CENTRAL CRIMINAL COURT.
CARTER, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obetirk (†) 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, January 30th, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. SALOMONS, M.P.; Sir ROBERT WALTER CARDEN, Knt; Mr. RECORDER; Mr. Ald. HALE; Mr. Ald. ALLEN; and Mr. Ald. CONDER.
Before Mr. Recorder and the First Jury.
MESSRS. ROBINSON and METCALFE conducted the Prosecution.
THOMAS BRANDON . I carry on business in Oxford-street as an artificial florist—the business is chiefly conducted by my wife—in November last I received this letter (produced) by post—we have a customer named the Honourable Mr. Stuart—I had not known the prisoner at all before the receipt of that letter—she had not been a customer of our's before, that we know of—in consequence of that letter I gave directions to a person named Seymour, in our employment, to have it executed—a few days after the receipt of that letter I also received this second letter (produced) a few days after I had sent off the bonnets—about November 19th I received No. 3, which I also handed to Miss Seymour to be executed—the amount of the articles supplied in consequence of those letters is a little above 5l.—before this time we had had a customer named Tyrwhitt; a lady—I do not remember whether it was Jane Tyrwhitt—I think that was in 1856 or 1857—it was for something very trifling; we put it down as a bad debt—whatever the goods were they have not been paid for.
Cross-examined by MR. GIFFARD. Q. You do not mean to say it was the prisoner? A. I do not know—we have never demanded payment of this money, because these goods were brought back by the policeman.
JANE SEYMOUR . I am an assistant to Mr. Brandon—on 12th November he put this letter into my hands—in consequence of that I put up two bonnets and two cap-fronts in a case—I addressed it, "The Honourable Mr. Stuart, Star and Garter, Richmond"—I subsequently received the two bonnets back for alteration—I re-made those two and sent a third with them—I addressed that box to the Star and Garter—these (produced) are the bonnets.
GEORGE MORRIS ROBERTSHAW . I am a hosier, of 100, Oxford-street—I know the prisoner, and am acquainted with her writing—these three letters are in her writing—I know her by her own name as Mr. Tyrwhitt—I have had communications from her iu other names—I never knew her as the Hon. Mr. Stuart—I should think I have known her twenty yean, or nearly so—she has never gone by the name of Stuart during that time, to my knowledge, excepting in this case; but she has written to me in other names; that of Mr. Wilmot, of Gore House, Richmond, and Mr. Jones, of Tenby, South Wales—this other letter (One containing directions about the parcel) is also her writing.
Cross-examined. Q. You say you have had communications with her in other names; and supplied goods in those other names; have you been paid for them? A. Yes, by Mr. Lewis, her attorney—I do not know whether her proper name is Mr. Tyrwbitt Jones—I do not know that she had a fortune left her, and afterwards went by the name of Tyrwhitt—I do not know that her husband changed it, but I believe her brother did, and took the name with the title, but am not sure—she gave me a cheque upon her trustees about two years ago—that cheque was not paid—I subsequently gave it to Mr. Lewis for a cheque of his—these letters are unmistakably in her writing and in her natural hand—I do not know that she has been very eccentric all her life, suffering miserably in mental health—I don't know that she was in very miserable health two years ago; she was travelling about then.
MR. METCALFE. Q. She gave you a cheque on this occasion, and you ultimately got a cheque from Mr. Lewis? A. Yes, for a portion of it—I did not take proceedings, or threaten them, before I got anything—Mr. Lewis applied to me about eighteen months afterwards—the goods were obtained in the name of Wilmot and Jones—I subsequently suspected, from some imformation that I had, that she was not that lady—I met her at Reigate and she then acknowledged that she was not, and gave me a cheque for a portion of her dividends—her husband had inclosed me a cheque for 10l. and Mr. Lewis gave me a cheque for the rest—I have received it all.
SAMUEL WALLACE . On November 16th I received a note—it is partly destroyed, but I recovered some of the pieces—this is one of them—(Read: "If any parcel or letters should arrive for the Honourable Mr. Stuart, be so kind as to keep them till called for")—this box came to the Star and Garter, on the 17th, addressed "The Honourable Mr. Stuart, Star and Garter"—on 23d November another box like the first came—I delivered it to a female named Kirby—that box was addressed in the same way.
JANE KIRBY . I am the wife of a gardener in the employ of Mr. Wooding, of Petersham—I remember the prisoner living at Rose-cottage, Leather-lane, Petersham, in the name of Tyrwhitt—she left a fortnight before Christmas—they were there a little better than six weeks—they took it for two months—I was engaged as cook—it was a furnished house—I remember going to the Star and Garter—Mr. Tyrwhitt told me to go there, and ask for a box directed to the Honourable Mr. Stuart—I did so—I got the box and brought it—this is it—I gave it to Mr. Tyrwhitt—the first box I brought was about a week before she left—the last was on the Saturday before the Tuesday on which it was taken away by Mr. Cole—the prisoner sent me for the second box—she gave me the same message as about the first, and I went to the Star and Garter, and got the box—a young man, who is here as a witness, questioned me about it, and that is how it was found out—I gave it to the prisoner on the Saturday, and she was taken away on the Monday following.
Cross-examined. Q. Did the young man question you where you came from? A. Yes; he asked where the Honourable Lady Stuart lived—I told him I did not know, but that I was sent from a lady at Petersham—he said, "What is your name?"—I told him, and by that they found it out—my mistress did not seem wrong in her mind: I thought she was once; she seemed very dull, and could not sleep, and was very restless; but she always ordered everything in a proper way—I never expressed that she was wrong in her mind—I did not say she was not right* in her mind, because she always appeared to me to be right.
MR. METOALFE. Q. When was it that she was so restless; how long before the police came? A. I dare say a fortnight before.
CHARLES COLE (Police-sergeant.) About 3 o'clock on Tuesday, 29th November, I went to Rose-cottage, Petersham—I rung a bell, and the servant came—I asked the servant whether Mr. Tyrwhitt was at home—she said she did not know—she left me, and I followed her up stairs into the first floor front room—I heard the servant speak to the prisoner, and tell her that two gentlemen wanted her—she said, "Tell them I am not at home"—I went in and said, "Good morning, Mr. Tyrwhitt; I have come on very unpleasant business"—I did not know her before—I said, "I am a police-officer; I have come to apprehend you for obtaining three bonnets in the name of the Hon. Mr. Stuart; also for obtaining goods of Messrs. Lewis and Allanby, of Regent-street"—she clasped her hands and said, "Oh, my poor children"—she asked me to wait till Mr. Tyrwhitt came home—I told her that I could not—I did wait half an hour before she spoke again—Mr. Tyrwhitt then came in and he assisted in putting on her shawl and bonnet—I said that I wanted the three bonnets she had obtained, and if they were not given to me I should search the house—she said to the German governess, "Give them what they want"—the governess opened a box, and took out two bonnets; the third had been sent back—I also found three hats there with the name of "Heath, Knightsbridge, hatter to the Queen"—I did not take them away at that time—on the way to the railway station she said she knew she had done wrong herself; she did not mind what she suffered herself, but she hoped I would look to her poor children—I went down to Windsor on the 13th, I think, and made inquiries.
Cross-examined. Q. Have you told us all she said? A. I think I have, as far as I recollect.
ROBERT HEATH . I live at St. George's place, Hyde-park-corner, and carry on business there as a hatter—on 16th or 17th October I received this letter (produced) in consequence of which I sent to Windsor, by the South Western Railway, two Spanish and one other hat, directed, "Mr. Vernon, Close House, Windsor"—these (produced) are them, and that is the box in which I sent them—I have not been able to find any Mr. Vernon, or any such place as Close House—I have made inquiries, and cannot find Mr. Vernon—the bill I directed to her, came back through the post—I never saw the hats again till the constable produced them.
Cross-examined. Q. Did you know the prisoner? A. No.
GEORGE MORRIS ROBERTSHAW (re-examined). This letter is in the prisoner's writing—I never knew her in the name of Vernon—(Read: "Mr. Vernon begs Mr. Heath will be so good as to send her two hats of the Spanish shape, No. 9. She wishes them to be as good as possible, with handsome tufts. One young lady's measure is 21 1/2 inches, and as she has the fullest face will require a somewhat larger hat. The other's measure is 20 inches,
and of this size she wishes one of the white straw hats, No. 26, either trimmed with velvet, or bound with velvet and trimmed with ribbon. Mr. Vernon saw one ready trimmed at Mr. Heath's. If they could be sent on Wednesday she would be very glad; to Mr. Vernon, Close House, to be left at the South Western Station, Windsor." Dated "October 16th.")
CHARLES COLE (re-examined). These are the hats I found—I went to Windsor and made inquiries—(MR. GIFFARD contended that it was not sufficient to send a person to make inquiries, but that it was necessary to have a person familiar with Windsor, or it would only be hearsay. THE COURT admitted the evidence.)—I found no such place or person—the nearest I could find was Clewer House.
MR. GIFFORD to THOMAS BRANDON. Q. Was not one of the bonnets returned finally? A. Yes; after she was taken—it had not arrived before she was taken—I got it from the railway—articles are sometimes kept a week there—I think the third letter relates to it.
This being the case for the prosecution, MR. GIFFARD submitted that it wa not proved that this was not done by Lady Stuart's authority, who, the prisoner herself stated, lived near Bath, and therefore that there was no case for the Jury: that though the prisoner admitted that she had done wrong, it was impossible to say whether that statement applied to this case or the next. MR. METCALFE submitted that if the order was not given with a dishonest intention, the goods would have been ordered to be sent to the prisoner's residence and not to tlie Star and Garter. The RECORDER considered that as it was proved that there was a Mr. Stuart, who was a customer, yet who was not called, the case failed.
NOT GUILTY .
MR. METCALFE for the prosecution, stated that as the same point would arise in this case as in ilve last, he would, with the sanction of the Court, offer no evidence.
NOT GUILTY .
170. JANE TYRWHITT was again indicted for unlawfully attempting to obtain, by false pretences, from John Williamson, servant to Stephen Lewis and others, 14 yards of merino, and 22 yards of barege, the goods of the said Stephen Lewis.
MR. ORRIDGE conducted the Prosecution.
JOHN WILLIAMSON . I am assistant to Messrs, Lewis and Allanby, of 195, Regent-street—on Thursday, 24th November, the prisoner came and asked to look at some black French merino I showed her several pieces; she selected one, and ordered fourteen yards to be cut—it was 4s. 9d. a yard—she then wished to look at some thin material for evening dress—I showed her some barege, and she selected twenty-two yards of it at 2s. 6d., also some lining—she told me to take her address and send the goods for her—I took out my address book and she told me to enter the goods to her account—I said, "What name, madam?"—she said, "The Honourable Mr. Stuart; send the goods to the Star and Garter Hotel, Richmond"—I asked her if she had an account at our house, and if she was known on our books—she said, "Yes, aud that she was staying at the Star and Garter"—I said, "What is your home address?"—she said, "Sydneygardens, Bath"—she wished me to send the goods that evening by carrier—I made inquiries in the counting-house, and took the goods next morning myself to the Star and Garter—I found that no such person was staying
there, and did not leave the goods—my employer showed me this letter (produced) on the Monday afterwards.
GEORGE MORRIS ROBERTSHAW . This letter is in the prisoner's writing—(Read: "Mr. Stuart begs that the merino and barege she chose may be kept till she calls, as she is going on a visit, and there will not now be time for her to send it to the milliner")—the prisoner's right name is Jane Tyrwhitt.
JOHN WILLIAMSON (cross-examined by MR. GIFFARD). Q. When she looked at the barege, what was the next thing she said? A. She said, "Show me some black silk for body lining"—I showed her two pieces, one at 2s. a yard, and one at 2s. 2d.—she said that something less expensive would be better—I said that we had none—she wanted something mixed with cotton—I told her we did not keep such goods—she said, "Then cut me off three yards of this"—this is the bill (produced)—I have not got my address book here. (MR. GIFFARD contended that what the witness wrote would be the best evidence, but the COURT considered that his recollection was the best evidence)—I think I looked at the address fyook this morning, but not for that address—I believe I have looked at it once since the transaction—she had her glove on and preferred my writing it.
ROBERT HEATH . I live at 18, St. George's-place, Hyde-park-corner—on 16th October I received a letter by post—I did not see the prisoner—(MR. GIFFARD contended that this letter was not evidence, and that it was the same point as was decided in the last case, as it could not be proved whether she was not writing by Mr. Vernons authority; THE RECORDER considered the letter admissible.)
MR. GIFFARD submitted that instead of the charge being attempting to obtain of "Stephen Lewis" it should have been attempting to obtain the goods of "Stephen Lewis and others." The words "and others" the RECORDER proposed to strike out as surplusage. MR. GIFFARD contended that that could not be done as there were two inconsistent intents laid, and that the COURT could only strike out as surplusage that which was irrelevant. MR. ORRIDGE referred to Regina v. Keeley, (see Denisorts Crown cases) where it was held that the words "and others" might be struck out. MR. GIFFARD stated that that was only a description of the property, whereas this was an averment of the intent; the allegation was in one place correct and in the other incorrect, and was therefore bad for uncertainty; and there was no power of amendment, this being the substance of the offence; in changing the intention, the offence itself was changed, and it became a different thing according to the intmtion entertained at the time the act was done. THE RECORDER amended the indictment by the insertion of the words "and others" at the end thereof, giving MR. GIFFARD the opportunity of setting it right afterwards, if upon reflection it was considered necessary.
MR. GIFFARD called
DR. GREEN. I am a physician of 2, Upper Brook-street, Grosvenorsquare—I have attended the prisoner for, I think, twenty years—she suffers from a disorder of the head—I have seen her delirious on several occasions, owing to a nervous pain in the head—I remember on one occasion in 1858, finding her in my house in such a state that she could
give no account of herself at all—she was in a wretched condition as to dirt, and I believe her relations were in search of her at that time—she continued unable to give an account of herself for at least ten days or a fortnight; I do not quite recollect—I procured some lodgings for her in North Audley-street—she has been suffering from that disorder, at long intervals, ever since I have known her—she has always suffered from neuralgic pain in the head to a great extent—I have no memorandum of attending her at the time this transaction is alleged to have occurred, but I know that she came to consult me about October—she was then suffering from neuralgia to such an extent that she could scarcely bear the light, and could scarcely speak—she was immensely prostrated and dejected—I have not known her eccentric, except under the influence of intense pain in the head—I should not be in the least surprised at her ordering things in the way she has, without being aware of the importance of what she was doing.
Cross-examined by MR. METCALFE. Q. Might she order things without knowing that she was giving a wrong name? A. I do not know—I do not believe that when she gave the name of the Honourable Mr. Stuart, she really believed that she was the Honourable Mr. Stuart—her husband's name is Tyrwhitt Jones, but I always knew her under the name of Tyrwhitt—I have never known her as Mr. Wilmot, of Gore House, Richinond, or as Mr. Bathurst, Mr. Thomas, or the Honourable Mr. Massey—I think it is very likely that she assumed different names when she wanted goods—her mania would not assume the form of paying for the goods as well as ordering them—it is merely a mania to possess, no matter whether it is paid for or not—it is called cleptomania, which in plain English means, a mania for stealing—I do not offer an opinion as to whether a person who has that, ought to be held accountable—I think she has not the strength of mind to know that she was doing wrong—I account for her giving a different name, because I think anything would be done by persons under that disease to procure what they want—I have heard the evidence in Court to day, and I know her circumstances—I do not recollect any instance in which she had been drinking—I have not the least idea whether she did drink, but I think not—I only knew her as a patient at long intervals—I do not know where she lived before she was at Petersham—I sometimes did not see her once a year—I once went to her house and saw her friends—whether her husband has been through the Insolvent Court must be left to report, but I think I have seen it in the newspapers—having known her for twenty years, and knowing that she has a certain amount of income, I must consider this to be a case of mania, but if she had not that income, and it was done from absolute want, I should not believe that it was cleptomania—from the symptoms I have seen I should not have ventured to swear that it was cleptomania; if I had known nothing of her circumstances, her income, and her connexions.
COURT. Q. Did you. ever know her under any delusion? A. No; but I have known her muttering when she has been under intense agony, and unable to bear the light.
CHRISTINE DUNCAN . I am a nurse—in the latter part of 1858 I was called to nurse the prisoner in North Audley-street—she was in a state of melancholy aud appeared very eccentric—she did not speak or take any food, neither would she go to bed—she appeared to me to be suffering very much in her head—I attended her one week, and that was so during the whole time.
GEORGE HENRY LEWIS . I am the prisoner's attorney and am familiar with the state of her property—she is absolutely receiving the interest of 10,000l. under her marriage settlement, and also the interest of 1,000l. left her by will—her husband has no interest whatever in either of those sums—it is trust money in the funds, and one of the trustees is here.
Cross-examined. Q. Tell us their names? A. If his Lordship thinks I should, but one of them is her brother who in holding a very high position and is a titled gentleman—I do not know whether it is necessary that I should name him—the interest is not encumbered: she has not the power to encumber it—it is for her own support, and at her own private order—it is in the funds and is payable half-yearly.
GUILTY .—The officer staked that a great number of similar charges were preferred against her before the Magistrate.— Confined Nine Months.
NEW COURT.—Monday, January 30th,; 1860.
PRESENT—Sir ROBERT WALTER CARDEN, Knt.; and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and the Third Jury.
PLEADED GUILTY .— Confined Nine Months each.
MESSRS. ELLIS and BEST conducted the Prosecution.
WILLIAM GEORGE KELLY (Policeman, A 319). I produce a certificate of a conviction—(Read: Central Criminal Court, April, 1858; Francis Owen convicted of unlawfully uttering counterfeit coin; Confined Eighteen Months)—I was present—the prisoner is the person.
HENRY WYATT . I am landlord of a public-house at the corner of Spurr-street, Leicester-square—on 19th December, about half-past 11 in the evening, the prisoner came into my house for 1 1/2 d. worth of gin—I served him—he gave me a shilling—I tested it, and found it was bad—I sent for a constable, but the prisoner did not know that—before the constable came the prisoner asked me three different times for his change, and said if I could not give him change he had some half-pence he could give me—at last he opened the door and went out—I followed him, brought him back, and kept him till the constable arrived—I gave the constable the shilling—it had been in my hand—I am sure it was the one that the prisoner gave me—at the latter end of September last year two men came to my house about a quarter before 12 o'clock one night and called for a pint of porter—I believe one was the prisoner, the other I do not know—the person that I think was the prisoner gave my wife a bad shilling—I showed it to him, and he took it out of my hand and said it was a good one—he put it in his pocket and his friend paid 2d. for the beer—when the prisoner came to my house in December, I fancied he was the same man that I had seen before—I thought so directly he came in, before he offered the money.
Prisoner. I never was in his house before in my life.
COURT. Q. How long were the men in your house in September? A.
Only three or four minutes—the prisoner put the shilling in his pocket as he went out, and left the other man to pay for the beer—I had an oppertunity of seeing his face—it was light—I had not seen him between September and the 19th December—I fancied I had seen the other man. but I am not sure.
SOPHIA WYATT . I am the wife of the last witness—my attention was called to a shilling by my husband on 19th December—I looked and saw the prisoner—I recollected he was a man that came to my place in September; he came with another man—he gave me a bad shilling—it was the man who was like the prisoner gave me the shilling.
THOMAS BROWN (Policeman, C 177). I was called, and the prisoner was given in my charge—I received this shilling from Mr. Wyatt—I found oa the prisoner a half-crown, one shilling, and one penny, all good.
GUILTY .— Four Year's Penal Servitude.
MESSRS. ELLIS and BEST conducted ilie Prosecution.
JOHN MC'DONOUGH . I keep the Black Bull's Head, in Montague-street—on 10th January the prisoner came to my house about 10 o'clock at night; she asked for a pot of porter—it came to 3d.; she gave me a shilling—I knew it was bad, but I gave her the change, and she went away—on 17th January she came again and gave me a bad shilling—I gave her in custody—I told the policeman she had given me two bad shillings, and gave them to him—I had kept the first one by itself till she came again.
Prisoner. I never was in his house before. Witness. I am sure she it the woman that came the first time—I recognised her when she came again.
WILLIAM RAHILY (Police-sergeant, H 33.) I took the prisoner in custody—I got from the witness these two shillings—I asked the prisoner if she had any more money, and she put her hand in her bosom and pulled out a purse containing one good shilling.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
SHREEVE PLEADED GUILTY .— Confined One Day.
CROOT PLEADED GUILTY .— Confined Twelve Months.
Shreeve's master gave him a good character, and engaged to take him again into his service.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY.— Judgment respited.
PLEADED GUILTY.— Judgment Respited.
MR. RIBTON conducted the Prosecution.
JOSEPH WILLIAM FAWKES (City-policeman, 112). On Saturday, 7th January, I saw the three prisoners together in London-wall, where they tried to pick the pockets of several gentlemen—I followed them on to the Guildhall-yard, and saw the three together behind a gentleman—Johnson took this handkerchief from the gentleman's coat pocket—the three prisoners went away, and Johnson gave the handkerchief to Jones, who put it in the waist of his trousers—Ward was with them—I stopped them all, and took them into custody—a purse was found on Johnson, but nothing on the others—they gave their addresses—Johnson's and Warcs were false; Jones's wag correct—I saw Jones take this handkerchief from his trousers in Guildhall police-court.
GEORGE READ POOT . This is my handkerchief—on the 7th January I was in Guildhall-yard—the officer spoke to me, and I found my handkerchief was gone—I had it safe a minute before—I am certain it is mine.
Jones' Defence. When I first met these prisoners they were in Moorgate-street; I was not in London-wall with them; this handkerchief was flung down at my feet, and the policeman said I was with them, but I was not.
Ward's Defence. I know nothing of them; I only know Jones by seeing him about.
JOHNSON**— GUILTY .— Confined One Month and Three Years in a Reformatory.
JONES*— GUILTY Confined Six Months.
WARD— GUILTY .— Confined One Month.
The evidence in this case was unfit for publication, but the Court considered the offence did not amount to a public nuisance.
NOT GUILTY .
OLD COURT.—Tuesday, January 31, 1860.
PRESENT—Mr. RECORDER; Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. ALLEN, and Mr. Ald. CONDER.
Before Mr. Recorder and the Seeond Jury.
PLEADED GUILTY .—Recommended to Mercy.— Confined Twelve Months.
PLEADED GUILTY .**— Three Years Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
186. CHARLES SHARPE (22), JAMES SLATER (29), THOMAS BROWN (23), and PATRICK CAMPBELL (25) , Feloniously and sacriligeously breaking and entering the church of St. John, Islington, and stealing therein 2 scarfs, the property of Charles Welland Edmonstone, clerk, I robe the property of Henry Salkeld Bramah, clerk, and 1 brush and 1 table cover, the property of Joseph Kingston Gallard and another.
MR. SLEIGH conducted the Prosecution.
JAMES CRAMMIS (Policeman N, 71). On the evening of 29th December between 7 and 8 o'clock, I was on duty in the High-road, Islington, near the turnpike—I saw Sharpe passing along the road—he had a bundle under his arm; I was going to stop him, and he threw down the bundle and ran away—I puraued him, and after a long chase he was stopped by a gentleman—I saw him stopped—he dropped two silk scarfs, and this brush (produced) he had in his inside pocket—just before I got to the station witn him I aw something white hanging down below his waistcoat—I found it was this communion-table-cloth—it had been wrapped round him between his waistcoat and his shirt—I did not find the bundle at all—I went to the church of St. John's, Holloway, on the Saturday—I examined the windows and found that an entry had been made by breaking the glass—these are the lead framings of the diamond window—there was an aperture made large enough to admit the body of a man—I found the door entering into the vestry room forced open—this (produced) is a portion of the lock.
Sharpe. Q. When you first saw me were you standing in the road along with another policeman? A. Yes; I do not know that he followed after me when I came to you—I had to run a quarter of a mile before I got you—if I had got hold of you I should have got the bundle—when I had got hold of you I asked you where you had got the things from, and you said you had found them—you dropped the two scarfs down at the gentleman's feet—I took the brush out of your pocket.
CAROLINE BISHOP . I am an unfortunate girl, I live at No. 2, George-court, Fox-court, Gray's Inn-lane; the prisoner, Campbell, who is thedeputy landlord, lived underneath me in the same house—I know Slater and Brown—they lived in the same court, a door or two off, but they had been away some time, and they came back about two days before they fetched away this property—I do not know anything of Sharpe—on Friday morning, about a fortnightago, I recollect Slater and Brown coming to the house where I and Campbell lived—Campbell was in bed when they came in—it was between 6 and 7 o'clock—I was overhead—I heard Slater say to Campbell, "Get up, for we have some property next door, in the parlour"—and I heard Campbell say, "I will get up," and with that he got up and went down stairs, but I do not know whether he went into the room or not—about two or three minutes after, I saw Slater come up stairs with a bundle—I was looking out of my window and I saw him go into the room with the bundle, and about half an hour after that I went down into Campbell's wife's room, and I saw two
black robes, and I do not know whether it was one or two white robes—they were in Campbell's room—a little after that I saw Campbell in the court talking to Slater and I saw Campbell give Slater separately two half-crowns.
Slater. Q. Where were you on 13th instant between 6 and 7? A. I was in my bed when I heard you and Brown at Campbell's door—I knew it was you, because I had known "you such a, time—Campbell got up and went down stairs—I saw you bring up a little bag—I can't say what it contained—you lived in the court at that time, in the second floor of the corner house—you did not move in the next day; you moved in on the Thursday—I could swear that that bag did not contain part of your property, because I saw the things on the bedstead at the same time—I did not see the things taken out of the bag; it was empty when it was on the bedstead—I have lived in Fox-court since 13th July—my Sammy was at home with his mother at the time—he was not doing three months—he is not doing three months now; it is false—I cannot swear that the two half-crowns Campbell gave you were not for whitewashing his rooms and kitchen at Fullwood's-rents, but I know what you sold him—I saw you come out of the next-door parlour with the bag, into the court—I saw you go into Campbell's room with it—I was looking out of my window—I heard you—there is nobody living there—I cannot swear that you did not leave the bag there.
Campbell. Q. If you saw the thing in my room on the Friday, why not give information there and then? A. Because I did not—it was between 6 and 7 in the morning that I saw the things there—there is a lamp not far from the window which shows a light—I got out of bed between 6 and 7, and saw you come up stairs about two or three minutes after.
Jiru. Q. You say you saw a bag empty; did you see the contents lying by the side of the bag? A. Yes; the things were lying on the bed by the side of the bags—I saw the two black robes.
COURT. Q. Have you, ever had any quarrel with any of the prisoners? A. No, not any of them.
Broum. She had one with me. Witness. I never had any quarrel with any of them.
Slater. On the Saturday night previous to giving us in charge, a female that lives in the court brought home two gentlemen. One of them had a leather bag; and this witness went to the room with the other woman, and about half an hour afterwards the gentleman went away without his bag. They broke the bag open, and put the things in our empty room, and then wanted to prove that one of us did it
COURT. Q. Did you have any dispute about a leather bag? A. No; there was a dispute, but I did not see any thing about it—the dispute was with the young girl that is a witness.
WALTER HOLMES (Policeman, F 3). Between 9 and 10 on the night of 16th of this month, in consequence of information which was given to me, I went to George-court, Fox-court, Gray's-inn-laue—I first went to No. 1 in the court, where Slater lives—I found him there, and took him into custody—I told him it was for being concerned with others in
breaking into a church in Holloway; he said he knew nothing about it—I searched the room at once, and I found some pieces, apparently portions of robes (produced)—there was a portion of the robes cut up—I found them in a white linen bag, and a portion in a drawer—there were some other things—I then left him in the custody of another officer, and proceeded to 4, in the same court, where Brown lives—I found him there—I took him in custody—I told him that I should take him in custody for being concerned with others in breaking into the church at Holloway; he said he knew nothing about it—I told him I should search him—I found a knife and a screwdriver wrapped up in paper, some matches, and a candle in his pocket—I conveyed him to the station, aud returned again to George-court, where I found Campbell; he was standing in the court—I took him into custody—I told him I should search his room—he said his old woman had not come home; the padlock was on—I told him we could not wait—he took us up and showed us the room, and requested us to break open the room, and we did so—ou searching the room I found a good many pieces of black robes, all cut up; also some red velvet cut up into different pieces—these two pieces (produced) are what I brought away from there—this piece is a portion that was left on the communion table—they cut the middle out, where all the gold letters were; and after they got it home this was taken off from the gold letters, and the gold letters taken away; it exactly fits the part that was left—I have not seen Sharpe till this morning, I know him and Brown to be companions for several years.
COURT. Q. Where have you seen them together? A. In Holborn and in Gray's-inn-lane; they both belong to Fox-court.
Slater. Q. Were they all the portions of silk that was in my room? A. There was a jacket resembling something of the same—I did not bring it, because it was very old—I can't say whether these cuttings came from that; it did not appear so—you said it was so.
COURT. Q. Did he say so in the room? A. Yes; I looked at it, and said I did not think it was—I have not brought it—I left it with the prisoner's wife—one seemed finer cloth than the other; it was older and finer—I believe it was a finer cloth; I would not be positive—I did not find any thing else at Slater's; all these were found at Campbell's.
Slater. Q. Are you aware that there were two sorts in the jacket? A. I did not notice it so minutely.
Campbell. Q. How long before you took me in custody did you come and search my place at Fullwood's-rents? A. About two hours—that was another place where you are deputy—that was respecting something else—I did not find any thing there—I went about the carpet-bag affair—I came up to Fullwood's-rents from information that you were generally in the habit of taking the property there—I searched every part of the house—I came to you about 10 o'clock at night, with three or four more officers, and said I wanted to search your place about a carpet-bag—that was at the place in Fullwood'a-rents; and at 12, when I came down to George-court, I said, "I will take you into custody on suspicion of buying some things"—you did not tell me you lived in Fullwood's-rents.
CAROLINE BISHOP (re-examined). I saw Sharpe, Brown, and Slater together in Holborn on Thursday, 29th of last month—I remember the day, because I was going to the pawnbroker's to get a parcel out, and I remember the day I went there.
WILLIAM HOVELL . I am the beadle of the parish church of St. John's, Holloway—on the afternoon of 29th December I left the church about 5 o'clock—at that time the windows were all closed, and every door fastened—I saw this communion-table cover safe in the church when I was there last that afternoon—I cannot identify these robes—the robes were all hanging up whole—I know the brush by a mark on the side; it has the figure 4 in the groove—I have been the habit of using it continually for a long time—I saw it safe on that day—the velvet I speak positively to be of the same description—when I went there next morning I found that a portion of the
old leaden frame of the window had been broken away, sufficient to admit a man's body, and the vestry door, which had been fastened, was broken open—I can speak to the brown holland cover—at one corner there is a piece of tape that I tied on because I find I can cover the table quicker so—this is I the piece of tape; I tied it on myself.
REV. HENRY SALKELD BRAMAH . I am the curate of the district parish-church of St. John's, Holloway—I can identify this piece of cloth as being a portion of my robe—it was made by a relative of mine—I know it from that circumstance—I left it safe in the church on Sunday afternoon, when I wore it—I have not seen it since.
REV. CHARLES WELLAND EDMUNSTONE . I am the incumbent of the church of St. John's, Holloway—there are Wednesday evening services there—I performed the service there on fche Wednesday evening previous to this robbery—on that occasion I wore one of the two scarfs that I see here—I have no doubt that they are my property—two sets of robes belonging to me were also safe on that occasion, and have never been found since.
Sharpe. Q. How can you swear to them? A. They are identically the same in appearance as those I had—one was a new one, and the other an old one; and I had two precisely such—the older one was worn, and I recognise it as the one I have worn—I simply know that the one I had was worn just as this is—they are identically the same in appearance with the two I had in my possession.
Slater. Q. I wish to call your attention to the pieces found in my possession? A. I can't speak to those.
MR. SLEIGH. Q. Are they the same kind of silk? A. They are not as good as one of the lost set; but I had one old set, and another, a new set—that may possibly be a part of the old set, but I can't possibly say.
JOSEPH KINGSTION GALLARD . I am one of the churchwardens of fche district of St. John's, Holloway—we have a cover for the communion-table exactly like this, but I cannot speak to it so positively as the beadle has done—to the best of my belief, that property was furnished to the church, by the churchwardens of the parish—I can speak more positively as regards the velvet, by examining the table-cover, when this velvet was brought to me when the three prisoner's last apprehended were taken.
Sharpen's Defence. On the night I was taken, I was walking across the road; I saw the bundle lying in the road. I went to it and kicked it before I picked it up. I found it was something tied up, and I opened it, and was looking at the scarfs, and the policeman came up to me and said, "Where did you get them from?" I said I had found them; there was another policeman with him, how could I run away, or chuck the bundle away, with one on each side of me, one of the two must hare picked it up. I know no more about the robbery than yourselves.
Slater's Defence. Concerning the pieces of silk found in my possession; I have had them in my possession nine months; the jacket had been worn six or seven months. As to what the female states, it is only a bit of animosity against us; she lived with a man who is now in prison, and now she is living with a boy about fifteen or sixteen. I know nothing at all about it.
Brown's Defence. I knew nothing about it till the constable came and took me out of my room, just as I was going to bed.
Campbell's Defence. I wish to call two witnesses to prove that I was not there at the time the witness is swearing to; (no witnesses appeared) they were strangers to me. I only know the name of one of them; they were in my company at the time the witness swears to seeing me.
SHARPE— GUILTY of burglary.
SLATER and CAMPBELL— GUILTY of receiving.
BROWN— NOT GUILTY .
Sharpe was further charged with having been before convicted.
JOHN BASHFORD (Policeman, E 147), I produce a certificate (Read; "Middlesex, March, 1859; Charles Jones Convicted of larceny—Imprisoned Nine Months")—I was present at the trial, and know Sharpe to be the man who was then convicted in that name.
