on any occasion that a cart was going to the prisoner's house—I did not know that the bricks were leaving—when Mr. Whitaker sent to me I knew that the bricks were moved—Scott is a bricklayer—he was employed in the Arsenal, but has been gone these six months—he has made application to me to take him on, but I would not have him—he was not one of the party who went over to the Woolwich-gardens—Mr. Marsh keeps a beer-shop on Woolwich-common—I have never at any time had any conversation with the prisoner about any money for these bricks; he has never offered me any—I had nothing to do with the battery—I heard one of my foremen, Mr. Wallis, say that there was a mistake; that may be twelve months ago—neither Mr. Whitaker nor any one ever made a charge against me about the battens.
COURT. Q. Have you the superintendance of the work done at the clothing store? A. Yes; when it is measured work, but not this—I had the superintendance of measured work, but not day work—I had the superintendance
of the alteration to a certain extent; but not this job—there were three jobs, and I had the ordering of two jobs—we had to knock a hole through a wall to put up some shelves and racks—I call that an alteration; this job I had no order for at all—it was done by day work—there were bricks and rubbish when we knocked through the door way in the wall.
Q. You said you never authorized the prisoner to remove any old bricks; do you mean the bricks out of the door-way that you made, or the other? A. I never authorized him at all—I meant the whole of the old bricks.
JOHN BOVIS (Police sergeant, R 43). On 21st July, I went to two houses behind the church; I found some old bricks lying loose about—I removed six loads of them away on the Saturday—I took them back to the Arsenal—the prisoner has been out on bail, and has surrendered.
COURT to WILLIAM STRATTON WHITAKER. Q. Turner had to throw the rubbish in the holes? A. Yes; but not bricks—this was a peculiar case; bats would not have been treated as rubbish in this case.
MR. RIBTON called the following witnesses for the Defence.
JAMES KEEN . I am a carpenter, and live at 25, Union-street, Woolwich—I know the prisoner, and I know Mr. Hoskins—I remember hearing a conversation between them, near the gate in the Royal Arsenal—it was in the morning about the 7th June, I believe—it was respecting some bricks—Mr. Hoskins came up and I believe he had a rod in his hand—he said to the prisoner, "I hear you are building two houses, are you not?"—he said, "Well, I have been, but I have nearly got them completed now"—Mr. Hoskins said, "Well, I shall have some old bricks in a few days, I think will suit you"—the prisoner said, "I don't require them"—Mr. Hoskins said, "You may as well have them, and put a pound in my pocket, as any one else's"—the prisoner said, "When shall you be able to let me have some"—Mr. Hoskins said, "In the course of a few days"—the prisoner said, "Well, what about the price"—Mr. Hoskins said, "We shall not fall out about the price"—in a few days after, I was up at Mr. Rowe's buildings, and I saw Turner shooting some bricks—I said to him, "Holloa, mate, who sent these?"—he said, "Mr. Hoskins."
Cross-examined by MR. CLERK. Q. You live in Union-street, Woolwich; is it in the same house with Mr. Rowe? A. No; I did live with him previous to this, and he and I had a fall out, and he told me I had better leave him—that is six or seven weeks ago—I left him about 30th June—I have not lived with him since—I have slept there, but not lived there—I have slept there occasionally, just to suit myself when I have been out late—I have been working at some houses which are building—Mr. Howard is the owner of the property—the prisoner was working there; I was not working under him—a person under Mr. Howard employed me—the prisoner paid me—I have no doubt that he is the foreman—I have been working at those houses ever since 24th June—I left the Arsenal that day—I left it of my own accord, because I got tired of it—I was working there for Mr. Lewis; Mr. Scott engaged me—I did not get constant employ at the Arsenal; they kept me as long as they wanted me—I heard this conversation at the gate of the engineers' yard, in the Royal Arsenal—I believe it was in the morning, I can't say what hour it was—I had come out of the carpenters' shop—Hoskins was at the gate of the engineers' yard—he was coming to know if there were any orders, and he happened to meet Rowe—I happened to be out by the store-keeper's office and heard this conversation—I might be two or three yards from them; about twelve feet—I think they saw me—Hoskins spoke to Rowe about taking away those bricks—there was no reference as to where
they were coining from—I took no notice of it at the time—I did not tell anybody of this conversation—I thought it was time enough when I was called on—I never was called before the Magistrate—I was there, but was not called on—I have been to those houses that were building—they are finished, and inhabited—they were finished about a fortnight ago—I worked on them after 24th June; I did carpenter's work.
COURT. Q. When did you first communicate to Rowe that you overheard this conversation? A. Immediately after the charge; I first heard the charge about a week ago—I communicated it to Rowe himself—I did not communicate it to anybody else—I had been talking with Rowe before Hoskins came up—he came up and spoke, and I stood on one side.
THOMAS SCOTT . I live at No. 6, Fitzroy-place; I know Mr. Hoskins—I saw him come out of the clothing store one morning, and walk down towards the guard-house; and I saw Turner come out with his horse and cart, and turn his horse towards the wall—the cart was loaded with bricks and stocks—Mr. Hoskins walked down towards the guard-house, and looked up and down, and lifted up his hand with one or two five-foot rods in it—and then Turner went down—I went and had some half-and-half; I was going home, and I saw Turner tipping up a load of bricks on the ground where Rowe was building two houses; and I said he was shooting them up; he said, "All right master;" and I passed on—I missed some battens, and I went and made some inquiry about them of Mr. Hoskins; he said he knew nothing about them—I told him I had found them in a shed—he said they were taken there by Jenkins, and he did not know anything about them.
Cross-examined. Q. You are not in the employ of the Arsenal now? A. No; I was discharged on 19th March, in consequence of their wanting a carpenter to superintend the work, instead of a bricklayer—I have not applied to the prisoner on more than one occasion to be taken on—I have not applied to Mr. Hoskins to be taken on—I made application to Mr. Whitaker; and Mr. Lynch employed me about last June—I was employed one day—I have since been building for myself—I have not applied to Mr. Hoskins to be taken on, and threatened that I would get him out of the Arsenal—I never said I would do him some injury—I saw him come out of the clothing store and walk down the road; and shortly after, the man and the horse and: cart came out, and when he had got twenty or thirty yards to where they had been building a new wall, he turned the horse's head, and got in and moved some of the bricks—Mr. Hoskins went down to the guard-house and lifted up his hand, and the cart went on—I went and did some business, and went and got some half-and-half; and I saw Turner shooting the load of bricks—I did not see Hoskins speak to Turner—I did not think at the time that there was anything suspicious in his having a rod in his hand; but after I saw the bricks taken and shot, I thought there was something suspicious in it; I thought that Hoskins was giving a signal—I did not tell any one—I had nothing to do with the bricks; I did not know whether the contractor had given him the old stuff or not—I afterwards saw an account in the paper about Mr. Rowe being taken, and Mr. Hoskin said he knew the prisoner.
COURT. Q. When did you first say this? A. I had been asked several times, and I said I did not wish to have anything to do with it, or to say anything, till I saw the account in the paper, then I thought it was every man's duty to speak what he knew—I went to a bricklayer that was working for me at Mr. Rowe's, to say that if he was at leisure I should be glad to see him; and he came, and I told him I thought it my duty to speak what
I saw, if he had no objection—this was after the first or second hearing, I can't exactly say which.
JOHN MARSH . I am a carpenter and builder—I know Mr. Rowe and I know Mr. Hoskins—I have been in company with them on several occasions—I was with the party going to Woolwich Gardens—it was not an appointed party, but we met and agreed to go to North Woolwich, and we went there—Mr. Rowe and Mr. Hoskins came, and I heard something named about bricks, but knowing that they were doing business, working together, I did not pay much attention—we went in a house adjoining and had some brandy and water, and during that time Rowe paid Hoskins some money—I saw some pass into Hoskins' hand, but to what amount I can't tell, and bricks were named.
Cross-examined. Q. You were all drinking in that public-house t? A. Yes; we spent the evening together—I saw Rowe pass some money in an underhand manner—it was while we were standing at the bar I heard the word bricks mentioned, but I was not aware that Mr. Rowe was building—Mr. Hoskins mentioned bricks—I thought it was in their ordinary course of business—I heard Mr. Hoskins say, "How about these bricks," and Mr. Rowe made some evasive answer, and after that they had a few words—I was not before the Magistrate—I told this story when I was asked, some time after the committal of Mr. Rowe, he knowing that I was at the Gardens.
Mr. Howard, a contractor, of Woolwich, and Mr. Salter, a merchant, of Budge-row, gave the prisoner a good character.
GUILTY of receiving .— Confined Six Months.
Before Mr. Justice Hill.
MR. LANGFORD conducted the Prosecution.
HARRIET ROATFORD . I live servant with Mr. William Elliott, of Bedford-terrace, Plumstead, Kent—on Saturday evening, 6th August, I shut up the house at half-past 9 o'clock at night—I know that the shutter in the hall was fastened—there was then in the scullery a scrubbing brush, some clothes, and a piece of beef was hanging in the doorway of the scullery—on Sunday morning, about 7 o'clock, I found the beef and the other articles were gone—I went to take down the shutter of the hall window, and it was partly unfastened, and the window was unfastened—it had been fastened on the previous night—I missed a quantity of children's clothes and a brush—these are them—they are the property of my master—I saw the piece of beef at the station on Monday.
THOMAS MILLS . I am a labourer in the Royal Arsenal—on Sunday morning, 7th August, I was in the Bloom field-road, Plumstead, about half-past 1 o'clock in the morning, about thirty yards from Mr. Elliott's house—I saw some one over the way—I don't know who it was—I could not swear to the prisoner being the man—he had something like a bag on his shoulder—I spoke to a constable and the man saw us, and he turned back—I told the constable to follow him up—the man threw down the bag and ran away—I took the bag; this is it—it contained a quantity of children's clothes, a scrubbing-brush, and some ribs of beef—I could not swear to the man who threw the bag down; he was too far off—he was in dark clothes.
Cross-examined by MR. RIBTON. Q. Had you been to a public-house? A. I had—I was going home—there was a public-house on the right hand,
nearly opposite where the man was—I did not see him come out of that house—I was about twenty yards from him—I was further than that when I pointed him out to the constable—I was too far off to identify him—when he threw the bag down he ran away and turned down Raglan-road—the constable was before me—there are two turnings in that road—I followed on and found the prisoner in custody, in Bloom field-road—another policeman had him—I saw the man turn down Raglan-road, about forty yards from me—I can't tell what distance the constable was from him when he turned.
