CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET STREET.
Law Publishers in the Queen's Most Excellent Majesty.
On the Queen's Commission of the Peace,
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 28th, 1859, and following days.
BEFORE the Right Honourable JOHN CARTER, F.R.A.S Lord Mayor of the City of London; Sir George Bramwell, Knt. one of the Barons of Her Majesty's Court of Exchequer; Sir John Barnard Byles, Knt. One of the Justices of Her Majesty's Court of Common Pleas; John Humphery, Esq.; Sir James Duke, Bart. M.P.; Thomas Challis, Esq. Aldermen of the said City; Russell Gurney, Esq. Q.C. Recorder of the said City; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; John Joseph Mechi, Esq.; Edward Conder, Esq.; and James Abbiss, Esq. Aldermen of the said City; Thomas Chambers, Esq. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq. Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS GABRIEL, Esq. Ald.
OCTAVIUS TRYON CHAPMAN EAGLETON, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARTER, MAYOR. FIRST 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, November 28th, 1859
PRESENT—The Right Hon. the LORD MAYOR; Sir JAMES DUKE, Knt., Ald.; MR. RECORDER; Mr. Ald. ROSE; Mr. Ald. HALE; and Mr. Ald. ABBISS
Before Mr. Recorder and the First Jury.
MESSRS. ROBINSON and BEST conducted the Prosecution.
WILLIAMHENRYWELLS. I am a jeweller of 14, Corn-market, Oxford—about the latter end of August the prisoners came to my shop, and I made an exchange for them of some jewellery, these bright chains (produced)—I paid them 2l. 10s. in exchange and bought some Napoleons of them then—they said that they expected a brother from Australia who was going to get married, and they would come when he arrived and buy a lot of things for wedding presents—Jacob and Rosa came two or three days afterwards but they merely talked about goods which they wanted—on Friday, September 9, they all came and selected a number of things, of which I made out this list (produced) the same evening after they were gone—they are silver salts, forks, spoons, and all sorts of jewellery; my counter was entirely covered with them—my young man and my sister were also in the shop at the time—Rosa Levy fainted, and I went round the counter and helped her into a chair with the elder prisoner—he Said, "Give me some brandy"—I said, "I have none, but I have some very fine old rum"—he said, "That will do"—my young man fetched a bottle—Rosa had some and was restored—she had been about three quarters of an hour in the shop before she fainted—she had been taking part in the selection of the articles, but nothing had taken place to make her faint—Jacob wanted to know whether I had any loose diamonds—I said no, but that I could get some—I went to get some, but they would not arrive till the next day—he wanted some pearls for ear rings; I showed him a parcel to select from, and he selected four which were put on one side—when the counter was covered with articles Jacob selected from them—he continually
put his hand in his pocket and took out a box; he had asked me, between the first and second occasion, whether I could get him a larger snuff-box; his was almost as big as my hand, and I said that I should have to make a larger one expressly—after Rosa recovered, Jacob asked for a violin which was hanging up; my young man got it down and Jacob began playing it in the shop—one tray which Jacob had selected, containing jewellery to a large amount, was taken at his desire into my back shop, and he went in there and played—my shopman was showing things also, and Jacob took him by the shoulder bodily to take him outside the window to show him a tray of coloured gold seals and keys which he wanted to look at—I told the young man not to go—I said, "Let him go out and point, and you can stay inside; but he took him by the arm and took him out—Louis first took up one thing and then another, and began to play again—Rosa fainted again, and had some more rum; they all had some; they drank half a bottle—the value of the goods they selected on the 9th was about 160l.—they then said that they should require some diamonds, and some fine gold chains, and a lot of other things which I had not got in stock—they left my shop about half-past 6, Jacob saying that he would come next morning, when the invoice was to be made out, properly numbered, and pay for them and take them away—they said that they were going to stay in Oxford four weeks—they all left together, and Louis returned within two minutes and wanted to buy an opera glass apart from his father-in-law—while he was there Jacob came back and said something to him in German—he made a great to do and they both went away; they did not take the glass—after they had gone I missed a diamond ring which had been among the articles I had shown them, and after I had had my dinner I went to Solomon's to ask him if he would tell me where they lived, as they had told me that they had bought things of him—I went to the railway station and made farther inquiries, but could not find them till I saw them in custody—I examined my stock minutely on the Saturday, which is a busy day, and again on Monday—I missed six antique forks, six double thread fiddle spoons, ten pearls, eleven seals, a chain and other articles—this (produced) is a ring which I took in exchange from them—this gold chain, pencil case, and ring, are mine; but I had not missed them till I saw them—I then went through my stock and missed eleven seals from the bunch of twelve—a dialogue had passed between us respecting the seals; they had the mark of a horse shoe, which is good luck, and I explained to the prisoners what good luck means—I must have thrown the bunch into the tray; they came from the same tray as the pencil case.
Cross-examined by MR. LILLEY. Q. Do you recall the day in August when you first saw them? A. The day before Oxford races, which I think is the 27th, but there are two days races—to the best of my knowledge it was the elder prisoner and the daughter-in-law who came the second time; nothing was done the first time, only a little conversation passed as to what the brother would do when he came from Australia—it was about 4 o'clock when they came on the 9th—I know Mrs. Evans—I do not know the name of the street where she lives—I went there by myself through the information of a policeman—it is the first street on the left beyond Worcester college, and the second house down—it is not a respectable part of the city; it is known as Jericho—I have lived eighteen years in Oxford, but never had occasion to go into that street before—I had never seen Mrs. Evans before—I have not made any inquiries about her; she
appeared respectable—Mr. Solomons lives in the Corn-market about a dozen doors from me—mine is a large shop and well stocked—my sister was in and out of the shop; she went to fetch some water to mix with the rum when Rosa asked for it—I told Mrs. Evans that they had robbed me and mentioned a diamond ring—I do not think Rosa went into my back room after the tray was moved in there—the amount of foreign money, exchanged was I think, 16l. or perhaps more—I buy my jewellery of the manufacturers, but I make several short chains—the seals were all alike in pattern and cutting and were all strung upon a hoop ring, but the stones were various in colour—this (produced) is the jewellery they exchanged with me—they spoke very good English.
Cross-examined by MR. COOPER. Q. Did they put down the articles you exchanged with them directly? A. Yes; I believe they had a quantity of it—the articles remained in a piece of paper as I had taken them—I did not put them down in writing, but I made a bill of the articles I had sold them in exchange—I have not taken stock within the last two or three years—a great many customers come to my shop on Saturdays, and they select from a great number of articles; it is market-day—this is not a common chain; they are not sold by the manufacturer in long lengths—they are made by the chain in these lengths, and I am particular in my patterns—I know that Germans are very fond of music.
MR. BEST. Q. Was this chain made according to your directions? A. Yes; it was made for me—I cut it—there is the mark of my round punch on it, to make a hole to pass a jump ring through—this ring also bears my mark; it is the only one I had.
HENRY BARRETT (Policeman, L, 16). On 22d September, at noon, I apprehended Jacob and Rosa together in the Borough-road on another charge, and found on them a quantity of jewellery—this chain and pencil-case I found on Jacob, and this ring on Rosa's fingers.
Cross-examined by MR. LILLEY. Q. Had Jacob a sum of money? A. Yes; 57l. odd, and Rosa had 29l.
GEORGE BARR . I took Louis Levy on 23d September, in Horsemonger-lane-gaol—I had seen him at Tower-street police-station before that day; he came there in company with two others—a gentleman who was with him enquired for the two Levy's who were taken up the previous day—Louis tried to describe where they were taken up, and said that he was in their company—they stayed five minutes; I followed them, and took Louis in custody; took him back to the gaol, searched him, and found a great number of things among which was this seal—I gave it to Barrett.
Cross-examined by MR. COOPER. Q. Did he walk to the gaol, and you follow behind? A. He went in a cab, and I fetched Mr. Mansell, and followed him in another cab—after he had alighted we went in, and I showed him to Mr. Mansell, who identified him—I found on him a great deal of English and foreign money; there might be 40l., but I would not attempt to say exactly—also nine rings, a gold watch and chain, a pencil case, and a number of articles.
Witnesses for the Defence.
MARY EVANS . I am the wife of Thomas Evans, a bootmaker, and live at 2, Worcester-place, Oxford, near Worcester-college—we have been married fourteen years, and have been living there ever since—in August last, the prisoners came to our house; I think it was on Friday the 19th—they took apartments there, all three of them—they continued there just three weeks—the female prisoner and the elder prisoner took the lodgings—they spoke
very poor English; I could hardly understand them—they did not say anything about the time they were likely to remain; they said it might be a week, or two, or three weeks, or it might be longer; they could not tell any fixed time—they brought beds and bedding for their use, and used their own plate—they each of them had gold watches and rings at the time of their arrival, and chains belonging to their watches—I saw them with English money, and other money—they left on a Friday—they paid me every farthing that was due—they did not give me any notice that they were leaving; I only knew of it the day before—they walked away, and a fly took their luggage—I saw Mr. Wells about a week after they had left—he came and asked if I had had foreigners lodging at my house—I told him I had; he asked if I knew what they were—I said I believed they were gentle people, from their coming to their going away—he said, "I believe your house has been a refuge for a set of swindlers"—I said I did not know it, for they behaved themselves in a gentlemanly manner all the time they were at my house, and I asked if they had robbed him—he said he could not say that they had robbed him, or that they had not; but they had selected a lot of things of him, and some he had not got, and was obliged to get; and by that means he should be a loser of a good deal of money—he said some of the things were very expensive—I was subpoenaed at the Lambeth police-court on this case, but was not examined.
Cross-examined by MR. ROBINSON. Q. Who told you to go to the police-court? A. Mr. Neale, the solicitor—Worcester-place is in Jericho—it is not exactly in what is called Jericho—it is a very respectable place; there are respectable people living in Jericho, as well as anywhere else—they told me the day before they left that they were going away—they did not tell me any particular hour, and I did not enquire—my house consists of seven rooms; four of them are bedrooms—they took two furnished rooms, and had the use of a third—the lady saw to her own cooking—they had one sitting room, and one bedroom—they slept in both rooms—there were two beds—the old gentleman slept by himself, and the man and his wife by themselves—by the man and his wife I mean the younger male prisoner and the female—they represented themselves as man and wife; and the elder prisoner was represented as the father of the young woman—they paid me 10s. a week—they told me they had just come from Hull—they went away between 5 and 6 on Friday—their things were not packed up long before that; they were packed in the afternoon; I can't say how long Wore they left, for I was not in the room to see—I can't say what railway-station they went to—I did not follow them—I did not hear them say where they were going.
MR. LILLEY. Q. There is a chain there; did you see either of the prisoners wearing that? A. I saw that, or one like it, in a little box—I did not take it out of the box—that was some days before they went away; it was on the table.
LOUIS SOLOMON . I am a jeweller in the corn-market, Oxford—I have seen the prisoners at my shop very often—they came, perhaps, once or twice a week—they had some gold chains, and asked if I would buy them—I said I did not care about it—I never saw this gold chain (looking at the one produced); they had a good many chains—I cannot say what day it was—I cannot fix the date at all; I never took any notice—I have no idea whether it was before or after Oxford races, or whether it was in August or September—I have no idea how long it was since I saw them last—they too bad some foreign money, dollars, but I told them I did not care about
buying them—they saw a watch at my place, and the old man said he should like to have it—I did not see this ring in the possession of either of the prisoners; I am quite certain of that.
MR. ROBINSON here stated that as the prosecution were satisfied that the female prisoner was the wife of Louis Levy, he would, with the permission of the Court, withdraw from the case with respect to her.
— Confined Two Years each. [Guilty: See original trial image.]
ROSA LEVY— NOT GUILTY .
MESSRS. ROBINSON and BEST conducted the Prosecution.
FRANCOIS TISSOTT . I am a watch manufacturer, of 1, Red-lion-street, Holborn—on 27th October, about 11 in the morning, the prisoners came to my shop—Jacob said that he had come from Australia, and wanted goods to a large amount—they stayed half an hour, and selected five or six dozen of gold and silver watches—Jacob said that he would come next day, pay for them, and take them away—they then left, and about five minutes afterwards, I missed three of the watches—these are them (produced).
Cross-examined by MR. LILLEY. Q. What countryman are you? A. Swiss—I showed them some of the paper boxes in which watches are sent from Geneva to this country—I import perhaps two or three thousand watches from Switzerland yearly, all from one maker, but of different patterns—I had eighteen of this pattern, and I think I have sold twelve—there were two other customers in the shop at the time, but not at the same part—my mistress served them.
MR. ROBINSON. Q. Who is the manufacturer in Switzerland? A. My father; I have been there with him, and can swear to his manufacture—there is no mark of mine on it, but this is the same number as a watch I showed the prisoner—I never sold a watch of this pattern with the same number.
MR. LILLEY. Tell me the number of the three watches you missed. A. I think 2,580 or 81; I swear they were eighty something—they were all between 2,580 and 2,590—this watch is No. 2,584.
JACOB— GUILTY .— Confined One Year more.
ROSA— NOT GUILTY .
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
DANIEL SPALDIND CANNON . I am a tobacco manufacturer, of 98, Mint-street, Whitechapel—I trade under the name of Cannon and Co.—at the commencement of July the prisoner was in my service; I was to pay him 5l. per cent, on all orders he obtained—it was his duty to get orders for me, to take the goods out, receive the money when the goods were delivered, and account for the money to me when he came home—on 4th August, he brought me a verbal order from Mr. Arnold, of the Robin Hood tavern, for 6 boxes of
cigars—I directed my foreman to give him the cigars, and on the following day, or the day after, he gave me this receipt—(Read: "98, Royal Mint Street, August 4, 1859. To Mr. Arnold, Robin Hood Tavern, High Holborn. Please receive, per favour of Mr. Broughton, 6 boxes Havannahs, from O. E. Cannon and Co. Received by J. Arnold")—I made that out, except the signature—the amount would be about 3l. 15s.—the prisoner never accounted to me for any money—on the 6th, he said he had got an order from Mr. Bennett, of Parrock-street, Gravesend, for four boxes of cigars—I gave them to him with this note, which was then unsigned—(Read: "98, Royal Mint Street. To Mr. Bennett, Parrock Street, Gravesend. Please receive by favour of Mr. Broughton, 4 boxes of cigars. Received, W. Bennett")—the amount is 2l. 2s.—he paid me nothing—on 13th August, he said that Mr. Bokes, of the White Hart, Strand, wanted six pounds of cigars—I gave them to him with this delivery note unsigned—he brought it back next day or the day after; the amount was 3l. 8s.—Read: "13th August, 1859. Mr. Bokes, White Hart, Strand. Received per favour of Mr. Broughton, 6 lbs. of cigars in box. Received, M. Bokes").
Cross-examined by MR. COOPER. Q. When did the prisoner first come to you? A. He was introduced to me only a few days before this transaction by a party named Wilson, but I had met him occasionally when he was travelling for a house about a month previous—he came to me; I did not send for him—our agreement was not that he was to have 5l. per cent., to be answerable for all bad debts, and that everything was to be placed to his credit—I recollect his taking a box of cigars to Mr. Howard—I do not know that cigars were sold to Mr. Swan, of Thanet-place; it was a box of foreign cigars; they were to be charged 2l. 2s.—they were not to be submitted to the Hon. Mr. Howard for 1l. 15s.—the prisoner did not say to me, "Oh, these cigars were for Mr. Howard, but I sold them to Mr. Swan," nor did I say, "It is all right"—he paid me two guineas, and did not say who they were sold to—the invoice went with them—I have got my books here—I credited the cigars on 5th August to Mr. Howard—I have an entry on 25th July to Mr. Howard—the entry of six pounds of Havannahs, 2l. 16s. is to Mr. Arnold—this is a book which I supplied the prisoner with; I was in the habit of looking at it—I made these entries, and gave them to the prisoner in the book—he was answerable for all the goods put in it, unless it was a bad debt; I should have been answerable for that—if Mr. Arnold had not paid him, I should not have looked to the prisoner for payment—he was to be paid his 5l. per cent, when the account was settled—I have advanced him nearly 8l.—he has not increased my business at all since he has been with me—before he introduced Mr. Bennett and Mr. Arnold, and Mr. Bokes, I knew their houses by name to be respectable houses—it was within a day or two of my charging him with obtaining goods by false pretences that he brought me back the receipts—I told him in the beginning of September, that I wished the accounts to be settled, as they were considerably over due; I accused him at the commencement of October, and he said that times were very bad, and he never was so unfortunate in getting money in before; that people were continually putting him off—towards the end of the month, I spoke to him again, and he told me some story about having come into some property, and I need not be at all alarmed, as he would give me a cheque for the whole amount—he was with me three months—he did not employ deputies to get commissions for me—I never heard that he employed a person named Lawrence; I never heard the name—I never heard him mention the name of Van Tovey—he had no conveyance
supplied by me, nor did he, to my knowledge, go out in a carriage to get customers.
MR. METCALFE. Q. You say he introduced these people; was there any other transaction with Arnold or Bokes except this? A. No; they were new customers to me.
JAMES ARNOLD . I keep the Robin Hood public-house in High Holborn—I never gave any order to the prisoner for cigars or tobacco—this is not my signature—I never authorised any one to sign it for me—I never received any cigars.
Cross-examined. Q. Do you know the prisoner? A. No—this is not at all like my signature—I did not know Mr. Cannon.
HENRY RICHARD BENNETT . I keep the Swan public-house, in Parrock-street, Gravesend—I did not give the prisoner any order for cigars for Mr. Cannon—I do not know the prisoner at all—I never received any cigars from him—this is not my signature to this note—I know nothing at all about the transaction.
Cross-examined. Q. Do you know Mr. Cannon? A. No—this is not at all like my signature—there are two other Mr. Bennetts at Gravesend, but they are my brothers.
JOHN BOKES . I keep the White Hart, in the Strand—I never gave the prisoner any orders for cigars—I have seen him come into my house occasionally—I did not receive any cigars from him—this is not my signature, nor was it written by my authority.
The prisoner received a good character.— GUILTY .— Confined Eighteen Months.
There were other indictments against the prisoner, and the prosecutor stated that he had been a loser to the extent of 150l.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
NEW COURT.—Monday, November 28th, 1859.
PRESENT—Mr. Ald. MECHI; Mr. Ald. ABBISS; MR. COMMON SERJEANT, and ROBERT MALCOLM KERR, ESQ.
Before Mr. Common Serjeant and the Fifth Jury.
MR. SHARPE conducted the Prosecution.
JANE MASLIN . I know the prisoner—I was a lodger at her house for three months at one time—she lived at 5, Hosier-lane, Smithfield—Mrs. Holt lodges in her house—on 24th September, about 11 o'clock at night Mrs. Holt and I went to market, and she asked me to go up stairs with her—I was going, and the prisoner came behind me and took hold of my dress with both her hands and said, "You old so-and-so, you shan't go up-stairs"—she pulled me, and there was no rail, and I was pulled backwards down
the steps, on my head and my side—I was then insensible for a minute or two, and when I came to I found myself outside the side door, and standing against the wall and my left arm was broken—I went to St. Bartholomew's Hospital as fast as I could, and had my arm set—I have been to the hospital twice a week ever since—my arm is very bad now—I am a widow and have to get my living by my work—I have not been able to do a stitch of work since—the prisoner had a very bad feeling against me through a man that she lives with—he is a married man—she has a family of children by him and a family by her husband.
Prisoner. Q. You was quite tipsy? A. No, I was quite sober.
COURT. Q. You lodged there three months? A. Yes—that is three years ago, and she lived with another man—I had not reproached her with that.
SARAH HOLT . I live in the same house with the prisoner—I have the top room—on 24th September the prosecutrix called on me for the purpose of going to market—I went with her and returned when she returned—she was perfectly sober—she only had half a pint of porter and a drop of water—when we went up the stairs Mrs. Miller came out and said, "You shan't go up," and she took her dress and pulled her down—she fell backwards, and a man came out of the kitchen and picked her up—I went up stairs and emptied my apron, and when I came down she was gone—I went to her house and she was gone to the hospital—I went and undressed her and dressed her for a fortnight—she fell down about six steps.
Prisoner, Q. Did you see me pull her down? A. I did.
COURT. Q. Was there anybody else who could have pulled her down? A. No—she was not so drunk that she could have fallen down.
RICHARD OLIVER . I was house-surgeon at Bartholomew's Hospital—on 24th September, on Saturday evening, the prosecutrix was brought there—she was perfectly sober—I examined her arm—one of the bones of the lower arm was broken—I set it—I can't say how many times she has been there—she comes regularly twice a week—it is not possible for her to work with her arm in this state—I can't say when she will be able—I have not seen her lately.
The prisoner called
CHARLES BARKER . I was at the prisoner's house on that Saturday evening—I went there about 9 o'clock—I saw the prosecutrix fall down stairs and Mrs. Miller was at the foot of the stairs—I was at the side-door—Mrs. Miller was at the foot of the stairs when she fell—I picked the woman up—I heard her fall, and I ran out.
GUILTY on the second count.— Confined One Month.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Twelve Months.
OLD COURT.—Tuesday, November 29th, 1859.
PRESENT—Mr. Ald. HUMPHERY; MR. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder and the Second Jury.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
SOPHIA JANE LOGAN . I am the wife of Mr. Walter Logan—in October last he was in Boulogne—I received this cheque (produced) on his account from Sir William Maxwell on the 11th October—I gave it to the prisoner on 19th at 14, Chapel-place, Vere-street, Oxford-street—I told him my husband had written to request that he would place it in the bank to his account—as far as I can recollect he said, "I will attend to it," or something to that effect—nothing further took place—he took the cheque—(This cheque was for 30l., dated October 11th, 1859, drawn by William Maxwell on the Commercial Bank, Edinburgh, payable to bearer at Messrs. Jones, Loyd and Co. Lothbury.)
ALFRED HARVEST COULSON . I am cashier to Messrs. Jones, Loyd and Co., bankers—Sir William Maxwell keeps an account there—on 20th October this cheque was presented over the counter and cashed—I gave five 5l. notes and cash—I can't say positively to whom I paid it.
WALTER LOGAN . I am a West India merchant, and carry on business at Lime-street, city—on 11th September I went out of town and remained out until 27th October—the prisoner was in my employment as a clerk—I had no other clerk or any other person at the office—when I left London I merely left him in charge to forward me the letters he received, and to let me know who called, and what was going on in the business—he wrote to me from time to time—this letter (produced), dated 21st October, is in the prisoner's handwriting—I received this on the following day, the 22nd—this postscript is also his writing—(Read: "P.S. The 30l. cheque received from Mrs. Logan I duly received and paid into the bank")—I received that by post—before I left London there was a bill for 130l. coming due on 23d September, drawn by Messrs. Blogg and Martin and accepted by me; this is it—it was payable at 1, Lime-street; my place of business—before I left London I had arranged with Mr. Martin that they should pay the bill; I paid the half of it, 65l., to Mr. Stevenson of Blogg and Martin's, and I gave my acceptance for the other 65l.—it was to be renewed for six months—it was arranged that when the 130l. bill became due, Blogg and Martin were to send the money to my office—I think that was arranged about 10th September, the day previous to my leaving London—I told the prisoner that Blogg and Martin would send 130l. the following day, the 23d, to retire the bill—he knew that it was to be presented at my office, and I told him he would receive the amount of Blogg and Martin on the 23d to pay it—on the afternoon of 26th October I received this letter from the prisoner—I was then at Boulogne—Part of this letter was read as follows: "I have now to call your attention to a matter of the greatest importance to myself, which causes me
great anxiety. You will no doubt remember that when you left London you told me that the said gentlemen (Blogg and Martin) would furnish me with the means to retire their bill for 130l. which fell due on 23rd September, on which day they handed me 65l. without any explanation whatever; and upon observing your entry in my diary, viz. "65l. renewed for three months from date," I naturally concluded that some error had occurred, and that they had retained for some purpose 65l. and retained the bill themselves, as it was not presented here to my knowledge. I paid the amount, less a small deduction which I made on my own account, in to the Bank of England to your credit, for safety—on the following day a person (Mr. Stevenson) called here and told me that the bill had been returned to them unpaid, and that they had given their cheque for the amount, and requested me to return them the 65l. they paid me on the previous day. I gave him a cheque, signed as I sign the letters; I wrote "per pro Logan brothers, H. Leach." Some time afterwards he called and told me the cheque had been refused payment; I then paid him 65l. in cash, of my own money, and he gave me a receipt for it, which receipt is of course in my possession; but to my utter astonishment I received a note the latter end of last week, addressed to you, from Blogg and Martin, and which, as usual, I opened and found that from the purport of its contents that their clerk had misrepresented the circumstances of the transaction to them, and totally ignored the fact of my returning the 65l. to him; I shall therefore leave you to judge the effect this produced upon me. I immediately took the advice of a friend, who advised me to consult a solicitor upon the matter. I did so, and he wished me to send a copy of said letter to you and retain the original which I have now to hand you. I called this morning, in company with my solicitor, and saw Mr. Martin, and Stevenson positively denies having received the 65l. from me, except by cheque. At Mr. Martin's request I gave him your address, and he will doubtless communicate with you concerning the matter."—I left Boulogne the morning after receiving that letter and came to London—I did not go to my office but went direct to Blogg and Martin—I went to my office next morning, the 28th, and saw the prisoner—I told him that I had come over to inquire about this transaction with Blogg and Martin, the 65l.—he told me that he held a receipt for the amount, that he had paid them 65l. on my account, and he held a receipt for the amount—he did not show me the receipt—nothing else occurred for a day or two, when I went again to Blogg and Martin to converse with them on the matter, and make myself perfectly acquainted with the transaction—I told the prisoner that I had spoken to Mr. Stevenson on the matter and that he had denied altogether having received the 65l.—the prisoner still persisted that he held the receipt—a day or two afterwards I had a conversation with him about the 30l. cheque; that was at my office—I asked him if he had paid it into the Bank of England—he said no, but he would make it all right with me; that he would take care to repay me the amount—I said "Very well, I shall see about that"—I had not at that time ascertained that the 30l. had not been paid in to my account—I did not send for my passbook fur a day or two afterwards, when I did, I found that no such sum had been paid in; I have the pass-book here to prove it; no credit is given to me for that amount—I did not say anything to him then, because I wished to let it stand over for a day or two until I had examined into the account, to see if it had been allowed in any other way—I had some conversation with him about the 30l. a day or two, afterwards; he said that he was very desirous to repay the amount, and he would see Mr. Williams, a friend of his,
and would get the money from him to repay it—nothing further took place until I gave him in charge to a policeman—before I gave him in charge he had said that he kept the 30l. back, as he had made an advance of 65l. on my account—I think he said that a few days after I came over from Boulogne—he repeatedly said that—I had not learnt from the prisoner before I came over on the 27th October that this money had not been paid in to my bankers—I continually received letters from him, generally every two or three days—his wages were 18s. a week.
Cross-examined by MR. METCALFE (with MR. LEWIS). Q. What do you mean by receiving letters every two or three days? A. During the time I was absent he wrote to me, until I came over—it is one day's post—I do not think I received any letter between the 21st and 25th—(The following letter was here put in and read: "To Mr. Logan. London, October 20th, 1859 Sir, on the 23d of last month we handed your clerk 65l. towards your acceptance of 130l. due on that day, for which we should have sent the whole amount as arranged with you but through the amount having been entered by our cashier to the smaller amount in his diary. The bill was returned on the 24th unpaid. When we gave our cheque for the full amount, and made application to your clerk for the 65l. to be returned to us, his reply was that the bill had not been presented at the office. This was in reply to our telling him that he should have brought it to us and made some inquiry about it, as he acknowledged he knew he had to receive the whole amount from us; and he gave us a cheque for it on the Bank of England; upon presenting which it was refused payment, the bank not having his signature. We then requested him to send a cheque to you for your signature, which he said he did at once, and has been daily expecting to hear from you or to see you back. We cannot think that you are treating this matter in the manner you ought to have done, in as much as it was done for your accommodation, and you should have at once returned the cheque signed, to reimburse us for our cash; we therefore beg you will immediately on receipt of the present send us the amount. We are, sir, yours obediently, Blogg and Martin.")—the prisoner told me he would repay me the 30l. before he told me he was retaining it for the 65l.—he said that, either on the 28th or 29th, I am not certain which—there was no one present at the conversation—I had not seen the pass-book at that time; I don't remember Mr. Williams being present; he was present on one occasion, I think about the 28th, 29th, or 30th—it was a day or two after I had seen the prisoner—I can't say the exact day, perhaps it was the 29th—I first saw the prisoner alone—I am sure that I spoke to him about the 30l. before I saw the pass-book—I think I spoke to him before I saw Mr. Williams—I did not know that the 65l. had been advanced until I received Blogg and Martin's letter at Boulogne, dated the 20th, and which the prisoner sent to me in his own letter—the first time I saw the prisoner he told me he had paid 65l. to Mr. Stevenson and he held his receipt—I asked him where he got the 65l.—he told me that he had borrowed 100l. of Mr. Williams—Mr. Williams was present when that was stated and he confirmed it—I asked if he had any objection to show me the receipt for it—he said he would, but he never did—Mr. Williams is now bail for him in 400l.—I said at first that I should let Blogg and Martin bring the action for the 65l. and I would defend it—I afterwards said I should not defend it unless the prisoner's friends would guarantee the costs in any event, win or lose—I do not remember Mr. Williams saying that that was unreasonable, and he should not do it—he said he would see about it; he would inquire about it.
—I did not see Mr. Baugham, an attorney—Mr. Williams did not say that if I did not like to defend the honour of my office, he, on the part of the prisoner, would not have anything to do with it, that he did not see why the prisoner should fight my battles—they did refuse to guarantee the costs—I think I gave the prisoner into custody a day or two after that, on Saturday, the 5th—if my costs had been guaranteed I could not say that I should have fought the action; that depended upon circumstances—if Blogg and Martin brought an action against me for 60l. I expected the costs to be paid—I went over to the Continent to reside with my family—I was not at all pressed—the friends who had bills upon me, in consequence of a revolution in South America, very kindly offered to renew them until the end of the revolution—I had bills to pay, but they were always taken up—the prisoner in his letters to me called my attention to bills to be met and so on—it was an object to gain time—when I went away I left the prisoner just sufficient money to pay postage, perhaps 1l. or 30s., or something of that kind; I really can't remember—it was a small sum—it may have been 8s., 10s., or 15s.—he was to let me know how the business was going on, and what persons called—I left him to attend to the business—he was to manage and attend to it and let me know what was going forward from time to time—the business is foreign business—it did not consist of renewing bills; but goods sent out to foreign countries—they were to be obtained from a variety of persons, correspondents—he had nothing to do with that—there was no business going on at that time, merely receiving letters, answering them, and writing over to me according to my directions—he was not to open all the letters, only a certain portion, not any foreign letters, merely those he thought of no consequence—he was to open English letters now and then—he had no authority from me to open the letter sent by Blogg and Martin; he ought not to have opened it—he was not to open foreign letters, but certain English letters, according to his own judgment—I left it entirely to himself, either to open them or send them on to me—I do not complain of his opening that letter—I did not say anything to him about that—before I went to Boulogne I was living at Eastburnham Grove—I did not return there; I gave it up when I went to Boulogne—I took my family with me—when my wife returned she did not go back to our house; she went into lodgings—the house was let—the prisoner's salary was 18s. a week—he commenced at 14s., and it was increased to 18s.—the salary was paid regularly up to a certain period—on 16th October I remitted to him 1l. 16s. for two weeks' salary—I have a memorandum of it in my cheque-book—I remitted it from Boulogne—there was nothing due to him at that time—I had my cheque book with me—I sent him a cheque out of which he was to retain 1l. 16s.—there was not as much as 20l. due to him for money advanced and for wages—I had been away for ten weeks—I had sent him over various cheques—I do not remember sending him any other cheque for salary except the one for 1l. 16s., but I think I did—I considered that on 16th October his salary was paid up to that date—the other eight weeks' salary had been paid previously to that—when he wanted money he had nothing to do but to write to me and say so—he did not write to me—I wrote over and asked him if he wished me to send him any money for his salary—he said it was of no consequence, and I sent him this cheque of 1l. 16s.—I don't think I had sent him any previous to 16th October—I left England on 11th September—up to 16th October I remitted him 1l. 16s.—I wrote to ask him to let me know if I owed him any money—I sent him over 15l. to pay into the bank; he did pay it in—he paid in 60l. out of the
65l.; he kept 5l. for his own purposes—that was on the 23d, the same day that the hill was dishonoured—I have repaid a part of that 60l. to Blogg and Martin—I paid 20l.—I have still 40l. which does not belong to me but to Blogg and Martin—the prisoner has had a great deal of money to pay into the bank for me at different times—on the very day that Mrs. Logan gave him the 30l. cheque, he gave her 5l. remitted by me; that was for her expenses—Messrs. Blogg and Martin and myself are paying the expenses of this prosecution—it is conducted by Blogg and Martin's attorneys, Messrs. Stevens and Satchell; the same gentlemen who applied to me for the repayment of the 65l.
MR. POLAND. Q. Before you went away had you given the prisoner any money for his salary in advance? A. No—the cheque I sent him on 16th October was for 5l., out of which he was to keep 1l. 16s. for two weeks' salary—the revolution in South America interfered very much with my business, and prevented remittances coming forward—it almost put a complete stop to business—I think I sent the prisoner a small sum from Boulogne for petty cash—I am not very sure whether I sent him any from Boulogne or not—I told him when he wanted anything for petty cash to let me know and I would send it over to him—it is not true that 20l. was due to him for money that he had laid out for me—he did not make any claim upon me for 20l. on my return from Boulogne, nor for any amount at all.
COURT. Q. Has there been any settlement of accounts between you? A. None whatever—he has not made any claim upon me for money advanced, except this 65l.
THOMAS STEVENSON . I am principal clerk to Messrs. Blogg and Martin, diamond merchants, in Bucklersbury—I have been in their employment nearly 17 years—I remember the transaction with reference to this 130l. bill—I first saw the prisoner upon the matter on 24th September, at the office of his employer, Mr. Logan, 1, Lime-street square—I presented the bill to him; it had been returned to us as the drawers, and we paid it—I gave a cheque for it myself—I asked the prisoner how it was that he allowed the bill to be returned; he said the bill had never been presented there—I told him it must have been presented through the bankers whose names were upon it, and likewise by the notary in the evening, as the ticket was attached to it—he still persisted that it had not been presented—I had the bill with me at the time with the notarial ticket attached, and presented it to him—I asked him if Mr. Logan had not, previous to his leaving, given him instructions that the bill would be presented on the 23d September; and, likewise, whether Mr. Logan had not told him that he had received the whole amount, 130l., from Blogg and Martin—his answer was that Mr. Logan had told him so previous to leaving—I then asked him how it was when he had only received 65l. that had been sent in error, that he did not come on at once to Blogg and Martin's to see how it was—he still said that the bill had not been presented; he gave no further reason—the 65l. had been sent to him on 23d September, the day before the bill was due—I then told the prisoner that, for Mr. Logan's honour, as there had been a mistake about the bill he had better go to the bankers and explain why it was that the bill had been returned, and that it was then taken up by us—I don't recollect his saying whether he would do so or not—I then said, as he had received the 65l. all he had to do was to hand me back that 65l., as I had now taken up the bill; in fact I had given 195l. for it, 65l. on the 23d and 130l. on the 24th—the 65l. I had sent him by a messenger the previous day—he replied that he could not do that, for he had paid the 65l. into the Bank of England,
but he would give me a cheque for it on the bank—he then took a cheque-book which was either lying before him or at the side of him, and he immediately wrote me a cheque signed, "Logan Brothers, per procuration, Henry Leach"—this is the cheque (produced)—he took the cheque book to do it, as if he was regularly authorised to sign it, and handed it to me—it is for 65l., dated 24th September—immediately that he gave me that cheque I gave him the 130l. bill, which, of course, he was entitled to, handing him back at the same time the receipt which he had given on 23d to our messenger, Richard Watts, for the 65l., and I wrote at that moment under the receipt, "Returned the above 65l., per procuration of Blogg and Martin. Thomas Stevenson"—this is a copy of it, which was afterwards taken in our office—this is the original—(Read: "1, Lime-street Square, 23d September, 1859. Received of Messrs. Blogg and Martin 65l. on account of Logan, Brothers, per procuration. Henry Leach. Returned the above 65l., per procuration of Blogg and Martin. Thomas Stevenson, 24th September, 1859")—that I wrote at the moment of receiving the 65l. cheque—nothing further took place at that interview—I took the cheque to the Bank of England to present it for payment on my road to Bucklersbury—it was not paid; the cashier attached a ticket to it stating that it was incorrectly signed—as near as I can recollect it must have been about 12, or a little after 12, when I called at the bank—I immediately returned to Mr. Logan's office, but did not find the prisoner there—the door was closed, and there was a ticket on the door, "Return at 1 o'clock"—I returned again but did not find him; the same ticket was on the door; that was between 12 and 1 o'clock—I was waiting about half or three-quarters of an hour—I went again just before 1 o'clock and stayed until perhaps a quarter past 1, and the prisoner did not come there—when I went the last time I found him there; he had come in—no, I beg your pardon, he was not there then—I did not see him there again on the Saturday—the ticket was still there, "Return at 1 o'clock"—I did not see him again till the following Monday the 26th—he then came to our office; but I should mention that on the Saturday afternoon after I had been there the last time, which was about a quarter past 1, I came back to Mr. Martin and reported to him what I had done; and later in the afternoon I sent on a messenger twice to Mr. Logan's office, but I did not see the prisoner again at all on that Saturday—he came to our office about the middle of the day on Monday and I saw him—Richard Watts and Charles Cooke were present—Cooke is a clerk in the office—Watts brought the prisoner round to my desk and I said to him—"I suppose you come about the cheque" he said that he had been to the Bank of England and he found that his signature was not authorised at the bank—I then, conformably to instructions I had received from Mr. Martin, told him to send a crossed cheque over to Mr. Logan by that night's post, with a request that he should return it against the cheque which had been dishonoured at the bank; that he promised to do and then left—I retained the cheque in my possession, not having a value for it—it was a verbal message that I sent by Watts on the Saturday—I have seen the letter dated 25th October, written by the prisoner to Mr. Logan—I positively swear that I never had the 65l. from the prisoner, and he knows it as well as I do—the only 65l. I received was by the dishonoured cheque on the Bank of England—I never received it in gold, or money, or in other way, I most positively swear.
JURY. Q. Have you ever received any cash at all from him? A. Never; I never saw him before the day this transaction took place.
MR. POLAND. Q. Did you write that letter that was sent on to the office to be forwarded to Mr. Logan? A. I wrote the letter of 20th September by Mr. Martin's instructions; this is it—I sent it to Mr. Logan's office by Watts; be brought it back, and I sent it again by Watts, and it was left there.
Cross-examined. Q. After the cheque was dishonoured at the Bank as you say, you went back first and then went again, and waited till a few minutes past 1? A. I did; I did not go there again during that day—I said at first that I did, and saw Mr. Leach; that was a slip—I positively swear that I did not see the prisoner—I made that slip because the case is so complicated; this is the first time I have been in a witness-box, and the questions rather confuse me—I positively swear that I never saw the prisoner on the Saturday alter a quarter past I—on 25th October, the prisoner came to our office with Mr. Williams and an attorney of the name of Baugham—they asked to see Mr. Martin; I presume it was on the subject of the cheque—Mr. Martin was occupied at the time—I might have said, "You had better see me"—they asked to see Mr. Martin—I said he was engaged—I brought him out to them; at least I did not, one of our gentlemen did; I was occupied—Leach accused me in Mr. Martin's presence with having received the 65l.—to the best of my belief his words were, "I paid Mr. Stevenson the 65l. and I hold his receipt for it"—I have no recollection of his saying, "When I gave him the 65l., I produced the receipt, and Stevenson wrote this on it at the time"—I said at that time that I had not seen him on the Saturday afternoon after the cheque was dishonoured—the message sent to him on the Saturday was a slip of paper put into the letter box to come on to Blogg and Martin, that there was something wrong about the cheque—he came on Monday by himself—when he came with Mr. Williams and the attorney, and the receipt was produced, I might perhaps in the excitement of the moment have said, "I will keep that"—but the words as far as my knowledge and belief goes, were, "We must have a copy of that"—to the best of my knowledge and belief I did not say, "I will keep that"—I will not swear I did not; I might have done so—I was excited by such a dastardly accusation made upon my character; if I did say so, that must be my excuse—Mr. Martin said, "I believe we had better have a copy," and a copy was given—I did not go to the prosecutor's office between 24th September and 20th October in quest of the prisoner—the first time I heard that the prisoner had said that he had paid me the 65l. was on 25th October, when he came with Mr. Williams and the solicitor to accuse me before Mr. Martin—I had entered 65l. to be sent on instead of 130l. in our books originally.
Q. Can you explain why it was, if this receipt was written at the time the cheque was given, that you put instead of "returned the cheque" or anything respecting the cheque, "returned the above 65l?" A. That was the mistake that has caused this accusation against me—had I said, "by cheque" upon the receipt, it never could have happened—I considered I was dealing with an honourable man—that refers to the cheque and to that alone, because I attached it simultaneously with receiving the cheque—it is very common not to put "by cheque" when you receive a cheque; a very common practice indeed.
MR. POLAND. Q. You say you did not yourself go to Mr. Logan's office after 24th September? A. No; but I sent continually—I sent Watts
with messages—I never received the crossed cheque—I mentioned this matter repeatedly from time to time to Mr. Martin.