SHARPE**— Eight Years Penal Servitude.
SLATER** and CAMPBELL**— Four Years Penal Servitude.
MR. COOPER conducted tlie Prosecution.
EDMUND HATTON . I am a waiter at the Clarence hotel, Aldersgate-street—I remember Mr. Allman, a commercial traveller, being there on Friday evening, 1st November—he came into the coffee-room to dinner—he changed his boots for slip-shoes—I saw his boots afterwards in the coffee-room, under the table—Mr. Allman left the coffee-room for the smoking-room—after that two men came into the coffee-room—they were Wood and the prisoner—they ordered a glass of ale and a glass of stout—the prisoner paid for it—they appeared to know each other and be intimate—after serving them with the ale I left the room—Mr. Jackson, who was staying in the house, went into the room whilst those two men were there—no other person went to serve them.
COURT. Q. How could you tell whether anybody went into the coffee-room? A. I was in and out—I went into the kitchen—I could tell who went out and in by the barmaid's ringing the bell.
MR. COOPER. Q. How long had these men been there? A. About ten minutes—I saw Mr. Allman's boots about half-an-hour before that time—we missed the boots as soon as they were gone—I did not see the boots when the men were there.
Prisoner. Q. Are you not aware that I left Wood in the coffee-room? A. You both went out together.
COURT. Q. Did you see them both go? A. Yes; I was coming up the passage from the kitchen, and saw them both go out together.
Prisoner. Q. Did not you say just now that you were in the kitchen when I went out? A. No—I am aware that Wood has pleaded guilty to stealing the boots—there is a door from the passage into the coffee-room, and that door was open.
COURT. Q. So you could see them go out of the coffee-room door? A. Yes—I did not see anything in their hands; I should have seen it if they had been carrying anything, but when I was coming up the passage, the prisoner Wood was in front of Clarkson, so I saw the backs of both going out—I am sure I saw Wood in front of Clarkson at that time.
JURY. Q. If Clarkson had had anything in his haud, would you have seen it? A. No, I think not; he might have held it before him—I can't say if he had anything.
RICHARD BETHEL . I am assistant to Mr. Lambert, a pawnbroker, of 80, Old-street—on Friday, 1st November, about a quarter to 7,1 received a pair of boots—they were pawned by the prisoner Wood, who pleaded guilty at a former session—5s. was lent on them—I produce a corresponding duplicate, the one that was kept by me.
COURT. Q. Was Wood alone when he pawped them? A. Yes.
EDWARD THOMAS FREETH HANCOCK (City-policeman, 229). I took the prisoner in custody on 16th January; previously to this I searched his lodgings in Mexican-place, Caledonian-road—they were occupied by the prisoner and Wood, who pleaded guilty in November last—in a travellingbag in those lodgings, I found a duplicate for a pair of boots—on finding that duplicate, I went to the last witness's shop—they were pawned in the name of James Smith—I brought the prisoner straight to the station—on the way, he said there was a bag at his lodging in Mexican-terrace, which he wished me to take care of—he described the bag—he said it was his own private property—I found this duplicate with six others in that bag.
Prisoner. Q. Did not I tell you that the duplicate in the bag belonged to Wood? A. I don't think you did—you said there were some papers in the bag that were of very great service to you; in fact, that the contents of the bag altogether were of great service to you—I think you said there was a duplicate of some shirts and other things that were quite right, but they were all your own property—Wood lodged in the same room—there were some papers, and two or three collars also in the bag—I don't think they belonged to Wood—some belonged to Russell, a man who was tried with Wood—there was no portfolio of Wood's in the bag, or any letters—the only things I could find in the bag with reference to Wood, were some cards printed in commemoration of a death which occurred in Hague's family—Wood's name is Hague.
ELIZABETH BOWLES . I keep the house, 5, Mexican-terrace—on 8th November last, the prisoner and Wood took an apartment there—they both came together—Wood looked at the apartment first—they both occupied the same room—the prisoner paid the first week's rent.
JOSEPH CLUGSTON ALLMAN . I am a commercial traveller—on 1st November I was staying at the Clarence hotel—I went into the coffee-room to dine, between 5 and 6 that day—I took off my boots to put on some slippers, and placed the boots underneath the table—I then went into the Bmoking-room—about an hour afterwards I enquired for my boots, and missed them—these (produced) are them.
MR. COOPER conducted the Prosecution,
MARY ANN CONNOR . I live at Pelham-crescent, Notting-hill—on Monday, 21st November, I was on a visit to Mr. Bennett, at the George Inn, George-yard, Skinner-street, Snow-hill—I returned from a walk that afternoon, and went into the bar—I saw three men standing at the bar, but did not take much notice of them—I went up stairs to take off my mantle; it was a silk velvet one, worth about 3l.—as I was going up stairs one of the men came after me—it was the prisoner; he asked me for a light—I had a light in my hand—I told him I had not finished with it, but I would leave it on the landing for him—I went into my bedroom, placed my mantle on the bed, came out and shut the door, and left the candle on the landing—there is a water-closet on that landing—I came down stairs, and in about ten minutes
or a quarter of an hour went up again—my mantle was then gone—there was a bright coke fire in my room—any body could see where the mantle was—this is it (produced).
COURT. Q. Where did you go when you came down stairs? A. Into the bar—I did not see the prisoner come down again—I saw him come to the bar afterwards and go out with the other men.
ELIZABETH NESBITT . I am the daughter of Mr. Bennett, the landlady of the George Inn—on the evening of 21st November, between 5 and 6, three men came to the bar—the prisoner was one of them—Russell and Wood were the other two—they had some drink—the prisoner asked me for some wasts paper—he went out with Wood into the yard—that would not lead him Up stairs—they returned again—I saw the prisoner go towards the stairs after that, and afterwards saw him go out with the others.
Prisoner. Q. You did not see me with it? A. No; Wood came alone
EDWARD THOMAS FREETH HANCOCK (City-policeman). I apprehended the prisoner on 16th of this month, on the road from Holloway gaol to London—I read over each indictment to him separately—in answer to the indictment for the velvet cape he said he did not deny that he had been upstairs, but he had not stolen the cape—I have the duplicate of the cape.
Prisoner. Q. Where did you find it? A. Secreted upon Wood's person, the night I apprehended him.
BRERETON COPELAND (examined by the prisoner). On the evening of 21s. November the prisoner and Russell came to my hotel, and had a chop—after they had been there about ten minutes Wood came in, and stopped about three minutes—it was about half-past 5 when they came.
MR. COOPER. Q. How far is your house from the other hotel? A. About three minutes' walk.
Prisoner's Defence. On 21st November Wood, and Russell, and myslef were going down Snow-hill. I said that I wished to go to closet. Russell said, "Well, let us go into the Old George." We went in, and had some ginand-water at the bar. I enquired where the closet was; Wood told me it was on the first landing. I went up, and saw the lady with the, candlp in her hand, and asked her to lend it me: she said she would' put it out on the landing when she had done with it. I went to the closet, and then came down stairs. Russell and I went to have a chop, leaving Wood there. He came to us afterwards, and I have never seen him since, consequently I could not give him the ticket which the policeman found on him.
GUILTY .*— Imprisoned Two Years.
MESSRS. MACDONLAD and SHARPE conducted the Prosecution.
JAMES DUKE . I am a schoolmaster living at Bower-street, Commercial-road-east—on the night of 12th January I retired to bed about 12 o'clock—before doing so I had locked and bolted She doors, and made the house secure—I took up a newspaper to my bedroom with me, and after reading it for some time I threw it on the floor—in about an hour, or an hour and a half, as I was between asleep and awake, I heard the paper crumpling—I listened attentively, and still heard it crumpling—thinking it was the cat, I
Called out; and as soon I had done so I heard the footsteps of some person going down the stairs—I directly raised the cry of "Police"—I got a light and went down stairs, but did not see any body—the prisoner was brought in by a policeman soon after—I then examined the premises—there is a large area, ten feet deep, in front of the house, protected by an iron railing five feet high—I found a cord tied round the, bottom of the railing, having a small eyelet hole to it—that would enable a person to slip down the area—the fastening of the window had then been opened by some sharp instrument, and the sash thrown up—next day a pair of spectacles was picked up and brought to me—they had been in the kitchen the night before in a little workbox—I had seen them there at 10 o'clock.
MICHAEL DONOVAN (Policeman, K 212). On the morning of 13th January, about a quarter-to 3 o'clock, I was on duty in Bower-street, and saw the prisoner running along bare-footed, with his boots under his arm—he was about 100 yards from the prosecutor's house, running from it—before I could speak to him he said, "He is gone up there; policeman, follow him," pointing to the Commercial-road—I said, "What do you mean?* he said, "On my word, it is quite true"—I asked him what he was doing with the boots under his arm—he said they were his own, that he had just taken them off—I said, "I will soon see what you have been up to"—I took him into custody, and took him down the street—in a few minutes I heard the prosecutor's father hallooing out, "Stop him, stop him," and I took the prisoner into the house—I found on him a lot of lucifers, a bradawl, a knife, a purse containing 6d., and a box containing some snuff—at the station I asked him what he was doing down the area—he said he supposed he was drunk, and must have tumbled down—the sergeant asked him what he meant by breaking the window; he said he supposed he broke it with his toe—he then asked him what he was doing up stairs under the bed, and he said he went up there for curiosity's sake—these spectacles were picked up by a person living in the same street—I did not see them picked up—the prosecutor gave them to me at the police-court.
Primier. I never saw any spectacles.
GUILTY .— Confined Turelve Months.
MR. COOPER conducted the Prosecution.
WILLIAM THOMAS RICKWOOD . I am clerk at an office at 13, Cheapside—on 31st December last, about 9 o'clock, I was coming down Holbom-hill to my office—it was raining very fast—I had my umbrella up—as I was looking in a music shop the prisoner and another boy came up to me, and called out, "Halloo, master" and took my gold pin from my scarf, and threw me down on my back—they gave me a violent blow on the nose, and blood came—I am quite sure that the prisoner was one of the persons—he ran down Fullwood's-rents—I could not tell which gave me the blow—I have never seen the pin since.
Cross-examined by MR. DOYLE. Q. Did these lads come behind you? A. No; right in front of me—the prisoner took my pin—I had never seen him before, to my knowledge—I next saw him at the police-court, iu Bagniggewells-road, last Tuesday—that was eight weeks afterwards—he was with Sergeant Chowne—I knew him directly I saw him—he was not pointed out to me—I knew I was going to see the boy who took my pin—he was standing
alone with the sergeant—I am quite positive he is the boy—the whole thing did not last a minute—it was done as quickly as possible.
STEPHEN ROBSON . I live at 7, New-buildings, Margaret-street, Clerkenwell, and am a cab-driver—on 31st December, about 9 in the morning I was sitting on my cab on the stand in Holborn—I saw a scuffle on the pavement, and Baw the prosecutor on his back—I saw the prisoner run down a court—I did not se the other.
Cross-examined. Q. When did you see the prisoner again? A. At the police-court, and I recognised him directly—I had a view of him for about fifty or sixty yards as he was running—I was on the rank, in the middle of the road—it is not very far from there to the pavement—I saw Him go up Fullwood's-rents—I noticed him the more, because a child was coming out of the court, and he laid hold of the child's arm and swung him round to get by, and I caught his face as he was running—I swear positively trat he is the same boy.
JOHN CHOWNE (Police-sergeant, E 5). I took the prisoner into custody on 24th January, in Bagnigge-wells-road—I told him he must consider himself in my custody for robbing a gentleman on 31st December last, with violene, and stealing his pin—he said, "It is not me; I think you must be mistaken.
GUILTY .*†— Three Years Penal Servitude.
MR. ORRIDGE conducted the prosecution
JACOB FRENCH . I am a watchmaker at 62, Cornhill—I was in my such in the evening of 19th January, about 6 o'clock—the prisoner came in and asked to look at a gold hunting-watch with a white dial to it, which was in the window—my son brought a tray of gold hunters out of the window which contained fifteen gold hunting-watches—I placed them before the prisoner—he directly picked up one with a gold dial to it, saying as preferred a gold dial to a white one—he looked at a number of the saying he and said that his brother had purchased one of me before at 28 guiness—after some time he selected oue for himself at 30 guineas, which was placed on one side for him—he then asked to look at some gold chains—my assistant got several out of the window, which I showed to him, and he selected one at 25l.—I then sat down to make out the account, and by the time I had finished it the prisoner said he should like to have his initials engraved on the seal which was on the chain—he said his initials were R.S. and that his name was Robert Somers—I told him that the engraving of the seal would take until 1 o'clock the next day, at which time he said he would come for the watch and chain—he asked me if I should require a deposit—I told him it was usual in such cases, and he put his hand in his pocket and threw down a sovereign—while I was making out the account, I saw him take up this chain (produced) from the counter—it was one of those which he had been looking at—it is a very pliable chain—lie put it✗ the palm of his left hand, and immediately after that I saw him take up this large chain, and put that into his left hand—he held the two in that way, dangling one end of the large chain over his finger—it attracted my attention—I saw the seal of the small chain distinctly in his hand at the time he was dangling the larger one, so that I knew he had two chains in his hand—I watched his hand very closely, and I saw him afterwards drop the large chain on the counter—I am perfectly confident he only dropped the large one—he soon after that left the shop—I followed him and
beckoned to my assistant to follow me, and the moment we got outside, the door I said something to my assistant, and he brought the prisoner hack—I then told him that I thought I should like to show him one or two other chains before he want and I desired young man to get a tapered wire chain out of the window to show him—that was the chain which I knew the prisoner had got in his pocket—my young man looked through the window, and told me the chain wap not there—that was said in the hearing of, the prisoner—just at that moment I saw under the prisoner's left hand something shining through the fingers—I had seen the prisoner immediately after he came back into the shop pass his left hand behind him, then bearing of the prisoner—Just at that momet I saw under the prisoner's left hand something shining through the finger—I had seen the prisoner immediately after he came and place it on the counter—I the moment I saw something shining through his fingers I went round to the side of the sounter and lifted up his hand, and there was this gold watch—I "Halloo, what watch is this?" taking it up—I looke at to satisfy myself that it was one of my yatohes, and finding that it was, I said, "This is my watch, you have stolen it; you have just now taken it out of your pocket, and you have a chain of in your pocket"—the prisoner made no reply concerning the watch, but he began to talk in rather an incoherent manner, and said, "You charge me with having one of your chains in my pocket, Mr. French; you had better see if it is not upon your counter amongst your other chains"—I said, "No; if it is not there"—but I looked again, and there I found the chain—I had looked in the tray where the chains were when the prisoner came back, and after I had told my young man to get the chain out of the window—the prisoner at that time passed his hand amongst one or two chains on the counter, just touched two or three of them, and said "No; I don't thick I shall change; I shall keep the one I have selected"—before he said that, while my young man was looking for this chain in the window, I passed my hand through all the chains on the counter to see if this one was there and it was not there—the chain is worth eight guineas, and the watch 20l—my house is in the parish of St. Peter, Coruhill.
Cross-examined by MR. M. J. O'CONNELI. Q. Was the gas lighted at this time? A. Yes—my shop is rather large—all the chains were kept in the window, hung up on hooks—it was when he came back into the shop that I saw him handling the chains; that was before I saw the watch on the counter—I did not put other chains before him—I only said I should like to show him one. or two others—the chains were still on the counter when he returned—they had not been removed—I should think there were ten or twelve—my sop was left in the shop while I and my assistant went out—I think they were all Albert chains—there might possibly have been one or two long ones amongst them—they remained on the counter till the policeman, came—when the prisoner selected the watch the tray of watches was removed by my young man, as soon as the prisoner asked to look at the gold chains—I did not see where he put them—I should think from the time I had finished making out the account until ho left the shop it must have been a quarter of an hour—he was not dangling the chain in his hand all that time—he put down the large chain some time before he left the shop—we were a long time talking about engraving the seal—he remained in the shop ten minutes or a quarter of an hour after I saw him dangling the chain, and perhaps seven or eight minutes after he had put it down—he than walked pot of the shop—I walked after him—I did not detain him, because, I thought it was necessary to let his possession in orderd to establish the robeery—it appear that I was mistaken in that point, but I thought such was the case—I was sure
that he had taken the chain, and I am quite certain of it still—I have an doubt that he placed it afterwards on the counter when he was looking over the chains—I don't know how the watch went; I did not see it go—he was in the shop the second time probably three or four minutes before I saw the watch near him—when I said, "This is my watch "the prisonor made no observation—I sent for a policeman immediately, and, as he did not produce the chain, I gave him into custody—I rather think it was before I gave him into custody that I found the chain, or else it was immediately afterwards; but I gave him into custody for stealing the watch—both the watch and the chain were prominent in my mind—after I had seen the watch and under his hand I knew that he must have stolen it, because I knew it was not there when he came back—I had handed all the watches from the counter to my young man—my assistant and I were not half-a-minute out of the shop when we went after the prisoner, and my son was left in the shop during that time—there were two other persons also at the back part of the shop, one a watchmaker, and the other an assistant, both in my employment.
COURT. Q. Did you look on the counter when you came back? A. Yes; I am quite sure that there was no watch on the counter then, nor when the prisoner went out.
WILLIAM SMITH . I am assistant to Mr. French—I saw the prisoner these on the evening of the 19th January—I did not see him take anything—I only got the chains out—I did not assist with the watches—I cleared the watches from the counter before I got the chains out—I am quite sare I removed every watch—when the prisoner returned to the shop with Mr. French, Mr. French asked me to look for a particular chain—this is the chain that he asked me to look for—he described it—I knew it well, for ve have had it in stock for years—I looked in the window and it was not these—during this time the chains that had been shown to the prisoner were lying on the couster—I looked amongst those chains, and it was not there—I looked over every one separately, after the prisoner had come back to the shop—I afterwards saw Mr. French find the chain—I had before that seen the prisoner fingering those chains—it was before he did that that I examined them, and found that the chain was not there.
Crow-examined. Q. Had you taken some chains from the window before that? A. No; Mr. French had shown them—there were no fresh chains put on the counter when the prisoner returned—I fetched him back—I left the chains on the counter while I did so—I was in the shop when the prisoner first came in—he was in conversation with Mr. French altogether, I should think, about an hour from beginning to end—he came in about 6, and it was about 7 when he was takeu into custody—he was only there four or five minutes the second time after I called the police—the police came directly—he was ten minutes or a quarter of an hour in the shop the second time—altogether, including the time that the policeman was there and the first time, it must have been about three quarters of an hour.
GEORGE SMITH (City-policeman, 656). I was called to Mr. French's stop on the night in question, and took the prisoner into custody—Mr. Franch said he gave him in charge for stealing a gold watch, and he had a chain in his pocket—the prisoner said he had not, and asked Mr. French to look over the chains again—Mr. French said it was no use, he had looked over them; but while he was so saving, he passed his hand over the chains that lay on the counter, and said, "Why, here it is; you have put it back again"—I took the prisoner to the station, searched him, and found 3s. 7d., a knife
and a porte monnaie—I asked him his address—he first said Islington, and afterwards Highgate, Islington—he said his father was a miller, and he was in partnership with his father and brother, and that his father had been a miller for thirty years—he gave no other address—he said he would not say any more, as he did not wish to disgrace his parents.
Cross-examined. Q. Did he ask you to search him? A. He did, in the shop; that was just before the chain was found.
JACOB FRENCH , junior (examined by MR. O'CONNELL.). I was in the shop this evening—the prisoner was there about an hour altogether, I think—I saw my father make out the account—I don't know how long he was about it—I saw my father take up the prisoner's hand, and the watch was under if,— GUILTY .—Recommended to mercy by the prosecutor.— Confined Twelve Months.
MR. LILLEY conducted the Prosecution
CHARLES HAWKINS . I am ostler at the Waggon and Horses, at Ealing—on the Monday before the 16th September the two prisoners and another man came up in a cart—the horse and cart was left at the door—they remained there over three hours—the cart and horse remained at the door the whole of that time, in my care—they were in and out of the tap-room and parlour—the tap-room is on one side of the bar, and the parlour on the other—there is a passage which leads directly through the house into the garden, and a staircase leading from the passage up to the first floor—my mistress's bedroom is the first door on the first floor—they were in and out of the house many times that day, and passed along the passage several tinea—on Monday, 16th September, they came again about 2 o'clock, in the same cart, the same horse, and the same harness—I am certain the prisoners are the same persons—they spoke to me many times—Clark asked me the price of beans—I had got three other horses attending to outside—we had no other conversation—they were in and out of the house several times while they were there—they came in and out of the front door, opposite the garden; along the passage which leads up the stairs—they had their refreshments in the parlour, on the left-hand side—they were there for about three hours on that day—they had some half and-half and gave me some gin, and then they went away like a shot—about eight or ten minutes after they were gone I received some information, in consequence of which I took a fly directly, and followed them to Notting-hill—I heard of them all along the road, and lost trace of them at Notting-hill-gate—before I went after them I went up to my mistress's bedroom, and saw that the cash-box had been broken open, and some odd silver and some papers were scattered all about the bed—the door of that room was usually kept locked—I took two police with me in the fly.
Clark Q. How many minutes do you suppose you stopped up stairs? A. Not more than half a minute—there are three rooms on that floor; one sitting-room and two bedrooms, and this room is just at the top of the stairs—you only went tp one drawer—there are four large drawers and two small ones, but only one was broken open—it did not take me long to get into the fly; it was all ready—I did not see you or either of the men go up stairs or come down; you only walked about—you could not go to tne garden without passing the staircase—a traveller was also in the place who I have had for three years—I have seen, him once—John Thorpe is the
man who was lying about in the house—he was out of a situation, looking for employment—I know his father—I saw him about there for a forting afterwards—he remained there some hours afterwards on this day—you asked me the price of beans—that was to take my attention off—I did not lead you in at the back gate and show you a box—I have been in a court of justice before—I was here about some bad money twelve or eighteen months ago—I apprehended the two men on horseback—if I had had the same horse now I should have had you.
Hill. Q. Do you swear that this is the coat I had on? A. It is the same sort of coat, and if it is not the same, I am very much mistaken.
CHARLOTTE MARSHALL . I am landlady of the Waggon and Horses at Brentford—on 10th September I was at home till a quarter to 11 o'clock—I then went to town, leaving everything safe—I left my bedroom door locked—it is on the first floor, and left the key with the barmaid—I left my cash-box locked in a drawer which was also locked—I had just taken out as much money as I wanted from it, and left 116l. a guinea, and a threepennypiece—there was 50l. in notes, and 50l. in gold—they were rolled up in tens—the money was intended for the brewer and distiller, who would have been paid on the Monday—I returned home at a quarter to 5, and found my bedroom door burst open, tearing the lock from the wood-work; the caaly box was turned upside down on the bed, the purse turned out, and the money all gone; the door and and the drawer had both been prised open very neatly—the prisoners had come to my house with another person a the Monday before, in a light cart—this plan of my house is perfectly correct; here is one passage leading to the garden, and the other is in ascent to the bedrooms—the men ran about a great deal—I served clark with a pot of beer—they ran in and out of the tap-room—they brought a rump steak with them to be cooked, and I superintended the cooking—I do not recollect that they went into the garden that day—they eat the rump steak at the tap.
Clark. Q. Do you recollect the numbers of the notes? A. No—the silver was rolled up in pounds for the facility of giving change—the potman has worked for me five or six months—I had no character with him; but his father is well known in Richmond to be a hard-working man, and I took him on his father's credit—I have not the slightest suspicion of his honesty—there were two other chests of drawers in the same room; they were not touched—I believe you gave me a sixpence—you had only a pot of halfand-half between the three—I saw Thorpe near the stairs, but that was after the robbery was over—I had not seen him in the passage the stairs—he has a brother a respectable builder at Feltham.
MR. LILLEY. Q. Had you recently discharged a servant from your employment? A. Yes; but I always found him very honest.
JAMES JERMER . On 16th September I was waiter at the Waggon and Horses—on the Monday before the 16th I saw the prisoners and another party—they were there two hours and a half or three hours—they brought a steak, had it cooked, and were walking about in front of the bar—I saw them go down the passage leading to the garden—they had a cart and a little cob horse—they had their refreshment in the parlour, which is near in the staircase—they walked about both before and after having it, round the garden and into the stable-yard—they went past the passage leading to the staircase several times—I was going up stairs, and was stopped by the parlour bell ringing—a commercial traveller had rung, and one or two of the men were then in front of the bar, but not all three—I went into the
kitchen again; and as I went up stairs I saw the prisoners go to the door to Start—they started in a hurry; it was raining—I did not see them get into their cart—I asked the barmaid whether they had paid; she said "Yes," and when I looked out they were going nearly as fast the horse could go—I then went up stairs and saw my mistress's door ajar—I came down again and told the barmaid—I had been up stain before 1 o'clock and again between 1 and 2—the door was then closed—it was 4 o'clock when I found it open—my mistress's sister and the barmaid, and the ostler all went up—I afterwards went in and saw my mistress's cash-box broken open on the bed, and two or three shillings strewed about—that was not a minute after I saw the men go away.
Clark. Q. Did you see either of us go up or come down? A. No; but I saw you walk through the passage—a person could go into the garden without going up stairs—you did not misconduct yourselves in any way whatever—if I had a horse and cart I should not have started in the if I could have helped it.
Hill. I was never in the house.
LILLEY. Q. Having seen the men on Monday, and again on 16th September, was Hill one of them. A. I have not the least doubt of him.
ELLEN JERMER . I am barmaid at the Waggon and Horses—on the Monday previous to 16th September I saw the prisoners and another man served at the bar—I do not remember that they spoke to me that day—they were there two and a half or three hours—on 16th they came again—two of them went into the parlour, and one into the tap-room to take some steak to be cooked—they were about the house some considerable time after twit—they were outside a long time—after they had eaten their steak they went into the garden and walked to'and fro several times—Hill stayed in front of the bar and talked with me for a quarter of an hour or twenty minutes—Clark came after him from the direction of the garden; that would be up the passage—he remained two or three minutes—I did not see tk third man then—I afterwards saw him at the front door, but which way he came I do not know—Hill and Clark had one pint of half and half; they drank about half and left the remainder—they went away directly Without staying to finish their liquor—they had not been out of the house five minutes before the waiter gave me some information, and I found that my mistress's bedroom door had been forced open, and the cash-box was on the bed, rifled.
Clark. Q. Did you see either of the men go up, or come down, or misconduct themselvest. A. No; there is another entrance into the garden, but I do not know whether that door was unlocked—the stain are not very far from where I stand, but I cannot see them—Hill could see any one go up, he was, in front of the bar, but there was nobody else near the at that time facing the staire—there are two chests of drawers in my mistress's room—I did not know where she kept her money—she gave me her keys, but they lay on the mantel-shelf and had never been touched; if must have been some person who knew the house, to go up and pick the viry room and the very drawer where the money was, or he must have been told by some person who knew the house—I did not know where she kept her money, and could not have gone for it myseif—I will swear Hill is one of the men who was with you; if he has the same coat on, it has worn lighter—I never said that the two men who were with you were dressed in brack—(The vntness's deposition being referred to did not state so).
Hill. I deny being there; she knows I am not the man.
MR. LILLEY. Q. Did you see either of the prisoners in the passed leading to the stairs? A. Yes; both of them more than once.
JOHN SPIKEMAN (policeman, G 200). From information I receive on 9th December, I apprehended Clark in High-street, Shoreditch, aud took him down to Brentford—Mr. Marshall, and the barmaid, and potman identified him as being there on 16th September—he said that he was never in Brentford in his life.
COURT. Q. Was nothing said to him about Ealing? A. No; it is in the parish of Ealing; part of Brentford is in Ealing parish.
CHARLES BLAKE (Police-sergeant, T 34). I am stationed at Brentford—Mr. Marshall's house is in the parish of Ealing—I was at the station when Clark was brought there—I took the charge and he was taken to cell—some two or three hours afterwards I went to him, and he asked me the reason he was charged on suspicion of stealing the money—I told him I thought that suited the charge best, as we did not know how it was taken—he said, "Why not charge me with stealing it?"—I said that It was the safest plan—he said, "Well, I should not care a d—about it, if it was not for my wife and children; what evidence have they got against me?"—I said, that I did not' know, and if I did, I should not tell him—me said, "You might as well tell me"—I said, "I know nothing about it"—he said again, "I should not care about it if it was not for my wife and children; I suppose I shall get a twelvemonth; is it a felony or a larcent or what do you call it?"—I said, "I do not know"—he said, "I am b—if they know which of us it was as took it, for they never saw either of us go up nor yet come down."
Clark. Q. Did not you come to the cell and question me? A. No; you called me there—I did not say each time you were remanded that if you did not say you had the money, or who the parties were who stole it that I would get you remanded again and again—when you came back from the Town-hall the last time and had been in the cell an hour, you called me and said, "You did not tell exactly the truth; I did not say I am b—if they know which one came up; I said, They do not knot if any one went up"—I said, "Clark, you have had time to think, and the evideuce does not suit you."
ROBERT ALLISON (Police-sergeant, T 16). I went to make inqtriries in consequence of an anonymous letter I received—I was in charge it Brentford police-station on Monday morning, 12th December, about 10 o'clock, and Clark's wife, or some pereon who said she was Clark's wife, came to see him—I took her to where he was—he said to her I have got no one to blame but your b—father, and I shall get twelve months over the b—job; he repeated that three times.
Clark. Q. Did not I ask my wife where my cab was, and did she not say, "Father has sold it this morning to get you a solicitor?" A. I did not hear it—you said that it was through a row with her father that you were locked up.
Clark's Defence. On 10th December I was engaged to go to Slough, with my horse and cart, with some gentlemen; on our way home we stopped at the Coach and Horses, Brentford, which I always thought was Ealing; to stopped there about three hours and then went home. On Friday, 16th the two gentleman came to me again and asked me to go to Slough with them. I did so; stopped an hour while they did their business, and on our way home we stopped at the Waggon and Horses. I declined to pay 2s. 6d. or 3s. to put my horse up, as it would not pay me to do so having
to pay the duy; and while we were waiting there, I had conversation with the ostler respecting some corn; he led me into the back garden, which, it appears, is open morning and night. We left the house after stopping three hours. On 8th and 9th December, my father-in-law and I had a bit of a quarrel because he did not clean my cab, and I got locked up, and was then told that'I was wanted for stealing a gash-box at Brentford. I said, f I never did such a thing in my life." When the potman came to identify me, I said, "Have you nothing to say to me? he would not answer; presently in came the head ostlert, I said, "Are you the person who has come to recognise the party who stole the cash-box:" he said, "Yes;" and asked me to allow him to put his hat on my head, which I refused. When I went back to the cell the thoughts of my wife and child came into my head and filled my mind with horror, so that I hardly knew what I was doing, and when the policeman came to the cell, I might, in a moment of agitation, have expressed myself in the manner he says. There are several rooms on the landing, and only one was broken open; there were several chests of drawers in the room, and several drawers, but only one drawer was broken open, and that the right one. The prosecutrix cannot say that any one offered her money in chang to induce her to go up stairs for them to see which room she went to. I have two children in their coffins, and another not expected to live; my wife is waiting to know whether I shall be restored to liberty or not, and I can speak no more
CHARLES HAWKINS (re-examined.) I went to the cell and found Clark tnere—it was 4 o'clock in the morning and very cold—I warmed my hands and said, "What is the price of beer, old fellow?"—he looked down directly—I said, "Your name is James Clark?"—he said, "Yes"—the reason that I asked him to allow me to put my to hat on his head was because I wanted him to speak.
Hill's Defence. They have made a mistake in me; I never rode with Clark in my life, and never was in the house or in the parish in my life.
HILL— GUILTY .*— Confined Eighteen Months.
CLARK— GUILTY . He was further charged with having been before convicted, to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
NEW COURT.—Tuesday, January 31st, 1860.
PRESENT—Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. CONDER; Mr. COMMON SERJEANT; and ROBERT MALCOM KERR, ESQ.
Before Mr. Common Serjeant and the Fourth Jury.
PLEADED GUILTY .— Four Years' Penal Servitude. ,
PLEADED GUILTY —Recommended to mercy.— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
JONES— PLEADED GUILTY .— Confined Nine Months.
MESSRS. BEST and Sharpe conducted the Prosecution.
WILLIAM CALLAHAN . I am an eating-house keeper in Broadway, Hammersmith—on 21st January, the prisoners were in my house—they came in together—they had some coffee, and meat, and bread—there were three of them—they were all together, talking together, and eating together, and sat at one table—after they had paid my little boy 1s. 2d. for what they had had, one of them, Jones or Cadogan, asked me if I could oblige them with two half-crowns for five shillings—I said, "No"—they then asked if I could oblige them with three florins for six shillings—I said, "No, I have not got them"—they stopped in my place 20 minutes or half an hour—Jones asked me if I would allow him to go into the back yard—they left together.
Cross-examined by MR. LEWIS. Q. They were there half an hour? A. I think they were; I wont be sure—I saw them leave—I saw them come in—I was in the shop—I was not looking at them all the time they were there—I looked at Cadogan's face two or three times—he did not hide his face from me at all—I don't know that that was the only time I had seen him—I might have seen him before.
GRORGE BARNARD . I keep the George public-house in Broadway, Hammersmith—on 21st January Jones came into my house with another man—he asked for two glasses of porter, and tendered me in payment a counterfeit shilling—I bent it on the counter and said, "This is a bad shilling"—he said, "I took it at the coffee-shop in change"—he took it and put it in his pocket, and gave me a good one for it—they left the house together and I made some observation to Robinson.