MR. LANGFORD. Q. Did you see any other man? A. I saw two men down the road.
HENRY BRATTON (Policeman, R 449). On the morning of 7th August, about half-past 1 o'clock, I was on duty at the top of Bloomfield-road—I saw a man coming towards me with this bundle on his back—I don't know the man—I never saw his face—as soon as he saw me he turned back, and I followed him—he dropped the bundle in the road and ran away—I ran after him—I saw him stopped in St. James'-place by my brother constable—I had lost sight of the man when he turned into St. James'-place for about a minute—the prisoner was stopped by Williams—I don't know who was the man that dropped the bag—it was a man with a black coat and cap.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
RICHARD TURNER . I keep the Director-General public-house, at Woolwich—on 29th August I was called up at a quarter before 5 o'clock—I saw the flap of my cellar had been raised and the cellar entered—I went in and missed two bottles of whiskey and one other bottle—these two bottles of whiskey are mine, they have my labels on them—it is Scotch whiskey—I had only these two bottles the night before, and they were gone—the other bottle was whiskey, but different to this—I had several more of that.
DAVID MCPHERSON (Police Serjeant, 50 R). On the morning of 29th August, I was on duty in Woolwich, within twenty yards of Mr. Turner's—I met the prisoner and another man at half-past 3 o'clock—when the prisoner saw me he separated from his companions—I followed the prisoner, and I met him about a quarter of an hour afterwards going towards where he had left his companions—when he saw me he put his hands behind his back—I ran to him and clasped him round—I secured these two bottles of whiskey, which were in his hands—I took him, and on the road he drew himself up and dropped one bottle of whiskey, which fell and broke—he then told me to draw one of the bottles of whiskey and give him a glass, and he would tell me all about it—I refused to do that—he then said he was a gay boy, and that he and two or three others were out, and he was a ticket-of-leave man—I asked him where he got the whiskey—he said from a cellar.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
Town—I am book-keeper under the official-assignee of the Insolvent Debtors' Court—I produce some papers filed in the case of Thomas Solomon Wood—I do not produce the schedule—if a notice was served on Saturday night, I could not get the schedule by Monday morning; the office closes at 4 o'clock—I produce five documents, they do not all contain receipts; the receipts all appear to be of the date of 1857.
MICHAEL LITCHFORD . I produce a certified copy of the plaint-book, and also this set-off in the original summons—this is a copy of the minutes of the judgment; I produce them from the Greenwich County-court, the seal of the Court is on them all.
THOMAS SOLOMON WOOD . I am the prosecutor of this indictment, and am a carpenter and builder of 35, Black heath-hill—the first time I had dealings with the prisoner was in the early part of 1857—I filed in the Insolvent Court all the receipts of dealings which I had with the prisoner prior to my insolvency; these are them—(produced)—they are in the prisoner's writing; I saw him write them all—they are, January, 1857, 18s. 8d.; May 14, 1l. 16s. 9d.; June 8th, 1l.; August 2d, 1l. 3s. 6d:; November 28th, 2l. on account—I was obliged in the early part of 1858 to take the Protection Act—I had not had the prisoner's account, but I supposed it was something between 2l. and 2l. 10s., and I scheduled it at 2l. 10s.—I went through the Insolvent Court—I was a debtor of the prisoner's before I filed my petition—the prisoner made no claim on me after I passed the Court, except a conversation between us—those 2l. and 3l. are not claimed in these particulars—after I passed through the Insolvent Court, I had fresh dealings with the prisoner, and become again indebted to him somewhere about 20l.; he sued me in the County-court, Greenwich, for 13l. 17s. 10d., and the action came on on 29th June this year—I heard the prisoner sworn and give his evidence; this receipt (produced) is in Allen's writing; I received it on 13th November, 1858, for 2l. which I paid him in my front office—he came in a cart, which he left with his men at the Horse and Groom public-house next door to me; he said, "I am terribly hard up for money, I have been driving all round the neighbourhood and cannot get any, and I cannot send my men home because I cannot pay them their wages; and if you could let me have 2l. or 3l. it would do me a very great service to-night"—I said, "Well, I can let you have 2l.—I then went up into my bedroom and fetched two sovereigns out of a box where I usually keep my money, and said to him, "Have you a stamp?"—he said "No," and I provided him with this stamp and this piece of paper, with which he wrote this receipt on my desk—I put it on the, file, and went with him to the Horse and Groom to have a glass of ale—on the trial of the action this receipt was delivered to the Judge, who asked the prisoner whether it was his writing; he said "Yes," but that it was for money which he received of me previous to my insolvency"—I had no dealings with him in 1856, nor has he ever claimed to have had any—the question was whether this was 1857 or 1858; he swore in the County-court that it was intended for a 7—I recalled the circumstances to his mind—I said "Allen, this is too bad; if I never had a receipt for this money at all, the circumstances under which I paid it are quite sufficient; you must remember leaving your men at the Horse and Groom and coming to me, and my going there with you; I remained a short time with you and left you there"—upon this his solicitor said, "Now, Allen, this is very positive; did you ever in your life leave your men at the Horse and Groom while you went to Mr. Wood's?"—he said "No; and I wish I may never be suffered to reach home alive if I ever had more than 3l.; of him in my life"—that was his only answer to
the statement I made—I paid the money myself represented by these receipts, and saw him write them.
Cross-examined by MR. DOYLE. Q. The jury found a verdict against you, did they not? A. Yes; I was examined and gave the same evidence that I have given here to-day—Allen said both that this receipt was 1857, and that it must have been given before my insolvency—I was alone in the office when he came; my family were down below in the kitchen; they did not see him, but Mrs. Wood heard his voice—I keep books; I have a cash-book; the 2l. is not entered in it, but it is entered in the ledger—I made this entry at Christmas; I took it from the receipt on the file—this paper, dated 25th April, 1859, is in my writing; it is an account delivered by me to Allen, in April, 1859; it is simply a debtor account of work that I had done for him; it is my account—here is an entry of 3l. 1s.; the 2l. is included in that; he did not give me credit for the 2l.; he has never given me credit for a farthing—there is no date to the 3l. 1s.—I could not prove when I paid him the 1l. 1s., and therefore I sent him in this second account (produced)—I charge him here in November with only 2l.; the 3l. 1s. was changed into 2l. because not being in a position to prove it, I waived it—I did not make any entry of the payment of this 1l.—this entry in the ledger was not posted from any other book but the receipt on the file—this "Work at Wellington, extra for dust-hole, and c." is entered from my other books; all this writing was not done at one time—I have got here 2l. 1s., that is a shilling which I lent him for which I had not any acknowledgment—having an entry of 2l. 1l. I claimed 3l. 1s. because I feel convinced that I paid him 3l. 1s.; I am not positive enough to prove where I paid it—in April, having an impression that I had paid him another 1l. I charged it; that was an experiment to try his honour—I positively swear that all these entries in the ledger were not made at the same time—although my books only show 2l. 1s., I claimed 3l. 1s.—I can rely on all that is in my books; I cannot rely on anything that is not in them—Allen said in his evidence that he had been at the Horse and Groom with me on some occasion; he did not say that he had been with me there once, and only once; he said he had been with me there several times—I should say that I have been with him there half-a-dozen times—the attorney's question was not whether he had gone there with me after receiving the 2l.—I mean to say that I never had a transaction with Allen before January, 1857; I have never said that I had—I applied for a new trial and was refused; I did not since that go to Allen's house and ask him for time—I did not go to him and offer to pay him 5l. down and give him a bill at two months for the balance.
Prisoner. He sent his wife. Witness. Yes.
JOHN HARDING . I am a surveyor, of High-street, Deptford—I was present at Greenwich County-court during the trial of Allen v. Wood—a piece of paper was torn from the file by the Judge, which was said to be a receipt for 2l., which the prisoner distinctly said was given by him to Wood in 1857—I saw it in the hands of the Judge and the jury, but not so as to know whether this is it—Wood then asked him if he did not recollect his coming to his house on a Saturday night, and asking him to let him have some money to assist in paying his men—Allen's reply was, "I do not"—he said, "Do you not recollect my giving you 2l., and going from thence into the Horse and Groom?"—he said that he did not; he never was there—Mr. Wood then asked him if he did not recollect his going in with him, he having left his son, or sons, I think, at the Horse and Groom; and he said also, "We had a glass of ale at the bar"—Allen said, "No, I recollect nothing of the kind; I was never there"—Wood said, "Do you
not recollect told me you gave one of the sovereigns to your son?"—he said, "No, I recollect nothing of the kind"—he asked him if he did not recollect being there for an hour afterwards, in the parlour—he still said, "No"—Allen said that he had never received more than 3l. from Wood in his life.
COURT. Q. Did you hear any question put to the prisoner by his attorney about it? A. To the best of my recollection, his attorney did ask him whether he recollected it, and he said, "No, I do not."
Cross-examined. Is what you say, that, when the question was put to Mr. Allen, he said that he did not recollect having gone there? A. That was his first answer, following it up with, "I never was, there," or words to that effect—I swear now that he said that he never was there—this is my signature to the deposition. (This being ready stated, "I am not sure whether he denied going to the public-house with Wood or not")—it is very possible that I said so, because I was called suddenly from my business, and did not recollect it, but I have recollected it since—I was not a listener in the Police-court, also—when I received the summons, I knew that I was going to give evidence—I call myself a surveyor; I am also a house-agent—I do not do a little in the law way, certainly not—I am a house-agent, appraiser, surveyor, and undertaker, and I shall be very glad to bury you at any time—I have drawn up a will—I sometimes take cases at the County-court, as agent for an attorney, a friend of mine, who is on the rolls—I am a County-court agent—various constructions may be put upon that term—I do not tout for customers and take them to an attorney—I appear for plaintiff or defendant, to represent that a debt is owing, calling on the plaintiff or defendant to substantiate the case—you may call that doing a little in the law way, I have no objection—Mr. Wood and I have not had a conversation about this prosecution, nor have I and Mr. Dempster, the attorney—I do not know how they came to call me, but Mr. Wood, as a carpenter, has been to me about measuring work—I did not make a note of what Allen said in Court—he said distinctly that it was the receipt he gave in 1857, though I do not recollect the words exactly—I will not venture to swear that his words were not "Before your insolvency;" but I do not recollect his saying so—the insolvency was in 1858.