RICHARD WATTS . I am a messenger in the employment of Blogg and Martin—on 23d September, I went to Mr. Logan's office—I saw the prisoner and gave him 65l.; it was in notes—I told him I had brought the money on for the bill, and he gave me a receipt; this is it—I brought it back to the office, and gave it to our Mr. Stevenson—on the following day, Saturday, Mr. Stevenson spoke to me somewhere about 1 o'clock, in the middle of the day—in consequence of what he said I went to Mr. Logan's office with a message—I did not see the prisoner—there was a ticket on the door, "Return at 1 o'clock"—I went again that afternoon, but did not find him—I wrote on a slip of paper that he was to come on to our office, as there was some irregularity in the signing of the cheque, and I put that slip of paper into the letter-box—it was merely on a piece of envelope which I tore off—I think that was between 2 and 3 o'clock—I did not see the prisoner at all that Saturday—on the following Monday, the 26th, he came to Messrs. Blogg and Martin's—I took him round to Mr. Stevenson—I believe he merely said "Good morning" when he first came, and I took him round to Mr. Stevenson at once—that was in the counting-house—Mr. Cooke was sitting opposite—Mr. Stevenson requested the prisoner to send a cheque over to Mr. Logan for his signature, and to return it to us, as Mr. Leach had been to the Bank of England about the cheque, and his signature was not authorised—he said he would do so—nothing more took place—between that time and the latter end of October I was sent several times to Mr. Logan's office—I saw the prisoner on one occasion, and requested him to send the cheque over to Mr. Logan, and to return it to us, as we wished the affair settled, and he promised to do so—I think that was two or three days after the 26th—sometimes when I went he was there, and sometimes he was not—I went on afterwards to see if the cheque had been returned to him—I saw him several times—I asked him if he had received the cheque from Mr. Logan—he said, "No;" he had not heard from him; he was expecting to do so every day.
JURY. Q. Did you go between the 26th and the 29th? A. I believe I did.
MR. POLAND. Q. On the 20th October, do you remember receiving a letter from Mr. Stevenson to take to the office? A. Yes; I took it—I saw the prisoner the first time that I went that day—I asked him if Mr. Logan had returned, or if he had received a letter from Mr. Logan—he said, "No;" Mr. Logan would return the day after to-morrow, about 3 o'clock in the afternoon, and I said I would come on and see him—I did not show him the letter that I brought then—I returned to the office and communicated the circumstance to the firm—I then took the letter on later in the day, and put it into the box—I had said nothing to the prisoner about forwarding that letter to Mr. Logan.
Cross-examined. Q. You were not called before the Magistrate? A. No.
CHARLES COOKE . I am a clerk in the service of Blogg and Martin—on Monday, 26th September, the defendant came to our office—I was sitting in the counting-house at the time—he said that he had been to the bank, and found that Mr. Logan had not authorised his signature—Mr. Stevenson then proposed that he should send a crossed cheque for the amount to Mr. Logan, which he promised to do—I heard nothing further.
gave the 65l. to Watts to take to the prisoner—the cheque for it was put for my signature—Stevenson frequently talked to me about this matter, from time to time, after 26th September—on 20th October he wrote a letter by my direction—I do not remember whether I signed it—we were told that Mr. Logan was to return to London a day later, and that letter was sent to meet him on his return to London, feeling that he had neglected to repay the 65l. which he ought to have done.
Cross-examined. Q. Do you remember being present when the prisoner came with Mr. Williams and his solicitor about this matter? A. Yes; it was then openly discussed before me—the prisoner asserted that Stevenson had received the money, and Stevenson denied it—I cannot say that I remember Stevenson saying anything about his going there on the Saturday when the cheque was dishonoured—I do not remember very distinctly what passed—I know that Stevenson did go on the Saturday to receive the cheque, but he did not see the prisoner when he went back—I think he asserted, that after he had received the cheque from Leach he presented it at the Bank of England; that he then returned to Lime-street, and did not find Mr. Leach, and that he either went or sent later, and Mr. Leach came on the Monday—I think he did not say that he went back and saw Mr. Leach on the Saturday—Leach asserted that he did come back, and that he paid Mr. Stevenson—Stevenson asserted that he did not see Leach on Saturday, after the dishonouring of the cheque—that is my impression, but I cannot speak with great certainty—we were all rather excited—I would not undertake to swear that Stevenson did not say so, but I believe not—the receipt was produced at the time, and after some little difficulty, they consented to a copy being taken—I rather think that Stevenson, first of all, wanted the receipt—he said, "This belongs to us; we ought to have this."
MR. POLAND. Q. What was it he said about the receipt? A. I think, in the flurry of the moment, we considered the receipt was ours, as we had not had value for it—I do not remember the exact words he used, but I think it was, "This belongs to us," or "We ought to have this"—I think I suggested that a copy should be taken, upon which the solicitor answered, "Oh, but you must ask us if we will allow you to take a copy"—a copy was ultimately taken.
MR. METCALFE. Q. Have you received any portion of the 65l. from Mr. Logan? A. Yes; I think 20l. or 25l.
MR. POLAND to MR. LOGAN. Q. Did you leave your cheque-book with the prisoner? A. No; I did not; I had it with me—the cheque-book that he had was obtained from the bank—I did not find any cheque-book when I came back to the office—I searched the office, to see if there was any besides the one I had with me at Boulogne—I was not able to find any—I had not communicated to the prisoner my intention of returning on 21st October—all the papers were left at my office.
WILLIAM FABIAN . I am superintendent of the drawing-office in the Bank of England—I produce an order for a cheque-book, presented in September, 1859—there is a date on it, 24th September, but I cannot tell the day—it was not presented to me personally—I know that a cheque-book was delivered upon this order—(Read: "To the cashiers of the Bank of England: Please let the bearer have a stamped cheque-book for fifty leaves. 1, Lime-street-square. September, 1859. Logan, Brothers")—This cheque for 65l. came out of the book that was delivered that morning.
Cross-examined. Q. I believe a cheque-book for fifty leaves, is the smallest issued by the Bank? A. Yes.
MR. LOGAN (re-examined.) I solemnly swear that this order is a forgery of my name—it is the prisoner's handwriting—I did not authorise him or anybody to write it, or to obtain any cheque-book.
MR. METCALFE. Q. In the letter of the 25th October the prisoner states that he had given to Stevenson a cheque for the amount; did you say anything to him about that, or ask him how he got that cheque? A. No—I did not inquire how it was that he had a cheque to give him.
MR. METCALFE called
JAMES WILLAMS . I live at 26, Lower Phillimore-place, Kensington—I have known the prisoner thirteen years—his character has been most unimpeachable in every respect—I am his bail for 400l. and would be for 4,000l.
COURT. Q. Did you at any time lend him any money? A. I did; 100l. on the 27th of last August, I think it was—he was about to be married at that time to a lady of very considerable expectations.
Several other witnesses deposed to the prisoner's good character.
GUILTY .—Strongly recommended to mercy by the Jury in consideration of his youth, his good character, and the temptation thrown in his way. There were other indictments against the prisoner— Confined Eighteen Months.
MR. ROBINSON conducted the Prosecution.
FREDERICK KENNARD HEWETT . I am a clerk in the London joint stock Bank—on 15th October this order was produced to me; I believe not by the prisoner—Mr. Groom, whose name purports to be signed to it, had an account with us—in consequence of that request I gave a cheque-book to the person, and he signed the name of Roberts to our book—this is the cheque-book (produced.)
HENRY CHARLES GROOM . I am an insurance agent, 9, Lime-street—the prisoner was formerly in my service as clerk for about two years—he left me about four years ago—while he was with me I banked at the London Joint-stock Bank, as I do now—the prisoner was aware of that—he was in the habit of going to the bank for me—I never gave him or any one else authority to present this request—I do not know whose writing it is—it is different to the hand that the prisoner used to write while with me—I have never seen this cheque-book.
THOMAS BARTON . I am an advertising agent at 2, Upper Wellington-street, Strand—the prisoner has been in my service—he left in April, 1857—he was with me a little better than six months—I became acquainted with his handwriting during that time—this document, in my belief, is in his handwriting.
WILLIAM FRANKLIN (policeman, E 20.) On 8th November I went to Little George-street, Hampstead-road—I saw the prisoner come out of a house there—I followed and apprehended him—put him into a cab and got in myself—I ordered the cabman to drive to Bow-lane station—in going along Cheapside the cabman did not known the turning—I put out my head to direct him, and when I drew in my head again, I saw that the prisoner had lost his hat—I said to him "Where is your hat?" he hesitated a little and then said "Oh, it is of no consequence, it has fallen outside"—I said it might be of very great consequence, and I ordered the cabman to stop—at the same time I saw a gentleman pick up the hat; I called to him and he gave it to me—I looked at it and found this cap inside it—the prisoner said "Give me the cap"—I took it out to give it to him and found this cheque
book under the cap in the hat—I said, "Oh, here is a cheque-book," he said, "I know nothing about it, some one must have put it there"—it was right at the bottom of the hat under the cap.
MR. BARTON re-examined. I believe the writing on these counterfoils in this cheque-book to be all in the prisoner's hand.
Prisoner's Defence. It is all through prejudice that Mr. Barton has come up against me; it is three years since he saw any of my writing. I went to him after being with Mr. Groom, and I was with him as many years as I was months with Mr. Barton, and surely Mr. Groom must be better acquainted with my writing than Mr. Barton; and he says, it is nothing like my writing. Mr. Barton comes against me because I gave information of different swindling transactions, in which I had been compelled to assist him while in his employ.
MR. BARTON re-examined. The only difference I had with the prisoner was that I was a prosecutor against him some time ago.
MR. ROBINSON conducted the Prosecution.
HENRY SARSON . I am a vinegar merchant in the City-road—this is one of my cards (produced) that would be delivered to any person who came for it—I never saw the prisoner before—I did not authorise him or anybody else to write that note—I do not know the handwriting.
SAMUEL MOSS . I am assistant to Messrs. Moses and Son, of Oxford-street, tailors—the prisoner came to our shop on the night of 1st November—he presented to me this card—he tried on some clothes and said they were to be sent that evening to 11, Great Pulteney-street—they were taken by a porter, Joseph Bedboro'—he was to get the money 5l. 9s.—he shortly after returned and brought back a cheque for 5l. 8s. with this letter—we referred to the books and found we had no account—there was no shilling owing on an old account—the cheque was paid into our bankers.
JOSEPH BEDBORO' . I am porter to Messrs. Moses in Oxford-street—on the evening of 1st September I received from Moss a parcel—I took it to 11, Great Pulteney-street—I there saw the prisoner—he came to the door—I gave him the parcel and he gave me a cheque—he went and fetched it; he had not time to write it; it was ready prepared—I receipted the bill and gave it to him—the amount is 5l. 9s.—I mentioned that to him; he gave me this cheque; it is a cheque for 5l. 8s.—he gave me a letter with the cheque, it was written at the time—he said "Here is 1s. you owe Messrs. Sarson and Son on the last June account; that 1s. will make us straight"—he had the letter in one hand and the cheque in the other; he had not time to write it—I went back with it to my master.
THOMAS BARTON . I believe this cheque to be in the prisoner's handwriting and this letter also—I believe the writing on this card to be his—the cheque appears to have come out of this cheque-book, the number on the counterfoil is the same.
FREDERICK KENNARD HEWITT . I am a clerk in the London Joint-stock Bank—on 15th October this order for a cheque book was produced to me and I gave that cheque book for it—that cheque comes out of that book—this cheque must have been attached to this counterfoil.
the prisoner's hat gone—I said "Where is your hat"—a gentleman picked it up, and in it I found this cheque book.
Prisoner's Defence. I was sent with the order to Moses and Sons by some one that had worked for about two years—from 11, Great Pulteney-street.
GUILTY — Ten Years' Penal Servitude.
PLEADED GUILTY .— Confined Eight Months.
WILLIAM OLIVER GIRDLEY . On 24th November I was standing in one of the recesses on London Bridge—I felt a tug at my pocket—I looked down and saw the prisoner with my watch in his hand; he put it behind him and passed it to some one else—I got down and took him and he wrenched away from me—I said he had taken my watch—he said he had not, and he pointed to some one else who was running away, and said he had got it—I am quite sure I saw it in his hand—he got away from me—I saw him on London Bridge ten minutes afterwards; the policeman had him then.
EDWARD WEST . I am a shopkeeper in Devereaux-court, Strand—I was passing over London Bridge on the morning of 24th November—I saw the last witness scuffling with the prisoner—he had his arm round the prosecutor's neck and his other hand was in front of the prosecutor—but what he took from him I could not see—I am quite sure that the prisoner is the person who was scuffling with him—I saw him in custody about ten minutes afterwards.
WILLIAM CHARLES HOLBROOK . I am an artist's decorator, and live in Belvidere-road, Lambeth—I saw the prisoner run out of a recess on London-bridge—he ran straight towards Fish-street, right down the steps into Thames-street—I stopped him—he asked me what I wanted with him; I said he was the person who had stolen the watch he said he was not—I held him till a policeman came up and took him into custody.
GUILTY .— Confined Four Months.
NEW COURT, Tuesday, November 29th, 1859.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. MECHI; Mr. Ald. ABBISS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
DAVID MALEY PLEADED GUILTY .— Confined Nine Months.
No evidence was offered against CAROLINE MALEY.— NOT GUILTY .
MESSRS. ELLIS and BEST conducted the Prosecution.
WILLIAM GOWER . I produce a certificate of a previous conviction (Read: "At the General Quarter Sessions for Surrey, April, 1859, Benjamin Mortlock and Sarah Mortlock were convicted of uttering counterfeit coin. Confined Six Months")—I was present; the prisoner is the person there referred to.
WILLIAM STEBBING . I keep the Shakespeare public-house in Percival-street, Clerkenwell—on Wednesday, 26th October, the prisoner came to my bar about half-past 4 o'clock, with another female—the prisoner asked for a half-quartern of gin—she offered me a counterfeit shilling—I tried it and found that it bent—I told her it was bad; she said she did not know it—she said she had been to Mr. Pierpoint's, and he told her it was bad, and she did not think it was bad, and she came to try it.
Prisoner. Q. I told you at first that Mr. Pierpoint had refused it, and I wanted to know if it was bad? A. No; you never said a word till I bent the shilling, and asked you what you meant by offering it—Mr. Pierpoint came in at another door, and cautioned me.
WILLIAM DAIMOND (Policeman, G 175). I was fetched to the Shakespeare public-house, and the prisoner was given in custody by the last witness—I asked her where she got the shilling; she said she did not know—I asked if she had any more; she said, "No"—I took her to the station, and she was searched by a female—four half crowns, two sixpences, and fourpence in copper were found on her, all good—I asked her where she lived, and she said she had no home.
SARAH PHILLIS PIERPOINT . My father, Robert Pierpoint, keeps a public-house in St. John-street, Clerkenwell, about three minutes' walk from the Shakespeare—on 26th October, about half-past 4 o'clock, the prisoner came in with another woman—the prisoner called for a half-quartern of gin—she offered a counterfeit shilling—I tried it in the tester, and bent it almost double—I told her it was bad, and gave it her back—I had seen her before and recognised her again—she said she had just taken this shilling some-where, but she did not know where—the other woman paid for the gin—this is not the shilling that she gave me—I bent it so that she could not have straightened it again.
GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and COOK conducted the prosecution.
Brown came into my shop between 7 and 8 o'clock—another man, not scanes, came in after him, and after the other man was in scanes came in—that was not a minute after Brown had come in—Brown asked for two of the best cigars—I showed him two at 4d. a-piece—he said they were not the right sort, but he at last took two—he offered me in payment a half-sovereign—he put it on the cigar-case—I asked him if he had any smaller change; he said, "No"—I asked a friend of mine to give me change, or lend me sixpence, and I gave him change—scanes bad come in while I was showing Brown the cigars—when I had given Brown the change he went away; and as he turned to leave the shop scanes asked for half-an-ounce of tobacco—I served him, and he gave good money—I discovered that the half-sovereign was bad before scanes had left the shop, but after Brown had left—the other man asked for two cigars while I was serving Brown, and he was waiting to be served; and Brown said, "Serve that gentleman first;" and I did so, and he left the shop—I won't be sure that that was after Brown had laid down the half-sovereign, but he had had the cigars—I saw a person of the name of Sparrow; I showed him the half-sovereign, but I did not lose sight of it.
Brown. Q. When I first went to the station, you accused the policeman with being one of the persons in the shop? A. No; I did not—I said to the policeman, "You might have been in the shop;" but I could not say—he was buttoned up; and I said, "Unbutton your coat," and he did so, and I said he was not the man—Brown then unbuttoned his coat, and I said, "You are the man that gave it me"—I asked if you had any small change; you said you had a friend outside who would give you small change—I made no answer, but I borrowed a sixpence and gave you change.
COURT. Q. You found the half-sovereign was bad after Brown had left and before scanes had left? A. Yes—I said, "Here is a bad half-sovereign"—I said that loud enough to be heard by my friend in the parlour—scanes took no notice, but he walked out.
GEORGE PARROTT . I am a dyer—I live within five doors of Mrs. Wilcox—on 29th October I saw the prisoners, about half-past 7 o'clock in the evening—they were both together, and a third person was with them—I saw them walk up and down between my shop and Mrs. Wilcox's, and they were in deep conversation by Mrs. Wilcox's window for two or three minutes—I kept my eye on them, and I saw Brown go into the shop, and immediately afterwards scanes went in—I knew them by sight quite well—Brown went in first, and scanes next, not a minute afterwards—soon after-wards Brown came out; he ran past my shop as hard as he could run round the corner—I saw scanes come out next—I don't know whether the other man came out or not—when scanes came out he went in the same direction that Brown went.
Cross-examined by MR. T. ATKINSON. Q. Do you know where scanes lodged? A. I believe in Edward-square, Caledonian-road—there is a coffee-house there—I live within two or three doors of that place.
RICHARD LAMBERT , (Policeman, E 68). On 29th October I went to Mrs. Wilcox's shop—I received information, and went to Caledonian-road—I saw the two prisoners at the door of Williams's coffee shop, and a woman with them—I knew the prisoners before, and when I first saw them they were in company with the woman, and when they saw me, Brown, whose name is Johnson, walked into the shop—I followed him in, and told him I wanted him, he must come with me for passing a bad half-sovereign in Mortimer-street, Cavendish-square—he said, "That be d—d; I have not been there
to night, or to day"—and as soon as he got outside the shop he said, "This is a b—y fine thing"—I had left another constable outside, and we took the two prisoners together in a cab to the station, and on the way I was sitting on Brown's left hand—I saw him put his left hand under the cushion of the cab—after we had taken the prisoners out of the cab into the station I got a light, and I examined under the cushion of the cab, and I found this medal, which on one aide is like a half-sovereign, and on the other side is a crown.
Brown. Q. When I got in the cab, did I not ask you several times what we were wanted for? A. I had told you previously—I don't recollect that you asked me repeatedly in the cab—I will take my oath that you did not.
COURT. Q. When you got to the station what was said? A. I produced the medal—he said, "I know nothing at all about that"—I found on him a half-crown, two florins, three shillings, and one half-penny, all good money, and a knife.
GEORGE HOUSE , Policeman, E 46). I was with the last witness—I took scanes—I told him I wanted him for being in company with two others in passing a had half-sovereign in a tobacco shop in Mortimer-street, Cavendish-square—he said he knew nothing about it—he had not been in the shop or the street for the day.
Cross-examined. Q. Did you not say George street? A. No—Parrott was somewhere behind—he was not standing close by when I made the charge against scanes—I did not see him at the time—I did not make the charge in presence of any one else—there were two girls there, but they went away before I told him what it was for.
Brown's Defence. I went in the shop and gave the woman a half-sovereign; she asked me for change. I said I could get change outside; she would not give me the half-sovereign back; and there were three in the shop. Did it want three to pass a half-sovereign? One could have done that. It is a thing of daily occurrence to go in a shop and put money on a glass case; and really bad money is so common you can hardly tell it. I had taken the half-sovereign of a gentleman, I did not know it was bad.
BROWN— GUILTY .**— Confined Twelve Months.
SCANES.— NOT GUILTY .
MESSRS. ELLIS and COOK conducted the Prosecution.
MARIA PRATT . My husband keeps a beer-shop in Lower Chapman-street—some time before 26th October the prisoner came to our bar for a glass of half and half—it came to 1 1/2 d.; she gave me a sixpence—I gave her change, and she left—I put the sixpence in the till with seven shillings, but no other sixpence—not more than five minutes afterwards I discovered it was bad—I put it in the fire, and it melted immediately—on 26th October she came for a glass of half and half, the same as she had had before—it came to 1 1/2 d.; she gave me a shilling—I put it in the till with two half-crowns, and gave her change—I afterwards took the shilling out and found it was bad—I threw that in the fire—the prisoner came again on 29th October, about half-past 5 o'clock—I recognised her immediately—she asked for a glass of stout—it
came to 2d.—she gave me a half-crown—I tried it in the detector, and it was bad—I said, "This is a bad half-crown; you have come here once too often; I will give you in custody"—I said, "You were here on Wednesday"—she said, "Yes, and I gave you a good shilling"—I gave her in charge-she paid for the stout with four halfpence, and wanted me to give up the half-crown, but I would not.
Prisoner. I gave you a half-crown, and you opened the till, and put it in. Witness. No; it did not pass out of my hand till I gave it into the constables hand; I can positively swear that.
Prisoner. I am quite innocent. I acknowledge to the half-crown. I went for a glass of stout; I gave the half-crown; she said it was bad. I had 2 1/2 d. and I gave her the 2d. She charged me with giving her a shilling on the Wednesday; I am innocent of it.
GUILTY .— Confined Nine Months.
MR. COOKE conducted the Prosecution.
FRANCES THOMAS POTTER . I live at the British Lion in Hackney-road—on 23d October, I was assisting in the bar in the evening—the prisoner came in and asked for a glass of porter—it came to a penny—she gave me a counterfeit shilling—I called the landlord and gave it him—he told the prisoner it was bad—she was allowed to go, but he kept the shilling—he wrapped it in paper and put it under a glass—after the prisoner was taken, I took that shilling and marked it and gave it to the policeman—on 3d November, I was in the bar with Mr. Leary; he showed a half-crown and I saw the prisoner there—I recognised her—she was then charged with passing the half-crown and the shilling, and given in custody.
Prisoner. Q. Why did you not charge me with the shilling when you were at the Court in the morning? A. I did and I gave it to the constable the next morning—I never said that you gave me the half-crown.
MR. COOKE. Q. Were you in the bar when she gave the half-crown? A. No; I was in the bar-parlour.
EDWARD HENRY LEARY . I keep the British Lion, Hackney-road. On the evening of 23d October, the last witness showed me a bad shilling—I went to the prisoner and told her to walk off about her business and not to come any more—the shilling was put in a bit of paper and put in a glass—on 3d November I was in the bar—the prisoner came and asked for a glass of sixpenny ale; it came to 1 1/2 d.—she gave me a half-crown—I found it was bad—she said that a gentleman gave it her—I gave her in custody—she said that she lived in Haggerstone, but when she got to the station, she said in Brick-lane, Spitalfields.
DDMUND SCANLAN (Policeman, N 433). I produce this half-crown which I got from Mr. Leary, and this shilling from Mr. Potter—the prisoner gave her address 24, Brick-lane, Spitalfields—I went and could not find that she lived there.
GUILTY .— Confined Nine Months.
MR. COOKE conducted the Prosecution.
CHARLES BANKS . I am barman at the Lion and Lamb, Clerkenwell—on 2d November, between 7 and 8 o'clock in the evening, the prisoner came and called for a quartern of port wine—it came to sixpence—I served her and she gave me a counterfeit 5s. piece—I gave her 4s. 6d. change, in good money—I put the crown in a small bowl where there wag only two half-crowns—in a few minutes after she left, Mr. Weedon came in and asked for change for a half-sovereign—I saw Mrs. Sanders go to the bowl and take the money from it—and I saw the 5s. piece when it was brought back in a few minutes, and it was bad—the day of the month was put on it, and it was put aside—on the Tuesday after the prisoner came again with a man—she asked for a quartern of gin; it came to 4d.—I served her—she put down a counterfeit sovereign—I saw it was bad, and recognised the prisoner—I called Mr. Sanders, the landlord—he charged her with passing the 5s. piece on 26 November, and also this sovereign—she said she had never been in the house before—the constable came and she was given into custody.
Prisoner. Q. Did not the man pay for the liquor with a sixpence? A. Yes, after it was drunk.
HERRIET SANDERS . My husband keeps the Lion and Lamb—on the evening of 2d November I saw a woman at our bar; she had 6d. worth of port wine—Banks served her—he put the crown which the gave into the bowl, where we put the large money—about two minutes after the prisoner left, Mr. Weedon came in; he wanted change for a half-sovereign—I took the change from the bowl where the large money was—I gave him the crown and two half-crowns; that was ail the money that was in the bowl—he was absent three or four minutes before he came back, or perhaps not so long—he made a complaint that the crown was bad—I wrapped it in paper, and put it on one side in a drawer—I remember the prisoner coming again on 8th November—she was given in custody—I took the crown from the drawer and gave it to the constable.
Prisoner. You said you should not like to say I was the person, as she was only a moment in the bar. Witness. No, I did not—I did not hear my husband say "Give me 5s., and I will not lock you up."
WILLIAM WEEDON . I am an optician, and live in Morgan-street—I went into the Lion and Lamb on 2d November, to get change for a half-sovereign—I got a crown, and two half-crowns—I gave the money to my father—he gave me the five-shilling piece, and said it was bad—I did not lose sight of it—I took it back to the lion and Lamb.
THOMAS SANDERS . On the evening of 2d November I was shewn a bad five-shilling-piece—on the afternoon of 8th November I was called by Banks and he gave me a counterfeit sovereign—I said to the prisoner, "You were here last week and passed a bad crown; if you don't give me 5s. for that, I will lock you up"—she then said, "If you will give me that sovereign I will give you change now."
Prisoner. I asked you to let me see the sovereign, and I took it up to see whether the man had changed it—the officer took my wrist, and I said, "Let me go, I will give it you"—which I did immediately—there was a man with me the first time, and Banks said he could swear to us both, and said he had seen the man before.
sovereign; it fell on the counter—the prisoner took it—I caught her by her wrist—she said if I would loose my hold she would give it me—she was searched, and nothing found on her—there was a man with her—I searched him, and found nothing but 2d.
The prisoner put in a written defence, stating that a sovereign was given to her by a gentleman, which was exchanged for a bad one by the man who was with her, in tossing for drink.
GUILTY .— Confined Nine months.
JOHN ROBERTS . On Friday evening, 11th November I was at the White Bear at the top of King William-street at half-past 11 o'clock—I had been about an hour before at Mr. Chappel's, the Green Man—while I was there the prisoner came in with another man—I said I was going home, and I lived at Mile-end, and I was going over London-bridge—the prisoner said he was going that way and he and the other man came with me—when we got to the end of the bridge I said, "I am going to Mile-end, but we will have something to drink at the White Bear"—we all three went in, and a woman we had met on the bridge—we had half-a-pint of gin—I gave half-a-crown and they took 8d. out of it for the half pint of gin—we all drank of it—as I was taking up the change the prisoner said, "Put the money all in your purse"—it was a leather bag that I had, and I took my bag out and put my money in it—I put my purse back, and the prisoner and his companion and the female all began rustling me about—the prisoner knocked me behind my legs and tripped me backwards—I fell on my back in the house and the prisoner went to lift me up and put his left hand in my pocket and pulled out my purse—I said, "You have put your hand in my pocket and taken my purse and money"—he said, "I have not"—he gave the purse to the man that was along with him, and he ran out of the house with it—I went to the door and the barman gave me assistance to detain the prisoner till the policeman came—the woman was still there, but she was not taken—I charged the prisoner with robbing me of 15s. or 16s.—that was the amount of money I had in my purse—he said he had no money about him—I knew he had not, because he had given it to the other man—I had been drinking but I knew what I was about.
Prisoner. Q. Was not you in the Green Man and fighting with a man? A. No; I was not—we did not have four or five pots of half-and-half and some gin—I did not show you the way I had handled the man—I had my hat on.
GEORGE WILLIAM GODFREY . I am barman at the White Bear—I saw the prosecutor at 11 o'clock that night—the prisoner was with him and another man and a woman—I saw the prosecutor pulled down on his back—I heard him fall and I saw the prisoner take his purse from his pocket—he put it behind his back and the other man or the woman took it—the other man stood behind him to take it—the other man went out and the prosecutor and I stopped the prisoner—he said he had got no money about him.
Prisoner. Q. Did you ask the young woman for the money? A. No; nothing of the kind; I heard the man fall and I came out, and you were taking the purse.
Prisoner's Defence. I am innocent; I did not see the purse.
GUILTY .— Confined Six Months.
MR. WAY conducted the Prosecution.
WILLIAM HARRINGTON . I am assistant tun-man at Mr. Clutterbuck's brewery at Stanmore—the prisoner was engine-driver there—on 29th October I was sent into the tun-room—I went about half-past 7 o'clock in the evening—I concealed myself behind some tubs—I remained in that position about a quarter of an hour—I had a view of the yeast box, where the money for the yeast was put—the prisoner then opened the door and halloed three times—he then went to the second tun-room door and opened it and looked round and shut the door close—he then pulled a key out of his right hand trousers pocket and unlocked the drawer in which the money was kept that came for the yeast—he then put his left hand in, and in taking up some money he dropped some into the box again—I heard the money rattle—he then put his hand into his left hand trousers pocket; then pat his left hand into the drawer again, and put the contents into his left hand trousers pocket—I saw the hand passing from the drawer to the pocket—I could not see what was in the hand—it appeared as if he had something in it—he then put his hand a third time into the box, and put it into his left hand trousers pocket again—I then crawled to him on my hands and knees and caught his left hand, and said, "John, don't take it all"—he said, "All what?"—I said, "All the money"—he said it was a lie—I said, "It is true; I saw you"—and I said, "You are no friend of mine or you would not have done it"—we then had a bit of a scuffle; I pushed him away and locked the door and shut him in till Clarke came—the prisoner locked the drawer and put the key in his pocket—when Clarke came I unlocked the door and let him in, and I said to him, "John George has got the key of the drawer in his right hand trousers pocket, and the money is in his left; search him," but he did not—he did not understand the extent of the loss—the prisoner swore and said that he wished his own arm might drop off if he did it; he did not do it—I said to Clarke, "You search him"—Clarke said he did not know what to do—the prisoner said he would be d—d if he had got it, and he went out and said he must go to stop the engine—he went away and was from five to ten minutes gone—he came back and offered to be searched—I told him it was no use to search him then, he had got rid of it—on the Monday following he came to me and said he hoped I would think no more of it—he had no right to have the key of that drawer.
Cross-examined by MR. DOYLE. Q. How long have you been in the prosecutor's employ? A. About two years, but I hare not been in that department—I have been there about two months—I said he was no friend of mine, because I had not been long in that departmental never did him any harm or he me—I have never been blamed myself in any way—I was set to watch—this was at half-past 7 o'clock on 29th October—it was dark; the gas was full on—this box is a fixture in the wall—the drawer runs in and out—we term it a box—it goes back into the wall—you can't draw it out before you unlock it—Clarke receives the money for the yeast and it is his duty to put it in there—he does not draw the drawer out; there is a little bit of a hole which he puts the money through—when I caught hold of the prisoner I caught his left hand with my right; my left hand was remaining by my side—he had got his hand in his pocket the third time before I seized him—his hand was in his pocket as nearly as possible—it was not in, but I could lay hold of it—it was partly in and partly out—I did not pull it out altogether—I did not know what to do—I did not keep hold of him while I locked the door—I pushed him away—I did not hold
him at all—I was obliged to let him go—we scuffled and he got the best of me—Clarke came in—we did not search him—I left it to Clarke—Clarke would not be accountable if the money was missing—I am not aware that there is any account kept of the yeast that is sold and of the money taken—I will not swear that the prisoner was more than three minutes away—he was away from five to ten minutes as near as I could guess—he was not away longer than was necessary to stop the engine—his place is in the engine-room—there was no search made in the engine-room at that time—there was afterwards when the inspector took him—I told Mr. Clutterbuck on the following Monday morning—I don't know how it was that the prisoner was not taken in custody—he came regularly to his work after that—for three weeks nothing more was done.
EDWARD CLARKE . I am tun-man at the Stanmore brewery—on 29th October I sent the last witness into the tun-room to watch—the prisoner was engine driver at the brewery—the tun-room was my department—the prisoner only went to the tun-room to ask if the steam was wanted faster or slower, and when it was wanted—he had no business to go to the box in which the money which comes for the yeast is put—no one had a key to that box but Mr. Clutterbuck—I went that day and shook the door, and it was opened from inside by the last witness, and he said, "John George has been robbing the yeast box and taking the money out three times—he unlocked the drawer with his light hand, and put his left hand in the drawer three times, and put the contents in his left hand trousers pocket"—George declared that it was a lie—Harrington told him he was no friend to him as he was just come in there, and he might be accused of that which he had been doing—he pointed to George's pocket two or three times and said there was the money in his left hand pocket and the key in his right—George then ran and stopt the engine—he was but a very short time gone—when he came back again he offered to be searched and Harrington said, "It is no use to search you now, you have got rid of what you had"—the prisoner took a small key out of his pocket and some money not connected with the yeast, and declared that he had put nothing out of his pocket while he was gone—he declared that he had not done it—it was my duty to put the money, in the drawer—I had put money in it that day and for nearly a fortnight since it had been opened—when Mr. Clutterbuck came he opened it.
Cross-examined. Q. How long have you been there? A. Twenty-three years—the prisoner has been there about seventeen years—he has borne a good character—the box was opened on Monday morning by Mr. M.—there was silver, coppers, and one half-sovereign in it—when it was said that the prisoner had taken the money out he said it was a lie—I understood that Harrington meant by saying he was no friend of his, that he might be accused of it as he had been but a short time there—I heard the engine stopped—it was going on very fast and George ran and stopped it—he was but a short time gone—there was no search made of the place where he went to in the the engine room—I did not search his pockets—I did not know whether I had a right to search him—I did not tell Mr. Clutterbuck; Harrington did—the prisoner came to me on the Sunday morning, and he declared that he did not know how it was that Harrington should make the mistake, for he was an innocent man—I said, "Well if that is the case we will say no more about it"—on the Monday morning I saw Harrington, and I asked him if he was not mistaken on the Saturday night—he said "No, I am not"—I said, "George declares by all the oaths in the world that he is innocent"—Harrington said, "What I said is true, so help me God"—the
vat was on a stand—I was working at that vat—I myself tried whether Harrington could see the tun-room from where he was concealed behind a tub and looking over the top of it—the tub was about four feet high I should think, or a little over, and not very great in diameter; there was a very clear view of the tun-room and the box from there—nothing could be more clear—I can't say how it was that the prisoner was not taken for more than three weeks.
THOMAS MULDARY . I am manager of Mr. Thomas Clutterbuck's brewery at Stanmore—on 31st October I received the key of the yeast drawer—that key is always kept in possession of Mr. Clutterbuck—I went to the yeast drawer and took the money out—the prisoner had no business with a key of that drawer.
Cross-examined. Q. The prisoner has been in the service seventeen years; A. So I understand—that was before I was there—he has borne a good character during the time I have known him—I don't know that I missed money from that box, but Mr. Clutterbuck had his suspicions for sometime because the money was short—that box was kept locked and the key kept by Mr. Clutterbuck, and the box only opened when lie came there—he told me that for some considerable time he had suspicion of the money being less than it ought to be, from the quantity of yeast he sold—the money was lees than it used to be at former periods, and the same quantity of yeast sold—that has been for nine months or more—the prisoner was kept at work for three weeks after this, because it is a difficult thing to get a man to do the work; all our business depends on the machinery—it would have stopped the business to take him at once.
GUILTY.—Recommended to mercy by the Prosecutor and Jury for his long service and good character.
Confined Six Months.
THIRD COURT.—Tuesday, November 29th, 1859.
PRESENT—ROBERT MALCLOM KERR, ESQ.; and MR. Ald. COUNDER.
Before Robert Malcolm Kerr, Esq. and the Seventh Jury.
29. ELIZA ROBINSON (44), and JANE ROBINSON (20) , Stealing 1 silver pencil case, 1 mantle, 4 towels, and other articles, value 20l. the property of Charles Dearlove, the master of Jane Robinson; to which
JANE ROBINSON— PLEADED GUILTY .
MR. BEST conducted the Prosecution.
SARAH DEARLOVE . I am the wife of Charles Dearlove of Uxbridge—the prisoner Jane was our servant for about three months prior to 31st October, when I discharged her—after she was gone I missed a black cloth mantle, a silver pencil case, 4 towels, 2 plates, some egg cups, and a variety of articles—I accompanied the policeman to John Robinson's house and saw the prisoner Eliza, who is Jane's mother—I asked if Jane was at home; she said she was, and called her, and Jane came forward—I saw a linen pocket handkerchief lying on the table—I said "That is mine," and gave it to the inspector—I saw a pair of drawers lying on the shelf, and said "Those are mine," and gave them to the inspector—Jane's box was searched in my presence, and contained a black silk mantle, a photographic portrait, 2 China crape shawls, a wool bag, a silk pocket handkerchief, a piece of glazed lining, a pink sash, a muslin collar, 7 books, 6 pieces of lace, a pincushion, and a lot of other things which were all mine—I had not given them to her
—Eliza was present when the searching was going on—she said that Jane had told her that they were given to her.
THOMAS HEPBURN (Police-inspector). On 8th November, I went with Mrs. Dearlove to John Robinson's house—I saw the prisoners; told them that I held a search warrant and produced it—after searching the corners of the room, I asked Jane where her box was—she said, "Up stairs"—I accompanied the mother and daughter up stairs, and asked them both if they had anything in the house which did not belong to them—Jane said, "Nothing;" she pointed out her box to me and gave me the keys—I unlocked it and found a pin cushion, a cloth mantle, a coloured handkerchief, a silver pencil-case, two table mats, a wool mat, a photographic portrait of Mrs. Dearlove, two china crape shawls, three pairs of embroidered sleeves, one d'oyley, six pieces of lace, a piece of embroidery, two diaper napkins, a pink sash, a muslin collar, one book, and one pair of drawers—I asked the mother how it could be possible for these things to be in her house without her knowing something of it, and that I should feel it my duty to search her boxes and look if she had anything that did not belong to her—she said, "No; everything that is there belongs to me," pointing to a large box in the corner of the room; and there was also another box in the room, which she claimed—I searched them both, and found these four towels marked with Mrs. Dearlove's initials, one pillow-case, live pairs of childrens' drawers marked, two pinafores, a night-cap marked, a night-shirt marked, a white frock, an embroidered collar, two pieces of embroidery, a piece of new chintz, three brown holland jackets, a calico chemise marked, six china-plates, a china cup and saucer, a dessert-plate, two table-covers, two pairs of socks marked, a boy's shirt, and a coloured frock, (produced)—I showed them separately to Mrs. Dearlove as I found them, and she identified them—on further searching the room I found a counterpane, a pair of gloves, two pieces of crape, a shawl, a pair of Angola socks, and also a number of articles which there was a doubt about at the time—they were shown to Mrs. Dearlove, and she said they were her's—I told Eliza that I should take her in custody for receiving them, knowing them to be stolen—she said that she knew nothing about it; Jane told her that she had them given to her—I took her in custody and then made a further search, and found in a tea-caddy in the room down stairs seven duplicates; among which was one for a sheet and a shirt, pledged for 3s.—I obtained them, and Mrs. Dearlove identified them—there was another on August 8th for three shirts, 5s.; one on 19th September for a sheet and table-cover, 3s.; one on 27th September for a black silk handkerchief and a remnant of silk, for 4s.; one on 24th October of a table-cloth for 4s.; one on 25th October of two shirts for 5s.; and one on 17th October of a table-cloth for 6s.—1l. 9s. was advanced altogether—the whole of the articles stolen was valued at 20l.
Cross-examined by MR. DICKIE. Q. Did Eliza pledge any of them? A. I never saw her at my place.
child's shifts and a pillow case; also a lot of things in a cheat of drawers—they were all shown to Mrs. Dearlove.
The prisoners received good characters.
ELIZA ROBINSON— GUILTY .—Strongly recommended to mercy by the Jury. Confined Four months.
JANE ROBINSON— Confined Twelve months.
WOOD PLEADED GUILTY .
MR. COOPER Conducted the prosecution.
MARY ANN CONNOR . I reside at Pelham-crescent, Notting-hill—on Monday, 21st November, I went to stay at The George Hotel, George-yard, Skinner-street, Snow hill—about 5 o'clock that afternoon, I went upstairs into my bedroom, and on the landing I met a man named Clarkson, whom I have since seen at Holloway gaol—I am sure he is the man—he asked me for a light—I left one on the landing for him—he said, "Never mind; I dare say I can find my way in the dark"—I then went to my bedroom, divested myself of my mantle and placed it on the bed—the value of it is about 3l.—I closed the door and came down stairs—I then saw two other men standing at the bar—I could not swear to the prisoners being them—they left in a very few minutes after I came down—about half-an-hour afterwards I went upstairs again, and upon going into my room I saw that my cape was gone—there was a bright coke fire, so that I could see everything in the room—this (produced) is the cape—I know it to be mine—I have no doubt about it.
ELIZABETH NESBITT . I am the daughter of Mrs. Bennett, landlady of the George Inn—between 5 and 6 o'clock on 21st November, three men came to our bar; Russell was one of them—he ordered half-a-quartern of gin, that is two penny worth—there was some warm water mixed with it, and sugar—that takes some little time—I fetched the water from another room—I have not seen Clarkson—one of the men asked me for some waste paper and I gave him some—he went out into the yard, and after that I saw him go towards the stairs—I remember that man coming back again—they all three left then at once—the convenience upstairs is used only for the family and lodgers that we know, not for the public.
Russell. Q. Did you not state at the police-court that I stood at the bar after the others left the bar? A. No; I did not—you walked out at the same time as they did.
COURT. Q. Can you identify the other prisoner at all? A. No; I have not seen the one at Holloway at all—no one else was in the public-house—the men were in conversation amongst themselves—it appeared to me that they were acquainted with each other.
EDWARD STEVENS . I am assistant to Mr. Lawler, pawnbroker of 78, Farringdon-street—I think I am right in saying that it was on Monday evening, 21st November, that this velvet mantle was brought to be pledged—I have seen it here—it is the one that was pledged to me, and, to the best of my belief, by the prisoner Wood—I would not swear that it was Wood, although I gave a very minute description to the constable when he applied to me about it—he gave the name of Richard Wood—the duplicate is "Velvet cape 6s., Richard Wood."