JOHN ROBINSON . I am a coachman, and live at Hammersmith—on 21st January I was standing outside the George public-house—Mr. Barnard spoke to me, and in consequence of that I followed the two prisoners—Mr. Barnard spoke to me just outside the door, and the prisoners were close to me—I saw Cadogan go to Mr. Churchman's to buy some paper—I first saw Cadogan about one hundred yards from the door—I saw the three persons together after the florin was passed—I saw two persons at first—I first saw the third man after the florin was passed—they walked towards London, and I went back to Mr. Churchman's, and inquired what they had done—when I first saw them there were two together—I saw the third man join them close to the Broadway—they remained in my sight about half an hour—they were walking down King-street and back again, and passed the shop, looking in the shop window—I lost sight of the third man when I went to see whether it was a good florin or a bad one—that was not till Cadogan had gone into Mr. Churchman's—I saw Cadogan go into Mr. Churchman's—he remained in the shop about a minute—when he came out he had a roll of paper in his haud—Jones was looking in at the shop window while Cadogan was in the shop—when Cadogan came out, he and Jones walked away together, and then I went into Mr. Churchman's—I received from Mary Ann King a florin—I afterwards gave it to the policeman—I afterwards saw the two prisoners, and gave them in custody.
Cross-examined. Q. When your attention was directed by Mr. Barnard to two persons, was Cadogan one of those persons? A. No; it was not till afterwards that Cadogan was one of the three.
COURT. Q. Was Uadogan the last man that joined them? A. No; Jadogan was one that was standing by Churchman's.
MR. LEWIS. Before they went to Churchman's, and after Jones and the other man came oub of the door did those two go up to Cadogan? A. After the 2s. piece was given.
COURT. Q. Who were the persons who came out of Mr. Barnard's? A. Jones and Cadogan, and the third man joined them afterwards—this is my writing to this deposition, it was read over to me—(This being read, stated, "The last witness pointed out Jones and another man to me as they were leaving the door, I followed them, and when they got about one hundred yards from the door; they crossed over the road and joined the prisoner Cadogau)—that is true—I have sworn to day that Jones and Cadogan came out of the door.
MR. LEWIS. Q. You say it was one hundred yards from the George that you saw Cadogan? A. I followed them, and after having walked one hundred yards, Jones and the third man went up to Cadogan—I never saw the third man till they came out of the George, and then I saw Jones and Cadogan together—before I got to Churchman's Cadogan and Jones were together—Cadogan crossed over the road to Jones—he and Cadogan were together before Cadogan went into Mr. Churchman's shop; I suppose about ten minutes—Cadogan was in the shop about one minute.
MARY ANN KING . I am assistant to Mr. Churchman, a stationer in Broadway, Hammersmith—on Saturday-evening, 21st January, Cadogan came into the shop and asked for half a quire of note paper—it came to 2d.—he gave me a 2s. piece—I gave him 1s. 10d. change, and he left—I put the 2s. piece in the till—there was no other 2s. piece there—some time after Robinson came in the shop, and I gave him that 2s. piece.
RICHARD BENNETT (Policeman, T 128). On 21st January I received this florin from Robinson—I searched Cadogan, and found on him a half-crown, seven shillings, thirteen sixpences, seven groats, four three-penny pieces and fourpence in copper, all good.
Cross-examined. Q. Do you know that he is a general dealer? A. I am given to understand so—he deals in old boots and shoes.
Cadogan statement before the Magistrate was here redd as follows: "I met Jones, and he sent me into the shop for the paper. He gave me a florin which I did not know was bad. I went and got the paper, and was about giving it to Jones, and the change, and was taken in custody.
Cadogan received a good character.
NOT GUILTY .
THIRD COURT.—Tuesday, January 31st, 1860.
PRESENT—Mr. Ald. SALOMONS. M.P., and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq., and the Eighth Jury."
MR. LILLEY conducted the Prosecution.
Bartholomew-close—I was there on Saturday night, 21st January, between; half-past 10 and 11, and saw the prisoner there—I had never seen him before—there was a dispute about paying the proper price for a quartern of gin, but it did not last a minute—I passed through the bar and went out at the back—I afterwards returned, received some information, and went to look after a glass which had been taken away—I went after the prisoner, found him in Bartholomew-close, and asked him to give up the glass which he had taken away—he said that he would not—I said that if he did not I would give him in charge for stealing it—he said that he would smash it about my head rather than give it up—a policeman came up, and I turned my head to tell my sister, who had come up, to go away, and received a tremendous blow on my head with the glass, which was a very thick one, in the policeman's presence—I did not attempt to strike the prisoner before he struck me—I did not use my hand, or make any threat.
Prisoner. I got drunk at the Odd Fellow's lodge and was turred out; a man named Leach was taking me home. Witness. I think you must have been drinking, you were very excited—I did not call you a b—y Irish tailor—I did not know that you were a tailor—you had a friend with you who said, "Give up the glass"—your hand was also cut.
WILLIAM NORRIS (City-policeman, 235). I saw the prisoner in Bartholomew-close holding a glass in his right hand—the prosecutor asked him to give it up—he said that he would not, and rather than that, he would smash it about his head: and struck him a violent blow over the left eye—the glass broken and his face was cut and bled very much—I then took the prisoner in custody—he seemed very much excited and I think he had been drinking—I did not see the beginning of the scuffle—I only heard the prosecutor ask for the glass—I did not hear him say anything about a tailor.
Prisoner's Defence. We had our lodge anniversary on Wednesday, and what we could not drink then we kept and drank on Thursday; I drank brandy and gin and I do not know what. I was turned out of the lodge, and going home I went into this public-house; I knew nothing more till I found myself at the station. It was really an accident, for I do not know how it happened.
GUILTY . Confined Fourteen days.
MR. GENT conducted the Prosecution; MR. MCDONALD the Defence.
GUILTY of the attempt.— Confined Twelve Months.
199. THOMAS WILLIAM PARRY (27) , Unlawfully assaulting Anna Maria Bullock, with intent. Second Count, for a common assault; he PLEADED GUILTY to the Second Count, and received a good Character.— Fined
GUILTY .— Confined Four Months.
MR. BEST Conducted the Prosecution.
Bishopsgate, the prisoner spoke to me and wanted to be enlisted—I told him I could not do it; he must come on Monday—I left him and came towards Bishopsgate-street—I had got 25 or 30 yards—I had my medal on—the prisoner followed me and called me back—I remained where I was, and he came up and gave me a rap on the nose and snatched the medal from my breast—it was a violent blow; I have the mark of it—it stunned me and laid open my nose—he snatched the medal and ran away—I gave information to the police—I saw the prisoner again on the Saturday following, at the Bishopsgate police-station—I am quite Rure he is the man.
WILLIAM SOLERN (City-policeman 336). I was in Half Moon-street on Saturday 21st January—I saw the prisoner following the prosecutor—I lost sight of them, and in about 5 minutes I saw the prosecutor with his nose broken, and his medal gone—he made a charge against the prisoner.
JOHN BARRETT (Policeman H 158). From information I received I apprehended the prisoner on Saturday 28th, about half past twelve o'clock—I told him the charge—he said "So help me God I know nothing about it"—I took him to Bishopsgate station and he was identified.
Prisoner's Defence. I am quite innocent, the street was full of people. Witness. No; there were not half a dozen people in the street.
GUILTY .*— Confined Six Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
OLD COURT—Wednesday, February, 1st 1860.
PRESENT.—The Right Hon. the LORD MAYOR; Mr. JUSTICE WILLES; Mr. Ald. Salomons, M.P.; Mr. Ald. Allen; Mr. Ald. ABBIS, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
205. CHARLES STUART (41), was indicted for feloniously forging and uttering a receipt for the payment of 8l. with intent to defraud; also, for embezzling 11l. 15s. which he had received on account of William Kitchen his master; to which he
PLEADED GUILTY .— Confined Nine Months.
Before Mr. Justice Willes.
MR. LILLEY conducted the Prosecution, and MR. SLEIGH the Defence.
GUILTY of endeavouring to conceal the birth.— Confined Twelve Months.
MESSRS. CLERK. and METCALFE Conducted the Prosecution.
CHARLES CLEMENT CHICK . I keep the Two Spies public-house in King-street, Long-acre—I know John Greggins—he lives at 3, Neale's-yard—on 6th October I gave him a Bank of England note—I took the number and date of the note before I gave it to him—this (produced) is it—(No. 07797, dated 15th June, 1859)—besides taking the date, I put my name on the note—I see it there now.
JOHN GREGGINS . I am a carman—on 6th October I went over to Mr. Chick and obtained a 51. note from him—I wanted to send a quarter's rent to Mr. Andrews, who lives at 31, Leighton-grove, Kentish-town—I gave that 5l. note to my wife for safety.
MARY GREGGINS . I received a 5l. note from my husband on 6th October—it was to be sent to Mr. Andrews at Kentish-town—a Mr. Wise wrote and directed a letter for me—I saw it—it was directed "Mr. Richard Andrews, 31, Leighton-grove, Kentish-town"—I took that letter, so directed, and the 5l. note, to the post-office in Broad-street, Bloomsbury—I was going to send it as a registered letter—I found it was too late; when I got to the post-office it was between 6 and 7, I think—finding it was too late, I took it into Mr. Dawbarne's the grocer's shop—I saw a person of the name of Owen there—I gave him the letter and the 5l. note—he took the 5l. note from me, doubled it in four parts, and put it in the middle of the letter, and then placed the letter in the envelope—I asked him if he would be kind enough to seal it for me, and he did so—the prisoner was there then—he held the taper while Owen sealed the letter for me—after the letter was sealed I received it back again from Owen, and placed it in the letter box with red letters outside the shop—Mr. Owen told me to place it there—he said tome, after he had fastened the letter, u You see I have put it in safe," and I said, "Yes, sir"—the prisoner stood by the side of Owen at the time—I ascertained a day or two afterwards that that letter never reached Mr. Andrews—upon that, I gave notice at the Bank of England to stop the note, and also at the post-office.
Cross-examined by MR. SLEIGH. Q. Can you read? A. No.
THOMAS WISE I live at 4, Neale-street, Soho—on 6th October I wrote a letter for Mr. Greggins, and directed it to Richard T. Andrews, Esq. 31, Leighton-grove, Kentish-town,"—I gave it to Mr. Greggins—that was the only letter I wrote for her that day.
RICHARD OWEN . I am shopman to Mr. Dawbarne, a grocer in Broad-street, Bloomsbury—he also keeps the post-office receiving house there—the post-office adjoins the shop—there is a partition between them, but it does not go to the top—it is on the light hand side as you go in—the counter is on the left hand side—you can go from the shop into the receiving house; there is a door in the shop—I had nothing to do with the duties of the postoffice—in October last the prisoner was also in the employment of Mr. Dawbarne—he was in the shop—he had nothing to do with the post-office—a person of the name of Grunson attends to the post-office, he attends to the money orders—he used to attend from 10 o'clock till 6, though the money order office closed at 4—I remember Mr. Greggins coming there with a letter on the evening of 6th October—she was desirous of registering
the letter, but it was too late—she came about half-past 7—5 o'clock is the latest hour at which a letter can be registered—I told her it was too late—she then gave me the letter that she had brought; it was open—she gave me a 5l. note, and I placed it inside the letter, and then sealed the letter—I called Hartley to hold the taper for me whilst I sealed it—I sealed it with wax, and put R.O. my own initials on it, with my own seal—the prisoner stood by me while I did so—when I had sealed the letter I gave it back to Mr. Greggins—I told her to put it in at the red letters; that is the district box—before she left the shop I said to her, "You see that the 5l. note is put in safe;" her reply was, "Yes,"—after she had gone out I told the prisoner that there was a 5l. note in the letter—nothing else passed then with regard to it—the collection of letters at that office would be despatched at 9 o'clock—they would be taken from there to the West Central Office—I am not in the post-office—nobody is employed there from 7 till 9, when they make up the collection—if a person were to go into the place where the partition is he could have access to the letter-box; it was unlocked—there is a window to the street from the post-office—there are shutters put up at it—we commenced putting up the shutters on that evening at about twenty minutes to 9—they are put up on the outside, and fastened in the inside—Hartley and a boy named Sewell put them up—Hartley generally fastened them inside—after that, shortly before Christmas-day, an officer, whose name I don't know, called at Mr. Dawbarne's—a conversation passed between him and me relative to a 5l. note—he wished for my name—I wrote it down on a piece of paper, and also the name of J. W. Hartley, at the officer's request also—he took away the piece of paper on which those two names were written—Grunson was in the post-office at that time—the officer went there first, and Grunson sent him over to me—after the officer was gone I told the prisoner that I had written his name down on a piece of paper, and also my own—I said that the officer had come about a 5l. note that had been passed at a public-house in Vauxhall—the officer had told me that, and I told it to the prisoner—the prisoner said he hoped it was not the note he had passed at Vauxhall—he said that I ought to have called him, and asked him to write his own name—I had not known, before this, that he had passed a note at Vauxhall—he afterwards complained to Mr. Dawbarne about my having written his name down—I think that was on the next Sunday morning after the officer had come—it was before Christmas—I have seen the note which is produced—there is a signature, "J. W. Hartley," on it, in the prisoner's writing—on 14th January Mr. Dawbarne had some conversation with me about the note—I told him that the prisoner had passed a note at Vauxhall—on Wednesday, a few days after that, the prisoner went with me and some other persons from that house to the post-office.
Cross-examined. Q. Did the officer ask you for Hartley's name, or your own name? A. He asked me for my name, and he also told me to write down Hartley's on the paper that he had written—he had written J. W. Hartley on the top as well as my own name—I wrote the name on the same paper—it was about 7 o'clock that Mr. Greggins came there on this evening.
COURT. Q. When you told him that you had written his name and yours on the paper, what was it he said? A. He said that I ought to have told him.
WILLIAM GRUNSON . I was employed in October, and until January, in the money order business at Mr. Dawbarn's office—one Sunday in October, I can't say which, I was with the prisoner at the Elephant and Castle public-house,
Vauxhall—we had some refreshment, and he passed a 5l. note to pay for it—he was asked to write his name on the note—he wrote something on it in my presence—I was not near enough to see it; I did not look, in fact—before he changed it I offered to lend him the amount, and advised him not to change it—he said it might as well be changed then as any other time—I remember an officer calling, after that, just before Christmas—he came first to me—I referred him to Owen—on that evening I heard Owen tell Hartley that the bank note had been traced to a public-house at Vauxhall, and that he had written Hartley's name on a piece of paper—Hartley said he had passed one at Vauxhall, and it made it look rather suspicious, or something of that kind—he did not say anything more particularly to me than to Owen—I think he said, "You recollect me passing one," or something of that sort—I said, Yes, I recollected his passing it—he said, "Mr. Owen, you ought to have told me about writing my name down on the paper," and that he should speak to Mr. Dawbarne in the evening about it, when he saw him.
Cross-examined. Q. He said, "You might have called me forward when my name was mentioned, and allowed me to write my name myself?" A. No; he said, "You had no business to write my name down; if you had called me forwards I could have written it myself"—when the conversation was about the 5l. note at Vauxhall, he said immediately, "Don't you remember my changing the note?
RICHARD CALLINGHAM . I keep the Elephant and Castle, Vauxhall—I recollect giving change for a 5l. note on a Sunday evening—there were three gentlemen there—I knew one of them personally—I did not know the prisoner; he was a stranger to me—the name of Hartley was written on the note—the person he was with was a young man from a chemist's shop—I did not know his name—I only knew him by sight—the person who gave me the note wrote his name on it—I afterwards paid the note into my bankers, Messrs. Drummond—I think that was the next day—it waa the 16th or 17th October—I see here the note, with the name on it that was given to me—I inquired of all my neighbours to find out the name of Hartley, but could not find it anywhere.
JAKES SANDERSON . I am a clerk at Messrs. Drummond's—Mr. Callingham had an account there—this note was paid in to his account on 17th October last—I do not know when it was paid in at the bank of England.
JOHN DAWBARNE . I am a grocer, of 1, Broad-street—on 6th October the post-office was at my shop—the prisoner was employed in my shop—I remember an inquiry being made by the officers of the post-otfice, about a missing letter; and the police-officer coming to make inquiries of Mr. Owen—I don't recollect the month—the prisoner came to me one Sabbath morning—I don't know what day; about three or four days after the inquiry by the post-office officer—he said, "Mr. Owen has been writing my name, which he has no business to do;"—he said it was about the 5l. note that had been missing—I said, "What of that; you know whether you stole it or not"—he said that ho knew nothing about it—I don't recollect anything further—he never mentioned about changing the note at all, or about having given change for a note at that time. On 14th January I received a communication from Grunson; in consequence of that, on the same evening I spoke to the prisoner—I asked him to account for the 5l. note that he
had changed at Vauxhall—I had not heard anything about any note being changed at Vauxhall, until Grunson made a communication to me—the prisoner said he had taken it over the counter of a man of the name of Johnson—I asked him whether he put the man's name at the back, whether he endorsed the 5l. note—he said, "No"—I asked him what sort of man Mr. Johnson was—he said he wore a moustache and had a cape on—he said he had got the change for the note out of his own pocket—when I give change for notes in that way Tgenerally take the name and address of the person—if a stranger comes into the shop in that way we should always put his name—the prisoner had been with me about three months—there is nothing doing in the post-office between 7 and 9 o'clock—the young men employed in the shop could, if so disposed, have access to the postoffice department, and could get at the drawer in which the letters are kept—a person fastening the shutters inside, would be about a foot off the drawer—the drawer is kept unlocked.
Cross-examined. Q. Could persons also have access to it from the outside? A. To the letter-box for letters—it would not admit a band—I have heard of such a thing as post-office boxes being robbed from the street—the prisoner had been in my employ three or four months—he remained till he was taken in custody on this charge, some weeks elapsing between the matter first being mentioned to me by the post-office authorities and the time when he was so taken; he was living in my house at the very time—the conversation, when he complained of Owen writing his name for him, was previous to that in which I mentioned the note being passed at Vauxhall—it was a conversation on Sunday morning, at the breakfast table—Owen was not present at that time—the prisoner's annoyance appeared to be at Owen's taking upon himself to write his name, instead of calling him to do it himself—during the time he has been in my employment he has given me entire satisfaction as regards his behaviour—he has borne the character, while with me, of an honest, well-conducted young man—I considered him a very promising young man—he said that he had changed the note with money out of his own pocket—I knew when I took him that he had private means, money of his own—he came direct from the country to my employment—in London, we put the name of a person at the back of a note; they don't do that in the country; they know everybody there.
WILLIAM SMEE . I am an officer attached to the post-office—I remember Messrs. Dawbarne, Grunson, and Owen, being at the post-office on 18th January—the prisoner was there also—he was not at that time in custody; be walked down with me and Grunson—the 5l. note which we have seen today was then shown to him—he was told the circumstances at the time of the note being cashed at Vauxhall—Dawbarne, Grunson, and Owen were then present—the prisoner took the note, looked at it, and said, "That is my name, and that is my writing"—he said, "I did change a note at Vauxhall on 15th October"—he said that Grunson was present and Mr. Griffin—I don't know who Mr. Griffin is—he said he was a friend of Grunsorn's—he said he received the note on the 13th, the Friday previous, from a gentleman who came into the shop and asked change for a note, and he gave him change for it out of his own pocket—he was asked if he knew the gentleman's name and address—he said his name was Harris, as written in his diary at the time; he did not know his address—he then took from his pocket this paper—there is written on it "15th, gave change for a 5l. note, name Harris"—the word Harris in written over the top of the line; it is
very faint—the column is the expenditure of that day, 3d.—he was then given into custody.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury. Confined Six Months.
MR. PLATT conducted the Prosecution. MR. COOPER the Defence.
NEW COURT.—Wednesday, February 1st. 1860.
PRESENT—MR. RECORDER, and Mr. Ald. ABBISS.
Before Mr. Recorder, and the Fourth Jury.
PLEADED GUILTY .— Confined One Month.
210. WILLIAM HENRY CONWAY, (25), and GEORGE COOK (29) , Stealing 6 boxes of fruit, value 30s., 1 drum of figs, and 2 boxes of plums, value 6s., the property of George Bower, the master of Conway; to which CONWAY PLEADED GUILTY .—Recommended to mercy.— Confined Four Months.
ANTHONY WILSON MONGER (City-policeman). On 13th January, about 9 in the evening, I was in Fenchurch-street with a brother officer—I saw the prisoner Cook pass down the street with a bundle on his arm—I and my brother-officer stopped him, and asked what he had got—he said that he worked at a wholesale fruiterer's in the city, and they had given it him for a Christmas-box—I looked, and found it was a drum of figs—we asked him who his master was, and he refused to tell us—I thought his pocket looked very bulky, and found in it these boxes of fruit—he said he had that to deliver—I asked him where, and he refused to tell me—I took him to the station, and there he said, "I will tell you who I had them from, from a young man named William, in Botolph-lane"—when Conway was brought in, Mr. Bower, who was there, spoke to Conway, and he said he was very sorry that he had stolen these two boxes, and given them to Cook—he afterwards told Mr. Bower he had been robbing him for a fortnight—Cook afterwards said Conway gave him all the boxes.
Cook. You asked me where I was employed, and I said at a warehouse in Botolph-lane.
Witness. No; you said you worked at a wholesale fruiterer's in the city—I asked what part of the city, and your master's name, and you would not tell me—when we got to the station door, you said you would not get yourself into trouble, you would tell me where you got it—I said, "Don't tell me now, tell my inspector," and you did—I never put my hand on you, but told you to come with me to the station.
JOHN FREDERICK MULLINEUX (City-policeman). I was with the last witness—we stoppel Cook—he declined to tell us where he got the property—he said his master was a large wholesale fruiterer, and this was given him by his master as a Christmas-box—after taking him to the station, I went to his house in North-place, Whitechapel, and found on the first floor these two boxes of fruit.
our service—I have no doubt that all the articles produced, belong to my employer—we have not missed any; out of two or three thousand boxes it was not possible to miss one or two—there is a brand on the figs—the whole of the cargo marked with this brand was" bought by my employer.
COOK DEFENCE . This prisoner promised to make me a present, and he did not do so, and sometime afterwards he said, "It is better late than never,"and he made me a present of two boxes, and some time after he gave me two more; he said, "Don't fear, it is all right." I said, "I don't want to take them for nothing, if you will allow me anything, I will sell them; he said, "Never mind that now, if you get anything, you can give it me." I said "Yes, I wil"
COOK received a good character.— GUILTY .—Recommended to mercy by the Jury. Confined Four Months.
MR. LANGFORD conducted the Prosecution.
The prisoner being a German had the evidence explained to him by an Interpreter.
CHRISTIAN LEWIS HEISER . I am a baker, and carry on business at No. 8, John-street, Limehouse—I know the prisoner—he was in my service about twelve months ago, as nearly as I can recollect—he was with me a few weeks and worked in the bakehouse—he had the whole range of my premises, and knew them well—on Monday morning, 19th December, I was knocked up about half-past 4 o'clock—I went in my shop—I found the shop door open—the police constables were outside the shop waiting for me to let them in—I missed out of the parlour two coats, a hat, a pincushion, and all the money was taken out of the till, besides some from the parlour—I know this coat (produced), and this pincushion—this coat is mine, and it was safe some few days before—this pincushion was my housekeeper's property—she kept it in her work-box—the work-box was open when I came down and this pin-cushion was gone—I had seen it a few days before the robbery—I had locked my house up on the Saturday night—I had double locked tho front door, put the key in my till, and locked the till and put the key in my pocket—the back part of the house was not locked up—a person could come to my shop from the bakehouse, and the men were working in the bakehouse that morning—the hat that was taken was almost new.
ANN KELLYTHORNE . I am the wife of John Kellythorne—on 19th December the prisoner and his wife were lodging in my house—before that day the prisoner had worn a cap, and a day or two afterwards he wore a black hat and a dark-coloured coat—it was a better sort of coat than he usually wore.
212. AUGUSTE CANS was again indicted for that he, being in the dwelling-house of Joseph Kendell, did steal 1 coat, 1 weather-glass, and other goods, value 4l. 8s. his property, and did burglariously break out of the same house.
MR. LANGFORD conducted the Prosecution.
JOSEPTH KENDELL . I am a baker, and live at 263, High-street, Poplar—I know the prisoner—he worked for me as a journeyman up to 7th May, 1859—he was only with me a fortnight—that was quite sufficient time for
him to know the way of my bakehouse—he worked in the bakehouse—on 29th June at 11 o'clock at night I let in at the front door two bakers to work in the bakehouse—I fastened the front door, and locked the door between the bakehouse and the shop—about 4 o'clock in the morning on 30th June I was awoke and went in the shop—the police were in the shop, and the front door was open—I missed a box out of the parlour, and a coat and waistcoat, a pair of trousers, a weather-glass, a ring, and a spoon—these are them—I had had the suit of clothes on the night before, and had seen the ring safe—I had used the spoon for my supper—the door that led from the bakehouse to the shop was fastened with a strong bolt—it could not be unfastened, only from the inside—the person must have made an entry from the back window; there was no other way—the back window was open—anybody coming in at that window would get into the sitting-room first, and then into the shop—I had noticed that sitting-room window; it was partly down—the back of our oven comes into the sitting-room, and, it being warm weather, the window was let down—my house is in the parish of All Saints, poplar—I gave the prisoner in charge after I had ascertained that he sold the duplicates, which, I think, was about the 14th January this year—I asked him how he came by the tickets of my clothes, and I told him I charged him with breaking into my place—I told him I had lost my weather-glass, my suit of clothes, a salt spoon, and a ring, and I said he had sold the tickets to a young man in Seven-dials—he made me no reply—he said he bought the tickets of a young man—I had missed my side-door key, and I told him that I suspected him of coming in on the 7th May, and robbing me of the contents of my till—I had lost the contents of my till at that time, but I never charged him on that account.
HENRY GREIFF . I am a journeyman baker, and live at 5, Little St. Andrew's-street, Seven-dials—I have known the prisoner twelve months—he brought me two pawn tickets one day, and one ticket another day—I bought the two tickets of him; the one I did not buy—I gave him 6s. for the ticket of the suit of clothes, and 2s. for the ticket of the spoon and the ring—I took the articles out—I did not buy a ticket of a weather glass of him, but I lent him 2s. 6d. on it—I put that ticket in my box, and lost it—I have looked for it and have not been able to find it—I saw it safe when I put it into the box, and I have looked in the same box for it—the prisoner said it was a weather-glass he had had from his wife's grandmother—I bought the two tickets of him on a Monday, about the middle of July; I don't know the day—after I had bought the tickets, I went with him to the pawnbroker's—one was in Leather-lane, and the other was in Holborn—the suit of clothes was in Leather-lane and the ring and spoon in Holborn—this is the suit of clothes and the ring and spoon that I took out.
DAVID MCPHERSON (Policeman, 50 R). On 14th January I took the prisoner—I asked him if he had worked for Mr. Kendell in High-street Poplar—he said he had—I told him I should take him in custody on suspicion of stealing a suit of clothes, a silver spoon, a weather-glass, and a ring—I was present when Mr. Kendell asked him what he had done with the tickets—he said that he had sold them to a comrade of his in Sevendials, and had received the tickets from another man—he did not say who.
Prisoner. I bought the tickets—I know nothing about them.
PLEADED GUILTY .—Recommended to mercy.— Confined One Month.
MR. BEST conducted the Prosecution.
JOSEPH HYAMS . I am a general dealer, and live in Dorset-street, Spitalfields—I was in Newgate-market on 17th January, between 11 and 12 o'clock—I saw the prisoner standing near a cart with a whip in his hand—I had some coats on my arm—the prisoner and I got into conversation about a coat; he asked me the price—I said 15s—he said he would give me 9s.—I said I could not take that—he said he would give me 10s.—I said I could not take that—he said the cart belonged to his master, and if I would let him have the coat, he would show it to a friend; and when his master came back, he would pay me—he said he would not be many minutes—that was about 11 o'clock—he went away, and did not come back—I went to the Clothes Exchange in Houndsditch, and gave information about it to the person I bought it of—this is my coat—the prisoner never paid me a farthing for it.
Prisoners. I bought it of him, and gave him 10s. for it.
Witness. No; you never gave me a farthing—you said you would take it and show it to a friend, sell it, and pay me when your master came back—you offered me a price that I could not take.
Prisoner. I offered him 9s. for it, and then 10s—he went away and came back, and I gave him the 10s. and took the coat away.
MR. BEST. Q. Did that cart belong to the prisoner's master? A. No.
CHARLES BROWN (City policeman, 654). I was in Petticoat-lane on 17th January, about a quarter-before 12 o'clock—I saw the prisoner standing by the side of a Jew, who was looking at this coat—I said to the Jew, "Who does this coat belong to?"—he pointed to the prisoner, and I said to him, "Is this your coat?" he said, "Yes"—I said, "Is it your own?" he said, "Yes, I keep it for my own wear"—the Jew said he wanted 12s. for it—I told the prisoner I did not believe his statement, and I should take him into custody, which I did—I asked him his address; he refused to give it—I found the prosecutor soon afterwards.
Prisoner's Defence. I was not offering the coat for sale; the Jew asked to look at it. I had bought it and paid for it.
GUILTY .— Confined Four Months.
MR. GIFFARD conducted the Prosecution.
JOHN FISHER WILIS . I am a cheesemonger—the prisoner was in my service at the time of this transaction, and had been for seven or eight months—it was part of his duty to obtain orders and receive money on my account—he was paid by commission—he was not allowed to deduct his commission from what he received; he was paid it—in September last he went what is called a west journey—he had to call, amongst other places, at Reading and at Great Marlow—in consequence of some matters that came to my notice I wrote to him to tell him to come home—he did so, and my brother asked him what monies he had received—he never paid me 3l. 10s. 5d. received from Benjamin Laws; 2l. 7s. from Henry Golding; or 4l. 5s. 7d., received at Great Marlow.
Cross-examined by MR. METCALFE. Q. While he was at Reading, did you receive statements from him? A. Yes; I received from him statements from time to time—he took a book with him—I have not the book here—here are the papers which were sent up from time to time, in which he
ought to render an account of all the sums he received—these sums are not entered in any of the accounts—while he was at Reading he received money—he would send up to me the account every week, and the statements of these accounts ought to appear in these papers—I found at the end of one of his journeys that he had a balance of 52l. in his hands—that was after the journey to Reading—the balance on one journey was 88l.—I allowed that to remain in his hands, and sent him on another journey—he proposed himself to give security for the 88l.—I asked him if he had got it when he came, and he proposed to give security—I did not say that unless he gave that security I should give him in custody—I said he must find security for the 88l., and afterwards these sums were received.
MR. GIFFARD. Q. Did you ask him to pay over the money? A. Yes; in my counting-house, when he returned to town on 6th or 7th January—he did not pay over the money—that was the 52l.—I asked him at the same time, and in the same place, if he had collected any other sums; he said, No, he had not—the 52l. and the 88l. did not include either of these sums.
SAMUEL WILLS . I went over an account with the prisoner about 11th or 12th December, in my brother's counting-house—(we were then in possession of the other receipts)—that account would include all that had been received by him up to 11th December—he did not give me at that time an account of either of these three sums—I asked him if he had not received some other accounts; he said he had not—I then told him that some of our customers had made an attempt to forge his name to accounts of his, and had done it; for we had receipts for accounts which he had not made a return of—he made no reply—I mentioned no names.
Cross-examined. Q. On what day was it you gave him in custody? A. On 7th January, I believe—in the meantime I wrote a letter to his wife—this is the letter, dated 6th January—I wrote it in consequence of a letter I received from his wife—I am not clear whether this was before I gave him in custody or not—I do not remember the date on which I gave him in custody—I did not show these documents to the prisoner—I mentioned no names, I merely told him I had those receipts.
COURT. Q. You had those receipts on 11th December? A. Yes; he had then to go down and call at other places—while he had that 88l. he said, "This 88l. I'cau't pay you now, but I will when I return"—I had a conversation with him on 11th December; but it was when he came up again that I asked him whether he had received other amounts—that was the same day that I gave him in custody.
MR. METCALFE submitted that as this money was received in Berkshire and Buckingliamshire, the case was not within the jurisdiction of this Court. MR. GIFFARD urged that the offence was the non-accounting for those sums in London. MR. METCALFE, in reply, contended that the offence consisted in the receipt of
the money, and the putting it into the prisoner's own pocket; and that whether he sent the documents to London or not did not mattery at the offence was complete before. THE RECORDER, having consulted Mr. Justice Willes, considered that there was evidence of embezzlement in London, and therefore left the case to the Jury.
GUILTY .— Confined Twelve Months.
THIRD COURT. Wednesday, February 1st, 1860.
PRESENT—Sir JOHN MUSGROVE, Bart. Ald.; Mr. Ald. HALE; Mr. COMMON
SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Confined Six Months.
PLEADED GUILTY .— Confined Three Months and Three years in a Reformatory.
218. JOHN BROOKS (21) , Stealing 2 yards of cloth, 2 yards of lining, and 20 buttons; also, within six months, 2 yards of cloth, 1 rug, 2 ydrds of lining, and 20 buttons, the property of Donald Nicholl and another, his masters; to which he
PLEADED GUILTY .— Judgment respited.
PLEADED GUILTY .— Confined One Month.,
(The sentence was passed by MR. RECORDER on a subsequent day.)
MR. ATKINSON T, for the Prosecution, offered no evidence.— NOT GUILTY
MR. ORRIDGE conducted the Prosecution.
FELIX LLOYD . I live at 49, Greek-street, and am assistant to Mr. Lawrence—on 2d January, about half-past 10 in the morning, I saw the prosecutor in Beech-street, going towards Smithfield—the prisoners followed two or three yards behind him—Scudder put his hand into the prosecutor's pocket and withdrew a handkerchief—Williams was following as close as he could—they then ran down Golden-lane—I spoke to my master, who in my presence spoke to the prosecutor—I saw the prisoners at the station between 2 and 3 o'clock the same day—they are the same persons.