GEORGE SALTER . I am a shoemaker, of 19, London-street, Greenwich—I was at the County-court, on 29th June, when "Allen v. Wood was tried—I was summoned as a juryman, but not called—I recollect this receipt being produced; the prisoner said that it was for goods which were previous to the insolvency, and that it was given in 1857—Wood stated that he had paid that money to Allen in November, 1858, and Allen stated that he had never received any money but 3l. from Wood in his life—Wood said that after Allen had been to his house to ask for the 2l., and had given him the receipt, they went back to the public-house and had something to drink—the prisoner denied that.
Cross-examined. Q. Do you mean to say that the prisoner denied going to the Horse and Groom? A. He denied going there with Allen—he did not say that he had not gone there after receiving the 2l.—I cannot remember distinctly what was said.
ABRAHAM JAMES . I am landlord of the Horse and Groom, Blackheath—I know both the prosecutor and the prisoner, and recollect their being at my house at the latter end of last year, or the beginning of this, some time in the evening—Allen came in first, stayed a few minutes, and then went out, and he and Wood came in together—Allen left persons there, but no
one belonging to him—I have had no conversation with Allen about his being at my house on that night—he came to my house once and said that he had been there on the night in question; he did not say who he had been with—I do not know whether he said anything about his sons; there were two young men with him, whether they were sons or not I do not know; they left in a few minutes; they went first, leaving Wood and Allen there—they remained while Allen went for Wood, if he did go—I saw him come back with Wood.
Cross-examined. Q. Has not Allen been to your house more than once? A. Twenty times; he occasionally drops in for a glass of ale—Wood lives next door to me—I have seen Wood and Allen together at my house previous to the day in question—I do not remember when the day in question was, but I say it was the latter end of last year, the last month by one or two—I met Mr. Wood's attorney this morning here, and had some conversation with him; being friends, I thought it was a pity—Allen did not deny to me having been at my house with Wood; he said that he had been there—I do not remember anything that passed when they were there—I had other business to attend to—I said that the two men went away before him—there was no talk about a raffle that I am aware of—I never sold or gave him a rabbit in my life.
COURT to SOLOMON THOMAS WOOD. Q. Was credit given in any way for 3l., received by the prisoner? A. No; the amount was reduced in consequence of work which I had done for him, by way of set off.
MR. DOYLE for the Defence called
GEORGE GATES . I was one of the jury at the County-court, on the trial of Allen v. Wood; and paid particular attention to the evidence given—I heard Allen say that he never received more than 2l. and 1l. from Wood, on that account—a receipt was produced and shown to the Jury, which I recollect did not apply to the account in dispute—Allen admitted having gone to the Horse and Groom; he said that he had something to drink, and met with Mr. Wood there—I reside at Lee, on the other side of Blackheath; I have known Mr. Allen twenty years, and have always heard that he has been a highly respectable, hardworking man, carrying on business at Deptford.
Cross-examined by MR. LEWIS. Q. Did you hear the prisoner say that this receipt was given in 1857? A. No; I will not swear that he did not—I believe Wood said that the receipt was given on November 13th, 1858; but I do not recollect whether the prisoner was asked whether he had been with him at the public-house on the particular night of the date of the receipt, 13th November—I do not recollect whether the admission of being at the public-house was that night or some other night—I have known him twenty years, and do not believe he would tell a lie.
MR. DOYLE. Q. Were you one of the five jurymen? A. Yes; we were all sworn to give our verdict according to the evidence—the jury heard Allen's story, and Wood's story, and found for Allen, less two small amounts, of 2s. and 2s. 6d., which the Judge ordered to be taken off, as over-charge—the books were produced.
JOHN HISCOCKE . I reside at Greenwich; I was one of the Jury on this trial—Allen said that he went to Wood's after some money, to a public-house on the Lewisham-road; and saw this receipt—Allen denied receiving any money, except some for ready money work; none on the account he was sueing on—the trial took some time; there were more than two or three witnesses—Allen said that he went to the Horse and Groom to see his son, and took Wood with him, that Wood had some gin, and Allen had some rum, and they drank together.
Cross-examined. Q. Were you foreman of the Jury? A. Yes; I paid great attention, but I never expected to hear of it again—I recollect the prisoner stating that he went to the Horse and Groom, but what night it was I cannot tell you—I have known the prisoner between thirty and forty years.
MR. DOYLE. Q. What has been his character and reputation during that time? A. A very hard-working, industrious, honest man; I never heard the slightest imputation against his character.
ROBERT PECKHAM . I am an attorney—the question I put to Allen was, "Now listen; it has been said on the other side, that after the receipt of this 2l., you went with the other side to the Horse and Groom, is that true?" he said, "No; I went to the public-house, but I never received the money, and I hope I may never go home alive to my family."
Cross-examined. Q. What did he mean as to the time? A. I called his attention to that particular day; Wood said that it was paid on 13th November, 1858, and that he went to the Horse and Groom on the same occasion—Allen admitted that he went to the Horse and Groom on one occasion with his son, and workman, applying for money, but could not get it; but no particular night was mentioned; he could not tell whether it was January or June; but the prosecutor said that it was 13th November—I am the prisoner's attorney—there are no more jurymen here summoned by me; no more have been summoned either this Session or last.
COURT. Q. Did you put the question, "Did you leave your men at the Horse and Groom while you went to Mr. Wood's? A. I have no recollection of putting that question; and I think it is very unlikely that I should have put it, as the other was the whole pinch of the case.
CHARLES ALLEN . I am the defendant's son—I remember going with my father and Mills one evening, about November, to the Horse and Groom; I cannot say what month it was; it was last year—we had never been there together before that, or since—we went in a cart—my father left us for the purpose of going to Mr. Wood's; he returned with Wood, and offered him a drop of half and-half to drink, but he said, "No," and had something himself—Wood left first—my father, and Mills, and I came away together, it may be ten minutes afterwards—Wood was in the public-house with us about ten minutes.
JEREMIAH MILLS . I remember going to the Horse and Groom with Allen and his son; I was never there before or since—Wood came in with Allen, and stopped about half an hour—Wood left first—I was in front of the bar with young Allen—we went away in the cart.
The prisoner received a good character.
NOT GUILTY .
869. SARAH BROWN (21) , Stealing 2 sheets, 1 quilt, and 1 pillowcase, the property of Thomas Gilbertson; also stealing 1 sheet, 1 table-cloth, 3 towels, 1 gown, 1 blanket, and 1 pair of trowsers, the property of Elizabeth Butcher, having been before convicted; to both of which she
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .*— Confined Twelve Months.
PLEADED GUILTY.**— Judgment respited.
PLEADED GUILTY .— Confined Twelve Months.
Mr. LANGFORD conducted the Prosecution.
THOMAS MORLEY . I am corporal of the Royal Artillery at Woolwich—on Saturday night, 27th August, the prisoners were in custody in the guard-room for a military offence—I saw them last about 11 o'clock at night—there were seven altogether—next morning between 5 and 6, I discovered that five had escaped; the prisoners are three of them—I found a key on the floor; they had broken out of the guard-room into the store-room in which the officers' baggage was kept-Colonel George Graydon's box was injured, and I saw gold lace stripes, an opera glass, and other things, strewed about.
Williams. Q. Will you take your oath that they were all there? A. Yes; I had no lantern, but there was a lamp above the staircase.
JAMES CLIFFORD . I am quartermaster serjeant to the Royal Artillery at Woolwich—I have the custody of the store-room—I was there on Wednesday, 24th August, and went through all the baggage; everything was safe.
JOHN LOCKER (Policeman, R 295). On Sunday morning, 28th August, about half-past 8 o'clock, I was on duty in the Lower-road, Deptford, with Sturgeon, and saw Williams coming out of the New-road—I asked him where he came from; he said "From Sittingbourne"—I searched him and found a tea-urn top, 2 wrist-studs, a purse, 2 brooches, and a bunch of keys—(produced)—I saw another constable find 4 spoons and some forks—I asked Williams how he came by them; he said that he had picked them up at Sittingbourne that morning—he had in his pocket this stone tied up in a handkerchief—he said it was a good job more than one of us stopped him, or we should have had that stone—he was wearing this shirt and scarf which I took from him; he said that they were his.
GEORGE GRAYDON . I am Colonel in the Royal Artillery at Woolwich—this tea-urn top, wrist-studs, scarf 1 brooch, forks and spoons, are mine—the purse and 1 brooch are not mine—this shirt has my name on it.
THOMAS WATTS (Policeman, R 70). On Sunday morning, 28th August, about a quarter-past 12, I was, with Edwards, on duty near the Green Man, Blackheath, and saw three men coming towards London from Woolwich—Atkins and Johnson are two of them—when they saw us they went in a different direction till they thought they had got out of sight, and then came into the main road again—I followed Johnson, and Edwards took him; I marked the spot where he was taken—I saw this scarf taken off his neck—I did not see Aylesbury.
Johnson. This neck-tie is mine; a witness came to swear to it at the Police-court, but they would not hear him.
WILLIAM EDWARDS (Policeman, R 220). On Sunday morning, 28th August, about a quarter-past 12 o'clock, I followed Johnson; he had been running—I took him in custody, and asked him what regiment he belonged to; he said I do not belong to any regiment—I asked him what made him run away then; he said "Something more particular"—I asked him what it was; he said, "I shall not tell you"—I took him to the station, and took
this tie off his neck—I saw Aylesbury at the spot where the prisoner was taken.
JAMES AYLESBURY . I am a labourer at Blackheath—on Sunday morning, 18th August, I saw Edwards take Johnson in custody; he put his hand in his breast, and threw something against; the corner of a wall—I went to the spot ten minutes afterwards, saw this buckle shining among some nettles, and picked up this belt and took it to the station—it was a quarter or half-past 12; the people were coming out of Church when I got down to the station.
Johnson. I plead guilty to taking that, but it is the only thing I did take.
WILLIAM WILKINSON (Policeman, R 235). On Sunday, 28th August, about twenty minutes to 1 o'clock, I was on duty near Lewisham Railway Station, and saw a man running who has escaped; a gentleman took hold of him, and I took charge of Atkins, who was running with the belt and pouch (produced) which he threw into a garden—I did not see him throw it away because it was round a turning; but I saw it in his hand, and saw Clark find it in the garden—I said that he must go with me; he said, "What for, do you think I am a thief? I have got nothing but what belongs to me; if you do not let me go, I shall report you"—I took him back to the railway; he said that he would not walk any further, and I hired a cab and took him to the station—I found on him these two spoons, a little purse, this ring, and 1 1/2 d.—this lady's satin scarf was round his neck; he said that they were his own, and then he said that he found them on Blackheath.
