CENTRAL CRIMINAL COURT.
CARTER, MAYOR. SECOND 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, December 12th, 1859.
PRESENT.—The Right Hon. the LORD MAYOR; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. RECORDER; and Mr. Ald. HALE.
Before Mr. Recorder and the First Jury.
96. JULIA SMITH (29) and JOHN EDWARDS (30), were indicted for stealing 1 purse value 5s. and 7s. in money, the property of Walter Benham, from his person. Second Count charging Edwards with feloniously receiving the same.
MR. COPER conducted the Prosecution.
WALTER BENHAM . I am a plumber, of 17, Carthusian-street, Aldersgate-street—on 31st October, about 10 o'clock, I was passing through Newgate-street, and, as it was raining, I turned into Queen's Head-passage for shelter—I had a purse containing two half-crowns and 2s.—I went just into the passage and the female prisoner came up and requested me to stand treat to her, which I declined—I then went to the further end of the passage to get out of the way, and she came up again, and requested me to stand refreshment—I declined, and she stood talking two or three minutes and then ran away—she had been very close to me—I directly felt in my left-hand pocket, missed my purse, and went over to a constable who was standing opposite—I went with him to Angel-street and saw the two prisoners together—I saw Edwards fling the purse into the road—a little boy picked it up—I took it from him and gave it to the policeman who took the prisoners into custody.
Cross-examined by MR. RIBTON. Q. I observed that you rather hesitated when you said it was thrown by the male prisoner? A. I am quite certain—I was not further from him than I am from that desk—the policeman was nearer to them than I was—they were standing in the street talking, apparently—Edwards was nearest to me—his back was to me—Smith was standing directly in front of him, with her face towards his—the purse was thrown with his left hand—his left side was more towards Smith, and his right side was to the houses—the impulse was like this (sideways)—this is the purse (produced)—I had it three minutes before I went into the passage, and was taking some money out of it about five minutes before in a public-house
and after that I felt it in my pocket, about three minutes before I saw Smith—I had my hands in my pockets, it being a cold night and very wet.
JAMES THORNDIKE , (City-policeman, 286). On 31st October, a little before 10 o'clock, I was on duty in Newgate-street, on the opposite side to Queen's Head-passage, and saw Edwards walking backwards and forwards—while he was doing that Smith left Queen's Head-passage, Edwards joined her, and they crossed the road in a hurried manner close by me—I looked to see which way they went, and soon afterwards Mr. Benham came up and made a statement to me—I went with him down King Edward-street, and saw the prisoners at the corner of Angel-street—I got close to them and heard the jinking of money—they were both close together—I ran and secured them both, and Edwards immediately threw this purse into the road—it was afterwards given to me—I had to get assistance to secure them—Smith was searched by a female searcher, and only a latch-key found on her—I searched Edwards and found two half-crowns, two shillings, and a sixpence, in his right-hand trousers pocket, and in his coat pocket two half-pence, a small memorandum book, and these keys—this pair of woollen cuffs dropped from him at the station house.
Cross-examined. Q. Do you know with which hand he threw the purse? A. With his left—I have not heard what Mr. Benham has said—Edwards's right side was towards the kerb-stone, and his left towards the houses—he threw it in this way, from under a big cape which he wore—I had hold of him and of Smith also—Mr. Benham was asked by the Inspector what money the purse contained, and he said "two half-crowns, and two shillings"—I—had not told him what was found on Edwards.
SMITH— GUILTY .
EDWARDS— GUILTY on the Second Count.— Confined Twelve Months. Smith was further charged with having been before convicted
RICHARD HAUGHTON (Policeman A 411), I produce a certificate (Read: "Worship-street Police Court, October 1858; Jane Jones, convicted on her own confession of stealing a watch from the person. Confined Six Months.") Smith is the person—it was a summary conviction.
SMITH—GUILTY.**— Confined Eighteen Months.
97. JOHN HERBERT (21), and JOHN BROWN (27) , Burglariously breaking and entering the dwelling-house of Samuel Bennet, and stealing therein the top of a counter, 1 pewter sink, 1 bottle of gin, 3 lbs. of cheese, and other articles, value 5l. 2s. 2d. his property; to which
HERBERT PLEADED GUILTY .— Confined Eighteen Months.
BROWN PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
Cheapside, when a man fell down apparently in a fit—I began to assist him—while doing that I felt something at my pocket—I immediately let go of the man and put my hand to my pocket, and caught the prisoner's hand just leaving it—I found that something had gone out of my pocket, and the chain of my watch was dangling down—I said to the prisoner, "You have got my watch"—he ran away—I went after him and seized him—two or three persons got round us, and I saw the prisoner pass something with his left hand to some one near—I collared them both, but they wrestled and got away from me—I followed them, and just about Old-Change, I collared the prisoner and took him back, and gave him in charge—I have not recovered my watch—I did not lose sight of the prisoner—when I crossed the road the first time Cheapside was very clear—I saw the man that had the watch run away—I could have followed him, but I knew the prisoner better—another gentleman ran after the other man but did not catch him.
Prisoner. Q. Can you swear that when you first apprehended me you saw a gold watch in my hand? A. No—I said at the Mansion-house that I saw something glitter between your fingers.
ELIZABETH NEWTON . I am the wife of Robert Isaac Newton, of 11, Evangelist-court, Ludgate-hill—I was in Cheapside on 29th October—I saw the prosecutor running after the prisoner; he caught hold of him just by my feet—he said "You have got my watch"—the prisoner said "I have not; let me go"—he then sung out "Father, father;" a young man came up to him, and the prisoner passed something to him with his left hand—I could not see what it was, but it was something that glittered—I said to a gentlemen close by, "Hold that man, for he has got the watch," but he would not hold him—they took the prisoner back to Sweeting's, the oyster shop, and searched him, but found nothing on him.
Prisoner. Q. When I asked you what I passed, what did you say? A. I said I could not swear that it was a watch—as you passed it, it glittered.
GUILTY .— Confined Twelve Months.
101. WILLIAM WICKS (34) , Stealing an order for 7l. 16s. 4d., a warrant for 1l. 15s. 6d., and money to the amount of 17l., the property of William Forster, his master. MR. PLATT conducted the Prosecution.
WILLIAM FORSTER . I am a tea dealer at Philpot-lane—the prisoner was a carman and porter in my employ up to the 28th November last, and had been so for several years—on 28th November, I gave him twelve sovereigns, a 5i. note, this cheque for 7l. 16s. 4d., and a Post-office order for 1l. 15s. 6d.—the last two were, crossed—they amounted altogether to Upwards of 26-l.—I said, "Wicks, take these to Hankey's—he was to pay them in and bring me the book back—he had been in the habit of taking money there—he took a pass book with him for that purpose—the money was in the pocket of the book—I gave it to him and he went away for that purpose—that was about 20 minutes before 4 in the afternoon—he did not return at all—in consequence of that I went in search of the police—I have the cheque and Post office order here—they are the same which I gave to him.
Cross-examined by MR. LILLEY. Q. The prisoner had been in your employ five years this last occasion? A. Yes—I had had him previously as an errand-boy—I had known him from his boyhood, and have had confidence in him—I have sent treble the amount of money by him to my bankers frequently, and he has been in the habit of collecting money when out with the cart, and keeping it all night, and accounting for it in the morning—I
had had no reason to be dissatisfied with his previous conduct up to this period.
GEORGE MULLINEUX (City policeman, 293). From some information, I went in search of the prisoner on 2d December—I found him at 7 o'clock in the evening in Orange-street—I told him I was a detective officer and that he must come with me to Mr. Forster's—I told him that he knew very well what it was for, and he said, "For robbing of him"—he used the word "Mr. Forster"—he said, "I have robbed Mr. Forster, and the reason why I did it, was, I was mad drunk; I did not know what I was about;" I had the cheque and Post-office order—I asked him whether he sent them to his wife, and he said "Yes"—he said that if Mr. Forster would take him into his employ again, he would pay him so much a week back—I asked him what he had done with the 5l. note and the gold in the parcel—he said that he got drunk on the Monday evening, and was robbed of them; that they must have drugged him, and that the pass book and all were stolen from him—I took him to the station—I searched him and found 2s. 6 1/2 d. in money, a tobacco box, three receipt stamps, and two knives—I got the cheque and Post-office order from the prisoner's wife—that was not in consequence of anything he said—I had them previous to taking him into custody—I had been watching the house.
Cross-examined. Q. Had you not received a communication from his wife before you took him into custody? A. I had—when I first saw him, I told him that I was a detective officer, and that he must come with me to Mr. Forster's—I said "You know what for," and he said, "Yes; for robbing him"—I had not said anything to him before he used that expression—I think I have said that before to-day—his wife had given me the cheque and order beforehand—I received them on Wednesday, the last day in November—the prisoner did not say anything about meeting two friends who had invited him into a public-house—he stated that he was in a public-house and had a pint of ale, and directly he drank it, he was stupified, and did not know what he was about; and that then the pass book, the 5l. note and the gold were taken, and the cheque and Post-office order left in his pocket.
The prisoner's statement before the Magistrate was here read as follows:—("Not one farthing of the money I made use of: I was robbed of the money—I wrote to my wife the night before last stating that she was to see the officer, and I was willing to give myself up.")
JURY to WILLIAM FOSTER. Q. What time was this money given? A. 20 minutes before 4 o'clock—a day or two had elapsed from that time to the time when he was taken—Hankey's close at 4—it is only about a dozen doors from us—the prisoner did not appear drank when he left the ware-house—we discovered afterwards the cause of his excitement—I saw nothing in his appearance different from ordinary.
GUILTY .—Recommended to mercy by the Jury.— Confined Eighteen Months.
PLEADED GUILTY .— Confined Eighteen Months.
MR. METCALE conducted the Prosecution.
JOSEPH WILLIAM FAWKE (City-policeman, 112). On 5th December, about 4 o'clock. I saw the prisoners with a van going slowly up Liverpool-street, towards Bishopsgate-street—all the prisoners were with it—Garrett was down on his side, and could see that his arm was at work at the top of
one of the bales—the younger Bird was on the box looking round—the elder Bird saw me, and no doubt, knew me, though I was in private clothes—I had seen him a short time before—he was driving—he called out "Help," or something like that, and Garrett started up suddenly with a handful of wool in his hands on the top of the bales—he then turned round and sat on the bales—Robert Bird the younger is the nephew of Robert Bird—he was looking at Garrett—he could see him very plainly—the driving box is very high—Garrett was nearly level with the drivers head—anybody turning their head could see them quite plainly—the younger Bird was standing up by the side of the driver with his head towards Garrett—I am quite sure Bird, the driver, saw me, for they increased their pace and drove quickly away up Liverpool-street—I ran as fast as I could round Bishopsgate church-yard, and as I got to the top, I saw the van turning down Hounds-ditch—they were then in the same position as when I first saw them—the younger Bird was up on the box, and I could see that he was taking wool—they drove slowly down Hounds ditch—Liverpool-street is nearly opposite—it is in the line of Haydon-square—they must go across the street—I followed them, and the van stopped at the corner of Aldgate church-yard—I could see Garrett and the younger Bird sliding down the van behind—the younger Bird must have got over the top—they both left the van—the younger Bird went towards the Minories, and Garrett round the churchyard, carrying this bag of wool (produced) on his head—I could not see which of them handed it down, as they slid down to quickly, but Bird was down so that he must have seen Garrett with it—it contains wool—I followed Garrett, and gave him into custody to another officer—I then met the younger Bird walking in the Minories, told him that I was a policeman, and I should charge him with stealing wool from one of Pickford's vans—he said, "What van? I know nothing about any van; I have not been in any van to day, and I have not been at work to day"—I took him to where the van was stopped by another officer, and told the elder Bird that I should also take him in custody for stealing wool from the van—he said that he knew nothing at all about it—I told him I must take him to the station-house, and took him there—Bird was on the box driving, at the time the van was stopped—he pulled up long enough for them to get down; about half a minute—the van was loaded three or four feet above the rails.
Cross-examined by MR. RIBTON. Q. Is that what you mean by saying that his head was nearly level with the top? A. Yes; it was a little above, about a head—I saw Garrett lying on his side, working with his arms—I was looking for the purpose of seeing something as I suspected them—I do not think I named at the Mansion-house that the younger Bird slid down behind—I forgot it—the street was not crowded—they were one hundred yards from the crossing—Bishopsgate-street was crowded, and so was Aldgate—there was nothing at this crossing barring this van; no cabs, or anything of the sort—none of them got down when they cried "Help"—the younger Bird walked some distance by the side of the van to this end of the Minories, after Garrett went away to the left—he did not say to me, "I was out drinking on Saturday-night, and I did not go to my work on Monday"—he denied having been on the van—the younger Bird had nothing with him.
JOHN GALE . I am foreman to Messrs. Pickford—the company consists of Joseph Hornby Baxendale, and others—the elder Bird was a carman, and Garrett was the guard of the same van—the younger Bird was a labourer in the warehouse—on 5th December the elder Bird and Garrett
went with the van to fetch some wool from 65, London-wall—they were to bring it direct to Haydon-square—the younger Bird should have been at work in the warehouse, but was not—he had no business with the van—one of the officers came to me—I examined the bags, and found one of them cut open, and there was about twelve pounds short—this (produced) corresponds in sample and quality—I have got the cart note from the elder Bird—that includes this bale which was cut open—the value of the wool was about 18s.—the bag does not belong to us; we have none like it—on examining the van, I found another bag like this, which did not belong to us—I also found another bag there, containing the same sort of wool—the van had no business to go up Hounds ditch—it was a quarter of a mile out of its direct way—it ought to have gone straight down Camomile-street—the prisoners had no business in Liverpool-street.
Cross-examined. Q. Is Camomile-street a crowded street? A. No; I should call it a quiet street, and so is Liverpool-street; one is as much retired as the other—no particular directions were given with the van as to what streets were to be taken on that day, but many of our carmen have orders to go down certain streets—they may not take the most convenient streets—the street from London-wall to Camomile-street is very narrow at some parts, but two can pass very comfortably.
JURY. Q. Is it not a straight road? A. Yes; but instead of going straight, he went right round, and then came into Houndsditch.
MR. RIBTON. Q. Is it not more public than the other way? Q. Well, I have been there two years and I have only seen two blocks—it is more crowded at 6 o'clock than at 4, I should say—Garrett said that the bag in which the wool was found, belonged to him—the elder Bird has been four years at Messrs. Pickfords, and the younger one about twelve months.
JOHN MERRICK . I am foreman to Messrs. Gooch and Cozens—I saw the van loaded—I delivered this bale—it was then sound—I afterwards saw it at Messrs. Pickford's and it had been opened—I ordered two hundredweight, two quarters, twenty-one pounds.
Robert Bird, the elder, received a good character.
ROBERT BIRD, senior
GUILTY — Confined Eighteen Months.
ROBERT BIRD, junior— GUILTY .— Confined Six Month.
MR. COOPER conducted the Prosecution.