Cross-examined by MR. BEST (For Scudder). Q. How came you to go to the station? A. The policeman came to me; he told me they had got the two men who picked the pocket in the morning—I have known them for a long time by seeing them pass—they live in the neighbourhood, I believe.
WILLIAMS. Q. On your oath, are you positive I am the man? A. I am.
in Golden-lane, at about a quarter to 3 o'clock—that is near Beech-street—I told Scudder I wanted him for stealing a handkerchief of a gentleman, about 11 o'clock in the morning, and charged Williams with being concerned with him; they both denied the charge—I searched them, but found nothing.
The Prisoners' statements before the Magistrate were here read as follows;—Williams says, "I wish you would settle it here. Scudder says, "Pray do settle it; I will never do such a thing again."
Williams' Defence. I work at a shoemaker's. I went home on this Monday between 7 and 8 o'clock, and stayed at home till 1 o'clock, but unfortunately I had a few words with my father, went out, and was taken into custody. There was a good deal of whispering before the witnesses could identify me. I wish to call my father.
ANTONY ROSE . I am a shoemaker, of 34, Gray's Inn-lane—Williams is my son, though he has given the name of Williams—on 2d January he was at work with me for the first time since Christmas eve—he stayed with me till nearly 1 o'clock—a few words took place between us—I thought he was not doing the work that satisfied me, and he said that he should go for a soldier—I thought it would be better for him to do so, and he went away—he had come to work about 8 o'clock in the morning—he did not sleep at my house.
Cross-examined by MR. ORRIDGE. Q. Did not he leave you between 8 o'clock and 1 o'clock? A. He left between 12 and 1—he was with me all that time in my yard at work—he has worked for me ten years—he has worked for no one else as a master—I dare not ask him where he has been when he has not been with me.
COURT. Q. Was anybody else in the room when you were at work with him? A. Only my wife.
MARY ROSE . I am the mother of Williams—he was at home at his work from 8 o'clock in the morning till between 12 and 1, when he went away on account of a few words with his father, through not attending sufficiently to his work.
Cross-examined. Q. How long had he been at work with his father? A. He had been at work for several weeks together; though in Christmas week he was doing very little—he did not sleep at home, as we had not convenience for him to do so—he has been away from me a good many times—he works for different people—Mr. Leach, of Red Lion-street is one—he worked for him two or three weeks—I cannot say how many times he has been away from me, but he has been at work to the best of my knowledge when he has been away—I do not know of his having been in prison—I will not swear that.
ELIZA SCUDDER . I am Scudder's mother, and live at 5, Halifax-street, Mile-end New-town—on 2d January he was at home, at work with me up to 12 o'clock, helping me with some tailoring—I am quite sure he was not out—I do not know Lloyd—I have never seen him before; only yesterday in the Court—I went to Lloyd's master, in Beech-street, and asked him what; the case was, as I understood my son was in custody—he said there were so many bad characters in that neighbourhood that he was determined to give them all in custody, but that he did not know the little one—I did not say anything about knowing my boy had the handkerchief; I could not do that—he is a cigar maker when he can get work—he was at Mr. Robinson's about three months ago—he has been tailoring with me—he has been away from me at work at different places—I do not know of his having been in prison—I will not swear that.
ELIZABETH ABEREY . I live at 6, Thomas-street, Whitechapel—I know Scudder—I saw him at my sister's house, which is his mother's; that is 5, Halifax-street—I saw him first that day about a quarter or half-past 11—I cannot tell what time he left as I came away before he did.
Cross-examined. Q. Do you know Beeoh-street? A. Yes; that is about two miles from Mile-end, New-town.
Cross-examined. Q. Did you see Williams that day? A. I did not.
GUILTY **—. Confined Twelve Months each.
MR. POLAND conducted the Prosecution.
JOHN BENNEY CHALMERS . I am a general merchant of 3, Leadenhall-street—I had some transactions with the prisoner on, or about, 28th July—he called on me, and said that several days ago he had written to Mr. Walker, the storekeeper of the Brighton Railway Company at Brighton, offering to make up fifty tarpaulin sheets at 57s. each, less 2 1/2 discount for cash one month after delivery, and that Mr. Walker answered the application, by calling and telling him to make them up, and to let him know when they were finished—he asked me to take the order off his hands and employ him to make them up at 16s. a sheet—I consented to do so, believing his statement to be true, and consequently I gave an order for the canvas to be sent to his shop by Messrs. Russell—I afterwards paid 75l. for that canvas—I was from time to time to make advances to the prisoner on account—I advanced him 10l. on 13th August, 2l. 10s. on 16th September, 10l. on 24th December, 5l. on 24th October, and 2l. 7s. on 5th November—these (produced) are the receipts for these sums the 2l. 7s., closed the transaction—the payment was made to the prisoner partly by paying for six hundred weight of oil for him at 34s. 6d. per hundred weight, for the purpose of the tarpaulin that would make up the price that made 40l. 4s.—about 3d. October the prisoner came over to the city to tell me that he had just delivered twenty-four of the sheets at New Cross station I saw him frequently after that, and afterwards received this letter from him—(This was signed by the prisoner, and stated that Mr. Walker was very cross that the sheets had been sent in without orders, and that if he did not take them the prisoner knew where to sell them)—I saw the prisoner after that—he told me he had since seen Mr. Walker, who had consented to take forty-nine of them, and the remaining twenty-five were to be delivered at Willow-walk, which is the goods department—that was about 8th November—he said that he had sent forty-nine because the canvas was not enough for fifty—he afterwards gave me this receipt—it is in his handwriting—he also signed this other document—(This was a document resigning all claim against the railway company, for the forty-five sheets, in favour of the prosecutor, who had paid him for the same. Signed, J. Kimber.)—I was to take this bill and receipt to the railway company and get back in exchange their cheque—up to this time I knew nothing of Mr. Walker, or the Brighton Railway Company—I sent them a duplicate of the bill before going—I made it out in the prisoner's presence, and complained to him of the railway company not having paid the first item before—he said that he did not understand it at all; that Mr. Walker had said to
him it would be paid—I sent the duplicate bill with the letter to the railway Company—on 22d December I saw Mr. Walker—I afterwards heard from the Company that they had not received the forty-nine tarpaulins, but I had written them another letter before that, and the prisoner signed it—this is his signature to it—(This was to Mr. Walker, from the witness, stating ilwt if he did not meet certain engagements on the next day, he should be served with a writ; that it was therefore imperative that the account should be paid, or else a writ would be served on the Secretary of the Company).—I went to the accountant's office at 2 o'clock, to see Mr. Walker, but could not get a cheque for my money, and in consequence of what he said I went from him to the prisoner, and after hunting about for two hours I found him in the street, and said, "I want you to come with me to see Mr. Walker, at the London-bridge station"—he said, "I will not come till to-morrow at 10 o'clock"—I said, "That will not do; Mr. Walker lives at Brighton, and is going down this evening: have you delivered all those sheets?"—he burst out crying, and told me that he had not—I said, "What have you delivered?"—he said, "Only twenty-four," the order for which was a recent date, and that if I would not prosecute him he would work it out by making them up without charge—I said, "I cannot trust goods in your hands to make up after what has happened," and asked him what he had done with the canvas—he said he had sold some of it in a manufactured state, and some in an unmanufactured state; that he had got a fair price for some of it, and the rest he parted with for a mere nothing—I said, Had you any order, as you represented to me, at the end of July?"—he said, "I had not; neither did I deliver any of the tarpaulin at the times I specified to you"—I gave him in custody a day or two afterwards—I should not have parted with my money, or allowed him to have the canvas, unless I had believed the statements he made—I should not have given him the 2l. 7s. in November unless I had believed his statement, that he had manufactured and delivered twenty-four tarpaulins.
Cross-examined by MR. SLEIGH. Q. He manufactured tarpaulins for the Brighton Railway Company before, in connexion with you? A. Yes; he derived his profit and I derived mine, but he was paid before the goods were delivered—I have known him about two years and a-half; during which time I have been in business as a general merchant, not devoting myself entirely to tarpaulins—the prisoner has not acted in concert with me in various other lines, he and I deriving a profit; I have sold his canvas but have had no other transaction with him, except the oil which I paid for for him—I have dealt in spirits, but never in conjunction with the prisoner—I did not sell a cargo of whisky through his instrumentality—I did tell him that I knew a man who wanted some whisky, but I did not sell any—I made no arrangement with the prisoner to sell it and divide the profit with him—I recollect having the whisky, and mentioning to him that I had it, but I did not sell it to him, or through him—as regards the tarpaulin, he was the artizan and I was the person finding the materials—there was no other arrangement—I have always paid for the canvas, but on occasions antecedent to this, he had procured the canvas—it has been invoiced to him, and bills have been drawn by him and endorsed by me—I know Russell, a dealer in canvas—in the first transaction the purchase was made, of Russell, by the prisoner, and the invoice was brought to me made out in his own name—Russell used to draw bills on the prisoner which I afterwards endorsed—I had the invoice from Scotland—the canvas in July was
obtained from Russell and invoiced to the prisoner, but without my authority—the bill was drawn payable to my order, and accepted by the prisoner—the prisoner had furnished the Brighton railway with a quantity of tarpaulin as lately as the April preceding, or about that time; but the money was not paid by the railway to him; it was paid to me on his order—I did not give him his share of it—I only employed him as a workman, and had paid him previously for making up 16s. or 16s. 6d. a sheet—before he was given into custody he said that I might have a cheque for 68l. which was due to him from the London and Brighton Railway Company for the two dozen—in my books I have credited Russell with this transaction, they are at my office—the conversation was on Friday, and I gave him in custody on, I think, the Tuesday following, at his workshop—I gave him this work to keep him employed, and decidedly refused to give Jbdm a share in the profits—I declined to take any risk.
MR. POLAND. Q. You told my friend about a transaction in April, did you pay him so much for making up each tarpaulin? A. Yes; so much a sheet—I afterwards received the money from the Railway Company, and it was so on all occasions—I took the receipt to the Railway Company in April and received the money—there was no other transaction of the same kind—I have never received the 68l. from the Railway Company; it is still owing by them.
MR. SLEIGH. Q. When was it he made the order? A. He never made a written order for me for the 68l., but he said he would; but if he had given it me, I should not have taken it.
MR. SLEIGH here stated that the prisoner would withdraw his plea and plead guilty, and would also give an order on the Railway Company for the 68l.
The prisoner then PLEADED GUILTY.—Recommended to mercy by the prosecutor.
Confined Two Months.
FOURTH COURT.—Wednesday, February 1st, 1860.
Before Robert Malcolm Kerr, Esq. and the Eighth Jury.
MR. GENT conducted the Prosecution.
WILLIAM CARNELL . I am barman to Mr. Dunne of the Tower of London—I was in the bar parlour on January 19th, at 4 o'clock in the afternoon—I saw the prisoner and three others drinking in the bar parlour—I went in and out all day, but I left at 4, and did not return till about 10 minutes to 5—they were there when I left—when I came back the prisoner and William May, one of the others, were not there—I had a gold watch hanging in the room, with an Albert chain attached to it—it was on a nail at the back of the prisoner, over a kind of bench—this was in the bar parlour, not a public place—I saw it at 4 o'clock, the last time I was there, and I said to Mr. Dunne, "It is 4 o'clock by the watch"—the prisoner was there—I returned there before 5, and found Mr. Dunne, his daughter, and William O'Brien sitting at tea—the prisoner was gone—as I sat down William May came in and I looked round to see the time by the watch, and found it missing—I gave information of my loss to Mr. Dunne and to the police, as soon as possible—I next saw the
prisoner on the following afternoon, the 20th, in the White Hart public-house, in Whitechapel—he was standing at the bar when I entered—as soon as he saw me he moved from the bar and went back into a kind of passage in company with another man, and I saw him pass his hand to this other man—I said, "I want to speak to you"—he said, "Well, what do you want?"—I said, "Yesterday, when you left the Tower, there was some property missed from the bar parlour"—he said, "Where do you mean? what do you mean?"—I said, "If you don't know what I mean, I can tell you; I missed a gold watch and chain from the bar parlour; I want that returned or I shall give you into custody"—he said, "Oh, if you are hard up for 5s., I can lend you as much"—I said, "It is not the money I want, but my watch returned"—I went for an officer and gave him in custody—I did not hear him say anything else after he was given in custody—I knew the other persons who were in the bar parlour—they were William May, William O'Brien, and Mr. Dunne—I have known Mr. Dunne many years, the others a few months—I had seen the prisoner there before with William May—the property is not found, but I searched at some pawnbroker's in company with one of the city police.
Cross-examined by MR. ORRIDGE. Q. Is this the Tower canteen? A. Yes; the bar parlour is a private room—the sergeants of the staff go in there—Mr. Dunne ranks with them—the prisoner came in with May—they had been there before—the time when I missed my watch was the first time that I had been in since 4 o'clock—I had been to clean myself—Mr. Dunne the proprietor, was in charge of the bar parlour then—when I told the prisoner about missing the watch he seemed indignant—I may have known him a month by coming there—I can't say the exact time—I know how many people went into the bar parlour between 4 and 5—I was not there—I only know what I have been told by Mr. Dunne.
MR. GENT. Q. How were the men sitting when you went into the room? A. The prisoner was sitting with his back towards the watch, close by his shoulder almost; Mr. Dunne was sitting near the bar parlour door; the other two were sitting opposite, on the other side of the room—if any one in the room had taken the watch while Mr. Dunne was there, he must have seen it taken.
COURT. Q. Could the other two men have seen it taken? A. Yes; if it was taken while they were in the room.
WILLIAM MAY . I am an army sergeant and live in the Tower—I was in the bar parlour of the canteen on Thursday, January 19th, at 4 o'clock—the prisoner, Mr. Dunne, William O'Brien, and the waiter, were there—the waiter left at 4 o'clock—the watch hung there at 4 o'clock—I should think it was about 20 minutes after 4 when I left to go to tea—I did not notice whether the watch was hanging there then—the prosecutor was at tea when I came back—that was perhaps a few minutes before 5—when I first left, the prisoner, Mr. Dunne, and Sergeant O'Brien were there—when I came back I found there, I think, Mr. Dunne and his daughter, the prosecutor, and O'Brien—the prisoner was gone—I did not see the watch when I returned—I did not take any notice.
Cross-examined. Q. The prisoner has been in the army, has he not? A. Yes; he has been an army sergeant—I can't say whether he has been the Crimea—I have known him nineteen or twenty years—I don't think he has been in the army all that time—he has worked in London some time in the gun trade with me, at the same sort of work as I have done—I have never heard anything against his character for honesty—no strangers came
into the room between the time of the barman leaving, and my leaving—no civilians go into that parlour—a sergeant would have to take a civilian in.
MR. GENT. Q. If any one had come in between the time of the prosecutor leaving and your leaving, should you have seen them? A. I certainly should.
HENRY DUNNE . I am a free vintner, and keep the canteen in the Tower of London—I was in my parlour on the afternoon of 19th January, between 4 and 5 o'clock—I might have been there a few minuses before, but I know I was there at 4 o'clock precisely—Sergeants May and O'Brien, the prisoner, and myself, were then in the room, and the waiter coming in and out—just previous to 4 o'clock I ordered him to go and get himself dressed; he went and looked at his watch, and said it was 4 o'clock—I saw the watch—he then left immediately afterwards—the prisoner did not say anything to him as he left—I stopped there till 5 o'clock—two or three minutes before the prisoner went away I was called to the shop to serve some one, and whilst serving, he went away—I should say that was about half-past 4 o'clock—I saw him go out while I was sewing—I then returned to the room—no person was there then—I had only left the prisoner there when I went out to serve—the other two had gone—Sergeant May went first—he said he should not be more than twenty minutes away, and the prisoner said, "If you are only going to be away that time I shall wait, because I want to speak to you"—he did not stop till May came back; he only stopped till I was serving the customer, and while serving he went out—it is a double door, with a top and bottom half—he did not open the top door; I saw him go out under it—May had left there perhaps about ten or fifteen minutes—I did not miss the watch until the barman missed it.
MR. ORRIDGE. Q. Have you known the prisoner long? A. Not very long—he came in occasionally with Sergeant May—I have no further acquaintance with him than that.
Jury. Q. When did you last see the watch hanging there? A. At 4 o'clock I saw the barman looking at it—I never saw it after that—from the position the others were sitting in they could not get to the watch without my seeing them—the barman always hung the watch there to see the time—a stranger would have to go through three doors to get into the bar parlour—there is the entrance door, and a door to the shop where we sell the beer, and another into the bar parlour—the bar parlour is generally kept for what we call the staff of the regiment—civilians, when they come in, generally come in with those of the staff.
MR. GENT. Q. After coming back from the shop, did you remain in the room till the prosecutor came back again into the bar parlour? A. After the prisoner went away, I went back again to the parlour, and no person came into the room till Sergeant O'Brien came back—I remained in the room from that time till the prosecutor came—my daughter also came into the room, and the servant brought in the tea-things—no strangers entered the room till Sergeant May came back and asked if the prisoner was there.
COURT. Q. When you went back to the bar parlour did you go under the bottom door? A. No—the bar parlour and the shop are all in a line together—there is a double door between them, but that door is never shut—there is a passage on the outside—they all had to go through that door into the passage—it is not customary for persons to go under the door—there is a counter with the beer engines on it; that goes across the bar—to get inside there you must open the door that the prisoner went out at—the bar parlour is behind the bar—the door into the bar jparlour is not always
open—it was shut when he went out on this occasion—the door is on the left hand side of the bar as you come into the shop, and then you have to turn to the left to get inside the bar—the door into the bar parlour is a double door—the top part is sometimes kept locked—there is another entrance down stairs from the other side of the place—the servant brought in the tea-things there—Sergeants May and O'Brien went out at the bar parlour door—I don't know whether they opened the upper door—you cannot fasten the top part from the outside—they might have gone out under the door.
MR. ORRIDGE. Q. Did the prisoner go out slily? A. I did not think so—both doors were shut—I did not shut them—we always keep them shut—the sergeants could have shut them from the outside—I saw the prisoner go out—he did not go out as they generally go out—he went under the lower half—I just happened to see him when he went out at the bottom of the door—I did not speak to him as he was going out—I did not suspect anything—I have never seen any one else go out at the door in the same way—the officers are going in and out there all day—the door is opening and shutting all day—we always keep it shut—if the top part is open, the bottom part is generally shut—there is a bolt to the door.
WILLIAM O'BRIEN . I belong to the Coast Brigade of the Artillery—I remember being in Mr. Dunne's bar parlour on 19th of last month about 4 o'clock in the afternoon—Mr. Dunne, Mr. May, the prisoner, myself, and the waiter, were there then; no one else—I remember seeing a watch there, hanging on a nail at the back of the prisoner—I saw that last about 4 o'clock, as near as I can guess—May left the room first—I left about five minutes after, I suppose—the proprietor went out at the same time as I did—I left the prisoner in the room in the same place as when he came in—he had kept his place all the time—I came back about five minutes afterwards, there was no one there then—that was, I think, about 20 or 25 minutes to 5—I did not notice whether the watch was hanging there then—I cannot say whether it was there when I went away and left the prisoner there—the time I last saw it was about 4 o'clock—there was no one else on that side of the room except the prisoner—the proprietor was not on the same side.
Cross-examined. Q. Did the prisoner catch you up as you left? A. I cannot say—I did not see that he followed me close up—I walked straight on where I was going, and returned—this was the fourth time I had ever seen the prisoner in my life.
The prisoner's statement before the Magistrate was here ready as follows:—"I don't wish to state anything at present; only on my trial."
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
MARY ANN BARRETT . I live at Old Brentford and keep an ale house—about half-past 8 on the evening of 23d January, the prisoner came to my place, and asked for half a pint of beer—she asked if I would allow her to warm her hands anywhere—I told her we had no room, but there were a few respectable persons in the parlour—I allowed her to go into the parlour—she tried to go out the back way—my husband told her she could not go out
that way, the place was all fastened up; she must go past the bar—when she had left the house ten minutes, we missed the poker out of the bar parlour—it was quite safe when she went in, by the fire where she sat—she came again to the house the next morning—I accused her of stealing the poker—she said she had not seen it—I said, "You had better bring it back again, because you have"—she said, "So help me God, I have not seen it"—the poker is worth 2s.—we have a set of fire-irons to match—this (produced) is the poker—it is my property.
Prisoner. I took it because I wanted to buy some food.
CATHERINE BROWN . I live at Old Brentford and keep a beer shop—on this Monday night, about half-past 8, the prisoner came into my shop and sold me this poker—she said that she wanted to sell it, and that I should have the first offer—I bought it for 4d. and she bought some grocery for the 4d. at my place—I did not ask her where she had got the poker—she had always previously told me that she had property of her own.
COURT. Q. How long have you known her? A. I believe twelve months, more or less—she is married—I have seen her husband—she asked me 4d. for it.
COURT. Q. Does Mr. Brown keep an old rag and bottle shop? A. No; she sells beer and grocery—I believe it is a lodging-house as well—she has not a license for selling beer.
Prisoner. I never received the 4d. I said, "Mr. Brown, will you be so good as to try this poker, I want to procure some food? "and she said, "Yes; what do you want for it?"—I have been in the habit of lodging at her house.
COURT to CATHERINE BROWN. Q. Has the prisoner ever lodged at your house? A. A long time ago she did for one night—I have seen her husband come in at different times with her—I did not know how she earned a livelihood—I asked no questions.
Prisoner. She said, "Jane, what will you have? "and I said, "A penn'orth of bread and some sugar," and some other things—I had no 4d.
GUILTY .—She was further charged with having been before convicted.
JOSEPH IRISH (Policeman, G 301). I produce a certificate (Read:" Clerkenwell Sessions, December, 1852. Jane Ruffett convicted of stealing 2 boots. Confined Four Months")—the prisoner is the same person.—GUILTY.
MR. ORRIDGE. conducted the Prosecution.
JOHN HARRIS (Policeman, T 259) I apprehended the prisoner at half-past 5 o'clock on 24th January—she was coming out of the doorway of the White Swan beer shop—as I was going in at the door she saw me, and dropped this pot (produced) from her mantle—I immediately picked it up—I saw that the name was scratched out—I said, "Where did you get this pot?"—she said, "I picked it up in the road to Turnham-green"—I then took her to Mr. Barrett's, who identified her as being the woman who had taken the poker—I said to her, "Where did you get this pot?"—she said, "I found it down the street, and scratched the name out."
prisoner was at our house that day from about half-past 9 till 1 o'clock—I was in charge of the bar at the time—the value of the pot is 2s. 6d.—when I saw it at 9 o'clock there was nothing scratched out—there was a name on it—these, being the best pots, we never allow them out of the house—the prisoner had about three half-pints of beer that morning—the place where she dropped the pot, the White Swan, was where she had sold the poker—she was coming out.
Prisoner. I don't deny that I dropped it when I saw the policeman, but I did not steal it.
(The previous conviction was here proved as in the last case).
GUILTY.*— Judgment respited.
MR. SHARPE conducted the prosecution.
WILLIAM BEATIE . I was formerly a soldier in the 2d European light cavalry in India—the prisoner was in the same regiment—we were both discharged—we returned to London on the 24th of this month, and went together to take a lodging at a coffee-house, in Queen-street, Tower hill—I had 13 sovereigns and a half in gold, and 5s. or 6s., when I came into London—I can't say exactly to a shilling; and I had a rupee, and a quarter-rupee—when I got my money from the officer, I noticed a George the Fourth sovereign amongst it—I kept the money in a bag with a string tied round my waist, under all my clothes—a bag was afterwards shown to me by Reed the police-constable—I would not say whether it belonged to me, but it was a similar one to mine—during the time I was with the prisoner he had not a bag similar to that, as far as I know—after we had taken the rooms, we went out, leaving our packs in the house—it was between 5 and 6 when we returned—we had some drink in the course of that time, and I had my bag and all the money in it—the prisoner gave me his purse, he said he was going out with a woman—the purse was cloth, tied round with a piece of string—there were two sovereigns and a half in it—I had not got the purse when we returned between 5 and 6—I returned it to him when we came away from the woman—that was just before we were returning to Mr. Crafford's—when we got back, we sat there a minute or two, and then proposed to go to bed—I was a little the worse for liquor, but did not feel it till I came into the house—we went up stairs to No. 11 room and there I got very sick, and began to vomit—the prisoner pulled off my clothes, and put me to bed—just as I lay down, I felt him pull the string round my waist; and I asked him what he was doing; he said "Nothing, Bill, go to sleep"—I soon fell asleep, and did not awake till 11 or half-past 11 that night—the prisoner was not there then—we had arranged to sleep together—I felt for my money, and it was gone, and the bag also—I made a complaint to a boy—the next day I went down to St. Katharine's wharf, and went aboard a steamer that was going to Scotland—I had my passage granted by Government—I was going to my own place—the prisoner was a countryman of mine—he was going to Hamborough, and I was going to Glasgow—we were going part of the way together—the prisoner came shortly after I got on board—this was in the morning about 9 o'clock—I went up to him and said, "Give me my money" he said "What money?"—I said, "The money you robbed me of last night"—he said, quite surprised, "Why I was robbed myself, and lost everything"—I told him I would go and give him in charge if he did not give it me, and I went and got a constable—the bag that I lost was a similar one to
this (produced) made of the very same stuff—it was worn by hanging round I my waist.
Prisoner. Q. Did I state to you any articles that I had lost, when I saw you at the boat? A. You stated you had lost everything you had—a boy went up and showed us the room—when we went to bed O'Brien was there.
COURT. Q. Did O'Brien go to bed? A. I did not see, because I went to sleep—he was in the room the last time I saw him—there was more than one bed in the room—when I woke at half-past 11 he was in the other bed—he was in the room when I woke the following morning—he got up to go to the boat.
THOMAS CRAFFORD . I am a coffee-house keeper—I have got a place at 20, King-street, Tower-hill—on the morning of 24th January the prosecutor and prisoner came to my house and took beds for the night of the 24th—they paid me, and I put their names on the slate, the room they were to sleep in, and the number of the bed—they went out and returned between 5 and 6 o'clock in the evening—I thought them both sober when they came into the house, but the prosecutor became stupid after being in a little while—he could not walk straight—the prisoner was perfectly sober—he said "Well, my friend has been drinking, and I will take him up to bed"—I went up between 11 and 12—the prisoner came down stairs between 8 and 9 o'clock—I was told that he was going out, and I went and spoke to him—I remarked that it was rather extraordinary that he should want to leave after having gone to bed—I took his pack from him, and took it into the bar—I took the slate down and said "What name did you give?" he said, "I gave you the name of Reed"—I then looked on his pack to see if the name of Reed was on it, because it is invariably the case that they steal one another's packs—I found the name of Reed on his pack, and delivered it to him, of course—he said he was going to some friends at the West End.
Prisoner. Q. Did I not state to you why I would not stay in the house, that we were to have two beds, and that when I found only one bed for the two, I would not stay? A. No; there was a bed for each of you—there were four beds in the rooms.
COURT. Q. Did he ask you for the shilling back that he had paid? A. No.
GEORGE READ (Policeman, H 199), On 25th January I went on board a steamer, bound for Scotland, lying on the river—I found the prisoner and prosecutor both there—the prisoner was given into my custody by the prosecutor—I said to the prisoner "You are given in charge for robbing your comrade;" he said "I have been robbed myself; I have lost everything"—I said "Well, you must come ashore"—I took him ashore to the office—I said "Have you got anything about you, or else I shall search you"—he pulled out this little bag and said "I have got 13 or 14 sovereigns and a few shillings; I will count them to you"—he did not say anything about having any rupees—the prosecutor said, "Mind, before you open it, I have got a George the Fourth sovereign amongst mine, and a rupee, and a quarter-rupee"—I found in the bag 14 sovereigns, 2 half-sovereigns, a rupee, a quarter-rupee, and 5s., in silver.
Prisoner. Q. Did not I tell you what I had lost, that I had lost my warrant for my discharge? A. Yes—you did not give me a correct account of the money you had on you—you had thirteen sovereigns; and you said you had lost every thing you had; that you had not got a farthing
Jury. Q. Is there a George the Fourth sovereign amongst them? A. Yes.
The prisoner's statement before the Magistrate was here read as follows:—"I
got drunk; he promised to take care of me, because of my bad eyes. I don't know what became of me; this morning I found myself in a public-house."
Prisoner's Defence. I went and had change in India, and drew fourteen sovereigns; I put them in that bag, tied it round my body, and carried it all the voyage. I got 2l. 12s. from the commanding officer for my services on board. I came ashore at Gravesend; my comrade said he would take care of me, as I had a cold in my eyes; we went into this coffee-house in London; I paid for the lodging. We went and had some drink, and after that came back; when I came up I found a man in the bed I had proposed to sleep in, and therefore I would not stop. I went out and told the landlord I would not stop, on account of that man being in the bed; I went out and got drunk. In the morning I found myself in a public-house, and had to pay a shilling for my kit, which som« one had carried after me.
GUILTY .— Confined Six Months.
OLD COURT.—Thursday, February 2d., 1860.
PRESENT—Mr. JUSTICE WILLES and Mr. Ald. ALLEN.
Before Mr. Justice Willes and the Second Jury.
MR. BEST conducted tfo Prosecution.
DONALD DUNBAR . I am a baker, of 13, Brick-lane—on Sunday night, 8th January last, about 11 o'clock, I was going down Whitechapel—I there saw a female who owed me some money—I went up to her and asked her for it—a disturbance took place, and she was very abusive, and told me she did not owe me any—a crowd collected immediately after—she approached towards me with her fist in my face—on that I pushed her away with my umbrella—then the prisoner spoke behind me and said, "This is not a night for collecting debts"—I turned round, and said, "Mind your own business"—I then turned round to the woman again, and a policeman pushed her away, and told her to go away; and the prisoner came and gave me a violent blow on the ear, and knocked my glasses and hat off—I turned round, and he was sparring up at me again, and I cut him down with my umbrella, and he staggered rather on one side; then he came again a third time, and my umbrella was broken with the first blow; we struggled together, and three more came on me scrambling at my watch, and I said, "Keep away, I shall give him something; keep clear," not thinking for the moment that they wanted to get at my watch; I thought they were going to see fair play—he and I were struggling, aud these three men came on me—we fell down in the road, and these three men, one at my legs; the prisoner fell just at my head, and as he got up he gave me a violent kick on the left cheek-bone; it swelled up in an instant—I got up then, and looked for my hat and glasses, and said to the policeman that was there, "Have you seen my hat and glasses? you are a fine fellow to stand here and not see any thing of this sort;" he told me he did not know where they were—he stood by just at the commencement, but he was turning away this woman while these others were on to me—after that the policeman said something to me—the prisoner was then throwing off his jacket, and running like a madman behind the rest—I cannot say whether he was near enough to hear what the policeman
said—when he got up off the road the policeman told him to go away, and then he went behind the crowd and came round another way—he came back to me; I walked away—the policeman said to me, "You had better go straight home, or you will lose your watch;" and I buttoned up my coat, and kept my hand on my watch—I was walking home contentedly, without my hat and glasses, and they followed me up directly after—when I had gone about forty yards I heard the prisoner say, "I will have the b—'s life or his watch at the b—corner," or words to that effect—when I heard those words I ran across the road to a coffee-shop that was open—before I could get there the prisoner seized me by the arm, and gave me another blow right in the face—several more came on me just at the same time—they struggled with me all the time till I got to the coffee-shop door; and three or four came out of the coffee-shop, and some of the gang got before me and made a noise, and broke some glass—three or four came out of the coffee-shop, and pushed me off the steps with their hands; and there were several on to me then; but the prisoner held me by the hair of my head, and three or four came by the side of me and got my watch—my coat was buttoned up all the time; and I had my hand on my coat all the time, but they got it by some means—I can't tell how the watch was taken; it went—it was fastened to a gold guard—I think the guard was cut—the people all dispersed after that; they ran across out of the mob—there was a mob of more than 100 persons at least; no one interfered on my behalf—the other persons ran away directly after this man let go of my hair, and he ran away after them across the road—my foreman came down then; some one had called at my house and told them that I was ill-used in Whitechapel—I was ill for some time after; I was obliged to put some one in my shop for more than a week, in consequence of the ill-treatment—I have since been attended by Mr. Edmunds, a surgeon—my groin was injured; it was quite well before this took place.