EDWARD THOMAS FREDERICK HANCOCK (City-policeman, 229). I apprehended Wood on the night of 22d November, on another charge—I had not then seen the last witness—I searched Wood at the station, and found this duplicate secreted between his legs—I told him I should take him in custody on the charge of stealing a coat from Salters' Hotel—he said he did not know Salters' Hotel—I asked him it he knew Clarkson, and he said that he did—I asked him when he saw him last, and he said on the day previously, in Holborn—on 23d November apprehended Russell in a street leading out of the New North-road—I told him I was a police-officer, and should take him in custody for being concerned with Clarkson and Wood—he said he did not know either of them—I told him the charge was for stealing a coat from Salters' Hotel—he said he had not been at an hotel for twelve months—he asked me several questions—I said that there was another charge of stealing a velvet cape—he said, "The idea of stealing such a paltry thing"—I took him to the station, and then I went to his lodgings at 66, Baring-street, New North-road—I there found twenty-nine duplicates; seven of them relate to coats, and the others to waistcoats and trousers—I warned the pawnbroker to attend.
Russell. Q. You stated that on apprehending me I said I had not been in any hotel for twelve months; did not I say any hotel in London? A. I did not understand you to say so—I have seen a great part of the goods to which the duplicates that I found relate—they were most of them new—I made inquiries and found that you had been travelling in the clothes trade, and that you had samples of clothing in your possession for the purpose of selling.
EDLIZABETH BOWLES . I keep a lodging-house, and reside at 5, Mexican-terrace, Caledonian-road—on Tuesday, 8th November, the prisoner, Wood, came to me to hire lodgings, and he introduced Clarkson to me, the man who is now in gaol—they took the apartments and both resided there—the second week after that the prisoner Russell called on them—Mr. Wood was not at home—Clarkson went out and spoke to him—they seemed friendly—I did not hear what they said—on Wednesday, 23d November, Russell called again on Wood but did not see him, because he was in custody—he called five times altogether and did not see Wood once.
Russell's Defence. Wood and Clarkson happened to meet me with a friend in the Caledonian-road; I had known Wood some years ago to be a respectable man in the city, but when I met him I did not know him; my friend introduced him. We went to a public-house for some refreshment, and there Clarkson told me he had a large shop in Somers-town, and that I was the man to introduce them to certain houses to get goods. I said I could do so if their references were satisfactory; and they said they would pay half cash. I afterwards recognised Wood. We parted on this Sunday night, and they promised to call on me in a few days and let me know how they progressed. They did not call; I happened to be passing by where they lived, and I called and asked if Mr. Wood was in; Clarkson came out and said he was not in, but he would call at my house; they called there on the following Sunday, and we had a few minutes conversation. I said "I will meet you to-morrow at one o'clock;" I met them about half-past one on the Monday, and we entered into the affair. I was to introduce them, and they were to pay half cash for the goods. We waited at a public-house about two hours, and then we went towards St. John-street-road; Clarkson wanted to go into some house, and I went in with them; he asked for some paper at the bar, and walked directly up stairs as if he knew the house, the landlady and other people behind the bar looking at him full in the face. Why did they not
stop him if this was a private place? he came down, went right out of the house, and beckoned to the man to follow him; he did so, and one of them said they should be back in a minute; I stood at the bar but they did not come back; I then went into the yard and saw Clarkson standing there; he said, "Oh, he has gone on a little business, we shall see him presently at another place." He took me down to Salter's Hotel; I never knew it before; we went in and called for a chop; Wood came in and whispered to Clarkson for some time; he then left the room, and, according to the evidence of the head waiter, he missed a coat from the rack; Clarkson then offered to treat me to a glass of gin and water, and we went into the smoking room, and, it getting rather late, Clarkson wanted to get rid of me. I went out at the door and went home; afterwards Clarkson went into the passage, and was taken into custody. I told the officer that I had not been into any hotel in London for twelve months.
COURT to NESBITT. Q. Who ordered the gin? A. Russell; and he paid for it—I did not hear any conversation between him and Wood—half-a-pint of porter was also had—a 6d. was, given to me by Russell, and I took it all out of that.
RUSSELL— NOT GUILTY .
WOOD PLEADED GUILTY .*— Confined Two Years.
MR. COOPER conducted the Prosecution.
HENRY LOWE HARRIS . I am a commercial traveller—I was staying at Salter's Hotel, Victoria-street, on Monday, 21st November—I hung my coat up on one of the pegs in the hall between ten and eleven o'clock in the morning of that day—in the evening I wanted it but could not find it—this (produced) is it—I am sure of it—I do not know the prisoners at all.
MARY ANN LOWE . I am manager at Salter's Hotel—about five o'clock on Monday, 21st November, the prisoner Russell, and Clarkson, who is now undergoing punishment, came into the hotel—one of them ordered chops and potatoes; I do not know which—they were sent to them in the coffee-room—while they were in there Wood came in and asked for a glass of stout at the bar-window—he went into the smoking-room—the smoking-room and the coffee-room are very different—I saw him pass the bar-window and go into the coffee-room where the other two were—I did not see them leave—I saw Clarkson leave, and I saw him take a cloak off a peg in the hall—it is for that he is now suffering—I recognised him at the police-court—I am quite sure that this gentleman's coat was hanging on the peg while the three prisoners were in the coffee-room—it was missed about a quarter of an hour or twenty minutes afterwards—I am quite sure that these are the two men that I saw.
THOMAS LACY . I am assistant to Mr. Thompson, of 10, Bath-street, Clerkenwell, a pawnbroker—this (produced) is the counterpart of the duplicate in the name of John Dawson, a coat for 5s.; this (produced) is the corresponding duplicate—I believe it to be the prisoner Wood that pawned that coat.
BRETON COPELAND . I am waiter at Salter's Hotel—I remember Clarkson and the prisoners coming there—I waited on them—Russell and Clarkson first came in and ordered mutton chops and potatoes—the prisoner Wood afterwards joined them and spoke to them—I saw them together in the coffee-room—they seemed to know one another—I did not see the gentleman's coat at this time—I saw the prisoners leave the coffee-room to go into
the smoking-room to have refreshment there—the coats would be hung in a passage or hall between the two rooms—you pass them to go out of the hotel—you go out at double doors.
Russell. Q. When Wood came into the room did you see him speak to me? A. No; only to Clarkson—I should say it was about ten minutes after Wood had left, that the coat was missed—I did not miss it.
EDWARD THOMAS FREDERICK HANCOCK (City-policeman, 229). I apprehended Wood—I asked him if he knew Clarkson; he said that he did—I asked him when he had seen him last; he said that he had spoken with him the day previously—I asked him if he had been with him the night previous at Salter's Hotel, in Victoria-street—he said that he had not; he did not know Salter's Hotel—I afterwards found a duplicate on him—Russell was not present—I took him to the station and stripped him in one of the cells—I locked him up—I afterwards went back to the cell and found this duplicate concealed under the seat of the water-closet—no one else had been there—I afterwards went to his lodgings and found other duplicates—I apprehended Russell also—I told him I was a police-officer—(I was in plain clothes)—I said that I should take him in custody for being concerned with Clarkson and Wood in stealing a coat from Salter's Hotel, Victoria-street—he said that he did not know Clarkson or Wood; that he had not been in any hotel for the last twelve months.
ELIZABETH BOWLES . On 8th November Wood came to me for a lodging and introduced Clarkson—Russell came in the second week to enquire for Wood, and he put this letter (produced) into my hands on 23d November, and asked me to give it to Mr. Wood—I did not do so; I gave it to the policeman.
EDWARD THOMAS FREDERICK HANCOCK , re-examined. The prisoner Wood's name is Richard Hague—this is the letter (Read: "Dear H. I have gone up to the cattle-market; I expected to have seen you to-day; I have been waiting all day for you; I shall be back in an hour, and will be in the parlour in the corner. I want to see you particularly—Fred")—Russell's name is Frederick York Russell.
Russell's Defence. I went to the top of the road after Clarkson and Wood, and Clarkson said, "We go; he knows where to find us." We adjourned to Salter's Hotel During that time Wood came and spoke to Clarkson with his load on his shoulder, in a newspaper; and after he left, the coat was missing; the officer found the ticket of it and the tobacco pouch on him; there cannot be, therefore, a doubt that that man took the coat off the rack. I had to make enquiries with reference to goods for them next day; I went next day, enquired for Mr. Wood, and left this letter for him, though at that time he was in custody on this charge; so innocent was I of what was going on between them.
Russell received a good character.
NOT GUILTY .
PLEADED GUILTY ; and MR. SLEIGH, for the Prosecution, stated that the person defrauded was the father of the prisoner. Four Tears' Penal Servitude.
PLEADED GUILTY , and received an excellent character.
Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .*— Six Years Penal Servitude.
(There was another indictment against the prisoner.)
OLD COURT.—Wednesday, November 30th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON BRAMWELL;
Mr. Ald. HUMPHERY; Mr. Ald. CHALLIS; Mr. Aid. MECHI; and ROBERTMALCOLM KERR, ESQ.
Before Mr. Baron Bramwell and the Fourth Jury.
MESSRS. CLERK and BEAZLET conducted the Prosecution.
EMMA SCOTT . I am the wife of Robert Scott, a labourer, and reside at 4, Clarence-cottages, Hackney—that is the same house in which the prisoner lived—she occupied the two rooms adjoining ours, one up stairs and one down—they are both front rooms—I occupied two rooms in the same house—I have been there about five weeks, I think—she was there all the time I was there—when I first went, a man of the Dame of James White was living there—they lived together as man and wife—I recollect James White going away, three weeks before the child died—he left her there and three children with her, a little boy and two little girls—Fanny was the eldest, Sarah the next, and the little boy was the youngest—he was about three-and half years old—the children were left under her care—I saw the little boy dead—the last time I saw him alive was on Tuesday, 27th September—I saw him twice during that day—the first time, was about 11 o'clock in the day—he was crying for drink—I saw him again about 2 o'clock; he was crying then—I did not observe anything peculiar about him—he was a sickly child, and he looked sickly then—he was then walking on the floor—he had an abscess on one side of his face, and it was tied with a handkerchief, so that without I had uncovered the face I should not have seen the bruises; it was tied too closely over—on that day I went from home about half-past 5; the prisoner was not at home during that part of the day—I came back about 10 minutes to 6, the prisoner was not at home then—she came home about 8 o'clock that night and went up stairs—at that time the eldest girl was down stairs, and the other two were up stairs in her room—I did not speak to the prisoner at that time, but I heard slaps; that was about 3, 4, or 5, minutes' after she went up stairs—the slaps sounded as if they were hit on some fleshy part; they sounded loudly—I did not hear any screams or any cry—I saw her come down again; I think about half-past 8—she then went out and took the eldest child with her—she came home about 9 o'clock—she spoke to me against my room door some few minutes, then wished me good night, and went up stairs—I heard her say, "You naughty boy," when the slaps were given the first time that she went up stairs—I did not hear anything
more that night after she went up stairs the second time—on Wednesday morning, about 7 o'clock, I saw the eldest girl come down stairs, and about half-past 7 I heard slaps; heavy, loud, sounding slaps, of the same kind I had heard before—I did not hear any screams; the prisoner was upstairs at that time, and the other little girl—I saw her about half-past 8 o'clock come down stairs, she seemed to be in a very great hurry, with her bonnet on and her shawl on her arm; she rushed past our window—I saw her come back again about a quarter to 9—she then ran up stall's about as far as her room door; there is a small passage at the top of the stairs—the stairs are fronting the door—she screamed as soon as she got to the top, by her room door, and then ran down the stairs again—I directly went to my room door, and said, "Mrs. White, what is the matter?"—she said, "Oh! my little Jemmy is gone"—the little boy was called Jemmy—I said, "Why, he is not dead?"—she said, "Yes he is; go and see"—I ran up the the stairs and went as far as her room door, but did not go inside—I could see the child lying on the bed; it appeared to be dead—I did not go near enough to touch it; it had a covering over it—I said to the prisoner, "Yes, so he is;" and I said, "Where have you been?" she said, "I have been to the doctors"—I said, "Is he coming?" and she said, "Yes; but I don't know when"—I then said, "Oh, pray run and fetch somebody;" and we both ran down stairs—Mrs. Offen, who lived nearly opposite to our house, was called, and then the doctor came—I went up stairs with the doctor; I was so frightened that I did not notice what the doctor said, or what the prisoner said—she told me on the Monday, as the child died on the Wednesday, that it had been very loose in its bowels, and made a great deal of dirt—on the Wednesday morning she told me the child had not made her any dirt—she said she had punished it, and she did not think it would make tier any more dirt—I said, "What have you done to it?" and she said, "Last night, when the other children went to bed, I took it up stairs, and heard it its prayers and undressed it, and instead of putting it to bed, I tied it to the bedstead"—I said, "La, sure, sure you never kept it there all night"—and she said, "Yes I did, till 7 o'clock the next morning"—and I said, "Poor little thing, I wonder it had not untied itself and got into bed"—she said, "No, I tied its hands down"—I said, "Why it must be dropping down with sleep, where is he now?"—she said, "He is down stairs with the other children"—that was all that was said then—I heard some slaps on Saturday night—that was the Saturday night before the child died—I had heard them on previous occasions, but I cannot tell the distinct times.
Cross-examined by MR. POLAND. Q. Is the house where you live a small house? A. A four roomed house; two rooms on the ground floor, and two on the upper floor—our rooms are the first you come to going down the street, and the prisoner's are on the other side of the door; a small passage, about a yard and a quarter, or something like that, parts the two rooms—I had one of the down stairs rooms, and one of the upstairs rooms—my daughter lived in the house at the time—I think she is twenty next February—the prisoner bad another child there after the man was gone, but I did not know that it was her own—I should think it was rather more than two years old—she had these four children to look after—on the Tuesday she went out about half past 8 in the morning, and returned at a quarter-past 8 in the evening—the middle girl, Sarah, was gone to school that day, and the eldest girl was in the room minding the little boy—I did not see them out that day—I was at home until half-past 5 in the
afternoon—the prisoner and White lived comfortably together for anything I know—I never saw the prisoner use any violence to the little boy Jemmy—on Tuesday the little boy's face was bound up with a handkerchief—I knew she had taken it to the doctor's—I don't know what food was left for the children when she went out on Tuesday morning—I did not see them have their meals; they were in their room—when the prisoner I came home I was down stairs; she went up stairs—I was down stairs when I heard the slaps—the room where they used to sleep was up stairs—I was never in the room till the morning the child died—I only saw one bedstead—I did not notice the furniture—it was on the Wednesday morning before the child died that I had the conversation with her about punishing the child; a week before—I did not notice that the child went out the next day—I can't say it did not—I can't say whether it was down stairs in the lower room the next day; I don't recollect—Sarah used to go to school—I never saw Fanny take Jemmy out, that I recollect—I have seen him sometimes go out with the prisoner—the morning he died, when the prisoner came back from the doctor's, she appeared to be in great grief—I do not remember the child falling down stairs—I do not go out to work—I sometimes go out.
MR. CLERK Q. Did you ever see the little child, two years old? A. No, I did not, only when he came home after James was dead—I think she was only out once before that Tuesday, and then she had the children with her.
COURT Q. How did she treat the eldest child, Fanny? kindly? A. I never saw her slap her—I heard her slap her once, but I did not see it—it was at the back of the house, and I was in my room—I never saw her treat her unkindly—I never saw her slap Sarah, I cannot Bay, because they were kept closely in, when they were at home; the door was mostly shut—I have often, heard slaps, but I could not tell which child was slapped—I used to hear the children cry—I did not notice them particularly—I do not know whether they were well fed—I never saw them have their meals; they were closely kept in.
FANNY WHITE I am nine years old—I used to live at 4, Clarence-cottages—I remember my mother—it is going on for three years since she died—I remember Mrs. Wiggins living at Clarence-cottages—my father was living there also; he lived there for some time, and then he went down into the country—when he was there, there was Mrs. Wiggins, myself, my sister Sarah, and my little brother, named James; he was three years old—my father went down into the country a smart little bit before my little brother died—he died on a Wednesday—I was at home the day before—Mrs. Wiggins went out that day—I remained at home all day—my sister Sarah was at home with me some of the time, and at school time she went to school—I don't know what time Mrs. Wiggins came home on that Tuesday—my little brother James used to go to bed just before we—he and my sister used to go together—I do not know at what hour—Mrs. Wiggins usually put him to bed—he was put to bed on the Tuesday; I put him to bed—that was before Mrs. Wiggins came home—my sister Sarah wanted to go to bed too—she wasin bed when Mrs. Wiggins came home—when my father slept at home there was two beds, but after he went away there was only one—I saw Mrs. Wiggins come home on the Tuesday evening—I was down stairs then—I went up stairs with her to go to bed—my brother James was then in bed—Mrs. Wiggins found out that he had been crying for water, and she pulled him out of bed, and tied him up to the bedpost—I had not said anything to her about his crying for water—I
had not heard anybody say anything to Mrs. Wiggins about his having cried for water—he was undressed when she took him out of bed; he had only his shirt on—before she tied him up, she made him say his prayers—she got up on the bed; she held him in her arms, and tied his hands with a cord—she tied his hands behind him, together, and tied the same piece of string up to the bed-post—it is a sort of bar between the bed-posts; a long piece of wood that goes across the bottom—there are four down-posts to the bed—there was a curtain over the bed once, but there was not at that time; there are two down posts at the foot of the bed, and the bar was up above; it ran across the top of the bedstead that the curtain would run on—his hands were tied to that bar—I think his hands touched the bar—she then tied his feet up to the bar, and tied a cord round his waist too—this model (produced), is like the bed—he was tied underneath the bar at the bottom of the bed; his face was hanging down towards the bed—his back was along the bar, close to it; there was a cord round his waist—I could not see whether it went round his arms also—the cord round his waist went round the bar—I was undressing when she tied him up—Sarah was in bed—he did not cry when she was doing this; he never cried hardly—he only made a sort of winnicking noise—she got into bed after she had tied him up—I got into bed before she did—there was another little child, that had come alter my father had went away—I think it was in the bed also—the child had been out with the prisoner on that Tuesday—it was younger than Jemmy—in the morning, when I got up, Jemmy was there still, tied to the bar—I heard him winnick two or three times in the night—I was up first on the Wednesday—I used to have to light the fire—I did not see the prisoner get up—I was down stairs—I did not see my little brother untied from the bar—I lit the fire down stairs, and got her breakfast ready, and after that I went back to the bed-room—I do not know what time it was—at that time my little brother was taken down—she was sitting on the bed shaking him, and then she laid him down on the ground—she was dressed at that time—she was holding him between her knees—I don't think he was making any noise at that time—I could not tell whether he was living or not—she laid him down, and I saw his head hanging down, and then she sent me off down stairs—she came down afterwards and went out—she put on her bonnet and shawl up stair's, I think, and then she came running out—she came back in short time, and the doctor came very soon afterwards—I remained down stairs all the time she was out—I went up stairs with the doctor, when he came—my brother had not dirtied his clothes on the Tuesday, as I know of; he had done so sometimes—about a week before he had dirtied himself, one day, and on that night the prisoner tied him to the bottom of the bed-post—his feet were on the ground—she tied him round with the same cord—he had only his shirt on then—he remained there all night—I don't think he dirtied himself after that, because she said if he ever did it any more she would punish him in a worse manner—my brother had been crying for water on the Tuesday when she was out—we dined at home on that day—she left us some bread—I had given him some bread—my sister Sarah dined with us—I think she left about two slices of bread each for us—I have seen the woman slap my brother two or three times; I don't know what for—on the Tuesday night, when she came home she slapped my brother, and she gave my sister a slap too—Jemmy was slapped because he did not say his prayers properly—I think she slapped him twice on that night—I do not recollect whether she said anything when she slapped him.
Cross-examined. Q. Did your mother cut up the whole of a loaf ready
for you before she left? A. No; it was not the whole of a loaf, nearly a whole loaf; she cut it up ready for us—I had to take care of my brother, and my sister Sarah went to school—she dined at home along with me—we had tea; we left a slice of bread apiece for it—it was going on for 5 o'clock when we had it—I put my brother to bed soon after his tea—my sister went to bed a little before 7, I think—I remember my mother coming home that night—I was sitting down stairs—I went up stairs to the bed-room—I went out with her that night—when I went out I left my little brother in bed—we were out about half-an-hour—when we came back we went up into the room—she pulled him out of bed before we went for a walk, and left him in the room.
COURT. Q. How came she to take him out of bed then? A. I don't know; she did not say anything.
MR. POLAND Q. Did not she leave him in the bed? A. No; she left him in the middle of the room, and then went out for a walk—he was in his shift—my sister Sarah was in bed—he was in the middle of the room when we came back—I got into bed before my mother that night—I staid up for a letter that she expected that night—she used to get to bed, and I used to have to stay up waiting for a letter—she told me that night that she expected a letter, she was very tired, she was going to bed, and I was to wait till the postman came—she went to bed before me when she told me that I sat up till after 8—it was not quite two or three hours—no letter came, and I then went to bed—when I went to bed my little brother was in the bed—that was not the night he was tied up—she did not tell me that night to wait up for a letter; it was another night—I do not know what night it was; it was hot the same Tuesday night, as my brother was tied up—I remember a letter coming on the Wednesday morning—I don't recollect that it was the night before that she asked me to wait up for it; because I sat on the bed, and my brother was not in bed then—I don't think it was the night my brother was tied up that I sat up for the letter, but I am not quite sure—when I went to bed on the Tuesday night, my brother was not in bed; I am quite sure of that—my sister Sarah was in bed, and the other little girl, Annie; and then I got to bed—we all slept in one bed—when my little brother was tied up he only had his shift on, his hands were tied behind him—I know he was found dead next morning when the doctor came—no one asked me any thing about what I had seen or knew—my sister told me a good deal of it.
COURT. Q. But when did you tell any gentleman or any policeman what you knew about this matter? A. I did not tell any one—I did not tell any one before I went before the Magistrate.
MR. POLAND Q. Did not the policeman talk to you about it? A. Yes; he did—that was on the Wednesday, the same day my brother died—I talked to my sister as well—in the morning my brother's head was hanging down; at night it was hanging down, rather—he did not go to sleep as I know of; he could not go to sleep—I went to sleep—my sister Sarah used to take my brother out on the downs—my mother would not let me do it, because she said I must bide at home and do her some work—I don't know whether my sister took him out the day after he was tied to the bedstead—the week before he did not go out nearly every day—it was not very often that she used to let her take him out—she would say he was a naughty boy; and Sarah should not take him out—I sometimes went out with him, when he did not want me—I do not remember a short time before he died taking him out when we were playing by a pump—I did not take him out then—I know when he came home that he had fallen from a pump and hurt himself;
there was a place on his head—I heard from my sister that he had I fallen from a pump—I don't know how long that was before he died; it was more than two or three days—I do not remember his falling downstairs—I heard my mother say that he had fallen down stairs—that was before she took him up to the doctor's—I did not see her washing him after he had fallen down—I did not ask him what was the matter with him—I heard her say that he had fallen down stairs; she did not say that he had hurt his head; I heard her say that he had got two places on his head—I do not I remember his falling from a tomb-stone, when he was playing in the church-yard—I do not know anything about that—my mother used sometimes to beat me when I was naughty, and sometimes my sister—I used to play with my little brother on the Hackney-downs at horses sometimes—we used to drive one another; sometimes he was the horse, and sometimes me—I used to drive him, not with string; I never had any string—we used to catch hold of one another's tails of our frocks—no one ever lent us string—I used not to drive him with reins—I used to see some of the other children that played with us run about with reins—when I was left in charge of my little brother I used not to beat him when he was naughty—I am quite sure that I never beat him at all—I only used just to tap him on his arm sometimes and say he must not do it—one of the neighbours told me that I scolded him too much—Mrs. Scott, the woman in the other apartment, said that—on the Wednesday after my brother died, after the policeman had been speaking to me, my mother told me to be sure and tell the truth—that was before I went to the Magistrate.
MR. CLERK Q. You said just now that one day Mrs. Wiggins told you to sit up for a letter? A. Yes; she was tired, and went to bed—I used to sit on my bed then—she was in bed the night that sat up, when a letter was expected, and I sat on the bed—my brother Jemmy was in the bed that night—on the Tuesday night I went out for a walk—Mrs. Wiggins had gone upstairs before I went—when I came in from the walk I had to lock the door, and then she and I went up to go to bed—Jemmy was then in the room—he was not in bed—she pulled him out of bed before we went for out walk, and stood him in the room—it was after we went for our walk that she heard him say his prayers.—she was standing in the room when I came back from my walk—she made him say his prayers, and then she tied him to the bed—I did not leave the room after she had heard him say his prayers, and before he got into bed—I never went away from the room, because she locked the door—a policeman talked to me about tying my brother up—I do not know the policeman's name—I think that (Monro) is the policeman who spoke to me—he spoke to me in Mrs. Scott's room—he was the first person that I told anything to about my brother having been tied up—I do not know what time in the day it was when I told him—the prisoner gent my little sister to school, and gave her her dinner for her to have in school; and then my little sister came home and said it was a half-holiday that day, and brought her dinner back again, and then I told her about this—I do not know whether I had spoken to the constable before I told my sister—I cannot recollect that I have ever seen my brother fall down—I said that the prisoner said there were two places on his head—I never heard any one else say so—my sister Sarah did not tell me that he had fallen from a pump—the prisoner told me that he had fallen from a pump, and my little sister said he had fallen out of the chair—he went to the doctor's with Mrs. Wiggins—I think it was before that that he had had this fall from the chair or pump—the places were on his head before he went to the doctor's—
I cannot recollect when it was that I, my sister, and brother went out to the Downs to play—I used to go out sometimes before my father went into the country—I have been out with my brother after my father went into the country.
COURT Q. You say that the rope went round his middle, and went round the bar of the bed? A. Yes; it was tied round and round—she had some other bits to tie his feet and hands with—she tied his feet, and then she tied his hands behind him, tip there, and then his head hung down—I never saw anything round his throat or chest to keep him up; only round his middle, and his hands and legs—there was one day that I sat up late for a letter—she said she was very tired that day, and she went to bed before me—I do not know what had made her tired—I do not think it was the day she had been out all day, because I sat on the bed that day—I think my brother was not there them—there was a little fire a little while in the room—he was not there while the light was there—she had a light to tie him up with—I was undressing while she was tying him up—after she had undressed and tied him up she put the light out—the next morning he was still there when I got up—I am quite sure of that, that he was still there—I think she went to sleep that night after I had got into bed—I used to call her "mother" sometimes, and sometimes "mammy"—I did not like her after she had done this—formerly I did like her—she was kind to us sometimes; before she ever did anything to my brother she was kind to me, and to my sister, and all of us—she was kind to my brother at first, when my father was at home—after my father left she did not like him; she said he was a naughty boy—he was not a naughty boy, as I know of—he had been crying for water before he was tied up—I did give him some in the daytime—he asked me for a drop of water; when I got the teapot there were no leaves in it, and I got some water and put in the teapot, and then I gave it to him—he was crying for some victuals after that—when she came home before she took me out for a walk; she pulled him out of bed—I think she said he was a naughty boy, and had been crying for water, and she would punish him—I had not told her that he had been crying for water—I saw my brother after he was dead; when the doctor went up, then I saw him—I looked at his face; he had some braises on it—I do not know how long he had had those bruises; he had had them for some time; some days—I do not know how he got them—I think she used to slap his face sometimes—I do not know how he came by them.
SARAH WHITE . (This witness being very young, was, before being sworn, examined by the Court as to her knowledge of the nature of an oath). I remember living in Clarence-cottages with my father and Mrs. Wiggins—I used to call her "mother"—I remember the day my little brother Jemmy died—I had slept the night before in the same bed as my mother did—my sister put me to bed that night—my sister put Jemmy to bed—he did not remain in bed all night; he was tied up to the bedstead—I saw him tied up to the top of the rail at the foot of the bed—he was tied with a rope—my mother tied him—his head was hanging down when he had been tied to the rail—after my mother had tied him she went to bed—when I awoke in the morning my brother Jemmy was still on the rail; mother was getting up—I saw my brother taken down by my mother—after she had taken him down, she dressed him and put him in the room—she sat him in a chair when he was first untied—she was dressing him when I went away to school—I came home from school at 12 o'clock—when my brother was being dressed he was not crying; he was sighing—I do not know whether he was
washed—I was not in the room when she was dressing him—when I went to school she was dressing him—I had heard him sigh before I went to school—when I came back at 12 he was dead—before he was tied up by my mother on the Tuesday night I did not see ray mother do anything to him—I saw her shake him on Wednesday morning—she did not do anything else.
Cross-examined. Q. What time was it when your sister put you to bed on this Tuesday night? A. 7 o'clock—my little brother was in bed then—my sister then wont down stairs—I went to sleep—I had been out, at school that day—I was not very tired—soon after I was put to bed, and my sister left me in the room, and in the dark, I went to sleep—I woke up when my mother came home—she remained at home that night—I remember her coming home and going out again—I went to sleep again—when my mother went out my little brother did not remain in bed with me—he was asleep—it was 7 o'clock when I got up in the morning—my little brother was not in bed then; he was tied up—I saw him taken down—he was up stairs when I went to school, not in bed; I do not know whereabouts he was—I remember my mother coming to bed that Tuesday night; I was not asleep—my mother and my sister Fanny both came to bed together—I do not remember 2ny mother that night telling Fanny to sit up for a letter—I do not remember Fanny remaining up for a letter—I do not remember my mother scolding her for sitting up too long—I used to take the little boy out; I and he together—I know the Hackney Downs—I do not remember playing there by a pump—he never hurted himself on the Downs—I cannot tell where he hurt himself—I do not remember telling my mother when I was out with him that he had fallen and hurt himself—I used not to take him out very often; only once a week, on the Saturday.
MR. CLERK. Q. The other days you were at school, I believe? A. Yes—when my mother came home and went out, she tied him up—she tied him up the first time, and then when she came back again, she tied him up tighter—I used to say my prayers to my mother; my brother used to say them to her sometimes—on the Tuesday night, I never said them to her when she came home; my brother did; I had said them before she came home—I was awake when he was saying his prayers—it was directly after lie had said his prayers that she tied him up—he was in bed just before he said his prayers.
MR. POLAND. Q. Do you remember your little brother felling down stairs? A. No; I was not at home—I heard of it—he hurt his cheek.
MR. CLERK. Q. Did you see him fall? A. No—my sister told me of it—he did not tell me.
ELIZABETH OFFEN . I am the wife of John Offen, of 1, Clarence-cottages, Hackney—I live very nearly opposite the house where the prisoner lived—I remember the morning of 28th September last—I was the first person that was called into the house—I should say that was about a quarter to 9 or 9—I went up stairs into the bedroom, and there I saw the child lying dead—it had some of its clothes on, and lay covered over; it looked quite clean—it had a show of blood at each nostril—the doctor came in while I was there—I observed the show of blood before he came—he asked the prisoner who had had the care of that child, and she made no answer, he asked again, and I made answer, "The mother, sir;" as I supposed it to be—she said that she was out all the day before, and that it had not a bruise on it; and I said that I met the child in the street on the Saturday before, and that I had seen that the right side of the face had got several bruises on, which were
not the same bruises as on the morning that the child died—I observed that the bruises on the Saturday were going off; not fresh bruises, as I saw on the face on the Wednesday morning; they were not in the same position—they were bruises going off, yellow and brown—they were on the same side, higher up on the cheek-bone, nearer the eye—when I saw him on the Saturday, he was going out for a walk with the little sister Sarah.
Cross-examined. Q. Had he his face tied up then? A. Yes; with a bandage round it—I did not see him come back.
MR. CLERK. Q. Could you see the cheek? A. Yes; I took hold of the bandage and looked, and that was how I saw the bruises on the other side.
COURT. to FANNY WHITE. Q. How did you all sleep in the bed? A. My little brother slept up against the wall, and I slept next to him, and sometimes the child slept next to me, and then the woman slept next to her child, and then Sarah.
JOSEPH MUGNELL . I was barman at the Prince of Wales, at Hackney, last September—on Wednesday, 28th September, the prisoner came to me between 8 and 10 in the day, and I wrote a letter for her—I believe she brought a Post-office order with her—this (produced) is the letter I wrote—she asked me to write her a letter to her husband, and begged that I would acknowledge a Post-office order, and at the same time, to inform him that the little boy, Jemmy, happened with an accident on the Saturday, and died either that night or during the morning, I cannot swear which—I wrote it on this piece of paper, and put it into an envelope which she brought with her—(Letter read: "Wednesday. My dear husband,—I received yours this morning, with Post-office order, for which I have to thank you, and am sorry to inform you Jemmy happened an accident on Saturday, and died last night; dear husband, you must come home, if possible, as soon as you get this note").
JAMES MONKO . (Policeman, N 31). On the morning of 28th September last; I went to 4, Clarence-cottages, Hackney, from information I received about half-past 9—I went up stairs into the bedroom, and I saw a child, between 3 and 4 years old, lying dead on the bed; the prisoner was not in the room then—the child was dressed—there were marks of violence upon, the head—I observed some bruises on the right cheek; two scratches, also a bruise or wound on the left side of the head—while I was examining the child, she came in—I asked her whether she was the mother of the child; she made no reply; I then asked her whether that was her child; she said, "No"—I asked her whether she could account for those bruises on the child's head; she said, "I do not know; I was out all day yesterday, and they were not there when I left home"—I then asked her who had care, of the child during her absence; she said, "The girl;" pointing to Fanny—after that I left the house, and went to the surgeon, Dr. Haycock, and asked him whether he could certify the cause of the child's death; he said he could not until he had made an examination—I went a second time that day to the house, I should say about 11 o'clock—I went with the coroner's officer to make inquiries; I questioned the little girl as to whether the child had received any hurt the day before—I went again the next evening at 6 o'clock, and searched the house; and in a cupboard in the down stairs room, I found these pieces of cord—I produce the foot-rail of the bed—it is the top rail at the foot of the bed—I did not make the little model—the foot-rail crosses the top of the post—that is the position in which it was when I found it—there are some dents on it, and a little fluff, which I have put
some paper on to keep it in the same state as when I found it; it had the appearance of having come from the cords.
Cross-examined. Q. You took that bar off the bedstead yourself? A. Yes—it was a rail for holding a curtain—there were two spikes, and that bar fastened on to the two spikes—it was used for holding the curtains of the bedstead—I found this rope on Friday, 30th September, the day after I apprehended the prisoner, after I had left the police-court, at 6 o'clock in the evening, after the post-mortem examination had been made—I found it in a cupboard down stairs—I do not know how long she had been in the house—this is the piece of fluff I have alluded to (pointing it out)—it is on the side of the rail—it is an old bedstead; one side of it was close against the wall; you would pass it on entering the room—I went to the house on the Wednesday morning, about half-past 9 and examined the child—it was then warm; it was on the bed and dressed—I did not take the spikes out of the bedstead that the rail rested on.
EDWARD DENNIS HAYCOCK . I am a surgeon at Hackney—I remember the prisoner bringing the little boy to my surgery in September—I cannot fix the precise day, but it was about a week prior to the child's death; it was at that time suffering from an abscess at the side of the face—the prisoner said it was caused by an injury the child had received when falling on the stairs—I opened the abscess—there were no bruises about the face, except just round the abscess, which would be very likely to be the result of the injury she mentioned—two days afterwards, the prisoner came again with the child; the wound was then healing—the abscess was on the left side just below the cheek-bone—I asked her the first time, whether she was able to procure proper nourishment for the child—she said she was not, as the father of the child was away, and I then relieved her with some trifle to get some nourishment for the child, and it was much better the second time she came—the first time it came, it appeared out of health and generally weak—on Wednesday morning, the 28th, the prisoner came to my surgery about half-past 8 o'clock, and asked me to go immediately, as her child was dying or dead; she did not seem to know which—she was exceedingly excited with grief, frantic, and exceedingly distressed in manner—she went back to her house, and I followed her down the street—when I got to the house, I think 1 found her in the room—J went up into the bedroom, and found the child I had seen the week before, on the bed, with its head on the pillow, partially dressed—it had nothing on but its clothes—it was not covered with any sheet, or anything except its own clothes—it was quite dead—the body was quite warm; it could have been dead but a very short time—its face was clean, and the skin had a whitish appearance, as if it had been recently washed—there was a show of blood at each nostril—on the right side of the face there were numerous brusies, a very large one especially under the eye—the prisoner was behind me, and I turned to her and inquired how those brusies came—she said she did not know, as the child was in bed when she came home the night before, and she had not been disturbed by it all night, and when she awoke in the morning the child was dying, or very ill—she said she had been out all the previous day—the little girl Fanny was in the room at the time—I asked her whether she knew anything about these bruises, and I could get no distinct answer from her—I gave information to the police, and on the following day, the 29th, by direction of the coroner I made an examination of the body—I have here my notes made at the time—the examination was made thirty hours after the supposed time of death, at three o'clock in the afternoon—the body was clean and well nourished—the age of the child
was apparently about three years—the scalp was covered with very thin hair at the back part, the scalp was nearly bald, the hair was of unequal lengths at different parts of the head—on the lower portion of the left parietal bone there was a wound, just above the ear, half an inch in length, gaping in the middle, to the extent of quarter of an inch in length; there was a slight ecchymosis around it, and the surface of the wound was glazed as if it had been done some short time, the blood was dry and glazed over it—on the lower portion of the right bone on the corresponding side there was an ecchymosis as large as a sixpence—there was a small cicatrized wound, a wound of old date that had been, healed, in the same position—on the back part of the right ear towards the lower portion there was an abrasion of the cuticle and a slight ecchymosis—there was no corresponding appearance on the left ear—on the back part of the head there were many marks of old bruises of a yellowish tinge—on the face there were many small ecchymosis about the forehead, and nearly the whole surface of the right side of the face was covered with ecchymosis, the largest of which was under the eye—those ecchymosis on the lower portion of the face were in the direction of two curves passing from the chin towards the ear, narrow lines of bruises about half an inch in width—I made a sketch of the face—I particularly examined the state of the wound that was unhealed from the abscess, and the edges of it were still open, and there was a little blood inclined to ooze from it; it was not quite healed, otherwise it was in a healthy state—a bloody fluid, to the amount of about a drachm, exuded from the nostrils on turning the head to one side—under the chin there were extensive ecchymosis and a narrow abrasion, which I afterwards tried the cord with—there was also a large ecchymosis on the front of the throat—there was no distortion of features, the conjunctiva, or whites of both eyes were pale; the jaws very firmly closed so as only to be separated by great violence—the back of the left wrist, and the front of the right were marked by a line of ecchymosis of nearly half an inch in width; that line was continuous when the front of the left wrist was placed over the back of the right—there was no mark on the front of the left wrist or the back of the right, so that the hands must have been tied together; the same cord did not go round each separately—if that mark was made with a cord, the cord must have gone continuously round both hands—on the forearms there were marks of ecchymosis of different colours, and therefore of different date—there was a line of ecchymosis to be traced continuously across the chest, round the outside of both arms, and behind across the spine and shoulders, but most apparent on the right arm and on the chest; this line was not to be traced under either of the arms; if that was made by a cord, it must have gone over both arms and round the chest; the line was not be traced so distinctly behind as in front, only faintly—there were two lines of ecchymosis of older standing, across the loins, and numerous small ecchymosis over both legs and outside both hips—those were the whole of the external appearances—I have seen some portions of rope—I tried different portions of the rope to the different marks on the child, and each portion that fitted was marked accordingly—one rope fitted distinctly the marks round the chin, and another the marks round the hands—I subsequently removed the scalp and opened the head—on raising the scalp there were clots of blood on both the parietal bones, corresponding with the external bruises, and of very recent date—in many portions there were only stains, as if the ecchymosis had taken place some time previously, and the blood been absorbed—on the back part of the head there were several spots of extravasated
blood more recent than any of the others—on opening the head an enormous coagulum was found, covering the upper surface of the left hemisphere of the brain, on the right side of the head, a coagulum was also found in the lower portion of that hemisphere of the brain—the effusion of blood on the brain would explain the cause of death—the veins at the base of the brain were very much gorged with blood—the quantity of blood effused amounted to at least half an ounce; the brain and membranes themselves were perfectly healthy—there were slight traces of old disease in the chest, but from which the child had recovered some time previously—there were marks of old adhesion on both sides of the pleura, more particularly the left, but that was old disease—the ecchymosis over the windpipe was found to be of a very superficial character, and there was no constriction or narrowing of the larynx internally—I gathered from that that death was not caused by strangulation, the pressure on the larynx had been but slight, the bruise was only external—the stomach was quite empty, and the small intestines nearly so, the large intestines contained a small quantity of feculent matter, which indicated that the child had had but little food for some time previous to death—the child died from apoplexy; from the effusion of blood on the brain, resulting from the rupture of some small vessels—if a child were to be tied to a bed with its head hanging down, and was left in that position for several hours, the result would probably be apoplexy—there was no external mark that would account for death.
Cross-examined. Q. On what day did you make the post-mortem examination? A. On Thursday the 29th—I had not heard at that time that the child had been tied up—I did not find any remains of old inflammation in the membranes of the brain; I found some extravasated blood partially absorbed, under the scalp, but not in the brain; that was from an old bruise of a very trifling character—I did not find within the cavity of the skull corresponding marks to the two wounds on the left and right parietal bones; I did underneath the skin outside the skull—they were both recent injuries—there were old ones and new ones as well—when I saw the child it was quite recently dead; it was quite warm.