HERMANN COX . I am a merchant of 18, Mark-lane—on Saturday-after-noon, 3d December, I was getting into an omnibus in Gracechurch-street—I had missed the twenty-minutes before 5, and had to wait for the 5 o'clock—I saw the prisoner there—when the omnibus turned round another man, who undoubtedly belonged to him, prevented us from getting in—I stood where the conducter stands—the prisoner stood by me, and I felt a tug from his hand, and said, "You vagabond, you have got my watch"—he ran twenty or thirty yards, and fell down, or I should not have caught him—I laid hold of him—he wanted to get into Leadenhall-market, but there was an omnibus in the way—my watch was worth forty guineas—I have never recovered it.
Cross-examined by MR. RIBTON. Q. Are you certain it was his hand? A. There was nobody else near me—I was touching the board that the conductor stands on—the other man had hold of the door, and would not
let us in—he said, "I cannot open the door"—I was standing on the ground, not on the board—I am not in the habit of getting in backwards; but I was waiting for the conductor to come and open the door—he came up a minute afterwards—the omnibus was standing still—my left side was to the omnibus; otherwise they would have knocked me down with the door—I wear my watch on the right side, that I may not break my eye-glass—other people were in the omnibus trying to get in, but they were on the other side, on the pavement—the man who would not let me get in did not touch me—I do not know whether he had his foot on the step—I saw no more of him when I came back—he was holding the door at the time my watch was taken—the prisoner was not trying to get into the omnibus—I did not hear him say that he was running across the road to get in—I was not in a state of excitement at losing the former omnibus—I was going home to dinner, but I do not dine till half-past 6—I was annoyed; there were no people in the omnibus; they could not get in—the man said the door was locked: I said, "I never heard of such a thing"—the prisoner ran four or five houses from the omnibus—he said nothing when I seized him—he did not lay hold of me—we did not both fall in the gutter; he fell—it was very slippery.
NICHOLAS DUNSTAN . I am conductor of this Dulwich omnibus, and live on Dulwich common—on 3d December, I saw some people waiting at the back of the omnibus, and Mr. Cox among them—I heard him call out to the prisoner, "You vagabond, you have stolen my watch"—the prisoner said nothing, but ran away—I saw the prisoner's hands taken away from Mr. Cox's pocket—I followed and saw Mr. Cox catch hold of him, but he broke away—I caught hold of him, but he got away from me, crossed the road, turned back, and endeavoured to run across again—he ran against a waggon and was stopped.
Cross-examined. Q. Were there a number of people at the back of the omnibus? A. Five—there was no one near Mr. Cox except the prisoner and myself, and I was a foot away from him—the others were standing on the right hand side with the horses heads towards London-bridge—the prisoner was on Mr. Cox's left side—Mr. Cox's left side was to the board, and the prisoner was at the side of him—I saw his hand come from Mr. Cox's pocket with a snatch—there was nobody else near that I can have mistaken for him—the street was perfectly clear—I was looking towards Mr. Cox at the time he called out.
MR. RIBTON here stated that he could not struggle with these facts.
GUILTY .—He was further charged with having been before convicted.
THOMAS EVANS (Policeman, 22 G). I produce a certificate (Read: "Worship-street Police-court, January 1858; George Miller convicted on his own confession of stealing a watch from the person.—Confined Six Months.")—I was present—the prisoner is the person.
GUILTY. His master gave him a good character for the last six or seven months, but Charles Baker, City-policeman, 615, and Policeman, 11 F, deposed to his having been the associate of thieves for eleven years. Confined Twelve Months.
NEW COURT.—Monday, December 12th, 1859.
PRESENT—Mr. Ald. CUBITT, M.P.; Mr. Ald. CONDER; and Mr.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY ,
To find securities, and appear to receive judgment when called upon.
FREDERICK BROOK . I am assistant to Mr. William Mc Cullock, and another, 95, Bishopsgate-street, chemists—the prisoner was in their employ—on 29th November, the prisoner came to the chemical room where I was working—the other young man had left the room as did I, and on my return I saw the prisoner take a four ounce bottle of oil of cloves, and put it into a box in which he was in the habit of carrying empty bottles to the rack—he went out of the room with it, and I followed him down to the lower warehouse—he did not leave the bottle there, but he went up stairs, and I went and gave information—I was returning, and he was coming down from No. 3 Store-room with the box in his hand, and the bottle was not there.
Cross-examined by MR. RIBTON. Q. Did you ask him whether he had taken a bottle? A. No; I did not say anything to him—I have not had any quarrel with him—I am informed he has been there fifteen months—the room that I saw him take the bottle from is a room in which we mix up chemicals—it is about half the size of this Court—the bottles are on shelves—the average size are what are called quart bottles—the one I saw him take was a small one; it was taken off a counter, not off the shelves-it was put there for the purpose of seeing whether that was to go to the customers with some that had gone before—the bottles that are made up are taken from the shelves and filled into small bottles—there was no one in the room but me—as I entered the room, I saw him take the bottle—he is often sent to go there for empty bottles; he has nothing to do with full ones—he has to take empty bottles from the drying-room to the rack—he went down to the lower warehouse, the receiving warehouse—there were several at work there; I dont know how many—that was not his place; he has nothing to do there, except when sent there—he has to pass there, and he may be sent there on business—he is not sent there more than any other part of the premises—he had the box in his hand, and the bottle was in the box—the box was not covered—he was carrying it sideways—I saw it, and any one looking towards him might see it—I never said a word to him about it—this was before 9 o'clock in the morning—I have nothing to do with his leaving—I only saw him take the bottle in the morning—I don't know that he was followed at 1 o'clock—I can't tell what other persons do.
MICHAEL HAYDEN (City-policeman). On 29th November, in consequence of information, I went to where the prisoner lives—he was at home, and I took him in custody—I told him I was a police-officer, and I took him on a charge of stealing some property from the house of his employer—he said he had not stolen anything—I found on him 1l. 0s. 10d. and 16s. 6d. was wrapped in a piece of canvas—he said that was not his own—he afterwards said it was.
Cross-examined. Q. You were looking for a four ounce phial? A. I was looking for a bottle—I saw him about a quarter before 1 o'clock come out of the warehouse—I then went to his place—I was there when he came—I found no phial on him—I told him he was charged with stealing some property from the warehouse—he said he had not, and knew nothing about it.
NOT GUILTY .
JOHN RAFFARTY . I am a private in the 19th Regiment of Foot—I was on furlough on 2nd December—I slept at a coffee-shop that night—there were four other soldiers there—the prisoner was one, and he slept in the bed with me—I had three half sovereigns, four shillings, and some coppers—when I went to bed, I put my money in my purse in my trousers, and put my trousers under my pillow—the prisoner got up first, and said he had lost five shillings—I then got up and found my money was all gone—I gave information to the landlord, and the officer was sent for—he afterwards showed me my bag.
WILLIAM HOPKINS (City-policeman, 412). The last witness fetched me to the coffee-shop and gave the prisoner in charge for robbing him of three half-sovereigns and 4s. or 5s.—I took him to the station where he gave up this purse, and said it was his own money—I found in it three half-sovereigns and 27s. and 10 3/4 d.—after he had been removed from the dock I saw the bag lying on the floor in the corner of the dock where he had stood—I showed it to the prosecutor; he said it was his—no one had been in the dock but the prisoner.
GUILTY .— Confined Six Months.
JOHN KELLY (City-policeman, 472). On the evening of 30th November I was on duty in St. Paul's Church-yard, about a quarter-past five o'clock—I saw the prisoner, he was carrying a truss—it was wrapped in this wrapper—when I saw him first he was in Cannon-street West—he then had this truss on him—I followed him up the east end of St. Paul's as far as St. Martin's-le-Grand—I then tapped him on the shoulder and asked him what he had got there—he immediately took the truss off his shoulder and placed it before him and said "It is all right; you can have it; it don't belong to me"—I asked him where he got it from—he said a gentleman gave it him in St. Paul's Church-yard to carry for him—I asked him where the gentleman was—he said he thought he was behind—I told him I should take him in custody on suspicion of having stolen it—he resisted my taking hold of him, but I took him by the collar and took him to the station—he said he lived in a street which he named in Commercial-road East—I found it to be false.
Cross-examined by MR. SHARPE. Q. Have you been to that place? A. Yes—I went that evening—when I first saw the prisoner he was in Cannon-street West, on the north side—I was in front of him—this was about quarter-past five o'clock—the lamps were lighted—he came right up to me—I was in my police dress—I don't think he could see me—I saw him fifty or sixty yards before he got to St. Paul's Church-yard—he walked by me and I followed him—I let him turn the corner—he was about twenty yards before me when I followed him—it was in St. Martin's-le-Grand that I spoke to him—he was going very fast, and I ran after him—I did not say before the Magistrate that he ran away.
JOHN TEMPER . I am carman to Mr. Young husband—on 30th November, about five o'clock, I was delivering goods at No. 55, Cannon-street—I went into the warehouse to get my bill signed—when I went in I left one truss and some other goods on my cart, and when I got up in my cart to drive away the truss was gone—this was the wrapper of it—it had been safe, when I went in the warehouse—I was in about three minutes.
Cross-examined. Q. Do you know the prisoner? A. No—No. 55 is fifty or sixty yards from St. Paul's Churchyard—I was not more than three minutes in No. 55—it was about five o'clock.
GUILTY .*— Confined Twelve Months.
ALEXANDER— PLEADED GUILTY .
MILLER— PLEADED GUILTY .
Confined Twelve Months.
108. WILLIAM ALEXANDER (31) , Embezzeling 5l. 12s. 3d., 6l. 14s. 3d., and 5l. 15s. 0d. the property of Samuel Edward Stablschmidt and others his masters; to which he PLEADED GUILTY .— Four Years' Penal Servitude.
OLD COURT.—Tuesday, December 13th, 1859.
PRESENT—Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt. Ald; and Mr. Ald. ROSE.
Before Mr. Recorder and the Second Jury.
LOW— PLEADED GUILTY.*—Recommended to mercy by the Prosecutor. —
Confined Six Months.
MR. ORRIDGK conducted the Prosecution.
RICHARD HUTT (City-policeman, 466). I know the prisoner, Carruthers, by seeing him standing about Hamborough Wharf, Upper Thames-street—on the morning of 8th December I went to his house—he was not at home—I commenced searching; his wife and children were there—he afterwards came home, and I asked him where he had got that paper from that his wife had taken to Hamborough wharf—he said that he should not tell me—his wife said that she took it there by his orders—I had been watching her—I saw her take a parcel of paper there, and I fetched it from there, took it to the station, and ascertained that it belonged to Mr. Robinson, a wholesale stationer, of 79, Upper Thames-street—I took the prisoner to the station and showed him the paper which was there—he told me that he should not tell me the man's name who had left it there—the prisoner Low was then brought in by Mr. Robinson, and he said in Carruther's presence that Carruthers had pressed him to take some paper, that he took four packages yesterday morning, and had taken four packages on the Wednesday morning previous—Carruthers made no reply—I had seen the prisoners together the night before coming out of a public-house opposite Hamborough Wharf.
Cross-examined by MR. RIBTON. Q. Did not he say that it had been left at the house in his absence, and that not knowing whether it was right or not he desired his wife to leave it at the wharf? A. No; his wife said in his presence that he had told her to take it to Hamborough Wharf to a man named Cooke, who I believe is her brother-in-law—I never heard him say that it was left in his absence—I had not shown him the paper at the time
I had the conversation with him—it was shown to him five or she minutes afterwards—it was tied up as it is now—I got it at Hamborough Wharf tied up better than it is now; the string went round twice instead of once.
CRESCENS ROBINSON . I am a wholesale stationer of 59, Upper-Thames-street—Low was in my employment—I went to the station-house on 8th December, and there saw a parcel of paper, which was my property, and was worth 1l.—Carruthers was brought there—I went to fetch Low; Low accused Carruthers of inducing him to get the paper from me—Carruthers made no reply to that—nothing more, I think, was said.
Cross-examined. Q. Have you any doubt that it is your paper? A. No; it has my mark on the stamp—Hamborough Wharf is Chaplin and Homo's receiving-house, where packages are sent to be forwarded to the country—I noticed particularly that there was no direction on this parcel—the parties at Hamborough Wharf did not know what to do with it.
SAMUEL BARTON . I am gatekeeper and timekeeper at Hamborough Wharf—on the morning of 8th December, this parcel was left with me by the prisoner's wife—she asked me to give it to Mr. Cooke—I had seen her the previous evening when she came and asked for Mr. Cooke.
Cross-examined. Q. Who is Mr. Cooke? A. Carruthers' brother-in-law—the prisoner's wife had left a little parcel there before, containing wearing apparel.
JOHN COOKE . I am harness-maker to Chaplin and Horne—Carruthers is my brother-in-law—I saw him the night before this—a conversation passed about his going down to Woolwich for me about a son of mine, but nothing was said in my hearing about any paper—I was not to call for any paper.
Carruthers' statement before the Magistrate was here read as follows: "He (pointing to the other prisoner) brought the paper to my place, and asked me to let him leave it. I had suspicion that he did not come by it honestly, and so I sent my mistress with it. I was going to ask Mr. Clarke to let me leave it there."
MR. RIBTON submitted that there was no case against the prisoner, as the conversation may have referred to the parcel left by Carruthers at some other time.
COURT to JOHN COOKE Q. How long before had the first parcel been left at Hamborough Wharf? A. I should think about three months before.
CARRUTHERS— GUILTY .*— Confined Eighteen Months.
MR. RIBTON conducted the prosecution.
PETER FULLER . I am servant to Messrs. Morris and Oaks, of Leadenhall-market, carcase butchers—their slaughter-house is in Gun-yard, Bishopsgate—you approach it by outer gates—I locked the yard gates on Thursday evening, 1st December, about half-past 7, leaving several carcases in the slaughter-house, of beasts which had been killed that day—there was also a horse and cart there—I returned next morning about half-past 5, found the gates open, and four sides of beef and the horse and curt gone—the locks of the gates were not broken or damaged—I immediately gave information to Mr. Oaks—the prisoner was in his employ two or three months ago—I do not know how long—he used to come to the slaughter-house to kill.
Cross-examined by MR. SLEIGH. Q. Had he anything to do with driving the horse and cart? A. No—since he left two or three other persons have also left Messrs. Oaks' employment.
EDWARD OAKS . On 30th November, I went to the slaughter house—I assist in slaying and dressing the beasts—there were accidental marks by means of which I can identify them—Fuller came to me on this morning and I went to Newgate Market, and received information at Mr. Cockerell's shop—I saw the meat there, divided into eight quarters—I identified it, and then went to the police-station—my cart had "Warrington & Morris" written on it—the prisoner was in my service several months—he has left several months—He was a slaughter-man—his business led him to the slaughter-house, and he knew the premises—he had sometimes to drive the horse and cart—we keep three horses—the right harness was put on this horse.
Cross-examined. Q. Do the other servants drive likewise? A. Yes; occasionally—it was seldom the prisoner's duty to drive.
