CENTRAL CRIMINAL COURT.
CARTER, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 27th, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FINNISS, Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. RECORDER; Mr. Ald. HALE; Mr. Ald. CONDER; and Mr. Ald. ABBIS.
Before Mr. Recorder and the First Jury.
250. JOHN SAUNDERS (26), was indicted for feloniously embezzling the sums of 6l. 15s., 2l. 4s., and 3l. 19s. 4d.; also 7l.16s., 6l., and 2l. 11s., which he had received on account of Edward Pritchard and another, his masters; to both which he
PLEADED GUILTY .
Strongly Recommended to Mercy.— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
SAMUEL BATES . I am a corn chandler at 150, Houndsditch—the prisoner called on me about 17th January—I can't swear exactly to the date—he laid a book open on my counter and said, "Will you join your neighbours in subscribing towards the Consumption hospital in Victoria Park?"—I said I had not anything to spare, but would give him 6d.—he stood talking some time and induced me to give 2s. more, as he said I should have the privilege of sending two patients to the hospital, and likewise a book published by the society—a little time afterwards I met him coming out of a public-house; that raised my suspicions that it was not altogether correct, and I wrote to the secretary—in consequence of the answer I got, I met with him again, and gave him in custody—I should certainly not have given him the money unless I had believed he was an authorised collector for the hospital—he shewed me a book with various names and a seal attached, authorising him to Collect.
Prisoner. The policeman has got the subscription book, which it is necessary to produce (a book was here produced). Witness. That is not the book he had when he called upon me; my name is not in that book—I don't think that is the book—I think it was a very different coloured book.
Prisoner. Q. When I came into your shop did not I give you the book open on the counter? A. No; you showed me the names of my neighbours, as you told me, who had subscribed—I saw that page to which the seal is attached, after I gave you the half-crown, not before—you held the book in your hand and shewed me the names—you turned it over after I gave you the half-crown and showed me your authority—you kept possession of it—I did not see that page at the end of the book—I swear that I gave you the half-crown before I saw the seal—I had not time to read it—if I had felt so disposed perhaps I might—you first of all walked in and laid the book open and said, would I join my neighbours in subscribing to the Brompton and Victoria Park hospital—I said I could not afford to, but I would give you a trifle, and then you said about the 2s., and, thinking I might be of service to some poor creature or other, I gave you the half-crown, and then you turned the book over and said "You see I am authorised"—I said, "Are you authorised to receive subscriptions?" and you said "Yes," and showed me the seal—I say that is not the book—is my name in it?
Prisoner. No; there has been a leaf torn out in consequence of an ink-bottle being upset over it, but there never was but one book. Witness. You put my name down yourself in the book—you told me you would send me a book—you signed my name, with my consent, of course.
SAMUEL LEVY . I am a clothier of 47, Houndsditch—the prisoner called on me In the evening of 24th January—he said, "If you will subscribe 5s. to the Victoria Hospital you will be able to send in two or more patients a year;" he put a book before me, and said "Write your name in full, with the money you subscribe"—he said he came from the Victoria and Brompton hospital and that they were very poor—he said he was the collector—I gave him five shillings, and he put the book down that I should put it down—that is not the book; it was a book with a white cover—I believed that he was the collector to the hospital, and authorized by them to receive the subscription—I should not have given him the money if I had not believed that.
Prisoner. Q. When I came to your shop did not I hand you my book in that manner? A. No; you showed me the parties' names that had given you money in the same street—this is not the book you showed to me, my name is not there—I did not want to see the book—if I had liked to see it no one would have prevented me—I did not want to take the trouble of looking' at it—you said I should have a receipt from the Victoria Hospital in a few days and a book—I did not receive it.
WILLIAM JONES . I am a cheesemonger, of Skinner-street, Bishopsgate—the prisoner called on me on the evening of 22d January—he said he was collector for the Consumptive hospital, Victoria Park—I asked him if it was the hospital for diseases of the chest—he said it was, but the charity was very poor; that it was a very good hospital, and so on—I said, "I can't afford to give much, I should like to support it"—he said, "Oh, don't mind how little you give, we take as low as fourpence"—I said, "Well, I had no idea you took so little as that, however I will give you a half-crown"—I took a half-crown out of the till and put it on the counter; he entered my name in a book for 2s. 6d.—I said I should want a printed receipt; he said they did not give printed receipts for such small subscriptions—I put my hand on my half-crown again and pulled it back, and said that I thought it
rather strange for an institution of that sort to send out collectors without; consequently I would not give it to him unless I saw some of my neighbours that had subscribed—I don't know that I said anything about authority—he then said that pretty well all Bishopsgate-street subscribed—I said, "I know Bishopsgate-street pretty well, show me some of their names,"—he then said that he was not allowed to collect in the main streets but in the back streets—I said, "Well, I shall not give you my half-crown; there are many persons going about unauthorised, therefore I shall not give it to you unless you tell me some one you know that I know"—he named several persons, amongst others Mr. Moore, in our street, whom I know well—I said, "I know him well, and if Mr. Moore knows you I will give you my half-crown"—I went with him to Mr. Moore—Mr. Moore said that he knew him, and knew his name to be Elstob—I went back again home with him, gave him my half-crown, and caused him to give me a receipt on a piece of paper which I tendered to him—the officer has it—he told me he was very much obliged to me for speaking about the receipt, and he would speak to the secretary and I have a receipt—I believed him to be an authorised collector—I would not have given him the half-crown unless I had believed it.