Q. Considering the state in which you found the child, do you think it possible that it could have remained with its head hanging down from 9 o'clock at night till 7 the next morning and then be alive? A. Yes; I think it is possible—from the evidence detailed as to the way in which the child was tied, it would have power for some hours to keep its head up, when the muscles became so tired that the head fell forward, of course, the fatal symptoms would be apt to ensue—a child tied horizontally would not have the power of keeping its head up for any great length of time—I think if its head was hanging down it would cause death within a few hours, but I cannot speak as to the precise number of hours, perhaps from six to twelve, but I cannot speak positively one way or the other—I think the fact of this being a weakly child would not make any difference—the inference I drew from the marks under the chin and round the head, was that its mouth was tied up by something—I examined the bandage that went round the head, and it would not correspond in the least with the marks round the cheek—the marks round the cheek, under the chin, and over the head were caused by a cord, and not by a bandage; it was a broad bandage—there, was no trace of the bandage having become hard or being rucked up; I examined it and it was perfectly flat—apoplexy from ordinary causes is hardly ever found in children of that age—I never met with such cases, and as a simple
disease I know of none—form whatever cause the blood vessels had given way the appearances would be the same—I have no experience of any child suffering from apoplexy, and I never knew any one that ever saw it—if it had been from an old injury the state of the blood would have been totally different—the blood would have been altered in colour and partially absorbed, but it was of a dark colour and very recent—I do not know that concussion sometimes weakens the blood vessels of the brain—as soon as effusion takes place to any considerable extent it produces insensibility, and loss of power and motion—the child was brought to me about a week before its death by the prisoner for me to attend to it—she also brought it herself a second time—it was then decidedly better, that was two days after the first visit—when she came to me on the Wednesday morning she was frantic with grief—she hurried home, and I followed her within a few yards—she was very anxious for me to come—I found the child on the bed partially dressed, it had on ft nightgown and a small frock.
MR. CLERK. Q. You have been asked if a child could live long if its head were hanging down; would that depend upon the amount of support the head might have had during the time the child was tied up? A. Entirely; and a little also upon the muscular strength of the child as to how long it would be able to hold its head up, and upon accidental causes which I cannot particularize—there seemed to have been a ligature passing from above the head round under the chin; if that had been supported by the bar it would have enabled the child to live for some time in that position—I did not find any injuries about the head that would make it more disposed to an attack of apoplexy—there were two portions of extravasated blood on the scalp, one within the brain; the latter was the cause of death—I should mention, that on examining the bed, the ping of the bed, to which the rail was attached, were found very much bent—I examined the bed myself after hearing this detailed account at the Police-court, and found the two pins very much bent, as if a heavy weight had been attached to the cross-bar—I have also tried, for the sake of the experiment, what a child of that age would be likely to weigh, and I found it was between thirty and forty pounds—experiments have been tried with the bar, which will bear a great deal more than the weight of the child—I think the child must have had some support to the head during the night to have been alive all those hours—I found a large mark under the chin; if a cord had been passed under the chin, and been attached to the rail above, that would have supported the child—I traced the mark all round the head, the line was not very distinct across the top—my belief is, that the band underneath the chin was put to keep the child quiet—from my examination of the wrists, I formed the opinion that the hands were tied in front of the body, because, when the hands were put in that position, they seemed to have fallen so naturally; the relative position of the hands would have been the same if crossed behind, but the elbows were slightly inflexed; it would depend mainly upon the position in which the arms were put just at the time of dying.
JAMES WHITE . (examined by MR. POLAND). I sent a Post-office order to the prisoner on the Tuesday night; that would reach her by post next morning—she was in the habit of sending to me once or twice a week, to let me know how the children were going on—I left the children in her charge when I went into service—their mother has been dead two years the 27th of last April.
MR. CLERK. Q. Had you sent her money on other occasions besides this?
A. Yes; I left her with 26s. when I went away, and I sent her four Post-office orders in three weeks, for 24s., 12s., and two half-sovereigns.
MR. POLAND. Q. She behaved kindly to the children I believe? A. Very kindly while I was at home.
GUILTY . of Manslaughter.—Ten Years' Penal Servitude.
NEW COURT.—Wednesday, November 30th, 1859.
PRESENT.—Mr. RECORDER; Mr. Ald. ROSE; Mr. Ald. MECHI; and Mr. Ald. HALE
Before Mr. Recorder and the Fifth Jury.
THOMAS ARTHUR (Policeman, K 326). On 3d November, about 4 o'clock in the morning, I was on duty in West-street, Mile-end—I saw the prisoner with a basket on his head—I followed him and asked what he had got; he said, some wet linen belonging to his father—I told him I did not believe it was correct, and he must go with me to the station—I took him there, and found in it 34 towels, and other linen, all wet—I found in his pocket these 2 brass candlestick's—when I took him he was about 150 yards from the prosecutrix's house.
CHARLOTTE FINKER I am niece to Mrs. Elizabeth Carter; I live with her at No. 5, East-street, Bethnal-green—on the night of the 2d November, I went to bed at half-past 10 o'clock; there was no one up after me—the doors and windows were all secure—I got up in the morning at half-past 6—I found 2 squares of glass cut out of the window, and the window open—I missed the articles produced—they are the articles that were in the house, and which Mrs. Carter had the care of.
GUILTY —He was also charged with having been twice before convicted.
JOHN SIMPSON (Police-sergeant, K 21). I produce a certificate—(Read: Worship-street Police-court, May, 1857; William Gable convicted of felony. >Confined Three Months)—I was present—the prisoner is the man.
CHARLES BROWN (City-policeman, 654). I produce a certificate—(Read: Clerkenwell Sessions, October, 1857; William Thomas, convicted on his own confession of house-breaking. Confined Twelve Months)—I was present—the prisoner is the person—he had been summarily convicted before that.
GUILTY— Four Years' Penal Servitude.
WILLIAM AMMENT I am assistant to William Isaac Miles, an ironmonger—on 11th October, the prisoner came and gave me this order; it is addressed to Mr. Miles, and signed, H. O'Brien—"Sir, be kind enough to send 1 saw, 1 short plane, 1 long do., 2 chisels and 1 hammer"—he said he had received the order from Mr. O'Brien three days since, and it ought to have been brought there before, and that Mr. O'Brien had left his house three or four days—I supplied him with the articles; some of them are here—I was about to pack them up, and he said he had better take a tool-basket to save my packing them, and he knew the man had no tool-basket—Mr. O'Brien had.
at Mr. Mile's shop; I knew it in the name of Tucker; I did not know the new firm—no portion of this order is my writing, nor is the signature—the prisoner had no authority from me to write this order—he was living in my house for a few weeks; he might work or not, as he pleased—his father recommended him to me to stop a hit with me.
WILLIAM FOY (Police-sergeant, T 9). On 17th October I apprehended the prisoner in a public-house in High-street, Brentford; I found him in bed—I told him I came to take him for passing a forged order—he said he knew nothing about it, and he never had any goods in his possession—I went to a public-house where I knew he had been lodging, and I found this tool-basket, and this plane, and hammer, and tools in it.
Prisoner's Defence. The order was given to me by a man who had been in the employ of Mr. O'Brien; he said he had gone to Frankfort, and the bailiffs were in his house, and I would not put the tools there.
GUILTY of Uttering.— Confined Twelve. Months.
There was another indictment against the prisoner.
JOHN SMITH I am waiter at Mr. Mawrigg's hotel, 1, Regent-street—the prisoner resided there from 19th October—I gave him his bill on the 25th, and he gave me this cheque for 4l. 8s.—I did not see the bill—it was enclosed in an envelope—(Cheque read: "Messrs. Beckett and Co. Leeds. Pay Mr. O'Leara, or bearer, 4l. 18s. and place it to my account. John Charles Stennett").
Prisoner. Q. Will you swear that I gave it you? A. Yes; without the stamp and the red mark—I gave it to Mr. Mawrigg.
DAVID MAWRIGG I keep an hotel at 1, Regent-street—the prisoner was there, and this is the cheque that was given me—I put the name on the back of it and took it myself to my bankers—it was returned on the 28th unpaid.
EMMERSON CRAWFORD I am clerk to Beckett and Co. bankers, at Leeds this cheque was sent to us—John Charles Stennett does not keep any account at our house—I don't know the prisoner—I never saw him—this is the cheque.
GEORGE SILVERTHORN (Policeman, A 493). I apprehended the prisoner on 5th November—I asked him what it was about the cheque—he said it was some mistake—I said, "Did you live at Mawrigg's?"—he said he did not—I took him to the station—he gave the name of Augustus Scott.
WILLIAM GRACE I am porter at Fenton's hotel—the prisoner arrived there on 29th October—he stayed about thirteen days—he gave me a piece of paper folded up—I asked him what it was; he said, "It is my bill," or "The amount of my bill; give it to the governor"—I gave it to one of the waiters—(Read: "Messrs. Seawards. Please to pay the bearer 10l. 17s. and place the same to my account").
Prisoner's Defence. I went to stay at Mawrigg's hotel in October, and had been there six days when the waiter presented me with my bill, asking me if I would give a cheque for the amount, and not having sufficient cash on me to discharge it, I wrote a cheque for the amount on Beckett and Co. knowing at the same time that they could not get it cashed, because I kept no account at the house; but the reason I did it was this, a person in the City, who is indebted to me upwards of 60l. had promised me the amount in three days' time, and when I was asked, I did not like to say that I had not got the money to pay it, but I thought I should be able to make all
right when I got my money. The next day I was in the Strand, and happened to meet my friend; I told him what I had done. He said he was going to Aldershott the next day, to receive some money, and when he got it, he would pay me without fail; when the next day came, I thought if I could be there when he got the money, I could get mine at once; I accordingly went to Aldershott, but before going, I left word at Mawrigg's where I was going, and if there were any letters for me the next day, to forward them to me, and also saying that I expected to be back in one or two days. When I arrived at Aldershott, I found my friend had been and had gone away an hour before I arrived; so I came back to London, and not liking to go back to Mawrigg's, as I had not got the money I expected, I went to Fenton's hotel, in St. James's-street—the third day I was there, I met my friend, when he gave me 4l.; I told him that was no use to me; he said it was all that he had, and he had a bill due on 10th November, when I should have the whole amount. On 5th November, Fenton's waiter presented me with my bill, when I wrote him out a cheque on Seward and Co. knowing also when I did it, that they could not get it cashed, as I kept no account at the bank, but as I was going to receive my money in five days, I thought I should be able to make all satisfactory. To prove that there was not the slightest intention to defraud any of the parties, when I had done it I did not leave the hotel, as a person would have done had he meant any wrong; but I was in the hotel three days after, expecting my money next day, when I was fetched by a detective. Had I known it would have turned out so serious a case, I should never have attempted it, as I had not the least intention to defraud any one.
MR. MCDONALD conducted the Prosecution.
FRANCES WILLIAMS I am single, and live in St. Ann-street, Westminster—on the evening of 7th November, between 8 and 9 o'clock, I went to the White Horse public-house in Orchard-street—the prisoner was there quarrelling with another woman—I advised her not to quarrel, and she came round and used very abusive language to me, and when I came out, she continued to call me bad names—I walked after her to know what cause she had for calling me such names—she went into her own house, and threw a jug at me—the jug did not strike me—she then brought out a poker, and struck me on the forehead—I fell to the ground, but in two or three minutes I got up and walked away, and went back to the White Horse—I then came out, and was going with another woman up Orchard-street, and the prisoner met me with a knife, and struck me in the left arm with it—I bled much, and was taken to the hospital—I was a week lying in bed.
Prisoner. Q. Did I not go in with my little boy to the public-house? A. I don't know; you was in before I got there—you was quarrelling with another woman—you called the little boy an Irish brat, and I said "You should not say Irish"—I followed you to your door; I did not follow you into your passage—I did not hit you at all—I had had a little drink, but I had but a penny when I went to the White Horse.
COURT Q. Where had you been drinking? A. In the Dog and Bowl—I went in there about half-past 5 o'clock—I stayed till 8 o'clock—I had two pints of beer there; no spirits.
Prisoner. Q. Did you not tell the Magistrate you were very sorry, that you struck me two or three times? A. No—the inspector did not say that I ought to be the last person to Jock anybody up.
SAMUEL COLE I am a porter, and live in Peter-street, Westminster—on the evening of 7th November, between 8 and 9 o'clock, I was in the White Horse public-house—there was a wrangle between the prisoner and another woman—the prosecutrix came in for half a pint of ale or beer—while she was standing there, the prisoner continued to wrangle—the prisoner's little boy was there, and she called him Irish—the prosecutrix said, "You should call nobody Irish"—the waiter put her out, and she went towards the prisoner's door, and the prisoner chucked. cut an old jug, and then she hit her with a poker or a broken shovel—the constable came and asked what was the matter, and the prosecutrix got up and walked to the White Horse, and came out again, and when she came out in the street, the prisoner made a stab at her—she bled a good deal, and was taken to the hospital.
Prisoner. You gave your name Cole. Witness. I gave my name what it is—my name is not Corden—I have not been tried—I was taken for an assault on the police—I did not say to your husband, "If it was not for your wife saying what she did I would not go against her"—I had never seen you before that night.
GEORGE HACKLE (Policeman, B 302). On the evening of 7th November I went to the prisoner's house—she was locked in her room—I called for admittance; she refused to open the door—I said I would break it open—I then took her to the station.
Prisoner. I was undressed. Witness. You had your skirt on and one boot.
JOHN WILLIAM MIDDLETON I am engaged at the Westminster Hospital—on the evening of 7th November the prosecutrix was brought in—she was wounded in the left arm near the elbow—it was a clean incised wound of some depth—it was caused by a sharp instrument such as a knife—she bled much, and seemed to have been bleeding for some time—I bound the arm up, and next morning she was seen by the doctor—I did not see her again.
COURT Q. Had she been drinking when she came in. A. I think she had—I smelt it.
Prisoner's Defence. On 7th November I called in at the White Horse to get a pint of beer; the prosecutrix came in; I had my little boy by the hand. I said, "There is a little Irish boy who has not washed his face to-day "—the prosecutrix struck me, and as I got into the passage she catched hold of me and tore my clothes; and one of her companions put her hand in my bosom and took out a handkerchief and some money. Many stones were thrown into my room; I took an old fire-shovel and went to the door to keep them off, and the sharp edge of the shovel struck her arm.
—KENNEDY I am the prisoner's son—my mother went to get a pint of beer for my father's supper—they knocked up against her—my mother ran out and they caught her and threw her down—the prosecutrix followed us, and they kept heaving bricks and struck me and my father.
Cross-examined by MR. MCDONALD Q. Were you in the public-house? A. No; I was standing at the door for a quarter of an hour—it was at night.
GUILTY of Unlawfully Wounding. Confined Six Months.
THIRD COURT.—Wednesday, November 30th, 1859.
PRESENT—Mr. COMMON SERJEANT and Mr. Ald. CONDER.
Before Mr. Common Serjeant and the Seventh Jury.
42. WILLIAM POST , and WILLIAM WARD , Unlawfully conspiring with other persons to molest the workmen employed by George Trollope and others. Second, Third, and Fourth Counts for unlawfully threatening certain workmen. Fifth Count for assaulting Frederick Wood>. They
PLEADED GUILTY to the Fifth Count.—Discharged on their own
recognizances to keep the peace.
MR. COOPER conducted the Prosecution.
THE REV. THOMAS RATCLIFF I am a clergyman, and live at Trinity-square, Southwark—on 9th November I was in Farringdon-street between three and four o'clock—I was in Farringdon-street, and suddenly found myself in a set of boys—I had a great deal of money about me and was doing my best to secure it, when I felt my watch-guard pulled, and detected the prisoner in great confusion—I said, "You have stolen my watch"—he said, "I have not got it"—I said, "You have it in your left hand"—he said, "I have not"—I tried to reach his left hand, having secured his collar with my left hand—he stretched out his left hand, and a dozen of his confederates held out their hands to take the watch—the prisoner dropped it into the mud—I never relaxed my hold of him, but took the watch out of the mud, and then delivered the prisoner to the police—my watch was worth 25l.—I found my guard cut by some sharp instrument.
I was waiting to see Lord Mayor's show—there was violent pushing and I caught the gentleman's chain, but did not know it was that He accused me of having the watch in my hand; I said that I had not; he turned round and saw it in the gutter.
GUILTY — Confined Nine Months.
There was another indictment against the prisoner for stealing a lady's watch
on the same day.
MR. GENT conducted the Prosecution.
MARGARET MAHONEY I live at 8, Hayes-court, St. George's—I was in the Crooked Billet, Tower-hill, on Thursday, and saw the prisoner there—I told him I would tons him for a pint of ale—he said, "I will"—I won it, but he would not pay for it, and we did not have it—I then tossed him again and won, but he would not pay for it—in a few minutes he struck me on the nose, and I struck him with a pint pot and cut his lips open—he went outside the door, waited about five minutes, and came in again with a knife open in his hand, with which he stabbed me twice on the back of my head and once on my shoulder—here is the hole where the knife went through my mantle—I ran for my life, and the next thing I remember was finding myself in the London Hospital.
Prisoner. Q. Did not you call me very bad names? A. I did not—I hit you with a pot and made your lip bleed—I only struck you once—I did not run after you; I never went out of the place—you went out directly I struck you—I am sure you were gone five minutes.
ROBERT RENFORTH I am potman at the Crooked Billet—last Thursday evening I saw the prosecutrix there inside—the prisoner was outside bleeding from his mouth—he walked inside, and after he had gone a yard or two, I saw an open knife in his hand—he made a rush at the prosecutrix and
stabbed her twice on the head and once on the shoulder very severe blows—he said nothing—I gave him in custody—it was all done in two minutes—the girl bled from her head and shoulder, and became insensible.
GEORGE LOWEN (Policeman, H 77). I was called and took the prisoner—he said nothing then, but as he was going to the station he said that he had got the worst of it—his lip was cut and was bleeding; it was afterwards sewed up at the station—this knife (produced) was given me by a man standing by, who I saw pick it up in the middle of the street—I saw the girl bleeding from the head and insensible—there was no blood on the knife, as it was covered with mud—it was a wet night—the man said, "Here is the knife the man did it with"—the prisoner heard that and said nothing.
Prisoner's Defence. I went into this house to get some refreshment—this girl pounced on me and asked me for drink—I refused, and she asked me to toss her; I declined—she called me filthy names—I remonstrated with her and she struck me on the head—I was going out and she up with a pot and cut my lip right through—the knife does not belong to me, and I never used one; she must have done it herself in, the scuffle—there is a gang of women always there wanting to toss, but if they lose they do not pay, and they strike the men and have a lot of bullies round to thrash them.
GUILTY —Recommended to mercy by the Jury on account of the provocation.— Confined Four Months,
FOURTH COURT.—Wednesday, November 30th, 1859.
PRESENT—Mr. RECORDER; and Mr. Ald. HALE
Before Mr. Recorder and the Fifth Jury.
CHARLES WEBSTER I live at 18, Duke-street, Portland-place, and let lodgings there—just upon 1 o'clock in the morning of 2d November, I went to bed—I had previously seen the door quite safe—when going to bed I heard a key put into the door; the door was very quietly opened, and some one went stealthily along the passage, passed through the back door to the yard, and crossed the yard to the closet; opened that door, making a creaking noise; they then came out across the yard, and then returned to the closet, and shut the door—I listened some time—I thought it was a lodger—after waiting some time I thought it strange and went out to see who it was—I called out, "Who is there?"—a very gruff voice said, "Jack "—I said, "Who is Jack? what is your name?"—he said, "Jack"—that was all I could get—I tried to pull the door open but resistance was made inside—I made two or three pulls and at last I got it open, and then I saw the prisoner standing in a crouching position as if he were going to pounce upon anybody—I asked him what he wanted there—I dragged him out, sent for a constable, and gave him into custody—I hold him till the constable came—I saw the constable search him, and take from him a bag with some keys—the prisoner dropped a key on the mat—I saw that key tried, and found that it opened the door—I know nothing of the prisoner—nothing was taken.
CHARLES WALKER (Policeman, E 62.) I was called by the last witness, and took the prisoner into custody—I found some keys on him, and this bag with these things in it (produced)—I picked up the key which fell on the
mat, and found that that opened the door—the prisoner appeared to be very drunk, but I am quite sure he was shamming—when we got to the station he appeared to be sober enough—he refused his address; at last he said Charlotte-street, Portland-place, and afterwards he said 11, Little George-street, Chelsea—I went there—there is no such number—nine is the highest.
Prisoner's Defence. There was a female standing by when I was passing the prosecutor's house, who asked me to open the door, and said she would give me a glass of ale; I opened the door; there was a light in the passage and I went through into the back yard as I wanted to go there; I thought there was no harm; I had been there two or three minutes when the prosecutor came out; the female came in when I was standing there speaking to the prosecutor.
COURT to CHARLES WEBSTER Q. Was there a light in the passage? A. Yes—no female came into the house at the time—I am very particular about the door, and I was listening every time—one of the lodgers came in while the prisoner was in the closet, but not before that.
The prisoner was further charged with having been before convicted.
THOMAS DOWNES (Policeman, T 124). I produce a certificate (Read: "Central Criminal Court, October, 1856; William Chambers convicted of burglary; Confined Eighteen Months.) I had the prisoner in my custody—he is the man then convicted.
GUILTY— Confined Two Years.
OLD COURT.—Thursday, December 1st, 1859.
PRESENT—Mr. BARON BRAMWELL; Mr. Ald. HUMPHERY; Mr. Ald. ROSE;
Mr. Ald. MECHI; Mr. Ald. ABBISS; and Mr. COMMON SERJEANT
Before Mr. Baron Bramwell and the Fourth Jury.
The Grand Jury having ignored the bill in this case, MR. METCALFE for the prosecution offered no evidence against the prisoners on the inquisition.
MR. PLATT conducted the Prosecution.
GUILTY — Death recorded.
NEW COURT. Thursday, December 1st, 1859.
PRESENT—Mr. JUSTICE BYTES; Mr. RECORDER; and Mr. Ald. ABBISS
Before Mr. Justice Byles and the Fifth Jury.
48. FREDERICK FEAST (16) , Burglariously breaking and entering the dwelling-house of Moses Harris at Whitechapel, and stealing therein 9 pain of boots, 1 pair of slippers, and 1 pair of upper-leathers, his property; to which he
PLEADED GUILTY †— Three Years' Penal Servitude.
PLEADED GUILTY — Three Years' Penal Servitude.
MESSRS. CLERK and BEASLEY conducted the Prosecution.
JOHN WILSON In July last, I was cook and steward on board the British ship Medina—she was lying off Lagos, on the west coast of Africa—the prisoner was a seaman on board, and also the deceased Edward Hyland—one of her Majesty's ships, the Medusa, was lying near us—on 11th July, about 8 In the evening, I saw the prisoner and the deceased lying together on the fore-hatch—I went up and found they were arguing—they were both drunk—Hyland was the worst—he had the hiccups, and the prisoner said that he was trying to frighten him out of them—I left them, came back in about 10 minutes, and Boland was then standing by the starboad fore-rigging—Hyland was coming across the deck, between the foremast and the foredeck, towards Boland—they were about three yards from one another—Hyland had a broad clasped knife open in his hand—I took hold of him, and said, "For God's sake, do not use your knife"—he threw me away from him—I ran, took hold of him again, and said, "For God's sake, Ned, give me your knife"—he gave it to me, and I threw it away—I cannot say whether it went on deck or overboard—he then immediately struck the prisoner twice in the face with his fist—they took hold of one another, and I saw Boland's right arm round Hyland's waist, with a sheath knife in his hand—that is a knife which is always open—it is about tea or twelve inches long, with a sharp point, and goes into a leather case at the side—it is what sailors generally use—it was unsheathed—the broadest part of the blade was an inch and a half or three quarters—it was not sharp at both edges—I took hold of the prisoner's hand, and tried to get it, but could not—I cried for help and could not get any—the prisoner suddenly jerked his hand away and cut my fore finger—he swore by God that he would not let it go—I went and told the mate, George Farrow—I did not go back with the mate, but I turned round and saw them scuffling in the gangway, and in, a moment I saw Hyland fall on the deck—I had not seen them separate at all—I saw blood where he fell, and went on board the Medusa for a doctor—a boat was lowered for the purpose, in which the prisoner assisted, and went with me; and as we were going, he said that Hyland had stabbed himself—I came back with the doctor—Hyland was carried into the cabin—the doctor examined him, and I saw that his bowels were out on his left side, and they were hacked in two or three places—there was another stab on his left shoulder behind, pretty deep; and I believe a third wound on his hip—the doctor attended to him, and went away about half-past I that night—he lived to half-past 1 next day—up to this time I had never seen him sick—his age was about twenty-three, I think—they had been on the ship about four months—I had never seen them fighting before, but have seen them arguing a little; a little angry.
GEORGE MORTIMER FARROW I am mate of the Medina—I remember being in Lagos Roads on the 11th July—the captain had gone ashore, and I was, in charge of the vessel—I heard a disturbance on deck, went up and met Wilson—I saw the prisoner and deceased fighting—I asked what they were quarrelling for, but got no answer—the deceased fell on the deck, bleeding from; two or three wounds—I saw nothing in the prisoners hand—I asked him what he had been fighting for? and said that I believed he had been using a knife—he said he had no knife—he was in liquor—a doctor came from the Medusa—after the deceased was carried into the cabin, he vomited—he appeared to have been drinking a good deal—in the course of the night, I was sitting by
the skylight—the deceased was lying directly under the skylight, and a person on deck could see him—the prisoner looked down upon him, and said, "What be has got, was intended for me; and if he had not taken a knife to me, I should not have taken one to him; and he has cut my head"—it was dark and I could not see any wound about him—he did not complain to the doctor, to my knowledge—I never knew him quarrel before.
Cross-examined by MR. SLEIGH Q. Is he a very quiet, well conducted seaman? A. Yes.
ROBERT WOODMASS On 11th July, I was a seaman on board the Medina—I saw the prisoner and the deceased quarrelling about 2 o'clock—they got a cask of ale out of the hold, opened it, drank it, and about an hour afterwards, I saw them playing at cards—towards the evening they were sitting on the forehatch—it was getting dark, and they began quarrelling—the prisoner was in liquor, but not so drunk as Hyland was—I was using the prisoner's knife doing something to the rigging—I had it in my hand or 10 minutes—he got up, came to me, and asked me for it—that was about half-past 7; and after the quarrelling began, be went to the other side of the vessel, and I saw him put it into the sheath—I saw them quarrelling afterwards, but I kept out of the way—presently I heard that a boat was being lowered as there was a man killed—the boat was lowered about 20 minutes after I gave up the knife.
Cross-examined. Q. Was the deceased not only drunk, but furious? A. Yes, he was mad drunk—the prisoner had always been a well conducted peaceable man—they were very good friends up to that time—every seaman carries a knife; but I had not got mine, and wanted one to cut something.
COURT Q. Did you see Hyland's knife taken away? A. No—I do not know whether I gave the prisoner his knife before or after Hyland's knife was taken away by Wilson.
JOHN BROWN BOSS I am a surgeon, and have been in practice in London for some years—if a wound is inflicted on the abdomen with a knife, so that the bowels protruded, death would be likely to occur within a few hours; and if the intestines obtruded and were cut, the wound would be fatal within a short time: internal hemorrhage would probably be the cause of death; the perforation of the intestines at that part is of a very dangerous character.
Cross-examined. Q. Might the intestine protrude through the external wound without itself being lacerated? A. Yes; and on the wound being inflicted, the omentum would be likely to protrude as well as the intestine; but there is hardly anybody so ignorant as not to know the gut when they see it—the peritoneum has a bright shiny appearance, and supposing the intestine in passing through the wound pushed the peritoneum before it and a portion of the omentum, an unpractised eye might mistake it for the intestine itself—I have operated for hernia, and have had cases in which not only the gut, but the omentum protruded—I have seen the omentum protruded in greater proportion than the gut, and perhaps an unpractised eye could not detect one from the other—if the intestine is no lacerated, but merely protruded, and is replaced, the person might recover; it would not be so dangerous: even supposing peritonitis sets in; it is not incurable—a person having received such a wound at this might die hours afterwards or days afterwards from aneurism of the heart or apoplexy.
MR. CLERK Q. If death were to ensue within twelve hours from' such a
wound, would you, as a medical man, have any doubt that death was caused by that wound? A. No.
GUILTY of Manslaughter.— Three Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
MICHAEL LINAHAN I live in Golden-lane—I had a daughter named Ellen, two years old; she was brought to my house dead on 9th November, between 11 and 12 o'clock; she had been killed—I know nothing of the circumstances—I have three other children.
SARAH DOWDELL I am married, and keep a chandler's shop—on 9th November, between 11 and 12 o'clock, I was standing in the shop and heard a crash—I ran out, and saw the child picked up out of the gutter, and as it was picked up, it's brains dropped out—I could not see how soon the prisoner stopped his horse; I afterwards ran across the road.
Cross-examined by MR. SLEIGH Q. What first attracted your attention? A. The crash of the child's head; it had been run over when I looked out—this is the first time I have given evidence—I heard of the coroner's inquest, but did not go.
WILLIAM DILLON I am a labourer, of 5, Vine-court, Bell-alley, St. Luke's—on 9th November, between 11 and 12 o'clock, I was in Golden-lane, and saw a little boy, between six and seven years old, leading a giri about three years old across the road—I saw the cart draw up; the boy had got safe on the pavement, and the girl had one foot on the pavement when the wheel caught her and ran right over her leg, and up the body, and right over the back part of the skull—I noticed the prisoner and the cart before it came up—he was standing between two piles of wood which were on each side of the cart—he appeared to be driving, I thought, but I did not observe whether he had any reins—he was looking sideways, as if he was turning round with one band towards the horse, and being so short, I thought he was in a stooping position—I halloaed, and that caused other parties to scream out.
Cross-examined. Q. Was he driving at a quiet jog-trot pace? A. Yes; a steady pace, not fast—I do not know whether he had the reins in his hands, because my attention was attracted to the child—he appeared to be driving in the usual way from the position he was standing in—the children live in an alley on the opposite side of the road to that which they ran to—they ran out of the alley and across the road.
COURT Q. Was the cart going towards London, or away from it? A. Towards Cripplegate Church; the pavement was on the prisoner's left hand—I saw the children three or four feet from the kerb coming up to it; there is only room in the lane for one carriage to pass; it is very narrow—I was examined at the inquest. (MR. SLEIGH proposed to ask whether the Coroner's Jury did not return a verdict of Not Guilty: to which MR. LILLEY objected, as the Inquisition itself would be the only proper evidence of that fact. THE COURT was of opinion that as in the case of a verdict of Not Guilty, no Coroner's inquisition would be returned to this Court, but the verdict entered on paper would be deposited with the Clerk of the Peace for the county in which the transaction occurred, that MR. SLEIGH was not at liberty to put the question.) I did not see the prisoner sworn before the Coroner's Jury, but I saw him speak to the Coroner.
MR. LILLEY Q. Did you see the cart stopped? A. Yes; the prisoner jumped out and stopped it three or four feet from the place where the child was run over; that would be as soon as he could stop it.
Cross-examined. Q. Were you examined before the Coroner? A. Yes; the prisoner was not sworn—I did not hear him make any statement.
MARGARET KELLY I am the wife of Cornelius Kelly, of 2, Pump-court, Golden-lane—I saw the cart coming up before the little girl fell, and saw her fall—the prisoner had no reins in his hand; he had his back turned round stooping to pick up something—his back was to the horses, and the reins were hanging loose—I cannot say whether they were attached to the cart—I screamed out.
Cross-examined. Q. Was the cart being driven at a very moderate pace? A. It was not running or walking; it was at a slow trot—I did not see the reins in the cart at all, but the lower part of them were on the horse's back—I was standing five or six doors off; the cart was going past me at the time the child was killed—I was examined before the Magistrate—I said before the Grand Jury yesterday, that the prisoner had his back to the horse, stooping to pick up something, as well as saying it before the Magistrate—I did not see two children run across the road.
MR. LILLEY Q. How long had the horse and cart passed you before the accident? A. About four or five doors; the child was within view of me when she was knocked down.
MARY ELLIOTT I live at 148, Golden-lane—I was there between 11 and 12 o'clock on 9th November, and saw a little girl with one leg on the kerb and another in the kennel—I was close to her; as near as I am to you—a horse and cart came up driven by the defendant—he was stooping down when I first noticed him; his face was towards me and his back turned from the horse—I screamed to him to stop—I did not notice where the reins were, I was so surprised—I said, "Stop, stop; or else you will kill the child"—I saw the wheel go over her.
Cross-examined. Q. Did you see the child come out of the alley? A. No; but I saw it run across the road; it is a very narrow road; but the wheel of the cart was in the kennel—it was on the right kerb going down Golden-lane.
MR. LILLEY Q. Can you judge how much width remained between the kerb? A. Well, if he had been this far from the kerb, he would have saved the child's life—there was another child leading her.
COURT Q. Suppose the man had been looking straight forward, would the child have been on his right or on his left side? A. His right; the same side as he was driving down; this is my right hand—I was going the same way as the cart—if I had been riding on the cart, with my face towards the horse, the accident would have occurred on my left side—it would have been the left wheel.
The prisoner received a good character.
NOT GUILTY .
MR. DICKLE conducted the Prosecution.
PATRICK CONNOR I live in Shepherd's court, Old Nichol-street, spitalfields, and am a coal porter—on 6th September, I went home quite sober about half-past 5 o'clock—I had seen the prisoner before—he lives two doors from the court—I came out about half-past 12 o'clock in the night, and told my wife to come in doors, and not to be quarrelling with the prisoner at that time—the prisoner was calling her all sorts of filthy names, and I told him if he did not leave off I would knock his head against the stones—he said, "I will go and fetch something that will settle you"—he left me, and I went in doors to my family—I remained about 10 minutes, and the prisoner came up the court to my house—I heard a noise outside the door, opened it, and saw a policeman, and my wife, and the prisoner's wife—directly I came out, the prisoner's wife struck me in the face across the policeman's arm—I turned round to the prisoner and said, "If you do not take your wife down the court, I shall thrash the pair of you before you leave the place"—he turned round and hit me on the side of my head with his left hand, and with his right he shoved an instrument into my left thigh—I told the officer to lay hold of him for he had stabbed me—I took off my neck handkerchief and tied it round my thigh, which bled very much—we went to the station—I was taken to the hospital, and was there seven weeks and three days—I am still an out-patient, and am a little lame from it now, but shall get better—the prisoner had challenged me to fight previous to this.
Cross-examined by MR. RIBTON Q. Was there a great crowd? A. No; only the policeman and me, my wife and the prisoner's wife—the two women were not fighting—the prisoner and my wife had had some words—I believe the prisoner was the worse for liquor—I did not notice whether my wife had had any—the others were two yards away from me at the time I was struck—my wife had been out for six or seven hours—I do not know that she had been drinking with the prisoner; she is not here—I did not strike the prisoner—they were all two yards from me at the time I was hit, except the prisoner, he was close to me—no knife was found—I saw no knife in my wife's hand.
SARAH NOLAND I am the wife of Edward Noland a hatter, of 6, Pearl-row, Spitalfields—on 7th September, I lived at 47, Old Nichol-street, at the corner of Shepherd's-court—the prisoner and prosecutor are both neighbours of mine—between 12 and 1 o'clock that night I was in bed and heard a noise under my window—I heard the prisoner and the prosecutor's wife having high words, and he called her very bad names—the prisoner said he would go up stairs and get his knife and do for the crew of them—his wife said, "Don't, don't"—he went up stairs, and shortly afterwards I heard the prosecutor say, "Oh dear, oh dear, I am stabbed"—I put my clothes on; came to the door, saw the prisoner in custody, and the prosecutor holding his left thigh, saying, "I am stabbed."
Cross-examined. Q. Are you a friend of the Connors? A. Only by being neighbours—I have known them between three and four months—I am neither a friend or a relation of the prisoner's—I cannot tell you who was in the court, because I was not further than my door.
and found a large deep wound on the outer and upper part of his thigh—it went inwards four or five inches—the whole of my finger was immersed in the wound in probing it—it went just behind the large vessel of the thigh, and it seemed strange that it had not injured it—it was a most dangerous wound; very deep, but narrow—I had to stop the bleeding by plugging it, so as to stop the hemorrhage till he arrived at the hospital—the whole floor was covered with blood, and he was lying on his back exhausted by hemorrhage—as far as I can judge a knife inflicted it—it was in a lineal position, of from one to two inches wide.
Prisoner. Q. Did you hear Connor describe the way in which I struck at him; and did you not say to the Magistrate it could not be done in the way he described? A. I said that it was more likely to be done in some other way; because if he struck him in this way it would take him on the outside of the hip, and it would go inwards and downwards; and I conjectured that that was the way the wound was inflicted.
MR. LILLEY Q. Supposing the man was left-handed, would that alter your judgment? A. No; it would depend upon the position of the two men.
JOHN GEORGE BRADEN I was house-surgeon at the London Hospital on 8th September—I first saw the prosecutor on the 10th—he had then been there three days, and was going on pretty well—the gentleman who first attended him has left the country—about three weeks afterwards I was called up to him in the night, as a sudden hemorrhage had come on—I enlarged the wound to the extent of four inches, and tied two vessels—considerable hemorrhage attended it.
WILLIAM SWALLOW (Policeman, H 170). About 1 o'clock in the morning of 7th September, I was on duty in Old Nichol-street, and saw the prisoner at the top of Shepherd's-court, with nothing but his trowsers and shirt on, and a strap round his waist—he said that be would dash some man's brains out, but I did not hear the name—I said, "Why don't you go in doors?"—he said that he should not, and started up Shepherd's-court, followed by his wife and myself—I saw Mrs. Connor standing at her door—the prisoner said to her, "If your husband does not come out, I will give you a dressing"—Connor then came to the door, and said to his wife, "Come in doors, and drop it for to-night," but she refused to do so—I saw the prisoner's wife strike at Connor, on which he said, "Take that woman away, or I shall strike her"—I moved her with my left hand, and the prisoner went round in front of me, and struck two blows at Connor—his left hand went to his head and his right to the lower part of his person—Connor halloaed out, "Policeman, I am stabbed"—he pulled down his trowsers, and there was a quantity of blood pouring down his thigh—I took the prisoner to the station; returned to Connor's house to search for the knife, and found a quantity of lucifers and some blood on the ground—on the way to the station, the prisoner struggled, and said that if he had got the knife, he would do for me as well.
Cross-examined. Q. Where were you standing at the time you saw him strike the blow? A. Close by—Mrs. Connor was about a yard and a half from him—I saw nothing in his hand—he was very drunk—if there had been a knife in his hand, I could not have seen it—I did not see him thro anything away, because I turned round to see the wounded man—the woman went down to the station—Mrs. Connor was not drunk, but she had had a drop of drink.
MR. LILLEY Q. What light was there for you to see the knife? A. I had my lamp in my hand, but his back was towards me when he struck Connor—I had still an opportunity of seeing that his hand and body were in motion.
GUILTY — Four Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
CHARLES BRANDON I am in the employ of Joseph Page, when he has got work for me to do—on 3d November, I was acting as watchman for him, and left the premises safe at 10 o'clock at night—I tried the doors before I went to rest, but the windows I left to Mr. Page—about 2 o'clock in the morning, I was awoke by a scuffling under the window—I looked out, and saw the prisoner and Williamson the policeman scuffling—I saw them fall—the prisoner said to the policeman, "You b—, I will rive you something"—the prisoner got away, and the policeman sprung his rattle, and called "Stop thief!"—when he was brought back, I went down stairs and found the shutters broken open, the bolts forced off, the catch off, a pane of glass broken, and everything had been shifted—the desks had been forced open—I picked up this bolt in the street, about half-past 7—it was missing from the shutters.
WILLIAM WILLIAMSON (Policeman, H 73). On Saturday, 3d November, about 2 o'clock, I was on duty in King-street, Spitalfields, and met three men coming out of King-street—I stood at the dark entry of the court a few minutes, and saw them return again—I could not see at that distance that either of them was the prisoner, but they walked right up to Mr. Page's, and stood at the shutters, near a gateway—the third man was in the carriage-way—I do not know who he was—some females then came along the street, and they all walked under the railway-arch—in two minutes two of them returned—the prisoner was one of those two—they got up against the shutters again, and in about two minutes, one of them disappeared—I then saw the prisoner get partly into the counting-house window, but he came out again, stood on the pavement, and looked back in the street—he then got partly in again, and I ran up and caught him in that position—I did not see the other man get in at the window, but he was standing near it when he disappeared—the prisoner said, "If you don't let me go, you shall have it," striking with his fist—the other man then jumped out at the window—I struggled with the prisoner—his coat came off piece by piece, and he ran away—I ran after him, springing my rattle for about twenty yards, and saw him stopped by another policeman, without losing sight of him—I brought him back, and we found the shutters open, and one of the writing desks in the counting-house open.
Cross-examined by MR. RIBTON Q. What height is the window from the ground? A. The bottom ledge is about three feet—there is a desk at the other side—the other man walked past me first, from the archway, and the prisoner next—I cannot say whether the window was open—there was about ten yards between them when they came from under the archway, and they had to walk about sixty yards to the window—I did not see the other man get in at the window, but I lost sight of him—the prisoner said, at the station, that he was merely looking in at the window.
MR. LILLEY Q. How soon after the disappearance of the first man, did the prisoner come in? A. About a minute—it must have been the same man who
came out, that I saw disappear—there were no other persons in the street.
JOSEPH PAGE I am a builder, of 22, King-street, in the parish of Christ Church, Spitalfields—on the night of 1st November, I secured the window shutters and the desks in my counting-house—when I returned next morning, the shutters had been forced open and the two desks—I missed this measure-tape and a powder-flask, which I had seen safe at a quarter before 6 the night before—they are mine—the counting-house is part of my dwelling-house—the window faces the street.
GEORGE LAMBERT I am a coal porter, and work for Rickett and Smith, at Shoreditch station—on 2d November, as I went to work, I found this powder-flask, measuring-tape, and crowbar in one of the arches, about one hundred yards from Mr. Page's house.
WILLIAM WILLIAMSON (re-examined). This small crowbar is usually termed a jemmy—I compared it with the marks on the window and desks, and it corresponded exactly—I cannot swear that the men who came from the arches are the same men that went in, neither can I tell that the man that came from the arches was the prisoner.
GUILTY —He was further charged with having been before convicted.
HENRY JACKSON . I produce a certificate—(Read: "Clerkenwell Session, September, 1853; William Mann, convicted of robbery and stealing a watch and I money. Sentenced to Four Years' Penal Servitude.")—I was present—the prisoner is the person.
GUILTY— Five Years Penal Servitude.
THIRD COURT.—Thursday, December 1st, 1859.
PRESENT—Mr. Ald. MECHI and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and the Eighth Jury.
PLEADED GUILTY — Confined Six Month.
MR. LANGFORD conducted the Prosecution.