JOHN OLDFIELD . I am a butcher in Mr. Nicholson's employment—on Friday morning, 2d December, I assisted in moving some quarters of beef from a cart which was standing in Warwick-lane—a young man named Moffling desired me to do so—Mr. Nicholson was in the shop at the time—there was a short man in the cart and a taller man at the tail of the cart—the prisoner is the man who was at the tail of the cart—I am quite sure of him—I took the beef to my master's shop, and it was fetched from there to Mr. Cockerell's—I took no notice of the cart, to see if there was any name on it.
Cross-examined. Q. What time was this? A. About 5 o'clock in the morning—I have no doubt the prisoner is the man—I knew him immediately, the moment I was shown him—there was a little bit of hesitation at first; I was over pressed by one or two, and I did not give so correct an account on the first hearing—I have always been of the same mind that he is the man, and, except before the Magistrate, I have always said so—I admit saying that I did not give a correct account of it in the first instance—it is speaking offhand to say that I did not tell the truth—he was a perfect stranger to me.
MR. RIRTON. Q. Do you recollect that he is the man now? A. Yes—I said in his presence, when he was first shown to me, that he was the man.
HENRY BELL . I am a butcher, of 98, Vauxhall-wharf—on Friday morning, 2d December, I saw a cart and horse in Warwick-lane, about five minutes to 5 o'clock—the prisoner was leading the horse, and I saw the name of "Warrington & Morris" on the cart—there was no other person in the cart—it contained some beef—I got within five yards of the prisoner, and saw the last witness come and take the meat out.
Cross-examined. Q. Was not this what they Call the foggy morning of the month? A. No; it was a nice clear Morning—the gas was burning—I appeared before the Lord Mayor last Friday, when another person was charged with this matter; He was discharged—I could not swear to him—I saw the prisoner in custody on the Monday following—I had never seen him before 2d December—I was sitting on Mr. Perry's board, within four or five yards of Warwick-lane, drinking my coffee, which I always have brought there, and I saw the cart drawn down the lane, and Moffling go and take some beef half out of it—there was no other person in the cart—I have myself been convicted of stealing meat.
MR. RIBTON. Q. Is that six years ago? A. Yes—I have led an honest life since—there has never been any other charge against me—I was afterwards taken to Newgate by Hancock, and picked the prisoner out of six or eight persons who were in the yard together—I identified him at once.
MR. SLEIGH. Q. When you saw him in the gaol, was he dressed in a butcher's smock? A. No; in a coat like he has now, buttoned up; and a hat on.
WILLIAM HAMPSTON . I am servant to Mr. Perry, a butcher in Newgate-markets—on 2d December, I saw Messrs. Morris and Warrington's cart draw up at the corner of Warwick-lane—there were two men with it—the prisoner is one of them—he was leading the horse—he afterwards got into the cart, and helped to hand the beef out—I saw him for some time—I was only three or four yards from him—I am quite sure he is the man.
Cross-examined. Q. Were you examined when another man was in custody on this charge? A. Yes—that man was discharged—I saw him at the Mansion-house, and swore that he was 'the man, and so I say now; he was the second man that helped to hand the beef out.
GEORGE BAKER (City-policeman). On Friday evening, I went to the Queen's-road, Walworth, to the prisoner's house, in consequence of information, with another officer—I told him that we were police-officers, and came concerning some beef stolen that morning from Mr. Morris—he said that he knew nothing at all about it—I asked him if he would accompany me to Newgate-market, to Mr. Nicholson's—he said he had been in Leadenhall-market that morning, and went away about half-past 6—I asked him whether he had been in Newgate-market; he said he had not—he went with me to Newgate-market—we saw Mr. Nicholson, and Oldfield, and Moffling—Oldfield said, in the prisoner's presence, that he was the man—the prisoner said, "You must be mistaken," or something to that effect—I took him in custody.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury on account of his character.—
Confined Nine Months.
NEW COURT.—Tuesday, December 13th, 1859.
PRESENT—Sir ROBERT WALTER CARDEN, Knt.; Mr. Ald. CONDER; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
HENRY ANDREWS (Police-sergeant, B 30). I produce a certificate (Read: "Central Criminal Court January, 1859; Sarah Bull, convicted of unlawfully uttering counterfeit coin. Confined Nine Month.) I was at the trial—the prisoner is the person.
EMMA HOWELL . I live with my father and mother, who keep a beer-shop in Eudell-street, Long-acre—on Monday, 31st October, a little boy came in, and asked for half-a-pint of porter—it came to three-farthings; he gave me a shilling, I gave him 11 1/4 d., and he left—I put the shilling on the table in the parlour—in about three minutes a woman came in, and wanted half-a-pint of porter—she gave me a bad shilling—I showed it to my mother, and gave it back to the woman—she said she had but one half-penny, and she left the house—in consequence of what my mother said, I followed the woman—I saw her join the prisoner Bull, and the little boy Newman, who had been in our house—I gave information to my mother, and she went out.
Prisoner. How can you say it was me? Witness. I saw you—I did not speak to you—I went and told my mother.
COURT. Q. What time of day was it? A. About four o'clock—I was about two yards from the prisoner—I am quite sure she is the woman.
EMILY HOWELL . I am the wife of William Howell and the mother of the last witness—on Monday, 31st October, I was at the beer-shop—my daughter put a shilling on the table in the bar parlour—I took it up, found it bad, marked it, and put it in my purse apart from other money—my daughter went out, and she came back, and gave me information—I then went out, but the persons were gone—on 8th November the little boy Newman came to our house at nearly 8 o'clock in the evening—I served him with half-a. pint of beer—he gave me a shilling—I found it was bad—I sent for a policeman, and gave him in custody—on the same night I went to Bow-street—the boy was there, and was discharged on account of his being so young—when he was discharged, I followed him up Russell-street, and Drury-lane to King-street—I there saw him meet the prisoner, Dunn, and another woman, and they all went to a beer-shop at the corner of Silver-street—on 16th November I was with my daughter in Walker's-court, Soho—I there saw the little boy, the prisoner, and the other woman—I saw the prisoner give something to the little boy, and he went to Mr. Littlewood's, an oil-shop in little Pulteney-street—the prisoner remained at the corner of the street—when the boy went in I went in also—I saw him served with a quarter of a pound of soap—he put down a shilling—I made a communication to Mr. Little wood—he looked at the shilling, and it turned out to be bad—a constable was sent for, and the boy was given into custody.
FREDERICK LITTLEWOOD . I keep an oil-shop in Little Pulteney-street—on 16th November a little boy came to my shop—I served him with some soap—he paid me with a bad shilling—Mrs. Howell and her daughter were in the shop—they made a communication to me—I found the shilling was bad, and I gave the boy in custody.
PATRICK WINTER (Policeman, C 100). On 16th November I was called to take the boy in custody—I produce three bad shillings—I got one from Mr. Littlewood and two from Mrs. Howell—I afterwards went to a house in King-street, Drury-lane—I found the prisoner Bull in bed with another woman—I first said, "Sarah, here you are"—she took the clothes off her head, and I recognised her—I asked her if she had not a son named John Newman, and I told her he was very ill in the House of Detention—she said she knew he was there, but was not aware that he was ill—I told her I should take her in custody for inducing her son John Newman to pass bad money—she said she knew nothing about it—I took her to Mrs. Howell's; they identified her, and I took her in custody.
MESSRS. ELLIS and COOKE conducted the Prosecution.
EMMA HOWELL . I live with my father and mother—on Monday, 31st October, the boy Newman came to our house about a quarter past 4 o'clock—he came for half-a-pint of beer in a yellow jug—he gave me a shilling; I pave him change—I laid the shilling on the table—soon afterwards a stout woman came in, and gave me a bad shilling—I gave it her back—she said she had only one halfpenny, and could not have the beer—I am sure I gave her the same shilling she gave me—when she left, I followed her, and she
met the prisoners—they were talking together, and I wont back and told my mother.
EMILY HOWELL . On 31st October my daughter showed me a shilling—I put it aside, and afterwards gave it to the policeman—on 8th November, Newman came and gave me a bad shilling—I said to him, "This is a bad shilling, and you were here last Monday week, and gave me a bad shilling"—he made no answer—I said, "Where did you get this from"—he said a man gave it him outside—I sent for a policeman, and gave him in custody—I followed him to Bow-street, and he was discharged—when he left, I followed him and saw him join Bull and another woman, and they went to a beer-house—on 16th November I saw Newman and Bull in Walker's-court—I saw Bull give the boy something, and he went into Mr. Littlewood's—I went in and saw him put down a shilling—I said to Mr. Littlewood, "You had better look at that shilling, I think it is bad, for he has passed two upon me"—Mr. Littlewood found it was bad—he asked Newman where he got it it—he said two men gave it him outside—I said, "That is a story; you know that two women gave it your—he made no answer—he was then given custody.
FREDEROCK LITTLEWOOD . I live in Little Pulteney-street—on 16th November, Newman came into my shop for a quarter of a pound of soap; he put down a shilling—Mrs. Howell said, "What has he given you?"—I said, "A shilling; a bad one"—she said he had passed two on. her—I asked the boy where he got it; he said two men gave it him outside and they gave him a farthing to come in—Mrs. Howell said, "Don't tell stories; you know that two women gave it you"—he did not say anything to that—I marked the shilling, gave it to Winter, and gave the boy in custody.
PATRICK WINTER (Policeman, C 100). I took the boy in custody—I produce three bad shillings—I received one from Mr. Littlewood, and two from Mrs. Howell—I afterwards took Bull, and told her that her boy was ill in the House of Detention—she said she heard he was there, but was not aware he was ill—I took her in custody.
BULL— GUILTY .— Four Years' Penal Servitude.
NEWMAN— GUILTY — Confined One Month at Newgate, and Three Years in a Reformatory.
MESSRS. ELLIS and COOKE conducted the Prosecution.
ELIZA PAGDIN . I am bar-maid at the Plasterer's Arms in Tottenham-court-road—on Friday night, 18th November, the prisoner and another woman came in about a quarter before 12 o'clock—the prisoner asked for a pint of porter; it came to 2d.; she tendered me a bad sixpence—I told her it was bad—she said she had just taken it at the Queen's theatre—the other woman gave me a good shilling—I kept the bad sixpence and gave it to the policeman.
CHARLES STACEY . I was at the Plasterer's Arms on Friday night, 18th November—I saw the prisoner and another woman there—I saw the sixpence given—the other woman gave the shilling and they left—I know the Prince of Wales; it is 7 or 8 minutes walk from the Plasterer's Arms.
FREDERICK OLIVER DEATH . My mother keeps the Prince of Wales—I was there on 18th November—I saw the prisoner there about 12 o'clock at night, for half a quartern of gin—the price was 2d.; she gave me a bad; sixpence—I took it and bent it, and asked her if she had any more about
her—she said, "No"—I went out to look for a constable and saw another woman outside—I gave the prisoner in custody with the sixpence—the other woman was taken but was discharged.
GUILTY .*— Confined Eighteen Months.
MESSRS. ELLIS. and COOKE conducted the Prosecution.
HERBERT STAMMERS (Policeman, S 136). On 23d November, about the middle of the day, I was in High-street, Islington, with Tomkins—we were in plain clothes—the prisoner and two other men attracted our notice—we watched them—they went along the street; one of them went into a shop, another stood outside, and the prisoner walked on—the man who was outside made a signal to the man inside and he came out—the prisoner and the other joined, and the other made a motion to the prisoner and he left them and went on by himself—Tomkins and I followed him some yards—I said to him, "You are about something wrong, I shall take you on suspicion"—he put something in his mouth and he made a rush towards a public-house—he did not get in; I stopped him—he said he wanted some beer to drink—I noticed his face; he began to turn black in the face, and appeared to be choking—we got him about twenty or thirty yards further and then he spat out of his mouth six half-crowns—I picked them up and said, "I have got them"—he said, "If there is anything there you put them there, you b—thief"—when I picked up the coins they were in a packet; one of them fell out of the packet; the others were done up in separate papers one from the other—Tomkins was with me; he was struggling with the prisoner.
Prisoner. Q. I should like to know why you did not apprehend the other two men? A. We were confident that you had got the money from your way of going on—we could not take all three.
LUKE JAMES TOMKINS . I was with the last witness and saw the prisoner and the other two men—one went in a shop, another stood outside, the prisoner went on—they then went to him—they then parted; the other two went in another direction—they intended" us to follow them—we followed the prisoner—I told him I was a police-officer and I should take him—he put something in his mouth—he made an effort and turned black in the face—he appeared to be trying to swallow something—he asked for half a pint of beer; I said he should not have it—he then asked for water; I said he should not have it, he should come to the station and should have water—when he got to the corner of Cross-street, he spat out these six half-crowns—he tried to get away—I had to throw him down to secure him—I found on him one half-crown, a watch guard and a key—he said he lived in Edgeware-road.
Prisoner's Defence. I plead guilty to the possession of the coin, but not knowing it was bad; I met the two young men who used to go to school with me; they asked me if I was going to Holloway; I said, "No, to Canonbury-road." They asked me if I would put this parcel in my pocket, which I did, and they walked on ahead. I lost sight of them, and I opened the parcel. I found that it contained half-crowns. I did not know what to do; I found there was a snare laid for me. I put them in my mouth; the officers came and asked what I was doing, and said they should search me. I knew that I had the money, but I did not know it was bad. I had not them with a guilty knowledge.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury.— Confined Twelve Months.
MESSRS. ELLIS and COOK conducted the prosecution.
EMMA MADGIN . My father keeps the Prince Alfred, in the Caledonian-road—on 5th December the prisoner came about 9 o'clock—he asked for half a pint of beer—it came to a penny—he gave me a 2s. piece—I took it, and gave him 1s. 1ld. change—as he left the house I examined the 2s. piece and found it was bad—I sent the potman after the prisoner, and he was brought back in about five minutes with a constable—I said that he had given me a bad 2s. piece—I gave it to the constable, and he kept the prisoner—I know Mr. Sims' shop—it is about two minutes walk from our house.
WILLIAM BLENCO (Policeman, N 440). I took the prisoner—I received this florin from Miss Madgin—on searching the prisoner I found no money on him—there was a packet of salts—I went to Mr. Sims' shop and received from him this half-crown, which is bad.
HENRY DEVONPORT JONES . I am assistant to Mr. Sims, the chemist—last Monday week the prisoner came to the shop for two ounces of salts, which came to 1 1/2 d.—he gave me a bad half-crown—I put it in the till, and gave him 2s. 4 1/2 d. change—there was no other half-crown in the till—I saw the prisoner afterwards in the constable's hands, when he was brought to the shop half an hour afterwards—the policeman brought the package of salts that I had given to the prisoner.
Prisoner. I am quite innocent.
GUILTY .— Confined Nine Months.
MESSRS. ELLIS and COOK conducted the prosecution.