JOHN CLARK . I am a carpenter, and live in Boom-street, Lee—on Sunday morning, 28th August, I saw Atkins running along the Lee-road with this officer's pouch and belt, which he threw over a garden wall—I went over to the other side and picked it up; Wilkinson took him out of my hands.
Williams' Defence. I was asleep, and a man came and told me there was a way clear for me to escape; and as I should have been flogged if tried by a Court-martial, I did so. As I was going away I had the things given to me.
GUILTY .—The quartermaster stated that they had all been tried for desertion and bore very bad characters in the regiment. Confined Twelve months each.
WILLIAM WARDLE . I am captain of the brig Wakefield, of Sunderland—on 26th August I was in London, and met the female prisoner near Greenwich College—she said, "Is your name Mr.—?"—I said, "No"—a policeman went by, and she said that it was a pity to see decent people molested in the streets—I walked on down the road—she appeared by her conversation to be a decent respectable woman, and said that her husband was a shoemaker—I asked her if she could recommend me to a decent lodging for the night, as I had a good way to go to my vessel—she said, if I would go with her there was only she and her husband at home, and I could lodge there—I went with her to the Little Crown public-house, and we had some rum—I then went with her, and she spoke to some one who I understood was her husband—I laid down on the bed up stairs with my clothes on, and 19l. 10s. in my pocket in a leather bag, and a brass whistle and tobacco-pouch—I desired her to call me at 6 o'clock if I was not up—I went
to sleep, and was awoke between 3 and 4 o'clock by something pulling at my trousers—I found my trousers down and cut—my hand was still in my pocket, which was pulled outside, and my money was gone—the prisoners were there—the female prisoner said, "The door is open, you can go out "—I said, "I do not want to go out, I want the police"—she was dressed, and had her hat on—the male prisoner had no coat on—he said that he would go and fetch a policeman—I said, "You will not leave the house till I have it searched"—they were both in a confused state—when the door opened he went along the passage into the back yard and over the walls—I gave the woman into custody—she was searched and nothing found on her but a pen-knife—part of my pocket was found on the bed—this is my whistle (produced).
William French. I went out to ease myself. Witness. There is a convenience in the yard, but you were not in there—I saw you go into the yard, and then I looked again and you were gone—there was no way out except over the wall.
Elizabeth French. Q. What money did you change for the drink? A. That money was in another pocket, in a purse—I had a glass or two of ale, but was not drunk—I did not call for two quarterns of rum—I did not say when I came out of the public-house, "I have no money—I have had a serious loss, and what I have lost I do not know till I get sober,"—I did not say, "I have lost 14l. a handkerchief, and an umbrella," or that I had been in doors with a female and had a bundle with me—there was not a struggle between us for a blue handkerchief when the whistle fell.
WILLIAM GILBERT (Policeman, 97 R). On the morning of 23d August, at a quarter to 5 o'clock, the prosecutor gave the female prisoner into my charge for robbing him of 19l. 10s.—she said that she had not robbed him—nothing was found on her—the prosecutor appeared as if he had been drinking—he was not drunk—on the morning of the 27th I took the male prisoner in a coffee-shop, and told him the charge—he said that he knew nothing of it—there was a bundle on the table which he said at first did not belong to him, but afterwards he owned it—this whistle was found in it.
GODFREY THURGOOD . I live at 83, Great Titchfield-street—the male prisoner unfortunately married my daughter; that is not the female prisoner—on Friday evening, 26th August, he came to me tipsy—he pulled out his purse and wanted to leave some money, but I said that I would have nothing to do with it—he put down two sovereigns first and then two more—he said "I have got some friends outside here, and you may as well keep it and give it to my eldest daughter"—(I have brought up his children; the eldest daughter is 19 years old)—I said, "Rather than you should lose it you may leave it here," and I wrapped it up in paper.
WILLIAM FRENCH— GUILTY, on Second Count , Confined Nine Months.
ELIZABETH FRENCH— GUILTY, on First Count, Confined Twelve Months.
ROBERT BAYNE . On Saturday morning, 28th August, at half-past 7 o'clock, I found that my cellar-flap had been disturbed, and sufficient room left for a man to get out—I had seen it safe at a quarter before 12 o'clock, and fastened it with two bolts—I missed this pair of Wellington boots, (produced), which were safe at a quarter to 12 o'clock.
August, the prisoner was in the cell of the station-house at half-past 10 o'clock—I took off these boots, which he had on, and showed them to the prosecutor, came back, and asked the prisoner where he got them—he said, "I bought them in High-street; I gave a man 2s. and a pot of beer and my own boots for them,"—I asked him when—he said, "The other day,"—I said, "Do you mean Sunday?"—he said, "Yes,"—I asked him what description of man it was—he said he did not know—I asked him whether any one had seen him purchase them—he said, "No,"—I told him the boots had been stolen, and he would be charged with stealing them—he said that he could not help that.
Prisoner's Defence. I made a chop with a man for the boots. He said that he could not sell them unless he had something to put on his feet, and I gave him 2s. and a pot of beer and my boots, which he put on—they fitted me well.
Prisoner. There are plenty of places where soldier's boots and clothes are sold. The boots I received last April are in store now; those I exchanged were last year's boots.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. ROBINSON and POLAND the Prosecution.
GEORGE MORTON . I am clerk to Mr. Marsden, the solicitor to the Churchwardens and Overseers of St. Giles', Camberwell—I am the attesting witness to this bond—it was signed by the prisoner in my presence—(This was dated September 22nd, 1856, by which the prisoner, as a rate collector, bound himself to pay over all monies received by him to the Churchwardens and Overseers, or any person authorised by them, within three days of the receipt of the same).
THOMAS POTTS . I am one of the Overseers of St. Giles', Camberwell—I was so in April and May, 1858—the prisoner was collector to the parish, the London Joint Stock Bank were the bankers appointed by the vestry—I can't say how they were appointed—they act as treasurers to the parish—I think Sir James Duke is the treasurer, and he enters into a bond—this pass-book (produced) is not in the prisoner's writing; it is the banker's—I think I have seen the prisoner with this pass-book; it was sent to the vestry-hall along with the other books—I know the prisoner's handwriting—I cannot say whether the figures in this book are his writing.
RICHARD HAMMOND THOMPSON . I know the prisoner's handwriting—the whole of these entries in the pass-book are not his writing—these are "the 20th February, 200l.;" "2nd March, 100l.;" I think, "April 8th, 150l.—and the others I am not sure about.
THOMAS POTTS (continued). The July rate, 1857, would be audited in May, 1858—the auditor attends on 3d May—I was present—the prisoner did not attend that audit—he was very ill at the time I believe—he sent his books—I did not see by the books what money had been paid in on
account of the January rate—this is one of the books that was before the auditor, it is the prisoner's private pass-book—in consequence of what I saw in this book, I thought it right to make an examination of the January rate-book—we afterwards ascertained the amount that had been received on account of the January rate, and in consequence of the small amount that had been paid in to the January rate, we determined to take away the books from the prisoner and inspect them—we did so—after we had ascertained the amount of the deficiency I saw the prisoner—it was on 8th May, at his house, in company with Mr. Marsden, the vestry clerk—I asked him to explain the deficiencies which appeared in his books—I don't think we stated to him what the deficiency was.
MR. METCALFE. Q. At that time was there not some arrangement made that he should assign over some debts; and was not anything that he said stated after that arrangement was made? A. Not with my sanction—no inducement was held out to him before he said anything—he entered into a very long explanation about his difficulties—I did not at the commencement ask him what arrangement he could make—I asked him how he was to account for, or satisfy the parish with respect to his deficiencies—Mr. Marsden did not say, "We have looked over your books and ascertained so and so; what arrangement can you make to meet that deficiency?"—there was only Mr. Marsden and myself present; I do not think I said so—I believe the parish have received money under an arrangement—that arrangement was made after the conversation that I have alluded to.
Q. I have your statement made on another charge—was not this what took place?" I saw the prisoner on 8th May—I spoke to him about the deficiency, and asked him how he was prepared to make up that deficiency to the parish?" A. I believe it was something to that effect—he said he had got 100l. or 200l. in book debts, which he would make over, and the lease of a house in the Kent-road; and he made over those book debts—that was after I had asked him to explain the deficiency—no amount was mentioned—I think he spoke about the book debts and the lease, before he entered into the explanation as to the way in which the deficiency occurred—I never requested him to make out an account of the deficiency—(Mr. Metcalfe submitted that the arrangement entered into with the prisoner by the witness was equivalent to a promise not to prosecute, and that anything said by the prisoner upon that was not admissible. The Recorder could not see anything at present to cause the exclusion of the evidence.)
Mr. POLAND. Q. Go on and state what took place? A. The prisoner said he had the misfortune to have his cash-box, containing 300l., stolen from his office in Glengall-grove, where he then lived—he said it was parish and government money, and was partly in notes and partly in gold, pretty well all gold; he thought it was in the year 1854—he said he did not mention it to any one, without it was his wife, of course, I suppose he meant; but they suspected a servant who had left them, and had got married, and he spoke to an inspector of police to make inquiries about the character of the husband, and found he was a steady person; that he was afraid to make it public, for fear he should lose his situation, and he hoped to surmount his difficulties—he also said that he had lent money to a Mr. Mawby, to the amount of 280l. and that he gave him 70l. more, and Mr. Mawby assigned over the lease of a house and stables, at the back of the Swan public-house, in the old Kent-road—he said it was the parish money; he said he never had any money of his own—he also said that he had lent money to his friends and others, which had all turned out bad debts—he also stated that about three years previous he was deficient with the Government
to the amount of 500l. or 600l., and that he borrowed 300l. of a Mr. Enoch Clark, for the purpose of making good that deficiency—I think it was at this interview that he agreed to transfer his book debts—he carried on business as a tailor—I believe his book debts were transferred, but I cannot say—they amounted to above 100l. I believe—the amount that has actually been received upon them is 43l.; I only know that from Mr. Marsden—I do not think the amount of the deficiency was mentioned at that interview, either by me or by the prisoner—at that time there were no sums entered in the January rate-book,' as having been received by the prisoner—this is a receipt and deposit book, in which he should enter all monies he received, and also what he pays into the bankers—we found that he had not entered a single shilling—he was not requested to make up that book; we did it ourselves, I and my brother overseer, Mr. Coombe—these are his figures in the January rate-book; this represents that he has received 1,753l. 2s. 8d. on the January rate—that was made up subsequently (Mr. Metcalfe objected to this evidence, as it related to what took place after the arrangement had been made, and a formal deed entered into upon the subject. An indenture of agreement was handed in by Mr. Marsden, which the Recorder, upon perusing, was of opinion had the effect of rendering what took place subsequently, inadmissible)—I had an interview with the prisoner on 8th May—he wrote this letter on 10th May (This was a letter to the Churchwardens and Overseers, stating that he was too ill to attend to his business, and appointing his brother and brother-in-law to go through the rate-books and vouchers, to ascertain the amount he owed to the parish)—In consequence of that, the accounts were investigated by those two persons and the parish officers—there is no date to the entries made in this book; I am not able to say when they were made; it must have been some little time after 8th May—they were six or seven days going into the account; it must have been done after the agreement was entered into.