CHARLES HANCOCK I am landlord of the King's Arms, in Oxford-street—I have known the prisoner about six months—on 20th or 21st September he came to me, and asked me to cash this cheque for him—he produced me this letter—when I read it and saw that the signature on the cheque and the letter corresponded, I gave him the cash, 4l. 15s.—I sent the cheque to my bankers, and it was returned to me—the prisoner did not say that the person who drew the cheque was the same that wrote the letter—(Cheque read: "To the Gravesend Banking Company. Pay Marinne, 24, Portman-street, or bearer, 4l. 15s. on Commercial Bank, Lothbury. Thomas Williams." Letter read: "37, West-street, Gravesend. Sir,—I am astonished to think you have applied through a solicitor for the balance of your wages when employed by me at Rosherville. I however beg to hand you my cheque for 4l. 15s. drawn on the Gravesend branch, but payable in London, at the Commercial Bank, Lothbury—I beg to remain yours, Thomas Williams.")
there never has been—our bank has no authority to pay this cheque—I don't know anything of Thomas Williams—as far as I am able to judge, I I should say decidedly that this cheque and this letter were written by the I same person—this writing on the cheque, "No advice" is my writing.
COURT Q. You never could have been liable to pay it? A. No; it is not the name of any customer of our's—I know nothing of the Banking Company.
ROBERT PACKMAN (City policeman). On 27th October, between seven and eight in the evening, I went to 71, Praed-street, Paddington—I saw the prisoner—I told him I was a police-officer, and that he on or about 20th September, presented a cheque to a person named Hancock, who kept a public-house in Oxford-street, and at the same time produced a letter representing it was wages for work done, and knowing that cheque to be a forged cheque—he said, "That is true"—I then said, "You must consider yourself in custody on that charge"—I showed him the cheque and the note, and he said "They are both the same, I should not have done it only I wanted to get some money to go to Paris to see my mother who lay dying at that time—I had both the cheque and the note from a person of the name of Moody"—I took him in custody—I found three duplicates on him, but no money.
Prisoner's Defence. I did not say that I knew the cheque was not genuine—I acknowledged having passed it—Moody represented to me that he had it from a gentleman—I wanted a little money to go to see my mother—and he told me I might have it—I can't write or read.
MR. ORRIDGE conducted the Prosecution.
JOHN HASTINGS I am a labourer, and live in Victoria-street, Paddington—I met the prisoner in Holborn on Wednesday week—he was a stranger to me—he asked if I would have a glass of ale—I said I did not mind, and we went into a public-house in Cannon-street and had a glass of ale, and there came in two or three more men, and one of the men had got a lock, and he made a bet with the prisoner of 15l. that he would not open the lock before the other man could count ten—the prisoner had no money with him, and he asked me to lend him enough to make up his bet—I said I did not mind—he did not put any money down himself—he said I should have mine as soon as the bet was over—I put down 11l.; they went on with the bet—the prisoner said, I will give you your money as soon as it is over—the prisoner showed me the lock, and he opened and shut it to me several times—when I had put my money down he tried to open the lock and he could not do it—the man that was betting against him then took the money and went out—I got hold of the prisoner and would not let him go—he said, "I will pay your money; what do you want with me"—I said, "Well, give it me"—he then said, he had not got any money and could not get any—I had nothing to do with the bet—if the prisoner had won I was not to have got anything—I was going down to the docks, where I expected to find some gold that had been sent me by a cousin—I had told the prisoner that.
Cross-examined by MR. METCALFE Q. You lent him the money to make up the bet? A. Yes; I saw how easily the prisoner opened the lock—I expected he would win the bet, and I was quite sure to get my money—I did not think how I was to get my money if he lost the bet.
at quarter before 10 o'clock that day—I saw prosecutor holding the prisoner by the arm—he said, "I give this man in charge for stealing 11l. from me in a public-house in Cannon-street—I found on the prisoner 2 1/2 d. a box, and this stick—he gave his address at 6, Highbury-terrace, or Crescent, City-road—he said it was about 200 yards from the Eagle, and between the Eagle and the Angel.
GUILTY — Confined Six Months.
MR. ROBINSON conducted the Prosecution.
AUGUSTUS REINHAM I am a wine merchant, and live in Miles-lane—I have been there about twelve months—I have a banking account at the Bank of London, and another at the County Bank—at the end of October I purchased 700 dozen of beer of Mr. Perks—I have known the prisoner about three years—he carried on business in Great St. Helen's, and he became a bankrupt—there had been no connexion whatever between him and me in business—on 26th October he came to me relative to this beer—he said, "You are aware that I served my apprenticeship in that line of business: I know perfectly well how to store it; if you like I will attend to it"—I said, "I have no objection to give you a job for a few days"—he asked me what he was to have a day—I said, "I give the men 5s. and I will give you 5s. 6d."—we parted on the understanding that he was to come and attend to it the next morning—Eldridge, my boy, was present at that time—next morning, Thursday, I came down about ten o'clock; I found the prisoner there—I left about seven o'clock in the evening, just before the last load came in—I left the prisoner there going on with the last lot—Eldridge was there—it was his duty to lock the cellar, and take the key with him, and come the next morning and open the cellar—I went the next morning, Friday, about eleven o'clock—I found the warehouse closed and the place all closed—I did not go to the prisoner's house immediately—I went to inquire of the men and my boy—I went to the house where my boy left the key—I found the key at a public-house—I went to see if anybody had been in my place—I found the cellar-flap had been broken—I went to Broad-street to where the prisoner lived—I went to his place about one o'clock—I knocked at the door—I did not see the prisoner—I saw some beer there—I could not say how many bottles—a large quantity, fifty dozen perhaps—I could tell that it was my beer—I took a cab and went to Mr. Perks—I went again to the prisoner's place—I did not see the prisoner—I saw a woman who said, "Mr. McKennall is gone to your place"—I went back and he was not there—I afterwards went with two officers, and found him and gave him in custody—I got his address on Friday before one o'clock, in a court in Broad-street; there is no pawnbroker's there.
Cross-examined by MR. SLEIGH Q. What is your name? A. Reinham—I have never passed by any other name—I have been sixteen years in this country—I have been in Paris; I was there last summer—I spent six months there, once—I was then passing as Reinham—that is on my passport—I was not in Paris in 1849 nor 1850—I have been there several times for a fortnight, a week, six months, or three months—I was there a fortnight last year—I have been sixteen years in England—the prisoner never had any business transaction with me—he tried to do business with me—he was carrying on business as a commission agent with wine or beer, or Manchester
goods, or any article he could get hold of—his place of business was in Great St. Helen's—he was there a short time, a couple of months, but I knew him when he was at Water-lane before that—I never borrowed any money of him in my life, not a shilling—he has borrowed money of me—I have engaged him to raise money for me—that was the very morning he came to business—I sent him with depository notes for wines, of which I had the warrants—I had paid for them—I had purchased them of Osborn in Miles-lane—it was wine I had bought and paid for—Mr. Osborn is the proprietor of the house where my place of business is, but he has nothing to do with me—he is the landlord; I pay my rent to him—I have been tenant of the house about twelve months—I employed the prisoner to raise money on the morning he called on me—I never on any other occasion employed him to raise money for me—I did not go to his house and ask him to come about this beer—I did not know where he lived—it is not the fact that I went and told him I had got some beer from Perks, and I was afraid my own cellar was not large enough, and I wanted to stow some somewhere else—I had bought it a few days before—I gave four references respecting myself—they did not prosecute me for obtaining this beer by conspiracy and fraud—I have not paid for it—they took out a summons, and Mr. Sleigh was employed for me—I appeared at Guildhall on this charge, and was discharged at once—the summons was withdrawn—the gentleman did not say it was because witnesses were absent, and they could not appear that day, and he should renew the inquiry on a future occasion—he said, "My principal witness is the prisoner at Newgate; it is impossible for us to get him here;" and it was withdrawn—it is not true that I went to the prisoner's house the evening before—I did not know his house—when the beer was removed there were six men employed—I did not see the prisoner standing at the head of the stairs leading down to the cellar where the beer was and say, "You must take some of this beer to your own place at New Broad-street-court, and there stow it away"—I did not on my solemn oath—I did not tell Miller that he need not get any more planks, and say to the prisoner, "You had better commence early to-morrow morning, and remove it"—(Miller was here brought in)—that is Miller; he is a relative of the woman the prisoner lives with—he is a person that was employed by me—it is not true that I said it was too late to remove it that evening, he must begin in the morning—on the place being locked up that night, Eldridge took possession of the key—I know Whitfield—I did not hear Eldridge offer to give the keys to Whitfield—I may have said to Eldridge, "Keep the key yourself, and give it to Mr. Whitfield, because McKennall will be here early in the morning"—I came at 11 o'clock, and found the place closed—I waited an hour or two, and I got the prisoner's address, and went to his place—I did not see him—I did not call him Charley—I called him Mr. McKennall all along—the door was opened by a woman; I don't know her name—it was opened by this person (Mrs. Bygrave)—I did not say to her "Where is Charley?" I did not, on my solemn oath—I asked where was Mr. McKennall—she said, "He is down at your place"—I did not say, "I want some more money from him"—she did not say, "In the present state of affairs, I am sure he will not advance you more money"—on my solemn oath she did not—I called again in an hour or two, and she said, "He is gone down to your place"—I did not see him till I gave him in custody—the woman did not say to me, "Charley will not advance you any more money while matters stand as they are;" decidedly not—I saw him at his own place with the policeman—I did not ask him then whether he would
advance me any more money—when I went, his wife opened the door; she saw me and the policeman, and she said, "Charley is in"—I said to him, "You have stolen sixty-four dozen of ale; the quantity which you brought in last night, you took them out of the cellar again this morning, and I give you in charge"—I did not say, "If you do not come to some settlement with me, I will give you into custody"—I did not ask him to write his address down, and make a memorandum before any of the ale was brought—I did not write his address down on a piece of paper; I did not know his address; I may have after I gave him in custody—I first knew his address on I the morning of the robbery—I don't know this piece of paper (looking at one)—I was not shown this paper at Guildhall—I never saw this paper before—this writing on the back of it, "McKennall, 3, Broad-street-court" is not my writing—I know this invoice—this is the ale I purchased—I have not paid Mr. Scudamore for the cartage—I did not refuse to pay him on the ground that the prisoner was liable—I said, "I will make inquiries if you have done the business for me; as it is very strange, for I made the contract with another carman for the whole business"—I don't know this gentleman, (Mr. Scudamore)—there were three or four carmen—his face is not known to me—I never saw this piece of paper—I have a copy of it—this writing on the back of it is not mine—I may have had a conversation with Mr. Scudamore about the cartage, I can't recollect—this name and address on the back of this paper is not my handwriting—I may have given the address, but this is not my writing; I know my handwriting too well—I was not in Paris in 1849; I have not been there the last sixteen years, till last summer—I know this gentleman (Mr. Albert)—I was not in Paris in 1849, nor had I conversation with him—I may have had conversation with him, but not in 1849—I have not been in Paris for sixteen years, till last year—I was not in Paris in 1849, and lodging in the same house with this gentleman; not in 1819, in 1843, or 44, but in 1849 and 1850 I was in London—I was not in Paris in 1850.
Q. Now I ask you deliberately whether in 1849 and 1850 you were not merely in Paris, but in custody there? A. In 1849, 1850, and 1851, I was in London, at Cremorne Gardens; I was not in Paris a single hour of that time—it is not true that I was at any time in custody in Paris—I was never in custody in my life a single hour, there or anywhere else—there is no foundation whatever for that assertion.
MR. ROBONSON Q. On your oath, has the prisoner ever advanced one single sixpence to you? A. Never in his life—the charge against me at Guildhall was made in the middle of the week after this prisoner was taken—the witness, who was in Newgate, and could not be produced, was this man—nothing was said about bringing him up by habeas corpus—they said the principal witness was a prisoner in Newgate, and they could not bring him—the Alderman did not say they might produce him—I have never been charged with anything—when I went to the prisoner's house the third time, I took two officers with me—I knocked at the door—the officers were not far off when the prisoner came out—there was no conversation with me and the prisoner before I gave him in custody—I said, "This man robbed me this morning, I give him in custody"—I had some documents respecting the wine which I had given a cheque for, and I gave them to this man to get money because I did not like to draw a cheque for 2l.; they were worth 10l.—I said, "Go to a friend of mine and get the money"—I have not got these documents since—he never told me where they were.
MR. SLEIGH Q. Were you not introduced to Mr. Perks by this prisoner? A. Certainly not.
HENRY ELDRIDGE I am errand-boy to Mr. Reinham—on Wednesday, 26th October, the defendant came to his place in Miles-lane—he asked Mr. Reinham whether he could assist him in anything, and he said, "Yes, if you like"—he came on the Thursday morning, and he went on fetching the beer from Mr. Perks's to Miles-lane—the men fetched the beer, and he looked after the men—I fetched the last load but one, and he fetched the last—I left that evening at very nearly 11 o'clock—we were both at work till that time—when I left I locked the place and took the key—I went in the morning at a quarter before—the cellar was then open; the flap had been opened either with the fingers or a knife—the prisoner was there, and he had a van partly loaded with beer which had come from Mr. Reinham's—it had been brought on the previous night—it was the load that he had fetched that he was reloading in the van—I asked him what he was going to do with it; he said he was going to take it to the pawn shop to pay the men—I said, "Did Mr. Reinham tell you to take them away" he said, "Yes"—he was telling the men to take them away—I asked him again, "Are you sure that Mr. Reinham said you were to take them?" and he said, if I did not hold my tongue he would throw me down the cellar stairs—there was room in the cellar for the beer to remain, but he said the place was too full—he and Whitfield both said the place was too full—there was plenty of room in the cellar—the prisoner then said, "Lock up the place and come with me," and I did so, and went to New Broad-street-court—it was a private house—the ale was put in there—fifty-two dozen were taken—the baskets were not taken back to the cellar; they were-taken to Mr. Perks—I went back to Mr. Reinham—I saw him at Aldersgate-street, and he told me to go home.
Cross-examined. Q. Where are your premises? A. 8, Miles-lane—we have a counting-house—there is one plate of Mr. Osborn, and another of Mr. Reinham—I had been there about a month—there had been other bottles of ale brought there, not by the prisoner, but Mr. Osborn—there was not beer or wine brought there for Mr. Reinham—on the Friday I went at a quarter before 8, and found the cart was being loaded—there was not any concealment about it—the prisoner was standing by and superintending it, pulling up some baskets—the first I saw of Mr. Reinham that morning was at Aldersgate-street, at Mr. Perks's—the prisoner had been there himself—when Mr. Reinham came I had seen the prisoner there half an hour before; he was not there at the same time.
Cross-examined. Q. Have you ever noticed that place with Mr. Reinham's name up? A. Yes—there is the name of Osborn on a plate, and Mr. Reinham's name on a plate, one on each side.
GEORGE ADAMS . (City policeman). On 28th October I was on duty about a quarter past 5 o'clock—I was taken by Mr. Reinham to the house in New Broad-street-court—Mr. Reinham rang the bell; the housekeeper came to the door—the prisoner came down, and he was taken in custody.
Cross-examined. Q. Who first spoke to the prisoner? A. I believe Mr. Reinham did—I did not hear the first that was said—I was outside the door—Mr. Reinham went in, and the prisoner came out with him—the prisoner did not offer the least resistance—there may have been some conversation inside, but I could not hear it.
COURT. Q. You knew on what charge you were going to take him? A. Yes; I was told before I went—at the time I took him I can't say that he said anything.
Cross-examined. Q. Did not the prisoner a short time previously pawn two gold chains for you? A. No; never in his life—he never pawned some gold chains of his own to raise money to lend me—I am a commission-agent and proprietor of an exhibition—I have been practising as an interpreter in the county courts.
MR. SLEIGH. called the following Witnesses for the Defence.
CHARLES ALBERT I am an interpreter—I am not here to-day in respect of this matter—I knew nothing of this case till it came on—I know Mr. Reinham—I have known him out of this country—in 1849 and 1850 I knew him in Paris—after what I have heard to-day I would not believe him on his oath.
Cross-examined by MR. ROBINSON Q. Were you waiting in this court for any business? A. No; I came here on business—I saw Mr. Filby once at Marl borough-street—he came to ask where a certain woman lived—I have not been assisting in getting up this case—I came here on my professional duty.
EDWARD MILLER I was in the employ of Mr. Reinham a day and a half—Mr. McKennall came and fetched me—Mr. Reinham told me to go to work—I have not been paid yet—on that Thursday there were some planks being got to put the beer on—while they were being got I saw the prisoner and Mr. Reinham together by the steps—Mr. Reinham said to Mr. McKennall, "Well. Charley, old boy, how are you getting on?"—Mr. McKennall said, "Very well, only I shall want more planks"—Mr. Reinham said, "What do you want more planks for?"—he said, "To put the beer on"—Mr. Reinham said to him, "I am very sorry that I did not take your advice and have it all sent to your place; it would have saved a good deal of expense"—the prisoner said, "It won't look well as we can only get one more load to night to take it there"—Mr. Reinham said, "You had better lower that into the cellar and take it away in the morning"—the prisoner said he would take it away in the morning, and Mr. Reinham said, "Very well," and then he should not want me to fetch any more planks—it could not be stowed without planks—he said, "I can go on moving it from Aldersgate-street tomorrow morning"—Mr. Reinham said, "Very well"—the prisoner said he would take that load out of the cellar on Friday morning down to Broad-street—Mr. Reinham said, "Very well"—the prisoner said the men had heard something, and they did not feel satisfied; they would want their money that night, and he said to Mr. Reinham, "And how about that that you owe me?"—Mr. Reinham said, "You can take that out of what you get for the beer"—when I was told I need not get any more planks I was in the cellar, and they were on the stairs—I had been employed by the prisoner some time back on a job or two—I pawned some gold chains of the prisoner's to get the money to buy the planks—I did not see the prosecutor present when I saw the chains—I was at the Mansion-house for the purpose of giving evidence.
Cross-examined by MR. ROBINSON Q. Did you not get 1s. 6d. in hard cash from Mr. Reinham to get the plunks? A. Yes; Mr. McKennall engaged me,
and Mr. Reinham told me to get the planks and gave me 7s. 6d., and I ran away with that 7s. 6d.—I am cellarman to anybody; I am at present out of place for a few weeks—I am a cousin of Mrs. Bygrave—that is the name she goes by—I did not go before the Magistrate—I knew the prisoner had been up and was remanded twice—I never went to give information—I was before the Magistrate, and heard the case against this man once—that was the second time.
BETSY BYGRAVE I am not married—I live at Broad-court—I remember the prosecutor calling at my place on the Friday—I answered the door, and he said, "Is Charley within?"—I said, "No"—I had seen him with the prisoner before several times—he said, "Where is Charley?"—I said, "He is not in"—he said, "Has he left me any money?"—I said, "No, he has not, and he don't intend advancing you any more money"—he went away—Mr. McKennall was not in—Mr. Reinham called again at 5 o'clock—I went to the door and he asked, "Is Mr. McKennall at home?"—I said, "Yes," and he went down—Mr. Reinham said, "Do you intend to let me have any of that beer back?" to which Mr. McKennall said, "No, certainly not; not as we stand now"—I did not see the policeman at that time—they were not in the yard—Mr. Reinham said, "I shall give you in charge."
Cross-examined. Q. Do you live with the prisoner? A. No; I do not—I am housekeeper to him—I don't live with him as his wife—he pays me wages; 12l. a year—he paid me about a month ago—I have not always been living in that place—I have one daughter—I have never lived in any other place. The prisoner received a good character.
GUILTY — Confined Twelve Months.
There was another indictment against the prisoner.
FOURTH COURT.—Thursday, December 1st, 1859.
Before Mr. Recorder and the Seventh Jury.
58. DANIEL FITZGERALD (22), and JOSEPH SMITH (21) , Burglariously breaking and entering the dwelling house of John Hennessey, and stealing therein 3 frocks, 7 yards of cotton, and other articles his property.
MR. ORRIDGE. conducted the Prosecution.
SARAH ANN HENNESSEY I am the wife of John Hennessey, a printer, 3, Charles-street, Curtain-road—on Saturday, 22nd October, about half-past nine o'clock, I left my house—I left the street door securely shut—I was gone about about a quarter of an hour; I blew my candle out when I went—when I came back I found it alight again in my front parlour—I screamed for help—I lifted the window up, pulled the blind a little on one side, and saw two men—I opened the window to see who they were, before I gave the alarm—Fitzgerald was at the top corner drawer, and the other one was at the dining table—I immediately got in at the window; they ran into the yard—by that time I got the door open, and the neighbours came to my assistance—the men could not get out the back way, and they returned into the room—I found my things out of the drawers, on the table—I left every thing in the drawers when I went out; a sandwich case was found in the yard by the policeman, and some plaid dresses—I found a key on my drawers on the Sunday morning; it was not mine, but it opened the front door.
Fitzgerald. Q. Did you see my face? A. I saw the whole of you; your hand was in the drawer—I could see you very well indeed—the policeman
found the tin sandwich case behind the water butt; I did not take it up off the table exclaiming, "Thank God"—I left a sovereign on the end of the mantel-piece, which did not all belong to us; and as I had laid out part of my week's money, I did not know how I should be able to repay it; and when I found it on the mantel-shelf I said, "Thank God, that is safe."
HARRY SHORT (Policeman, G 77). The prisoner Smith was brought to the station-house on the 22nd—I searched him and found in one of his coat pockets this skeleton key (produced)—I have tried the street door of the last witness with it—it will unlock the door sufficient to open it; but you cannot turn it right round in the lock—I afterwards received a key from the last witness that will undo the door.
JOHN CLARK (Policeman, G 153). I was called to the prosecutrix' house on the night of the 22nd—Fitzgerald was given into my custody—he was in the front parlour, and the other prisoner was there—Fitzgerald said he heard them cry out, and went in to help the woman.
JOHN WILSON I am a collar-maker of 22, Charles-street, just opposite the prosecutrix—I heard a cry that night of "thieves" and "police," and ran out of my house directly to that of the prosecutrix—as I entered the street door the two prisoners came from the back—I stopped them about the middle of the front parlour; they said they had come to help the good woman.
Fitzgerald produced a written defence, stating that he heard cries of fire and murder, ran into the woman's house, and was taken in custody. Smith also produced a written defence, stating that he heard a cry of fire, and saw a woman getting in at the window; that he went in to render assistance and was taken; and that the key found on him was that of his own door.
GUILTY —They were further charged with having been before convicted.
WILLIAM GARDINOR (City-policeman, 103). I produce a certificate (Read: "Central Criminal Court, June, 1859. William Collins convicted of stealing a watch from the person. Confined Four Months")—I was present at the trial—Fitzgerald is the person, then tried under the name of Collins.
FITZGERALD—GUILTY.*— Four Years' Penal Servitude.
SMITH—GUILTY.**— Three Years' Penal Servitude.
MR. WAY conducted the Prosecution.
EDWIN WHITBURN I am a licensed victualler of 10, Dean-street, in the parish of St. Andrew, Holborn—in consequence of my house having been broken into four times, on the night of 21st November I watched with a friend, named Richard Chapman—I put myself in the bar parlour, and put out the light—I remained there till half-past five or a quarter to six—I am sure that what took place was before six o'clock—I heard a noise coming through the window, where the brick work was removed—it was a window that had been blocked up with a kind of shutter; that was removed, and then the brick work was removed to make the place large enough to enter—the noise then came to a passage, and then at a spring door—I heard the spring go, and then saw the prisoner come through the door into the bar—he appeared to be feeling for the matches, which I am accustomed to keep on the counter—I was in darkness then; there is a fan-light over the door and window—they would give enough light to distinguish a person's features—I waited for him to get the matches, and to get the gas on—I had a blanket on to keep me from being cold; he saw me throw that off I expect—he bolted to the door and was gone before I had time to catch him
—after I made the place secure, I told the girl to get up; and I then went to a night coffee-shop where the prisoner goes—I had known him before—he has been in the habit of coming to my house for the last twelve months—he knew the place as well as I did myself—I found him at the coffee-house—I sent for a constable and gave him in charge—I accused him of breaking in—he said he had not; he had been in the coffee-shop all the night—I asked the proprietor, in his presence, if he had been there all night—he said that he had been out three times; he had come in an hour before I came; that was about seven o'clock—he (the prisoner) said he only just went out for something—I afterwards examined my house—he had got in from a back court, over a wall, into the yard—then there is a window which opens into the private yard—he must have got from the yard through this window—there was a wooden shutter put up, that was knocked away, and brick work removed to make it large enough for anybody to get through—that brick work was all safe the night before; and I found in the morning that it had been opened—the prisoner came right facing me within three inches, and there was sufficient light to distinguish him—I am perfectly sure he is the man.
RICHARD CHAPMAN I live at 90, Gray's-inn-lane—I sat up with the last witness on this night by his invitation—I did not see the prisoner come in, but I saw him pass by the bar to go out—I saw his face by the aid of the light that came in at the fan-light over the door; and when he opened the door the light streamed in, and I saw the whole of him—I am certain he is the person; I had seen him in the house before—I knew his face.
ELLIS DAVIS (Policeman, E 11). I took the prisoner at the coffee-shop in Broad-street—he said he had not been out of the house all the night—the landlord said he had been out on two or three occasions—he said he had been out on one occasion, because the policeman on duty had turned him out—I did not hear him say anything about the last time he came out. GUILTY .— Confined Twelve Months.
MR. DICKIE conducted the Prosecution.
JOSEPH PARKER I live at 73, Belitha-street, Caledonian-road, and am a house painter—on 12th August last I lent the prisoner 1l., which he was to repay me, but did not—somewhere about 27th August he came again and said he had a bill from Mr. Clark, of Towcester, and could I let him have a little money on it—he had altogether 4l. 8s. 6d. of me, at different times—this was a bill of exchange for 6l. 18s. 9d.—I was to pay the balance when the bill became due—I went to Smith, Payne's, with the bill on the Monday, but there were no effects—I let it go about five weeks, and then I wrote to Towcester, to Mr. Clark—I did not get the money—no Mr. Clark took up the bill.
Prisoner. Q. Is the acceptance in that bill in my writing? A. It is not—when the bill was dishonoured, I said you had better write to Mr. Clark—I did not see a letter that you wrote—I never posted a letter directed to Mr. Clark—you said you had done business with Mr. Clark before the acceptance of that bill, and that you were in the habit of travelling about from time to time—I am not aware that Mr. Clark lived at your house for two or three months—when I gave you in-custody I expected that the money would be paid—I did not, particularly, intend to compound what I called a felony—when the case was before the Magistrate, I did not state to a party, that if
the money was paid I would say Mr. Clark had paid the money to me, and the case would be done with—when you brought that bill, in the first instance, I objected to it, and said I would rather have one for 20l. or 25l.
JOHN CLARK I am a shoemaker and live at Northampton—I know the prisoner—I lived in his house in London at one time—I left on 2d August—I went to Towcester in Northamptonshire—I have lived in the High-street there, but not for this last two years—I never accepted any bill of exchange for 6l. 18s. 9d.—that acceptance is not in my writing—I have seen it before—I had nothing to do with it—I gave the prisoner no authority to use it—there is one more John Clark in Towcester that I know of; a shoemaker—he does not travel about; he never did in my remembrance—he is a working journeyman shoemaker.
Prisoner. Q. Is the acceptance in that bill in my writing? A. It does not appear to be; I do not think it is—when in London I went by the name of William Masters—we have never had any business dealings together.
COURT Q. You say the other John Clark was a journeyman? A. Yes; I have lived in Towcester many years up to the last two years—I have gone over now and then; I have some friends there now—I was there for a day or two last August; my father lives there—it is a market town, but not a very large one—I know most of the people in the place, but I have been away this two years.
(THE COURT was of opinion that there was no evidence to prove that there was not another John Clark in Towcester; that somebody who knew Towcester at the present time ought to have been produced.)
MR. DICKIE conducted the Prosecution.
EDWARD WRIGHT I am a printer living at 12 New-street, City-road—on 6th November, when I left off my work, I went to a public-house as usual—I then came from there and went with two of my shopmates down towards Barbican, and we then went into another public-house; when I came out of that house I met two women; they came up to me and I told them to go—I then had my arms pinioned behind my back, and felt myself smothered—I had my senses, but could not help myself—I distinctly saw the prisoner's hand go over my pockets where my money was—I lost my hat—I had some half-crowns in my pocket—it was near a gas-lamp; I struggled and caught the prisoner in the face—I got his face against the wall, and I could not mistake him—I am quite sure that he is the man—I had had a little to drink, but knew what I was doing, I was not intoxicated—I had seen my money not half a minute before—the money was 2 half-crowns, and shillings—I then went to the station-house and gave information, and the policeman took me to a house in Brackley-street, up a court—I had a glass of drink there—I was taken to a room that was full of people; the policeman asked me to pick out my man, and as soon as I saw the prisoner I picked him out—he was then taken to the station.
Cross-examined by MR. M'DONALD Q. Was this on Saturday night, 6th November? A. It was about 1 on Sunday morning—my wages are paid to me on Saturday evenings; they were paid to me on this Saturday evening between 6 and 7 o'clock—I received a sovereign and a half-sovereign in gold—I put them in my trousers pocket—I drank with my shopmates that evening
—we stopped in the public-house from between 6 and 7 till 12 o'clock—I don't know exactly how much money I spent that night; I had 3s. 8d. before I was paid my wages; I owed 2s. 6d.—I had 1l. 8s. about me when I was robbed, and all the rest I spent—I had 7s. in my trouser's pocket, and above 1l. in my waistcoat pocket—I can't say how much I had to drink—I first had half-a-quartern of rum; then, perhaps, a pot of porter—I had been smoking that evening; I don't know how many pipes I smoked—I will swear I was not drunk; I knew what I was about—I know Brackley-street—my companions did not come out with me when I left the public-house; I was left behind; I came out of my own accord; that is about half-a-mile from Brackley-street, I should think—I went there after I left the public-house; I did not go by myself, two companions went with me; they were not females, I swear that; they were two workmen—In Brackley-street I had a glass of gin and a drink of porter; I was there about 10 minutes; I did not sit down at all, my companions went out of there before me—I don't know how many persons were in the public-house where we were at first from 6 till 12—I don't remember a female sitting by my side at the first house—I did not go with two females to Brackley-street after I left the first public-house—my hat was taken from me and 2 half-crowns, and 2 shillings in silver—the two females came up to me by themselves; I saw the prisoner afterwards—not more than 2 or 3 seconds elapsed between the time I saw the females come up and the prisoner coming up—I was walking when I told them to go—I was laid hold of by a person behind me, the females were at my side; it was on the pavement—the prisoner, twisted himself round when we were struggling, and I got his face towards the lamp—I saw the prisoner put his hands in my pocket—as near as I can tell you an hour and a-half had elapsed from the time I saw the prisoner in the street until the time I saw him in the house in Brackley-street—it is not a public-house—I had been drinking there when I left the house where I had been from 6 to 12; my two companions came out with me—I was in two public-houses altogether—I had never seen the prisoner before—I did not come out with my companions from the second public-house—the house in Brackley-street may be 10 or 15 yards from the place where I was robbed—I saw prisoner searched at the police-station; there was found on him 3 half-crowns, a two-shilling piece, a sixpence, and 3 farthings, I think.
MR. DICKIE Q. Were you sober enough to know the exact amount of money? A. Yes; I went to the police-office, and went about to find the person—I had a very little beer at the second house—we receive our wages on Saturday night—it is a common thing for all printers to go into a public-house and settle all their accounts for the week on Saturday night—that takes some time—there were other persons in the public-house; no other printers—I shared my beer with other persons who were there—I did not run after the women.
WILLIAM FENNING (City-policeman, 88). On 6th November, about 2 in the morning, the last witness came to me in Barbican—I went with him to a house in Brackley street and found the prisoner there and about twenty others—it is a gin shop; it is not a licensed house—the prosecutor pointed out the prisoner at once; and said, "That is the man that robbed me"—the prosecutor had been drinking, but he was perfectly conscious as to what he was doing, I am quite sure of that—I took the prisoner to the station and told him he was charged with stealing 7s.—he said, "Good God, I never saw the man"—I searched him and found two half-crowns, a 2s. piece, and 7 1/2 d.
Cross-examined. Q. Did the prisoner seem much annoyed? A. Yes; he was very much excited when he was charged—he was not at all disinclined to go with me—he had been drinking, and the prosecutor also—he was steady on his legs, but he talked thick.
MR. McDONALD conducted the Prosecution.
CHARLOTTE HOLMES I live at Western-place, King's-cross, and am the manager of a coffee-house there, belonging to Mr. Foster—I know a person named Dowde, who used to take coffee there—he was there on 4th November, with the prisoner—in the evening there was something said about a post-office order being cashed—Dowde came in with the prisoner, and said, "There is a young man wants to speak to you"—I said, "Sit down, and I will speak to you directly"—he then called for a cup of coffee—I served him, and he asked me if he could cash a post-office order which he had got from his brother who lived at Little Wickenham, Berks—I asked where it was made payable—he said, "In the city"—I asked him what he would allow for my cashing it—he said, "2s. 6d."—I put down on the table 1l. 17s. and asked him if that would do—he said, "Yes, that will do"—he took the money, drank up his coffee and went away; a person named Humphreys was there at the time—the prisoner wrote his brother's address on the back of one of Mr. Foster's cards which I gave him, this is it (produced)—I saw him write it—that was in answer to my question, "Who sent the order"—I took the order and presented it for payment at the money-order office; it was refused—I did not know the prisoner—I had never seen him before.
Prisoner. Q. When I was taken to the station, and you were asked which was the man, did you not say that one of the other two there was the man? A. I said so at first, and I asked the man to speak—he did so, and I said, "That is not the man"—I then asked you to speak; you did so, and I said, "That is the man."
ROBERT HUMPHREYS I am a letter carrier—I was in the prosecutor's shop on the evening of 4th November—the prisoner was there, and from what I could glean he had been there about 2 or 3 minutes—when I went in, the conversation was about receiving a money order from his brother in the country, and Mrs. Holmes cashed it for him—I saw him sign this post-office order (produced), and also give the address on the card—I saw him receive 1l. 17s. from Mrs. Holmes—I heard her count it.
Prisoner. Q. Why did you not come up and give your evidence at the police-court? A. I came as soon as I had notice to attend—I saw you in the cell, and directly I saw you I said, "That is the man"—I did not say, "I should say that is the man."
CHARLOTTE HOLMES (re-examined). When I was first examined before the Magistrate, he asked me in what money I had paid the prisoner, and I said, "In one sovereign, and the remainder in silver"—the prisoner turned round and said directly, "Was it not three half-sovereigns that you gave me"—I said, "No, it was not"—on the second hearing the prisoner said that I gave him one half-sovereign—the Magistrate then wished me to repeat what was said on the first hearing, and I did so.
witness came and presented a post-office order—I did not pay it; it had been previously paid.
SARAH ANN DOWDE I reside in Westminster, my husband is an engineer in Ireland—in the early part of last month. I received an order from him for 2l.—I sent it to the post-office by my little boy to be cashed, and be lost it—it was like this one—it was for 2l.
He was further charged with having been before convicted.
JAMES BURRELL (Policeman, S 182). I produce a certificate, (Read: "Westminster Sessions, August, 1848; George Wallace convicted of stealing 4 petticoats, 2 night-gowns, and 2 aprons.—Confined Eight Months")—this certificate applies to the prisoner—I was at the trial.
GUILTY— Four Years' Penal Servitude.
OLD COURT.—Friday, December 2d, 1859.
PRESENT—Mr. JUSTICE BYLES; Mr. Ald. ROSE; and Mr. Ald. MECHI
Before Mr. Justice Byles and the Fourth Jury.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution; MR. SERJEANT
BALLANTINE with MR. LEWIS for the Defence.
MR. BEST conducted the Prosecution.
MR. JUSTICE BYLES, after hearing MR. BEST'S opening, suggested that according to the ruling in REG v. BRYANT (See Cock's Criminal Cases), there would be a difficulty in sustaining the indictment; but considered it better to hear the facts proved.
ELLEN TABURNEY I am a widow, and live at 19, Albion-street, Hyde-park—on 28th June, I was passing that house, and saw a bill up, "House to let"—I went in—I did not see the prisoner there; I saw his mother, and she referred me to his stables—I went there and saw him, and communicated with him as to his selling the house, and my taking it furnished—he said he had had a good deal of trouble with it, and wished to sell it—I did not ask him the price then—I did subsequently, and it was arranged—I think I saw him the second time, a few days after the first—he asked 200l. for the house and furniture; I offered him 175l., and he took it—there was an agreement in writing, this is it—(This was dated 2d July, 1859, by which the prisoner agreed to sell, and the prosecutrix to purchase, all the furniture and effects in the house for 175l., payable in two sums of 90l. and 85l.; in consideration of which the prisoner undertook to execute a proper assignment of his interest in the said house, viz., a term of one year and nine months)—I had no professional person to draw up the agreement; it was done by a friend, Mr. Johnson—I attended at the prisoner's house on the 2d July, with Mr. Johnson—on that occasion the agreement was drawn up, and I then paid 90l. in part payment, to the defendant—previously to this, Mr. Johnson, in the presence of my brother and several persons, asked the defendant if there was any judgment or bill of sale, or anything to affect the property; and he
said, "Certainly not; do you think that I could do such an ungentlemanly action?"—I do not think it was said to him more than once, but it was very distinctly and very pointedly asked him; for the gentleman said, "Remember, we have not searched, and we take your word;" he said, "You may rely upon it," and I did—when I paid him the money, he said, "As my neighbours are very disagreeable people, it would be as well that you should not mention to them that you have bought the house, but only say that you have rented it of me for 12 months"—I did not say that I would say so, or that I would not say so, I at once confessed it—I should not have parted with my money if I had known there had been any bills of sale on the property—(Two bills of sale were here put in; one of the 2d February, 1857, of the furniture by the prisoner to Jacob Bell, as security for the repayment of 78l. 13s.; and another of the 15th September, 1858, to William Bayne, for 100l.
MR. SLEIGH, for the prisoner, submitted that the facts proved did not, in point of law, amount to any offence at all, the assertion made by the defendant was, that the property was his; and consistently with the facts proved, that was not false—the property unquestionably was his; and although there was a charge on it, yet the equity of redemption was in the defendant, and it was competent for him, at any moment to free the property from the incumbrances. MR. BEST contended that as the prisoner had been distinctly asked whether the property was subject to any bill of sale, and had distinctly denied it, and as the money was paid on that assurance, it was, in fact, obtained by a false pretence; and, therefore, he urged that there was evidence to go to the Jury. MR. JUSTICE BYLES was of opinion that the prosecution must fail; the statute upon which the indictment was founded, was, no doubt, general in its terms, but it had been held not to apply to cases where the representation made, although a fraudulent one, was made in the course of a bargain, and where the party really got something for the money he paid, the bargain was a bona fide one, the false statement was only as to the incumbrances: the case of REG v. BRYANT, decided by the Court of Criminal Appeal, in reality disposed of this case, and there was, therefore, no case to go to the Jury.)
JOHN MOODY I am clerk to Mr. Bayne, of 15 St. John's-walk, Clerkenwell—I know the defendant—I accompanied him on 15th September, 1858, to the police-court at Marlborough-street, when he made this declaration—(This was a declaration that all the goods and chattels in his house, 19, Albion-street, was his property, and were not in any way mortgaged, charged, of encumbered in any way, so as to affect the claim of William Bayne)—I was present when the defendant made that declaration—I heard him make it—he signed it at our office—I brought it, signed, to the police-court.
Cross-examined by MR. SLEIGH Q. Is Mr. Bayne a solicitor? A. No, an accountant; he lends money—this paper was drawn up by me—it was ready filled up when Mr. Crowther called—I really cannot say whether Mr. Bayne was present or not when he called—Mr. Crowther can read himself; I did not read it over to him—I did not hear it read over to him by any one, either at our place or at the police-court—I did not tell him it was a mere matter of form, and to put his name to it; I never made use of such an expression—I did not say to him, "You must just put your name to this, and come with me to the Police-court; it is a mere matter of form"—I said, "This is a declaration that the property is yours; sign it, and you must take it before the Magistrate"—I had not previously filled up a printed form, setting
forth, in writing, the particulars of the charges existing on this property—we have printed forms in the office, and one was filled up; it was an "Inquirer's Report"—this is it—(produced)—this is not my writing—I never fill them up—I cannot tell whether it is in the handwriting of Mr. Bayne—this is the prisoner's handwriting—this was produced by the prisoner at the police court, and deposited with the officer, to be produced on the trial.
COURT. Q. Have you seen that "Inquirer's Report" before? A. At the police-court—I do not know whether the mortgage mentioned there, for 75l. of which 60l. is paid, refers to the mortgage to Jacob Bell.
Cross-examined. Q. You were not present when it was signed? A. No.
Cross-examined. Q. Yours is what you call a money agency office? A. Yes; I usually have these statutory declarations made when I lend money—I keep a form ready printed, and it is filled up by a clerk—I know that some persons besides myself use these statutary forms—this bears date 8th September—I read it—the bill of sale for 75l. mentioned here is the one to Mr. Bell—I was aware of that—I had not seen it, but the prisoner explained it fully to the party I sent to him—the money was advanced before the declaration was made, perhaps a quarter of an hour after—I am not the prosecutor in this case—I directed my clerk to draw out this declaration on 15th September, and take it to the Magistrate—I gave the defendant 80l. out of the 100l.
WILLIAM BAYNE (re-examined). The money was advanced the same day the bill of sale was executed—first of all the bill of sale was executed, and then the prisoner signed a declaration in the office, and then went to the Magistrate to declare—the money was paid before the declaration was made before the Magistrate—the "Inquirer's Report" was four or five days before that—I do not make use of these declarations for any other purpose than my own.
MR. SLEIGH submitted there was no case to go to the Jury, the declaration was not shown to be false, nor was the prosecutor deceived by it. MR. JUSTICE BYLES would not withdraw the case from the Jury, but expressed an opinion that the evidence was very slight—MR. SLEIGH did not address the Jury.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
COLONEL JOHN WORTHY . I live at 12, Westbourne Park-villas—on Saturday, 27th November, 1858, about 5 o'clock, I had the clock which has been produced—it was on the mantel-piece in the drawing-room—on returning to the room after dinner, about 8 o'clock, I missed it—it cost
me with a small pair of vases which are not here, 260 francs, between 10l. and 11l.; 10 guineas with the vases—I think the maximum value of the vases is 60 francs; the value of the clock would be about 8l.—I bought it in Paris just after the revolution of 1849.