EDWIN WHITNEY . On the afternoon of 2d December I was serving some customers down Parsons-green-lane—the prisoner and another man came up—I followed them down the road—they then began fighting—after they had done fighting, the other man called out and said, "This man has got bad money"—the prisoner then put his hand in his right hand pocket, pulled something out, put his hand to his mouth, and seemed to be putting some-thing in—what he seemed to be putting in appeared to be shillings; part were loose and part in paper—he tried to swallow them—he turned black as
he was struggling with the other man, and I saw him put them in the mud I—I saw the other witness stoop and pick them up.
THOMAS CHILD . I was in a house about 4 o'clock on that afternoon I looking out at a window—I saw the prisoner and another man fighting—I went towards them and beard the other man say, "He has got bad money in I his possession"—the prisoner put his hand in his pocket and put something I in his mouth—it very nearly choked him; and he turned the other man I over and put what he had in the mud—I took it out, and I said, "These are I counterfeit"—there were seven shillings—I went to the Fulham-green station I and gave them to the constable—I am quite sure that what I picked up was I what the prisoner took from his. mouth, and that it came from his right hand pocket—I went to the station and brought a policeman back with me.
WILLIAM BAKER (Policeman, V 215). I saw Mr. Child at the station on 2d December—I accompanied him back about 200 yards to a place where I found the prisoner—I got from Child seven counterfeit shillings—I told the prisoner I should take him for passing counterfeit coin—he said he did not know what counterfeit coin was—I found in his left hand trousers pocket half a pound of steak, a kidney, a piece of bullock's liver, a penny loaf, and a bun—he gave an address which was false—I could not find anything of him I there.
COURT. Q. What time was it? A. Between 3 and 4—I could not tell to a few minutes.
Prisoner. I know nothing at all about it—I told the other man I did not I want anything to do with him—he ran away and left me.
GUILTY .— Confined Twelve Months.
MESSRS. COOKE. and POLAND conducted the prosecution.
AMELIA THOMSON . My father keeps the Rising Sun, in Cloth Fair—on Saturday evening, 26th November, about half-past 9 o'clock, the prisoners came in together, and Jones asked for a quartern of gin and cloves—it came to 4d.—he paid me with a bad florin—I told him it was bad, and he gave me half-a-crown—he asked me to return the florin—I refused, and gave it to my father—Jones asked my father for it—my brother took it from my father, broke it, and threw it behind the fire—I saw it melt, and picked up some of the fused metal and gave it to my brother—I gave Jones the change for the half-crown, and he went outside—Scottock remained in the house—he did not seem to go away—I saw him put something in his mouth—my brother said he should either open his mouth or be locked up—he opened his mouth in about a minute and a half afterwards, and asked my brother to put his finger in and feel, which my brother did not—he then drew a knife from his back and said to my brother, "I will do for you"—I saw the knife open, and Scottock cut his own hand—Mr. Wright was there—the knife was taken from Scottock and he was given in custody—Jones was outside, and was taken in custody.
Cross-examined by MR. RIBTON Q. Will you undertake to say that Scottock put anything in his mouth? A. I saw him put his hand to his mouth and put something in—I don't think it was a piece of tobacco—I believe it to have been a coin of some sort, for fear of his being detected—I saw him put his hand to his pocket, and then put his hand to his mouth.
Jones. I went outside, and I could have gone away altogether if I liked.
JOHN THOMPSON . I am a brother of the last witness—I saw the two prisoners standing in front of the bar on the evening in question—I took the coin from the hand of my father or my sister, broke it in two pieces, and put it in the fire—they paid in good money, a half-crown, and I told them to be off out of the house—I saw Scottock pat his hand to his mouth—he appeared to put something in his mouth—I went round, took him by the collar, and told him to open his month—in about a minute and a half he opened it, and told me to put my finger in—he then put his hand in his pocket and drew out what I thought was a pistol—I saw in his hand an open knife, and he said, "I will show you what I will do for you"—I stepped on one side, and some one took hold of him and he was secured.
CECIL FRANCIS WRIGHT . I live in West Smithfield—on Saturday night, 26th November, I was in the Rising Sun—Scottock was going out, but I prevented him—I laid hold of him—I found I was cut, but I was not aware of it till I was told—the prisoners were given in charge.
Cross-examined. Q. Did Scottock say that Jones asked him to go and have something to drink? A. No.
WILLIAM ROLAND (City-policeman, 247). I took Jones—I found on him three shillings, one sixpence, one fourpenny piece, and 3d. in copper, 5s. worth of postage stamps, and a pair of new hinges—he gave an address—I went to the place but I could not find anything about him—I produce the piece of metal that was melted.
JAMES MC WILLIAM (City-policeman, 224). Scottock was given into my custody—I took him to the station—I found on him 12 shillings, 4 sixpences, and 11d. in coppers, all good—he gave an address, and I found his father lived there.
Cross-examined. Q. Did he say he was not to know what money the other man had? A. I don't recollect his saying so then—he did before the Magistrate.
Jones's Defence. I went in the public-house and called for a quartern of gin and cloves. I gave a 2s. piece; they said it was bad, and refused it. I went outside, and could have gone away if I had known the 2s. piece was bad.
PLEADED GUILTY .**— Six Years' Penal Servitude.
PLEADED GUILTY .**— Six Years' Penal Servitude.
THIRD COURT.—Tuesday, December 13th, 1859.
PRESENT.—Mr. Ald. LAWRENCS, and ROBERT MALCOLM KERR, ESQ.
For cases tried this day see Surrey cases.
OLD COURT.—Wednesday, December 14th, 1859.
PRESENT—The Right Hon. the LORD MAYOR; MR. BARON WATSON
Before Mr. Baron Watson and the Third Jury.
120. JAMES MOORE (32), was indicted for the wilful murder of Mary Ann Moore. He was also charged on the Coroner's inquisition with the like offence. MESSRS. CLERK and BEASLEY conducted the Prosecution.
MARY TURNER . I am the wife of William Turner, 17, King's-head-court, Long-alley—on 23d November the deceased, Mary Ann Moore, took apartments in my house—she was alone—she came with her husband, the prisoner, the next night, Thursday, 24th November—I knew nothing of them before—they went on very quietly and comfortably indeed, for two or three days—the woman appeared to be at home and very comfortable—I did not see much of her, the time was so short—the prisoner was in and out—on Monday morning, 28th November, T got up at a little before 8 and had just lighted my fire when I heard a great screaming in the first floor front room, which they occupied—I went up, knocked at the door, and tried to open it, but could not—the noise still continued, and I beat violently at the door and said, "You villain, are you going to murder the poor woman?"—I said that several times but got no answer—the screaming continued, and I told them I could not put up with such a noise as that—it was the screaming of a woman—I heard a scuffling and knocking about of the fire-irons as if they were knocking them together—I told them I insisted on their leaving my house, and that day too, as I could not put up with such a noise, and I called to my children to fetch their father or a policeman, and from that time the noise ceased—I called loudly—I then went partly down stairs, and as I came up again I could see under the door where there is a space, and I saw that there was a chair placed against the door—at that time all the noise had ceased—I went up and spoke to him again, and said that I wished him to leave the house—I went down stairs again and all was quiet—I had my breakfast, and between 9 and 10 o'clock I heard the door closed—I did not go into the prisoner's room.
Cross-examined by MR. SLEIGH. Q. I believe, as far as you observed, this wretched man and his wife lived on most affectionate terms? A. As far as I saw.
Prisoner. I had rather this gentleman (Mr. Sleigh) should not have anything to do with it. I do not know whether it is usual for him to be allowed to call a person a "wretched man:" I wish to know why the witness did not fetch or call somebody to her assistance when she heard cries of murder? Witness. Because I did not suppose there was anything serious; our neighbourhood is very low, and we have so often heard screams of murder.
Prisoner. I never was wretched; even in the worst of my days I was always happy.
ELIZA TURNER . I live with my mother, Mrs. Turner, at King's-head—court—on the Monday that Mrs. Moore died I saw the prisoner go out of the house between 9 and 10 o'clock—I did not hear him till he got to the last step, and then I saw him—he came home about 3 o'clock, I think, and let himself in.
WILLIAM TURNER . I live at King's head-court, Long-alley—the prisoner and his wife lived at my house from the 24th to the 28th November—I did not see the prisoner till the 28th—I remember his coming home on Monday afternoon about 3 o'clock—I saw him pass the window and heard him go up stairs—he was just long enough to go up to his room and down again—when he came down he called out to the landlord—I answered him and walked into the front room—he asked me if I was the landlord—I said,
"Yes"—he asked if anybody had been into his room—I told him, "No, not to my knowledge"—I asked my little girl if anybody had been in during her mother's absence, and she said, "No"—he asked me to go up stairs with him—I went up—he went first into the room, went up to what I considered to be a pile of clothes which was lying under the window, turned something over, and discovered to me a corpse, quite naked—I believe he said, "Look at that?"—I said, "Good God, what is that?"—he said, "That is my wife "—there was no head on the body, and I asked him how he knew that it as his wife—he said, "Well, I suppose it is"—I asked him to stay there, and I would send for a policeman—he said, "No; I will go with you"—I asked him a second time to wait, and he answered, "I will go with you"—I then went with him to Worship-street police-court—on our way there he said that this was a plant got up to put him away again—I asked him what he meant by putting him away again—he said, "To tell you the truth, I only came from a lunatic asylum on Wednesday"—when I got to the police-court I saw Mr. Rattigan, one of the officers—I asked him to let me in to a policeman—this was in the lobby of the court—when we got inside I gave the prisoner in charge—he asked me what for, or something to that effect—I then returned to my house with the policeman and the prisoner, but did not go up stairs at that time—at the police-court I observed what I thought was blood on the knees of the prisoner's trousers—I said, "That is blood, in my belief"—the prisoner said, "How dare you say that is blood; I will make you pay for that?"—I had never seen the prisoner before that day—I saw the child in the room when I went in—it was lying close to its mother, or rather sitting on the ground and leaning on a pillow—I did not see the head till I came from Old-street police-station.
Cross-examined. Q. Did he appear to be perfectly calm? A. Yes.
Prisoner. Q. Did I say anything about making you pay for it, or did I say I would teach you better manners? A. You said, "I will make you pay for it."
JEREMIAH RATTIGAN . I am office-keeper at the police-court, Worship-street—I remember the prisoner and Turner coming there on Monday, 28th November, about five minutes to 3 o'clock—I was then in the waiting-room of the court—Turner said in the prisoner's presence that he wanted to see a policeman about something which had happened in his house—I asked him what it was—he said, "A woman's head has been cut off"—I said, "Do you mean murder?"—he said, "Yes"—I inquired who she was, and said to him, "You must know something about it"—the prisoner said, "I left my wife all right this morning about 7 o'clock, when I left home, and when I returned I found her head cut off"—Turner said, "You know what a row you had up stairs this morning before you left"—he made no reply—I then brought them into the court, and called Haynes, a policeman, to me—I noticed that the knees of the prisoner's trousers were stained with blood—they are not her today.
Cross-examined. Q. Was there anything about his appearance when he came to you? A. No; he was calm and collected: calmer than he is now.
Prisoner. It was very dusk at the time I came to the court, and if you discovered this mark of blood, why did you not make some observation then, when the charge was booked? You never said that you saw marks of blood. Witness. I was not at the station-house at all—when I went into the court I said something to Haynes—I caught your trousers like this, and said, "Look here; here are stains of blood on his trousers"—that was at the house where the body lay.
JAMES MCBBIDE . I am chief usher at the Worship-street police-court—on the afternoon of 28th November, a charge was made against the prisoner of having murdered his wife—I went to the house at King's-head-court, and went up stairs to the first floor—the prisoner followed me, and the first thing I saw on opening the door was the body of a woman without a head, partially covered with clothing—the neck was lying close to the skirting-board—I placed my hand on the body, and found it quite warm—this was between 3 and 4 o'clock in the afternoon—I pulled the remaining portion of the clothing partly down, and saw a gash right across the abdomen, about six inches in length—the body was lying quite flat on its back, and perfectly naked—I then observed that three parts of the room had been recently washed, and was quite wet—a little child about two years of age was there, with his head resting on a pillow—Haynes took it up—I removed the pillow, and then I saw the head of the woman lying in a basin, with about a pint of blood in it—the eyes were quite open—there were three large open wounds about an inch in length, on I think, the left side of the skull—the body evidently appeared to have been washed—it was smeary, as if it had been smeared with blood and water—the prisoner was standing by me all the time—he made no observation then, but I took him to the other end of the room, and on looking at his trousers, found marks of dry blood on one knee—I found it to be wet with water, and as if it had been rubbed—it was white—I then took off his coat, and examined his hands and shirt, but saw no blood—Haynes said to him, "Why, you have got a clean shirt on"—he said, "I have not; it is a dirty one"—it was a clean shirt—there was a pail containing blood and water and rags, or some particles of linen; also a basin and a pan—while I was looking at them, the prisoner said, "I hope they will not make it appear that I have done it"—he then said, addressing me, "I wish to speak to you, Sir, and tell you what I know"—I said, "You had better be very cautious what you say to me"—he said, "I wish to tell you"—I then asked him if I should write down what he said—he said, "Yes"—I then took out a bit of paper and a pencil that I had in my pocket, when he stated this—(Reads: "About half-past 7 this morning, I left home, leaving my wife and child in the room, getting breakfast ready. I went out to look after business. Between 2 and 3 this afternoon, I returned home, and knocked at the street door twice; a little girl answered the door; I don't know her name. I came up stairs and looked about, saw things looking very strange. I pulled the clothes off and found a body lying on the floor, as it now is; I immediately went down stairs, and asked who was the landlord; the landlord came up stairs with me. I then showed him the body, and asked him who had been in my room during my absence; I asked him to get a police-constable; I then went with the landlord to the police-court. The body I know to be that of my wife, Mary Anne Moore. I know nothing more about it. On Wednesday last, I left Hoxton-house"—I asked him if he would sign that, and he signed it thus, "James Mo—," and then left off; whether the pencil would not mark any more, I do not know—the attention of the officer was then taken to him; I believe he would have signed it, but Haynes, the officer, at that moment picked up the fire irons, and that prevented him—Haynes and I took the prisoner to the station—I afterwards saw inspector Bricknell take some clothes from a pail.
Cross-examined. Q. While he was telling you this, and showing you the body, he did not appear at all horror-struck by the dreadful sight? A. No; not at all—he was quite firm.
Prisoner. Q. Where was I standing at the time you were searching? where was the pail? A. The pail was on the opposite side of the room to where the body lay—you were standing alongside of the pail—I do not think it likely that any of the blood from the pail could have got on your trousers; you were not near enough—no splash from the flannel could have got on your trousers; you were too far away—the table stood about a yard from the window
JOHN HAYNES (Policeman, G 166). On the afternoon of 28th November last, I accompanied the prisoner, Mr. McBride, and Turner, to Turner's house, and went up into the first floor front room with them—more than half of the floor of the room was wet, as if it had been just washed—I observed a pail and a wash-hand pan there, with blood and water in them—I searched the fire-place, and found a poker broken, and a part of a pair of tongs also broken, which I now produce—there are marks of blood on the tongs—the poker and tongs appear to have been fresh broken—I told the prisoner I should take him into custody—he said, "I hope not; let me be admitted to bail"—I went for another police-constable, and conveyed him to the station—when I got to the station, I examined him in company with Mr. Bricknell—there were stains of blood on the knees of his trousers; one was dry, and the other apparently wet—they had the appearance of having been recently washed, or attempted to be washed off—whilst we were examining him, he said, "I did not do it; it is got up on purpose to pat me away again—I have been tried once for murder and suffered the law."