Cross-examined by MR. RIBTON. Q. I believe you were not quite sober? A. Yes; I was perfectly—I don't say that I had not been drinking—I had had a glass, because I had been to see a friend at Hackney—I might have had two glasses; I think I had, but that was the utmost extend—I only went out from my home about half-past 9 o'clock; this was 11—I had not taken any thing at home the whole day, because I am very abstemious—I had half a pint of ale at my dinner; I can swear that was all—I had a couple of glasses of gin and hot water with my friend—I swear that I only had two—I had not been in any public-house—I was perfectly sober—the policeman did not refuse to take the charge in consequence of my being drunk—I do not know that he refused my charge at all—I did not charge any one besides the prisoner with taking my watch—I do not charge him with taking my watch; I charge him with being concerned in the robbery—before the particular time at which my watch went, I did not charge any one with taking it—I did not tell the policeman to take any one into custody for stealing my watch—the policeman saw the first of the transaction—he certainly interfered to protect me; he turned the prisoner away, and thought he was gone; but instead of that, he followed me—there were a great many persons there of the lower order, and no respectable persons, but one lady and gentleman passing by, who said, "What a shame to see a man robbed in this way"—there were perhaps 50 or 100 persons of the lower orders—I should think if there were any respectable people there they would interfere, seeing a man robbed—I knew the parties perfectly well; they were the lowest of people—I never saw them coming into my
shop but as drunk as possible: the woman I am speaking of—on my oath I never struck the woman at all—I pushed her away with my umbrella when she came up to strike me—I had the umbrella in my hand, and I put my hand out to push her away from my mouth as she came up, swearing she did not owe me a b—y farthing—I just gave her a gentle touch with the umbrella—I pushed her with both my hand and umbrella—it was a lady's silk umbrella—it was smashed with the first blow on the prisoner, and it went to pieces—I struck him to defend myself—I did not threaten that I would cut him down first—I did not use the words, "Cut him down," at all—I said, "Keep away, or I will give you something," but three of them came on me at the same time, scrambling at my watch—my coat was not buttoned then—when the prisoner was coming up to me in a fighting attitude, I cut him down with the umbrella; he did not go down—I did not cut him down, but I struck him with the umbrella, somewhere in the face or head, and the umbrella broke—I do not know whether the steel ribs broke—it was done as he came sparring at me the second time—the blow by which I cut him down, completely smashed the umbrella—he struck me immediately after that and before also—when he came up to me first he did not say it was a shameful way of treating a woman, after I had pushed her with the umbrella—he said, "This is not a night for collecting debts," and then there was a cheer behind me from some more—he did not say in addition to using the words, "It is not a night to collect debts in," "It is a shameful way for you to be striking a woman"—not a word was said about that—when I spoke to the woman, I said, "Mr. Whitehead, when do you mean to pay me some of this account you owe me; a long standing account, three or four years, and not seeing you near my shop for twelve months"—there was no angry altercation between us before—the crowd collected, only just for a minute—she said, "I do not owe you a b—y farthing"—I said, "You do; how can you say that, when you paid me 1s. 6d. off since Mr. Dunbar was dead"—then she began to be abusive, and came up to me with her fist in my face, and then I pushed her away with the umbrella—immediately after that, I had the blow on my head, which struck off my hat and glasses—that was from the prisoner—he was next to me—he was coming up again, and then I struck him with the umbrella, and it broke—the policeman was then turning this woman away at the corner—this was a little way from the corner—I don't know that the policeman saw me cut him down with the umbrella, as he was turning the others away—I do not know whether he saw the prisoner strike me—I told the policeman when we got up from the struggle, "You had better take me or this ringleader to the station; you had better take them to the station, for you know perfectly well what they are after;"—and he said, "I think you had better go home or you will lose your watch;" there was a great crowd at that time—the prisoner and I both fell in the road, and three more came on me, and held me down—he got up and gave me a kick in the face—then the policeman came round and said to the prisoner, "Now you Tom go off, get home"—the prisoner then ran round, and threw off his jacket—I don't know whether he wanted to have another round with me—he did not say he would have it out with me; nothing of the sort—I did not see him take his coat off—I have been told he ran behind the mob—I heard him call out, "I will have his life or his watch"—that was after he had followed me up about forty yards from the place where it commenced—I should say about six or seven followed me—they were not shouting after me—they came up, some before me, some at my side, and said, "I know who
has got your hat and glasses"—they were not shouting after me for striking the woman—I was just close to the prisoner then, by the dead wall of the workhouse—some were before me, and some behind me—he was tho only one in a flannel jacket; the rest were in shooting coats—I walked on a few minutes longer and then ran across the road to the coffee-house, and then the prisoner seized me in the road—there were about six or seven of them about me then, and another crowd coming close behind—I can't tell how far the crowd was off—my face and eyes were blackened—I know there were about six about me—at the time the words were used, there were six or seven by me—there might be more behind me; I do not know how close—there were not fifty about me at the time those words were used—I was examined before the Magistrate—there might have been fifty behind me but not round me—(The witness's deposition before the Magistrate being read, stated: "I should say fifty men came round me, and I heard the prisoner say," I will have his b—y life or his watch")—that is correct—I say there were six or seven before me, and more behind—this occurred near the Pavilion, in Whitechapel-road—I should say the coffee-shop is nearly a quarter of a mile from where it commenced—I did not strike the woman at all—the prisoner never said he would have it out with me for striking the woman—I was not a long while on the ground on top of the prisoner—we struggled, and fell, and the policeman came and took him away—there were about one hundred people round me at the coffee-shop—I know the watch was not gone before I got to the coffee-shop, because I had my hand on it—there were then about six or seven persons about me when it was taken—the hundred people collected after it was gone—the prisoner was the last of them—he had me by the hair of my head as the watch was taken, and two others held my arms behind—he was kicking and striking me all along—I do not know the owner of the coffee-shop—I have not been there since to make any inquiries.
CHARLES SEELEY . I am a sailor, and live in Mile-end-road—on 8th January last, about ten minutes past 11, I was walking down Whitechapel-road—I saw the prosecutor there—he was before me, I followed behind him; I dare say I was three or four yards off him—I heard him say to a woman there that she owed him a great account—she said, "No, I don't; I paid your wife before she died"—he said, "No, you didn't"—she said, "I don't owe you a b—y farthing," and with that she came and put her fist in his face—he just shoved her away with the umbrella, when the prisoner said, "This is not a night for collecting debts"—the prosecutor did nothing, but the prisoner hit him at the side of the ear, which knocked his hat and glasses off—they were immediately picked up, and ran up Queen Anne-street with—I did not see what became of the glasses—the prisoner sparred up to Mr. Dunbar, who hit him across the face with his umbrella—he was coming the third time to him again, and he and Mr. Dunbar had a wrestle, and then a mob was all round him—they both fell into the road together—the policeman came up, and the prisoner got up and kicked Mr. Dunbar in the left eye—he asked the policeman where were his hat and glasses—the policeman said, "I do not know; do you think I have got them; you had better go on, or you might lose your watch"—there was a lady and a gentleman who said it was a shame—the policeman said, "Well, you had better go on, or you might be served the same"—then Mr. Dunbar said to the policeman, "You had better take me or the prisoner into custody"—nothing else was said—Mr. Dunbar then went on—he had got two or three yards when the prisoner and two or three more came after him first, and then a lot behind them—just before they got to the end of the workhouse,
Mr. Dunbar turned round and recognised him, and he said, "No, it was not me"—Mr. Dunbar said, "I know it was you," and then went on again, and the prisoner said, "Well, we must have his b—y life or his watch, at the corner"—Mr. Dunbar walked on about three or four yards, and crossed the road, when the prisoner ran out from the inside of me, caught hold of him, and began hitting him, and the other three began hitting him—he got away from them, and got as far as the coffee-shop door, when the prisoner took hold of him by the hair of the head, with his knee in his back—while he was in that position I saw one on the left side punching him, and the other one on the other side trying to get his watch, till the watch was taken—I saw another man, whom we have not got, take the watch, but there was such a lot there I durst not say anything—he crossed the road, up St. Mary, street, and the prisoner followed him—the other man was trying to take the watch all the time—after the watch was gone, the prisoner ran after the man that took it, across the road, and then they all went except a few that had nothing to do with it—a mob of persons came round.
Cross-examined. Q. Who was the other man? A. I know him if I see him, but I do not know his name—I do not know anything about the watch—I was there from the beginning to the end—I did not know one of the persons about there—they were not perfect strangers, some of them live about that part—but there were none but the Queen Anne-street gang—I have never been convicted at all, and never charged with any offence—I was never convicted of stealing lead from Hackney-park—there was never any charge against me—on my oath I was never committed for stealing any lead from any park—I was never tried for any offence at all—I was before a magistrate just for getting in a row once—that might be ten or twelve years ago—the row was in Deal-street—I did not get anything at all for it; I was discharged—I swear that that is the only time I have ever been before a Magistrate—I was never convicted of stealing meat—I live at 1, Pelham-street, Mile-end New Town—I have lived there for just now upwards of twenty years altogether—I was twenty-one yesterday—I am a seaman—I get my living now by working at the London docks—it is between seven and eight months since I have been out as a seaman—I was a seaman last on board the Rose, of Goole—I gave it up because I did not care about going any more, I have had so many accidents—I have been away from home about fifteen or eighteen months at a time as a seaman—the place I have mentioned is where my mother and father live; they live there now—I durst not interfere on this occasion—there was no policeman there for a quarter of an hour after the prisoner left—I saw the man with the watch run away—I distinctly saw the prisoner run away across the road after the man that had the watch—(The witness's deposition being read, stated:—"They went away then, but the prisoner stayed till the last; I saw the watch in the hand of one that ran away with it; the prisoner left him and ran off in the same direction as the others")—The prisoner did remain till the last: I mean till the watch was taken—the man that took the watch was the first that crossed the road, and the prisoner was the second after him—he was the last one there—there was no one after the watch was taken: I could not see any of the others, or I should have given them in charge when the two policemen came up, but there were none of the others—there were five or six on to the prosecutor, but the man that took the watch ran first—the prisoner had the prosecutor by the hair of the head, and when the prisoner went away the prosecutor got up, and then gentlemen and ladies came up—they might all have gone away together, but I watched the prisoner go
across the road after the others—he was the last man I saw having hold of Mr. Dunbar—I have been at work till this last fortnight, when I have been at home at my father's—I was at work on the Saturday before this happened—I had been at work three days that week, Saturday, Thursday, and Monday—I was not at work the week before, but I was the week before that—I left my place where I was recommended to, in the London docks, a fortnight before Christmas—I have not seen the prosecutor since this transaction—I have never called on him, but his father has called on me.
MR. BEST. Q. At the coffee-house door you say the prisoner had hold of him by the hair of his head; were two or three round him? A. Yes—I saw the watch go and could swear to the chap—the prisoner was still holding the prosecutor by the hair of his head—the man that took the watch was in a black coat—he was on the left-hand side of him, and I was at the left-hand side of this man—there might have been three or four round him at that time—the prisoner had hold of the prosecutor by his hair, and he was bent double—about a minute or a minute and a half after the man had got off with the watch, the prisoner let go the prosecutor's hair and ran after the man, and the other men were gone before I could see where they were gone to—I cannot say whether they went before the prisoner let go the hair—I was noticing the man that took the watch, but, there was such a lot of the gang there, I could not befriend him—I got two black eyes last Friday night from four of them.
JURY. Q. This row began at the corner of Baker's-row? A. No; by the Star and Garter, opposite the lamp—I do not know whether it was a boy or a man that ran away with the hat—I saw it picked up—there were not so many persons there then—I do not know the name of the street he ran up, but the public-house at the corner is called the Star and Garter.
THOMAS HARRIS (Policeman, H 81). From information I received, I went to Queen Anne-street, on Wednesday, 11th January—I there saw the prisoner in the passage—I said, "Go into the room, I want to speak to you"—I then said, "You have got a mark on your face"—I did not charge him with anything before that—he said, "Yes; he struck me with the umbrella first, I struck him back again, but I know nothing about the watch"—I said, "You are not asked to say anything; whatever you do say I might use in evidence"—he then said, "He struck me first with the umbrella, I struck him back again, but I know nothing about the watch"—I then called Mr. Dunbar into the room, and said, "Do you know this man?"—he said, "Yes, that is the one"—I said, "What do you charge him with?"—he said, "With assaulting me, and being concerned with others in stealing my watch"—I then took the prisoner to the station.
Cross-examined. Q. Then you are not the constable that was there on the night of the transaction? A. No; I am given to understand 77 K was—it can be found out—he is not here—there is an attorney instructed for this prosecution—I do not know of any inquiries being made of the policeman who was present—I know him personally—I do not know that that was his beat—he does not belong to the same division as I do—I do not know whether the attorney for the prosecution has communicated with him—it was not the attorney for the prosecution who told me to take this man—I saw him first in the passage at 19, where he lives—the robbery was not talked about a very great deal in the neighbourhood—I did not hear anything about it till the Tuesday—I think it was from some information that I received, that I went to the prisoner's house—I went there in the evening, about 6 or a quarter past—I believe he is a bricklayer's labourer—I said,
"I want to speak to you, go inside," he did so—then he said, without my telling him anything more, "He struck me first; I struck him again, but I know nothing about the watch"—I had not mentioned the watch at that time—he lives not above 100 yards from where it happened.
JAMES EDMUNDS . I am a surgeon, of 2, Spital-square—I examined Mr. Dunbar a few days after this happened; I am his medical attendant—I found that he was ruptured on the left side, and bruised over several parts of the body, and over the legs—there were some slight bruises about his eyes; nothing of any importance—it is impossible to say whether the rupture was a recent one or an old one; it was apparently a recent one; it was not a very old standing one—it will be necessary for him to wear a truss in consequence of it for the rest of his life—such an injury would be produced by a violent struggle.
Witness for the Defence.
MARY LINDSAY . I live at 17, Wood's-buildings—I remember the Sunday night when this row took place—I was with the woman that Mr. Dunbar accosted—I was in for my supper beer at the Star and Garter, and came out with Mr. Whitehead—Mr. Dunbar met her and asked her for some of the money that was due to him—she said that she did not owe so much as he said; with that he called her a false woman, using rather abrupt language, and hitting her with his umbrella twice, and he made aim at me, and I never saw the man in my life before—he was not sober—he was really drunk, in my opinion—he was flourishing his umbrella about—he struck Mr. White-head once across her nose, and in the side of her face—a crowd did not come round while we were there; we did not see one—I went away with my beer with this woman—I did not see any one come—we went home immediately—I do not see Mr. Wills here—I did not see him here yesterday to my knowledge.
Cross-examined by MR. BEST. Q. Is Mr. Whitehead very well now? A. I believe so—she is at home—Mr. Dunbar was really in liquor or he would not have acted so—he could not stand straight, I am quite sure—he struck Mr. Whitehead across the face with his umbrella without her saying a word to him—she had not said anything improper to him; only that she did now owe him so much as he said—she did not raise her fist to him at all—I did not see her walk towards him—we went away together—she did not walk towards Mr. Dunbar in my presence; I was with her all the time—she did not shake her fist at him at all during the whole time I was there—he struck her without anything being done at all.
MR. RIBTON. Q. How long have you known the prisoner? A. For some years—I have known him in the neighbourhood—he is a bricklayer by trade—I never heard anything against his character for honesty—I know where he lives—there could hardly be any imputation against him without my hearing it—I do not know Mr. Wells, an undertaker.
COURT. Q. Was there anybody behind Dunbar when he struck Mr. Whitehead? A. No; there was only our two selves—we went away before anybody came up to him.
GUILTY .— Seven Yean Penal Servitude.
NEW COURT. Thursday, February 2nd, 1860.
PRESENT—Sir ROBERT WALTER CARDEN, Knt. Ald; and Mr. RECORDER.
Before Mr. Recorder and the Seventh Jury.
MR. METCALFE conducted the Prosecution.
SAMUEL BEVAN . I am clerk to William Bevan, solicitor, of 6, Old Jewry, city—in consequence of information I received from Brussels I went on 29th or 30th December, with Spittal the detective, to a coffee-shop, 34, Brewer-street, Golden-square—after waiting there a little while the prisoner Gilson came in—I addressed him in French, and asked him his name—he said it was Auguste Gustave Gilson—I think he said nothing else at that time—he wrote on a small piece of paper, in the coffee-house, his address, "15, Leicester-place, Leicester-square"—Spittal asked him if he knew the name of Wastone—he denied all knowledge of the name—he was then asked his occupation—he said he was acting as commissionaire for a gentleman in the City, at a shilling a day—he was then asked to point out the office of his employer, and we got into a cab for the purpose of going to 29, St. Mary-at hill, where he said his employer had an office—he said he came to that coffee-house to receive letters addressed in the name of Wastone; that he usually called for and received them there—I don't know that he named the person who he said employed him at St. Mary-at-hill—on the way there he was asked the position of the office that his employer occupied in the house, and he described it to us; the second floor room at the back—on arriving at the door, and before going in, he gave us a description of the furniture and room—he described a writing-desk and inkstand and other things—when we went in, instead of what he had described, we found a tailor's goose and board, one or two pieces of cloth, and a lamp—we could find no indication whatever of a person named Wastone—when he was first accosted by us he denied all knowledge of the name of Wastone: when he said he called for letters he then admitted that he went by the name of Wastone—I saw Spittal take a letter and envelope from his pocket at the station-house addressed to the secretary of the General Post-office—it is merely to inform the secretary that he has changed his address to 11, Meard's-court, Soho—I received these four letters, (produced) signed Wastone, from the vice-consul at Brussels—I also received two letters, dated 21st and 28th December, signed De Hatford—they were also sent by the vice-consul of Brussels—I have translated these letters, and have copies with me (produced).
JOHN SPITTAL . I am a detective officer of the city police—I went on 30th December with Mr. Bevan to Brewer-street, and there apprehended Gilson—the conversation between Mr. Bevan and the prisoner was in French—I did not speak in French—I spoke to the prisoner when we left the coffee-house, and addressed him as Wastone—he said, "No, no"—we then returned to the coffee-house.
SAMUEL BEVAN (re-examined). The name of Wastone was first mentioned in reference to the letters which he came to the coffee-house to receive—I remember going out of the coffee-house and returning to it—I don't recollect asking who Wastone was; it is very possible that I did.
JOHN SPITTAL (re-examined). In the coffee-house the prisoner wrote the name of Wastone on a piece of paper, and I think the address also, 29, St. Mary-at-hill—in consequence of what Mr. Bevan told me that the prisoner stated, I took him there—he wrote all that is on that paper—we went to St. Mary-at-hill—the description of the room was given, and instead of its corresponding to what he gave, it turned out to be a tailor's room—I then took the prisoner to Vine-street police-station and from there to Leman-street, where he was charged—I found the letter that has been mentioned
addressed to the post-office—the next day I went to Leicester-place, Leicester-square—on the paper the prisoner had written 15, Leicester-place—I understood from Mr. Bevan that it was 5, Leicester-place—I took the prisoner with me in the cab, and we passed the house and he pointed it out—that was 5, Leicester-place—we went into the first room on the fourth floor, which was pointed out by the landlord—I there found this photograph (produced) of a painting by P. Van Schendel—I believe it is called, "A Visit to the Infant Jesus"—Monsieur Van Schendel's name is on it—I found it in the cupboard in the bottom part of a washhand-stand—in a drawer of the washhand-stand I found this draft of a letter, or letters in pencil, marked G (produced)—it has been translated, I believe—I believe there are two drafts of letters, but as I do not understand French I do not know—it is all on one paper—I found several papers, letters, addressed to the prisoner in the name of Auguste Gustave Gilson—on 3d January, the Tuesday following, I went to 20, Bouverie-street, in consequence of some information which I had received from different sources—I found there a painting such as I had had described—this (produced) is a photograph of it—it is a very large picture, called "The General in Retreat"—I found it in the parlour of 20, Bouverie-street—it was'delivered up to me by the landlady of the house—I went up to a small back bedroom on the third floor—in a portmanteau in that bedroom I found several foreign letters, and also a bill of lading and other documents that are in evidence—I found one paper marked H, two letters, each marked J, a bill of the Steam Navigation Company's charges, and release for freight, a paper marked K, two drafts of letters marked L and M respectively, and a number of letters directed to Anderson and Company (produced).
MARY COBBETT . I live at 34, Brewer-street, and keep a coffee-shop there—I know Gilson—before the time of the police coming he had been in the habit of coming there for letters addressed in the name of Wastone, which is the only name I knew him by—I never knew him by the name of Gilson—I never heard of his having any other name than Wastone—I never called him by name; I never had any conversation with him—I can't say exactly how long he had been in the habit of coming there for letters in that name—he had not many letters; not above five or six, as near as I can tell—it might have been six weeks before the police came that he first came for letters.
GEORGE ETHERINGTON . I am the landlord of 5, Leicester-place—the prisoner Gilson lodged there, in the room into which the police were shown by me—no one else lodged there—he came to me in the name of Medora—I did not know him at all as Wastone or Gilson—he gave me the name Medora himself, in writing—I have not got that; I destroyed it—I have it as I entered it in my book.
Gilson. I received two letters while in your house addressed as Gilson. Witness. He received one in the name of Gilson and one was returned to the post before we had ascertained that he had assumed that name.
JANE PEACHEY . I live at 20, Bouverie-street, Fleet-street—the prisoner Edouard lodged at my house—I knew him by the name of Edouard—he occupied the third floor back room—that is the room into which I shewed the constable—it was his portmanteau that the policeman saw—I first heard of this transaction about the pictures on 2d January—Edouard had not given up his lodgings at that time—we saw an account of the transaction in the newspaper—2d January was the day that we read the account of the examination of Gilson to Edouard—on that he asked me
to lend him the newspaper, and he went up stairs; in about ten minutes he returned the paper—he left the house that day—he said that the picture had cost him a great deal of money and he should send a solicitor—he did not return to the house at all after that—before reading the paper I had seen a picture—this photograph (produced) represents the picture—the picture was first in the passage and then in our parlour—I had seen it in the passage on 24th December—I don't know how it came there—Edouard had a latch-key; he could go in and out as he liked—I assisted him in carrying—it into the parlour—he said that he had got it to sell, and that he was to have a commission on it.
Q. After you had read the examination in the paper to him, and found that he did not return to the house, did you immediately go up to Messrs. Lewis and communicate with them? A. Mr. Lewis knew of it before that—I did not communicate with him upon that—I did after we had seen the examination in the newspaper—the picture described in the paper was the same subject as that in the parlour—we gave it up to Spittal the officer.
Cross-examined by MR. SLEIGH. (For Edouard). Q. Has Edouard been residing at your house about eighteen months or two years? A. About eighteen months—he said he had the picture to sell, and was to have a commission on the sale of it—he said that when I assisted him into the parlour with it—that was the first observation he made to me about the picture—Mr. Elisha is my husband—when Edouard went away this time, he said he was going away for a week—he is in the habit of going away sometimes for two or three days together—he has often done that while he has been with me—I cannot say that he has been away for a week—it is no unusual thing for him to go away for days, and then come back again.
SAMUEL BEVAN (re-examined). Here is a draft of a letter found in Gilson's room—it is in pencil and has no date—here is the translation of the letter sent to Monsieur Van Schendel, and Gilson's draft of the letter also—these are the identical notes from which the translation was made—(Read: "To—In a little time my wife will come to join me; be good enough also to hand her the account of what I owe you. I will endeavour to send you something when I shall have a little recovered from the state of misery in which I now am; I am hoping to get a berth in a business house as correspondent, with a salary of 100l. per annum. Ah, since I have been here, I have learnt which way the wind blows; the good and the bad quarters; companies of all sorts; the very freebooters of commerce. There are even houses of business here, who, for a commission of 5 per cent, accept bills for tottering houses, which on their bankruptcy then show an apparent bond fide loss. This fact may serve your purpose for good or for evil in your profession to save the interests of your clients. If at any time you desire to make any inquiries here, pray command me. I shall always hold myself at your disposition to communicate them. A day will arrive when I shall be able to give you the key to this history in its full detail, for I very much regret what I have done, as they have not kept their word as they promised, but, on the contrary, have not only caused me suffering but also my wife and children, who have not dared to complain to othera than myself. Never mind, what I did was for the future good of my children; do not speak of this to my wife when she comes to see you")—I saw Gilson write his address at the coffee-house—to the best of my belief, this letter addressed to M. Van Schendel is in Gilson's hand-writing.
Cross-examined. Q. Do you consider yourself competent to speak to the hand-writing irrespective of any comparison? A. Without being an expert
I should think any person might see that—being acquainted with the character of his writing by what I saw him write, I should think this to be his writing—from seeing him write that alone I do not consider myself competent to judge of any writing put into my hand as to whether it is his or not; but of this particular one I do—I have compared them—I believe that these letters and these small portions of letters were written by the same hand—it is only by comparing them that I know.
MR. METCALFE. Q. Now, as to the pencil draft found at Gilson's, the one which has been read? A. Believing that these letters are in Gilson's writing, I must also believe that this draft is his, from the character of the writing—(Read: "London, 15th December, 1859. Monsieur Van Schendel—I am in possession of your favours of the 4th and 8th instant, and am charmed with the honour you do me in consenting to honour me with your confidence; believe also, Sir, that I will endeavour unceasingly to deserve your esteem. We have seen this work at the Crystal Palace, but we had some days previously purchased a picture representing a brigade taken in ambush, which is almost the same design, and it is from that that we obtained your address, and which caused us to estimate your talent. As soon then as I received your photographs, I hastened to place them in the hands of the gentleman in question, who is Monsieur de Hatford, younger son of Lord Hatford, who has communicated them to several connoisseurs of his acquaintance, and has made choice of " Le General en Retraite et ses enfants;" of the size of 3ft. 3in., by 2ft. 5 1/2 in.; and of "The Market Piece" of which you make mention, 65 by 51 centimetres; as well as the sketch of "The Visit to the Infant Saviour." He offers you for these three pictures the sum of 400l., or 10,000 francs, payable at two days sight, or by a cheque which he will remit you on the bank, the Western Branch of this town, after advice received of the pictures having been sent off. The price which he offers you is not exactly that which you ask, but as the difference is but trifling and the sum in round figures, I believe you will accept. If your picture "The Visit to the Infant Saviour" is not entirely finished, you can send me the others, disposing of 2,500 francs, and engaging to furnish the other picture. As to my commission, be good enough to tell me in what way I am to be paid, for I should not like this gentleman to know that I am in communication with you. We can probably do busiuess as to the 9,000 franc picture; we must go one of these days to Liverpool, where we shall see of report of the inquiry respecting it; should that prove favourable I think he will like to have it. I beg you to hasten as much as possible the sending off of the pictures as soon as may be after the choice is confirmed, for he desires to possess them for Christmas time, the 25th instant, a day on which all families here meet. I also think this might prove advantageous to you; I await then your reply by return of post, and hope to do more business with you, Remaining &c. Wastone.")—The commencement of that letter is in the draft, and is pretty nearly the same—(Another letter read: "London, December 20th, 1859. Monsieur Van Schendel,—Having received your esteemed favour yesterday I hastened to the gentleman, whom I was able to see this morning only; I read to him such portions of your letter as concerned him, when he said it was all right, and he was going to write to you on the subject by his secretary; that he kept to his determination respecting the two days' sight, lest the pictures should have been in any way injured by scratches, &c.; that he would not be at this risk himself, and that conseqnently these two days were indispensable as, in fact, I mentioned to you in my last letter of the 15th; as to
the rest he agrees, but you must draw at two days' sight through Mr. Piddington. If you could send him these pictures by Christmas, it would be so much the better for you. I would counsel you, Sir, to accept these terms, for you know that these gentlemen are tenacious of their word and distrustful, more especially when they have travelled on the Continent; and I should say that the affair, if delayed, will come to nothing. As to the historical painting, he is waiting to see one of his Liverpool friends; I have every hope of success. With respect to my commission, I think, Sir, that as I have no banker, the most easy way would be for you to obtain a letter of credit from your banker, Monsieur De Parre, so that I can obtain the same from his London correspondent; you would do me a great kindness by sending me, as soon as possible after the shipment of the picture, say a sum of 600 francs (24l.), for here the living is very expensive, and one has frequently not too much money, especially at Christmas. In the hope then, Sir, that we shall be successful—you aiding me as well on your part, for these people are very tenacious—I have the honour to be: Wastone")—there is no draft of any part of that—(The following letters were here read: "Mons. Van Schendel,—I yesterday received your favour of the 24th current, to which I hasten to reply. I have been to Monsieur de Hatford, but was only able to see him at midday to-day. On Saturday he received notice of the shipment oi your picture by an agent at Ostend; up to the present time, however, nothing has been received. I attribute this delay to the Christmas fetes, for no one then does any work. It is the only holiday in the year in England, and all offices are closed, as is likewise the Custom-house. As soon as Mr. de Hatford receives it, he will acknowledge the receipt of it, and there is no doubt but that it will safely arrive, and will give satisfaction, since, from what his secretary has told me, he has spoken of it to some of his friends who have seen your works at the Crystal Palace, and who have spoken highly of your talent. He is, therefore, impatiently awaiting its arrival, as also that of the two other pictures which you promised on Saturday next. I should feel much obliged to you, Sir, if in your next letter you would send me about 10l. on account, for I have already incurred some, and shall incur still further expenses in going to Liverpool with this gentleman. In the anticipation of a speedy reply, and hoping you will do me this small favour, I am, &c. Wastone."—"London, 1 Dec 1859. Monsieur Schendel,—As I am doing busines here as a commission agent for the sale of pictures, I beg to ask you if you would be disposed to honour me with your confidence in finding customers for your works, having already had opportunities of appreciating them. At this very time a gentleman, who is furnishing his gallery, and who will only be satisfied with such works as are thoroughly authentic, and proved to be really the production of those whose names they may bear, has instructed me to write to many of your brother artists, in order that if we can come to terms, I may put them in communication with him. Be good enough, Sir, then, if you have any finished pictures, to let me know the price of them with frame complete, the dimensions, &c: as well as a sketch of the design on paper, which you can enclose me in your letter, and the commission which you will allow me in case of effecting a sale. This gentleman is a great amateur of good pictures, and has already heard your talent spoken of. In the hope then, Sir, of a speedy reply, accept my respectful salutation,—Wastone. My address, 34, Brewer-street, West-end-house, Golden-square, London. P.S. Send your conditions as to payment."—"London, 21 Dec. 1859. Monsieur Van Schendel,—In order to be in conformity with Monsieur Wastone, my
charge d' affaires, I now confirm the order which he has sent you for three pictures, representing a General in Retreat, a Visit to the Infant Jesus, and a Market Scene, and for which pictures I have offered you 400l., or 10,000 francs, including everything; that is to say, packing and framing complete, and to be settled for by your order at two days' sight, either directly upon myself, or on the Western Branch of the Bank of England. I reserve to myself this mode of payment in order to be able, should the pictures be in any way injured, to return them to you; and in such case I bind myself to pay the half of the expense of carriage. I recommend you therefore to use every care in packing them, and to send off to me, as soon as you receive this letter, if not all the three pictures, at least that representing a General in Retreat. I have received the notice in the "Liverpool Journal" sent me by Mr. Wastone, and having shortly after Christmas to go and see one of my acquaintances, a great picture fancier who saw your picture at the Exhibition; I will confer with him, and let you know the result. At the same time I may observe that I find your price somewhat high, &c. (Signed) De Hatford, 29, St. Mary-at-hill." "London, Dec. 28, 1859. Monsieur P. Van Schendel,—I have the honour to acknowledge the receipt of your letter of 22d December, as well as of the painting, the General in Retreat, which has reached me in very good condition, and with which I am much pleased. The Christmas fetes have until to-day prevented my obtaining possession of your work. I do not the less thank you for the promptitude you have used in sending it off so as to enable me to get it before Christmas. I expect every day the two other pictures, which will perhaps have been sent off by the time this reaches you. In your next please let me know what day you have drawn on me, and whether it be for the 240l. for the first picture, or for 400l., the price of the whole three together. I shall put off for a time giving my decided answer as to the historical painting. Awaiting some intelligence from you, I am, &c. De Hatford."
HENRY TAYLOR . I live at 29, St. Mary-at-hill, and am a painter and glazier—I don't know Gilson: I never saw him till the evening he was brought to my house by the officer—I know Edouard—he had an office at my house on the first-floor up to last February—he took it about six months before that, in the name of Edward Charles Anderson—we understood that he carried on the business of a general merchant—I had seen him after he left in February—he called on 26th December for letters in the name of De Hatford—there were two letters at the house in that name—I gave them to him—I took no notice of the post-mark—he called on the 26th—I had found them in the letter-box on the Saturday night, the 24th—I had not seen him more than once previous to that, since he had left in February—I never knew him by any name but that of Anderson—the room that has been mentioned by the police-constable is occupied by a tailor—there has been no person of the name of Wastone during the six or seven years I have had the house—these are the two letters which I received; they are addressed to Lord De Hatford, and they are the two which I gave to Edouard myself—I only once saw his writing while he was with me; that was in the agreement—I cannot form any opinion as to whether these are in his handwriting—(These two letters were here read by Mr. Bevan; the first one being in French, was translated by him. It was addressed to Mr. D'Hatford, Esq. from M. Van Schendel, stating that he had sent off the picture of the "General in Retreat," and, that it might reach Mr. D'Hatford as soon as possible, his son would embark it from Ostend at 10 o'clock that day in either the ship Belgium or Holland, whichever made the service from Ostend to London, and should
leave that day; that the other two pictures comprised in the bargain, vis. "The Visit to the Infant Jesus" and the "Market Scene," were not sufficiently advanced to allow of their being packed, but that they should be sent in some days; it requested an acknowledgment of the safe arrival of the boat, and stated that as the union of lights in the pictures would need a great deal of daylight, it would be necessary to place them in a very well lighted place in his gallery, and that the historical picture had been fixed at the lowest possible price. Signed, P. "Van Schendel."—The second letter was in English, and was addressed to Lord D'Hatford. It stated that the writer had received a case of pictures from Mr. Van Schendel, who desired that they might be forwarded by the steamer of the same night to Lord D'Hatford; and that he had shipped them in the Belgium for London, and had forwarded the bill of lading, with a charge amounting to 4s. 9d.; and stating the address of the proprietor of the Belgium in London was Mr. L. Reabert, of Mark-lane, Signed, "Louis Carbon." The bill of lading was also read.
THOMAS SMART (City-policeman, 411). I apprehended Edouard—I told him that I apprehended him on the charge of defrauding Van Schendel of a picture—he made no reply—I asked him if his name was Anderson; he said, "Yes"—I told him that there was another man in custody, with whom he would be brought up on the following day—he was then in bed—I asked him to dress himself and go with me; he said he would—on the way to the station he said, "Is your name Spittal?" I said, "No; it is not"—I addressed him as Hatford.
WILLIAM GARDEN BROWN . I am a tide-surveyor in the Customs—I have seen the picture—I did not deliver it from the Customs; I examined it—I am the examining-officer—I saw it delivered to Gilson in the name of Lord De Hatford—he came for a picture addressed in that name—the warrant at the Custom-house was taken out in that name.