GEORGE ROBINSON . I am a baker, and live at 45, Judd-street, St. Pancras, in the same street as the prisoner; he keeps a pie and eating house shop—I do not know whether he lives in his own house—he brought that clock to me on 31st of March last—he said if I would lend him 2l. he would be greatly obliged, and would leave the clock as security—I afterwards handed the clock to the police—I had never lent him money on these things before—I lent him the money, and hold his IOU for it.
Cross-examined by MR. LEWIS Q. And, except prevented, you would have given him back the clock? A. Yes; if he had repaid me that 2l.
JOHN CHOWNE (Police-sergeant, E 5). I received the clock produced, from Robinson on 18th October—I took the prisoner into custody on the 21st, in the evening—at the station, this clock was standing on the mantel shelf, the prisoner was taken close to it and I asked him if he knew anything about this clock; he made no answer—I went with the Inspector to his house and assisted in searching—in the back parlour, in the bottom drawer of a chest of drawers, I found another clock—we found a great many other things, and about 40 duplicates—the Inspector has them.
Cross-examined. Q. Do you know whether duplicates are taken by many of the prisoner's class of life, in payment of articles received? A. I cannot answer that question.
JAMES PEARCE (Police-inspector E). Between 6 and 7 on the night of 21st October, I went to the prisoner's house, 6, Judd-street—I found him there—I asked if he was the landlord of that house—he said he was; I then asked him what part of the house he occupied—he said, the shop and parlour and two rooms up stairs—I then said, "I am an Inspector of police; I have called on you in reference to some plate which you sold to Mr. Snell some months ago"—at the police-station I said to him, "That clock we have traced into the possession of Mr. Robinson of Judd street, and he states that he had purchased it of you"—he looked stedfastly at the clock and made no reply—I found at the house another clock, several books, some electro-plated spoons and forks, a workbox, and some shells, and several duplicates relating principally to jewellery and wearing apparel.
MR. LEWIS submitted that upon neither count of the indictment was there sufficient evidence to go to the Jury—as to the first, there was no recent possession, which alone could enable the Jury to find a verdict of Guilty; and as to the second, the length of time after the loss (six months) at which he was called upon to account for his possession was unusual. MR. JUSTICE BYLES could not withdraw the case from the Jary on either count; in Rex v. Adams the period was three months; the case must go to the Jury.
JOHN WORTHY (re-examined). On 27th November my establishment consisted of two female servants—they continued to live with me after the loss of this clock, till within this last month—the windows of the drawing-room had been opened—the kitchen was underneath, but the blind was down—there is a very short space between the balcony and the drawing-room window—the bolt between the sashes had been pressed back, and the window raised—there was nothing but a very light table in front of it, which they pushed away, and then very deliberately carried away the clock, because they moved some china vases to get at it.
Jury. Q. How do you recognise the clock? A. I bought it from a silversmith,
who was not the maker, but was allowed to put his name on it, "Durer, Chasse Danton, Paris;" and I think you will find throughout London there is no such clock bearing his name—the inscription is in front—that was not on it when I first bought it, but he was allowed to put it on—I swear most positively to the clock.
The prisoner received a good character.
GUILTY on Second Count.— Confined Twelve Months.—There were two other indictments against the prisoner, upon which no evidence was offered.
NEW COURT.—Friday, December 2d, 1859.
PRESENT—Mr. RECORDER, and Mr. Ald. HALE.
Before Mr. Recorder and the Fifth Jury.
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN GARDNER . I am a senior clerk in the Post-office—in consequence of some information I made up a letter on 29th October—I put into it a half-sovereign, a two-and-a-half-dollar piece, and twelve penny postage stamps—I put them into the slits of a piece of card, closed the card and money in a plain envelop, which I folded up—I then placed a sheet of paper round the first envelope, and put the whole into a second envelope, which I fastened with adhesive gum—I directed it to "Miss Lever, Mrs. Brown, Lorrimer Academy, Highgate-hill"—I gave the letter to Willis Clare, one of the Inspectors of letter-carriers, with directions to post it at Mr. Burfield's, one of the Strand post-offices—the letter, if posted according to my directions, would have gone by the 11 o'clock collection to the district in Holborn, and have reached there about fifteen minutes past 11 in the ordinary way—I proceeded to the Western Central District Office in Holborn to await the arrival of the 11 o'clock delivery—upon looking over the bag brought from the Strand district I found that letter—upon examining it I found that it was not in the same state in which I had given it to Mr. Clare—the seal had been opened—the adhesive gum seal had been raised and refastened—it is easy to open those by putting the gum over hot water, or by wetting them—I then cut the outer envelope open along the bottom, and took out all the contents—the inner envelope had not been fastened with gum; I merely folded the card in the inner envelope—I found that the half-sovereign had been taken out—upon that I went to Mr. Burfield's shop in the Strand, and there saw the prisoner—he was attending to the post-office duties there—I asked him if he made the 11 o'clock collection; he said he did—I asked him if he had any person to assist him; he said he had not—I then said that a money letter, addressed to Miss Lever, Highgate-hill, had been posted there between 10 and 11 o'clock; that, letter had been opened, and a half-sovereign taken from it—I said, "Do you know anything of the half-sovereign?"—he said ho did not remember seeing the letter; he cleared all the letters out of the box, and despatched them himself—I said, "Did you have any person to assist you in the post-office business this morning at all?" he said he had not—I then directed the officer Smee to search him, and he took from the prisoner's pocket 7s. 6d. in silver—I then requested the prisoner to show me where he kept the gold, or his money, and he did so—he went to the drawer, and from it he took a small tin box—I examined the contents of it, and found in it 11s. 6d. in silver, and a half-sovereign—I examined the
half-sovereign, and found it to be the one I had inclosed in the letter addressed to Miss Lever—the half-sovereign bore my private mark—I found that mark upon it—the box was taken from a drawer close to the letter-box—this (produced) is the half sovereign; it has my private mark upon it—I said to the prisoner, taking it into my hand, "This half-sovereign was inclosed in the letter directed to Miss Lever, how do you account for its possession?" he said, "I took a half-sovereign over the counter this morning between 10 and 11 o'clock, for postage stamps"—I said, "Where is that half-sovereign?" he said, "That is it," pointing to the one produced—I said, "No, this half-sovereign was inclosed in the letter addressed to Miss Lever;" he said, "That is the only one I have had; I took it for postage stamps"—it is the money of the Postmaster General—it was about ten minutes past 10 o'clock that I gave the letter to Clare—he is an inspector of letter-carriers—he always assists me in this sort of business—I had acquainted him with the object for which this letter was made up.
Cross-examined by MR. GIFFARD. Q. What is the mark which you made on this half-sovereign; you do not always put the same marks on them, do you? A. No; here is the system which we use (The witness here handed in a paper containing some different impressions of detective half-sovereigns)—it is the first coin mentioned there—those detective half-sovereigns, when they are done with, are not put into circulation again; they are cut up and sold, and melted down—I saw this money produced from the post-office drawer—I did not take away the stamps supplied by the post-office—I do not know that they were taken away—the stamps that were in the drawer when the prisoner was taken into custody were not taken away by the post-office" authorities—the prisoner stated that he sold a half-sovereign's worth of stamps, and took that half-sovereign in payment for them—the number of stamps delivered from the receiving-house is examined into occasionally, hut do not know the regulations—I endeavoured to ascertain the quantity of stamps there at the tune; but the public were coming in, and the stamps were being sold, and so I could not take any account—Mr. Burfield, the master of this shop, is here—when I asked the prisoner where he kept his gold, I meant the post-office property, not his own personal property.
MR. CLERK. Q. When a half-sovereign has been marked and placed in a letter, so soon as it comes into your hands again, either by finding it in the letter, or in the possession of somebody, do you deface, that? A. No—it never goes into circulation—it is destroyed, but not always at once—the postage stamps that I found at the office were some of them in the desk, some in a box, and in other places—I am not certain whether some of them were in the drawer—I took Smee, the officer, with me—I did not give him directions to take the post-office stamps—the supply of stamps, I believe, depends upon the amount of business the receiving-houses do; but I do not know much about that department.
WILLIS CLARE . I am an Inspector of letter-carriers at the General Post-office—on 29th October I wrote a letter addressed to an imaginary Miss Lever, which was inclosed in the letter sent by Mr. Gardner—I saw him wrap up the letter in the envelope, and then put it inside the other envelope—when it had been fastened by him I received it from him—I posted it in the letter-box at Burfield's receiving-house in the Strand, at half-past 10 o'clock in the morning—I saw the half-sovereign which has been produced; it is the one which I saw marked by Mr. Gardner—I have seen the letter since in which that half-sovereign was inclosed.
Cross-examined. Q. You were present when the prisoner was taken into
custody? A. Yes; two or three people came in for single 1d. stamps, and I think one person came in for 5s. worth of stamps.
MR. CLERK. Q. Did the prisoner serve these stamps? A. No; the half-sovereign was taken out of the drawer before the people that came in for those stamps were served—this is the letter.
THOMAS STEVENSON . I am a letter carrier attached to the Western Central office—at 11 o'clock on the morning of 29th October, I took the letters from the office in the Strand, kept by Mr. Burfield, where I received them from the prisoner—I took them to the Western Central Office in the same state as I had received them at Mr. Burfield's—I gave them to Tunstall, the inspector on duty.
WILLIAM GEORGE TUNSTALL . I was the inspector on duty at the Western Central Office, on the morning of 29th October—I received the collection of letters from Mr. Burfield's office in the Strand, from the last witness, Stevenson—I handed them as I received them to Mr. Gardner.
CHRISTOPHER NEWTON . I am assistant to Mr. Burfield, a chemist in the Strand—the prisoner was employed in the letter department there—he was not engaged in any other occupation at Mr. Burfield's—the prisoner made up the collection of letters for the 11 o'clock delivery, on the morning of 29th October—no one else assisted him—the prisoner sold the postage stamps at Mr. Burfield's—he had a drawer there where he kept his money—that was a drawer kept for the post-office purposes—it was not a general till.
Cross-examined. Q. Do you know of the stamps being taken away from Mr. Burfield's post-office, by the post-office authorities? A. No; I do not—Mr. Burfield is here—I have-sold stamps at the shop since the prisoners dismissal, but never before—I never went to the drawer—I cannot tell whether it was open or locked.
MR. CLERK. Q. Had the prisoner the entire charge of that drawer? A. The entire charge of it.
HENRY BURFIELD . I am a chemist in the Strand—there is a receiving office at my shop—the prisoner had the charge of the letters posted at the receiving office there—he used to sell postage stamps—he was supplied with them every morning by the clerk, from the money order office opposite—the prisoner fetched them himself—I know what quantity he gets from the money order office—he used to account to me each day for the quantity he had received, or in my absence, to my clerk.
Cross-examined. Q. Who is your clerk? A. William Grove—he is not here—I do not remember anybody making an application to me on the prisoner's behalf, to see if there were not 10s. worth of stamps missing from the amount he had received that morning—I do remember Mr. Wontner's clerk calling on me—he did ask me about the stamps—I told him that the stamps were made up that evening, and they were at the office opposite—they could not be made up till the evening, because of the business transactions during the day—it was some days after the prisoner was taken in custody, that Mr. Wontner's clerk came—it had then been ascertained what the stamps and the money were, of the day when the prisoner was taken into custody—I have the statement of them here—I have the amount of stamps delivered in the morning—it was 10l. worth—The amount left unsold in the evening was 5l. 2s. 6d.—the amount of money to answer the stamps sold was 3l. 6s. 5d.—there is a mode in which the deficiency is accounted for—the prisoner told me in the presence of the officer when he was taken—I took it down—he said, Mr. Jones owed
Mr. Stamper 10d., error in change 10s.; a gentleman in Surrey-street owed him 1s. 2d., Mr. Stillwell 3d., and a minus of 2s. 6d., the night before—the amount altogether that I could make up was 9l. 7s. 8d.—I made a deficiency of 12s. 4d.—the error in change occurred some time before; not on this day—I made a memorandum of how much was taken by the officer; but I did not know at the time what he took away—giving credit for the 10s. taken away by the officer, there would be 2s. 4d. deficiency—I have known the prisoner for ten or twelve years—my first acquaintance was in 1849—he came in February, he left me in October, 1850, to go in the country for his health—I lost sight of him from then till 1856—I never had any reason to suppose that his character was otherwise than good—during the time I have, had opportunities of knowing him, his character has been respectable and that of a honest man—I made inquiry before I took him on the second time—he is the son of a clergyman—there are four persons in my shop; two are generally in the shop, one is in the laboratory—their names are Newton, who is here; Mr. Glass, I don't know his Christian name; and Harper; and there is another, a Mr. Samuel Rouch, who is in the laboratory—it was the prisoner's duty to be there at about half-past 8 o'clock in the morning; his duty was not done till after 9 o'clock at night—there was also a person of the name of Jones, who used to attend there—the prisoner went to his dinner, and was out some part of these hours—one of the clerks attended to the post-office during his absence—the drawer in which the stamps were put and the money was kept, was locked; the prisoner had the key of it—it was the prisoner's fault if the key was left in—I often sold postage stamps myself—when he used to be away, he left a certain quantity of stamps out and money, and they were put by themselves in a little drawer, and when he came back he used to see that they were correct—there are two different drawers—I know the drawer this box was found in; it was the drawer of which the prisoner had the key—I do not know of its being often open, it might have been—I do not know that people in the shop used to open this drawer in which the half-sovereign was found, and help themselves to change—I do not believe that any person but the prisoner had access to it; he never allowed any one, for when he went away he took the key with him.
MR. CLERK. Q. At the evening of each day you take an account of the postage stamps sold, and the quantity of money received? A. Yes; until the evening I have no means of knowing what has been sold in any part of the day—they are sold over the whole day—at the close of that day I found 5l. 2s. 6d. in the till, according to that statement which I made at the time—the previous deficiency of 10s. was some days before this time—he explained that it was from a mistake in change—he gave that explanation the day he was given in custody—he had given it before, at the time that it occurred—on the 28th, the day before he was given into custody, there was a deficiency of 2s. 6d.—those other sums were sums which he said were due from different people—they have since been paid by those people—taking that all into account there was still a deficiency in the day's receipts—those other persons in my employ, whose names I have mentioned, had nothing to do with the making up the collection of letters on that day—they have nothing to do with it—they had nothing to do with the sale of postage stamps from this drawer, previously to the prisoner being taken into custody—neither of them had ever bad the key of this drawer, which the prisoner kept locked—he always kept it in his pocket—when he went to his dinner he gave us out stamps and money into a small drawer, and when he came back he
added them up to see if they were correct; and if they were wrong he told me of it—during the time of his absence the clerk from the office opposite managed the post-office business—I had this little drawer on purpose, because I wished the prisoner to know that he was the responsible person.
COURT. Q. The only other clerk that had anything to do with the post-office department, came from the office opposite? A. He came at twelve o'clock when the prisoner went to his dinner.
MR. GIFFARD. Q. Did you not have Newton and Glass up, and tell them that unless this previous 10s. was found, you would take them to Bow-street? A. That is perfectly correct.
COURT. Q. You say this 10s. deficiency was some days before? A. Yes; I said I should have an investigation made in some way unless it was found out—it was found out—it was in the evening, when the prisoner was away, that it happened—he left a certain amount of stamps—he went to his tea; when he came back, he told me that this 10s. was deficient—I interrogated them all about it—I found afterwards that there had been some stamps sold, and that they had made a mistake in the change—a gentleman came for 6s. worth of stamps, and gave a half-sovereign—the stamps were given to him, and the 4s. change, and the half-sovereign was given to him back again, as if it were change for a sovereign—I found that he did not give a sovereign, but a half-sovereign—I did not find out who the gentleman was—I was certain from the investigation that only a half-sovereign had been laid down, that that was the truth of the matter.
WILLIAM SMEE . I am a police-constable attached to the post-office—I took the prisoner in custody on 29th October—I found 7s. 6d. in silver in his pocket—I saw the box which he produced, and saw Mr. Gardner take a half-sovereign from it and identify it—Mr. Gardner said, "This is the half-sovereign that was inclosed in the letter that I have been inquiring for, how do-you account for the possession of it?"—the prisoner said, "I have taken a half-sovereign this morning for postage stamps"—Mr. Gardner then said, "Where is that half-sovereign?"—the prisoner said, "That is all I have got"—Mr. Gardner told him that was the half-sovereign that was in the letter, and gave him into custody.
Cross-examined. Q. You saw the drawer opened? A. Yes; the prisoner opened it—he pulled it out with his hand.
COURT. Q. It was not locked? A. No.
MR. CLERK. Q. Do you know whether there was a key in it, or not? A. I did not notice the key.
COURT to HENRY BURFIELD. Q. Do you know of the prisoner's having gone out that morning? A. I was not at home that morning—Newton was there.
COURT to CHRISTOPHER NEWTON. Q. Had the prisoner been away at all between ten and twelve o'clock? A. He was there all the time—from ten o'clock in the morning till the time of his apprehension he had not been away.
GUILTY .— Three Years' Penal Servitude.
THIRD COURT.—Friday, December 2nd, 1859.
PRESENT—Mr. COMMON SERJEANT; and Mr. ALD. ABBISS.
Before Mr. Common Serjeant and the Eighth Jury.
MR. COOPER conducted the Prosecution, and MR. RIBTON the defence. The evidence was of a nature unfit for publication.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
THOMAS GREW . I live at Plaistow-park, West Ham—on Wednesday 16th November, about 1 o'clock, I saw a white duck, which was my property—I missed it a little after 2 o'clock—I ran after some persons but could not catch them—I have not seen it since.
JAMES HUTCHINE . I live at Plaistow, and am a labourer—on Wednesday 16th November, I saw the prisoner with two more in Plaistow-park, near Mr. Waller's house, just after 2 o'clock—I saw him stoop, and the other two walked away—they began to run and Johnson followed them—he was just up against Mr. Waller's house when he stooped—I am sure it was Johnson—I had known him before—I work at the same place.
Prisoner. I was at Mr. Raymond's house at the time he says he saw me; about a mile and a half from the place.
COURT. Q. Are you sure it was he? A. Yes; I had known him well—I was about 200 yards from him, in Upton-lane, mixing some water at the back of the house where I work—it was broad daylight.
COURT to THOMAS GREW. Q. Do you know what distance it was? A. I don't know exactly—it is a distance at which there would be no difficulty in seeing—I could see well.
WILLIAM CLARK . I am a labourer at Plaistow—on the afternoon of 16th November, I saw the prisoner at Plaistow-park, coming from the direction of Upton—I afterwards saw him cross to Mr. Waller's house and throw something down and the duck flew to him, more than walked—he directly picked the duck up, placed it under his coat and ran away—there were two other young men with him—they went on first and he followed them directly—I jumped over the fence and ran after him—I called out, "Drop that duck"—he turned round, and owing to it being a strange place I lost sight of them all three—I am sure he is the man.
ISAAC GAY (Policeman, K 486). I took the prisoner on the 17th—I had Hutchins and the prosecutor with me—I told him that Mr. Grew gave him in custody for stealing a duck—Hutchins identified him in my presence as the man he saw—the prisoner said, "I know nothing about it; if I have suffered once it is not right I should be always here."
Prisoner's Defence. I am not guilty of stealing the duck.
GUILTY .—He was further charged with having been before convicted.
WALTER KERRESEY . I produce a certificate (Read: Central Criminal Court, April, 1858. William Johnson, convicted of stealing 8 tame ducks and some fowls. Confined Six Months.) The prisoner is the man.
GUILTY.**— Confined Nine Months.
JOHN PULLING . I am in the service of Mr. Prothero, and live at Leytonstone, in Essex—on 11th October, Mr. Prothero had a bay mare in his field—I went to see after it on the 13th, two days afterwards—it was not there then—I did not see it again till 7th November, when it was brought home by John Puffett.
JOHN PUFFETT . I am in the employment of Mr. Prothero—on 7th November, I went with police-constable Brooks to the Victoria beer-shop and saw a bay mare there, which I knew to be Mr. Prothero's, and to be the one which had been stolen off the marsh—I took it home.
JOHN REUBEN BRIDGE . I live at 41, Wellington-road, Bethnal-green, and am a tailor—I was in the Victoria beer-shop on 13th October—Mr. James Clarke, a cab proprietor, was there, and the prisoner—the landlord asked me to write out a receipt for 21l. for the prisoner—the prisoner told me it was for a bay mare or a horse—I objected first of all to write it out, not being much of a writer—I had never seen them before—the prisoner did not exactly say that he had sold it to Mr. Clarke, but it appeared so—the price of the mare was 21l.—this (produced) is the receipt I wrote—it was read over to the prisoner and he put his mark to it—(Read: "October 13th, 1859. Received of James Clarke the sum of 21l. for a bay mare. October 13th, Thomas Hill, his mark, witness, John Reuben Bridge, 21l.)
Prisoner. Q. Did you see the money paid me? A. No; I did not write two receipts; only one—I do not recollect writing one, and Clarke refusing it—Clarke had the stamp which I placed on it; I think he bought it—I did not pay attention—I do not thoroughly recollect about any money being paid for the tail, but I know there was something said about it—I said to you "Mind, I see no money," or words to that effect—nothing was said when I said that—nobody said whether the money had been paid or was going to be.
James Clarke being called upon his recognisances did not appear.
WILLIAM BROOKS (Policeman, K 340). From some information I received, I went on the morning of 7th November with Puffett to the Victoria beer-shop in the Wellington-road; and found the bay mare in question in a stable—as soon as it was turned out of the stable, Puffett identified it as his master's property—in consequence of something that passed, I waited for the witness Clarke—he came about 11 o'clock, two hours afterwards; and we two went together to the station, in Spital-square, where the prisoner was in custody—I stated the case to the inspector, and the prisoner was conveyed to the West Ham station, in custody of another policeman.
FRANCIS MAY (City policeman, 613). On the morning of 7th November, the prisoner was given into my custody by the witness Clarke—I took him to the Spital-square station—I told him what he was charged with—when he was asked how he came in possession of the horse, he said, "I bought the horse from a man named Ward, in Smithfield for 24l."—in a few minutes he said, "I did not buy it from a man of the name of Ward; but I was authorized to sell it for a man of the name of Ward; I was to have 1l. for it, but only had 16s.
The prisoner's statement before the Magistrate was here read at his request:—"I say that Mr. Clarke was perfectly aware that it was a stolen horse, and I have witnesses to prove it. I never received more than 16s. The agreement was that I should receive 1l. for selling it within a fortnight; but taking the horse away, and turning it into the London fields, I did not
receive more than 16s.; I did not ask for more. I told him I would have no more to do with it. Clarke went with me from his house to the stable, I led the horse by the head, and he showed me the way to the London fields. I left him on the way from the held after leaving the horse there. I did not know from the Monday night to the next Sunday morning but what the owner had the horse; Clarke told me that he had fetched the horse up. I said I would have no more to do with it. He said I should not get into any trouble about it. Several times we have had words about the horse, but he would not give the horse up again. On Saturday last we had words, and I threatened to hit him in the eye, because he would not give the horse up. He laughed at me, and said he had got what would clear him. I told him he should be with me if I got into any trouble through the horse. I left him and went away, and did not see him any more until yesterday morning, when he gave me into custody. He perfectly knows I have no stable."
Prisoner's Defence. I was sent with the horse to Mr. Clarke, and I did not know at the time but that it was honestly come by. He asked me to make a receipt out I could not write, and I refused to do so the first night; I came to his wishes the next night; I did not know then whose the horse was. When I knew it was a stolen horse I wished to turn it out. On the Monday night following I assisted in turning it out. I went to his house, and asked him to let me turn it out, and he refused. He went with me to the stable. I did not know the way to the London fields; he showed me the way, and I left the horse on the field; and the Sunday following I was by his house, and I asked him if he had seen anything more of that horse. He said he had got it up in the stable then. I told him I would have nothing more to do with it, as it was a stolen horse. He told me he did not get me into any trouble with the horse. I heard of it being lost several times; I wished to let it go, so that the owner should find it, but he refused. We had great words about it. Before the receipt was made out, he cut some part of the horse's tail. I asked him what it was for, and he said it was because it should not be known. I believe Mr. Prothero found that part of the tail had been cut off.
COURT to JOHN REUBEN BRIDGE. Q. Was it on the 13th October that this receipt was given? A. Yes.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
MESSRS. ORRIDGE and LEWIS conducted the Prosecution.
THOMAS CROWDER . I am a partner in the firm of Wynn, Rose, and Company, of the Thames Graving Dock—on the morning of 3d September their shed was broken into—it is a portion of the Victoria Docks—among other things I missed eight bags of nails, each containing one hundredweight—Harvey had been in our employment, but had left, I think, two months—he bad been at job work—he was employed on a pontoon adjoining the shed which was broken into—we had discharged him.
Cross-examined by MR. TINDAL ATKINSON. Q. I Suppose you have a great many people employed? A. Yes; sometimes a hundred—we are continually changing them.
JOHN MATHEWS . I am a watchman at the Thames Graving Dock, in Messrs. Crowders' employ—I went to the shed in question on the evening before the robbery, and found it perfectly safe, and the property also—I went again next morning, from information, and found that it had been broken into, and the dock fence was broken down—I picked up this box (produced) which I know nothing about outside the fence,—I went to the outer gate, and saw a horse and cart driving by with six persons in it—it was then about half-past 5 in the morning.
Cross-examined by MR. TINDAL ATKINSON. Q. How far were you from it at the time it passed? A. About three yards—it was going by fast—that is not a great public thoroughfare—it was a thoroughfare—the public go by there in the daytime with horses and carts, and there are sometimes cart at night—the workmen go along there to their work in the morning—they generally get there about 6 o'clock—I have seen the prisoners before—I am a workman there—I had not had information that the property was gone at the time I saw the cart; but I had seen that the fence was broken.
Cross-examined by MR. METCALFE. Q. Is this the gate at which the labourers come in? A. Yes; the only gate—the fence is fourteen or fifteen feet high.
MR. LEWIS. Q. Did you know all the prisoners before? A. No; I knew Pomfret and Harvey—it was between dusk and daylight—there was no gas, and no moon—I could not see a person's face at three yards off—I did not call out or interfere in any way.
RALPH COWELL . On Wednesday morning, 2nd November, a little after a quarter to 5 o'clock, I was going to work, and saw a cart about one hundred yards below the gate, the main entrance—Harvey and Pomfret were standing close by it; it was not in motion—I work at the docks—I went past them, and was about a yard from them—I saw them distinctly—they are the men—on 1st November, I was at John Parry's beer shop in North Woolwich, and saw Harvey there, whom I knew, mending this box with two pins—there is one pin in it now—it is the same box which I afterwards saw in the custody of the watchman—I asked Harvey what he was about now, and he said that he had been selling some herrings.
Cross-examined by MR. TINDAL ATKINSON. Q. Were you with Mathews when you saw the two men in the cart? A. I had left him—I did not go with him down to the gate—I have not said that I know of that I was more than a yard from the cart—there is only one foot-path, and I was on it—it was rather a damp dull morning—it had been wet the night before—I could not see so well as I could in daylight—I never saw a box like this before—I took notice of it—it was mended by two pins—the other pin was at this end—it was mended on the other side somewhat similar to what this is, and was driven in like this—(MR. ATKINSON here produced another box)—I am quite sure it was not a box like this—it was nothing at all like it.
MR. LEWIS. Q. Had the box you saw in Harvey's possession one side off? A. Yes; and so has this.
WILLIAM CUNNINGTON (Policeman, K 315). From information I received I went to St. Leonard's-road, Bromley, on 3d November, at 4 o'clock in the afternoon, in plain clothes, and saw Freeman alone with the horse and cart—I told him that I was a policeman, and said, "Did you go out on Wednesday morning with your cart?"—he said, "No," and afterwards he said, "I went
to Spitalfields-market"—I said, "Did you go anywhere else?" and after some hesitation he said that he did—I said, "Where?"—he made no reply—I said, "Did you go over the iron bridge?"—he said, "I did, and down the Barking-road," but that he did not know the name of the house—I said, "Did you have anything in the cart?"—he said, "I do not know"—I told him that unless he showed me where he went that morning I should certainly take him in custody for conveying some nails from the Graving-dock, North Woolwich-road—he said, "I will show you where the man lives that engaged my cart," and named Harvey; "I have my cart loaded with coke, and if you will let me unload my cart, I am going almost next door—I complied with his wish, but before unloading the cart I went to Harvey's house and saw the daughter, but I could not find him there—nothing was said about nails then—she said that he would be at home at 7 o'clock—Freeman had to deliver the coke next door, and I left a message for him at the place where Freeman delivered it—at 7 o'clock I saw Harvey, and Freeman said, "That is the man that engaged my cart"—I was close to him; he could hear what Freeman said—I asked Harvey to step outside, and I apprised him who I was—I said, "Did you engage Freeman's cart on Wednesday morning?"—he said, "No"—I said, "Are you quite sure of that?"—he said, "Oh! I often engage his cart;" I said, "Did you engage it on that morning?"—he said, "I did, and when Freeman came to my house to do the job he would not do it"—I said, "What was done with the cart?"—Harvey said, "We both got into the cart and went to market"—I said, "What market?"—he said, "Spitalfields"—I said, "Did you go anywhere else?"—he said, "No, I am quite sure of that"—I afterwards took them to the station—I said they were charged with stealing the nails from the dock—when we were going to the police-court in the morning Freeman said, "If you will make me a witness, or the Magistrate will admit me to bail, I will assist you in recovering the property, and in bringing the parties to justice, as I was only drawn into it"—the Magistrate was spoken to respecting what the prisoner had said, and he refused making him a witness, or admitting him to bail—he said all this voluntarily to me—this was after the remand—he said, "I have taken the property to my stable and unloaded it—it remained there till the afternoon—Harvey came and took the property away to a place in Helithorpe-street, Poplar"—I said, "Where?"—he said, "Harvey has taken it in my cart to Watson's, and disposed of it, and I fetched the cart away"—I may have omitted a little of the conversation: Freeman said in his statement—"While we were waiting for Harvey we went into the Bull and Anchor at the entrance of the Victoria-docks to get something to drink, and while I waited there, Harvey took the cart away and went over the swing bridge at the entrance of the Victoria docks, and in about twenty minutes returned with the cart"—I said, "Did you accompany him in the cart?"—he said, "I did, and got into the cart and rode as far as the East India-docks"—that was after the return—I asked what was in the cart at that time, and he said, "Something resembling gunny bags"—I asked him how many were in, and he said he thought no more than four or five—I said, "Do you think there is seven or eight hundredweight?"—he said, "No, not more than four or five;" that he got out of the cart at the corner of the East India-dock, and went into a coffee shop to have a cup of coffee, and while there, Harvey had taken the cart away, unloaded it, and returned it to the same place—I afterwards apprehended Pomfret—he came out of Freeman's house in St. Leonard's-road, Bromley at a quarter to one on Monday morning, 8th or 9th November—I had been there all Saturday and Sunday night waiting for him—I called
him by name—while I was waiting there the policeman in uniform who was on the beat came up—Pomfret's wife opened the door, but directly she saw the policeman she shut it—Pomfret and his wife came out directly the policeman passed—I called "Pomfret!" but he made no reply—I called "Pomfret!" again; he made no reply; he took no notice—I touched him and asked him if his name was Pomfret—he said, "No"—I apprised him who I was—I asked him what his name was—he said, "My name is George Hennessey"—I said, "Where do you live?"—he said, "14, Maryland Point, Stratford—every one knows me—I have just come from South Lambeth," and he described the way—I said, "What female was that with you"—he said, "That is nothing to do with you, I live at Maryland Point"—I then took him to the station, and told him he wag suspected of the robbery, and when he got to the station he gave his name, "Henry Pomfret."
Cross-examined by MR. TINDAL ATKINSON. Q. How long have you been in the police force? A. About three years and a half—I have been employed on a number of beats—I always receive instructions from my superiors as to the discharge of my duty—I never cross-examine a man when I apprehend him—it is not right to put questions—my superior does not tell me when I take a man in custody that I am to make him explain his conduct—Pomfret voluntarily told me he had been at South Lambeth—Harvey has given me no information—I put questions to him—when I went to Pomfret' house I did not say, "l am a gentleman"—I did not say that I was a friend of Harvey's, and had come to see about getting Counsel for him.
Cross-examined by MR. METCALFE. Q. When you called on Freeman you asked him if he had been out with the horse and cart, and he said, "No?" A. He did; and after some hesitation he said, "I have been to market"—I may possibly have said that before—he did not, in the first conversation, say that he had been to Spitalfields market, and then to the Bell and Anchor—the conversation about the Bell and Anchor was while we were waiting for Harvey's return—I said, "Shew me the man that engaged your cart, and the place where you took the property, or I shall certainly take you in custody"—that was before he told me that he had been at the Bell and Anchor—I did not take any memorandum of these conversations, I was not aware that they would be so long—he voluntarily told me all this; I have not instructions to cross-examine any one—I asked him questions respecting whether his cart was out that morning—after I had asked him all these questions he pointed out Harvey to me—he did not say" I drove back the cart to my yard; it was taken on by Harvey, and Harvey took the property to the place, and then I brought back the empty cart"—he said that it was unloaded, and remained there till the afternoon—he said, "Harvey came and took the property away in my cart, to a place in Helithorpe-street"—I did not report all these conversations to my superior officers, nor reduce any of them into writing—if I take a party in custody I take him to the station, and the sergeant or the inspector reports the circumstances himself—they voluntarily told me all this—I did ask certain questions with regard to the cart, but nothing further than to give me sufficient ground to take the prisoner in custody—I did not tell the inspector that I had asked all these questions, they told him at the station—I cannot say all that they told me, perhaps not half—he is not here.
MR. LEWIS. Q. All the latter part of the conversation took place in the presence of the inspector, as I understand you? A. Freeman knocked at the cell door and voluntarily told the inspector—it is usual for a policeman to justify himself in taking a man in custody, to ask certain questions—before
I cross-examined them I apprised them that I was a constable—I did not tell Pomfret that I had come to help him to retain Counsel—I did not recommend Mr. Atkinson.
Freeman received a good character.
NOT GUILTY .
Before Mr. Common Sergeant.
PLEADED GUILTY .**— Four Years' Penal Servitude.
MR. BEST conducted the Prosecution.
WALTER SMITH . I am page in the service of Mr. John William Bolton, who resides at Lee, in Kent—On Thursday morning of 6th October I saw a silver ladle, safe in the pantry at ten o'clock—I then went out for three-quarters of an hour—I did not miss the ladle till the afternoon—I then found that it was gone—this is it—it has my master's crest on it.
Cross-examined by MR. RIBTON. Q. Do you know the prisoner? A. No—I don't know that he is a dustman—there had not been any one there cleaning the dust out that day or the day before—there is a contractor named Coust who comes to take the dust—I had not seen the prisoner taking the dust.
JAMES MC CLELLAN . I am a silversmith at Deptford-bridge—on Thursday, 6th October, the prisoner came to my shop about 8 o'clock in the evening with another man—the prisoner brought this ladle and asked me if it was silver—I told him it was, and asked him how he came by it—he said he found it in the dust in China-court—I asked him how long he had had it; he said "Three months"—I told him I should send and make inquiries about it—he desired me to let him have it as he had better keep it a little longer—I told him again that I should make inquiries, and he repeated that he had better keep it a little longer—I said I should make inquiries at the station-house—he asked when he should call again—I told him in half an hour—he left the shop in company with the other man—I went to the station—the prisoner did not come again—I gave the ladle to the inspector.
Cross-examined. Q. Had you ever seen the prisoner before? No; my sister happened to be in the shop; she was on one side of the shop and I on the other—she only saw the men's backs—they were in the shop from 5 to 10 minutes—there were no other persons in the shop—it is lighted with gas—I think I saw the prisoner again in about 14 days—I applied to the police and they made inquiries—they said I should be required to go to identify the boy who had stolen the ladle—they told me he was in custody on another charge—I went to Greenwich and he was shown to me in the police-yard—he was with another person at the time who was dark and about the same height—I did not notice the other—the prisoner was the one with whom the transaction took place—I gave a description of him to the police—I said he was a pale-faced young man, and had a light jacket on.
WILLIAM YOUNG (Policeman, R 144). I was on duty in the neighbourhood of Lee on 6th October—I saw the prisoner leave Mr. Bolton's house about 12 o'clock-there was another man with him of the name of Brown.
Cross-examined. Q. Is it a thoroughfare? A. Yes; it is not a public-road up to the house—I saw them on the road—I might have seen 200 or 300 others—I knew them well.
JAMES WILLIAM CROUDH (Policeman, R 118). I apprehended the prisoner about the 14th October on Shooters-hill on another charge—I told him there would be another charge of stealing a silver ladle from Lee—he said he knew nothing about it.
GUILTY of receiving.— Confined Six Months.
MR. LANGFORD conducted the Prosecution.
GEORGE ATTWELL . I am a patten-maker and reside at the Royal Arsenal at Woolwich—on 22d October I was in the Beresford Arms—I went in for a pint of ale, and while paying for it the prisoner snatched my purse out of my hand and ran away with it—I had taken it out of my pocket to get money to pay for the ale—I had 2l. 15s. in it—I had not said anything to him or he to me—I ran after him—he had a cap on—I am quite sure he is the man that did it.
Prisoner. Q. Were you in the tap room? A. No, at the bar; the landlord and his son were there—there were other persons in the tap room—I had been in the tap room and came out—I did not see you there, I ran after you, and never lost sight of you—I don't know what became of the purse.
COURT. Q. Could he have got rid of your purse without you seeing it? A. Yes; he might have thrown it away—it was about 11 o'clock in the morning—I was about ten yards behind him—he ran up towards Rolfe's wharf, that is by the side of the river—there are houses on one side and the river on the other—he was taken about 300 yards from the place where he took my purse—he had got outside the door before I started—he had a cap on when he started—I did not see it come off—it was not on when he was taken.
THOMAS YOUNG . I am a waterman at Woolwich—on the morning of 22d October, I saw the prisoner running in a direction from the Beresford Arms—the prosecutor was following him—I did not see him stopped—Rolfe's wharf is by the side of the river, about 200 yards from the Beresford Arms—the water was not high—it was down about 20 yards from the side—I did not see the prisoner after he left High-street—he had three corners to turn before he was taken—he had to pass the Bell water gates—he went down High-street turned into Sergeant-street on to Trover's wharf and then to Rolfe's wharf—I did not see him on the wharf—I saw him run down High-street—he had no cap on.
THOMAS WATSON (Policeman 124 R). On Saturday morning 22d October at 11 o'clock, I saw the prisoner running—he was coming from the Beresford Arms down High-street—he turned towards Rolfe's wharf—there was a cry after him—I went round and met him—I took him—I told him why I took him—he said, "I know nothing about it"—I found nothing on him—he had no cap on.
GUILTY .— Confined Four Months.
MR. RIBTON conducted the Prosecution.
MARTHA WICKHMAN . I am single; I keep a tobacconist's shop in High-street, Deptford—on 24th October the prisoners came into my shop about a quarter-past 10 o'clock at night—I was in the shop alone—they asked for some pipes, I showed them some and they bought one and paid a penny—Jeffries tried to go into my sitting room but I shut the door—he then tried to come round the counter—I prevented his going there—a gentleman came in and purchased some tobacco, and while he was there the prisoners left—the gentleman left, and the prisoners came in again directly afterwards—I asked them what they wanted—McGee said he had broken the pipe—it was broken off near the bowl and they said they wanted some pipes—I showed them some more pipes, and while I was showing them McGee threw some snuff in my eyes—that blinded me for a time, and he took my brooch at the same time—it was in my dress and he tore it out of the dress—it had a watch and a chain on it—the other prisoner was standing by his side—they ran out of the shop—I recovered myself in about a minute and went in the street—there was a man standing there—I gave him information—I returned to the shop—I saw the prisoners again about 11 o'clock the same night—they were shown to me at the police-station—they were alone, I am certain they are the two men.
Jeffries. Q. How far was I from you? A. A very little distance—I was in the shop.
COURT. Q. Was the bowl of that pipe that was broken left in your shop? A. No.
ANDREW BRYAN . I am a labourer, and live at Deptford—on the night of 24th October I was near Mrs. Wickham's shop—about a quarter past 10 o'clock I saw two soldiers come out of her shop, and run down the road—to the best of my belief Jeffries was one of them—I saw his face under a gas light—I don't speak to the other—I returned to the shop and Mrs. Wickham was at the door—she told me something, and, in consequence of what she said, I went to a policeman—I found him at the bottom of High-street.
Jeffries. Q. Did you see me come out of the shop? A. I saw two soldiers, and to the best of my belief you are one—you ran away.
JOSEPH GALE (Policeman, R 270). On the night of 24th October the last witness came to me about half-past 10 o'clock and made a communication, and I and another constable went in the direction of the London-road—we met another constable, and we went on and found the prisoners about a mile and a half from Mrs. Wickham's shop—we took them in custody and told them they were charged with stealing a brooch—Jeffries said he had not been in Deptford that evening—we took them to the station and sent for Mrs. Wickham, and she identified them.
BENJAMIN ROBINSON (Policeman, R 215). I was in Deptford on the night of 24th October—the prisoners passed me in the Lower-road going towards Rotherhithe—they were then about 400 yards from Mrs. Wickham's shop—I followed them with the other constables—I took Mc Gee—I told him he was charged with committing a robbery at Deptford—he said he had not been in Deptford that night, he had been in a public-house—I am quite sure the prisoners are the men I saw first—they were then in Deptford, and were together—it was about halt-past ten o'clock.
Jeffries. Q. Did you see me? A. Yes; you passed me.
—they had passed Robinson, and they came to me and said they had gut passes for the night, that is, permission to be out—they passed on, and Bryan came up to me and I went in pursuit of them—I suppose we went a mile and a quarter—they were walking very fast—we took them to the station—they said they had not been in Deptford that evening, but had been in a public-house—when at the station Jeffries threw this piece of the stem of a pipe under the grate, and he tried to throw this bowl of a pipe, but I took it from him—there was no snuff found on Jeffries—I found this snuff on the counter where the prosecutrix had been standing—there was one halfpenny found on McGee, but no pass on either of them.