Prisoner. Q. What was on the receipt I gave you? A. "Received of W. Jones, 2s. 6d." nothing further than that—nothing about the Consumptive hospital—I never saw that book except at the Mansion-house—I never I saw a book with a seal on it, to my knowledge—perhaps I had an opportunity of reading the book if I had asked—I did not ask to read it—I did not have it out of my hand—you showed me some of the names in it—it was on the counter—that is not the book.
Prisoner. There were two books, one Mr. Wallis had and one I had, but they were both alike.
RICHARD PEMBROKE SLATER . I am secretary to the City of London Hospital for Diseases of the Chest, in Victoria Park—it is frequently called the Consumptive hospital—I do not know of any other institution of that kind in Victoria Park—I should know it if there was—I know all the different officers of that hospital—the prisoner is not one of them—I never saw him till I saw him at the Mansion-House—he had no authority to collect for the hospital—our hospital has no connexion with the hospital at Brompton.
Prisoner's Defence. This is entirely a misunderstanding on the part of these witnesses; there has never been any book different from that, as is evident from the fact that I was collecting at the very time I was given in charge, and that book was with me. There was another book that Mr. Wallis, a friend of mine, had, similar to that: this book was given to these parties at every shop I went into; there are only three here, but there are hundreds of others who can come forward; they had every opportunity of reading it, and it is not likely I should ask any persons to put their names to a thing without they had every opportunity of seeing what it was. I have written and published a work, and I was collecting the publishing expenses by subscription, and intended to give the proceeds of the work between the two Consumptive hospitals. I had a reason for giving it to them, and I will just read this over to you, "For the benefit of the Consumptive hospitals in Victoria Park and Brompton; "that was all they read, and they ran away with the idea that they had subscribed to the Brompton hospital; whereas if they had read the whole they would have seen what they had subscribed to. It says what it was for: "Towards the defraying the expenses of printing
and publishing a work written by Dryden Elstob, for the benefit of these hospitals; to be published by Mr. Cockerell, of Leadenhall-street." He has the manuscript of the work now. "Subscriptions earnestly requested, the profits of which are to be equally divided between the above institutions. "The work is entitled, "John Wolsey's Confessions on the day of the National Humiliation;" a copy free to each subscriber. Thomas Wallis is the only person authorised by me to receive subscriptions, and persons subscribing 2s. 6d. and upwards, may have a copy. The above institutions have no endowment, and the object of the donor is to benefit them—Dryden Elstob, author, and donor." The questions they put to me I answered with respect to my own work. "Are you a collector?" "Yes." They had only read the top line; I meant, "a collector for my work." All the questions they put to me were in relation to my book: it is not likely I should have walked into a person's shop and asked them to enter their name down for anything. It is not likely I should tell them it was something quite different from what was actually before their eyes. There are lots of gentlemen's names in that book that have subscribed pounds; they knew very well what it was for; it was all through their not reading and knowing what they were putting their names down for. The fact is they have subscribed to this work; they might put their name to a bill of exchange in the very same sort of way, and then away afterwards that they did not know they had done it.
GUILTY .— Confined Eighteen Months.
The officer stated that a great many persons had been defrauded by the prisoner in the same manner.
254. JAMES BRADFORD (19) , Feloniously forging and uttering an order for the payment of 25l. with intent to defraud; also stealing a brooch and other goods the property of William Acton, and four 5l. promissory notes the property of Elizabeth Austen; to both of which he
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner for forging and uttering an order for 5l., upon which MR. SLEIGH, for the prosecution, offered no evidence.
PLEADED GUILTY .— Confined Nine Months.