COURT. Q. Do you give it to any one who applies for it? A. They come from the Custom-house with the delivery order; and upon that the articles are delivered up to them—that represents the merchant to whom they belong—he produced the bill of lading.
Gilson. I never saw this gentleman; I never went to the Custom-house, and never saw the picture. Witness. I am positive he is the person.
PIERRE VAN SCHENDEL . I am an artist at Brussels—Madame Van Schendel receives all the letters, reads them, and explains to me the contents—I sent all this correspondence to the Consul for transmission to England—this letter (pointing it out) is written by Madame Van Schendel, and signed by me—I sent over a photograph of the picture, the "Visit to the Infant Jesus," and two others; there was another photograph of the same subject—I sent the picture which we have seen to-day—I have not been paid any thing for it—when two days had expired, and I received nothing of the money, I began to make inquiries—up to that time I had had confidence in the noble Lord.
Cross-examined. Q. At the time you received the letters which have been produced the picture was in Brussels? A. Yes; except when I received the last letters of the Lord—I remained at Brussels till I was telegraphed for to come over—(MR. SLEIGH contended that there was no evidence to show such a connexion between the prisoners, as would support a charge of conspiracy; and, that if a case of conspiracy was made out, it was no offence; the act being committed out of the kingdom, and therefore out of the jurisdiction of the Court; the same point was raised in the case of Reg. v. Bernard, which tlie Judge would have reserved, had it been necessary. THE COURT entertained no doubt as to the second point; and as to the first, considered that
there was evidence that the prisoners were both engaged in tiw same transaction, that it would be a question for the Jury whether they could both be acting independently in obtaining the picture, each having a separate intent. MR. SLEIGH, did not address the Jury upon the facts on behalf of Edouard.
Gilson's Defence. I desired only that Monsieur Van Schendel should send the picture for me; I found somebody here to whom I thought I could sell it. I had hardly made acquaintance with Edouard then; he had told me that he represented an artist at Brussels; after that I demanded that I might represent Mr. Van Scheudel, and he allowed me to act as his agent. I never saw the picture in my life; the husband of that lady was examined at the Thames police-court, and admitted that he never saw me.
Edouard's Defence. It never was my intention to defraud Monsieur Van Schendel of the picture; I had a party to whom I could have sold it, and I only wanted to realize a benefit by selling it. I am noble, and my name is D'Hatford; but I don't know how they put on the letters, Lord D'Hatford. I took the picture to my lodging, and it remained there till the person was to come to see it. I never would have disposed of the picture before that. I offered myself to Mr. Van Schendel the very same day to give the picturo back; I thought perhaps the prisoner would not call, and I did not want to be in a difficult position.
GUILTY .— Confined Twelve Months each.
THIRD COURT.—Thursday, February 2d., 1860.
PRESENT—Sir JOHN MUSGROVE, Bart. Ald.; Mr. Ald. GARBRIEL; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
MR. O'CONNELL conducted the Prosecution.
MARTHA BROWN . I am the wife of Thomas Brown, of 7, Fann-street, Aldersgate-street—the prisoner occupies the first floor; he took it on Saturday night, 31st December—on that night, a little after 12 o'clock, I went up to the second floor, and I found ray boy crying and Mr. Rogers's girl crying—my husband was on the landing—I told him something, and then went down to the prisoner's door—I knocked, and he opened it—my husband said, "Why did your wife beat my boy?" he said, "I will serve you the same," and struck my husband a blow with a hammer, and he fell—he put his hands in this way, and there is a bruise on his hand now—he then struck Mr. Rogers with the hammer, and she fell—he next struck me with the hammer just above the hip—this is the hammer (A large heavy one); it hurt me very much indeed—I fell, and could not recover myself for a few minutes—I was taken to the hospital and bandaged, and came away the name night—I went twice or three times as nn out-patient, and have not recovered yet—I feel it greatly when I walk any distance, but not when I am in-doors.
Cross-examined by MR. T. ATKINSON. Are you always up so late? A. No; only on Saturday night—I have an infant and am obliged to keep my elder girl up to attend to it, as I am obliged to work—I did not see things in the passage as if the prisoner and his wife were moving in that night—my
husband came down to the prisoner's door at 12 o'clock because my boy had been beaten—I do not know whether he had any marks on him, but he was crying bitterly—Mr. Rogers and her daughter were coming up stairs—there were no other women that I am aware of—I did not try the prisoner's door or see my husband try it; I rapped at it—I did not hear the sound of a hammer, as if the prisoner was nailing something into the wall or the door—my husband did not force thedoor open that I am aware of—I only saw it open when I saw the man at the door—I did not go into the room that night—I do not know that the lock was broken—I never saw the lock—my husband did not strike the prisoner that I am aware of—I received the blow at the other end of the landing—I rushed there because I saw my husband struck down—Mr. Rogers was sober for what I know—I saw no drawers down stairs with the things pulled about by my children—I had half a pint of beer between 10 and 11 o'clock; nothing since.
MR. O'CONNELL. Q. Where does Mr. Rogers live? A. On the third floor—I had gone up stairs and come down again—I knocked at the prisoner's door and it was opened directly—I did not see my husband force it.
COURT. Q. Did you know anything of the prisoner before he came to live in the house? A. No; I did not know that new tenants were coming—my boy told me between 10 and 11 o'clock that they were moving in, but I did not see them; that is why I said just now that I did not know that they were moving in—(THE COURT informed the witness that the had given her evidence very badly, and was not entitled to the credit of the Jury)—my husband had been at home to the street door, but not up stairs—he was at the door where these people would come in, but he did not come up stairs till a few minutes after 12—I do not know how long he had been there—I left him at the street door between 10 and 11, and he came up about 10 minutes past 12—I did not see the new tenants coming in, or any furniture, but my boy told me that there had been a great noise and disturbance.
THOMAS BROWN . I am a shoemaker—the prisoner occupies the first and second floor of the same house—on Saturday night, 31st December, I was standing at the street door, and went up to his door at a little after 12 o'clock, as my boy was crying—my wife came down at the time; she knocked at the prisoner's door and asked why his wife had been knocking my child about—the prisoner opened the door and I asked him the reason his wife had knocked my boy about—he said "You can be served the same;" he lifted a hammer and aimed at me—I put up my left hand and received the blow, and fell by the force of it—I did not see my wife hit or on the ground.
Cross-examined. Q. Had you come in from the street? A. Yes; my wife met me at the street door and went up before me—I followed her half a minute or a minute afterwards—there was nobody else on the landing at the time my wife knocked at the door—I never touched the door; I swear that—Mary Ann Rogers and the daughter and the mother came up from the street—I should say that Mis. Rogers was sober from her appearance—I had not heard the sound of a hammering into the wall—there was not a chest of drawers in the place as I went up; it was what we call a common bench to work on—neither I nor my wife gave the prisoner any provocation—I had not the slightest quarrel with him—nobody kicked at this door while I was there, and no one had broken it open—I have never been in the room—I saw nobody inside it—it is not true that I burst the door open and broke the lock; I never touched it.
into my arma—several people wore running behind him, and one young man who was 4 or 5 yards behind him had a hammer in his hand, and said, in tho prisoner's presence, that he had struck a woman in Fann-streot with the hammer, which he gave me—I took the prisoner to 7, Fann-street, and saw a woman bleeding very much from the head—that was not Mr. Brown; I did not see her then—I saw her at Guildhall police-court—the prisoner said, "I had the hammer; I used it in self-defence"—I saw no marks of violence on the prisoner: he was sober—I found the door of his room broken.
Cross-examined. Q. Did you go into the room? A. Yes; tho lock was injured as if it had been forced open by pressure from the outside.
MR. RIBTON. Q. Can you say how long that had been done? A. No.
WILLIAM HICKS FARRINGTON . I am house surgeon of St. Bartholomew's Hospital—on tho night of 31st January Mr. Brown was brought there suffering from a blow on the loft hip, between the hip and the ribs—she wai tender on pressure, but I could see no mark, probably owing to the amount of clothes she had over it, and it was on a soft part—she was suffering much, atid it appeared an if she had been struck a violent blow—I bandaged her up and saw her twice afterwards; sho may feel the remains of it yet.
MR. ATKINSON proponed to call witnesses on behalf of the prisoner, but the COURT considered that, though they might affect the sentence if afterwards heard, they could not affect the Verdict.
MR. RIBTON conducted the Prosecution.
MARY ANN ROGERS , junior. I live with my mothor at 7, Fann-streot, on the third floor—we both came homo together late on 31st Docomber—my sister, who is between fourteen and fifteen years old, was on the stairs crying—I saw Mr. Brown on the first landing—the prisoner was moving in that night, and had either opened his door, or else it had been opened before I camo up, and was open—Mr. and Mr. Brown went up before us, and then the door had junt boon opened, and tho prisoner was standing at it—a child was crying, and Mr. Brown asked him why he had hit tho child—the prisoner said, "I will pretty soon servo you tho same; if you do not go from my door I shall do tho same to you"—he had a hammer in his hand, and struck Mr. Brown, who caught tho blow on his hands and fell—tho prisoner kept the hammer in his hand and struck tho first person who came before him, which was my mothor, with his hammer on tho sido of tho head—she fell on the floor, and I went to her assinstance—she fainted, and lost a great deal of blood—she was insensible, and was taken to tho hospital.
Cross-examined by MR. T. ATKINSON Q. Did he tako tho hammer in his right hand? A. Yes; his other hand was at his side, as well as I can recollect—I can hardly say, in my flurry, whethor he struck with both hands—I did not see the door burst open—I have novor looked at the lock since—I had never been inside the room—my mother was sober—she had come from Old-street-road—I left her mistress with her—sho did not come from a public-house—we were all very quiet on tho stairs, and gave the prisoner not tho least provocation.
MARY ANN ROGERS . I am tho wifo of Henry Rogors, coach smith—I live at 7, Fann-Htroot, on the third floor, with my daughter—on 31st December, I and my daughter got homo about 12 o'clock—we were going up stairs—Mr. and Mr. Brown were first on the stairs—I followed Mr. Brown—I did
not see the prisoner's door open—I did not get beyond the middle of the landing when I was btruck, down by the prisoner with a hammer—I had not said a word to him—it was in his right hand—then he shoved Mr. Brown, and he crossed his hands in this way and struck me—I recollect nothing more till I recovered myself at the hospital—I was only once under treatment, but I am still very weak.
Cross-examined. Q. Where had you come from? A. From my mistress's place, 20, Plum-grove, Old-street—I had called at several shops to purchase articles of food, but had not been into one public-house—I gavo the prisoner no provocation; I never spoke to him—I heard no quarrelling going on, and did not see the door broken open—it was not dark on the stairease—there was a light, but I do not know who held it—I had not time to look round before I received the blow.
MR. RIBTON. Q. Are you living separately from your husband? A. Yes: I and my eldest daughter support the children—there is no pretence for laying that I was drunk.
WILLIAM HICKS FARRINGTON . I am a surgeon of St. Bartholomew's Hospital—Mr. Rogers was brought there, suffering from a contused wound on the right temple—the bone was laid bare, but the bleeding had then ceased—I dressed it; she left, and I have not seen her since—she seemed rather faint—it was such a blow as might be caused by this hammer.
Cross-examined. Q. Or by a fall on the stain? A. That would depend upon what struck—it must have been a hard substance.
MR. RIBTON. Q. Do you think a fall on the stairs would have caused much a wound? A. It might, but the hammer is most likely to have caused it.
CHARLES HOBB . I am a surgeon—I have attended Mr. Rogers since—I found her suffering from great depression of the nervous system, and from low of blood—I did not take the dressing off—I have only examined her head externally—she is still suffering from debility—it is just possible that there may be may some connection between the blow on the head and the debility—she is well of the wound, but the dressing is not removed.
Cross-examined. Q. May depression of spirits arise from anything? A. Yes, it may be occasioned by other causes besides the wound on the head; but the wound on the head and the loss of blood would account for the state ahe was in.
Witnesses for the Defence.
ELLEN NELSON . I have known Mr. Rogers for two years—I was not in her company on this night—I saw her about 10 o'clock; she went and made a very groat disturbance with a gentleman in the passage—she was sober at that time, but a little after 12 she was in liquor very much indeed, find Mr. v Brown also, and Mr. Brown—I saw a chest of drawers there with half a table cloth hanging out of it—I do not know who went to it, but some disturbance arose about it—I was standing at the door when they were moving in, and asked them if I should help them—I was in the passage when the prisoner went up stairs, and when he came down he said "Who has been at my drawers?" Ann Rogers said, "I have not," and used very bad language—the prisoner then called down Mary Rogers, who used very bad language, and he went up and shut his door—Mr. Rogers stood on the staircase stamping her feet, and saying what she would do to him and his wife if they came out—when Mr. Rogers oame homo at 12 o'olock the little girl said that the prisoner had been ill-using her, but he had never touched her—he
asked what was the reason of it, and she used very bad language indeed—he said, "I will go and fetch a policeman," and she struck at his wife, and tore her mouth, and then he struck her on the head—the door was bursted open by Mr. Rogers—she put her back to it three times, and burst it in, and then used very bad words, and tore Mr. Mitchell's mouth—there was a great row—there was a mob all round the door, and screams of murder—the prisoner never came out at his door to answer her—the women on the stairs said, "Go it, Mr. Rogers"—Mr. Rogers was then stamping on the staircase with her foot, and crying out "Murder"—that was before she was struck—the prisoner was then inside, and his wife too—Mr. Rogera was very much in liquor.
COURT to J.C. HAYWARD. Q. Did you see Mr. Rogers? A. I saw some woman, but she was insensible—I saw Mi's. Mitchell; she had a scar on her mouth, a scratch; it was not bleeding, but it appeared to have bled.
SARAH BROWN . I heard a noise, opened my door to look out, and saw a lot of children standing there—the prisoner said, "Come here; some one has opened my drawers"—I said, "Well, I have not slept in the house myself yet," and shut my door—there was a girl at the foot of the stairs who said, "You had better say I have done it"—he said, "I do not say who, but some one has done it"—she began to make a noise, and called her sister down—there was a noise again, and she called the prisoner some names, and shortly afterwards I heard a dreadful noise—I shut my door, against which the prisoner's bench stood—the woman hit against my door—I opened it, and she said, "I have as much right here as these people who have just couie in, and I will see that they do not have this bench standing here"—the prisoner afterwards knocked at my door, and asked me to allow his bench to stand there till he got a hammer to break it up, if he could not get some one to help him up stairs with it—I then left the place.
Cross-examined. Q. Was that your first night in the house? A. Yes.
ELLEN PRENDERGAST . About half-past 11, on this Saturday night, I saw Mr. Rogers on the stairs, and saw the prisoner trying to knock his bench to pieces with a hammer to bring it up stairs—she stood on the stairs laughing at him and stamping, because he was making so much noise—she went out and went over the way to the public-house, wnere she was before—she came back at 5 minutes after 12—the prisoner and his wife were in their room—they stood on the landing, and Mr. Rogers put her back to the door and shoved it in, and the prisoner, who was hammering nails in the wall, came down and said, "What have you done that for?"—she said she would have his wife out and him too; with that, Mr. Brown hit Mitchell, and he struck him with the hammer and ran away—my husband stopped him and took the hammer from him.
Cross-examined. Q. What are you? A. A shoemaker—I live in the house on the second floor—I was just going up stairs to bed—I saw the prisoner strike Mr. Rogers on the head, and saw her tumble down—she remained on the ground, and I believe she was in a fainting state.
CLEMENT DENNINGTON . I was in my yard aud saw the children tantalizing the people as they were getting their things up stairs—it was then about half-past 9—half a dozen boys and girls were tantalizing the prisoner with a long clothes prop on the stairs, poking at his door, and making all the noise and disturbance they could; and about half-past 12 these people came home, and I suppose they had been told of the children being hit, for there was a rush up to the door—Mr. Brown was one; he is the only one I can swear to except the girl Nelson—they rushed up stairs
swearing what they would do—I could not see the door, but directly they got up there was such a hammering noise, that I believe the door came open, because I heard some one call out" He has got a hammer,"—there was a rush down stairs, and I believe they went one over the other—I believe Mr. Brown was injured by the fall.
The prisoner received a good character. GUILTY .— Confined One Month.
Before Mr. Common Setjeant.
PLEADED GUILTY .— Confined Six Months.
MR. O'CONNEL conducted the Prosecution.
RALPH FIELD THOMSON (Thames police-inspector). On 23d January, I was on the river in a galley at Blackwall Reach, and saw the prisoner, Spooner, in a skiff laden with old rope—I asked him where he brought the rupe from—he said, "From Victoria-dock"—I asked him what ship—he said, "The Lady Combermere"—I asked him if he had any note or receipt to show that he had brought it from that ship—he said, "Yes," and produced a receipt, signed by the captain of the Lady Combermere, for 8cwt. of old rope-there ia no complaint in reference to that, but I observed these two other coils (produced) in the fore pait of the boat—I asked him if he had bought them also as old rope—he said, "No, a man chucked them into my boat"—I doubted it, and he said; "Yes; it was in the captain's presence"—I said, "I have a doubt, and I must certainly take the rope and you to the station, and make further inquiries"—I took the rope into my galley—he then said, "To tell you the truth, I bought it of a lighterman named Brown, for 5s.—I asked him where the lighterman was, or whether he knew him—he said, "Yes, he has a barge now outside the Victoria-dock entrance, and if you like I will go along with you and show you the man"—he went with me to the Victoria-dock entrance, got on to the dummy and said, "There, that is the barge he belongs to, that he came out with"—I went on board the barge and found two Custom-house officers in the cabin—it was laden with old rope from Sebastopol, and one of them was it. charge of it to see after the duty—I afterwards received information, and went with Spooner to the Bell and Anchor at Plaistow—I met Knox near Plaistow, coming out of his own door, and asked him whether he had sold, any rope to anybody that day; Spooner then was 180 yards from me—Knox said, "No, I have not"—I said, "From information and description, I have every reason to believe you have"—he said, "No, I have not, Mr. Thompson, I have sold none"—I proceeded with him to where I had left Spooner; and said, "Is this the man you bought the-rope of?"—Spooner said, "Yes"—Knox said, "Well to tell you the truth I have sold him a little bit"—I told him I should have to take him in custody for it—he said he hoped not—I asked him how he came in the possession of the rope—he said, "It was in the barge cabin, but how it came there I do not know, and I took it out and sold it to him; my two young masters, Thomas and James, threw it out of the ship's deck into the barge on Saturday last"—the 23d was Monday—I asked him the name of the vessel—he said, "John Muers,"
and that she laid at the bottom of the dock—Knox worked on board one of Widow Blencoe's barges at that time, but I do not know the name of it—I can't say where the barge in question was on Saturday—the captain says this rope is worth 35s.; I consider it is worth 25s.
Cross-examined by MR. TINDAL ATKINSON. Q. Could you get 25s. for it at a marine store shop? A. No; I would not sell it for 5s. if it was in my house to get rid of it—it is soiled—when he said that a man chucked it into the boat, I think I said "I don't believe it"—I did not at that time say, "I certainly have a doubt"—my instructions are to make persons account to me for how they get things—Knox was not charged with the crime at the time I questioned him—I did not go to take him into custody, I went to see what he had—I had not got Spooner in custody, he went voluntarily with me, and actually took hold of an oar and rowed the galley down—he could not have got out of the galley without getting into the water.
Cross-examined by MR. LEWIS. Q. How long have you known Spooner? A. Five or six years—I never knew a word against him before—I do not know whether Knox passed by the nick-name of Brown—it is usual to have nick-names on the river—I do not know that lightermen in his position are in the habit of purchasing ship's stores—the rope was not so dirty then as it is now, for it has been run over by muddy feet—it was neither wet nor dirty—it has been kept at the station house, locked up—it has been spliced to lengthen it—it is customary to splice new rope if they want it longer—I have not heard Mr. Miller, of Wapping, say that it is not worth more than 10s.—he is a judge of such matters—it was not at all concealed in the boat.
Cross-examined by MR. LEWIS. Q. Was it kicking about the deck? A. It was lying there—it was just as clean as it is now—the deck was not dirty—the rope was coiled up, but not as it is now.
Cross-examined by MR. ATKINSON. Q. Do you know the young Blencoes? A. No.
The prisoners received good characters.
Before Mr. Common Serjeant.
PLEADED GUILTY . † Confined Nine Months.
MILES— PLEADED GUILTY
TAVERNER— PLEADED GUILTY .— Confined Six Months.
CHAMBERLAIN— PLEADED GUILTY .— Confined Twelve Month.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Three Months.
237. WILLIAM JOHNSON (27), SOPHIA JOHNSON (28), JAMES RICHARDS (20), and CHARLES HENRY WILLIAMS (26) , Breaking and entering the dwelling-house of James Henry Hamer Doughney, and stealing therein 1 basin, 1 brooch, and other articles, value 12l. 18s. his property. Second Count, Receiving the same.
MR. METCLAFE conducted the Prosecution.
JAMES HENRY HAMER DOUGHNEY . I reside at 18, Circus-street, Greenwich, and am a surveyor—on 15th August my house was shut up, and I went in the country—my family left, leaving no one in charge—on 13th December I came to town and found the police in possession of the house, and some violence had been used on the street-door—I missed a number of articles—the cupboards and drawers had been broken open.
MARY SOUTHON . I am in the service of a lady at 7, Circus-street, Greenwich—her house is nearly opposite that of the last witness—on Monday evening, 12th December, about half-past 6 o'clock, I was sent by ray mistress to the post-office—on getting out at the door, I saw the prisoner Williams; he stood there a few minutes, and then crossed the road and joined another man—in consequence of what I saw them do, I, instead of going to the postoffice, returned to my mistress's house, and watched from the window to see what the men were about—they walked up and down two or three times by the prosecutor's house, and then the other man, who was taller than Williams, went up to the door and made a noise as if unlocking the door rather loudly—he came out and joined Williams, and they walked up and down, and returned again—they then went to the door, and the tall one struck a light—they both went in, and remained about a quarter of an hour inside—they then canie out, and walked up and down, and then changed their hats for caps and went in again and staid about 5 minutes, and when they came out they had very large bundles—the other man was rather taller than Williams, and I noticed a woman walking there—before that I had seen two men about the same appearance a little further down.
Williams. Q. How can you swear I was the person? A. I saw you; I know your face.
Cross-examined by MR. LILLEY (for Sophia Johnson.) Q. You saw a woman walk up and down; you don't know who it was? A. No.
JOSEPH BURCHALL I am waiter at the Prince of Wales public-house, London-street, Greenwich—on Monday evening, 12th December. I saw Richards in London-court, London-street—I did not take notice of what he was doing—on the llth I saw him with Williams in the cottages at the back of our house, and previous to that I had seen them together at our bar—I had seen them in one of the cottages frequently, day after day, for about seven weeks previous to the 12th December—they are called Kershaw's Cottages.
EMILY SARAH STANEBURY . I live at No. 3, in the cottages at the back of the public-house—I know Williams; he lives at the Cottage No. 2—I have seen him there often—he and Richards are always together—they were there for about two months before they were taken in custody.
Cross-examined by MR. LEWIS (for Williams.) Q. Are they fellow lodgers? A. Yes; they lodged there about two months.
MR. METCLAVE. Q. Do you know Circus-street? A. Yes; it would take about five minutes to go from the Cottages to Circus-street.
GEORGE DOUGHTY . I am a porter at the railway—on Monday night, 12th December, I received information of the robbery, and on the following morning, at 25 minutes past 11 o'clock, as I came out of my house, I saw Richards, and William Johnson, and Sophia Johnson, come out of the cottage No. 2, each of them carrying a bundle—I followed them to the public-honse and when they went in, I went and fetched a policeman—I went with him and found the three prisoners in the bar, and the bundles—I took possession of the bundles, aud saw them shown to the prosecutor.
Cross-examined by MR. RIBTON (for William Johnson.) Q. When was the last train in before this? A. At 20 minutes past 11—it was 25 minutes past 11 when I saw the prisoners—I saw them about 140 yards from the railwaystation—it would take about two minutes to walk from the railway-station to where they were—there is one person here from the station; the outside porter—I did not see them coming out of the house, but out of the court in which the house is—they were twelve or fourteen yards from the house, walking one after the other; William Johnson was walking first—they went to the Prince of Orange, which is next to the station—there was a train about to leave in 10 minutes—I did not hear William Johnson say that he had arrived from London that morning—he did not say it in my presence—I have heard it since—two return tickets were fonnd—they were genuine, and it appeared as if the corresponding halves had been delivered up—when I went in the public-house the bundles were lying on the floor—the prisoners had then been in there about 4 minutes.
Cross-examined by MR. LEWIS. Q. Did you hear Richards say that neither of the bundles belonged to him. A. No.
WILLIAM WARNES (Policeman.) On the morning of 13th December I was called by the last witness to go to the Prince of Orange—I there saw Richards and the two Johnsons—I took them in custody and took possession of their bundles—I produce part of the articles found in the bundles—I asked William Johnson if the goods lying against the window were his—he said they were—I asked him where he came from—he said, "From Woolwich"—I asked him from what part—he said, "From George-street, at the back of the arsenal"—he said he Was the proprietor of a clothes-shop in George-street—I asked him where he was going to—he said, "To the lane, to dispose"—I said, "Before you go there you will have to go with me"—he said, "Very well"—the woman began to cry—I took them to thestation—I found on William Johnson these cruets and this microscope, this top of a plated sugar-bason, and two watches; and on Richards was found this cruet stand and these mugs.
Cross-examined by MR. RIBTON. Q. Did you find on Johnson the return ticket? A. Yes; this is it—I don't remember hearing him say that he had come from London that morning—I heard it from some one, but I can't say who told me—I heard him say that he had gone from the railwaystation to where these persons were, and they asked him to assist them—he unbuttoned his coat and gave me some of these articles, and the others I found—they were all about his person.
Cross-examined by MR. LILLEY. Q. Was it not on the 13th that you went to the Prince of Orange? A. Yes—Sophia Johnson began to cry, and she said to her husband, "Tell the truth."
my care by the constable—I took her to the station—she cried and said she was innocent of anything that was done, and asked me to dispose of some little articles that she had in her possession; to throw them down the area—I asked what they were, and she took them from her pockets and gave them to me—they were this sugar-bason, these two salts, a brooch, and another article—when she found I would not throw them down the area, she requested that I would say that I received them from her husband, and if I would do so she would reward me afterwards.
Cross-examined by MR. LILLEY. Q. Did she not mention her husband more than once? A. Yes; she said she had had them from her husband—after I refused to throw them down the area she mentioned her husband more than once, and said she had nothing to do with any robbery.
JOHN SAUNDERS (Police-sergeant, 45 R). I was at the station when Sophia Johnson was brought in—some articles were given to me—Sophia Johnson said, "There is more coming behind; I will give you all I have get; my husband gave them to me"—she gave me this mustard-pot, and spoon, and these glass cruets.
Cross-examined by MR. LILLEY. Q. Are you not aware that she and William Johnson have been living together? A. They have.
JAMES MOTT (Police-inspector, R). On 13th December, when the two Johnsons and Richards were locked up, I went to No. 2 in those cottages—I found the prisoner Williams there—I asked him if he occupied the house—he said he did—I also asked him who the three persons were who had left there with bundles in the morning—he said he did not know that any one had left with a bundle—I left him in charge and searched the house—I found this centre-bit, this large file, seven keys, two small files and a small hand-vice—he said the keys had been there for some time—I went to the station and found Richards wearing two coats, and after he was taken away for the night this coat was found in the cell.
Cross-examined by MR. LEWIS. Q. Do you say that you saw Richards wearing this coat? A. He was wearing one similar to this, and this one was left in the cell.
Williams. Q. What did I say about these things? A. You said they were in the house when you first came in.
Williams. Q. I told you the keys were in the cellar. A. You told me if I had come a little sooner I might have seen a great many more; one of these is quite a new key.
Cross-examined by MR. LEWIS. Q. When did you last see this cruet-frame? A. Previous to leaving my house on 14th August—the value of this frame is about sixty-shillings, and these cruets about a guinea.
Cross-examined by MR. RIBTON. Q. Have you any mark on these things? A. No; but I know they are mine.
William Johnson's statement before the Magistrate was here read as follows: "My name is William Baxter,' I live at 31, Mint-street, Borongh; the
female is my wife; the whole of the property found on her, was given to her by me; she is innocent of anything belonging to the charge."
Williams's Defence. I know nothing of it. I came from Canterbury to Greenwich to live.
Williams received a good character.
W. JOHNSON— GUILTY of receiving.—Six Years' Penal Servitude.
RICHARDS— GUILTY of receiving.— Confined Twelve Months.
WILLIAMS— GUILTY of stealing.— Two Years.
S. JOHNSON— NOT GUILTY The COURT directed that a reward of 40s. should he given to the witness George Doughty.
MR. METCALFE conducted the Prosecution.
ROSETTA WRIGHT . I am single—I live in Ashbrook-row, Greenwich—on 27th November I went out in the morning, and when I returned in the evening I found the house broken open and a number of things were gone—these knives and forks are mine—this one is disfigured by being broken in the handle—I lost a great quantity of other property.
Prisoner's Defence. I bought them.
Before Robert Malcolm Kerr, Esq.
MR. LANGFORD conducted the Prosecution.
ANN FAWCETT . I am a single woman living at Woolwich—on Tuesday, 27th December, I was in the Standard public-house near upon 12 o'clock; there were several soldiers there—the prisoner was there by himself—no other of his corps were with him—he did not speak to me in the tap-room—he followed me to the bar of the Standard, and gave me 3d. to get a glass of brandy—I did not have any, I put the 3d. in my pocket—after that I went into the back-yard—he followed me there—he wanted to have something to do with me but I refused—he took hold of me—I broke away from him—I went from the yard to the street-door, and at the street-door I got away and went into the street—he followed me, and asked me if I would go with him for the 3d.—I said, "No," and then he called me very bad names, and struck me twice in the breast with his fist, and tore my clothes off my back with his hand—after that he put his hand into his pocket and drew out a sailor's knife, with a lanyard or piece of cord to it—I have not seen the knife since—he opened it and attempted to stab me in the neck—by my holding my head down, he stabbed me in the head instead of the neck—I received one blow with that knife—he struck me again with his fist after that—I was bleeding—I was taken by Sergeant McPherson to the union workhouse—I was under medical treatment nearly a month I am sure the prisoner is the man who did it—I saw Ann Ragan and Ann Smith by us—they had an opportnuity of noticing the man.
COURT. Q. Was the prisoner tipsy or sober? A. He did not appear tipsy at all.
JURY. Q. Did you know him before? A. No; I have seen him, but
have not been in his company—I recognised him as the same man that I had seen before.
ANN RAGAN . I am a single woman, of Woolwich—on the night of Tuesday, 27th December, a little before 12 o'clock, I was going by the Standard public-house—I did not go into it—I heard a noise and crossed the road—I saw the prisoner strike Ann Fawcett two or three times, and he made at her head with something in his hand, but I could not see what—I mean that he hit her with something in his hand—it was with something large, I think; I don't know whether it shone—it was something sticking out of his hand—a little after that I spoke to him—I said, "For God's sake, leave the poor girl alone; have you not done enough for her now?"—I saw blood streaming down from her head—I am certain that the prisoner is the man—I don't know that I had seen him before, but I saw him so much that night; I stood a good many minutes looking at them—no police-constable came up while I was there.
ANN SMITH . I am a single woman residing at Woolwich—I have known the prisoner about six months—when I first knew him he was a recruit—I have seen him several times since—on the night of 27th December last I was going down home past the Standard public-house—I heard cries which came from Ann Fawcett—I walked over and saw the prisoner strike her twice in the face with his fist—I did not see him hit her with anything else besides his fist—the blood was streaming from her head, not from her face, when I went over—I did not see that blow given—I did not notice anything in the prisoner's hand at any time—I am sure he is the man that struck her in the face.
Prisoner. Q. What time was it when you saw me strike her? A. About 12 o'clock—I can't say to about ten minutes—I did not swear at the station that it was 1 o'clock—I never saw you that night until I saw you strike her—I did not see you at half-past 8 in the Coach and Horses.
COURT. Q. Did you hear anything said? A. Yes; when I got there Ann Fawcett said, "Don't strike me any more, I am dying"—he said, "You b—, I will kill you before I leave you"—then he struck her again twice in the face, and then he took her shawl off, put it under his arm, and walked away with it—the next morning I went with constable Watson and picked out the prisoner, off the parade—he was with other soldiers on the parade.
DAVID MACPHERSON (Police-sergeant, R 50). On Tuesday, 27th December, about midnight, I was near the Standard public-house, and I came up and saw Ann Fawcett bleeding—I took her to Dr. Stewart—she had a wound on the right side of her head; her clothes were saturated with blood—he dressed the wound—after that I took her to the workhouse—I did not see the surgeon there—I left orders there—it was 4 o'clock when I left her at the union—she had no wound given her from the time I picked her up at the Standard till 4 o'clock.
WILLIAM STURTON . I am the surgeon of Greenwich Union—I did not see the woman till Thursday—my son saw her on Wednesday, 27th—I examined her head; there was a fresh cut wound on the right side of her head, about two inches above the ear—it was about an inch and a quarter in length—a sailor's knife might inflict such a wound—there were several bruises on her chest and bosom—the wound did not prove to be dangerous; it might have been—there was a good deal of blood upon her clothes, and the state of the pulse indicated great weakness—she was a week under my care—there was necessity for her to remain; she was in bed the greater part of the time.