Jeffries' Defence. I went in the shop. I did not take the brooch from her; they searched me and found nothing. I had this pipe in my hand, and threw it away.
McGee's Defence. I had not been at Deptford that night.
JEFFRIES— GUILTY .
McGEE— GUILTY .
Before Mr. Recorder.
RICHARD ASTILL . I reside in London-road, Brighton, and live on my property—Maria Astill is a niece of mine—she came down to Brighton by an excursion train on 30th October, and in the evening I went with her to see her off at a little after 6 o'clock—I went on the platform and asked the porter what time the excursion train was going to New Cross—he said at a quarter past 6—I asked him if he would see her safe to New Cross—Mr. French was there, and he said, "I am going to New Cross; I will accompany the young lady"—he said he would take charge of her, and see her safe—I looked at him, and he said, "You need not be afraid of me; I have a wife and a family"—I did not leave her in his charge—I left her.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You are not directing the prosecution; you are aware that the whole matter has been settled? A. I have nothing to do with that settlement—I had nothing to say in the matter one way or the other.
MARIA ASTILL . I am 17 years old—I reside with my relatives in Plough-road, Rotherhithe—on Sunday, the 30th October, I went to Brighton by an excursion train—I had a third-class ticket—I went with my uncle about 6 o'clock that evening to the station—I saw Mr. French there; he said he would ride with me—I got into a third-class carriage with him—I was alone with him in the carriage—I told him I did not like that carriage, I would sooner go in another one, and he got out to look for another, but he came back and said, "Never mind, this is a nice carriage; we shall be nice and warm here"—when the train started he began talking about love, and saying what a nice place the country was for lovers to make love in—I did not answer him, but he kept on, and shortly afterwards, when we got in the dark, he put his arm round me and tried to kiss me, and put his hand up and down about my knees, with his hand outside my gown—I resisted that, and got up and stood against the window—I said I would get in another carriage—the prisoner did not do anything else to me—he was not long in doing it—he wanted to know if there was any recompense he could make, and would I forgive him—he kept talking, but I made no answer; and when the train came to the Three Bridges, I spoke to the guard and told him what had happened, and insisted on getting into another carriage, and went
on till I came to New Cross—I there saw the defendant—he had been locked in the carriage—I there made a complaint—he said he was very sorry, and offered me 10l., 20l., or 30l. if I would not give him in charge, as he had a wife and a large family—he said, in presence of the guard, that he was very sorry for what he had done—I told him I was a respectable person, and I never gave him any encouragement, nor spoke to him at all—I said to the guard, "Take me out of this and put me in another carriage, this man has been insulting me;" and he took me out and put me in another carriage—when I got home I made a communication to Mrs. Hammerly, my aunt—I told her I did not like to go before the Magistrates—I never went in my life before, and I did not like to go.
Cross-examined. Q. I think you said his having been locked up all night was a sufficient punishment? A. Yes—when I spoke to him he at once apologised, and did not take any further liberties with me—he expressed his great sorrow for what he had done—he put his hand outside my dress—he was sitting by my side—he put his hand on my knees—the moment I moved and indicated that I did not like it he gave it up, and expressed his great sorrow—he said, "I will go in another carriage, or do anything you desire"—I don't believe he said he had not intended any insult—I got up, and he asked me several questions, but I can't remember what they were; I never made him any answer—the moment I got up he apologized—I don't recollect his saying that he did not intend to give any insult—I have since received a sum of money, with the concurrence of Mrs. Hammerly—I accepted it as a full remuneration for anything that occurred—I had no wish to proceed further, and am most unwillingly here—I had the money, and used it—I have not been a good deal about with Carpenter, the policeman—he came down to fetch me—I was in Warwickshire with my grandfather—I did not wish to have anything more to do with it—it is a matter which I, as far as I could, have settled—there were no lights in this third-class carriage—I thought he intended putting his hand on my dress, or I should not have done what I did—when he apologized I did not think it was an accident—I am almost certain it was not—I got out at the Three Bridges.
MR. ROBINSON. Q. You say Carpenter came down to fetch you? A. Yes—I don't know that that was by order of the Magistrate—I was persuaded to take the money.
FREDERICK LAMMEY . I was the guard of that train—when we arrived at the Three Bridges I saw the last witness; she made a complaint to me—the prisoner heard what she said—she said he had taken liberties with her in coming from Brighton to the Three Bridges—I asked him whether the young lady had got out of that compartment; he made me no answer—I put her in another carriage, and made a report to the station-master at New Cross.
COURT. Q. Had she come with the train from Brighton? A. Yes—the carriages were not full; there was plenty of room in any of the third-class carriages.
HENRY WILLIAM SMITH (Policeman, R 331). I was on duty at New Cross on that Sunday night—I saw Mr. French and the complainant—I asked what she wanted; she said, to give Mr. French in custody for indecently assaulting her in the railway carriage between Brighton and the Three Bridges—he said, "For God's sake, don't do it, for it will be the death of my wife, who is in the family-way now"—in going along he wanted to speak to her, but I told him he was in my custody—when at the station he offered her 10l. or 20l. if she would not charge him—she was asked at the station
the nature of the assault, and she said he put his arm round her neck, and put his hand on her legs and knees—he raised his hands, and said, "For God's sake, don't say so"—he said he knew he had done very wrong.
GEORGE COOKES . I was the station-master at New Cross—the complainant came to me and gave the prisoner in charge for indecently assaulting her—I took them both into the office, and she said there that he put his arm round her neck and attempted to kiss her, and put his hand on her knees—he said he was very sorry for it, and asked her forgiveness—she said, "I gave you no liberties, and you had no business to take liberties with me"—he acknowledged it, and offered her 20l. in my presence.
The prisoner received an excellent character.
GUILTY of a common assault. Recommended to mercy by the Jury.
Confined One Month.
MR. ROBINSON conducted the Prosecution.
MARIA ASTILL . I know the defendant, Mr. Henderson—there was an assault made on me by Mr. French—I gave him in custody, and I was told on the Sunday that I was to appear; but I made up my mind not to appear—I had been told at the station that I was to appear the next morning—I saw Mr. Henderson on the Monday morning—I don't know what he said to me—he asked me about the charge made against Mr. French—he asked me what sort of an assault it was, and I told him—he offered me 8l., and said it was all settled and I need not appear—he said the man had been bailed out—this was about half-past 9 o'clock in the morning—he was with me on that occasion about half an hour—on Monday night a paper was served upon me by Mr. Carpenter—I showed it to Mr. Henderson, and he took it away—this is the paper (looking at one)—I had a paper like this—Mr. Henderson called on me again on the Tuesday, and I showed him the paper which Mr. Carpenter had brought, and he said that I was to go away, and the summons was a mere nothing—I believe he used the word "summons"—I am not sure how long he was with me—I believe we were talking about this matter the whole time—he said he would call in the evening, and he would see the lawyer about it—I saw him again that evening, and he said it would be best for me not to go again—I went away—the reason I went away was, he said he had been to Brighton and seen my uncle and aunt and they would be very angry if I did appear.
The Recorder was of opinion that on this evidence the charge was not supported.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
JOHN AHEARN . I am a labourer in Her Majesty's Dockyard at Deptford—on the evening of 17th October, a little before 8 o'clock, I was with my brother in New King-street, Deptford—Scamel came behind us and tapped my brother on the shoulder—he asked my brother if he had any animosity or spite against him—my brother said no, if he had he freely forgave him—I never said a word to him—I was holding the child's hand—after about 2 minutes, Catherine Scamel came up—she hit me first; she pushed me away and then he hit me on my nose—we both fell together, and then he
began to bite my nose—he bit me well—I thought he was eating it—he used me most shamefully—his wife caught my brother while I was down and held him very tight, and I sung out to my brother that Scamel was eating my nose—this lasted I suppose about a couple of minutes—my brother took him off me; no one else came to my help—I went to the doctor's and got my nose strapped up—I do not know whether the prisoners went home or not—when I came back I was going to my brother's house, 2, Brunswick-square—the prisoners live next door—as I was going to my brother's door, my brother was behind me; the female prisoner had her hands behind her, and she struck me with a glass bottle, and it laid me up four weeks—I was standing when I got the blow, and as I was falling the male prisoner came on me and he used me most beastly and unchristianlike—I fell down and was insensible—next morning I went to my brother's house—I was going to get a summons for Scamel's wife—she was sitting on the door-step settled for a fight—she said, "Jacky, I have given you a mark with a bottle, and I will give you another"—that is the wound produced by the bottle (showing it)—the doctor attended to me for three weeks—I was in a very bad way—I never thought I should live.
Cross-examined by MR. HORRY. Q. Had you had any quarrel before this? A. Never a word—he asked my brother if he had any animosity against him—I do not know how he came to ask that question—we never had a word of difference—neither I nor my brother said, "What do you mean?" or anything of that sort—I have given the real truth of what took place—Scamel has said nothing to me about my conduct towards him—this was before 8 o'clock at night as near as I can say—I had been at work that day and was going along with my brother and child, to my brother's house—I was coming from New King-street—I had left work some time before—since I had left work I had been in and had half-a-pint of beer with my brother—that was all the liquor I had that night—I live in an opposite direction to my brother—we had this beer at the Red Cross, in High-street—I did not meet my brother there—I did not go to his house and fetch him—we work in the same employment—we were together at this public-house having a pint of beer—I was not in company with anybody else at the public-house, but my brother and child—I never called at Scamel's house—I never saw my brother go there—there was no one else with me but my brother and child, either at the public-house, or when we were outside walking—my brother is not altogether bald, I am more so myself—on my oath I never went to Scamel's door—I never saw my brother go there—I had a jacket on when they came up to us—I did not see my brother take his coat off—I never saw him without his coat—this was about 9 o'clock—I was at my brother's house till pretty well 12 o'clock—when I got the blow with the bottle, I did not know what happened—I was very near my brother's door when I fell from that blow—it is rather gravelly there—there are not many loose stones about—when we first fell I caught the prisoner by the coat, and we fell, and he was over me eating my nose—I wore a jacket; very likely he got hold of my jacket—he fell atop of me—this happened in a very short time—my brother lifted him off me, and then I got up and went back to the doctor's and got my nose strapped up—it was three quarters of an hour afterwards that this glass bottle was used—I lay very ill for three weeks—neither I, nor my brother, to my knowledge ever said if that we had known as much as we do now, we would have sworn twice as much—I did not want to fight—I never heard any such thing in the disturbance as, "The woman is murdered," meaning this woman—
neither I nor my brother followed Scamel down the alley calling him names—I never knocked the woman down in the course of the scuffle.
MR. ORRIDGE. Q. You say you have worked in the dockyard fourteen years? A. Yes: I left my work that evening about 5 o'clock—I had never in my life had any quarrel with Scamel before this.
PATRICK AHEARN . I am the brother of the last witness, and also work in Her Majesty's Dockyard, Deptford—in the evening of 17th October, I was in New King-street, with my brother—I saw the prisoners in the alley leading out of New King-street—Scamel came up and tapped me on the shoulder, and said, "Do you owe me a spite"—I said, "No, if I do, I forgive you"—my brother said, "You are a fine man, and you would kill us all"—he then knocked my brother down—when they were down, my brother said, "Patrick, he is eating me"—I tried all I could to extricate him, and I did—I brought him to the lamp and saw that his nose was cut on both sides—I took him to a chemist and got his nose strapped—about an hour afterwards, I was going to my door with him, thinking all was over—the female prisoner was standing at her door—I did not know that she had anything in her hand—she struck my brother and knocked him down, and then I took him to my own house till he was taken to the doctor's the second time.
Cross-examined. Q. Where were you coming from; had you been working together? A. We had worked the same day in the dockyard—we had not left the dockyard together—he came to my house and we walked out in the evening early, up the street—we had a pint of fourpenny half-and-half at a public-house—I do not know whether we had any more—perhaps I might say we had two pints of half-and-half—I had a sixpence, and I brought 24. home—we did not have more than two pints of half-and-half—we did not go into any other house—I do not know why Scamel asked me that question about having any animosity against him; no more than that his wife broke my window last summer, about four months ago, and I summonsed her—I forgave her—that might have been the reason—we had not met often before that—he works in another yard—I do not think I have drunk two pints of beer with him in my life—I often see the man coming from work—I had not spoken to him the week before, nor he to me, to my knowledge—all this time since the summer passed, before he came up and asked this question of me—there was only my brother and his child with me when I came up the alley—my wife was with me part of the time; no other person—she was not with me at this time in the alley, only my brother and a little boy about five years old—I used no bad language to Scamel—I will swear that I did not hear my brother say anything offensive to him before any disturbance took place—on my oath I did not see a stick in my brother's hand, or see him make a blow with a stick; nor did I see him with a poker, on my oath—I saw the police come up; they did not separate us—it was all over when the policeman came up, but he saw a brick or something thrown towards my door-Scamel was taken the next morning from his work—I had gone before the Magistrate that morning.
MR. ORRIDGE. Q. How long have you worked in the dockyard? A. Getting on for fourteen years.
BRIDGET AHEARN . I am the wife of the last witness—I remember the, night of 17th October—I remember John Ahearn coming from the doctor's when his none was strapped—as he came to my door the female prisoner made towards him and knocked him down with the bottle—I have picked
up part of the bottle, but I could not pick up the whole—the male prisoner fell on him directly—when Ahearn got up, his head was cut with the bottle—I helped to take him to the doctor's.
Cross-examined. Q. What time was this? A. Between 8 and 9 o'clock as near as I can say—I did not see any stick to my knowledge—I saw a little girl named Sullivan with a stick; I did not see where she got it—she was by Scamel's door—I did not see a poker—I never saw John Ahearn with a stick making a blow at Scamel's door—he had not time to go to his door before he was knocked down.
COURT. Q. Had you been with your husband that evening? A. I went out with him and John Ahearn—I dare say it was about 6 o'clock as near as I can say—I left them at once—I did not see anything of the affair in the alloy—I was not with them.
JONATHAN CRAGEEN . I am a surgeon practising at Deptford—John Ahearn was brought to my surgery at 1 o'clock in the morning of the 18th—I found a large wound on the top of his head, the left side, 3 inches long; a contusion over the brow, and a wound, on the nose, which could arise from a bite.
COURT. Q. Was that a likely way of its being produced? A. Possibly—I did not see it early afterwards—I was not the first person he was brought to.
MR. ORRIDGE. Q. Was his nose strapped up? A. The strapping was not on when he was brought to me, but I put a piece on—the wound seemed to be torn down—the wound on the head was a bruise, a contusion—it would have been produced by a blunt instrument—the sharp edge of a bottle would not do it—the whole bottle brought on a man's head would inflict a different wound to that—it could have been done by a soda-water bottle, if it did not break—the blow might fall on the head, and the bottle breaking might produce such a blow; but it would be likely to be cut a little—a soda-water bottle could have produced such a wound, but more likely a poker.
Cross-examined. Q. Your opinion is rather against its being done with a bottle? A. I am rather disposed to think it was not done with a bottle, although it could possibly have been—the wound on the nose was in the reverse direction to that which falling on a stone would cause—it was curved upwards—I did not observe any marks, but from the direction of the wound I should suppose it was caused by a bite—the wound was quite through—I do not think a person could have penetrated through it with his nails, unless they were very sharp and strong.
WILLIAM KENDALL (Policeman, R 318). I apprehended the prisoners—I told them what I charged them with, and that whatever they said I should have to use as evidence against them—the man said the Ahearns were lying in wait for him in the alley, and that he only acted in self-defence—I stated the same to the woman as I had said to the man—she said, giving me a portion of a poker, "It was time to do something when that was thrown at my head."
Cross-examined. Q. Did he say they were waiting for him that night. A. Yes.
Witnesses for the Defence.
MARY SULLIVAN . I am a single woman and live at Deptford—I do not remember the day of the month, but on Monday evening, about 8 o'clock, I saw John Ahearn—I know him; he lives at some part of Old King-street, but I do not know his number—when I was going out at the alley I met Scamel coming into it, and Ahearn running after him—John Ahearn told
Scamel's wife to follow "Crack'd Mike"—that is Scamel, her husband—she said that he was not a cracked man; that he could support his family—then Ahearn said that, if not cracked, he was a fool—Mrs. Scamel then shoved him against the palings, and he up with his fist and gave her a blow in the face and she fell, and there was a cry cried out in the yard of "Shameful murder"—there was a great number of people—when Scamel heard the cry he said that he should go after his wife, as she was murdered—I heard the cry again that the woman was murdered—I went to the dockyard just to find a policeman, but could not find one—when I returned the two policemen were there, and they were separated—I saw the Ahearns again that same evening, after 11 o'clock, at their own door—then there was a row again, and I went there and saw the two Ahearns standing at their own door wanting to fight Scamel—Mrs. Ahearn wanted to send her husband to fight—Scamel was standing at his own door—Mrs. Ahearn went up to him and called him a "cracked cockle," and wanted to kick him—there was a cry out—she tied something round Scamel's waist and wanted him to fight—he did not go to fight—then there was a cry in the mob, "Scamel mind the poker"—I did not see the poker, but I heard the noise—then there was a noise at his door, and then a silence for a few minutes, and then the mob cried out, "The man is murdered," and then the policeman came and separated them; put every one into his own house.
Cross-examined by MR. ORRIDGE. Q. In the first instance you only saw John Ahearn strike Mrs. Scamel? A. Yes—I did not see Scamel strike the Ahearns, I went away—when I came back the policeman had taken them away—I saw nothing of the first row, when the man bit his nose.
COURT. Q. You never saw Ahearn down on the ground at all? A. No; he was not knocked down at all as far as I saw—I saw John Ahearn at 11 o'clock; his face was disfigured then; it was dirty, and had signs of blood on it—I did not see him knocked down at all, nor with any out on his head—I was there when the policeman put every one into his own house.
EDWARD BROSHIELIN . I remember Monday, October 17, the day before Charlton fair—I know both the Ahearns—I saw Scamel standing at his own door on that day—I saw both the Ahearns and their wives—they were threatening to fight Scamel—Patrick Ahearn wanted to bring his brother forward to fight him—one of the wives came up and called Scamel a cockle, and spat in his face, and made a kick at him; but he was standing in his own doorway and did not receive the kick—after that, John Ahearn brought a stick out of his own house and came up to the defendant, who was standing in his own door at the time, and made a blow with the stick at him, and broke the stick—I picked up part of it and took it to Charlton fair with me—I have not got it here—after that Mr. Ahearn brought out a poker behind his back, and all the people, cried out to Scamel, "Mind the poker"—he moved back from the passage, and Ahearn threw the poker after him, but I do not know whether it hit him—then Bridget Ahearn picked up a bottle and threw—I did not see whether it hit anybody—the Ahearns were abusing them.
Cross-examined. Q. That bottle was whole at the time she picked it up? A. I cannot say—I saw her pick up the bottle and I heard it break—the stick was a rough one, a piece of a paling—I took it to the fair, because it is a custom for people to take some sort of weapon to Charlton fair—I did not see Scamel and his wife come up the court, nor the Ahearns—I did not see them up King-street, or out of the court at all—I only saw it between 11 and 12 o'clock—Mrs. Ahearn made a kick at Scamel, and spat in his
face, when he was standing quite quiet in his own door—I did not notice Ahearn's face at all after the row—the police came and dispatched them—I did not see Ahearn on the ground at all, or that he was touched by anybody—there was only the scuffle that I have said.
JOHN CATLIN . I live at Deptford—on Monday, 17th October, us near as I can tell, between 8 and 9 o'clock in the evening, I was going for some tobacco, through the alley leading to Brunswick-square—I saw some persons in the alley—I saw some men in the alley with a woman underneath them, and I heard the cries of "Murder! the woman is dead"—I came and released the woman from a man who had her by the hair of the head—I took her up, and then went out for a policeman, but when I came back, there was a policeman there—I cannot say whether the man is here that had her by the hair of the head, because I did not know them at the time—I could not speak to any of them—there were three persons.
Cross-examined. Q. What o'clock was this? A. I do not know; it was between 8 and 9 o'clock.
ANN HEWLAND . I am married—my husband is a labourer—I live at Deptford—on Monday night, 17th October, as near as I can say, between and 12 o'clock, I heard a disturbance in Brunswick-square—I was in bed, and I got out of bed when I heard the row, and went to Scamel's door—I saw John Ahearn and his brother go to Scamel's door, and ask if he was a mind to come out and fight him—Scamel said he could not fight two—some man spoke and said he would see fair play—then the two men rushed at Scamel's door, and knocked him down—the three were all down together—I saw John Ahearn and another man getting up—Ahearn's face was then all over blood—I saw him go to his brother's house, and wash his face, and then come to Scamel's door, and then his brother shoved him up before him to Scamel's door—I saw Ahearn's wife come out to Scamel, and call him a cuckold, and spit in his face, and make a kick at him—he was then standing in his own door—Patrick Ahearn used a great many bad words—I heard some man call out to mind the stick—Scamel went inside his door—the Ahearns stopped outside, abusing him—I saw Ahearn's wife stoop down to pick up a brick or a stone, I do not know which, and they told her to put it down.
Cross-examined. Q. Who was the other man getting up besides John Ahearn? A. I think it was Scamel—when Ahearn was getting up, his face was all bleeding—I saw him before this row began—his nose was cut then.
MR. HORRY. Q. Were there pebbles there? A. Yes—he fell just outside Scamel's door, on the pavement.
JULIA MC CARTENEY . On Monday night last I saw Patrick Ahearn—I went to his house—I asked him how they got on, and he said he would not call to-day—he said he would go further now than ever he did; that is all I heard him say.
Michael Scamel received a good character.
MICHAEL SCAMEL— GUILTY .— Confined Three Months.
CATHERINE SCAMEL— NOT GUILTY .
Before Mr. Common Serjeant.
MR. LANGFORD conducted the Prosecution.
drinking at the Prince of Wales public-house—after that I went to the Crown and Mason's Arms; he went with me—while there I fell asleep—before I fell asleep I had 1l. 19l. 2d.; I felt it in my pocket before I went to sit down—I do not know how long I was asleep; I suppose it was about half an hour—I was roused up by the servant of the house, and found my pocket turned inside out, and the 1l. 19s. 2d. was gone—I had not given anybody permission to take it—I do not know of my own knowledge who took it—Quarrington was gone out of the public-house when I woke up—I did not see him go out—he was there when I went to sleep.
COURT. Q. Had you known the man before? A. No.
MATILDA PORTER . I am single, and live at Woolwich—on Friday morning, 21st October, I was at the Crown and Mason's Arms—I went in about a quarter to 10—Oath was not asleep when I went in, but he said, "I will have a sleep"—he said so to the prisoner and another soldier that was there—he lay down and went to sleep—while he was asleep, I saw the prisoner put his hand in Oath's right-hand trowsers pocket, take the money out, and walk away—I did not see what money was taken—he drew his hand out and he never looked, but walked right away—I know it was money, because I heard it rattle when he pulled it out—I said to the prisoner, "What a shame for one soldier to rob another!"—he made no answer, but walked away and laughed, and then I saw the girl of the house rouse Oath, and I went and told the landlady at the bar.
Prisoner. Q. Did not you say, at the police-court at Woolwich, that you told him of it yourself? A. No—I went to the bar, and you went away as fast as you could, down the street.
COURT. Q. Was there anybody else there at the time this was done? A. No; only the soldier that was with him—he was asleep—I stood alongside of Mr. Edwards' servant by the fire, a little way off—the servant was standing opposite the fire-place, just as I was—I went there to get a pint of beer, and I went into the tap room and stood by the fire.
COURT to WILLIAM OATH. Q. Which pocket did you find turned inside out? A. The right pocket; the one I bad the money in.
THOMAS EDWARDS . I am landlord of the Crown and Mason's Arms, Woolwich, I saw Oath asleep in my tap room—the prisoner was sitting next to his right arm, there was another military train man there—I did not see the prisoner leave, but I followed him into the churchyard; brought him back, and told him that a man charged him with picking his pocket—he said that he had no money at all about him—a constable who was at the door come in, searched him and took him.
Prisoner. I never told you I had no money. Witness. You did, and you kept shuffling your hands in your pockets and wanted to smoke, but I would not allow you.
JOSEPH PHILLIPS (Policeman 130 R). The prisoner was given into my custody—he said that he had no money and wished me to search him—I did so, and found this sovereign in his trowsers pocket—I told him I had found it, and he made no reply.
Prisoner. I never told you I had no money.
COURT to MATILDA PORTER. Q. When the prisoner went away what became of his companion? A. As he was going away he touched him on the shoulder, he awoke and seeing that the prisoner was gone, he walked down the street and then came back and was locked up as well.
NOT GUILTY .
83. PATRICK LINAHAN (23), and JOHN BUCKLEY (23) , Un-lawfully assaulting Samuel Taber, a constable in the execution of his duty. Second Count, for a common assault. Third Count, occasioning actual bodily harm to Henry De Grey. Fourth Count, for a like offence on Eliza Richards. Fifth Count, for a common assault upon Marian De Grey. Sixth Count, for a like offence upon Cornelius Ragan.
MR. T. ATKINSON conducted the Prosecution.
HENRY DE GREY . I am a licensed victualler and have kept the Freemason's Tavern, nearly opposite the dockyard, Woolwich, for four years and a half—it is a large house—there are two compartments, the hotel side and the bar side—the doors come into the same street, we have officers there and the lodges, persons frequently come there after the last train has started—on Sunday night, 6th November, a little before 11 o'clock, I was about to close the house—the barmaid and the potboy were in the bar—there were sixteen or eighteen Irish men and women in the little parlour—the prisoners were among them—I told them to go out, as it was time to close, and while I was speaking a man deliberately broke a glass on the table—I said "You will have to pay for that"—he said "I did not do it"—I said "You will have to pay for it, and I shall have no nonsense about it"—the whole of the company then rose; jostled him out and jostled me out with him—I found if I remained outside I should have violence—I came in and directed the potboy to close his room—I assisted to close the doors, supposing the house to be empty—I then went to the hotel side and got the gentlemen all out except two friends of mine—I bolted the door and fastened the Bramah latch—I heard a great knocking outside and people hallooing "Let us in, let us in"—I told my waiter to let nobody in—the people could not open those doors and they went round to the hotel and burst the doors in—I tried to resist their further entrance, but about a dozen of them came in—the prisoners were the two first men that entered the house—they caught hold of me, pushed me along the passage, chased the potboy to the end of the passage and forced him against the bar parlour door, which burst open, and he got under the table—I could not find my wife, and I went into the passage again, fighting my way as well as I could—I looked into the bar and saw five or six men beating my barmaid, pulling her hair out and otherwise illtreating her—they attacked me and beat me about the head—I defended my face—I had been very ill during the last week, and I was nearly knocked down by them—they pulled out my hair—my potboy seeing my position attacked some of them with some implement, and they left me and chased him up stairs—I got out of their grasp, and there was not a single soul left in the house but the parties who were hurting us—in about a quarter of an hour, policeman 239 came—we had previously sent three messages to the dockyard for policemen, and they would not come—during that time they were hitting me and the barmaid—I ran before her for protection, and said, "What do you want, do you want drink or money; take anything, so that you leave the house"—the spirits were set on, and the glasses and plates broken, a box of cigars were strewed about the bar, everything was in a state of confusion; and they throttled my wife—the policeman behaved very well; he defended himself against numbers—Linahan deliberately struck me in the passage in the policeman's presence and split my lips—I gave him into the policeman's hands—the others attempted a rescue—the policeman said, "You must come with me directly to the police-court"—My wife was outside without her bonnet looking for the police; at, the time I gave Linahan in custody, Buckley was standing
behind—I saw him distinctly strike and kick the barmaid and pull her hair; she was very ill for a week afterwards, but she attended to her business.
Cross-examined by MR. O'CONNELL. Q. When were you examined at the police court? A. On the day following; my examination was taken in writing that day, but I was examined again as there was a remand till the Monday week—when the mob saw the policeman they walked out—I should think there were eleven or twelve altogether, when the door was pushed in, but whether they were all concerned in the riot, I cannot tell—Linahan came in first I think, and Buckley was behind him; but I was naturally very excited at the time—I supposed the house to be cleared, but when the persons attempted to break in, they said, "We have got a mate inside and we will have him"—I said nothing about keeping him there to make him pay for the glass they had broken—it was about 5 minutes to when I cleared the room; and about a minute after that, the glass was broken by a man sitting at the table—I should know him again if I saw him—I heard afterwards that the police took a man out of my house who, was lying in front of the bar—I did not see him because I was on the hotel side—I have three street-doors into the same street—I closed the house entirely before the mob came—two of the doors are sixteen feet from each other—the bar is circular—the room they were drinking in was about fourteen feet square, and is, perhaps, three or four feet from where I heard that this man was lying—it opens into the bar—I am sure that nothing was said about giving up the man till they came into the house—I said, "Go out of the house, and if there is a man there, you shall have him"—I should imagine they heard what I said, I spoke plainly—I do not know what quantity of drink they had—I was not serving the whole day, for I was not well—my wife was sitting in the bar-parlour when they burst in—the hasp and bolts were broken, and the door could not be shut that night—the bar was not up, because I had two friends to let out.
MR. ATKINSON. Q. Were you aware that there was a man in the house? A. No; I was desirous to get my house closed.
MARIAN DE GREY . I am the wife of the last witness—on Sunday night 6th November, I was in the bar parlour—I remember the doors being closed, and being broken open—I was not very well at the time—I saw the rush in—the prisoners are two of the men—they rushed into the bar parlour, and Buckley seized me by the throat and thrust me violently out of his way against the wall, and a small sideboard on which was glass and plates was broken—I struggled to extricate myself from him—I saw four or five men in the bar when I released myself from Buckley: seeing that they attacked my husband, I ran out to get the assistance of the police, and obtained it after some time—there was very great confusion—the liquor was turned on—we afterwards succeeded in clearing the house.
Cross-examined. Q. Did you hear anything said about a mate of their's being in the house? A. No; not until the house was closed and the confusion all over.
ELIZA RICHARDS . I am barmaid to Mr. De Grey—I was in the bar parlour at a little before 11 on this night; there was a noise outside first at the public part and then at the hotel entrance—the hotel door was burst open—some men came in—Mr. De Grey and a friend, and the potman, were in the passage—the prisoners were the first that I saw in the bar parlour—they first took hold of Mrs. De Grey by the throat, pushed her against the sideboard and broke some glasses—a lot more then rushed into the bar and
laid hold of me: five or six of them—they took me by the hair, threw me down on the floor on my back, and while I was down I was kicked several times—I had a net on my head which was pulled off with a quantity of my hair, which was picked up next morning—I was partly dragged through a window in the bar by my hair by Linahan—he tried to hit me first of all, and when he found he could not do that he caught me by my hair—Mr. De Grey came to protect me, and I saw Buckley strike him in the mouth—I could not identify any one who kicked me, because as fast as I got up I was kicked down again—I had marks of it for a fortnight.
Cross-examined. Q. Did you serve them with drink? A. I served the potman who took it to them—I cannot tell how much they had, as I drew for everybody—I was so ill afterwards that I thought I should be obliged to give my business up—I did not consult a medical man, but I thought of doing so.
CORNELIUS RAGAN . I am potman to Mr. De Grey—on Sunday night 6th November, I was serving customers on the bar side—some Irish men and women came in about 10 o'clock—they were cleared out just before 11—they then commenced kicking at the hotel door and broke it in—I was standing at the door trying to keep it, the waiter and Mr. De Grey were with me—Linahan came in and a lot more of them—Linahan caught me by the hair and dragged me to the hotel door—I got away from him, ran into the bar parlour and shut the door, but it was broken open—I was just getting under the table and my hand was on the floor—I was going to draw it in, when Buckley stamped upon it, of which there was a mark for three or four days—there was a struggle—I saw my master struck several times by the prisoners and by three or four more.
Cross-examined. Q. Was there any talk before they broke in? A. There was a good deal of talk outside, but I could not hear it—I heard nothing about a mate of theirs—but after they broke in they said they wanted to have their mate—we told them to go out quietly and we would bring him, but they would not, and began kicking—they had been drinking about an hour in the tap room—they had three or four pots of beer, and four or five pots of ale, between twelve or fourteen of them—they appeared to have been spending the evening somewhere else before they came, and had quite as much liquor as they could well carry—I was in the room when the dispute took place about the broken glass—the man who broke it got away—we do not know where he went to—Mr. De Grey asked the prisoners about it, and two or three jumped up and were going to hit him—there was a contradiction between them—they said they did not break it—he told some of them that they were liars—this was about five minutes before they were turned out.
MR. ATKINSON. Q. Are you an Irishman? A. Yes—I do not know the capacity of these men for taking liquor—some of them could not stand.
SAMUEL TABER (Policeman, R 239). My attention was called to Mr. De Grey's house, and I went there immediately, and saw a number of men shouting and hallooing—I saw Linahan in the passage, scuffling with Mr. De Grey, and saw him strike him in the face—I took him in custody, and Buckley and three or four more attempted to rescue him; two of them got hold of me—Buckley got on my right hand, and I had Linahan by my left—another man got me by the coat, and two others were pulling Linahan—I sprung my rattle, grasped him firmly, and stuck to him, but Buckley escaped, and was taken next morning at the dockyard, going to his work.
Cross-examined. Q. Was Linahan the only one left in the house? A. He
was the last person, and Mr. De Grey was tussling with him to get him out—he made much resistance, and told me that if I did not let him go, he would break my b—head, and he immediately struck me in the chest—he did not appear to be drunk—there were fourteen or sixteen others outside the house—it was some considerable time before my brother constable came up, but I had not got Linahan any distance;—I could not move a yard—Buckley did not strike me.
GEORGE HENRY CLAPMAN . I live at Woolwich, about a quarter of a mile from Mr. De Grey's—I was there with some other people on this Sunday night, on the hotel side—I saw some parties come in through the hotel door, which they burst open—I saw Mr. De Grey struck, and Mrs. De Grey and the barmaid—the prisoners took part in it—I saw Linahan strike.
The prisoners received good characters.
LINAHAN— GUILTY on all the Counts except the Second.
BUCKLEY— GUILTY on all the Counts except the First. Confined Three Months each.
PLEADED GUILTY .— Confined Fine Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .**— Four Years' Penal Servitude.
Messrs. CLERK and BEASLEY conducted the Prosecution.
WILLIAM EASTER . I am clerk at the district church of St. Mark's, Kennington, in the parish of St. Mary, Lambeth—this (produced) is the register book of marriages in that church, in the year 1828—I have an entry at page 117 of that book, of a marriage between Thomas Smethurst and Mary Durham.
ALEXANDER MCCROSTY . I am at clerk in the London and Westminster Bank—I am acquainted with the handwriting of the prisoner, Thomas Smethurst—I believe this is his handwriting to the entry of the marriage of Thomas Smethurst.
Cross-examined by MR. SLEIGH, (with MR. SALTER). Q. Were you examined before the Magistrate in reference to this matter? A. No—I have known the defendant, I should think, about twelve years. (Entry read:—"Marriage solemnized in the district parish of St. Mark's Kennington, in the year 1828, Thomas Smethurst of this district, and Mary Durham of this district, were married in this church by licence, 10th March, 1828, by Mr. William Otter: this marriage was solemnized between us, Thomas Smethurst and Mary Durham, in the presence of Thomas Boardman.")
COURT. Q. What do the words "by the consent of" mean it does it refer to where minors are married? A. I believe so; that book was in existence
before I was clerk, and is the old form of marriage before the registration act.
CHARLES LAPORTE . I am an artist—I am acquainted with Mary Durham, the person mentioned in the entry of the register—she is a relative of mine—this is her handwriting to the entry—I have seen her repeatedly since the year 1828, as Mrs. Smethurst—I do not think I have seen her within the last twelve months—the last time I saw her was between eighteen and nineteen months ago—I generally used to see her at my own residence—she called upon me—I have a son whose name is also Charles—when Mrs. Smethurst has called upon me at my house, my son has repeatedly seen her, in my presence.
Cross-examined. Q. I understand you to say when you are speaking of Mary Durham, you mean Mrs. Smethurst. A. Yes—I am a son of hers—I am fifty-two years old—the defendant is not my father—my father was living on 10th March, 1828.
MR. CLERK. Q. Your father's name I believe was Laporte? A. It was—Mary Durham passed by the name of Johnson when I first knew the prisoner, before he married her—I had also gone by the name of Johnson, until after the prisoner married my mother—Mr. Laporte, my father, also went by the name of Johnson to me—it was after the marriage of the prisoner that I discovered that my father's name was Laporte, and not Johnson—I did not discover that his name was Laporte until the prisoner married my mother—after that Mr. Laporte introduced me to his family—he had an elder son of the name of Laporte—he is here. (Upon MR. CLERK proceeding to ask whether Mr. Laporte's wife was living at the time; MR. SLEIGH objected, there was a proper legal mode of proving the fact of a marriage, and the form of the proposed question assumed a fact not properly proved.) There was a lady living with Mr. Laporte who was to all appearance his wife; she was treated and appeared in every respect as his wife—after the prisoner's marriage with my mother I passed by the name of Laporte, and dropped the name of Johnson at my father's request—I then for some time became a member of my father's family—I cannot say exactly how old my half-brother, Mr. Laporte, is—he is a good deal older than I—I do not know exactly how long I lived with Mr. and Mrs. Laporte; some two or three years; I went to Cambridge and that separated me from my father's family—in the year 1828, Mrs. Smethurst, who had been Mary Durham, shewed me the certificate of that marriage—I have seen her repeatedly from that time, down to within eighteen months as Mrs. Smethurst.
MR. SLEIGH. Q. Mary Durham your mother, as I understand you, was living with a person calling himself Mr. Johnson, she being called Mrs. Johnson? A. Exactly so—Mr. and Mrs. Johnson, my father and mother, appeared to me to live as man and wife, previous to 1828—they passed as Mr. and Mrs. Johnson, and had the reputation of being man and wife.
GEORGE HENRY LAPORTE . I am a son of Mr. Laporte, and, in some sense, the half-brother of the last witness—I did not know Mary Durham; she was a servant in our family when I was an infant; my sister knew her—I had never seen her at our house.
COURT. Q. You know nothing of her yourself, then, of your own knowledge? A. No; my sister does, I do not.
MR. CLERK. Q. When did you first see the last witness, Charles Laporte? A. In the summer of 1828, at Cambridge—my mother was living at that time—I was born in 1802, so I was twenty-six years old in 1828—my mother died in the year 1840—I had seen Mary Durham, under the name
of Johnson, at Johnson's or Laporte's house; I only saw the back of her, and a slight view of her face—I think that was in 1837 or 1838, I cannot say the date exactly—she would of course pass by the name of Smethurst then—I had never seen her before she married the prisoner.
COURT. Q. Did your father live in London? A. Yes, with My mother—relations of my father and our friends visited us, and also my mother's friends—she was introduced into society as Mrs. Laporte—my father regularly resided with the family—he was occasionally absent from home certain days of the week, which we could not account for—I can go into that, but I think it has no bearing on this case—he was an Englishman.
CHARLES LAPORTE, JUNIOR I am the son of the witness—I am an artist, residing with my father—I know Mrs. Mary Smethurst—I have seen her in company with my father several times—I last saw her about a fortnight after Mr. Smethurst was taken into custody, at Rifle-terrace, Bayswater, at Mr. Smith's house—it was about the spring of the year.
Cross-examined. Q. May I ask your age? A. 32, on 16th March.
JOSEPH SMITH . I keep a boarding-house at 4 Rifle-terrace, Bayswater—the prisoner resided at my house in November and December, 1858, and Mrs. Smethurst lived there with him—he left our house on 12th December, 1858—Mrs. Smethurst continued to live there afterwards up to June last—Miss Isabella Bankes was also living at my house in the autumn of last year—she came on the 20th September, 1851, and left on 29th November the same year.
Cross-examined. Q. When did Miss Bankes come to reside at your house? I A. 20th September—at that time Dr. Smethurst and Mrs. Smethurst were both living at my house—from that time, until the time when she left, Miss Bankes was in the habit of associating with Dr. and Mrs. Smethurst—the lady sat at the same table, and took the same meals, and was always recognised as Dr. Smethurst's wife—Miss Bankes was quite on intimate terms with Mrs. Smethurst—during the time they were living together I have seen Miss Bankes' sister call on her, on more than one occasion—I have seen Miss Bankes, her sister Miss Louisa Bankes, and Mrs. Smethurst, taking their meals or luncheon together—as long as I knew Dr. Smethurst his conduct was quite that of a gentleman; it was that of an amiable, well-behaved, kind person, during the time he was in our house—he was very attentive towards his wife.
MR. CLERK. Q. Did you say that Miss Bankes, the sister of the deceased lady, had dined at your house? A. No, I said she visited her sister—she has never dined there.
MR. SLEIGH. Q. I hope I have not misunderstood you with respect to Miss Bankes; I understand you she (the deceased,) and Mrs. Smethurst, were in the habit of meeting and associating together? A. Yes; when Miss Louisa Bankes called, Mrs. Smethurst was in the drawing-room, and Miss Bankes—I have seen Miss Louisa Bankes conversing with Dr. Smethurst, but not with his wife—I have not heard the deceased lady and her sister, in conversation with Mrs. Smethurst, address her as Mrs. Smethurst—I have heard the deceased lady, when she spoke to her, speak of her as Mrs. Smethurst.
MR. CLERK. Q. Everybody in your house I suppose called her Mrs. Smethurst? A. They did; they came into the house as Dr. and Mrs. Smethurst, and she left as Mrs. Smethurst.
COURT. Q. you say that the deceased lady called her Mrs. Smethurst?
A. She did, and so did every one else; everybody in the house—it was perfectly well known she was the wife of Dr. Smethurst.
JAMES SPICE . I am clerk at the parish church of Battersea—I produce the register book of marriages solemnised at that church in 1858—on 9th December I find an entry of a marriage between Thomas Smethurst and Miss Isabella Bankes—I am one of the attesting witnesses to the marriage—the prisoner is the Thomas Smethurst mentioned in the register; he was the person who was married (read).