257. FREDERICK SHAW (25) , Stealing 1 watch, a guard and key, the property of Durk Wiebus Boontye, in a vessel on the Thames; also stealing 1 pair of trousers, 1 shirt, 2 handkerchiefs, 1 key, and 6d. in money, the property of Harman Toering, in a vessel on the Thames, having been before convicted of felony; to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
between 7 and 8 o'clock in the evening, I was going up Regent-street, Westminster, to the pawnbroker's—I heard my husband at that time crying his fish—he gets his living by selling fish about the streets—after I heard him call I went up, as I generally do, to see how he got on with his fish—he swore at me, and said he could not sell them—I only asked him how he was getting on—he did not say anything more after that—I went a little way down the street while he was serving at two places—I thought he was coming back again and I stood at the corner of the street—instead of that he went towards home and I ran after him with the key of the room, which I had—when I overtook him all I said was "You had better take the key if you are going home, because you know where I have got to go back again"—he took the key but never spoke—he then went up Earl-street—he there stopped his barrow—I saw him take something off his barrow and come towards me, but he never spoke—at first I thought it was the little board that he scrapes the fish on, but I could not see—when he came within reach he struck at me and I put up my hands to prevent it—he did not speak then—I did not speak after that; I could not—he struck me in the neck—he only made one blow at me—all I said was that he had better not do that—I felt something stick in my neck—I don't recollect anything more—when I came to myself I was in the doctor's, Mr. Pearce's in Regent-street—I was in a fainting state—they were giving me water—they had bandaged my neck up then—I saw my bonnet—I could not see my neck; the blow was quite behind—my bonnet was stained with the fish, where the knife went through the cap—the bonnet was cut—I did not see anything in the hand of the prisoner—I am blind with the right eye—the prisoner met me face to face, and I turned my head—I turned the eye which was sightless towards him, to prevent him hitting me—this (produced) is the knife—it is my husband's knife.
Cross-examined by MR. SLEIGH. Q. That is his fish knife? A. Yes—I was married to the prisoner in 1855—we have not lived very happily—I have left him and gone to service two or three times, and he has always made me go back to him when he has found me—I never struck him—I have been obliged to run away from him—he took my eye out with a fork—I did not strike him on any occasion—he was the worse for liquor on this occasion—he did not say many words—he only swore and said he could not sell the things—I had not just previously to that been speaking to him in very harsh language, scolding and abusing him—it is all false—I had not said a word to him, for I was frightened, I dare not answer him—at dinner time that day he took my dinner away from me—I had not had any meat all the week, and he said I should not have any then, and he tried to strike me with a knife—I did not quarrel with him at all—he had given me some money to redeem some things—that was before he left, at the time I went to the pawnbroker's, and I had to wait there a long time, and I heard him crying out his fish, and I went out to him, naturally enough, to see how he was getting on—all I said was "Owen, how are you getting on"—I said nothing about any woman—there is no truth in that—I was not for two or three days previously continually charging him with going after some other woman.
MR. LILLEY. Q. You said your husband had been drinking? A. Yes; he drinks very hard—he is always drinking—he was sufficiently self-possessed to cry and sell his fish—and he took his barrow home and put all his things away while I was at the doctor's.
—I was passing by Thomas's-brewery, in Westminster, between 7 and 8 o'clock on Saturday night, the 4th February—I there saw the prisoner and the last witness—they were both speaking at different intervals—I walked a few steps and turned round—after doing that I saw the prisoner come from his barrow—he, as I thought, struck her with his fist—he raised his arm—I did not see anything in his hand, but the next moment the prosecutrix cried out that she was stabbed—I went up to her—the prisoner walked away with his barrow—I found the prosecutrix bleeding profusely from her neck—two other men came up and took her to the doctor's, and I went in search of the prisoner—I could not find him.
Cross-examined. Q. Was it the loud talking of these persons that attracted your attention? A. Yes—I was passing by on my business—the prisoner was walking with his barrow, and the woman was walking beside him on the pavement—I could not hear what they said—they appeared to me to be quarrelling—I did not hear who appeared to have the best of the quarrel—I did not hear at all what language was made use of by the woman.
MR. LILLEY. Q. Who was the loud speaker, the man or the woman? A. I did not take particular notice—I could tell they were quarrelling from the way in which they spoke—I did not think either spoke louder than usual; their quarrelling attracted my notice.
COURT. Q. They appeared to you to be quarrelling, by their manner? A. Yes; they were not speaking loud at all.
JOHN O'BRIEN (Policeman, B 269). I took the prisoner into custody between 7 and 8 o'clock on Saturday night, 4th February, in Peter-street, Westminster—he lives in the same street—he was out of doors walking along the street—he had not his barrow with him—I told him I wanted him for stabbing his wife—he told me that he was very sorry—I went to his house—I found the knife, which I produce, at his lodging.