GEORGE WILLIAM MARSDEN . I am vestry clerk of the parish of Camberwell—I saw the prisoner on 7th May, in consequence of something that had passed on the 3rd—I mentioned to him that it appeared he was deficient in a large amount—I did not mention the amount; I don't think it was known then—I asked what amount he thought he was deficient, and to the best of my recollection he stated he thought it was 500l.—some conversation then arose about his having a deed in his possession, which he thought would be sold to Mr. Elgay, and would produce the amount—I asked what money he had been collecting, that he could pay over to me, and he gave me 68l., which he took from his cash-box—that was paid in by me, and credit has been given for it—that makes the amount 818l.—a Mr. Enoch Clark then came up into the prisoner's bed-room, and we had a conversation; it was principally about his deficiencies, or something of that kind; and there was an expression of regret: that was the time he said he thought it was about 500l.—there was a suggestion that property was going to be sold, and he thought it would realise about to that extent—I afterwards went with Mr. Pott's and took a memorandum of what took place; it was taken down at the time—he said he had lost a cash-box containing about 350l.; I believe there was something preparatory said, there must have been something said about his deficiencies, of course; I don't recollect the amount being specified at that time—he was asked by Mr. Potts or myself to explain the cause of his deficiency; and he then stated that he had lost his cash-box, with 300 sovereigns, as I understood, as has been detailed by Mr. Potts; that he had not made it known for the reasons stated by him; that he thought he should
be dismissed; that he was in hopes of surmounting his difficulties—he detailed a large amount of monies lent to a Mr. Mawby; and that he had also purchased property—I understood that he had no money of his own; he stated that—in a letter he appointed his brother and brother-in-law to go through the accounts, and they were subsequently gone into by them, on his account—he has not at any time mentioned to me the amount—it was always considered a settled balance, a settled sum; he never saw the account in my presence, to my knowledge—he was requested by me to make up this rate-book; he did so, and he was requested to put his initials against the sums which he had received—I presume it was in consequence of that request, that the sum of 1,753l. appears there—the deed was entered into on 26th May—the entry of the 1,753l. was made a long time before that—it was not made with any object of prosecution; I believe I required it as evidence in a court of law against his sureties—I have not gone through the books entirely myself—Mr. Coombes, one of the overseers, has gone through them, and ascertained that the 1,753l. is the correct sum—this 1,753l. is the prisoner's hand-writing—with regard to the assignment, I have no recollection of his having agreed to make the assignment of debts at that interview with Mr. Potts; I took that afterwards; and directly after, a letter came down from the Crown, stating that we were collecting debts belonging to the Crown—43l. and some odd shillings was collected under that assignment.
WILLIAM COOMBE . I am one of the overseers of the Parish of Camber-well; last year I went through the January rate-book—the principal portion of it I entered from the prisoner's receipts; I mean the counterfoils—Mr. Marsden did the others—the principal part of it was checked by Mr. Bradley, the prisoner's brother-in-law, in my presence; I was there the whole of the time—I never spoke to the prisoner about the amount of his deficiencies.
MR. THOMPSON (re-examined). I did not go through these books.
MR. METCALFE submitted that there was no case for the Jury of the appropriation of any specific sum; MR. ROBINSON had no means, if the account afterwards made up was excluded, of proving any specific amount, but he contended that there was evidence of the prisoner's having appropriated something to himself—The RECORDER intimated that some specific sum must be shown to be embezzled; and, in the absence of any further evidence, considered the parish were quite justified in treating it rather as a debt.—MR. ROBINSON under these circumstances, withdrew from the further prosecution of this indictment.
NOT GUILTY .
MESSRS. ROBINSON and POLAND conducted the Prosecution.
WILLIAM JOHN JACKSON . I am a rate-payer, of St. Giles', Camberwell—in November, 1857, I owed 34l. 14s. 2d. for poor-rates and general rates—Mr. Gillard brought me a letter, from the prisoner, I believe; I did not know the handwriting—in consequence of that letter, I gave Mr. Gillard a cheque for 34l. 14s. 2d. on the London and Westminster Bank; that was all that was applied for—this is the cheque, it has been returned through my bankers, as paid.
GEORGE WILLIAM MARSDEN .—This letter is in the prisoner's handwriting (Read:) "November, 3d, 1857. Dear Sir,—Can you oblige me with a cheque per bearer; he will give you an acknowledgment, and if you will send the paper with the cheque, I will return the receipt by post. Yours, ALFRED COOPER."
W. J. JACKSON (re-examined). There were several papers referring to the different rates; I returned them—no receipt was ever sent to me—the cheque was for the amount of the papers enclosed.
Cross-examined by Mr. METCALF. Q. The papers you speak of would show the amount of the different rates, would they not? A. Yes; all that I now recollect is, that I gave the cheque for some rates; my father had recently died, and I had some difficulty in getting the affairs straight, and the rates had been in arrear for some little time; I think about a year—I have seen the prisoner many times—he has been thirteen years in the office—he was very much respected in the parish—I should think he had heavy duties to perform, and complicated accounts to keep.
Mr. ROBINSON. Q. Much the same as any other collector of rates, I suppose? A. Yes; I should presume so.
WILLIAM GILLARD . In November, 1857, the prisoner requested me to call on Mr. Jackson to receive payment of some rates—I did not take a letter; that had been sent the day before—Mr. Jackson gave me this cheque—I delivered it to the prisoner the same day—I have taken money to the London and Westminster Bank repeatedly—I knew that the prisoner had an account there; it was at the Southward Branch, London-bridge—I am not certain whether this cheque was paid in with other monies.
Cross-examined. Q. You have repeatedly paid monies that you have collected for the parish into that bank? A. Yes, for Mr. Cooper; that was a regular and proper thing to do—I was employed by Mr. Cooper; I very frequently collected for him—I do not know whether he was ill at that time; he has been ill several times; he was very ill in 1858; I heard that it was brain fever—he had been ill for some time before these gentlemen went to him—it is possible that I may have taken a letter to Mr. Jackson; but the letter requesting him to pay me, I think, was sent to him the day before—I did not take the collecting books with me to Mr. Jackson's; I merely went for the cheque at Mr. Cooper's request—I don't remember Mr. Jackson's returning the papers to me; whatever he gave me I returned with the cheque to Mr. Cooper—I remember receiving the cheque, which I gave a receipt for—when I collect I generally take the books with me, and return them, with the money I have collected, in the evening—I always make entries of what I receive—I took all the books with me relating to the different rates, poor-rates, sewers, lighting, and so on; it is divided into eight books—in this instance I only went for the cheque—I have collected for Mr. Cooper for about eighteen months—I have gone through these books—I merely assisted for a very short period, to make up the cash-book—I did not call attention to the cheque received from Mr. Jackson; that would not be in the cash-book—I did not see the balance made; the prisoner's brother finished the balance—I never had anything to do with the parish at all—I was employed by Mr. Cooper, and returned my accounts to him—I was employed by him when I assisted to make up the cash-book; he requested me to do it—that was not the book for July, 1857—this is the book (produced)—I did not take great notice of it; it was only handed to me on Saturday night, and I was to do it by the Monday—in fact the only thing I had to do was the addition—it commences in 1855—I did not go through it, only partly—I merely did the adding-up, and the prisoner's brother finished—I made some of the entries, I have no doubt, but cannot see them now—I made them in pencil, and they have been filled up—I am not aware that I entered some sums, which bad been received by the prisoner and had not been entered before; I dare say I did—there were two or three books, but they
were sent for in a violent hurry—in fact, I ought not to say that I had anything to do with the books at all—the prisoner certainly gave me the book, with the request that I would make it up as well as I could; but, as I said before, I had these books late on the Saturday; they were to be sent in on the Monday, and the brother came and took them from me on the Saturday—this is very nearly two years ago; it was in the early part of 1858—they were in a hurry to make up the books for the purpose of the audit—the prisoner was ill in bed at that time.
RICHARD HAMMOND THOMPSON . This is the July, 1857, poor-rate book—the sums entered here are in the prisoner's handwriting—there is an amount of something, about 30l. or 40l. here against Mr. Jackson; it is in separate items, and appears to be brought forwards from various other rates, including the July rate—I have seen all the books; there is no entry in this, or any other book, of 34l., or anything like that sum, as received from Mr. Jackson—he appears to be a debtor to the parish to the amount here stated—there appears to be in his arrear column, that is the irrecoverable column, the sums of 13s. 9d., 4l. 16s., 4l. 13s. 6d., and 2l. 5s. 4d.—I then turn to another page, still in the prisoners hand writing; one sum appears to have been altered; the casting appears to have been made incorrect in the first instance—the sums are here, 8s. 10s. 6d., 2l. 8s. 2d., and 2l. 9s. 7d.—at the time that these books were given up, the whole of that appeared to be due; I believe it is 34l. 17s.—in the general rate, July, 1857, Mr. Jackson appears to be a debtor to the parish in the following sums, 3l. 8s., 17s., 4l. 5s., 1l. 1s. 3d., 4l. 10s. 8d., and 1l. 2s. 8d.; that all appears to be due by this book—after the prisoner was suspended, I was appointed to collect, and the books were given into my keeping—in accordance with the appearance of those books, I called on Mr. Jackson for the amount of the rates, and then it was he gave me information—I got a cheque from him for the balance; it is something like 30l., that and the 34l. make up the amount which appeared to be due from him in these two accounts—this book (produced) is the recoverable book, applicable to the general rate; it is in the prisoner's handwriting—I did not see this book until the other day—Mr. Jackson is there represented as still in arrears for the same sums which I have named, not the items of the poor-rate, this book only purports to be for the general rate.