Prisoner's Defence. Ann Smith says it was half-past 1, and the other woman swears it was half-past 11. I saw her at the Coach and Horses on that night; I had never seen her before she took me on the parade. I was in barracks that night. I am as innocent as a babe unborn.
THOMAS WATSON (Policeman, R 124). I was with the woman Smith when ahe picked the prisoner off the parade—I took him into custody, and told him what he was charged with; he said, "I know nothing at all about it, I was not there."
COURT. Q. Did you make any inquiries about a shawl? A. I did make inquiries, but I could not find any thing else against him.
WILLIAM STURTON (re-examined). I don't think the wound on the head could have been caused by a fist; it might by a fall on a kerbstone, or something of that sort—I don't think it possible it could have been done by a fis.
GUILTY of Unlawfully Wounding.— Confined Twelve Months.
240. CORNELIUS EARWAKER (22) , Embezzling the sums of 6s. 10 1/2 d., 7s. 21/4d., and 8s. 1 1/2 d.; also 3s. 1 1/2 d., 3s. 5 1/2 d., and 3s. 1 1/2 d., the property of Charles Smith, his master; to both which he
PLEADED GUILTY .— Confined Twelve Months.
THE MESSRS. GIFFARD conducted the Prosecution.
JOSEPH GRAY . I live at 38, Great Coram-street, and am a contractor for the Royal Artillery at Woolwich, to supply them with hay and corn—the prisoner came into my service in December last, at 2l. 10s. a week wages—his duties were to superintend the delivery of hay and oats, and straw for forage, to the barracks—he had authority to order what was necessary—Mr. Slade, of Chiselhurst, was in the habit of supplying me with stores of this description—I observed, before I employed the prisoner, that there was a person named Wolfe, a corn-chandler, near the barracks, and I said to the prisoner, "Do you know the person who keeps the shop in the name of Wolfe, is he part of your family?" he said, "I know nothing of the person"—when my stores were delivered it was the prisoner's duty to give cheques for what he received from Slade on my account—they are handed to Slade or his servant—I pay on the production of those cheques, and not otherwise—this is one of them—(Read: "Received from Mr. Slade, on account of J. Gray, Woolwich Barracks, 18 loads. Thomas Wolfe.")—I have stores at the barracks, provided by the Government for the contractor, so that except from the information of my servants, or these cheques, I should not know what was delivered—these (produced) are the seperate cheques for what was delivered on each individual day—there are two classes of cheques—this is the kind given when things are delivered, and on the receipt of them the prisoner gives one of these to be paid—I did not give a cheque on 4th January; it was the prisoner's duty to give one—I have a clerk at the stores, and whatever is delivered there he gives a cheque upon which I pay—I pay upon the one signed by the prisoner and not upon the others—this accompanies the goods when delivered—in order to enable me to pay, the prisoner gives me this summary cheque (produced) signed by him—this first cheque represents 4 loads as having been delivered on 4th January—on 11th January I paid Mr. Slade 197l. 8s. 10d.—that includes the charge for the 4 loads on 4th January—I have no small cheque for 4th January—I have the others for the 2d and 6th; they correspond with the quantity, exclusive of 4th—this book (produced) is in the prisoner's writing—on
2d here is an entry of 4 loads, on 3d 4 loads, 4th 4 loads, 6th 4 loads, 7th 2 loads—that shows a delivery on the whole of 18.
HENRY EYRE . I am bailiff to Mr. Slade, of Chiselhurst—I know the prigouer as the prosecutor's agent—on 3d January, 4 loads of hay were sent to to the stores to be delivered to Mr. Gray or his agents—no receipts for them were returned on that day, but on the Saturday following they were contained in a cheque for 18 loads—on Saturday, 7th, the prisoner gave me three cheques for 43 loads 3 trusses—one was for 18 loads delivered from 2d to 6th January—this (produced) is the account—it corresponds with my delivery book (produced)—it includes the 4 loads sent on 4th January—I presented this cheque to Mr. Gray, and received the money—the 4 loads I sent on 4th January were delivered to Mr. Gray's agents by one of my men, Whiffin, either at the camp store or at the barrack store—the prisoner paid me no money on 7th January—he did not pay me for these 4 loads, or any part of them.
TIMOTHY WHIFFIN . I am in the service of Mr. Slade, of Chiselhuret—on 3d January I delivered some hay at the stores at Woolwich—I saw the prisoner; he asked me whether my master kept binding, and whether the hay was pretty good; I said that it was—he told me to bring 4 loads next day, 2 to the camp, and 2 to Mr. Wolfe—I went the Woolwich-road, and down by the Barrack tavern—that is a mile out of the way—I went that way because the prisoner told me to do so—if I had gone the ordinary way I should have had to pass the barrack stores.
JOHN NEWELL (Police-sergeant, R 59). On 11th January, between 4 and 5 o'clock, I went to the prisoner's house, 41, Wellington-street, Woolwich—I asked him what authority he had to order Mr. Slade's carman to take 2 loads of hay out of the 4 that were ordered to the stores on Woolwich Common on 4th January; he said, "Oh, that hay I have paid for; that did not go near the stores, and has nothing to do with the stores whatever"—Mr. Gray said, "I give him in custody for stealing it"—I found this printed cheque-book (produced) at the prisoner's house.
(MR. RIBTON, for the prisoner, submitted that this was not an embezzlement; that the prisoner neither received it as agent for the prosecutor, nor by virtue of his employment. MR. GIFFARD contended that he ordered it in his masters name, that his master paid for it, and that the moment'it was out of the possession of Mr. Slade's servants, the possession vested in Mr. Gray, and that therefore it was a felonious receipt by the prisoner as soon as it was delivered in Mr. Wolfe's shop.)
COURT to JOSEPH GRAY. Q. Was the prisoner at your establishment ia Great Coram-street? A. No; at Woolwich—Mr. Jewry takes one part, and the prisoner takes another—Mr. Jewry is clerk, and the prisoner is agent; there is no warehouse.
(THE COURT, having consulted with Mr. Justice Willes, was of opinion that the case did not amount to a larceny from the master, and that it was not an embezzlement, as there was no delivery at all)
NOT GUILTY .
MR. DOYLE conducted the Prosecution.
28th December, I was at the Fox and Hounds public-house, Sydeuham—the prisoner was there when I arrived—I was in front of the bar with him—he said he had no money, and asked me to lend him a shilling, which I did—I took it from some loose silver in my pocket—I had 10l. 10s. in my left-hand trousers' pocket—there was only one sovereign amongst it; all the rest were half-sovereigns—I went outside the house about 9 o'clock, and after going a little way met the prisoner—he put his foot out, tripped me up, and I fell on my back—he then put his arms round my waist and lifted me up, and I went back into the house with him—my purse was quite safe at half-past 8—I felt it when I lent him the shilling—I missed it the next morning—I left the Fox and Hounds at 11 o'clock—I had had a little to drink, but recollect all that passed—from something I heard I went on 12th January to look after him, and found him at Chatham—I did not speak to him when I met him—the policeman told him to walk down to the station, and asked me what the charge was—I said, "I charge him with stealing a purse containing nineteen half-sovereigns and one sovereign;" he said, "I do not deny having the money, but you gave it me"—I can say for certain that I never gave him more than a shilling.
Cross-examined by MR. COOPER. Q. Did not he say, "You lent it me on that night?" A. No; he said that I gave it to him.
CHARLES SHAW . I am a wheelwright of Sydenham—on 28th December between 8 and 9 o'clock, I was passing nearly opposite the Fox and Hounds, and saw the prisoner helping Moore up—I saw them go into the public-house.
Cross-examined. Q. Can you say what state Moore was in? A. No; I was about 33 yards off, just across the road.
MARY ANN FOWLER . I am barmaid at the Fox and Hounds, Sydenham—on Wednesday evening, 28th December, Moore came there between 7 and 8 o'clock with a cabman, whom he asked what he would take to drink—he said "Two pennyworth of gin," which he gave him, and said he had got his fare, and was to go—Moore then turned into the parlour, and shortly afterwards the prisoner came and went into the parlour—they came out together to the bar about 8 o'clock—they hesitated some time about what they were fco have to drink—the prisoner had previously asked me tor a pot of porter but I refused, because he wanted it on trust—he had been asking me all the week upon trust, and said he had no money—he asked Moore to lend him a shilling—Moore did so—the prisoner threw it down for half a pint of gin, which they all partook of—they stayed at the bar a very few minutes—Moore was a little in liquor, and I asked the prisoner to see him home, and not to make any disturbance—he said that he would—they went out together, came back again in about 5 minutes, and I scolded the prisoner for bringing Moore back—he then forced Moore into the parlour against his will—the prisoner came out not a minute afterwards leaving Moore there—he had three pennyworth of brandy, and threw down a half-crown, saying "I am not without friends"—I gave him change—he had 15 or 20 half-sovereigns—he then left the house, Moore remaining behind—Moore was a little in liquor, but I think he was sensible of what he was doing.
Cross-examined. Q. Had the prisoner been drinking? A. A little, but he was not so bad as the prosecutor—I do not think anybody saw him make this display of gold but I and the landlady and a man—I said "Put that in your pocket, or you may be robbed"—I knew him as a customer.
he said "I had Moore's money, but be gave it to me, I asked him to lend me 1s. which he did; and said, 'I will lend you 10 or 12l. if you want it;'I afterwards asked him where the 10l. or 12l. were'; he said 'Here it is, 1 handing me the purse 'take what you want;' I took the purse, and stock to the, lot; Moore was drunk at the time."
Cross-examined. Q. Do you know where Wells lived? A. In Hanover-street, about 20 minutes walk off—I did not fetch him from there—he absconded on the 28th and I did not see him again till 13th January—I was looking for him all that time.
MARY ANN FOWLER (re-examined). Moore did not offer to lend the prisoner 10l. or 12l.—no money but the shilling was offered—it was after coming out of the parlour that the conversation about the shilling was.
The prisoner received a good character.
GUILTY .— Confined Six Months.
MR. DOYLE conducted the Prosecution.
WILLIAM JEMMETT GREEWOOD . I am in the service of William Melhnwb, a baker of Blackheath—on Saturday, 14th January, between 5 and 6 in the evening I was delivering bread and flour in Hanover-street, Lewisham—I had in a cart this tin box (produced) containing about five half-quarterns of flour—I went into a house for three or four minutes to deliver bread, leaving the cart at the door—when I returned I missed the tin box,—it was worth about 3s.—the policeman afterwards gave it to me with this flour-bag, which is one of my master's.
WILLIAM GILES . I am a gold and silver wire drawer, of Hope Cottage, near Lewisham—on Saturday evening, Hth January, I was at the corner of Silver-street, sixty or seventy yards from the corner of Hanover-street, and saw the prisoners walking towards the brick-field together with this tin box—they parted when within a few yards of me—it was then between 5 and 6 in the evening—I loft sight of them in the brick-field—on the following morning I passed up the side of the field, what they call the sandpit, and saw this box in the marl-pit, where they make the bricks—it wm partially sunk, but the substance was so thick that it could not sink—this bag was in the box with others—I afterwards gave the box to Tanner.
Chapman's Defence. There are plenty of boxes alike; it must have been v dark between 5 and 6 o'clock, it being a fortnight ago.
Sheffard's Defence. I met Chapman and we went across the fields. We work in the fields.
They were both further charged with having been before convicted.
ALFRED JOHN CROUCH (Policeman). I produce a certificate (Read: "Central Criminal Court, October, 1857; George Sfoffard, convicted of stealing a shawl, value 5l.; Imprisoned One Month"—Sheffard is the person—he came out in November.
RICHARD TANNER (re-examined). I produce a certificate (Read: Greenwich Police Court, George Chapman convicted, March, 1859, of stealing 5 pounds of butter; Imprisoned Three Months")—Chapman is the person—I had him in custody.
GUILTY .**†— Confined Twelve Months each.
Before Mr. Recorder.
MR. GIFFARD conducted the Prosecution.
GEORGE MILNER . I live at 15, Broad-court, Bow-street, and am a plumber—on Thursday, 8th October last, I was going along the Strand, and met the prisoner Burns—I was standing at the corner of Agar-street, looking at Punch and Judy—he came and stood alongside of me and got into conversation—he wondered how the Punch and Judy men got a living—I made a remark to him and said, "Oh, I suppose sometimes they get a good deal given them"—he then told me that he had got bis business settled in London; he had got a suit in Chancery, and he had got his other brother's share, who died in the Crimea—I had just returned from the Crimea—I left the Crimea on 23d August—he did not say exactly how long he had been in London—he said he was stopping at the Great Western Hotel, and he expected to get his business done on the Saturday following—this was on the Thursday—he said he had not been in London since the Exhibition of 1851—as soon as Punch and Judy was over he spoke to me about having a glass of ale—I told him I did not know any place about there where we could have a good glass of ale—we then went down into Hungerford-market; going along he spoke to me about an ice-house there—I said, the last time I was in Hungerford market there was something of the sort, if it was not shut up—we walked into it, looked round, and then we came out—we had nothing there—we then walked down to the bottom of the market, at the corner of the bridge, to the Dolphin; we went through the coffee-room and on to the balcony in front of the river—we had one glass of ale each, and I then went into the coffee-room to light a cigarette, and when I came back another man came, who is not in custody; he appeared something like a gamekeeper, and Burns and him commenced talking about shooting—Burns said he could put the bullet in the bull's-eye eighteen times out of twenty at a distance of forty-five yards—they tried to make several wagers about the shooting; at last they came to a conclusion to shoot for three new hats, and he induced me to be umpire—I told him I did not know of any shooting-gallery at all about there—he said he had a friend in London, it would not take long to go there, however, we would have a cab, and soon have it over—we drank up the ale, and came out—in coming along Hungerford-market Burns asked me could I give him change for a sovereign or two half-sovereigns, as he wished to tie the bet—I pulled out my purse that my money was in, and I gave him two half-sovereigns for a sovereign—there was three 10l. notes, one 5l. note, and the rest in gold; making up a total of 40l. in my pui'so—when I pulled out ray purse to give him the two half-sovereigns he conld see there was other money in it, because it was a kind of a pocket-book as well as a purse—there was an elastic bana on, but it got broke off—this is the purse (produced)the half-sovereigns were in there with the notes—he then shook hands with the other man; whether ho gave him the half-sovereigns or not, I do not know, and the other man said, "I will go for a cab"—he went for a cab, aud Burns then said, "Come along, we will go and have another glass of ale while he is fetchiug the cab"—we went into another public-house there—I do not know the name of it—I pointed it out to the officer afterwards—we went in front
of the bar, and while the ale was being drawn, I turned away to the other side of the place altogether, to light another paper, or cigarette, and when I returned the ale was drawn, and standing in front of the beer-engine on the counter—Burns was standing next to it—no one was in the public-house but us two then; the other man came running in, and said, "Come on, the cab is ready"—I drank up my ale all at once, and we all three came out together—when I came outside I began to feel myself quite stupified—I remember getting into the cab, and I became quite stupified altogether—I have drunk three glasses of ale before in the course of my life; I had only had two then—two glasses of ale never had any effect on me before—when I came, to myself I found myself in a skittle-alley, in Cross-street, Newingtou—I had my purse in my hand, and the prisoner Kinghorn was rustling me up in the corner, and took the purse out of my hand—I saw him take the contents out and hand them to another man who in not in custody—that was not the man who went for the cab; it was another one—I asked for my money, and Kinghorn put his hand over my mouth and told me to hold my noise; he called me a b—fool, and told me if I did not hold my noise I should get them all looked up—Burns then came forward and called me by my name—he had asked me my Christian name before, and I had told him—he said, "Look here, George, I have got your money,"—showing me my money in his hand—"It is all right, hold your noise; don't get us into any row"—I still kept asking for my money—Burnss said, "Throw the ball up and try and knock the skittles down"—I said, "I will have nothing to do with it; I know nothing at all about skittles; I never played a game of skittles in my life"—I then found out what company I was in, and I thought if I went to play skittles I might keep them together and get out—I went to the bottom, just got hold of the ball and threw it about half-way up the alley—Kinghorn and another man were stood sentry at the door to prevent me going out—I made one attempt and they pulled me back—the other man was quite as tail if not taller than Kinghorn—the other two, the smaller man and the other tall man, then went out, leaving Kinghorn and Burns in the ground with me—Burns wanted me to go and fetch him some brandy—I told him I would not stir till I had my money; then they both went up to the tap together—I went towards them, they seemed as if they were quarrelling the one with the other—but I did not understand their language, and I think it would puzzle anybody eke—I then went out through the front into the street to see if I could see a policeman—I had scarcely got out, looked round and could see nobody—I turned back again and found the door open that went from the back of the house to the skittle-ground—I looked through and saw Kinghorn in the act of getting over some palings at the back—I followed him, but he got into the street and I lost him—I could not see Burns—I expect they must have both got over together—the skittle alley would prevent my seeing if they both got over together—I did not find Burns when I went in—I then found an officer, went back to the public-house, and asked the landlord if he knew them—I gave a description of the men to the policeman—I next met Kinghorn about ten days or a fortnight after in the Strand—I forget the day of the month; it was on a Monday—I went up to him, he saw me and turned away—I collared him; he wanted roe to go round into King William-street with him—he called me a b—fool again, and said, "Come along round into King William-street and let us settle it," or something of that sort—the officers had just gone away, for a man had just stolen a carpet bag, so there was no officer about there—I took him up to Southampton-street
by myself before the officers came to me—I gave Kinghorn into custody then—before he said to me, "Let us settle it" I said to him, a You have got away from me once, but you will not get away this time"—I saw Burns afterwards—I met him on the Friday before Christmas day, the 22d I think it was—I had been making some inquiries about one of the notes that had been paid into the Bank—I met him in High-street, Bloomsbury, along with three other skittle sharpers; they were coming towards me—as soon as Burns saw me he ran across High-street and across Oxford-street—I ran after him and caught hold of him at the corner of Tottenham-court-road—he was very resolute and wanted to get away, but the officer was close to him, just across the street, and I called him and delivered him over to him—when we got to the police-station he wanted to persuade the inspector that I had not got the right man—the inspector said he did not think so; he thought I had got one right for he had known him a long time—while the officer was putting the handcuffs on, he said he would make me pay for it if I cost him 100l.—when I was before the Magistrate a paper was put into my hands by the attorney for the prosecution, that was on the last day; we had them there when they were committed—I had been before the Magistrate four times, and this was the last occasion—it was a paper with writing on it; it was not in my hand-writing—the last time I saw the paper, it was in the Hon. G. F. Norton's hards; that paper, whatever it was; was not in my handwriting—I do not know personally what became of it—I believe this (produced) is the document that was handed to me; it is not my writing nor did I write the signature—(Read: "This is to certify that I have played at skittles for 40l. and lost 40l., and further I agree to play for the like sum of 40l., my opponent taking my word of honour for the like sum of 40l. Signed, George Muner.")—It is not true that I made any such agreement as that spoken to in the paper.
Cross-examined by MR. METCALFE (For Kinghorn). Q. This took place on 6th October? A. Yes, I believe that was the date—I stopped the notes on the 7th—I believe the prisoner Kinghorn was first taken into custody on 17th October—I went up before the Magistrate on that day—I believe Mr. Yardley was sitting on the first occasion—I suppose Kinghorn wm then charged with stealing this money; of course he was—I don't know what the charge was headed exactly in the sheet; I am not acquainted with the law—when I gave Kinghorn in custody I told him he had robbed me in the skittle ground—I made my statement before Mr. Yardley—the prisoner was remanded for two days and then discharged for want of sufficient evidence I believe, and I got the first party who met me a person of the name of Mantou was taken up on 26th October; the constable is here who took him—I was present—I was never asked a question; they listened to all that Mr. Lewis had to say, and I was nevpr examined at all—I was sworn—Mr. Yardley was there then; he, on hearing that that was the same case, discharged that man also, until they got the man that first escorted me; he made that remark on the bench—on the 26th December I went before the Magistrate again about Kinghorn—he was then remanded till Thursday, to some up with Burns, who was then under a remand—(MR. METCALFE proceeded to inquire what took place befere the Magistrate on the first occasion, MR. GIFFARD objected, the deposition being the only admissible evidence of what passed before the Magistrate. MR. METCALFR did not refer to the deposition, but to a previous examination, whan no deposition was taken, but when only a note was taken, by the clerk in his
book. MR. RECORDER considered that as the notes taken by the clerk were taken under the authority of an Act of Parliament (7 Geo. IV. c. 64 See, 2) those notes would be the proper evidence of what passed on that occasion. MR. METCALFE stated that the Magistrate was only bound to take notes in case of commitment or bail, and in the instance in question, the party was either discharged or remanded).
COURT. Q. On the first occasion when Kingnorn was examined, was he remanded? A. Yes; I gave evidence then which the clerk took down in writing.
MR. METCALFE contended that there was no obligation on the Magistrate to take a deposition before a remand, only before a committal, and that he was therefore entitled to have parole evidence as to what then took place. MR. GIFFARD apprehended that the committal referred, to was not necessarily confined to a final committal for trial, but also a committal to prison on remand; but there was a case, which, if correctly reported, would seem to establish MR. METCALFE'S proposition that the statute applied only to persons fully committed for trial, was Reg. v. the Lord Mayor of London. THE RECORDER considered it would be the safer course to admit the evidence.
MR. METCALFE Q. When you were examined on 17th October, did you say one word about taking the money from Kinghorn? A. What I said was taken down in writing—I cannot remember the words I used—I gave similar evidence to what I have to day, but I was flurried, and there was an attorney speaking to me as if I was deaf, and I was so flurried by him that I could hardly open my mouth—I did not play at skittles after I had lost my money, only for the purpose of keeping them together—I don't think I said, "I do not remember what took place at the Hope and Anchor until I was playing at skittles"—I could not have said so because I did not play at skittles—I only threw the ball, and my money had gone before I played, if you call that playing—I remember saying, "The prisoner Kinghorn is the man, I believe, to the best of my recollection, but I do not recollect whether I said it on that particular day—I have always been positive about Kinghorn.
Cross-examined by MR. SLEIGH. Q. You say you do not remember anything till you were playing at skittles; do you remember going into the Hope and Anchor public-house, with the others, laughing and joking? A. I don't know where the Hope and Anchor is—I don't remember laughing and joking as I went into the public-houso—I remember Newell being at the police-court, but he was not examined—he is the manager of the business at wmt public-house—I did not, to my knowledge, go through the bar into the garden laughing and joking—I do not remember going into the house at all—after the parties had all gone, Newell asked me to pay for the drink; I had only a 2s. piece left and that I gave him—I don't remember ordering some clgars, and paying for them—I don't know what it was they had—I know there was some ale—I did not have any of it—I spoke to Newell about having been robbed—I did not give him the full particulars—I did not tell him that I had been done out of my money by playing at skittles—I did not say I had been playing with them—I cannot exactly say the words I said to him, being in such a state of-excitement—I don't know whether I said anything about skettles—I skittlea—I had never seen Burns before that day to my knowledge—I told him that I had only just returned from the Crimea—he asked me my name; I told him my name was George, and he said his name was Charlie—I did not tell either of them my name was Milner, but my name was
written in one of the papers I had in my purse, or pocket-book—I did not hand the book to them; they handed it from me—I left the Crimea on 24th August last, and landed here on 27th Septumber—I was out there as a plumbe:
Q. Did you say one word to the beer-shop keeper about having been drugged? A. I did not give him any information at all—he seemed very stubborn, and I thought he was partly concerned in the robbery—I did not tell the police-inspector that I had been playing at skittles—I don't know exactly what I said—this paper is not in my handwriting; it is an imitation of it—I did not see pen, ink, and paper brought into the skittle-ground—I swear that paper is not in my handwriting, no part of it—I never wrote anything in the presence of the prisoners—the copy of this paper was taken out of my book; it is torn now; it was perfect when I lost it: not loose as it is now, bat fastened in the book.
MR. GIFFARD. Q. You say a copy of some paper was in your book or purse when you lost it; has that been recovered? A. No; that paper had my name, George Milner, written upon it, as it is written on this paper—the money I was robbed of was three 10l. and one 5l. note, and the rest in gold—I believe I said something to the beer-shop keeper about being jobbed, but he gave me such an evasive answer that I did not say much—I took up the skittle balls with the object of keeping the prisoners there—I do not think I mentioned that to the beer-shop keeper—I mentioned to the policeman the amount I had been robbed off—I can't say whether I told him about taking up the skittle-balls.
THOMAS BAMPTON , (Policeman, 97). I was in the Strand on 17th October about 1 o'clock—there was a crowd; I went up, and the prosecutor had got Kinghorn by the collar—he said, "I give this man in custody for robbing me in a game at skittles"—I took him into custody and took him to the station—he was remanded till the 19th—I afterwards went to the beer-house where Newell lives, in Cross-street, Newington, and he gave me this pocket-book.
Cross-examined by MR. METCALFE. Q. Kinghorn was given into your charge by the prosecutor for robbing him at skittles? A. At a game of skittles—that was what the prosecutor said to me as nearly as I can recollect—he seemed very much flurried at the time.
MR. GIFFARD. Q. Do you remember the prosecutor being asked by the inspector at the station what the circumstances were? A. I do not—I can't tell you what passed—at the time he gave him in custody he said he had robbed him of 40l. in company with two or three more at a game of skittles in a skittle ground—I can't say that the words were "in a game of skittles."
MR. METCALFE requested that a witness named Newell, whose name appeared on the back of the bill should be put into the box. MR. GIFFARD declined to call him. MR. SLEIGH called tfe attention of tfie Court to the case of Reg. v. Glover, Car v. Kei, in which it was held that every witness whose name appeared on the back of the bill should be called if required. MR. GIFFARD stated thai although Newel's name was in tlie bdl he had not in fact been before the Grand Jury. MR. RECORDER considered that this was a matter to be left generally to the discretion of Counsel, and he did not think in the present case he ought to require tlie witness to be called.
MR. SLEIGH to GEORGE MILNER. Q. Did you not say to Newell that the money had been won from you at skittles, or that you had lost your money in playing at skittles? A. I did not—Newell is here.
Witnesses for the Defence.
JOHN PETER PERRY . I am chief clerk to tfce Magistrate at Lambeth—I police-court—I took notes of the evidence given against Kinghorn on 17th October—this is the note I took of the prosecutor's evidence—(This being read, I the prosecutor, after describing his meeting with Bums, proceeded as follows:—"We went to another public-house, where I became quite senseless, just as if I I was drunk, and I had only had two glasses of ale—I was put into a cab, I and I remember no more till I found myself at the Crown and Hope beershop—I was not much better then—I found myself playing at skittles—I lound I had lost my money before I had played at skittles-natter I had lost my money I wanted to come out, but Kinghorn would not let me—they got hold of me, and then I remember playing at skittles—the other two mem were there at the same time—I played at skittles with another man not here—it was 5 o'clock when I met the first man, and about 7 when I missed the money. Cross-examined. I don't remember what took place at the Hope and Anchor, not exactly, till I was playing at skittles—the prisoner is the man, I believe, to the best of my recollection."
Cross-examined by MR. GLIFFARD. Q. When was the next examination? A. On the following Wednesday—I have no note here of that date—I have only brought the book I was required to bring—I know as a fact that the mau was brought up on 19th October and was then discharged—afterwards another man was taken, and subsequently a third man, and then Mr. Norton directed Kinghorn to be re-apprehended, and to be brought before him again.
Burns ukis further charged vnth having been before convicted.
ISRAEL WATTS (Policeman, N 184). I produce a certificate—(Read;—"Central Criminal Court, 17th September, 1855; Samuel Wood Junue, convicted of receiving a 20l. note and seven 5l. notes. Imprisoned One Year") I was present at that trial—the prisoner, Burns, is the person who was then convicted under the name of Woodhouse.
GUILTY .— Four Years' Penal Servitude.
EDWARD YATES . I am a servant living at 4, Vauxhall-terraoe, Vauxhallwalk—on the night of 10th January I was walking along Dorey-street, Lambeth; it was about half-past ten as near as I can judge—two men came behind me, I never heard them, they sprung on me and grasped me with their hands round my throat—I placed my hand in my pocket to secure my watch; one of them after that let my throat go and made a snatch at my guard—I still kept hold of my watch—as they turned round, one of them came back and struck me in the eye—as they turned round to let my throat go I recognised the prisoner to be the man that struck me—I had never seen him before—he was brought back to me about five or ten minutes I afterwards—I have not the least doubt that the person brought back to me was one of the persons so engaged.
Prisoner. Q. Whereabouts was it I struck you? A. In Dorey-street—I recognised you by your having a pair of white trousers on, and also from your turning back and striking me; if you had not come back and struck
me I could not have recognised either of you—you came behind me at first, and when you came and struck me in the eye I recognised you.
COURT. Q. Which way did the person go after striking you? A. Towards Regent-street—as he turned round to snatch the guard, he went towards Prince's-road—after he struck me he went towards Regent-street, in an opposite direction.
JAMES HORNSLEY (Policeman). I was on duty in Dorey-rtreet—I heard cries of "Police," and proceeded to the spot—I saw the prosecutor, and made some inquiries of him—I saw two persons running—I immediately sprung my rattle and pursued them—I did not catch either of them—when I got to the end of the street they had turned round the corner; I found the prisoner in the hands of the witness Kirby, and I took him in custody—they turned from Dorey-stroet into Regent-street—that is next to Prince's-alley—the prosecutor identified the prisoner immediately I took him back.
Prisoner. Q. Was I one of the two that was running? A. I can swear positively you were the one, because you had white trousers on—I saw them by the glare of the light—Regent-street and Princes-alley join—where I found the prosecutor was between Regent-street and Princes-alley, as near the centre of Dorey-street as possible—you were running towards Regent-street, the opposite direction to Princes-street.
JOHN KIRBY . I live in Regent-street, Lambeth—on the night, of 10th January, I heard the cries of "Murder" twice—I was in the Prince Regent public-house—I ran out to see what it was, and saw the prisoner running down Dorey-street from where the cries came—he turned to the left and was coming up Regent-street—the policeman cried out, "That is him, stop him"—I pursued him, caught him, and gave him up to the last witness.
Prisoner's Defence. I was not in Dorey-street. I came from Kennington-road down Regent-street and was going home when this man stopped me, and said "I want you; you have been doing a murder." They took me to the station and then charged me with robbery, which I never have done in my life. I have been in a regiment these two years; I only came from Ireland last month. I came up on pass to see my father; I had to be back the next night. I am still a soldier; I have not a stain on my character.
GUILTY .**— Confined Twelve Montlis.
Before Mr. Justice Willes.
MESSRS. RIBTON and DICKIE conducted the Prosecution.
CHARLES JAMES . I live at 8, Denby-terrace, North Battersea, and am a collector of the lighting and sewer's rates of the parish of Battersea—I know the priwoner by sight, not as a friend, as an acquaintance—he lived near me, and I have talked to him in the garden—I have been to his house and he has been to my house—I have known him in my capacity afll collector—I have called at his house and received money for rates—I used to buy eggs from him—about Christmas time, on a Sunday of Monday, I won't be positive which, he said he had more eggs than he wanted—he did not care about hawking them about, and he would let me have an many as he had to spare at the rate of a penny apiece, if I would take all he had; and I used to give him a penny apiece for all he had to spare—I had two from him either on Christmas day or the day aftef—he said they were a Christmas box—he refused to take the money for them—I said, "No," it was a small amount certainly, and I insisted upon Joying—he refused to take it—I left the money on the wall, and said,
" Give it to the child, then, if you won't take it"—he drove the child back, and said the child should not have it, and he, refused to take it, and was offended at it, and next day he said, "There is your money on the wall still, you can take it if you like; you shan't have any more eggs"—on Tuesday afternoon, 27th December, a little before three I was at home—my wife and children had gone out—I was alone in the house—the prisoner called on me—he kicked at the door to come in—he said he had first met Mr. Jones, the servant and the baby, going across the fields, and Mr. Jones had told him to call on me and have a glass of wine and make it up—I said, "Come in," and said, "Make what up? I did not know I had offended you; comein;" and then I asked him to take a seat, and said, "What will you take, port or sherry;"—he said, "Port," and I went and fetched the port down for him—we sat down and had some wine—I helped him to two glasses, and I think he helped himself to another; I had a glass of porter—after some indifferent conversation, I told him that I had a letter to write to save the afternoon post, and I asked him if he would excuse me—he was sitting smoking, as I thought—I sat down to write, and then I saw him take two or three steps past me—I thought he was going to look at something behind me till I felt a blow at the back of the neck—I was stooping—the blow will show that it could not have been given while I was upright—I grappled with him directly, and we struggled round the room—I had seen him open a knife before that to clean his pipe out—we struggled along the dresser—there was a clock at the end near the kitchen door, and he put his back against the kitchen door, to prevent me from getting out—I tore the clock weight down and struck him as hard as I could over the head and face; he has the marks I dare say—we struggled round the room, and the room has the marks of the blood all over the paper—however, I was the better man of the two—he demanded some money of me; that was after he had struck me in the neck—he did not say a word to me for about a minute or so; then the first words he said, were, "I must have money; give me 5l."—and then he asked for 3l., and then for 2l.—he was lowering his price every time, and then after that I said, "Drop your knife," or "Let go your knife, and I will go up stairs and get the money;"—he said, "No, I will go up with you;"—then I saw it was no use, it was a struggle for life and death—I refused to do that—he said, "You had better give in, or you will soon faint from loss of blood," and then the struggle recommenced—we were struggling round all the time he was trying to stab me—I grappled him by the right hand, and he grasped my right hand, so we were both almost powerless—I had called for assistance before—I called "murder" as far as I could—after some minutes, it appeared an hour to me, it must have been two minutes after I had thrown him off, I managed to get the kitchen table between us, and then I laid, "If you don't leave the house, I will smash the window and call for assistance;" it is rather an uninhabited neighbourhood—there is a very small number of persons passing by—the parties next door had gone out, and he had seen them go out, I have no doubt—when I threatened to smash the windows and call for assistance, he closed the knife and put it in his pocket and said, "Oh, Jones, what have I done?" and then said something about hie poor wife—I forgot to state that before he asked for the money he said something about two hours, but in the excitement of the moment I could not tell what it was—I remember his saying something about giving him two hours to get away—when he closed the knife he said "Oh, Jones, what have I done? my poor wife, will you forgive me?" I said, "Go at once, or else I will smash the windows," and then he opened the kitchen door and went out—my
next door neighbour and myself knock against the fire-place to call each other out, and whoever knocks the other answers—I knocked directly for the next door, and had an answer from the girl—there was only the girl in the house—I went out at the back and saw her, and told her to go for a doctor directly and a policeman as well—I was dripping with blood—I could feel the wound on the back of my neck, and another behind the ear—the doctor afterwards attended me and dressed the wounds.