Cross-examined. Q. Was he the worse for liquor? A. No, he was not—I counted him to be perfectly sober at the time—it was about an hour after this matter, to the best of my belief—he did not tell me that he was the worse for liquor—he did not tell me that he did not know he had the knife in his hand at the time.
MR. LILLEY. Q. What time was it that you took him into custody? A. To the best of my belief between 8 and 9 o'clock—I can't say exactly how much after 8, perhaps about half-past 8—I received information about an hour before.
WILLIAM PEARCE . I am a surgeon of 45, Marchmont-street, Westminster—the prosecutrix was brought to my shop about half-past 7 on Saturday evening, 4th February, in an insensible condition—I examined her—I found her bleeding from a wound on the right side of the neck—it was about an inch long—I probed it—it was about half-an-inch deep, rather more—in the immediate neighbourhood of the wound there are many large vessels and arteries—looking at the position and nature of the wound, it was likely to have been most serious—I am only astonished that the woman was not killed—it might have been an inch-and-a-half from the jugular vein—it was within one-eighth of an inch of the carotid artery—when she was first brought in and laid on the floor I thought she was dead—she is now in a bad state of health from loan of blood—this knife is a sort of instrument which might have inflicted the wound.
Cross-examined. Q. The wound was behind the jugular vein? A. Yes—the cut would of course be in the muscles at the back of the neck—I mean to say that I am surprised she was not killed by that wound—it might have penetrated the carotid artery—it was immediately over the carotid artery, and I am only astonished that the wound did not penetrate.
COURT to EDWIN FANNER. Q. Were you able to form any opinion as to the state the prisoner was in? A. From what I could see he was sober—there was nothing to lead me to a contrary conclusion.
GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .— Four Years' Penal Servitude.
The prisoner received a good character from the authorities of the post-office, in whose employment he had been fifteen years.
NEW COURT.—Monday, February, 27th, 1860.
PRESENT.—Mr. Ald ROSE; Mr. Ald HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MESSRS. ELLIS and COOK conducted the Prosecution.
JAMES BRANNAN . I was an inspector of the G division of police—on Wednesday, 1st February I went with some officers to a house in Featherstone-street where I could command a view of Featherstone-court—I saw Jervis come out of the court—he went a short distance and returned back again to Featherstone-court—he there joined Martin who came out of a doorway—I saw both their hands meet as if one handed something to the other—Martin's hand joined Jervis's hand, who was standing by a barrow—Martin then put his hand into his right hand trousers pocket—they then both came up the court—Jervis was wheeling the truck—they were very close together—I rushed from where I had been concealed and seized both of them by the collar—they struggled, and Martin attempted to sit down—at that time Elliot came to my assistance and we secured them—Mr. Bryant and Sergeant Brannan secured Elliot, and I secured Martin—we forced them into the passage of a house, and I said to Martin, "Well, Dick, I have received instruction from the authorities of the Mint to look after you respecting counterfeit coin"—he said, "I did not know it was bad, Mr. Brannan; I picked it up"—Jervis said to him, "Why the b—y hell did not you drop it"—I then put my hand into Martin's right hand trousers pocket and took from it two packets, one containing four and the other six counterfeit shillings—they were separately wrapped in paper, and all put into one packet—we then took the prisoners to Martin's lodging—Jervis became very violent; we put him in a chair and he said, "If it were not for such as us you would starve"—and he said to Martin, "If you had not been a b—y fool you would have thrown them away"—and he said, "You know you have nothing against me; you found nothing on me."
Martin. I did not struggle. He rushed upon me and nearly knocked me down.
him take from Martin's pocket two paper packets containing counterfeit money—I searched him and found on him a florin, 3s. and 3d. all good—he said, "You will find that all good"—we afterwards went to search his lodging—we took the prisoners to the court, and in the waiting room Jervis said," What a b—y fool you was to let them find them on you; if I had kept them I would have seen them d—d before they should have found them on me."
BENJAMIN BRYANT . I am inspector of the G division—I went with the other officers to take the prisoners—I saw them come out of the court—I assisted Mr. Brannan in taking them—I was taking Jervis to the station, and he said, "What the hell are you going to take me for"—I asked him if I should tell him"—he said, "Of course, I want to know"—I said, "You are charged with Martin with being in possession of ten counterfeit shillings"—he said he never had one, and he did not care a d—n.