THOMAS BRICKNELL (Police inspector, G). I was at the police-station when the prisoner came there with Mr. Turner in the first instance—before I went to the house, I observed some blood on the prisoner's trousers, and had them taken off, and supplied him with others; that was at the station—on my returning to the house, I found part of the broken tongs, covered with blood—they appeared to have been recently broken—I found a dirty shirt in the room; there were spots of blood on it, and the right sleeve had been recently washed, and was quite wet—I took some linen from a pail that was in the room; it contained part of a chemise, water and blood—I found the other part of the chemise near the bed—I also found some stays hanging on the right arm of the deceased; they had been cut open; they; were laced at the back, and cut open down the side—there was a dress also in the room; that appeared to have been out open also; that was lying near the body—there was a petticoat out in the same way—I searched, for a knife at that time, but did not find one at first—I afterwards found this razor (produced) in a box in the room—there were spots of blood in the box; it is a black-handled razor; there is blood on it—there were spots of blood on the coat that was taken, from the prisoner, on the collar—the coat was taken off him at the station after I returned from the house—there was a bed in the room, but no bedstead—it was at the further corner of the room on the right-hand side.
Prisoner. Q. I wish to know the reason you did not take all my clothes and thoroughly examine them, and not take a coat, a pair of trousers, away in the middle of the night? A. I examined them. and, saw no marks of blood, consequently I could not take them away.
JOHN BUBBERS MATHER . I am a divisional surgeon of police—on the afternoon of 28th November, I was sent for to a house in King's-head-court, between 4 and 5 o'clock; when I came in the basin with the head was standing on the table; that was the first thing I examined—the eyes were not open at that moment—I found three bruises on the head, there was no fracture of
the scull; I think they were such wounds as might have been inflicted with a blunt instrument, such as a pair of tongs or a poker—I then felt the body of the woman that was lying in the room; it was still warm—I can't say exactly how long the woman had been dead, but I should think about six or eight hours—the head was completely severed from the body—it was a clean cut with a sharp instrument—it was not done with one cut—there were no wounds at the side of the neck—there was a circle round; the integuments were cut all round first—I have no doubt that the body must have been quite still at the time, in order to have been cut as I found it—the blows given on the head must have stunned the woman, and I think the head must have been cut off almost immediately afterwards—I am led to that conclusion by the dilated state of the pupils of the eyes, and coagulation of the blood, and the sheets of the arteries having retracted—there was also a wound on the lower part of the abdomen, and the bowels were, partially protruding—the wound commenced in the left groin, and was carried across the abdomen to the right groin—I do not think that wound would cause immediate death—I think it was done after death; it might ultimately have caused death—I think that death was immediately caused by the severing the arteries—I have seen a razor that has been produced—the head might have been severed with such an instrument as that—there was a small portion of steel found imbedded in the muscles of the neck, and close to the bone—this is it (producing it)—it is a small speculse of steel—there are several small notches in the razor—the bones were not violently severed—the incision was made right through the articulations of the bones—I have seen the trousers that the prisoner had on that morning—there was blood on them—I afterwards saw a poker, and a pair of tongs; one leg of the tongs was besmeared with blood—I was at the police-court on the following day, the 29th—the prisoner said something to me there; that was before the witnesses had been examined, before the case had been introduced to the court at all—he stated that he wished to have a private conversation with me—he hesitated to speak because the inspector was there—I said, "Oh, you may consider the inspector nobody, of course, as he must be here," and then he spoke, and in a very familiar manner he said "I suppose you are quite aware, Sir, of what is going on in my inside; I have had some substance there for a long time, and have been examined by several doctors"—I said, "Does it affect you much now? he said, "No, not just now, but it does sometimes affect my liver a good deal"—he could not think what it was; it was like a ball or a tumour full of wind—he said something else about steam, but I did not catch what it was—I examined him at the station with reference to the state of his mind; I led him as it were, into a conversation—I did not wish him to know that it was an examination; that was on the evening of the 28th—I did not come to any conclusion as to the state of his mind—he was perfectly rational—there was no difference whatever in his manner the next day, the 29th.
Cross-examined. Q. Apparently perfectly rational, you mean, I suppose? A. Apparently, certainly—I know that the most insane persons sometimes have the appearance of perfect sanity, so as almost to deceive medical men—the prisoner told me himself during the conversation, that he had been in a lunatic asylum for some months—a person who has been insane at one time is very liable to a sudden recurrence of insanity, especially if there be any exciting cause—the period of a lucid interval varies in duration from hours to weeks, and months and years—there is no doubt that the notion of a tumour, or something full of wind, was a delusion; but I was not aware
when he told me that, that that had been one of his illusions in the asylum, and therefore I did not think much of the conversation until I heard Dr. Dixon's statement—it is generally stated to be one of the peculiar features of homocidal mania, that the person afflicted with it, commits violence on his nearest and dearest relations.
COURT. Q. Looking at all the facts that you have heard deposed to to-day, and what you have yourself seen, what is your opinion as to the state of his mind? A. I think the only circumstance was the conversation in the cell at the police-court, which would at all induce me to think his mind was not in a right state—his actions and his conversation at other times appeared to be sane—combining that conversation with what I have heard deposed to as to acts done, I should say that his mind was not right.
MR. SLEIGH. Q. Taking everything into consideration, are you of opinion that he was not in a sound state of mind at the time he committed this act? A. Yes; I think I may say so much as that—I ought perhaps to have stated that upon my examination of the body of the deceased I examined the uterus and it was not in an inpregnated state.
Prisoner. Q. Have you seen anything in my behaviour in any way to show that I was not right in my mind? A. I have said that your manner and conversation were rational with that one exception—you did not misconduct yourself in any way, or make use of any bad words—I am not able to tell the Jury what you have undergone, or what is the matter with you—I have not examined you—I do not know what is inside you.
JOHN GROVES . I am an umbrella-maker—I met the prisoner on 28th November last, about half-past 11 in the morning, as near as I can say, in London-wall, opposite the Two Brewers—I dare say that is half a mile, or it might be three-quarters, from King's-head-court—I was coming down London-wall towards Bishopsgate-street, and he was going towards Wood-street—he was walking along quietly—I met him, and asked him how he was; he said he was very well—I asked him about business, what he was going into; he said he was going into the umbrella business—I then asked him if he would accept of a glass of anything, and he said, "If I have anything I will have a little drop of porter;" and we went in and had one pint of porter—I had no further talk with him whilst drinking—we were not a minute drinking the porter—when we came out I said, "Do you intend going into the umbrella business?" he said, "Yes, my brother has got a little money to give me, and then I shall be able to go to work;" and I shook hands and said, "Do the best you can for your wife and family"—that was all that passed—he said he would—I was not with him altogether more than five minutes—he seemed to me to be very comfortable and calm—I observed nothing particular in his manner.
Cross-examined. Q. This was on the very day when this melancholy matter happened? A. Yes.
Prisoner. Q. Did you see any marks of blood on me during the time I was in your company? A. I did not take notice; I did not see any.
FREDERICK MILLER . I am a general dealer—I know the prisoner—on Monday, 28th November, about half-past 1 in the day, I met him at Mr. Fisher's, a public-house—he asked me to take a drop of porter—I did; and he asked me how I was getting on; I told him, "Very bad"—he was in my company about twenty minutes—he spoke to me sensibly enough—I have known him for five or six years.
Prisoner. Q. Did you see any blood on my clothes during the time I was in your company? A. No; I did not take any notice of your clothing at all.
JOHN JEWSON . I deal in old boots and shoes—on Monday, 28th November, about half-past 2 o'clock, I met the prisoner in Devonshire-square, standing on the cellar flap—I said, "Halloa, Jim, how are you?" he said, "I am nicely, how are you? when are you coming among us again?" he said, "As soon as I can get possible"—I was not with him more than a minute—I observed nothing whatever in his manner.
Prisoner. Q. Was I in your company any time drinking with you? A. No; I did say so, but it was false—I was not drinking with you.
FREDERICK BEVERLET DIXON , M.D. I am the medical superintendent of the Hoxton Lunatic Asylum—I went there in August, 1858—it is a private asylum, but it takes in all classes of patients—patients are sent there from the House of Correction by order of the Secretary of State—when I went in August, 1858, the prisoner was an inmate of the asylum—he was discharged from the asylum on 23d November last—I had formed an opinion at that time that he was perfectly sane—when I first came there in August, 1858, he was labouring under mania, with limited delusions—the delusion under which he was suffering at that time was that he had an engine in his inside—he was prone to violence, quarrelsome, and easily excited—he continued in that state until the month of September in this year—he suffered under that illusion up to that time; he then became calmer and better conducted in every way, and wished to work in the factory that we have—after that he used to work in the factory regularly with other patients—he got better up to the month of November, when he was discharged—he became quite sane in every way—his actions appeared to be perfectly under the control of his reason in every way—I used to see his wife; she used to come and see him once or twice a week for many months—his conduct towards his wife was very affectionate, always wishing to be discharged, that he might work for her and the children—I did not observe that the prisoner at the time these illusions were on him was more disposed to violence—I have only seen him since in public.
Cross-examined. Q. With respect to the lucid intervals in insane patients, do they vary in duration? A. They are extremely uncertain, and sometimes they suddenly recur without the slightest premonitory symptoms—I have not formed any opinion of the state of the prisoner's mind at the time this act was committed.
Prisoner. During the time I was in Hoxton-house, in your time, or any time that you saw me, did you see any misconduct with regard to me in any shape, such as fighting, wrangling, or quarrelling, in your presence? A. Yes; I have seen you inclined to quarrel with your attendant once or twice—it did not occur very often in my presence—the attendant I allude to is Birchwell—he did not make many reports against you; they were only verbal ones—for the last two or three months you were quite well behaved—a Mr. Ellis had charge of the asylum before me; he is not here—you had been there seven months before I came—after I came I saw you nearly every day—you asked me for work once or twice before I gave it you—I did not think then you were in a fit state to go into the workshop.
MR. CLERK. Q. Is an attempt on the part of an inmate of a lunatic asylum to prove that he is not insane, a very common accompaniment of insanity? A. Very; they sometimes argue most ingeniously to show that they are not insane.
MR. BARON BRAMWELL after referring to the case of Regina v. Willoughby, see (Sessions paper, vol. 40 p. 1361) suggested that if any witnesses were in attendance who could give evidence as to the real state of the prisoner's mind, they might be
called by the counsel for the crown; he did not intend to lay down that course as a general rule, but in a case of this nature, there could be no objection to such a course.
MR. CLERK then called
JOHN ROWLAND GIBSON . I am surgeon of the gaol of Newgate—the prisoner has been under my observation here from last Tuesday-week—I have taken pains to ascertain the state of his mind—I spent an hour and a quarter with him the first night he was in the gaol, and I have seen him daily since—in my opinion he was not of sound mind when he came into the gaol, nor has he been since—I have had conversation with him about the crime itself—I asked him whether he did not feel much concerned at it—he said no, he felt no concern at all, he believed it was a plan laid to put him again into the lunatic asylum.
Cross-examined. Q. Having heard the evidence given here to day, and from your own conversation with the prisoner, have you formed any opinion as to the state of his mind at the time this deed was committed? A. It is my opinion, certainly, that he was not of sound mind at the time.
Prisoner. Q. Is it a usual practice if a person is sentenced to nine month's imprisonment, to take him away from the prison before half the time is over? A. Persons are not removed from the gaol to any other place unless there is good reason for doing so.
Prisoner's Defence. I have every reason to believe it is a regular plot to make use of me as they have done for the last two years; to throw me into a lunatic asylum again. I cannot see but that I am quite capable of work, and getting my living; but if people choose to follow me, and take my character away, what am I to do? I do not know what my wife has been doing for a living during the last two years, since I have been absent. I can't say who she has been with, or how she has been going on. All that I can state is that three weeks ago, I came out of Hoxton-house, and I was only five days altogether with my wife. I went out and came home again. I gave a correct account of my time, and all this row took place in the house, and everybody was fetched, and I bear all the blame; and I can't give a full and correct account of myself without I am brought in an insane man; whether it is to put me back again to that place, I can't say; or whether my wife has any grievance, or was keeping company with any one. I can't say. We never had any quarrel; we may have had a word, now and then, but nothing to speak of. When I was away, six years ago, my wife was ill used, and torn about, and when I came home she denied having been in any row, until I was told by my neighbours that two women had been and torn and scratched her all about the body, but she was frightened to tell me what had transpired during my absence. I don't see why I was taken to that asylum to be treated as a prisoner and a slave. I should like to know in what I am deficient that I am not in my right mind. I wanted work, that was not given to me, and I complained of my diet; what they gave me did not agree with me, and it was not likely that I should take it. I went on bread and water from two to three months, all to get justice. Why should I have an instrument passed into my inside, to be made a plaything of?
The prisoner continued for some time to repeat similar observations to the Jury.
NOT GUILTY , on the ground of insanity.— Ordered to be detained during Her Majesty's pleasure.
MR. CLERK conducted the Prosecution.
ARTHUR HENNICK . I am a Custom-house officer—William Thomas Edmunds was also a Custom-house officer, and I was with him on board the Castor on 24th November—she is a steamer trading between London and Hamburg—she was lying at Horseleydown—I was putting on board export goods, teas—the vessel had been discharged two hours and a half previous to that, at 4 o'clock, or a little after—the last time that I saw Edmunds moving about on the deck, was from 5 o'clock to ten minutes to 6—he came from the after part of the vessel with some official books in his hand—he was perfectly sober—the next thing I heard was a moaning noise proceeding from the fore hold—some persons went down into the hold and brought Edmunds up the fore hatch in a cattle sling, by the steam crane, and he was laid on the deck—he said he was in great pain, and was taken to the hospital—it is eighteen feet two inches from the deck to where he fell—a light had been taken to the fore hold when I looked down, but there was no light there before that—there was a light twenty-two feet six inches from the spot; not in the rigging, but on the cattle house—it did not even throw a light on the main hatch—there was a light in the main hold which threw its rays upwards against the bulk head, and that made the fore hold more dusk—the light was between decks—the bulk head came flush to the top—there was only the bulk head to separate the main hold from the fore hold—there was no hatch across the fore hold—I have had nearly eighteen years experience in going on board vessels when they have been discharged—when a vessel is discharging cargo at night it is quite usual to put on hatches over the hold; it is, I should say, the invariable practice, if not taking in or discharging cargoes—the exceptions are these; if the combings of the hatch are high, so as to be a guard against danger; some of these steam vessels have combings from eighteen inches to two feet high, but in this case the combings were only three or four inches above the deck—there was a steam crane at work on board the vessel at the time I heard the moaning—the man was taken up with it into the main hold—no cargo had been taken into the vessel when I left at twenty minutes past 12 at night.