Cross-examined by MR. LILLEY Q. How long had you known the prisoner? A. It might have been twelve months; I can't say the date—I never sat down in his house in my life—he had some plants; he hag given me some; I have been to look at his, and he has been to look at mine—I don't call that visiting—I can't say how many times I have been at his house, more than once or twice, but not more than half-a-dozen times—he might have been to my house three times—I have shewn him my plants each time—he only came for that purpose—on 27th December, he said he came because he said Mr. Jones told him to come and keep me company—from the time he came into the house till the blow was struck, nothing had been said between us of an unpleasant nature—when he came in he said he was annoyed respecting the eggs, but there was not an angry word—he did not say a word about the manner in which he desired to be paid for the eggs—the did not say he wanted half a dozen kisses; not a word passed about kisses during any part of the time—he might have talked about kisses with reference to something else, but not in reference to the payment of the eggs—there was not the slightest irritation on my part towards him—he did not use an angry word at all—I was never more surprised in my life than when he stabbed me—I took up a heater and a candlestick, and struck him with both; it was the heater of an Italian iron—I took up the candlestick because I was stabbed; not in consequence of any expression of his about kissing—no such expression was used—the last words that were spoken before he struck me, were when I asked him if he would excuse me for a moment, and he said, "Certainly; I will have a smoke, have you any tobacco?" I said, "Yes," and gave him the tobacco—he filled his pipe as I thought, and then I felt the blow directly afterwards; these were the only words that passed between us—I believe he had commenced smoking, because I gave him a pipe—his pipe went out I believe—I saw him apply a light to it, but I was writing—after he had struck me he demanded money—I had not struck him when he demanded the money because I was defenceless then—I did not strike him till after he demanded the money, then I tried two or three times it might be, I can't say how many, to get my right hand disengaged—I can't tell how many times I struck him with the candlestick or heater—I struck him as often as I could—I only felt one wound in the back of my neck—he tried to strike me after I got up from my chair—I cannot tell whether he did or not, but I know I had the wounds—my hands were cut all over; you can see the wounds now; those were received after I got up from the chair—there was also one blow behind the ear—that was given either after I got up, or else as I was rising—after I got up, I grappled with the prisoner and got the knife, and got the wounds on my hands then—no one else was present—I can hardly say how soon after that it was that I saw the police—it was not many minutes; perhaps 10 minutes; it was as soon as we could fetch them—I did not see the prisoner again, till I went to the police-court, a fortnight or three weeks after, I think—I was not able to attend before—I saw him at the police-court; he ran away, and I sent a policeman after him—previous
to this occasion there had never been the slightest quarrel between us—I never had an angry word with the man before.
MR. RIBTON. Q. There is no pretence for saying that there was any quarrel that day? A. No—I think for about a fortnight after this, I was so ill as not to be able to attend the police-court
COURT. Q. Did you owe him any money? A. Most decidedly not—I was a collector; he owed me money as far as that goes.
MR. LILLEY. Q. Were you not walking in the fields two days after this transaction? A. No; I was not out of my bedroom two days after—I was not out of the house, I think I may safely say, for more than a week afterwards—I was not in the fields before I went to the police-court—that was the first day that I went out.
MARY JONES . I am the prosecutor's wife—I remember the afternoon of 27th December—I met the prisoner as I was going across the field, and I said, "Oh, Mr. Mair;" either he or I said, "Good afternoon"—I said, "I am very much obliged to you for the eggs"—he said, "You are quite welcome, but I am sorry to say they are the last you will get"—I said, "Nonsense"—he said "Your husband has offended me very much by not accepting the eggs," or "offering money for them"—I said, "Nonsense, go in, Mr. Jones is by himself"—he said, he would not; that he was very much offended, and I passed on; he said twice that he would not.
Cross-examined. Q. At what time in the day was that? A. About half-past 2—he was coming in the direction of our house at the time—I did not say, "Go in and keep him company;" I said, "Go in, Mr. Jones is by himself"—before that, he had always when he had visited our house, conducted himself in a quiet proper gentlemanly manner—I can't say how many times he has been in our house; I should say about half a dozen times, I would not be too sure.
LOUISA LESTER . I live at 9, Denny-terrace, next door to Mr. Jones—on 27th December, between 2 or 3 o'clock, I was outside the back door—I saw the prisoner, he was walking up towards the back-door—about 4 o'clock, I was up stairs; I looked through the window and saw him walking and then running away from our place—I went down stairs, and I heard a knocking at the wall of the kitchen from Mr. Jones—I went out into the back yard, and saw Mr. Jones in a dreadful state—he was all over blood—he asked me to go for assistance, and I said I could not, as there was nobody at home, but I made it known to the neighbours.
Cross-examined. Q. Had you known the prisoner? A. No, only by seeing him in the field—I had not known him as living in the neighbourhood for some time—I had not lived there long.
BENJAMIN DANIEL . I am a surgeon of 22, King's-road, Chelsea—on 27th December, I was called upon to see the prosecutor—I went to his house—I found that he had received two wounds, one on the scalp about two and a helf inches behind the the left ear; it was an incised wound through the salp—it had bled very profusely—there was another incised wound half-aninch long, on the nape of the neck, and five or six small incised cuts on the hand—they were such wounds as might have been caused by a knife—he had lost a very great deal of blood; the bandages about his neck were quite soaked in blood—he was under my care nearly three weeks, up to 14th January, but he was not confined to his house during that period—on 14th 'January he was at my house—I considered the wounds dangerous at first, not in consequence of their actual nature, but form the probability of inflammation supervening on the wound of the scalp, which we always
consider dangerous—it was three-quarters of an inch long, and deep—it might have brought on erysipelas—he is now, in my judgment, quite weel.
Cross-examined. Q. When did he appear before the Magistrate? A. I don't remember the day—it would be about the 4th—erysipelas might supervene from a very small wound—it depends very much upon the constitution of the person who receives the wound—a small wound may kill a man, a wound with a knitting needle—a slight wouud sometimes produces an immense flow of blood—the flow of blood alone, is not altogether a test of the character of the wound—I had never seen the prisoner before—I only saw him before the Magistrate, as I see him now.
MR. RIBTON. Q. Did you consider these slight wounds? A. Certainly not—the scalp is more vascular than the other part of the skin—the wound behind the ear I considered the worst; that in the scalp—it would depend upon the depth of the wounds, and their position, whether they might have been fatal; one, being situated two and a-half inches behind the ear, if it had been struck with a powerful weapon, might have penetrated the skull, and the same with the one at the back of the neck; it was not near an artery—I considered it in a very dangerous place, decidedly.
Cross-examined. Q. At what time did you take him? A. About half-past 10 at night on 27th December—I found him, not at his own home, but at the end of the street in which he lives; he was coming in the direction of home—I have only been in the neighbourhood about nine weeks—I know nothing of the prisoner whatever—when I took him I told him that he was charged with stabbing Mr. Jones in the head and neck with some sharp instrument, and I said, "Be cautious what you say to me; what you do say I will use in evidence against you," and he replied, "I don't care; I was taking wine with Mr. Jones and he assaulted me first;" I again cautioned him, and he said, "It was all through jealousy"—I then asked him if he had a knife or any other sharp instrument in his possession; he said he had a knife in his trousers pocket, upon which I took the knife which I now produce—he did not produce it at my request—I took it from his pocket—I did not give him time to put his hand in his pocket and take it out—I did not consider it safe—I had a constable; he held one side while I held the other; I thought I would make sure—Mr. Jones's brother was there when we were taking him to the station; he walked three or four paces in front of us, and the prisoner said, "Look at that boy, do you think if it was my brother that I would take it so easy," and he repeated that several times on the way to the station.
The prisoner received a good character.
GUILTY of Unlawfully wounding.— Confined Nine Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Twalve Months.
MR. MCMAHON conducted the Prosecution.
auctioneer—I was employed by the Commissioners of the Board of Works to sell the materials of eight houses in the Westminster Road, on the Surrey side—it was by verbal instructions—I know Mr. J'Anson, the builder—those was a hoarding put up round those houses—the sale took place on 28th December—I was there on Monday, 19th December—I don't think they had commenced pulling down any part of the premises when I was there, but I had given instructions that they were to be pulled down—I gave the instructions to Goldsmith at my office, I think a few days before the 19th—I won't be quite certain that I saw him at the premises when I was there on the 19th—I gave him no instructions or authority whatever to remove any of the materials from the premises—I gave him instructions to take down so much as would be required for the hoarding—it was not necessary to remove any single thing from the premises for safe custody.
Cross-examined by MR. TINDAL ATKINSON (For Goldsmith.) Q. The protection that this property had was the hoarding? No; the protection of the property was the same as it had been for' years previously, the gates—nothing was sold at the time this lead was stolen—the lead was taken off the roof; not by my instructions—I saw it in a gutter in one of the back buildings in a yard—it was not cut in pieces then—I never saw it cut in pieces at all—it would be a week or ten days before it was stolen that I saw it—I did not see it afterwards—I did not see it more than once—that was when it was in the back yard—there were gates between the back yard and the road.
Cross-examined by Mr. Ribton (For Hennessey.) Q. Were you employed to sell these houses? Yes; before I sold them they belonged to the Crown—I sell them for the Crown, the Commissioners of Works—they were all shops, not private houses—I think the tenant of the house from which the lead was stolen, went out on 19th December—I first received orders to sell them I should think about 13th or 14th December—Mr. Pennithorn, the Government surveyor, gave me those orders, and in consequence of what he said to me I proceeded to sell them—that is my usual mode of receiving instructions from him—that is all I know about them—I sold them on the 28th—I sold the bricks and all the materials—the object was to clear the ground—the houses were sold in lots—I think the lead was gone on Monday 19th December, but I did not miss it—on the 28th I sold the materialsthe lead, if it had remained there, would have been sold with the rest.
ALFRED REYNOLDS . I live at 33, Berkeley-street, Lambeth—my father is the proprietor of the Red Lion Yard, Bridge-street—that was one of the eight houses that were taken down—I was there on the Monday before boxing-day—I saw Goldsmith the foreman and a labouring man come down from some of the houses—I can't tell the time—I first saw them in the morning—they were then pulling the loft down—that is a wooden building—they pulled all the wood down and then threw it into the yard—that was a loft in the front of the house that belonged to my father—they continued there all the day—about a quarter to 3 that day Goldsmith said to me, "Do you know where I can get a truck from"—I got a truck—I saw Goldsmith put the lead in it—I don't know where it was taken from—it was brought down our stairs from inside our house—when it was put in the truck Goldsmith put the old door mat over it—he ordered Hennessey to push the truck—he did not say where—Goldsmith asked me to assist the man over the bridge with it and I did—he drove the truck before him—we went to No. 12, Fludyer-street—Hennessey then pulled the mat off, and we took the lead into the house—we took the truck back—I saw Goldsmith, he gave me 4d. for the truck and 2d. for myself.
Cross-examined by MR. TINDAL ATKINSON. Q. How did you get the lead? A. I don't know where it came from—it came from our house—the hinge Was off the gate on the left hand side; it had been off about six months—anybody could get in the yard night and day—Goldsmith was the foreman over the things there; I believe he had the care of everything there—I had seen him about there three or four days—I don't know how long this lead had been in the yard—I had not seen it before—I had not seen it when the meu were pulling the lead down—there were plenty of people about to see what was done—this was all done in open day—light.
MR. MCMAHON. Q. There were plenty of people about, but were they in the yard? A. No; outside in the street—there were no persons in the yard except the foreman, the workmen, and myself.
There was only one gate on.
THOMAS MASON . I am clerk to Mr. J'Anson, a builder and contractor, Cirencester-place, St. Mary-le-bonne—he was employed to put a boarding round some houses in Bridge-street, Westminster—I had to sign the papers and I saw him at the yard giving instructions—Mr. J'Anson's men did it—Goldsmith was employed by Mr. J'Anson as foreman there—Hennessey was also employed there by Mr. J'Anson—I have the charges made by Goldsmith for the week ending 24th December—this is it—it is made up to Friday night, 23d December—here is no charge for a truck or for a payment of any kind for moving anything from that place.
Cross-examined by MR. TINDAL ATKINSON. Q. Was Goldsmith in Mr. J'Anson's employ before? A. Yes; and as far as my knowledge goes, he had no complaint against him—he was sober and industrious, and a man on whom we could rely.
MR. MCMAHON. Q. Were there any other men employed beside Goldsmith and Hennessey? A. Yes; two others, Lawford and Norton.
MARY BYMAN . I am the wife of John By man, and live at 12, Fludyer-street—Goldsmith occupied a room in the same house—he used it as a store-room, and as a bedroom when he occasionally slept there—he had a latch-key to let himself in—on Monday, 19th December, Hennessey came there between half-past 4 and 5 o'clock in the evening—he let himself in with the key—he carried the lead up-stairs into the room on the first floor—no other persons but my husband and Goldsmith have a latch-key—Hennessey went away directly after he had taken the lead up-stairs—the next morning I went out for a short time, and when I came back he was coming down stairs—on the Tuesday the prisoner Fish came and rang the bell a little after 1 o'clock—I answered the bell, and Fish said he came from Goldsmith to see some lead that was in Goldsmith's room, to see if it would require a horse and cart to remove, or only a truck, and he said Goldsmith was gone to Wapping to work—I showed him Goldsmith's room, and he said that a truck would be sufficient to take the lead away—he went away and returned in about an hour and a half with a truck, and he went up-stairs and fetched the lead away—when he came the second time he range the bell, and brought a man with him; Maybank—after they had put the lead in the truck they brought down a fire board which had been there ever since Goldsmith had been there, and placed it over the part of the truck where the lead was—I did not go out in the street to see whether it prevented the lead being seen—they took the truck away and I saw it no more.
Cras-examined by MR. TINDAL ATKINSON Q. Who do you pay rent to? A. We do not pay rent—the house belongs to Government—when premises re pulled down the materials belong to Government.
Fish. Did I say he was gone to Wappiug? A. Yes; to work and that you had just come from him—you did not say he had been to Wapping; you said he had gone to Wappiug—I was not aware where the lead came from; I never asked any questions about it—I knew Mr. Goldsmith was responsible—I am acquainted with Mr. Butt—I did not tell him there waa any lead in the house.
EDWARD BUTT (Police-inspector, A). On Friday, 30th December, about 3 o'clock in the day, I was at my house, 13, Flndyer-street—I heard something fall—I thought it was in my house—I went to the front door, and saw two men with a truck; putting on it a piece of wainscoting, which they had apparently let fall—the truck was standing opposite No. 14, next door to my house—I only saw the back of the men—I instructed Henry Beaton, B, 163, a constable, to follow them—that evening I took Goldsmith into custody at his house at Somer's-town—I told him that it was my duty to apprehend him for having nearly three hundredweight of lead in his possession, stolen from the houses that were' being pulled down in the Westminster-road—he said, "I sent the lead by Hennessey to 12, Fludyer-street, but I had given no one authority to remove it"—he said that he had sent it from the works where he was working—he did not then say when it had been removed—afterwards, on my calling his attention, he said thai the 9th was the day—I said, "Have you seen Mr. Glazier since you removed the lead?"—e said, "Yes, several times"—I then said, "Did you tell him where the lead was?" and he said, "No"—I do not remember anything more being said about Mr. Glazier—I asked him if Mr. Glazier had not, since the lead had been removed, sold the whole of the materials of the houses which were being pulled down—he said "Yes, he has"—I arrested Maybank at his house at White Lion-street, Chelsea, on Saturday morning, 31st—I saw another person there; I can't say who that was—I did not tell Maybank what the charge was—I said, "You know what I am come for?" he said, "No; but I know what that man has come for;" meaning Beaton, who had just come in at the door—I said that it would be my duty to take him into custody, unless he could tell me who the other person was that hired him to draw the truck—(MR. TAYLOR, for Maybank, objected to the reception of any statement by the prisoner after this remark of the witness, which, made by a police constable, amounted to a threat or inducement. MR. MCMAHON contended that the officer was simply performing his duty, and if evidence was to bs excluded upon such grounds, it would seriously interfere with the administration of justice. MR. COMMON SERJEANT entertained some doubt on the subject, but would receive the evidence and reserve it if it became necessary: it only applied to the prisoner Maybank)—I asked him who the other man was, and he told me that he did not know; that it was a stranger that hired him at the public-house, and gave him a half-crown for drawing it—I then returned to the station with Maybank in custody—I afterwards sent for Hennessey to come to the station, and he came—I had seen him earlier in the morning, but did not take him into custody the first time I saw him—when he came to the station I told him that I should then charge him with stealing the lead, and that he must consider himself a prisoner—he said all thai he had done he had doue under the direction of the foreman.
Cross-examined by MR. ATKINSON. Q. When you spoke to Goldsmith, did not he say that he had taken it to Fludyer-street for safety? A. He did: he said, "I have given no one authority to remove it"—he seemed surprised when I said that the lead had been removed—I knew that Goldsmith had a bed in that room, and slept there occasionally—I understood it to be a lodging, and not a store-room—I have been in it since this, but not before.
Fish. Q. Did you give instructions to the policeman that if the truck was going to the Board of Works he was not to interfere with it? A. Yes, I did, to Beaton—I said to him, "I suspect something wrong with that truck; you follow it; if it is not going to the yard of the Office of Works, it is wrong; bear in mind there are no repairs going on in this street; I believe the truck is loaded with lead"—I knew nothing, till a long time afterwards, of the lead having come from over the bridge—I gave him no instructions about that—I have said the exact words that I said to the constable—I did not know anything about where it had come from; it was only a matter of suspicion—this was on Friday, 30th December.
PETER SMITH (Policeman, B 274). I know the prisoners Hennessey, Fish, and Maybank—Maybank lives in 8, White Lion-street, Chelsea, and Fish lodges at 6—I saw Fish and Maybank talking together on the Thursday before they were taken—I had seen them together several times—I have seen Hennessey speak to Fish—Fish is Hennessey's brother-in-law—I have seen Maybauk speak to Hennessey.
cross-examined by MR. TAYLOR. Q. You know Maybank as living at 8, White Lion-street, Chelsea? A. Yes; I don't know for how long: the number of years—he has always borne a respectable character, by what I have known about him.
MR. MCMAHON. Q.M. Maybank has borne a respectable character as far as you know? A. I never had him in custody myself—I have had no eharge brought against him—I have heard of his being in custody before—he was fined before I joined the police, once for a piece of wood, and onoe for a dog—I did not hear it before I joined the police—I heard it after he was taken in custody this time.
Fish. Q. What time was, it that you saw me speaking to Maybank? A. I can't tell the time—it was in the early part of the afternoon; it might be about a quarter past 3.
Fish. I can prove where I was the whole of the afternoon.
JOHN HENRY BEATON (Policeman, B 163). On Friday, December 30th, about a quarter past 2, I saw Maybank drawing a truck in King-street, Westminster, about twenty yards I should think, from Fludyer-street—Fludyer-street and King-street join together—I saw Fish on the pavement in Great George-street—I followed them through Birdcage-walk till they came to Arabella-row, Pimlico—I then asked Fish what he had got; he said he had got old lead in the truck—I asked him where he brought it from; he said, "I have brought it from 12, Fludyer-street, and I am going to take it to Mr. Nicholls, in the King's-road, Chelsea, to exchange it for some new"—I should think Maybank heard this; Fish was on the pavement, and Maybank was with the truck—I asked Fish under whose direction he was going to take the lead; he said, "Under Mr. Goldsmith's, the foreman"—he said that he was to take the new lead back to Fludyer-street to repair a leakage in the gutter on a roof—before I began to follow them I had seen Inspector Butt, and received instructions from him—I followed them on to Nicholls's, at King's-road, Chelsea—they knew that I did so—when they got there Maybank drew the truck into the large gates, and Fish went into the front entrance to the shop—I did not go in with either of them—after, a time Maybank came out with the truck—the new lead was in it then, I believe, under the board with which the old lead had been covered—I saw it when it was taken out—Fish came out soon after—he had a bill or invoijce of the lead in his hand—he came to where Maybank was sitting on the truck, waiting for him to come out—they went up to the corner of a street,
and said something which I could not hear; and they went from there to the Lord Nelson public-house, where Fish gave Maybank a half-crown for the hire of the truck—he said to me, "Will you have some porter?"—I accepted the offer—I had a pint, and Fish and Maybank had a pint each; it was served in pint glasses—Fish then said that he was going to 12, Fludyer-street with the new lead, and that he would accompany me there, and would call at the station and speak with Mr. Butt, as he knew him from having seen him at the house in Fludyer-street—he then took up a piece of new lead, and put it on his shoulder—he went with me about a mile towards Westminster, to a place called Tyler's—he there said he wanted to ease himself—he went into the public-house, and called for a pint of porter—he handed it to me, and I put it on the seat just where he had put the lead; and I sat down beside where he had placed the lead—he was gone out to the back yard about five or six minutes—I said something to the pot-boy, and went out to the back yard to see where he was—when I got there I could not find him—a person could have got away that way—I next saw him on the morning of Sunday, 1st January, at King-street police-station—I afterwards took him from there to Kennington-lane—as I was taking him to Kennington-lane he gave me the description of Goldsmith as the person who hired him—he said, "Goldsmith hired me to get a truck to remove this lead to Mr. Nicholls's, and said that he would pay me liberally for my trouble in taking it"—that in all I recollect.
Cross-examined by MR. ATKINSON. Q. Was there a remand in this case? A. Yes—I did not, on the first occasion, say anything about what Fish said—I spoke of it when he was in custody—I had it on a piece of paper, which I have mislaid in some way or other—I cannot say when I saw it last—it was not because I mistrusted my memory that I put it down—I have got a good memory; I should forget very little of what passed.
MR. TAYLOR. Q. You followed this truck, you say, that Maybank was drawing, till they got to Mr. Nicholls's, and there some new lead was brought out again, and you followed them to a public-house, where Fish paid May-bank a half-crown, and discharged him and the truck? A. Yes; that waa at the first public-house.
Fish. Q. How far were you from Mr. Nicholls's when I came out of the shop? A. I should think about ten or twelve yards—I was speaking to Maybank—I was not 200 yards off when you came out—I should not think the width of the road was above ten or twelve yards—we were a little way up, near a street on the opposite side of the road—I should think that street was not more than twenty yards from Nicholls's—you took the lead out of the truck just before you came to the public-house—I said, "If I had to carry that load, I would rather ride on a 'bus"—I did not say that I should have to take you to the station—you said you were going back to Fludyer-street, and would call at the station and see the inspector—the inspector told me that if the truck did not go to Great Smith-street, to the Board of Works, I was to consider that something was wrong—he said that if it went to the yard of the Board of Works it was all right, or to that effect—he did not say, "As the lead came from over the bridge"—you would not give me the description of Goldsmith when I first spoke to you; it was when you were in custody, gotog from the station to Kennington-lane, that you gave it—I cannot say whether it was in Mr. Butts'f hearing—he was walking very near us—I cannot say whether he was over a yard from us—I did not look back every moment—I do not know whether he must have heard this conversation—you spoke in a low tone—I
asked you in Arabella-row who sent you with the lead—I asked you what the person's name was, and you told me that it was Goldsmith—when I asked you what you had in the truck, you said "Old lead," and told me where you were going to take it, and for what purpose, and the price of old lead, and what they allowed in exchange—I asked you where Goldsmith lived, and you said, "Toronto-road, Avenue-villas, Camden-road-villas"—I saw a piece of paper in your hand—you told the Magistrate that it must have been lost either by you, or else in Mr. Nicholls's shop—it contained the dimensions of the old lead and of the new; the size that was required—you told me that you were going to take it to No. 12, Fludyer-street—I believed what you said—I did not think you were wrong until you escaped from the public-house, and left me with the new lead.
MR. MCMAHON. Q. Was the first time you went before the Magistrate, Saturday, 31st December? A. Yes—I do not think I was examined on that day—I came in just as the case was over—I had been out in plain clothes looking after Goldsmith—I was examined first on Monday, January 2d—it was on that morning that I took Fish from King-street-station, to Kennington-lane—it was on that day, going to Kennington-lane, that he gave the description of Goldsmith—he had made the statement about Goldsmith before I was examined.
JOHN NICHOLIS . I live at 25, King's-road, Chelsea, and am a lead-merchant—on 30th December last, Maybank, and, I believe, Fish came to me, but I would not swear positively to Fish—they brought some lead in a truck—it was sold to me by Fish—he had come to me before in the morning, and had enquired what we were giving for old lead, and what we exchanged it for—when he came in the afternoon he sold me 2 cwt. 2 quarters, and 91bs. of old lead—the gross sum to which it amounted would be 2l. 8s. 1d.—he bought 1 quarter, 221bs. of new lead, value 11s. 2d.—that was a piece of sheet lead, and he had the balance in cash, 1l. 16s. 11d.
Fish. Q. You saw a piece of paper that I brought there with the dimensions of the lead on; have you found it since I left your place? A. No, I have not seen it—I believe there was a piece of paper brought in the place.
CHARLES BROOKER (Policeman, B 134). I apprehended Fish on 31st December, at Chelsea—I told him that he was charged with being concerned with a man named Maybank with having a quantity of lead in their possession, and also escaping from police-constable Beaton, of the B division—he said, "I don't understand you"—I said, "I must take you to the station"—I took him to the station where he was identified by Beaton.
Fish. Q. When I came to you and you said that I was wanted, did not I say that I did understand you? A. No; you said, "I don't understand you"—you went quietly with me to the station.
MR. ATKINSON to JOHN NICHOLLS. Q. What time did Fish come to you that morning? A. Between 9 and 10 o'clock—it was before 12.
Fish and Hennessey's statements before the Magistrate were here read as follow:—Hennessey says, "Under Goldsmith's direction I took the lead there." Fish says, "On Friday, 30th December I was standing in Parliament-street; a man very much resembling Goldsmith came up to me, and asked me if I was out on the strike, and if I wanted to earn a few shillings—I said "Yes"—he asked me if I knew Fludyer-street—I said, I did not, but would inquire—he said, "I want you to go and say you come from Mr. Goldsmith to take away some lead that is up stairs in the front room, and look at it and see if you can take it away in a truck, and then go to Mr. Nicholls to ascertain the price of old lend, and what they allow in exchange—I went
to Mr. Nicholls—I met Maybank, and asked him if he wanted a job—the person that employed me gave me a piece of paper, on which was written "One piece of 51b. lead, 7 feet 9 inches long, 16 inches wide"—he told me to bring the new lead where I took the old lead from—Maybank and I went to the house and took the lead; the policeman followed us; there was an old board on the top of it—I sold the lead to Mr. Nicholls, and he gave me the money—we went into the public-house, and I gave Maybank 2s. 6d. for drawing the load, and for the hire of the truck; he said 2s. 6d. would satisfy him. I took the new lead and brought it some distance, and then began to think I was made a dupe of, and went into a public-house, and asked to go to the closet, and went into the back yard, and got over, and got away. I heard of Maybank being taken, and I went with the intention of giving myself up. To the best of my belief, Goldsmith is the man. It was about twenty minutes past I when he spoke to me—Goldsmith says, "It is not true what Fish has said: I was put at Wapping at the time he speaks of."
WILLIAM RICHARD GLAZIER . I know tne property in Bridge-road, Surrey, mentioned in this schedule—I know No. 13; that was the Red Lion, and it was from a portion of the premises of the Red Lion that this lead was stolen—the Red Lion yard was a portion of the premises—it is inclosed in that schedule under the head of 13, Bridge-road, Surrey; that is the house in question—I have a catalogue here of the property sold.
Cross-examined by MR. RIBTON. Q. How many Bridge-roads are there, do you know? A. I don't know more than one—Mr. Pennithorne gave me the directions to sell, and I think Mr. Austin also, the secretary of the Board of Works—I sold them myself on 28th December last—I am sure that is the day.
Fish's Defence. On Friday, 30th December, I was standing in Parliament-street to see Mr. Trollope's foreman; Goldsmith came and asked me whether I was out on the strike; I said I had been out of work seven or eight weeks; he said he would give me a job of 7s. or 8s.; I said I should be obliged; he asked me if I knew Fludyer-street; I said no, but that I could soon find it; he asked me to go to No. 12, to take some old lead away; before taking it I was to go to Mr. Nicholls, the lead merchant, and ascertain the price of old lead and what was given in exchange for it; he took out a piece of paper and wrote, "One piece of lead 7ft. 9in. long, and 1ft. 4in. wide;" he told me to bring it to No. 12; he said, "You will find an old board there which you can put on the top of it;" he told me to pay for the hire of it; he said he had just come from Wapping; I gave the paper to Mr. Nicholls, and left it there with the dimensions which Goldsmith put on it. In Arabella-row the policeman asked me what I had got; I told him, and that I was going to bring some new lead, and gave him the description of the man that sent me. I paid Maybank 2s. 6d. for his hire. I then put the new lead on my shoulder; the policeman said we had better get on a 'bus as he should have to take me to the station-house; this was the first time that I thought I was in custody; he said, "If you had gone over the bridge to the Board of Works, my Inspector told me not to interfere with you." I then began to think that I had been made a dupe of; and effected my escape by going to the back door of the public-house. I came down when I found Maybank was apprehended, with the intention of giving myself up; the policeman came to me and told me that I was wanted; I told him that I understood it. I went with him to the station-house; the case was remanded for six days, as Goldsmith stated that he
could prove where he was at 1 o'clock, by his bricklayer and labourer that were at work at Wapping; but the bricklayer said that when Goldsmith left Wapping it was between 11 and 12 o'clock, leaving plenty of time for him to be at Parliament-street at 1 o'clock. Is it consistent with guilt that I should go to Mr. Nicholls to ascertain the price of old lead when I could have gone to another lead merchant not one fifth of the distance, and sold it at the same price? The inspector states in his evidence before the Magistrate that when Goldsmith came back to the works at the bridge, it was a little after 3 o'clock, in a very excited state, as he well might be, when he saw the policeman following the truck I was with, knowing himself to be guilty. This is the first time I was ever arraigned at a bar of justice, and I most solemnly declare I am innocent of this.
Goldsmith and Maybank received good characters.— NOT GUILTY .
Before Mr. Recorder.
MR. MCDONALD conducted the Prosecution.
HARRIET SMITH . I live at 6, Revell-row, Southwark. On 26th December, I left my house, having locked it up—I returned home at about half-past 11 o'clock—when I came back the street door was a jar—I went to put the key in and found the door was open—I went in the house, got a light, looked round, and found the bed furniture folded up on the bed; and the white counterpane was removed from there—I turned myself and opened the top of my box—I found the box had been broken open and several articles were missing—they were all in the house when I left at 10 o'clock—I went to the police-station to give information and I saw the articles there—before I went out I had seen the prisoner about a yard from my door—that was about half an hour before I went out—this is one of my dresses, it was safe in the box locked up when I went out—this shawl is mine; it was there also.
Prisoner. Q. I have known her a great many years, and it is very likely she saw me before she went out. Witness. Yes; your mother lived within 10 doors of me—about 16 months ago you came and said you understood my place had been robbed—I said "I have nothing to say to you now."
JAMES SMITH (Police-sergeant M 4). I was on duty in Suffolk-street, Southwark, on 26th December, between 11 and 12 o'clock; that is close to Revell-row—I was walking with Gibby—I saw the prisoner come through a court with a large bag on his back—I said to Gibby "What has he got in that bag, go and see,"—the prisoner saw him, and he dropped the bag and ran away—Gibby went down John-street, and I went down William-street, but the prisoner made his escape—I took the bag to the station, and it contained 3 dresses, 7 shirts, 1 set of bed-furniture, 1 counterpane, and other things—this property (produced) was in the bag—some of the articles have been returned to the prosecutrix; she identified them all—I have known the prisoner the last 4 or 5 years.
GEORGE GIBBY . (Police-sergeant M 21). I was with the last witness—we took the bag to the station—the articles were identified by the prosecutrix—I have seen this prisoner before—I did not know his name—I am sure he is the person who dropped the bag—he escaped at that time.
DENNIS SCAMMELL (Policeman M 177). I received information and searched for the prisoner—I apprehended him on 15th January—I told him I wanted him for committing a burglary at Mr. Smith's—he said, "I was not
there"—I told him I knew better than that—he said, "It was not me"—I took him—he tried to throw me down, but I succeeded in taking him to the station.
He was further charged with having been before convicted.
WILLIAM PHILLIPS (Policeman P 228). I produce a certificate of the prisoner's former conviction;—(Read: "Robert North, convicted May, 1854, of sealing a pair of trousers. Confined Four Months.")—I was present, the prisoner is the person—he was tried with another man named Johnson—In November, 1854, he had three months for stealing 2 pairs of boots—in December, 1855, he had three months for a burglary—in 1858 he had three months for picking pockets.
GUILTY.— Four Years' Penal Servitude.
ADJOURNED TO MONDAY, FEBRUATY 27TH 1860.