Cross-examined. Q. You say that in the July rate-book of 1857, the prisoner has entered all the sums that you have given us, as in arrear? A. Yes; on one line the name of the occupier is put, and "Thomas Jackson" on another line; there are various houses belonging to Mr. Jackson which were separately assessed and afterwards compounded for by him, and the balance is written off as irrecoverable; a man who compounds is rated on more favourable terms—the difference between what the occupier and the owner would have to pay is written off as irrecoverable—the owner would pay the rate instead of the tenants, it appears so here; that is quite usual—the owner's name does not appear—this "compounded for" is written by the prisoner—we frequently allow a landlord to come in after the rate has been made, and compound for his tenants—these books have not been in the prisoner's possession since he was suspended; he gave up all his books at that time—I don't know whether that was at the time the agreement was entered into assigning his debts.
MR. ROBINSON. Q. I understand that the arrears from January, 1857, are carried out into the July, 1857, book? A. They are; it was some time after I had had this book in my possession that I called on Mr. Jackson; I sent him a notice that certain rates were due; I should think it would be
July or August, 1858, that it was that I discovered that Mr. Jackson had paid them.
MR. METCALFE to MR. MARDSDEN. Q. When was the last time that any money was received under the agreement? A. I should think ten or fourteen days after the date of the deed; the fact is, I knew that the Government had issued an order, and I wanted to get in the property as fast as I could; I wanted to anticipate the Government—there was not any money received under the assignment long after that, directly the Government sent me a letter, I discontinued collecting; indeed, I fancied that I had collected almost all—I know I sued the sureties for the amount, 400l. each; a writ was also issued against the prisoner immediately after the balance was ascertained, for 781l. and 117l., making 898l.—I did not sign judgment upon that—judgment has not been signed—the writ was issued from my office—I had directions from the churchwardens and overseers; they are my present clients—it did not include the amount of 35l., which was not known at that time—I have partly gone through the accounts; I have not looked at these particular items—I have had the book since; it is in the arrear column—I have not gone through all the books myself—I did not know that Mr. Jackson was a ratepayer of the parish; I only know that that sum was not included in the 899l.—I have been through the books since to ascertain that—Mr. Jackson was carried forward in the arrear column; therefore, it could not be included in the 899l.
Q. When you made this agreement with the prisoner, you did not, of course, think he was guilty of embezzlement? A. It was not an agreement; I made no agreement with him—I, on the part of the parish, prepared the deed of assignment of his debts, or it was prepared in my office—I considered at that time that he was guilty of embezzlement; but my clients perhaps, at that time, did not wish to treat it so—I drew out an agreement for the parish to get what they could; of course I knew very well that a collector, when he collects money and does not pay it over, is guilty of embezzlement; and knowing that, I drew that assignment; I advised them to accept it, pro tanto—I wanted to get as much for the parish as I could.
Q. And not being able to get the balance, you advised them to turn round on this poor fellow, and indict him for felony? A. Certainly not; it was supposed at the time the assignment was taken that he only owed to the parish what was represented by the recital in the deed, but this 34l. was not included in that sum—it was under the advice of counsel, that the last case was prosecuted; it was not under the advice of counsel that the matter was compromised; I do not say that it was compromised; the criminal proceedings were referred by the vestry—the prisoner was taken into custody in July or August last—this prosecuting him was not made known to me until instructions were given to issue a warrant against him—it was reported to the parish from time to time, that he was keeping a lodging-house at Brighton—I got 60l. from one surety; that was probably in December, 1858—I did not get a further sum from the prisoner; it was long before that that I sued him; the matter did not drop then, until I found he was keeping the lodging-house at Brighton—there were actions pending against the sureties, and it had been referred by the vestry, to the Finance Committee; and ultimately, in July, they reported from the subsequent discoveries of great defalcations, that they thought the Vestry ought to order a prosecution for embezzlement; that was in July, 1859—it was
not reported to the vestry till then—it was reported that he was a defaulter to a certain amount—that was the report made long prior; but the subsequent defalcations which amounted to a larger sum, were not reported till July, 1859—I cannot give any particular reason why the report was not made before that; it went on from time to time like other matters; and by July they found what could be collected from the sureties; and it was also reported to them that large subsequent defalcations were discovered, from time to time, over and above the account; and then the Finance Committee reported to the vestry—what I allude to is this; the accounts were supposed to have been taken by his brother, and his brother-in-law, I mean those accounts that were not included in that account—I have settled the action with one surety, by taking 68l.—and I have settled the other by taking 20l., and 40l. by instalments—the third I could get nothing from; he was not considered to be worth powder and shot—there were three sureties—the poundage due to the prisoner is shown in the account—I dare say it may be 200l. or 300l. on all the rates—there has been no general settlement with him on the part of the parish; each rate is audited—if he had made any application for poundage, he could have received it—there was not any general settlement; the way would be this, the auditor would go through the account, and ascertain what the poundage would be, and if he sent in his account and made a proper application for it, he would have received it; the rate-book will show it; and of course if he wanted the money, he would have applied for it—the auditor generally puts down how much is due to him—I should say that 200l. or 300l. of poundage extends to the 1856 rate, not to 1858—the rate for 1858 was not under audit at that time—we are not charging him with the receipt of any portion of that in this case, he had only received the book in the middle of January, and then the July rate of 1857 was under audit—there would be no poundage due to him; it would be due to him as soon as collected—the poor-rate is a January and July rate—the sewer and lighting is made for one year, payable by instalments—I can only say that the parish did not pay the poundage, because he did not ask for it—I know of no other reason—I am the person to whom he should apply for it—he did not make repeated applications to me to have it settled; nor to my clerk, that I know of—I have always thought that his salary would be worth 300l. or 400l. a year; but he told me at the time that he was ill, that it was 150l.—I never gave it my attention unless an application was made—if he required a cheque, upon his writing, it was put before the churchwardens and overseers, and they signed it; it was not then given to me, it was given to the party entitled to it—I drew the cheque; it would either be handed to me and left in my office till called for—not personally paid by me—my clerk transacts business for me—I have no knowledge or recollection of the prisoner's having made repeated applications for his money, from time to time—I have no doubt if he had put it forward in a proper way, it would have been paid immediately, like every other debt of the parish.
Q. Do you remember the prisoner's over-paying upon the highway rate? A. When I made up the account for the highway rate, I found that he had overpaid that; that would not be a deduction upon this matter, it would be a deduction from the general account—I found that out, I should think, about the latter end of June, 1858—he had paid it into the vestry account, and the vestry account gave the churchwardens credit for the amount; that was discovered after I had got the books, and was inquiring for that purpose.
MR. ROBINSON. Q. Did he pay it into one account instead of another?
A. He paid it in to the vestry account; there appeared upwards of 1,000l. due from him to the parish after giving him credit for his 300l. poundage and his 50l. over-payment—giving him credit for all amounts, upwards of 1,000l. is due from him—I have heard that he was keeping a respectably furnished house in Bedford-place, Brighton; I never saw it.
MR. METCALFE. Q. Did he not leave his address with you when he went to Brighton? A. Certainly; I asked him to do so.
MR. METCALFE to MR. THOMPSON. Q. Is the recoverable book in the prisoner's writing? A. Certainly it is; I do not know his brother's handwriting; I believe it to be the prisoner's; I never saw anything more like it in my life.
MR. ROBINSON. Q. Look at this other book, what is that? A. The unpaid-rate statement; that is a book made out by Order of the Poor Law Board, after the rate-book is closed, and has upon it the arrears due when the book is closed—I believe that to be in the prisoner's writing and signed by him; it is dated 1st May, 1858—Mr. Jackson's rate is here charged among the arrears as recoverable—this only purports to be the July, 1857, rate, the current rate; it contains the same items as those which have been read from the other book.
MR. METCALFE. Q. What opportunity have you had of seeing the prisoner write? A. I have seen him write, and he has given me receipts—I have not seen his brother write—this book is ordered to be kept by the Poor-Law Board, made out for the satisfaction of the auditors—I have seen a great deal of the prisoner's hand-writing—I have seen him write more than once, but I have had a good deal of his writing pass through my hands, and I have received letters from him—I cannot say how often I have seen him write; at all events, I have once, if not more—I heard that at the time this book was made out the prisoner was very ill, too ill to attend to any business; I did not see him; no doubt he was ill—his brother and brother-in-law went through the books—I don't think this book was made out by the brother; I believe it to be in the prisoner's hand-writing—there are certain portions of the book in other writing; it is merely a copy from these books, of the arrears then due—it is not such a statement as his brother was deputed to make—I did not attend at the vestry when this matter was discussed; I am not a vestryman.
GEORGE MORTON (re-examined). The signature in this book is the prisoner's—I do not know his brother's writing—I believe the items relating to Mr. Jackson are the prisoner's writing, but I would not swear it; I do swear to the signature.
MR. METCALFE to MR. MARSDEN. Q. Do not you know that the prisoner's brother made out that account? A. No, I do not—I cannot say that the prisoner's brother made out this where Mr. Jackson's name appears; there is a great resemblance between their hands, but it is signed by the prisoner; that I can swear to; I swear positively it is his hand-writing—I know that he was quite capable of making up his accounts at that time—when I saw him he was in bed; that was on the 7th and 8th, I think, but I heard two or three days afterwards that he was out—I cannot say whether this book was made out by the prisoner or his brother; my impression would be that the entries are in the hand-writing of the brother; it has all the appearance of the brother's—I can't say in which hand-writing the other book is; there is a great resemblance between them—there was an inquiry made at the Police-court whether the prisoner had not made out a recoverable-book of the sewer, lighting, and general account, and whether it had not been handed to
me—Mr. Lewis examined me on that point—I had no recollection of receiving this book; but after the examination before the Magistrate, Mr. Morton searched a bundle of papers, and he found this book among them—I have no recollection of how it came there; it was among papers put up as Cooper's papers, in my custody—I had no knowledge of that book then, and I have no knowledge of it now—notice was given by the prisoner's attorney to produce it.
Q. Was it not brought to you by the prisoner's brother? A. I have no recollection of the book, no more than it was found among my bundle of papers; my impression is that it was made up some time before.
MR. ROBINSON. Q. Have you seen the prisoner's brother and brother-in-law here to-day? A. I have seen the brother-in-law, not the brother.
MR. THOMPSON (re-examined). I have seen Mr. Bradley, the brother-in-law, here to-day, but not the brother.