Cross-examined by MR. SLEIGH. Q. Are you not in a little error about the time the unloading was completed? A. I think not; the finish of the discharge was between four and live—the reloading sometimes commences before the cargo is out—I do not think the vessel had to leave next day—I do not think she had any regularly appointed time—Edmunds was on the deck when he was on duty—he was on duty at this time—it was his duty to be by the fore hold and the main hold to see the cargo—this (produced) is, as far as it goes, a pretty correct plan of the ship's deck, but there are a great many things left out—it is a correct representation of the main hold and the fore hold and the windlass, but here is a distance marked of three feet one and a half inches from the crane to the hatchway—I think that is not correct—I have measured some parts of the deck, and from the break-handle to the combings of the hatchway; it is not three feet one and a half inches as described here—I make it two feet one; and if you put the man's elbow and arms when pressing on it, you will find there will be hardly any space at all—I did not measure the distance from the side of the vessel to the combings—the steam crane occupies a very large space—I should say it is five feet in circumference—I cannot say the length of the vessel from stem to stern—with the exception of the place where the steam crane is there is nothing between the combings and the side of the vessel at that
particular place—there is a passage on the other side of the vessel, from the companion to the aft—there were a great many people about on this evening taking in rice—there is a hand crane on this side of the deck, a permanent structure—it is opposite the steam crane—with the exception of the steam crane on one side, and the hand crane on the other, there is, I believe, no permanent structure on the deck—there was a gangway from one end to the other—I have not measured the height of the combings, but it does not exceed four and half inches—I will swear it does not exceed eight inches—I will not swear whether or not there were ring-bolts along the deck by the side of the combings—I believe the vessel arrived on Sunday, and this was Thursday—there were lighters at the side of the vessel with cargo for the ship; I cannot say the number.
MR. CLERK. Q. How long does it take to put on and remove the hatches? A. Not half a minute putting on and off—the steam crane is on the larboard side—I made a drawing at the time, but not a very perfect one—there is not room, when the steam crane is at work, for a person to pass along the ordinary gangway between the hatchway and the bulwarks, without great inconvenience—it is a traversing crane; it swings out and in with the cargo.
JAMES HANBY . I am a custom-house officer—I was on board this Teasel on 24th November—the captain went on shore about half-past-three or four o'clock and came back at very nearly seven—I can swear there was nothing in the fore hold after four o'clock; I looked in—they began to load cargo in at half-past 2 the following morning, and I took an account of the goods that were put in—I recollect the deceased going to the water closet forwards, about six o'clock—he spoke to me as he went—the steam crane was not in motion then though the steam was up—they were just going to commence loading some goods—we commenced working almost immediately he passed me—I afterwards saw him in the hold and assisted in getting him out—I did not see him fall—after he had been removed in a boat to the hospital I called to the prisoner and said "Will you have those hatches put on?" he said "No I will not"—I said "Why?" he said "Because we are going to work there"—I said "When you begin you will have sufficient time to do that"—I have no control over them, but I said that for the sake of humanity—when he said "No, "I said "Will you put a light there?"—he did not put a light for an hour afterwards, when there was a dim light hung in the foremast.
JURY. Q. Was the deceased obliged to pass close to the combings? A. Yes—he being a man accustomed to this sort of work was perfectly acquainted with the nature of the deck.
COURT. Q. Any man with eyes would see it? A. No; I nearly fell into the same hole myself, and only saved myself by catching hold of a line.
MR. CLERK. Q. Was there any light near the deck? A. No—I could put on the hatches, with the assistance of another man, in a minute and a half—Edmunds was perfectly sober when I saw him going forwards—I have been acting custom-house officer in discharging cargoes twelve months—it is usual to cover over the hatches at night, or to place lights.
Cross-examined. Q. How did the men see to work? they had light enough? A. They had light in the hold they were at work in—the men on deck had light enough to see into the hold they were at work in, but this hold is before the other—I am a brother officer of the deceased, and of the last witness also—the water closet is on the larboard side—he could not have come on the other side, because he had to avoid the steam-crane—he did not fall into the hold on the same side as the steam-crane—I cannot swear whether the hand-crane was at work or not, because it was so dark
that I could not even see the steam-crane—he could not take the port side, because the steam-crane was at work—he came the other side to avoid it—there was not ample room for three or four men to walk abreast between the hand-crane and the combings; not for one—whether there was room to go between the combing and the crane would depend upon which way the crane was swung—I cannot say whether there is room for two or three men abreast when the crane is not at work—during the progress of loading and unloading I have never seen the hatches stowed away—to get them away they are laid on the deck close to the hatchway—I do not know whether they would be in the way of people who are walking up and down—I never saw any hatches moved to another part of the deck—there is no rule not to go across the hatches when they are on; I never heard of it—it was so dark this night that you could not see whether the hatches were on or not—I have walked across the hatches ordinarily—the deceased could not have gone any other way—the cargo was not loaded until half-past 2 next morning, I do not know whether it was on board the lighters next to the vessel at the time the accident occurred—it was not my duty to go and see what lightens were alongside—Mr. Wilkins is the tide surveyor, having the supervision of myself and my brother officers—he did not say that he would go and inspect the hold, and request that no cargo should be put in until he had inspected it—I heard nothing of the kind.
MR. CLERK. Q. Is the water closet on the larboard side? A. Yes; the same side as the steam-crane—supposing he came back on the same side, when he came to the steam-crane, if he had gone across the hatchway he would have fallen down in going from the larboard side to the starboard—the larboard side was blocked up by the hatchway being at work.
RICHARD HYATT FRANCIS . I am in the employment of the Customs—I was on board the Castor on 24th November—they began to load the fore hatch about half-past 2 the following morning—they had left off discharging the fore hold somewhere about from 4 to half-past 4—I did not see the deceased go forward to the water closet—I was not on board at the time—when they are not loading or unloading from the hold, it is usual to put the hatches on; or if not, to place lights on to keep from danger.
Cross-examined. Q. When they are about to load is it not necessary, for the proper distribution of the cargo, to leave both hatches off? A. If they are going to work in them—the prisoner I believe is a foreigner—I did not measure the height of the combings—my duty was on deck.
JURY. Q. Don't you enter your duties in some book? A. Yes; I must have light, of course, to do that—there was a bit of a light about 22 feet the hatchway.
JAMES MODE . I am a lighterman—I was on board the Castor when they found out this accident—I assisted in lifting the deceased up from the hold—I had 500 bags of rice there to load into the vessel—they began to load the fore main hold about half-past 6—I don't think there was anything put down in the fore hold at the time I was there—it is usual to keep the hatches on when they are not loading into the hold, or to put a light on—I was very nearly falling down this same hold—the only light I saw was under the larboard deck, and that was about as much as a three-farthing rushlight—it was not sufficient to show whether the hatches were on or off—when I came back from the hospital after taking the deceased there, I asked the prisoner why he did not put the hatches on then—he made no reply—he did not put them on.
Cross-examined. Q. Had you been on deck during the whole afternoon
and evening? A. No; I had been under the bows—I had got my cargo alongside—it was to have been loaded that very evening—I am not aware that that was not done in consequence of Mr. Wilkins, the superior, officer stating that he would come on board—I saw Mr. Wilkins there about two hours after the accident—there were only two other lighters at the same side of of the vessel that I was, but on the other side' there were 15 or 16, containing different goods for the vessel—it was after the accident to the deceased that I was nearly falling down the hold—it was a greasy night; the decks were very slippery—it is a rule among persons on the decks of vessels not to cross the hatches if they know that they are off, but it is optional on your own part whether you think proper to do so or not—a man might take that route, instead of going round the combings, to make a short cut of it—I know the vessel; I have occasionally gone on board her—(looking at a plan) I think this is right—I think one crane works into the fore main hold, and another crane works into the bows—I don't think there is sufficient room for a man to pass with safety between the combings and the crane.
WILLIAM JAMES MACHONOOHIE . I am a custom-house officer—I was on board a ship loading near the. Castor that night—I heard one of the witnesses crying out for a sculler and went on board—there was no light at that time that would throw a light on the fore hold—there was a very faint light under the bridge—there are block-houses amidships—a person could not see by that light whether the hatches were on or off—I have had 18 months experience of the loading and unloading of cargo—it is usual, if you are not going to work, to keep the hatches on—I can't say when I went on board whether these hatches were on or not.
ARTHUR RENNICK (re-examined). I don't exactly know at what time they began to load into the main hold—it was earlier than 6 o'clock—I went on board about 6 and there was a quantity of goods then in the hold—I can't exactly say how many men there were on deck at work, but altogether I should think between 15 and 20—the prisoner was the person loading the fore hold.
JOHN CARROLL . I run a custom-house officer—I was on board the Castor on 24th November—I went on board about 11 in the morning and remained till nearly 4; during this time I did not see any package taken out of the fore hold, but a good deal of cargo was taken out of the main hold—when I left at 4 o'clock I believe the fore hold was empty—from my experience in the service for the last twenty years the practice is to keep the hatches on when they are not loading, or to have a light to show round the deck—it does not take a minute to put on or take off the hatches—there were three cranes in the fore part of the vessel, two on one side and one amidships—the chief officer generally superintends the loading of the main hold—the prisoner did so in this case.
Cross-examined. Q. You mean he was on deck at that time? A. When I left the vessel just before 4—I don't know whether there is a second mate belonging to the vessel—it is necessary to have both hatches off if they are putting cargo down.
MR. CLERK. Q. Is it necessary if they are not loading for some hours? A. No; it is usual to keep the hatches on.
HENRY RUSSELL SYMONDS RYDSDALE . I am assistant to Mr. Cock, a surgeon at Guy's Hospital—the deceased was brought there on the morning of 24th November—he died on the morning of 26th of a fracture of the spine—a post mortem examination was made, and that was ascertained to be the cause of death—that would be occasioned by a fall from some height.
MR. SLEIGH submitted that there was no case to go to the Jury according to the ruling of the Lord Chief Baron in the case of Reg. v. Hughes; there was no evidence that the prisoner had omitted to perform any duty, or that the death of the deceased arose from that omission. MR. BARON WATSON would not withdraw the case from the Jury; it was a question of evidence for them to dispose of.
The prisoner received a good character.
NOT GUILTY .
NEW COURT.—Wednesday, December 14th, 1859.
PRESENT—MR. RECORDER, and Mr. Ald. Lawrence.
Before Mr. Recorder and the Fifth Jury.
MR. COLE conducted the Prosecution.
JOHN HUMPHREYS . I am clerk to the Commissioners of Land and Assessed Property, and Income Taxes for the Tower division—the defendant was appointed assessor by a precept delivered to him, and he acted as assessor of that division—in the ordinary course forms are sent to persons in trade to make a return of their profits—these forms ought to be returned to the assessor for the district—I have the original assessment of this district from April, 1858, it is signed by the commissioners—on this original assessment being signed, a duplicate is made out—this original assessment is signed by two general and two additional commissioners—I know the hand-writing—a duplicate of it was made out; I produce it—this was delivered to Jay, and I received this document from him—this is the appointment and warrant, and would be his authority to collect the different amounts charged against those persons—it is signed by two of the commissioners for general purposes—on the defendant receiving this it would be his duty to collect the sums mentioned in this assessment—(The warrant was here ready)—on the defendant receiving this it would be his duty to send a notice to the persons of the amount at which they are assessed, and to call at the houses, collect the money, sign a receipt, and give it to the person paying the taxes—I got this duplicate from the defendant—I called at his house in Pearson-street, Kingsland-road—I saw him and told him I had come by direction of my Board to take away the duplicate, and that he was suspended—he gave me the duplicate, and schedules A and B for the land and assessed taxes for the year 1858 and 1859, and stated that he had destroyed the others; and he said it was a bad job—I told him he was suspended on account of some irregularity in his accounts, and having received money that was not in the assessment—he was ill, and he directed his wife to go into another room and fetch them—he said it was a bad job and that it was through Mr. Levine—Mr. Levine was the crown surveyor of the district—I don't know what has become of him: as far as I know he has absconded—the duplicates which the prisoner said he had destroyed ought not to have been destroyed certainly—they ought to have been brought into the commissioners' office—commissioners are appointed who are called commissioners for general purposes; and they appoint assistant commissioners—the assessment is made and signed by the assistant commissioners and the general commisoners, and then it comes into the hands of the persons who collect—in this duplicate here is the name of Mr. Rose, of Holy well-street, grocer—the amount due from him under schedule D, is 10l. 8s. 4d., from April 1858 to April 1859—
the defendant would not have to collect a larger sum than this mentioned—here is no assessment of Mr. Stevenson—there is no duty payable by him—this duty payable by Mr. Rose is on 500l., 10l. 8s. 4d—there is the name of James Hill, of Holy well-street, tobacconist; due from him 15l. 12s. 6d.; that is on 750l.—there is the name of White Brothers, of Holy well-street, tobacconists, 20l. 16s. 8d.; that would be the duty on 1000l.—the instruction is to collect these sums half-yearly—Mr. Rose's would be collected in two sums of 5l. 4s. 2d. each.
Cross-examined by MR. SERJEANT PARRY. Q. Do you know that the defendant has been twenty years collector of the land and assessed taxes? A. Yes; and of the income tax since 1842—with regard to the land and assessed taxes, I know of no complaint against him—Mr. Levine was the person appointed by the Board of Inland Revenue as surveyor of the districts; he had authority to overlook and supervise the collectors in reference to these taxes, including, of course, the income tax—the course of making an assessment is that parties liable to be assessed are to be returned, and for that purpose papers are sent out—I believe Mr. Levine to be out of the way—I don't know whether there are any proceedings depending against him, I have no means of knowing—Mr. Bunn was a collector of the adjoining district of the parish—he was suspended at the same time that the defendant was—I don't know whether there are any proceedings against him—Mr. Garnett, the Inspector General, is here.
Q. Supposing any alteration takes place as regards the duties of the collector, besides this duplicate, does he receive instructions to collect from Mr. Levine? A. Certainly not; as far as my knowledge goes, he ought not—Mr. Levine was in the habit of attending at our office before the commissioners constantly—it was part of his duty—he had not the power of suspending a collector; certainly not—the practice was for the assessor to deliver a schedule wherein the person makes his return, and the assessor ought to bring it into the commissioner's office, but it is the surveyor's duty to see that it is returned—when all the returns are got in, they are in my custody, but they are never all returned—if he does make returns they are finally in my care—these duplicates are made in my office and sent out to the collectors—I may deliver one if the collector calls, but as a general rule I do not deliver them—additional duplicates are issued in cases where the parties liable to be assessed have been omitted altogether—I have not known instances where the amount ordered to be collected has been less than the amount that ought to have been—I am not down in this duplicate as liable to pay—I am not in that district.
MR. COLE. Q. You say when additional duplicates are made it is when persons have been omitted altogether; has there been, in point of fact, this year any additional duplicate? A. I think there was one that I received—this is it (looking at it)—it was the only, one made this year, and it is nothing whatever relating to this case.