JAMES BRANNAN (Police-serjeant, G 21). I searched Jervis—I found nothing on him—he said, "There is one good thing, you can't hurt me; you found nothing on me"—he was very violent, and made use of very bad language.
Martin's Defence. I found them on the Tuesday night, as I was taken on the Wednesday-morning—I always worked hard for my living.
Jervis's Defence. I never knew that he had one.
MARTIN*— GUILTY .— Confined Twelve Months.
JERVIS**— GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
JOHN KEMPSON . I am in the service of Mr. Stanley, a butcher—on Monday, 13th February, the prisoner came to his shop about half-past 8 o'clock—she bought three-penny worth of meat—I weighed it, and she offered me a half-crown—I took it and put it in the till—there was no other half-crown there—I gave her 2s. 3d. change, and in about five minutes after she was gone I looked in the till, and saw the half-crown was bad, and there was not another half-crown in the till—I put it by itself, and when my master came I gave it up to him—on Monday evening, 20th February, the prisoner came again about half-past 8 o'clock—she then brought in five-pennyworth of meat—I weighed it, and she tendered me in payment a half-crown—I saw it was bad, and I recollected her when she came in, before she offered the half-crown—I said, "You are the same woman that came last Monday night, and gave me a bad half-crown"—she made me no answer—I called my master and gave him the half-crown, and I said, "Here is a bad half-crown this woman has given me, and this is the same woman that gave me one last Monday night"—I gave that half-crown to my master.
GEORGE STANLEY . I am a butcher, and live in Cambridge-road—the last witness is in my service—I recollect his giving me a bad half-crown on 13th February—I put it by itself, and gave it to the policemen on 21st February at Worship-street—on 20th February my man gave me another half-crown which was bad, and he said the prisoner was the same woman that gave him the first, and that she had given him the last—I gave her in charge, and I gave the policeman the half-crown—I gave the other to the policeman the next day.
the prisoner in custody—I received this half-crown from Mr. Stanley—the prisoner said she did not know it was bad—that she had it given her in change for a half-sovereign at a tobacconist's—she did not give any name—on 21st I received this other half-crown from Mr. Stanley.
Prisoner's Defence. I did not know it was bad. I got it at a tobacconists in Whitechapel.
GUILTY .—Recommended to mercy by the Jury.— Confined Four Months.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
MARY BRYAN . I am the wife of Frederick Bryan—we live in Mile-end New-town—we sell coals—on Saturday, 28th January, the prisoner came about the middle of the day; she asked for a quarter of a cwt. of coals—they came to 4 1/4 d.—she said I was to give the boy change for a shilling, and he was to take the coals to Elizabeth-place—she and the boy left the shop together, and she turned the wrong way to go to Elizabeth-place—I said, "You are going the wrong way to go to Elizabeth-place"—she said she did not mean Elizabeth-place, she meant Spring-gardens—I had given the boy the coals and 7 3/4 d.—he returned to the shop and brought the coals back with him, and gave me a bad shilling—I put it to my teeth and bent it; I then turned it and bent it the other way and it came into two pieces—I put the pieces in the fire and thought it was done with—I saw no more of it—on Friday, 17th February, the prisoner was brought to my shop in custody—I knew her again, but I said I would not give her in charge—I did not want the trouble of it, but I knew her to be the same woman.
HENRY ALFRED HUGHES . I live at 2, Spring-gardens—I am coal-boy to Mrs. Bryan—I was in the shop when the prisoner came and asked for a quarter of a cwt. of coals—I weighed them and got 7 3/4 d. change from Mrs. Bryan, and she said, "Go with this lady"—when she was going out, Mrs. Bryan said to her, "That is the wrong way to Elizabeth-place," and she then said, "I meant Spring-gardens"—my mistress said I was to go with this lady, and she would give me a shilling and I was to give her the change—I went with her and when we got to the corner of Spring-gardens, she said, "Give me the change, and I will give you the shilling—I gave it her, and she gave me a shilling, and she said, "Go and take the coals to No. 9, and ask for Mr. Pike—I went there, but I did not find any body that would take the coals, and I took them back to Mrs. Bryan and gave her the shilling, and she said it was a bad one—I saw the prisoner again last Friday week and I said to her, "Please to give me the change out of the shilling"—she said, "I will give you a smack of the eye; I never saw you before"—she gave me two or three smacks—she did not give me the change—I followed her and I saw a constable, and he took her.