COURT. Q. What is the amount that Mr. Jackson was in arrear after the 34l. 14s. 2d. was paid? A. The difference between that and 51l.; the 34l. did not pay the whole that was due from Mr. Jackson; there were other rates due; that was money paid on account of certain rates—there would be 17l. still in arrear—in the prisoner's books the whole of the 51l. appears to be still in arrear—in the recoverable-book there is about 15l. on the general-rate, and 34l. on the poor-rate; 50l. in round numbers.
MR. MERCALFE submitted that there was no case to go to the Jury; in as much as there was no proof on account of what particular rates the money in question was received, nor any proof that the money was not in fact, paid over by the prisoner.
THE RECORDER could only stop the case upon the ground of there being no evidence; but it appeared to him that there was evidence, in the fact that a particular sum was shown to be received and not entered in any of the books, as it ought to have been, according to the prisoner's duty; it was also shown that there was a deficiency of 1,000l.; taking those two facts together, there was evidence for the Jury whether that particular sum had been misappropriated by the prisoner.
Several witnesses deposed to the prisoner's good character for many years.
NOT GUILTY .—There were other indictments against the prisoner which were postponed to the next Session.
MR. RIBTON the Defence.
GUILTY .— Confined Nine Months.
Before Mr. Justice Byles.
PLEADED GUILTY .— Six Years' Penal Servitude.
The particulars of this case were not of a nature for publication.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. CLERK conducted the Prosecution.
JOHN ORRELL . I am a plumber in the Commercial-road, Bermondsey—the prisoner occupied two rooms in my house in July and August last, at 3s. a week—on 18th July, he owed me two weeks' rent, and that evening he paid 6s. to my wife in my presence for two weeks' rent—I saw him give it to her—she placed it in a drawer; there was no other money there at that time—about 12 or 15 minutes afterwards she went to the drawer, took a piece out and gave it to me—I went to a shop and offered it in payment for some ham, and it was returned to me as a bad one; it was never out of my sight at the shop—after that I came back to my house and looked at the other five pieces and they were all bad—I took them all next morning to the Southwark Police-court and gave them to the police constable—the prisoner continued to lodge in our house after that—I did not say anything to him about the two weeks' rent—on 9th August, my wife gave me 7s.; I did not see who gave her the money—I looked at them and found that five of them were bad—I gave them to police constable 249 M, the same day—I gave the six pieces on 19th July to Henry Upton—the prisoner was taken into custody on 9th August; he was not taken at my house.
Cross-examined by MR. ORRIDGE. Q. How long have you known the prisoner? A. About three months; not before he came to my house—he occupied the ground-floor—I had two other lodgers besides the prisoner; we generally keep our money in our pockets; I don't think my wife had ever put money in that drawer before—the prisoner has never threatened to make a complaint to the commissioners about the state of the house; he was about to leave, I had given him notice—he paid me 3s. between the times of giving the bad money—he once asked me to put up some paper in one of the rooms, and I told him if he did not like it, he could go—I have been in possession of this tenement for fourteen years—I have never had cases of bad money before; when I took the money to the shop I did not examine it at all; but the instant the shopkeeper saw it he said it was a bad one—I did not dream for a moment that it was bad.
HARRIET ORRELL . I am the wife of John Orrell—the prisoner was a lodger at my house; we did not live in the house ourselves—on 18th July, he came and paid me 6s. for two weeks' rent—I put the money in a drawer, there was no other money there—about 15 minutes afterwards I went to the drawer and took out one of the pieces and gave it to my husband—on 9th August the prisoner paid me 7s.; I gave them to my husband—I believe the prisoner is a brace maker.
Cross-examined. Q. Did you look at the 7s.? A. Yes; I take a great deal of silver in my time—I detected the shilling—I did not say anything to him—I do not keep money in that drawer; I have never kept it there before—I had no pocket on then—I had just changed my dress, so I put the money in the drawer—once or twice the prisoner made some trifling complaints about the paper, and I told him if it did not suit him he could leave, that was all—it was about 8 o'clock in the evening when he paid me on the second occasion; he staid in his own house after he paid me the money—I went to the station-house and a policeman came.
Cross-examined. Q. Do you know the prisoner? A. I know nothing about him.
shillings bad and two shillings good—I told the prisoner he was charged with having uttered five counterfeit shillings to Mrs. Orrell; he said she was looking at it, why did she not say it was bad at the time—I said, "You also passed some counterfeit shillings to the same party before"—he said, "I have had no bad money that I am aware of."
Cross-examined. Q. Do you know the prisoner? A. I do not.
Cross-examined. Q. Are these shillings not very bad ones? A. Not very; I have seen much better.
The prisoner received a good character.
NOT GUILTY .
MESSRS CLERK and SHARPE conducted the Prosecution.
CHARLOTTE TONGE . I am eleven years old—I live at 4, St. John-cottages, Richmond, with my mother—one day last month, I was out in the street with a little girl named Fanny Bacon—she is younger than I am—it was on a Tuesday in August; I don't know the day of the month—we were at the top of a court—as we were walking along I saw the prisoner; he stopped us, and said, "Will you go into "The Maid of Honour' and get me a shilling's worth of wine biscuits?"—we said "Yes"—he then gave Fanny a half-sovereign, and said, "Make haste"—we went into the shop together, and the woman weighed out the biscuits—she could not give us change for the half-sovereign, so we went out and tried to get change—we went to a Mr. Brooks, and he told Fanny it was a bad half-sovereign—she went back to the place where we first saw the man—I went home—this was about half-past 8 in the evening—when I left the "Maid of Honour" shop to try and get change I did not see whether the prisoner was still in the street—I did not see him again.
Prisoner. Q. How could you tell the man? A. Because I noticed you; I think you had a little whiskers then—when I saw you before the magistrate I knew you—the policeman came to me at night—my mother told me the man was taken.
FANNY BACON . I was ten years old last July—I live at 2, Chapel-yard, Richmond, with my mother—I was with Charlotte Tonge on Tuesday evening in August, in the street—a man asked us if we would fetch him a shilling's worth of wine biscuits, and he gave me a half sovereign—I went into the 'Maid of Honour' shop with it asked for the biscuits, and they were weighed—the woman could not give us change, and we went first to a baker's; could not get change there; and then we went to Mr. Brooks—he counted the change out, and put it on a glass, and then I put the half-sovereign on the counter; he took it up, and said something to me, and told us to go outside and look for the prisoner; we did so, but could not see him—next morning I saw him at the vestry in Richmond—he was then in custody.
Prisoner. Q. You say you are living with your mother; have you got a mother? A. Yes, I have—this was about half-past 8 in the evening—it was in the street—I can swear by the clothes that you are the man—you had on a light waistcoat, and dark coat, and light trousers—I gave a description of you at the station, to the policeman—I did not see you at the station—I did not notice the buttons on the waistcoat—the man had a cap on; it fitted flat on his head.
change for a half-sovereign—one of them gave me the half-sovereign, and I saw it was a bad one—I said something to one of the girls, and in consequence of that she went into the street, and then came back to my shop—I gave the half-sovereign to a policeman named Jackson.
Prisoner. Q. Did you see me that evening? A. No.
THOMAS WILLIAM JACKSON . I am a police-constable, at Richmond—on Tuesday evening, 10th August, I went to Mr. Brooks, in consequence of some information—I received from him this half-sovereign (produced)—that same evening the prisoner was brought to the station in custody by another constable.
Prisoner. Q. What did you say to the girl when you went to the mother's house? A. She gave me a description of you—she described you very minutely, with the exception of your trousers, and those she said she thought were dark—they afterwards turned out to be light.
COURT. Q. Did you take the charge against the prisoner? A. I did—he gave his name, William Jones, and his address, 12, King-street, Lambeth, and stated that he was a furniture polisher—I went to the address given—he was not known there; I also went to 12, King-street, Lambeth-walk, he was not known.
CHARLES SLADE . I am twelve years old—on Tuesday, 16th August, about a little after 9 o'clock in the evening, I was on the railway bridge, at Richmond—I met the prisoner there—he came up to me and said, "Will you go and get me a quartern of rum, and I will give you 2d. when you come back,"—he gave me a half-sovereign and a bottle, and I went to Mr. French's, at the Orange Tree—I there asked for a quartern of rum, and gave the half-sovereign to Miss French—she looked at it and then called her father—Mr. French came, looked at it, and said something to me—in consequence of that I went out to look for the prisoner; I found him, and said, "Mr. French says you are to go back and fetch the money and bottle yourself"—he then gave me a penny and walked away from the Orange Tree—I saw Mr. French again—he came up behind me—I pointed out the man to him, and he gave him in custody—he was not very far from me then—this was the bottle that the prisoner gave me (produced)—I left it at Mr. French's house.
Prisoner. Q. Did you see the man on the railway-bridge. A. Yes; there is a light just over the bridge—I swear to you by your face—I did not say when you were taken that I could not tell the man—the policeman took me by the collar and took me to the station—I and the policeman were in a room by ourselves—I cried because I was frightened—the policeman asked me if that was the man, and I said, "Yes,"—I did not notice the man's whiskers—I don't know how long I was in his company.
MR. SHARPE. Q. Did you ever say to any policeman that you would not know the man that you had seen on the bridge? A. No; the policeman came up after I pointed the man out to Mr. French.
COURT. Q. Did you ever lose sight of him from the time he gave you the penny till Mr. French took him. A. No; the prisoner had a cap on——I afterwards saw that cap at Mr. French's—I was at the vestry-room before the magistrate—I saw the prisoner with a cap there; he had it on—I recognised him when I saw him before the Magistrate.
MARY ANN ADAMS . I am the wife of Isaac Adams, and daughter of Mr. French, who keeps the Orange Tree public-house—on Tuesday evening, 16th August, I was assisting my father in his business, and the last witness came in—he put down a half-sovereign and a bottle, and asked for a quartern of
rum—I took the half-sovereign up, thought it was very light, and called Mr. French—he said something to the boy, and the boy went out—Mr. French soon afterwards followed the boy, and that bottle was left with me—Mr. French gave the half-sovereign to the policeman—I gave it to Mr. French.
THOMAS FRENCH . I keep the Orange Tree, at Richmond—on 16th August last, having been called in by my daughter, I looked at a half-sovereign which she gave me—I saw the boy Slade, and said something to him—I gave the half-sovereign to policeman, 234 V—when I spoke to the boy he went out of the house—I followed him in two or three minutes—no one had been in the house from the time the boy came in till I followed him—I saw the boy in the act of leaving the man—I met the boy, and said, "Is that the man who gave you the half-sovereign?"—he said, "Yes,"—I went up to him, followed him, and afterwards took him down to my house—he begged very hard to be let go; he said he would give me anything if I would let him go—I sent for the policeman and gave him into custody.