Cross-examined. Q. You were in the habit of visiting at Rifle-terrace when your sister was living there? A. I was—I was introduced by her to Dr. Smethurst, not to Mrs. Smethurst—I was not introduced to Mrs. Smethurst—I never saw Mrs. Smethurst on any occasion—my sister has mentioned her to me.
COURT. to CHARLES LAPORTE. Q. You say that Mr. Johnson, your father, went by the name of Johnson, and lived with your mother; had they a house? A. Yes, and an establishment—he was there three or four times a week—none of his relations visited there at that time, and none of hers, except the prisoner Dr. Smethurst—Dr. Smethurst did—he was no relation whatever then—my father and mother went out occasionally into society; into parties of pleasure, but not with any relations—they used to go to Richmond or Greenwich, with strangers that they would pick up—not with relations.
MR. SALTER. Q. Did not Dr. Smethurst call her by the name of Johnson? A. He did.
CLERK. Q. Did you introduce Smethurst to your mother? A. I did, as a friend of mine—after that he visited at the house of my mother; that was while my father was still there.
MR. SLEIGH submitted that the case had failed: in order to sustain a charge of bigamy, proof must first be given of a valid marriage between persons capable of contracting, and he contended that the evidence went to establish the probability that the prisoners first wife passing as Mrs. Johnson, was the bond fide wife of the person living with her in that name. MR. SALTER was heard on the same side in support of the objection. MR. CLERK acknowledged that the prosecutors were bound to prove a valid marriage: that is, that the ceremony of marriage was gone into between the parties: but he submitted that they were not bound to prove that the parties were capable legally of contracting that marriage, that was no part of the duty of the prosecution, although he urged there was in the present case abundant evidence on that point; it was for the prisoner to rebut that fact, and in the absence of any sufficient evidence to that effect, the Jury would presume the marriage to be a valid one. MR. BARON BRAMWELL entertained no difficulty on the subject: and after consulting MR. JUSTICE BYLES, stated that he very much doubted whether there was any evidence to go to the Jury in support of the defence suggested: he would, however, leave it as a question for them.
GUILTY .— Confined One Year.
GUILTY .— Four Years Two Years for each offence ).
Before Robert Malcolm Kerr, Esq.
MR. GENT conducted the Prosecution.
MARTHA DUGGEN . I am the wife of Thomas Duggen, a boot and shoemaker—on new year's night of the present year I was in Blackman-street, with my husband, returning home—we went into a public-house, and had two glasses of ale—I saw the prisoner there—he followed me out across the street, and said, "I say, Missus, you will lose your shawl"—my husband was at my elbow—I turned round, and received a box on the side of my head, and was knocked down—he took my shawl away, and was running across the street with it—my husband followed him, calling, "Police, police, stop the robber," but did not overtake him—I have never seen my shawl since—it was a Paisley green shawl—I gave 3l. 10s. for it—I had had it nearly two years.
THOMAS DUGGEN . I am the husband of the last witness—we came through the Borough a little after 11 o'clock, and went into a public-house in Blackman-street to have a glass of porter—I saw the prisoner there—I knew him by sight before—we came out and went across the street, and just as we got to the other side I heard somebody running after us, and a voice said, "Young woman, you will lose your scarf if you don't mind"—I turned round, and saw my wife get a box on the side of her head and fall down—I was a few steps in front of her, but almost by her side—he dragged her scarf off, and ran back with it, the same road—I ran after him as quick as I could—the prisoner is the man—I pursued him as far as the corner of the Dover-road, and lost sight of him by the cab-stand, having kept him in sight about half a quarter of a mile—about five nights afterwards I saw him again in Blackman-street, with a returned convict whom I knew very well—he had his back against the public-house window—I passed them and went to see if I could find a policeman, but could not; and just as he saw me turn back again, the other man said something to him, and he ran away—I pursued him, but could not overtake him—I lost him about the Queen's Bench Prison—I afterwards described him to Scammell the policeman—we were both sober; we only had a pint of beer between both of us—I did not see the prisoner again till 1st November, in custody at Stone's End police-station.
Prisoner. Q. Was anybody else with me in the public house? A. There were one or two more fellows along with you—I never spoke to you—the description I gave of you was a fellow that went by the name of Butcher the thief, from the Mint, and the policeman knew you immediately I described you so—I had seen you many times before, and people told me that you were a well-known thief, and went by the name of Butcher—there was not a mob round my wife at the public-house door—I did not take a bottle of Irish whiskey home from the public-house and leave my wife there.
DENNIS SCAMMELL (Policeman, M 177). Soon after new years day last I received a description from Mrs. Duggen of a person, and have been looking out for him since then till 1st November—when I took the prisoner about 9 o'clock at night, he was in company with another man in Redcross-street.
Borough—I went across the road, and asked him what his name was?—he I said, "Anderson"—I asked him where he lived?—he said, "In Tottenham—I court-road"—I said, "You are a long way from home; I have got some knowledge of you, I believe; I want you for something or other, but I cannot call to mind now what it is"—he said, "I am sure you don't know me; you don't want me for anything"—I walked by his side about three quarters of a mile, till we got to Union-street, Borough, and then asked him if he would have the kindness to take off his cap?—he said, "You are taking too much liberty, policeman"—I then took his cap off, and said, "You are Butcher Bill"—I knew that, because he had no hair at the back of his head—I told him I should take him in custody, and whatever answer he made to the charge, I should tell the Magistrate—he said, "Thank you," and went quietly with me to the station—he said, going along, "I do not know anything about that robbery; the person who committed that robbery is still in the Mint"—I had told him that it was for highway robbery—I said, "It is very strange if the person who committed such a daring robbery was still in the Mint, and that you should disappear up to the present night"—he said, "Well, I was in the-public house"—I said, "I mentioned nothing about the public-house"—he said "The prosecutor and prosecutrix were drunk in the public-house, which the potboy can prove"—he went quietly to the station.
Prisoner.—I had only been home from Ireland for a week—I had been serving at Clonmel in the militia, which I joined on 5th November, 1857—I was ill with fever, and all my hair came off—I was left behind there in consequence.
Prisoner. Q. How came you to know me by my having no hair? A. By seeing you when you were previously convicted—you were tried at the police-court about November, 1858, for stealing a pair of boots; and you declined taking off your cap then—I took it off for you, and you then had no hair.
Prisoner's Defence. Is it reasonable that I should knock a woman down in the street in the presence of her husband? I was in the public-house at the time; a bottle of whiskey was going to be raffled for; they were talking Irish, and I, having been in Ireland, I spoke Irish also. The prosecutrix went outside; she was intoxicated; she had been turned out of one public-house before; she came back afterwards, and said, "Where is my shawl, where is my scarf?" and then she said to me, "Do you know where my scarf is?" I said, "I do not; you had it when you went out." The barman said, "There is nobody here who has got your shawl; "her husband came in and took her arm, as she was very tipsy, and he was not much better: two days afterwards, I went to her room in Mint-street, and asked what was the meaning of it; she said, "I will lock you up for my shawl;" she went out to get a policeman; and while she was gone, her husband said, "Now, you go away, or else she will lock you up;" I said, "Why should I be locked up, if I am innocent?" I left his place, and got some work in the West India Docks. The reason I went to her room was, that a man told me I was suspected of stealing it by a young woman who found the prosecutrix drunk. Her husband made me go out over the boards in the back yard, and out at the back door.
THOMAS DUGGEN (re-examined). I have heard the prisoner's statement—every word of it is false—I was perfectly sober—I perfectly remember the prisoner; he is the man—he was never in my house as he says.
GUILTY .—He was further charged with having been before convicted.
JOSEPH ALLEN (Policeman, 39 M). I produce a certificate (Read: "South-wark police-court, December, 1858. William Brown convicted on his own confession of stealing a purse and other articles from a man unknown. Confined Three Months")—I was present—the prisoner is the man—I have known him associating with thieves for about twelve months previous to last August—I believe he has been in Ireland.
GUILTY.**†— Six Years' Penal Servitude.
Before Mr. Common Serjeant.
89. HENRY DOBINSON (27), and WILLIAM WATSON (30) , Burglariously breaking and entering the dwelling-house of John Rippon, and stealing therein 1 pencil-case, 1 watch, 1 petticoat, and other articles, value 60l., his property.
MR. MCDONALD conducted the Prosecution.
ISABELLA RIPPON . I live at 3, Albert Villas, Bridge-road, Battersea. On 6th October, I left home and remained away until the 12th—I left my house empty, but locked it up securely—I locked the back garden gate, and left the key at Mrs. Simmon's, two doors off, because it was heavy—the front door was bolted and chained—I returned on the afternoon of the 12th and found the house in confusion, and broken open, the wardrobes and drawer were broken open in the front bedroom, the cupboard in the front bedroom was also broken open—I missed a pencil-case, three brooches, a watch, two rings, and a large quantity of wearing apparel, value 60l. or 70l., which was safe when I left—I afterwards saw the policeman, Levy, fit a screw-driver to the marks—I compared them also, and they corresponded with it—the lock of the back door had been picked—the garden gate was locked when I came home, but the policeman bad been in before I returned—I was before the Magistrate, and sat close to the prisoners, and when Mrs. Jennings was making her statement, I heard Watson say to Dobinson, "By God Harry, we are done."
Cross-examined by MR. RIPTON. Q. Had you given your evidence at that time. A. Yes; I do not know whether they saw me—Mrs. Jennings was repeating some words which she heard Dobinson say to Watson under the lamp.
MART ANN JENNINGS . I live at 5, Count Stock Place, Bridge-road, Battersea—on the evening of 11th October, about 7 o'clock, I was near Mrs. Rippon's house, and saw Watson come out at the gate with something in his right hand like a piece of iron or a screw-driver, but it was rather dark—he came a few steps towards me, and then turned to a man who was under a lamp-post, and said, "Harry, there stands that b—y cat; we are done"—they then went towards the Flamborough Arms—I am certain it was Watson, I knew him before—I cannot swear, but I believe it was Dobinson who was under the lamp—afterwards, about 8 or 9 o'clock, I saw Watson come from the public-house—he crossed the road, and went up the Boling-broke-road—I saw him again next evening as I came from my work—I was standing outside Mrs. Dixie's door, and he said to me, "If I catch you in a dark place or on a bridge, I will throw you over and break your neck"—he had previously lodged in my house—I then lived at 3, Mary's-place, and I once went into his room and saw what he told me was a life-preserver—that is fourteen months ago—I took it from his hand—I saw it again at the police-court; this is it (produced)—there is either an N or a K upon it, and here are dots at the end of it—I next saw it before the Magistrate at Wandsworth.
Cross-examined. Q. Did you examine it? A. I was looking at it when he came into the room—that was the only time I examined it—I did not
give any information to the police in this case, but next morning I found the door open, and knocked at Mrs. Staple's, next door—it was on the 17th October that I heard there had been a robbery—I think it was a fortnight ago yesterday that I went before the Magistrate—a policeman came to me; that was the first time I had given information to the police about it—the man had not a bundle when I saw him coming out at the gat—he had nothing but this in his hand—it did not look like this; it looked longer—I do not know whether it was a crowbar or a stick—he had no bundle—it appeared like a long piece of iron or a screw-driver—this was not in the dark—I thought it was a screw-driver, because he generally carries one, being a smith, and I thought he had gone in for the purposes of his trade, and not to break into the house—when he said, "Harry, there stands that b—cat," I did not think anything about a burglary, but I thought it was something that was not quite right—I thought something was wrong, and I should have told a policeman but I could not see one; this was about 7 in the evening—I could walk from there to my house in five minutes—I did not see a policeman as I walked home; I looked for one, and likewise coming back—I went into a person's house, opposite the Flam borough Arms to leave my things, as I had just come from work—I generally go into that person's house when I have done my work—she is a carpenter's wife—I saw no policeman on my way back to her place; it is only one street; there is a public-house there—the clock had just gone 10 when I got home—I looked for a policeman as I went home. A policeman came to me on 17th October, and asked me what I saw, and I told him—Jennings is my name, people have called me other names, but I never said my name was anything else—they have called me Marshall, and Pearce, and White—I did not live with a man named White—Longhurst was my maiden name—my husband died in 1851—it is since his death that I have been called Mrs. White—I cannot say where I was living at that time—I might be coming along the road this morning and be called Mrs. White—I was living in Chelsea and in Battersea—I was not living with a man named White—he lived in the house at each place with other lodgers—he was my lodger at first, and I became his lodger; we shifted our quarters—I have not lived with the prisoner Watson as his wife; he was my lodger at 3, Mary's-place—White was not in the house then, that was after I had been to Chelsea—I do not know what has become of White—I cannot tell when he left—I do not trouble my head about my lodgers leaving me—it was not after he left that Watson came to live with me—on my oath I was not living with Watson as his wife—I know Mrs. Bedford—I cannot say how many different houses I have been living in with Watson—I cannot recollect—it is more than one; it is two—I will not swear it is not three—I did not sleep with him—I was not seen in bed with him by Mrs. Bedford—I know his brother Henry Watson—I do not know what he is—I believe he lived with me when I was called Mrs. White—White was not then living with me as my husband—I cannot say whether he was in the house—White was not with me when Watson was there—Henry Watson did not see his brother in bed with me, after White had left, and if he says so he tells a great falsehood—no one can swear they saw me in bed with him—I swear that the prisoner Watson has never been in bed with me—he slept in the back room when he first lodged with me, and in China Cottage he had the front parlour—I have only once had a conversation with Henry Watson about William Watson, and that was through a letter from my son—I never told Henry Watson that as William had treated me so badly I would get him transported if I possibly
could—I saw Mrs. Bedford yesterday morning—I did not call on her last Wednesday week—I never asked her not to say that she had seen me in bed with Watson—I did not say to Mrs. Bedford, "Do you think I shall get more than three months if I do not appear against him;" not that I wished, that they had sent for me from Birmingham—I do not know any one at Birmingham—I have moved seven times, that was to get rid of the prisoner Watson.
MR. MC DONALD . Q. How far is the police station from where you live? A. About two miles or two miles and a quarter, and it is about the same distance from where I saw Watson—it is a little further down—there is not the slightest ground for saying that I have lived with Watson as his wife—I never have, nor with White, since my husband's death—when I have had a house, I have let a room in it—I have two sons, one is in the navy, and the other is in Lincoln's Inn Fields, and their names are Jennings—I never threatened to do for Watson, or to injure him in any way whatever—I never complained of him to any one, and have never threatened to injure him or to transport him.
RICHARD WHITE (Policeman 69 D). On 12th October my attention was called to Albert Villas; I entered by the back garden gate—there were no marks on it—I received the key from Mrs. Simmons, who lives next door but two—I found that somebody had got over—the back window was fast open, and the hasp off, but the shutter was closed—I found the back door open, went into the front drawing-room, then into the parlour, and found the place in confusion, and on the top of a chest of drawers in the back room I found this life-preserver—the entry had been made by forcing open the back-kitchen window.
Cross-examined. Q. If the gate was locked, could a person come out at it? A. No; there was no key in it—the back gate was locked.
ANNIE TEGNER . I am married, and live at 2 Elm Villas, West Battersea—Mrs. Rippon lives next door to me—ray attention was called to her residence on the 12th October, and I sent for policeman White—I saw him enter by the back door, it was unlocked—I had noticed the premises on the night of the 10th, and they appeared quite right.
Cross-examined. Q. When did you look at it on the 10th? A. Between eleven and twelve at night. I took the nurse into my garden with me to see that all was safe, and I glanced at Mrs. Rippon's house; there were no lights flitting about.
THOMAS LEVY (Police sergeant 8 V). On 12th October I received information, and went to Chelsea with another constable—we met Watson at the foot of the bridge—I told him we were police constables, and asked him if he recollected where he was last Tuesday four weeks—he said "No;" I said "Charge your memory;" he said "No;" I said, "Then if any one says they saw you in 3, Albert Villas, that is false?" he said, "Yes, it is; so help me God, I was not there." I told him the charge, and took him to Chelsea police station. I went to his shop with another plan, and found this screwdriver—he keeps a smith's shop in Battersea. I compared it with the impressions on the dining and drawing-room doors, and on the wardrobe and drawers in the bedroom and the linen chest, and the point corresponded exactly (Producing a drawer with marks on it)—I also received this piece of iron from Mrs. Rippon, which was left in the house—there is a mark on the back kitchen window, where it has been prized as if with this.
with the screw-driver, which has a round corner to it; here is the mark exactly, the round corner and all.
THE JURY having expressed their opinion that there was no peculiarity in the screw-driver, the COURT considered that there was no evidence against the prisoner.
NOT GUILTY .
MESSRS. SLEIGH and BROWN conducted the Prosecution.
WILLIAM CHARLES HADDON . I am manager of the business of John James Russell and others in Upper Ground-street, Blackfriars—they are iron-tube manufacturers—the prisoner called on me at their place of business at the latter end of July—he said "I want a list of prices; I shall require some tubing, and as the job will be a large one, I shall require a large quantity. I have the contract in a very low figure, and I want your prices"—I furnished him with a list of prices—next day he came again, and said that if the prices were our lowest they were not quite so cheap as he could get them, but as it was necessary to have a good article, he would give us the order—he gave me his card—this is it; it has on it, "July the 27th"—I wrote that on it—I then asked him for references, and he gave the names of his references on the back of the card—one of them I declined to receive, on account of its distance, and he gave another one, Mrs. Scott, near Bethlehem Hospital—I did not go there myself, not till afterwards; I sent a man—I went 2 or 3 days afterwards—I never saw the prisoner after he had the first lot of goods, which he had the next day or thereabouts—after I had the report from my man, I told my man it was not sufficient for him to have a large quantity of goods—I supplied the prisoner with goods before I saw Mrs. Scott—he told me he had a large square of houses erecting at Bow; that he had a number of men there, and they were waiting for the tubing to go on—I was not present at the delivery of any of these goods—the reason for my parting; with the goods were the references he gave me and his own statement that he was an extensive builder and a contractor, and that he had works at Bow, and that he had a number of men waiting to go on with their work and they were waiting for the tubing to go on—he said the work he was doing at Bow was building a square of houses—he did not mention the number, only it was a square of houses—he did not mention any particular part of Bow—he said he had got a wharf at Branch-place, Hoxton—Branch-place wharf, I think he called it—I went down to Branch-place after he had the goods—I did not find him there—I did not see any person representing him—there was no business whatever going on—there was no name—there was no wharf or any appearance of a builder or contractor; nothing whatever—there was no timber-yard—I made inquiries about houses being built at Bow; I did not find any, nor any building going on—I did not see any square of houses in course of being built—I inquired of residents there and sent my man there—I saw the district surveyor there.
Cross-examined by MR. SHARPE. Q. What number of houses are there in Bow? A. I don't know; it is rather a large place—I can swear there is no building going on at which this man might be engaged—I have been to the surveyor—I have been to a great many places in Bow—I could not find that they are erecting new buildings—I can say of my own knowledge that the prisoner was not engaged in erecting any new buildings—I have gone to every place in Bow where I have seen buildings—I will not swear that I have seen all the new buildings in Bow, but from the information of the surveyor
and other persons there are none—it was about 27th July that the prisoner first called on me—I was not. present when he was indicted for stealing these tubes here—the case has not been tried here, only before the Magistrate—I can't repeat the words that I said, exactly—he was not charged with stealing these very tubes; it was simply an error in the indictment he was not tried for stealing them; it was Withdrawn—I was here in court—I did not hear a verdict of Not Guilty I went before the Grand Jury, but he was not charged with stealing—I don't think the work was used—it was before last Sessions that I went before, the Grand Jury—I heard Mr. Sleigh say that he was charged with obtaining these goods by a trick—it was merely the correction of an error made by the Magistrate's clerk putting down "stealing" instead of "obtaining by false, pretences"—it was on 27th July that be first came—I wrote, the date, on the card my self at the time he gave me his card—gave me the, name of Williams as a reference—he said this on the card was his own, name—he gave me his card, and said that he was a builder and contractor, and that was his name—in reply to my inquiry, "What is, your name?" he gave me his name—in reply we gave prices we required to know the name of the person and he presented me his card and said, "If you have any order from me they will be printed orders in the name of John Maher"—I never heard of persons carrying on business in another name than their own—I never heard of persons buying a business, and letting the old name remain—I never heard of Mr. Smith buying a business of Mr. Brown, and Jetting Mr. Brown's name remain—I don't remember an instance of it—the prisoner gave me a reference to Mr. Williams, which was a long way off—I did not go to, inquire if there was such a person; I sent to inquire—it was partly in consequence of that reference that he gave me that I supplied him with these goods.
Q. If that reference had been given, would you not, have supplied the goods, even if you had not know anything of other parties? A. No; if I had had a reference given, and I found that reference was satisfactory, I Would not have supplied the goods on that reference alone, but combined with the other statements—reference, was made to Mrs. Scott—I sent to Mrs. Scott to inquire, and the reply was very flattering to Mr. Maher—I am not certain whether the goods were supplied before I made inquiries of Mrs. Scott, or after—I am rather inclined to believe that I got the reference first—it was partly in consequence of the reference that I supplied the goods, and partly on his own representation—the first lot of goods was supplied about the day after his first application—I did not supply the first lot myself—I did not give him any of these goods myself—I told my men not to supply the prisoner with any goods—that was, after he had had the first lot—the first lot was about 13l. or 14l.—I did not direct my men not to give him more than 3l. worth—it was not decidedly 3l. but a, few pounds' worth—I did not to the best of my recollection say 3l.—I never mentioned a definite sum, but a few pounds' worth—I never told Jackson, but my own men, ward and Evance, who are here in court—I told them not to allow him to have any more but a few pounds' worth—I told them about the time that he. had the goods—it was on 27th July that he called on, me, and the goods were had within a day or two afterward—I won't be sure that it was before 1st August that I told Ward and Evance not to supply him—I never saw him after he had any goods, though I wrote for him—I went to Branch-place, myself when he had had the first lot of goods—I am not quite certain that it was before 4th August—there is a No. 10, Branch-place—I went there, and was shown into the back room—I saw the house at the. back—that room looked
into a little yard—I did not go in the yard—I know from what the landlady said that there was not timber there.
COURT. Q. Did you look about? A. I did; I looked out in the yard from the back-yard; I did not find any signs of a timber-yard or a builder's place—none whatever.
MR. SHARP. Q. Could you see the whole of that yard? A. I think I could; I would not swear it—I saw enough to convince me whether it was a builder's-yard or not—I could see within a few feet—it is a small house, and the yard is only a few feet square—I could see the whole of the yard within a very few inches—there might be a closet in the yard—there were no out-houses to my knowledge—I would not swear there was not a small wash-house—there might be a dust-hole—with these exceptions there were no buildings—I would not swear whether there was any outlet at the back of the yard—there were no premises behind belonging to that house—I made inquiries—I won't swear there was not—I never heard of the prisoner's having a contract from Mr. Joseph Mills of Westminster-road for buildings in Chatworth-road, Forest-lane, Stratford—I know that Stratford is the adjoining parish to Bow.
MR. SLEIGH. Q. You had some names given to you as referees? A. Yes—unless the prisoner had represented to me that he was actually building at Bow, and that he was a builder and contractor, carrying on business at this Branch-road, I would not have parted with a shilling's worth of my property—I went to Bow and put myself in communication with the district surveyor—I went to ascertain whether there were such buildings as the prisoner had described—I made diligent search over the whole parish—I could no find anything answering the description given by the prisoner—I found at the Branch-road a 4 or 6 roomed-house—I went in the back-yard; it is a house occupied by workpeople—I made inquiries of the landlady—I subsequently saw some iron-tubing at Mr. Bliss's place—I recognised it as the property the prisoner obtained from me.
JOHN EVANCE . I am clerk to the prosecutor—it was my duty to obey the instruction of the prosecutor and Mr. Haddon—on 4th August the prisoner came to the counting-house and I gave him some iron-tubing—he said it was to be applied to some buildings at Bow that he was erecting, and he wanted this tubing to finish the job—he said, "the job that I am doing at Bow"—I let him have some to the amount of 3l. 17s. 3d.—I did not deliver any goods to him afterwards—I had on 28th July delivered him 13l. or 14l. worth—I don't remember his saying anything then about the buildings at Bow—he brought a van for them—on the 4th August he came about 3 o'clock in the afternoon; and on the 28th of July, I think he came in the morning.
Cross-examined. Q. Did you hear anything of the prisoner having a contract with a person of the name of Mills? A. No; I did not hear anything of his having a contract for some buildings going on in Forest-lane, Stratford.
JAMES WARD . I am in the employ of the prosecutor—it is my duty to deliver goods—I remember the prisoner coming there—I assisted in putting the goods in the van on 28th July—I remember his coming again on the 1st August—I did not deliver any more goods—I invoiced them.
Cross-examined. Q. What was the amount of goods on 28th July? A. 13l. or 14l.—on 1st August what I invoiced was 47l. grogs—on 4th August there was a small quantity.
on 28th July he drove to our place with a van containing a quantity of gas-tubing—he came first without the van and said he had got a quantity of iron-tubing to sell—I am in the habit of buying tubing—I told him I would buy it—he then came with the van and I bought it of him—Mr. Haddon afterwards came and looked at it—I don't recollect how much I paid the prisoner for it—I bought several lots of him—I have no memorandum to guide me—he signed a receipt for the money, but that has been taken out of my hands—he came on a subsequent occasion and sold some more tubing of the same kind—he made three or four sales, he or another person who came with him—I asked the prisoner his name, and he gave the name of Williams—this receipt is one amount I paid him, 7l. 9s. 1d.—this is what I bought on 28th July—this other is what I bought on 1st August, the amount is 47l. 9s. 2d.—this other is 11l. and here is another for 2l.—on his receiving these monies I saw him sign the receipts.
Cross-examined. Q. Another person was present? A. Yes; I am sure it was not the other person who gave the name of Williams—I saw him three or four times after 28th July—I saw him four or five times altogether—Russell's is a large firm, and make a good deal of this kind of tubing—7l. 9s. was a fair price for what I bought—I bought the other quantities at the same rate—I have not heard that Mr. Haddon has been charging other parties with selling this tubing.
JOSEPH WOOD . I am the district surveyor of Bow—I don't know the prisoner—there is no square of houses erecting at Bow—I don't know of any houses in any considerable quantity being erected—I don't know No. 10, Branch-place—I don't know any person of the name of Maher or Williams who has an extensive timber-yard in that neighbourhood.
Cross-examined. Q. The parish of Bow is large? A. Not very large—there are 200 or 300 inhabitants—there are upwards of 1,000 houses certainly—if four or five houses are building, we call it a lot of houses—I should not call that a square—if a square were mentioned I should conclude that it was a great many houses—I never heard that word square was used to mean a block of houses—I should call a block of number of houses built together—if houses are at a distance I go to see them—when a house is begun it is the duty of the builder to give notice to the surveyor, and on that notice I should go to see that it was properly begun—I know little of Stratford—it is the adjoining parish—I don't know Chatworth-road, Forest lane.
GUILTY .*— Confined Eighteen Months.
PLEADED GUILTY .— Three Years' Penal Servitude.
MESSRS. BEST and ORRIDGE conducted the Prosecution.
JOHN COLE . I am a tobacconist, and live in Waltham-place, Westminster-road—on Wednesday evening, 26th October, the prisoner came between 9 and 10 o'clock—he asked for a quarter of an ounce of tobacco—I served him—he put a shilling on the counter, and then he walked to the other end of the counter and said, "What are these pipes?"—I said 1d. each—he took one—I took up the shilling and put it in a part by itself; gave him change, and he left the shop—I gave that shilling to Lyd✗ Campbell, and sent her for something—the shilling was brought back—
nobody had been in the shop but us two, and no one put anything in the till till I took the shilling out again, which was about an hour after the prisoner was gone—on the next day, the Thursday, the prisoner came again about the same time for a quarter of an ounce of tobacco, and then be asked for a pipe—he put down a shilling, and he then said, "What are these pipes?"—I looked at the shilling and found it was bad, and I knew the prisoner again—I said it was bad—he said, "I did not know it"—I then accused him of having been there the night before—I said, "You came in last night and brought a bad shilling"—he said he had not been in the shop before—I sent for a constable and gave him in charge with the two bad shillings.
Prisoner. Q. Did I bring anybody in the shop with me? A. Yes; the first night some other boy, and he was outside the next night—the giri saw him.
LYDIA CAMPBELL . I am in the service of Mr. Cole—on 26th October I saw the prisoner come into the shop—I saw him served, and be laid down a shilling—about an hour afterwards Mr. Cole gave me a shilling to take to the coffee-shop—they said it was bad, and I took it back to Mr. Cole my master—on the following evening the prisoner came about the name time—I was in the shop by myself—he asked for a quarter of an ounce of tobacco—I knew him as being the person who had been in the night before—I did not serve him; I called Mr. Cole—the first time the prisoner came there was a boy with him, and the same boy came the second time, but he stopped outside—the shilling I took to the coffee-shop did not pass out of my sight—I am sure it was the same.
ROBERT FORDER ,(Police-sergeant) 427). I was called to Mr. Cole's on the night of 27th October—the prisoner was given into my custody—Mr. Cole gave me these two shillings—I asked the prisoner where he got them; he said he got them in change in the New-cut—I asked him where he got the one the night before; he said he was net in the shop—he refused to give his address at the time, but before the Magistrate he said he lived at Mr. Higgins' lodging-house—I have been there, and they don't know anything of him—he had one good shilling on him.
Prisoner. I told you I had no settled place, but I slept at Mr. Higgins, in the Mint, the night before. Witness. You refused your address at first; you gave it afterwards, before the Magistrate.
GUILTY — Confined Six Months.
Before Mr. Justice Byles.
NOT GUILTY .
Before Mr. Recorder.
NOT GUILTY .
MESSRS. CLERK and BEASLEY conducted the Prosecution.
JOHN FREDERICK HUGHES (Policeman, M 240). On Sunday, 6th November, between 11 and 12 o'clock, I was in Millpond-row, Rotherhithe—that is a public street—I saw the defendant there, standing in the carriageway
about two yards from the kerb, on a chair without a back, and speaking in a loud voice—he commenced about 11 o'clock; at that time, I think there were nearly one hundred persona round him, but the numbers kept increasing till he was removed—at last there were about 250—he continued to speak till he was taken in custody, about a quarter before 12—the passage of the highway was impeded—the carriage-way was completely closed—persons could pass along the footpath by edging themselves through, but the carriage-way was completely blocked up—some persons belonging to tike teetotalers were endeavouring to make a passage, and they called on me to help them—I said the only thing I could do was to request the gentleman to leave off;—he had then been speaking about twenty minutes—I desired him to leave off; he did not, but desired the people to make the foot-way clear—at length, there was such a crowd that I said, "Sir, I must really; take you in custody"—he said, "That is what I want; I will go with you."
Cross-examined by MR. POLAND. Q. How wide is the road in that place? A. The carriage-way is about nine yards and a half—I have not measured it—the foot-way where the houses are is about three yards wide—on the side where the houses are, there is a paved footpath—he was addressing the meeting from the other side of the carriage-road—he was about two yards from the side of the carriage-road—on the other side there is an embankment—it is a foot-way—I don't know that it is common; I only know it is a public footway—that is the way that persons would walk on that side—it is not paved—it is kept in repair by the pariah, I suppose—I don't know that it is the private property of Sir William Bond—I know it it in good repair—I was there from 11 o'clock till the defendant was taken, about a quarter before 12—there was not a single carriage passed—there was an attendance of persons connected with the Teetotallers to keep order—I found that the people readily followed the directions of the attendants, as far as they could, but at last they could not—the carriage-way was greatly obstructed—the people were some on one side, and some on the other—they were not so thick on the foot-way, but that persons could get through by edging them-selves on—I know the Queen Charlotte public-house; it is at the corner of Millpond-street—before Church is over, I have seen persons waiting about the public-house for it to be opened—I have never taken them in custody—I have seen persons loitering on the bridge over the mill-stream—I have not taken any of them in custody—the Rev. Mr. Parry is the incumbent of that parish—I have never seen him preach out of doors—I don't know who made this complaint—I have heard that Mr. Hill sent a petition against it; I have seen it—I do not know how many names were to it—these meetings had been going on for some weeks—that was the second Sunday that I was there—the high road to Deptford is altered, hot this is the high road to Rotherhithe—there was not room, if a carriage bad been passing, for the persons to have gone on to the embankment—there were persons on the embankment.
MR. CLERK. Q. Where was the chair placed? A. About two yards from the embankment side—the speaker was facing towards the end of the street—there is water behind the embankment—the embankment was not so crowded but that persons could pass behind the speaker—I hare not taken any persons loitering at the public-house—there had been no complaint about them—there had been complaints about the crowd caused by the defendant, and I had received instructions in consequence.
WILLIAM TATHAM (Police-sergeant, M 40.) On 6th November I was with the last witness in Millpond-row—I saw the defendant on a chair addressing a meeting—I was there rather before 11 o'clock—he commenced the lecture
about 11—I should imagine at first there were about 100 persons—they went on increasing till there were upwards of 200—the carnage way was completely blocked up—the foot-path was very full, but persons could go through in a zig-zag way—the defendant was called on to desist, and he said to the people, "If you are friends of ours, come off the pavement;" and with that two or three persons came off, but there was no room for them in the carriage way—the defendant went on, and we were told to take him—he said, "l will not break up the meeting, but will go with you before a Magistrate and have this question settled."
Cross-examined by MR. SLEIGH. Q. Did you see any carriage attempt to pass down the road? A. Not while I was there—I know Mr. Travers the surgeon—his carriage did not pass along the road while the police were there—Mr. Travers and I were joking about it—I said, "You did not come out that Sunday"—he said, "You have not got me in the black book"—he did not say he drove out while we were there—when I went there in the morning I stood about twenty minutes listening to the discourse of Mr. West, and a very proper discourse it was, trying to persuade people to abstain from taking liquor—I am not a teetotaller—I had never seen the Rev. Mr. Parry coming to the Jamaica level and discoursing to the people—I have heard of it—I have not had any instructions to interfere with him.
JAMES CHIPPERFIELD . I am a carpenter, and live at No. 7, Millpond-row—I have lived there 30 years—On Sunday, 6th November, I saw a crowd from 11 o'clock till about 12—they accumulated to 10 and to 20, and from that to 250 and 300—I saw a man on a chair—one part of the pathway is by the side of the pond, and it is repaired by the commissioners; and that part was completely blocked up, and has been so every Sunday since they have commenced preaching—the carriage way was completely blocked, and the foot way by the side of the houses was partly blocked, but a person might pass; but not as a person would wish—if a gentleman and lady were walking they could not get along without separating.
Cross-examined by MR. SLEIGH. Q. Did you hear any persons complain that they could not get along? A. Yes; ten, twenty, or thirty—I don't mean that the people could not get along, and were obliged to go some other way; but persons going to Church were obliged to go in the coach way—and the defendant commences his address when the people are going to Church—I am not in the habit of going to listen to him, I hear enough at my own door—my door is not near to the Queen Charlotte; it is nearer to where Mr. West preaches—I do not pass more time at the Queen Charlotte than I do at church—Mr. Hill of the Queen Charlotte and I are not particularly intimate—I know there was a petition—I and Mr. Hill signed it, and six or seven more—I heard of another petition being sent to the police.
MR. CLERK. Q. Was there a difficulty in getting to church? A. Certainly; persons came along Union-road and into Millpond-row, and they were obliged to go into the middle of the main road before they could pass, that is, between where Mr. West stood and the Queen Charlotte.
NATHAN CARTER . I live at No. 7, West-lane, Bermondsey—I know Millpond-row—I have to pass that row every Sunday in going to church-on Sunday, 6th November, I passed it about 11 o'clock—the defendant had not arrived.
Cross-examined. Q. I believe you signed a petition about this preaching? A. Yes; about 9th November—that was in favour of their meeting—but that petition was not read to me, neither did I read it—I did not know there was a meeting at that particular place.
Mr. West was taken—the street was then crowded, both the footpaths and the road—there was a difficulty in getting through.
EDWARD WILLIAM REDDING (Police-inspector, M). Complaints were made to me, and I gave instructions to the police—I told the defendant that if he wished to continue his lecture I would get him a piece of vacant ground and send some policemen to protect him, but he preferred the street.
Cross-examined. Q. It is not a marshy ground that you wanted him to go to? A. No; you have been wrongly informed—the ground is about half a mile away down the Deptford-road—Millpond-row is the old Deptford-road—but it is the main thoroughfare to the station—it is one of the high roads of the parish—I have never heard the Rev. Mr. Parry preach—Mr. Hill is the person who first applied to the Superintendent, not to me—I don't know that Mr. West communicated with Sir Richard Mayne, and begged that officers might be sent there.
Witnesses for the Defence.
DAVID STRATFORD . I live in Cherry Garden-street, and am a baker, a vestryman, and one of the governors of the poor of the parish of Bermondsey—I am not a teetotaller—I know Millpond-row where these temperance meetings are held—on Sunday, 6th November, I went about half-past 11, and left about twenty minutes before 12—I was there while the speaking was going on—there were not exceeding 200 persons there—I saw the foot path—there was not any obstruction—I spoke to two policemen—persons could pass easily along the foot path—I know there are attendants belonging to the teetotallers to prevent persons from making obstructions—the police went to Mr. West and spoke to him, and Mr. West turned and spoke to some persons on the bank and they came-down—I did not see any carriage pass—a carriage could have passed—the people must have moved a little—it is a bye road leading to some houses and mills—it is very little used on Sundays.
GEORGE WILLIAM TRAVERS . I am a surgeon and live at 22, Millpond-street, my stables are in Millpond-row where this meeting took place—on Sunday, 6th November, I had occasion to go to my stable to get my chaise—the chaise was brought out and I drove it myself—this gentleman was speaking—he was nearly opposite my gateway—I had not any difficulty in driving—I drove through the meeting—I was not in any way obstructed nor detained a second—this was before 12 o'clock.
Cross-examined by MR. CLERK. Q. How many persons do you say were there? A. From 100 to 200—I had not seen any obstruction—I don't know whether it was Mr. West who was lecturing—there was a person—I can't say that he had not been taken before I came out—I came out about a quarter before 12.
FREDERICK MORGAN . I am a stock broker and live near Millpond-bridge—from my house I can see perfectly well where this meeting took place—I have noticed the meetings from time to time—I remember the meeting on 6th November—I was not at the meeting; I saw it—there was room for passengers to go along the carriage road or the foot path—there was no difficulty whatever—these meetings were always well conducted—I have lived in the same house 38 years.
Cross-examined by MR. CLERK. Q. How far is your house from where Mr. West lectured? A. About fifty yards—I could hear a sentence of his occasionally—I think there were not far short of 200 persons there—I am not a teetotaller.
in Millpond-row—on 6th November, I was standing with my husband at the shop window—I was there when Mr. West was speaking from the beginning to the end—the foot path was not obstructed in the least—persons were not obstructed, they might have gone three or four arm in arm—there were about a dozen persons standing on the edge of the kerb, and behind them it was quite clear—I was there till Mr. West went away with the policeman—neither I nor my husband are connected with the temperance body.
JOHN TAYLOR . I know Millpond-row—I have known the neighbourhood 35 years—I was attending this meeting—the footway was not obstructed—any one could get by without the least difficulty—there would have been no difficulty in a carriage driving by—it is a road very little frequented on Sunday morning—I have nothing at all to do with the Temperance Society.
Cross-examined by MR. CLERK. Q. What is the width of the pavement? A. I should say about eight or ten feet, I am not certain.
ANN GODDARD I am a widow, and live at 13, Millpond-street—from the door of my house I could see where this meeting took place—I remember the meeting on 6th November, I noticed them for about an hour and a quarter, I was in my shop—there was plenty of room on the pavement for persons to pass I should think—there was nothing to hinder the carriages passing in the road—I am not connected with the temperance movement.
THOMAS WEST . I am a cowkeeper, and live in Paradise-street, Rotherhithe—I was at the meeting when Mr. West was taken into custody—there was room for persons to pass on the foot path, and there was more room in the road than on the foot path—there were I suppose 150 or 200 persons—if any one passed, the people would have to move—I am not a teetotaller, and I do not wish to be.
THOMAS WHITFIELD . I am a draper and live in Millpond-row—I am connected with these meetings—I am a member of the teetotal society—I was at the meeting on 6th November—I saw them from the window—there was plenty of room on the pavement for persons to pass—there were a few persons on the kerb—there was plenty of room in the carriage way—that road is not much frequented—on a "Sunday sometimes not a cab or a vehicle passes—if two carriages were to come together there would be room—at these meetings we have persons attending to keep stragglers out of the way—if a person were to come and stand in the clear way he would be advised to go a little nearer.
Cross-examined. Q. Were you at your drawing-room window? A. At the front window—we have had attendants there ever since the police first interfered, about five weeks ago—Mr. West is a speaker—he is a fellmonger, and works at his trade during the week.
HENRY CALLAGHER . I live at 12, Millpond-street, and am a hatter—I was standing at my door, which is about fourteen yards from the meeting—while it was going on there was plenty of room for persons to pass on the foot path, and plenty of room in the carriage-way—the congregation standing round the speaker did not take up quite half the road—there was plenty of room.
Cross-examined. Q. Where did you take it? A. Just round the crowd—it was close upon 12 o'clock.
JOHN KELSEY . I am surveyor of pavements in the parish of Rotherhithe—I know Millpond-row, and all the parts about there—I know the embankment on the side of Millpond-row—I was instructed in January, 1857, to repair it, and then I received a letter from Mr. Banks, the solicitor, and did not—I believe it to be private property—it is about eight feet wide at the top, and we have dropping blocks put along, that persons may step on the embankment—the width of the foot-path on the other side is about eight feet—I have not measured it.
THOMAS WALTER MOOR . I live in Henrietta-terrace, and am secretary to the Temperance Society—I was present at the meeting on 6th November, when the proceedings were interrupted, and Mr. West was taken in custody—during the whole time the highway was not obstructed so that people could not pass—it would have required double the number of persons to have done that—any person driving could have done it without difficulty—there would have been no inconvenience in passing on the pavement.
GUILTY .— To enter into his own recognisance to appear and receive judgment when called upon
ADJOURNED TO MONDAY, DECEMBER 12TH, 1859.