CAROLINE BISHOP . I am the wife of George Bishop; he keeps a coalshed at 3, Chicksand-street—on Thursday, 16th February, the prisoner came between 6 and 7 o'clock in the evening—she asked for a quarter of a cwt. of coals—they came to 4d.—she told me to send them to Dunk-street, next door to Mrs. Lidgrove's, and to send change for half-a-crown by the boy when he went with them—my boy Thomas Wood was in the shop—he weighed the coals and I gave him 2s. 2d. change—he and the prisoner left the shop both together—in about ten minutes Wood came back with the coals on his shoulder—he gave me a bad half-crown—I put it on the table and sent for my husband and gave it him.
THOMAS WOOD . I am a coal heaver at Mrs. Bishop's—I recollect Thursday 16th February—I saw the prisoner in Mrs. Bishop's shop—she asked for a quarter of a cwt. of coals—I got the coals and 2s. 2d. from Mrs. Bishop—she told me in the prisoner's hearing that the coals and the change were to be given to this woman, and she would give me half-a-crown—the prisoner and I both left together—we got to the corner of Dunk-street and the prisoner said, "Give me the change and I will give you the half-crown"—I gave her the change and she gave me a half-crown—she said, "I might as well have paid your mistress for the coals"—she told me to take them to No. 2, next door to Mrs. Lidgrove, up two pair of stairs—I went there and no coals were wanted—I took the coals and the half-crown back to Mrs. Bishop.
WILLIAM WARD (Police-sergeant, H 48). On 17th February, Hughes pointed out the prisoner to me and I took her in custody for uttering a counterfeit shilling—I took her to Mrs. Bishop's and she identified her—I got this half-crown at Mrs. Bishop's—there was nothing found on the prisoner.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
FRANCES MARIA COOMBS . I keep the Castle Inn at New Brentford—on 23th February, the prisoner came there between half-past 2 and 3 o'clock—she asked for half-a-quartern of peppermint and a biscuit—the amount was 3d.—I served her and she gave me a half-sovereign—I took it to the bar-parlour to get change, and I noticed there was a crack on it—I shewed it to the prisoner and I said, "this half-sovereign is cracked—when I took it to the parlour, my father said he could not change it—I took it back to the prisoner, and she said she was innocent; she had taken it of a gentleman last night—she said "Give it me back; I may perhaps see him again, and I will change it"—I did not give it her, I kept it and when the constable came, I put a mark on it and gave it to him.
ELLEN TENVEY . I am barmaid at the Wagon and Horses at Old Brent-ford—on Thursday evening 23d February, the prisoner came about half-past 6 to the bar and asked for half-a-quartern of gin and a biscuit—it came to 3d.—I served her and she gave me a half-sovereign—I asked her if she had any other change—she said no, she had not—I saw the half-sovereign was bad, and I asked her if she knew where she had taken it—she at first said she had taken it at a shop, and afterwards that a gentleman gave it her on the previous evening—she said I might keep it if I liked till the next morning and she would bring the gentleman that gave it her—I sent for a policeman and gave her in custody—before the constable came, she gave me 2d. towards paying for the gin and said she would give me the other 1d. in the morning; and, if I would forgive her, she would never do it again—I first put the half-sovereign into my mistress's hand, but it was never out of my sight—she gave it me again, and I gave it to the police constable directly he came.
EDWARD FIELDER ,(Policeman, T 157). On Thursday 23d February, I was called to the Wagon and Horses, at Brentford, between 6 and 7 o'clock—I saw the prisoner sitting down in front of the bar—I received this half-sovereign
—the last witness said she had taken it from the prisoner; she marked it and gave it to me—I told the prisoner I must take her in custody, and I asked her if she had got any more—she said, "No," and then she pulled this purse from her pocket which had two good shillings in it—she said a gentleman had given her the half-sovereign—I took her to the station, and the next day I went to the Castle Inn, and Mr. Coomb gave me this other half-sovereign, which he marked.
GUILTY .— Confined Nine Months.
264. SARAH WELLS (35) , Forging on 7th January a receipt for 2s. 6d. on 11th December a receipt for 3s. 1d. and 12th November a receipt for 3s. 5d., with intent to defraud. Second Count, uttering the same; to which she
PLEADED GUILTY .— Confined Four Months.
265. HENRY SCOTT (26) , That he being bailie of David Swaebe of 1 1/2 pounds of tobacco, value 6s., did fraudulently convert the same to his own use, and steal the same, having been before convicted of felony; to which he
PLEADED GUILTY .— Eight Year's Penal Servitude.
OLD COURT.—Tuesday, February 28th, 1860.
PRESENT—Mr. Ald. CHALLIS; Mr. RECORDER; Mr. Ald. ROSE; Mr. Ald. HALE; and Mr. Ald. ABBIBS.
Before Mr. Recorder and the Second Jury.