Prisoner. Q. On which side of the way did you take me? A. On the opposite side to my house—I suppose it was about twelve or fourteen yards from the bridge—it was after 9 o'clock in the evening—there is a train runs as late as 9 o'clock—I caught hold of you—you did not ask me what I wanted with you—you said, "Pray, let me go,"—when the boy came to my house, I asked him where he got the half-sovereign from—he said, "A man gave it me on the railway-bridge,"—he did not give a description of the man at all—when I took you there was no one else passing, to my knowledge—I was quite sober.
MR. SHARPE. Q. When you came out of your house did you see the boy Slade and the prisoner talking together? A. I saw the boy in the act of leaving the man—I never lost sight of him from that time to when I collared him.
Prisoner's Defence. I think it is very severe that a man should be taken up because he had a light waistcoat and cap on. The boy says I was on the bridge when I spoke to him, and the man says I was about twelve or more yards on this side of it, therefore the boy's statement is wrong; and then the girls only swear that I am the man because I had a light waistcoat and cap on. It is very hard to have one's liberty sworn away by two children; they are not fit to take the oath; they can't tell now whether the man had whiskers or not The boy was proved to tell falsehoods repeatedly before the Magistrate. I had never been in the town at all that evening. I have a wife and children; my wife and one of the children are ill, and they have been in great distress since I have been apprehended.
GUILTY .— Confined Two Years.
MESSRS. SHARPE and POLAND conducted the Prosecution.
NICHOLAS BUTLER . I keep the Spanish Patriot public-house, Lower Marsh, Lambeth—on Friday, 2d September, the prisoner came into my house about 11 o'clock in the morning—he asked for three half-penny worth
of rum—I served him, and he gave me in payment a half-crown—I gave him in change a two-shilling piece and 4 1/2 d. in copper—he then left directly, and left part of the rum in his glass—I had put the half-crown in the till—my suspicion was aroused, and I opened the till and found it there—there was no other half-crown in the till—I examined it—it was a very bad one—I put it in the fire and it melted directly—on Friday evening, 9th September, my barman, Swain, showed me a bad half-crown—I went into the bar and there found the prisoner—I knew him again—I went round the counter and told him I would give him in charge to the police—he said he had a wife and family, and he hoped I would not—I then put my hand on his shoulder and we went towards the door—I stayed there some time before I saw a policeman—while there he made an attempt to run down the street, but I caught him again—he then said, "I will not run away," and all at once he made another start and ran down the street—I caught him the second time—he had a dog with him—he said, "There are a great many people here; let us go inside and have a glass of porter,"—I said. "Yes,"—we were going in, and he made a bolt and ran away the third time, as hard as he could—my barman ran after him—while he was running away I saw the dog pick up something—I saw him at the police-station without any coat—he had a coat on when he ran away.
Cross-examined by MR. COOPER. Q. How many persons do you suppose entered your house from the 2d to the 9th? A. One hundred, or more, I should think—I don't think I ever saw the man before—I did not say at the station-house that I remembered his face, but could not say whether he had passed bad money to me before—this is my handwriting (The witness deposition, being read, stated)—"I remember the prisoner's face, but cannot say that he passed bad money to me before."
MR. POLAND. Q. Are you quite sure he is the man who was there on the previous occasion? A. I have not the least doubt of it.
JOHN SWAIN . I am barman to the last witness—on Friday, 9th September, the prisoner came to our house and asked for a pint of porter—I served him, and he gave me in payment a half-crown—I looked at it, tried it, found it was a bad one, and took it into the parlour to my master—he came into the bar—the prisoner was then going out, and I said to him, "Where are you going? you have given me a bad half-crown"—he said, "I am going to look for my dog"—he went out, came in again, and said, "Never mind, I will give you a good shilling"—I then took the good shilling and gave him 4 1/2 d. change—he brought the dog back with him when he went out—it was a large blood-hound—I gave the half-crown to the policeman as soon as he was taken—I did not see the prisoner start—I ran after him after he had started—I was about fifteen yards behind him the whole of the distance—at that time he had a coat and a white hat on—as I was following him some one threw me down—when I got up I saw the prisoner running a long way ahead of me without a coat—I have no recollection of having seen the prisoner before at our house.
Cross-examined. Q. You serve the customers, do you not? A. Yes—a great many labouring men come in there—when I went to the police-station I did not hear what my master said—there was no opportunity for the prisoner to get away when he said he was going for his dog, because my master was there—he came back and paid the good shilling—he was in the bar and the master was at the door.
MR. SHARPE. Q. Did you give the prisoner into custody? A. Yes, as soon as the constable came up.
MR. COOPER. Q. Did not the prisoner say he might have taken the half-crown in change for some walnuts? A. Yes.
MR. POLAND. Q. Did he say where he had bought the walnuts? A. In Covent-garden—he did not say who the person was.
JAMES REEVES (Policeman). I was on duty in Oakley-street on 9th September—I heard a cry of "Stop thief," and saw the prisoner running and the last witness also—when I first saw the prisoner he had his coat and waistcoat on—I did not stop him; he was stopped by somebody else—he had no coat and waistcoat on when I took him in custody—I told him what he was charged with—he said he did not know it was bad—his coat was given to him after I had taken him to the station-house—a boy gave it to me and the prisoner put it on—that is the coat that he has on—he gave me an address, which was correct, at the station—Mr. Butler, in the prisoner's presence said that he was the man who passed a bad half-crown the week before—he made no answer—I produce the half-crown.
Cross-examined. Q. I believe you went and found the direction right, and you found also a basket of walnuts? A. Yes.
COURT. Q. What is the prisoner, do you know? A. A costermonger.
Cross-examined. Q. The common coal used at public-houses, when it is at dead heat, is very powerful; it would melt easily, would it not? Yes.
NOT GUILTY .
MR. BEST conducted the Prosecution and MR. DOYLE the defence.
— NOT GUILTY .
PLEADED GUILTY .
Three Years Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Justice Hill.
MR. GENT conducted the Prosecution.
DAVID EVANS (Police-sergeant, M 42). On Friday morning, 19th August, I was on duty in the London-road, about a quarter before 4 o'clock, near Mr. Fairhall's—my attention was directed to a house in Mansfield-street—I went through the house No. 129, London-road, which is next door to the prosecutor's—I there found a pair of steps placed against the wall at the back of the house—I went up those steps and found the property stated, on a lead flat belonging to the house No. 127, which is next door to the prosecutor's—the property was in four different bundles; knives, forks, and
spoons—I have a portion of it here—I went to the prosecutor's house, and found the window had been broken, and the lock of the door broken off—the window is an up stairs window, which communicates with the leads—I also found a pair of trousers and this cap—I produced this cap at the station, in the prisoner's presence, and he said, "I am glad you have brought my cap"—it was under the skylight which had been broken through.
Cross-examined by MR. RIBTON. Q. Did you see the cap fall from the skylight? A. No; but it was in a position where it might have fallen—I went up a pair of wooden steps, which brought me on the leads—I did not see anybody—I afterwards saw the prisoner brought out of a shop about 6 o'clock.
MR. GENT. Q. Where was the other house the prisoner was brought out of? A. About fifteen yards from the prosecutor's—there is a wall leads from the prosecutor's to the skylight; we tracked him as far as there—there had been a skylight, but it was taken away; it was only a hole—the smith came at 6 o'clock to open the door, and the prisoner was in the shop.
JAMES TOOZE (Policeman, A 459). I was called to a smith's shop, in Mansfield-street, near to the prosecutor's, on Friday morning, 19th August, about half-past 4 o'clock—I first went to the prosecutor's, and when I got there, I found two or three other constables coming down with the property—I searched, but I could find no one—we took the property to the station—I then returned back, and went to the smith's shop shortly after 6 o'clock, and as I got to the shop I saw the door move—I went to the door, and the smith opened it, and said, "What do you want?"—(he lives in the house adjoining, and comes in at the back door; the shop is not part of his house)—when I got in the smith said, "Here is a man here"—I found it was the prisoner—I said I had been looking for a man a long while—the prisoner was all over smut and dirt, the same as I was in climbing over the tiles—I took him to the station, and when the cap was produced, the sergeant said, "Here is your cap brought from Mr. Fairhalls"—the prisoner took and put it on, and said, "I am much obliged to you for bringing it"—when I found the prisoner he had no hat or cap on—there were other constables about—I placed one at the smith's shop and another at Mr. Fairhall's—the prisoner could get from Mr. Fairhall's to the smith's shop—he might go along the top, and there was a skylight through which he could get down.
Cross-examined. Q. Could a man drop from the sky-light to the shop? A. No; but there is a beam goes across by which he might get down—I did not go that way—he might have gone in backwards—he did not appear sleeping—he was trembling.
MR. GENT. Q. Could he have got into the prosecutor's at the back? A. Yes, he could have got that way, but not after the alarm of thieves had been given.
JAMES WATSON (Policeman, M 251). I was sent by my inspector on the morning of 19th August, to search the back premises between Mansfield-street and the London road—I found this handkerchief, and several tools in it; they were in a school-yard, and there were marks of three or four persons in the school-yard, as if they had been making their way through—I examined the wall leading to the smith's shop—there were marks on it—the marks were leading from the prosecutor's premises, through the school-yard to the smith's shop.
o'clock; the shop was not closed at that time—this property is mine—these trousers I saw in the course of that day—they were in a drawer in my desk which was forced open—this other property was all safe in the glass case when I left—I have no doubt it is mine.
THOMAS COUSINS . I am in the employ of Mr. Fairhall—I fastened up the premises on Thursday night, the 18th August, about 10 minutes before 9 o'clock—I left the shop at 9 o'clock—the doors and windows were closed—in the morning I found the house had been broken open.
The prisoner was further charged with having been before convicted.
EDWARD COLEMAN (Police sergeant, M 53). I produce a certificate (Read: "Southwark Police-court, 21st July, 1856. John Kennedy was convicted of larceny from the person, and ordered to be Confined Six Months")—I was present—the prisoner is the man—I have known him to be a thief for eight or nine years—I never knew him do any work in his life.
GUILTY.— Eight Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
There were two other indictments against the Prisoner.
ADJOURNED TO MONDAY, OCTOBER 24, 1859.