SERJEANT PARRY. Q. How many collectors were there? A. From recollection, I should say ten or a dozen—the only one in Holywell was the defendant—Dunn was in the adjoining district.
JOSEPH STEVENSON . I am clerk to Mr. John Rose, a grocer in Shoreditch—on 5th January, 1859, the defendant applied for the income tax—he produced this receipt to me (looking at it) and I paid him 15l. 12s. 6d. for income tax, and other monies—he gave me this receipt signed by him—I gave him this cheque for 22l. 4s. 8d. including income tax and other taxes—I saw the defendant again on 5th July—he then applied for income tax—he gave me
this receipt (produced)—I gave him a cheque for 22l. 4s. 8d., for the income tax 15l. 12s. 6d. and other taxes—I was induced to pay these, as I had authority to pay all taxes—I believe this to be for the income tax and other taxes—the defendant had been collector seventeen years to my knowledge—I supposed he was authorised to collect them—I would not have paid him if he had not made application to me as such—I would not have paid him if I had not believed him to be authorised to collect it—I am a salaried clerk—the defendant made application to me on my own account for 3l. 2s. 6d. for one year's income tax, due from me personally—I paid him the money and he gave me this receipt (produced), it is for four quarters income tax due March, 1859—I would not have paid that if I had not believed him authorised to collect it.
Cross-examined. Q. Is Mr. Rose here? A. No—I made a return for myself, not for Mr. Rose—I know of Rose making a return—I have seen him—when Mr. Jay came, I don't remember that I said anything to him—I cannot remember now that he said anything to me—I cannot say what he did or said—he generally calls some time before and leaves a paper—I have his receipt for the amount—when this cheque was handed to him he gave me the receipt—I think there were seven receipts in all—I cannot undertake to say positively that he gave me the receipt before I handed him the cheque—I have no doubt that they are both laid on the table—I made the amount from a paper that had been previously left—I have not that paper—I cannot undertake to say that he handed me the receipt before I handed the cheque—I cannot say whether he handed the receipt before or after the cheque was given.
MR. COLE. Q. How did you get the amount so as to make the cheque? A. Either from the previous paper or what he gave me at the time—in my own case I am not positive whether he mentioned the amount or not.
THOMAS HENRY WHITE . I belong to the firm of White Brothers, tobacconists—this receipt (looking at it) is the prisoner's writing—I have no particular recollection of his applying to me for the income tax in December, 1858—I paid him partly by cheque, and partly by money—the cheque is 26l. 16s. 3d., and in cash 3l. 7s. 11d., making 30l. 4s. 2d.—I paid other taxes at the same time which came to 13l. more than the cheque—the cheque was for 26l. 16s. 3d.—here is an entry in this book; it is not my writing—this book we add up every night—I paid him this cheque which I have before me and 13l. in money, which included the income tax and other taxes—I believed he came for the taxes; I paid him as an authorized collector.
Cross-examined. Q. Are you quite sure that you paid this money? A. Yes; because the cheque is my writing for 26l. 16s. 3d—I have not any distinct recollection that I handed money to the defendant at that time without looking at the book—I have no recollection of having given this cheque to the prisoner—it is twelve months ago—it might have been delivered by my brother or some other person—I have no positive recollection of ever having handed any money to the defendant—all I know is it was handed to him and he had it—I cannot swear who did it—I do not recollect whether he gave me this receipt, or any one else—I made the return.
MR. COLE. Q. Is this cheque your writing? A. Yes—I have no doubt that I signed it and handed it to the defendant.
JOHN WHITE . I am a partner with my brother—I do not particularly remember receiving this demand paper—I have the receipt for 30l. 4s. 2d. signed by the prisoner (produced)—I expect it was paid by me—I or my
brother always pay the money—it was paid in money—I expect I paid it, because the entry is in my writing in the book, 39l. 6s. 3d.—I paid the defendant other money—the income-tax was 30l. 4s. 2d., and the other taxes were 9l. 2s. 1d., amounting to 39l. 6s. 3d—the date is 14th May, 1859—the receipt for the income tax is for two quarters due in March, 1859—I would not have paid that to the defendant unless I had believed he was authorised to collect that sum; of course not because he had collected so many times before.
Cross-examined. Q. Is the entry in the book your writing? A. Yes—I have no recollection of this transaction independently of this book—I cannot tell whether I paid the money before the receipt was given; I believe both the transactions took place at the same time—I have no recollection of paying this money; it may be that my partner paid it and asked me to enter it.
MR. COLE. Q. Had you seen this demand notice before the money was paid? A. That I cannot undertake to say; I think it most likely—I know Mr. Jay's writing—I cannot tell whether the figures on this notice-paper are his writing; it was made out before it was left.
COURT to JOHN WHITE. Q. Do you know whether you saw this paper before the defendant was paid? A. I have no recollection.
GEORGE FOSTER . I am clerk to Mr. Hill, a tobacconist in Shoreditch—on 15th June last I saw the defendant—I paid him this income tax by a cheque for 29l. 16s. 8d. on behalf of Mr. James Hill—it was for the whole year—the cheque includes other taxes collected at the same time—I would not have paid that unless I had believed he was authorised to collect it—I have known him a number of years.
Cross-examined. Q. Have you a distinct recollection of paying it? A. I filled up the cheque and it was signed by Mr. Hill—no conversation passed at the time—the last time I saw Mr. Jay I gave him a cheque, and this is it—Mr. Hill made the return; he is not here.
STEPHEN THORNTON (Police-inspector). I took the prisoner on 5th November at his house in Pearson-street, Kingsland-road—I told him I was a police-officer, and apprehended him on a charge of having received several sums of money in the district of Holywell and Moorfields—he said, "I have been dragged into it, as well as others, by Levine"—he said that Levine had suggested this plan to him, and since he had entered into it he had had no rest night nor day—he said he should speak the truth and make a clean breast of it.
COURT to JOHN HUMPHREY. Q. Have you searched in your office for the returns of Holywell and Moorfields, and found any from those places? A. Not one.
MR. SERJEANT PARRY. Q. The returns, as I understand, are communicated to your office? A. Yes; and if no return is made there is an additional duplicate delivered.
THE COURT considered there must be some evidence that the sum was one which in some way the prisoner had demanded, and that the case was not made out.
NOT GUILTY .
NOT GUILTY .
THIRD COURT. Wednesday, December, 14th 1859
PRESENT—Mr. Ald. CONDERE, and ROBERT MALCOLM KERB, Esq.
Before Robert Malcolm Kerry Esq. and the Sixth Jury.
MR. ORRIDGE conducted the Prosecution.
ELLEN MADIGAN. I am the wife of James Madigan, of 9, Bull's-gardens, Chelsea—my brother, Patrick Lanagan, lived in my house—he was a soldier just returned from abroad—he came at 12 o'clock on the Saturday night before the Sunday on which he was killed—the following Sunday evening he went out of my house between 10 and 11 o'clock—in five minute, he was brought back insensible by two people—he remained insensible till the next day, and then he died—he only spoke two words when he was brought in—he said, "My head, my poor head"—that was all he said.
Cross-examined by MR. PEARCE. Q. What number is your house in Bull's-gardens? A. No. 9—that is near Caroline-place—I know that the prisoner's father lives at 20 in the same row—I have known the prisoner a long time—his father was a gas-fitter, and he too, I suppose—I knew that on the Sunday night, his father was dangerously ill—I know nothing about the prisoner sitting up with his father on the Saturday night—I did not go to the prisoner's father after Lanagan was brought in; my husband went to him—Patrick Lanagan came to my house on the Saturday night at 12 o'clock and slept there—there were a few friends in my house on the Sunday—we were not drinking freely: there was a little beer—there was no rum, but he had a drop of rum for his tea—he was sober—I cannot tell what he went out for—he left the house without his hat.
WILLIAM PEAKMAN I live at 11, Bull's-gardens, Chelsea, and am a coke and coal dealer—I know the prisoner—I was at home on the Sunday evening when this happened, about half-past 10—my house is next door to that of the last witness—I heard a cry of "Murder! Police!" and as I opened my door, I saw Patrick Lanagan, the deceased, and Collins, just passing—when I got to my gate they had passed me about ten yards—I stood at my gate; I did not move—when they were about twelve yards off they had apparently got hold of each other—I cannot say whether Collins had hold of the deceased or the deceased hold of Collins; they were both together—Collins suddenly snatched himself away from Lanagan—Lanagan turned round directly, saying, "You are not a going? you are not a going?" I could not tell whether the man had got hold of him, but all in a moment the deceased fell—I could not see whether he was struck—it was a very dark night—there was a struggle, and he fell—I did not move from my gate—the prisoner came past and spoke something; I did not understand what he said, but I knew his voice—he then went away.
Cross-examined. Q. Was he going towards his father's house when he passed the first time? A. He was coming from it; going towards Caroline-place—I saw a woman there very drunk—the prisoner was not leading her, for I saw her on in front of him—I did not see the prisoner pick her up—this was about half-past 10—my house is No. 11, and it is the eleventh house from Caroline-place—I knew this woman by sight; she is a very drunken woman—I have seen her like that frequently—I believe she lives in Caroline-place—that is all I know of her—I have known the prisoner this fifteen or sixteen years, as a neighbour—I never heard anything against
him in my life—I am only friendly with his father as neighbours—knew on this Sunday that his lather had been ill for a long time, and has since died—I heard two or three times before that he was dead—I did not go to Collins's house that night—I did not go away from my own gate—I cannot say whether the two, after they had passed my gate, had hold of each other—after they turned off the pavement, against the fence, they got in the dark directly—I saw the woman just in front of the two. men—I saw her fell down just before them—I did not see either of the men holding her—I simply saw her fall down—I did not see anyone picking her up—I do not recollect at all what the prisoner said when he passed me the second time—I knew his voice—I believe he was sober—he did not say, "There is a sad illustration of a drunken woman"—I cannot say what he did say.
JURY. Q. Was he speaking to you, or uttering an exclamation as he passed? A. He did not speak to me; he merely spoke as he passed—I did not exchange a word with him.
MARGARET MADIGAN . I am the wife of Patrick Madigan, of 10, Bull's-gardens—on this Sunday night, a little past 10 o'clock, my husband went to bed, and I stopped up—I was not well—heard the cries of "Police" "Murder" several times over—I went out of my house—I walked down to the gate and stood there, and I saw the two men and a woman passing by—the prisoner was one of the men, and the deceased was the other, and the woman—the three had hold of each other—they went a' little way, and the woman fell down—the deceased still had hold of the prisoner, pulling him along, and the deceased was shouting "Police" and "Murder"—the prisoner seemed as if he were trying to get away, but could not—he struck the deceased, who fell down—I think he struck him high on his person, but I cannot tell exactly where—it gathered a crowd of people—I saw them coming to take him up—I could see that he was insensible.
Cross-examined. Q. Did you know that woman? A. Yes; I have only known her a short time—I cannot say that I knew she was addicted to drink—I know that she lived in Caroline-place—I live next door to Mr. Peckman's—he was not at the gate quite as soon as I was—I cannot say how far the three had gone past Mr. Peckman's house towards Carolino-place—they had not got to the corner—I do not think they had quite got to the second door past me—the deceased was nearest to the houses—they were backwards and forwards, pulling each other—the woman was between the two men—they were off the pavement, a little way from the kerb, when the prisoner struck the deceased—when there the prisoner did not strike at the deceased past the woman, because the woman had fallen down a minute or two before he struck the blow—I cannot tell where the deceased was hit—I am quite sure the prisoner struck him; I saw him lift his hand; I do not know which hand—it was not a very dark night because there was the light of the lamp in the garden two houses down from me—I have lived there, in and out, for five years—I did not know the deceased soldier—I knew the prisoner—I know his father and his brothers and sisters lived at No. 20-during the time I have lived there, I never heard anything against the prisoner's character—I was at home that Sunday—I was in bad health—I live next door to Mrs. Ellen Madigan; that is the house where the deceased soldier was that day—I did not hear any disturbance there that day—there was nothing that attracted my attention—I did not hear any noise—in the evening I heard a boy singing a song.
COURT. Q. I suppose your sister-in-law and they, are Catholics? A. Yes; I do not know whether they had been at chapel that day—I did not
see any beer jugs being carried out and in, because I had not been out—I did not go into that house at all that day—my husband did not go there, nor any out of my house.
JOAN LANAGAN . I live at 8, Bull's Gardens, Chelsea—the deceased man was my uncle—I remember Sunday evening, 20th November—between 10 o'clock and half-past I heard the cry of "Police, police, murder"—I went to the door—I did not see anything when I opened the door—when I came to the gate I saw Jeremiah Collins lift his hand and hit my uncle—my uncle fell down sideways, and his head came against the corner of the kerb stone—the prisoner walked away then—I put my hands under his head and lifted him up, and felt his head and face to feel if there was any blood or cut—I did not find any—I did not know at the time that it was my uncle till I felt the moustachios, and then I said to a man that came up, "Dick, it's my uncle"—my uncle did not say anything at that time—he was insensible—we took him in—I stopped with him till 12 o'clock—the only words he said were, "Oh, my head; oh, my poor head"—I did not see him again till the Monday night—he was dead then.
Cross-examined. Q. Did you hear a word spoken by either the prisoner or your uncle? A. I only heard "Police, police, murder"—ray uncle cried that out—somebody said to me "Jack, that is your uncle"—I did not know it was my uncle till I felt his moustachios—I did not see a woman until all the people were gathered round—I did not see a woman when I came out of No. 8—I saw the prisoner and my uncle when I got to the gate—they were about 4 yards from where I stood, going towards where the prisoner lived, not towards Caroline-place—it was about 4 yards from the gate of No. 8 where I saw the blow struck—I cannot tell whether it was the face or head that was struck, or which hand the blow was struck with—Lanagan had not got hold of the prisoner when I saw them—the prisoner was going back from the deceased—when I came out of the gate I should say they were in reach of each other's hand—the woman was behind them—it was dark, but there was a lamp alight—the lamp is about 16 or 18 yards from No. 8, as near as I can say—I had my dinner with my uncle that day at No. 9, and spent part of the afternoon with him, and then went to No. 8, where I lived—there were not very many people in his house; only a few friends that came to see him—I cannot tell how many—my uncle had not a hat on when I picked him up—the prisoner had a cap on—I am sure of that—I do not know what sort of a cap.
JURY. Q. Had your uncle his soldier's coat on that night? A. No.
MR. ORRIDGE. Q. Was your uncle sober? A. He must be sober because there was not much drink there—they were having their tea, and a few friends came to see him—he had not been drinking any beer when I was there—I was not at tea with him—I did not see any beer or any rum—I had been at home after 4 o'clock, all the time—my uncle was in No. 9—I was in No. 8 nearly from 4 o'clock to the time of this happening—I never heard a word of disturbance—if there had been any drunken row I should certainly have heard it.