266. JOHN EDGAR (37), and EDMUND MOORE (31) , Stealing an iron safe, containing 100 sovereigns, 50 half-sovereigns, 100 shillings, 100 pence, 3 ounces of gold, value 12l. and 215l., and other moneys, the property of Our Lady the Queen.
MR. COLE and the HON. DUDLEY CAMPBELL conducted the Prosecution.
WILLIAM WRENFORD . I live at 8, Hargrave-park-road, Junction-road, Upper Holloway, and am a collector of Inland-revenue—my offices are in Gresham-house, Old Broad-street, Nos. 23, 24, and 25—there is a corridor running out of the main passage—the passage goes right through the house from street to street—there is one entrance in Old Broad-street, and one in Bishopsgate-street—there is a counter in the office—Nos. 23 and 24 form the public offices for the reception of duties—this counter is between the two-there are two cupboards, and about half-a-dozen drawers in that counter—I had an iron safe in one of those cupboards—it contained 215l., consisting of a cheque, Bank of England notes, gold, silver, and copper coin, and some defaced gold—it was a wrought iron safe with bands, opening at the top, and shutting down with a spring lock—there were 112 sovereigns, and 9 half-sovereigns in it—there was 1l. 11s. 71/4d. in copper—there was 60l. in bank-notes, twelve fives, I believe, but I can't speak positively to that—there was 4l. 19s. 10d. in one bag, in half-crowns, sixpences, shillings, and one fourpenny piece, and 3s. 6d. with the defaced gold, in small coin, that had been received for the deficiency—the length of the safe was about twenty-two inches, the breadth about fourteen or fifteen, and the depth about the same, fourteen or fifteen—there were rivetted bands over the top, and over the sides of the safe—it was something similar to this
(looking at a drawing produced)—I last saw the safe on 16th January, about ten minutes to 5 in the evening—I locked it then, locked the cupboard-door, took the keys away, and left the office—I returned to the office the next morning about 9—I found that the lock of the cupboard had been forced, and the safe was gone—there were the marks of an instrument on the cupboard door—a part of the lock adhered to the cupboard—I know the prisoner, Edgar—he won employed about a fortnight previously in making a communication between my office and the office of the distributor of sea-policy stamps—it was a small communication in a door which separates the offices, through which to pass printed papers—I don't recollect his being there on Saturday 14th—he was there at the latter end of the week—but I can't speak positively as to the day, whether it was Friday or Saturday—about a month previously I wanted an iron safe behind the one that was stolen got out, and my clerks called Edgar in to assist in getting it—that was from the same cupboard.
COURT. Q. What was the weight of the safe? A. I should suppose about a hundred and a half, as near as I can form an opinion.
Cross-examined by MR. SLEIGH (for Edgar). Q. How far back had Edgar been working there? A. He had been working in the offices I should think from about December, but I cannot speak positively as to how far back it was since I first saw him working there—I have not seen him there for the last year when anything required it to be done—he did not fit up my offices at all—I am not aware that he was in the habit of working there and doing repairs—the latest period I recollect seeing him there was in November or December of the last year.
Cross-examined by MR. METCALFE (for Moore). Q. Do you recollect when the placard offering 50l. reward was issued? A. About two or three days afterwards, I think—I do not remember the exact day—I think it was about Wednesday or Thursday.