SAMUUEL WALTER FAXEN . I am a Member of the College of Surgeons, and live at Norfolk-place, Marlborough-road, Chelsea—on Monday morning, 21st November, between 8 and 9 o'clock, I saw the deceased—he was lying on his back in bed, at No. 9, Bull's Gardens—he was insensible and suffering from compression of the brain—he died—I do not know at what time—I made a post mortem examination 24 hours afterwards—there were no marks of external violence—there was a swelling on the back part of the neck,
more on the left side, with discolouration—there was no mark of violence on the head—I could detect nothing externally—afterwards, upon examination, I discovered a large clot of blood between the muscles, and upon washing that away I discovered a fracture of the skull, more on the left side, with rupture of the arteries, which ramify internally—the cause of death was compression of the brain—that resulted from the fracture, which was the primary cause of death—such an injury might have been caused by some direct violence—it could not have resulted from a blow from the fist—the blow knocking the man down on the kerb stone, might account for the fracture—I am of opinion that the fracture arose from an external blow—he would become insensible immediately from such a blow—the extravasation of blood would so have crippled the brain that he would not have power over it.
Cross-examined. Q. Do I understand you to say that from the appearance of the skull the fracture, in your judgment, was caused by a blow of the fist? A. No; it was caused by a collision with some other substance—a blow from the prisoner would not be likely to produce such a circumstance—I attended the inquest—the verdict was "Death by misadventure."
JURY Q. Did the swelling in the back of the throat appear to be from a very violent blow? A. That was from the pouring out of the blood from the tissues of the muscles—that was one of the results of the fracture; not the immediate effect of the blow.
MR. ORRIDGE. Q. Would the fracture of the skull arise from a man being knocked down on the kerb? A. Yes; or by falling on it—the fracture that he received when he was knocked down, was the cause of death—two small arteries in the skull were torn.
The prisoner's statement before the Magistrate was here read as follows—"I went to see my father on Sunday evening. He was very dangerously ill at 20, Bull's-gardens. A little after 10 I had occasion to go to the water-closet which is in the front garden; after I came out I heard a moaning noise and I went outside the gate. When I got out I saw a woman lying on the ground, with her face on the ground, very drunk; I lifted her up and asked her where she lived; she told me Caroline-place. I led her a few steps, and let her go; I stood; she went about twenty yards, staggering along, and fell down again; I lifted her up and led her five or six yards; she said she was all right. She went along; I stood and watched her till she got to the corner of Caroline-place, Bulls-gardens; she fell down then in the middle of the road; I picked her up again, and was carrying her to the footway to inquire of the neighbours; with that this man (the deceased) came up and struck me on the side of the head. He had not spoken to me nor I to him, and I had never seen him before. He asked me what I was doing with that woman. He was about to strike me again, when I put up my hand to save myself; he still kept hold of my arm, and shouting out, "Police! police!" I wished him to leave go of me; I told him to leave go. He would not, and I gave my arm a wrench round to get away from him, and down he fell, and I went away back to my father's house. I stopped with my father all night, and I delivered myself up on the Tuesday."
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Month.
PLEADED GUILTY .— Confined Nine Months on the first indictment, and Nine Months more on the second.
Before Mr. Recorder.
127. ROBERT HASTINGS (20) , Stealing, whilst employed in the Post-office, 2 post letters containing money, the property of Her Majesty's Post Master General; also for a like offence; to both of which he
PLEADED GUILTY .— Four Years' Penal Servitude.
Before Robert Malcolm Kerr Esq.
MESSRS. CLARK and POLAND conducted the Prosecution.
ELIZABETH KIDDER . I live with my aunt, Charlotte Rowler, who keeps an eating-house at 4, Belvidere-road, Lambeth—on Thursday, 1st December, about twenty minutes or half-past 4 o'clock in the afternoon, the prisoner came to our shop and asked for a pennyworth of pudding—I served him—while I was serving him another man came into the shop, spoke to the prisoner, and said, "Halloa, mate, where have you been to?"—the prisoner said, "I don't know, about; I am now going home to bed"—I served the prisoner with the pudding—he gave me a shilling in payment—I gave him a sixpence, and 5d. in copper, in change, and he left the shop—I laid the shilling that I had received, on the counter—when the prisoner went out the other man remained in—he asked for some pudding also—I served him—he gave me a shilling in payment—I saw that it was a bad one—I bent it in the detector, and gave it back to him—he gave me a penny in payment for his pudding, and then left the shop—before the second man left the shop I took the shilling that the prisoner had given to me, off the counter, and on examining it I found that it was bad—the second man when he left, went in an opposite direction to that which the prisoner had taken—I came outside the shop, and looked after the prisoner—when I got to the shop door, I could see nothing of him—shortly afterwards I heard a whistling in the street—I then saw the prisoner—he was coming towards me so as to go the way that the other man had gone—the other man was in sight then—when I saw the prisoner going after him, I went up to the prisoner and laid hold of him—I said, "You have given me a bad shilling"—he said he had not; that he had never seen me before—I said, "You have, and not five minutes since"—he said that he was going after his mate—I said, "Yes, I know you and
your mate also gave me a bad shilling"—I said, "If you do not come in and give me a good shilling for the bad one I shall give you in charge"—he came in and gave me a good shilling—the other man was then a very little distance off; I cannot say how far—the prisoner said that rather than have any bother he would give me a good shilling, but that he had never been there before—I gave him back the bad shilling that I had received from him—when I did that he put his left hand close to his side, and from it dropped a paper—when he dropped it, he moved his head about as if looking for something—when he left I picked up the paper and examined it, and found that it contained four bad shillings—I crossed the road and gave the paper and the four shillings to a police-constable—I gave information to the constable, who shortly afterwards brought the prisoner back in custody—the prisoner said he was innocent, and had never been in the shop until I fetched him in—he asked me to let him go—I declined to do so, and the policeman took him to the station.
Prisoner. On Wednesday, you said you did not know whether it fell out of my hand or out of my clothes. Witness. I was not positive whether you had put it in your pocket, or whether it fell from your fingers; but it fell from your side.
MR. CLERK. Q. Was there anybody else in the shop at the time you saw this drop? A. Yes, our servant girl was quite close to me at the time—I was standing quite close to the prisoner, holding my hand out for the good shilling—there was nothing between us—I saw the parcel fall, but it made very little noise—the prisoner was tipsy; but not so tipsy as not to know what he was about—he did not appear to be very tipsy when he came in the first time—he did not speak to his mate as if he were stupid, or as if he had been drinking—the other man was sober.
GEORGE BELCHER . I am a carman at Cornwall-road, Lambeth—on 1st December I was in a parlour behind Miss Kidder's shop, with the door open—I saw the prisoner served with some pudding; the other man came in before the prisoner was served—I saw Miss Kidder bring the prisoner back into the shop—he said, "I have not been in the shop at all, you must have been mistaken, but rather than I would be detained from where I was going I will give you a shilling out of my pocket, than have an accusation against me," or something to that effect—he gave her a good shilling, and took the bad one—I was close to Miss Kidder when she picked up a small parcel containing four shillings—the prisoner had then scarcely got out at the door—it was close by where he had been standing—he was brought in directly afterwards by a constable—I looked at the money and said, "What have you done with the other shilling"—he said, "I have thrown it away."
Prisoner. I said that if the shilling was bad, it was no use to me, and I chucked it out at the door; as for the paper it never was in my possession at all.
COURT. Q. Did you see enough of the prisoner to judge whether he was tipsy? A. He seemed to me to have been drinking, but nothing out of the way—he seemed to know very well what he was about.
FRANCIS HAWKINS (Policeman, L 189). On Thursday, 1st December,; Miss Kidder gave me these four shillings (produced) loose in my hand, in the street—from what she said to me, I went after the prisoner—he was pointed out to me by a little boy, and I took him in custody and took him back to Miss Kidder's shop—I searched him and found on him a florin and sixpence in copper—there was no sixpence—he was rather the worse for liquor, but he knew what he was about.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—these four shillings are all bad, and they are two from one mould, and two from another; two of 1853, and two of 1858—they are very good imitations, made by one of the best makers.
Prisoner's Defence. I am innocent; I had no paper about me; only the purse and money which they found.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
JOHN KEENER . I keep a chandler's shop at 33, Standgate-street, Lambeth—on Sunday, 20th November, the prisoner came to my shop about 9 o'clock in the evening and asked for a halfpenny biscuit—I served him—he gave me a shilling in payment, and I gave him 11 1/2 d. in change—he then left the shop directly—I tried the shilling on the counter when he left the shop—it was bad, and I ran out of the shop after him—he was then turning the corner of Mason-street—I could not say exactly whether he was walking or running—I saw him turn the corner; that is four doors from my shop—I saw a policeman, whom I told to follow me, and I overtook the prisoner in Mason-street—I said, "I want you; policeman, take charge of this man"—I told the policeman that I wanted the prisoner for uttering a bad shilling—the policeman brought him to my shop first, and then took him to the station—the shilling that I had received from the prisoner, I gave to the constable.
JEESIE CANNON (Policeman, L 69). On Sunday evening, 20th November, the prisoner was given into my custody, and Mr. Keener gave me this shilling (produced)—the prisoner said he took it from a woman on the other side of the water for selling fruit; meaning this side of the water—he was taken to the Lambeth police-court on Monday—he was then remanded till the 22nd, and discharged—this was the only case against him at that time—he gave the name of Charles Andrews.
COURT. Q. Did you search him at the station? A. I searched him at the shop, before he got to the station—I found 11 1/2 d. in his hand in copper.
HENRY PETTIFER . I am shopman to Mr. Elliott, who keeps a ham and beef shop in Brook-place, Old-Kent-road—on Friday, 25th November, the prisoner came there for a penny saveloy—he offered a shilling in payment; I looked at it, and thought it was bad; I put it in the trier and it gave way, and I said to my master, "Will you look at this shilling?"—he looked at it, went round to the door, and stopped the prisoner—when the prisoner saw me put it into the trier, he said, "Never mind," and threw down a penny—I took the penny, but still kept the bad shilling, and gave it to Mr. Elliott, who is here.
GEORGE ELLIOTT . I keep a ham and beef shop in Brook-place, Old Kent-road—I remember the prisoner coming there, on this day, for a penny saveloy—Pettifer gave me what appeared to be a shilling—I sent for a policeman—I was between the prisoner and the door when the prisoner was standing at the counter—I said to him, "How many more of these have you got?"—he said, "No more"—I said, "Where did you get it from?"—he said, "I took it for fruit"—I said, "I have been waiting for you some time"—I told him that he must wait till a policeman came—I had never seen him before, but I had taken a deal of bad money.
COURT. Q. When you said, "I have been waiting for you some time," did you mean anything relating to the prisoner? A. No.
MR. CLERK. Q. When he found that you had sent for a policeman, did
he say anything? A. He said "Well, I shall not stop here," and he attempted to force himself out of the shop—I told him that he must stop, and I took hold of him—he got me outside the shop, and threw me on the, pavement—with the assistance of a neighbour I got him back to the shop—he attempted to strike me, and said he would serve me out, and he attempted to kick my neighbour in a private part of his person—he was so violent in the shop, that he had to be held down—I gave the policeman the shilling that I had received from my assistant.
WILLIAM BAGLON (Policeman, P 171). The prisoner was given into my custody by Mr. Elliott—I received this shilling (produced) from Mr. Elliott—I searched the prisoner in the shop, and found four half-pence on him—I took him out of the shop, and he became very violent—he threw himself on the ground, and the mob that was round attempted to rescue him—he sung out "Rouse, rouse," and they knocked my hat off.
GUILTY .— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
GEORGE GATES . I am a chemist, and carry on business at 114, City-road—on Saturday night, 26th November, the prisoner came to my shop between 7 and 8 o'clock, and asked for a pennyworth of sticking plaster—I served her—she gave me a counterfeit half crown—I told her that it was bad—she said that it was not, and that a gentleman gave it to her with another one—I gave her in custody—she was taken before a Magistrate and discharged on the following Tuesday.
CHARLES MANNING (Policeman, G 215). On the Saturday night I was called into Mr. Cates's shop, and the prisoner was given into my custody—I took her to Old-street police-station—she was examined before the police-Magistrate on Monday 28th—on the following day, I cannot say what time, she was discharged—this was the only case against her—I produce a half-crown which I received from Mr. Cates on the Saturday night.
COURT. Q. Did you search the prisoner? A. She was searched by a female searcher, but not in my presence—the female searcher is not here—she said in the prisoner's presence that she found on her a sixpence, a four-penny piece, and a 1d.; good money.
JANE MATHOW . My husband is a pork butcher in Prospect-row, Bermondsey—on Tuesday, 29th November, the prisoner came to my shop and asked for a pound of beef sausages—they are 4d. a pound—I served her, and she gave me in payment a counterfeit 5s. piece—before I discovered that it was counterfeit, I gave her change; half-a-crown, a 2s. piece, and 2d.—I put the crown piece which she gave me, in the till—after she had got her change, she left the shop—this was just before 8 in the evening—a little after 9 the same evening, a constable came to my shop—from what he said to me I looked into the till and there found a 5s. piece—I examined it and found that it was bad—there were no other 5s. pieces in the till—I thought it was good at the time I took it—I had been serving in the shop from the time the prisoner left, to the time the constable came—I had not taken any other 5s. piece that night—when I found that it was bad I gave it to the constable.
shop at Coburg-place, Rotherhithe—on Tuesday, 29th November, the prisoner came to my shop between 8 and 9, and asked for a strip of fancy work—I served her, and she gave me a 2s. piece; I examined it and saw that it was bad—I gave it to a little girl that was in my house at the time, and sent her to her father to see if it was bad—she brought it back bent—a police-man was passing, and I gave the prisoner in custody—the little girl gave me back the florin, and I gave it to the constable—before the prisoner came into my shop this night, a man came in—I did not serve him with anything—he left the shop and joined the prisoner outside, and then I saw her come into the shop—when the man joined her outside they passed my door, went a little way along, and then came back, and then I served her as I have stated—the little girl is here.
MARGARET PAYNE . My father is Edward Payne; he lives two doors from Mrs. Lester's—on this Tuesday night I was in Mrs. Lester's shop—I saw the prisoner there—Mrs. Lester gave me a florin to take to my father—I showed it to him; he bent it and gave it back to me, and I took it back to Mrs. Lester at the shop—I saw my father examine it.
JAMES WARNER (Policeman, M 222). On this Tuesday evening I was called into Mrs. Lester's shop, and the prisoner was given into my custody for passing a bad florin—this florin (produced) was given to me by Mrs. Lester—going to the station the prisoner said it was not the first one she had done that night—I said, "What do you mean by that?"—she said she had passed a 5s. piece at a pork butcher's—after I had taken her to the station, I went to Mr. Mathow's, a pork butcher's shop, and received from Mrs. Mathow this 5s. piece (produced)—Mr. Mathow's shop is about a quarter of a mile from Mrs. Lester's—the prisoner was searched at the station; not in my presence—the female searcher said in the prisoner's presence, that she had found two penny pieces.
GUILTY.— Judgment Respited.
ADJOURNED TO MONDAY, JANUARY 2ND, 1860.