ANNIE MARIA BARKER . A. I am a widow, and live at Liverpool-buildings, Bishopsgate-street—I have charge of the offices at Gresham-house—there is a passage there which runs straight through the house on the ground floor, with corridors running on each side of it—there is a door at the end of the corridor which encloses all the rooms in that particular corridor—I have charge of Mr. Wrenford's office with tho others—on the evening of Monday, 10th January, I was, as usual, at the office—I went to Mr. Wrenford's office—it was locked—I have a master key which opens all the offices—I opened Mr. Wrenford's office, went in, and raked out the fires—when I went in I left the key in the lock on tho outside—after that I went to some of the other offices in the same passage, leaving the key in the door—about ten minutes after, a little girl said something to me, in consequence of which I went back to Mr. Wrenford's office, went in, and found the two prisoner there—they wore holding conversation—they were both standing together, talking—they were in the clerks' office, whore the cupboard was—I spoke to the—when I first Mr. Wrenfords it was about, and when I got in there the second time it was about ten minutes after—I asked them if the French polishing was not done yet, and Edgar said to had brought his friend to see one or two jobs that had to be finished, pointing to the communication between Mr. Wrenford's office and the spoiled stamp office—there is a piece of mahogany leading through—it is just large enough to be able to hand something through—I stayed there about five or seven minutes, 3d. the fires out again, and went out, leaving them in the office—I did observe any change in the key at that time, not till they were gone—I went to get the key to open the doors, I did not observe that it was
not outside—I left them and went into another room, 27 or 28; they lead from one to another—a few minutes after the prisoners came into that room, and Edgar said to Moore, "These are the two chairs that I was speaking to you about"—there was an old chair in the office which was not polished—they stayod in the room five or six minutes and then left—I saw nothing more of them that night after they left that room—there is a water-closet at the end of the corridor—sometime after they had left, I went back to Mr. Wronford's office to get the key—I then found it on the inside of the lock; I had left it on the outside—I left the corridor about a quarter of an hour after that—I left a few minutes before 7—when I left at that time I put the key of Mr. Wrenford's office under the door mat, in the centre of the mat, that is the master-key—I then left the corridor, looking the corridor-door, and put the corridor key in the night porter's chair, that I might get it in the morning—the key of Mr. Wrenford's office also opens the corridor-door, the master key opens the corridor-door as well—any person who had possession of that key could open the corridor—I saw nothing more of the offices or the prisoners that night—I got there the next morning about twenty minutes or half past—I got the key from the night porter, and let myself into the corridor—I went to Mr. Wrenford's office and looked for the key, and found it in a different position to what I had left it—it was under the corner of the mat instead of the centre—nothing attracted my attention then—while I ran in Mr. Wrenford's office, Edgar came in and shewed me a screw-driver—that was about half-past 7—he asked me if there were any men at work in the passage—I told him "No"—he said there had been somebody at hit basket who bad taken away a number of his tools—later in the morning I saw him again—he came back a few minutes after with the head of a hammer, showed me it, and said the handle was gone, he had only found the head of the hammer—I met him in the passage again later, after the discovery of the breaking open of the cupboard—he said to me, there was an iron safe stolen out of Mr. Wronford's office, and it was a strange thing, his screwdriver fitted the part that undid the cupboard-door that the safe was in—he did not say what part of the cupboard—it was twenty minutes past 10 when I left that morning—I had been to the office on the Monday-morning—Edgar was not there—I must hare seen him if he had been there—I did not see him all day on Monday, not till the evening—I was then about twenty minutes past 10; he was not there then.
Cross-examined by MR. SLEIGH. Q. How is there a communication with this passage and these offices of Mr. Wrenford's from the street? A. It it a public passage; there is a door at each end, the Bishopsgate-street end and the Broad-street end—those doors are closed at night—the master key was put under the mat—the other key the key of the corridor that leads into the Inland-revenue offices—the master key will open the door that leads into the passage—that is the key I left under the mat—the porter's chair is at the end of the passage, at the Broad-street end—it is close by the head porter's lodge—the porter was not there when I deposited this key—I can't said at what hour of the night these outer doors are closed ordinarily—they were not closed that night at the time I left—there were no other tradesmen working in the passage besides Edgar off the Monday—it is a large building, but I have nothing to do with the other part of the building—the porter is here; his name is Addington—I did not see him that evening when I left the key in the chair;—when I got there the next morning the public door at tho Broad-street end was open—that is the end at which the porter's chair in—the porter was there when I arrived the next morning.
Cross-examined by MR. METCALFE. Q. You say there are chambers in there; how would any one get into the chambers between 7 and half-past 8 while the porter was away? A. They could get in at the Bishopsgate end—I do not know whether they could get in at that end all night; the doors were open at twenty minutes past 7 in the evening, for I came through to go home from my work—they could not get into my chambers then; they could into the other chambers—when Edgar said he had brought his friend to look at the job, he pointed to the communication from Mr. Wrenford's room to the other office—I understood him to mean that he said he had brought his friend to look at one or two jobs that had to be finished up, polished—after I left the room, they remained from five to seven minutes, and then afterwards they came into the room where I was, to enquire about the chairs—there were no tools in the room where I was in.
MR. COLE. Q. Supposing a person had left Mr. Wrenford's office, could they have gone out at the Bishopsgate-street end without passing the porter's lodge? A. Yes; there is no porter's lodge at the Bishopsgate end, and it is only a short distance—the chair I speak of is close to the porter's lodge—there is a little recess, and the chair is in the recess—the porter from the lodge can see the chair—I put the key in the arm of the chair; slipped it down so that it could not be seen by anybody—I knew where to find it in the morning—the porter knew where it was—the Bishopsgate-street door was open when I left, and I passed afterwards and saw it was open then.
COURT. Q. Is there a communication between offices 27 and 28 and Mr. Wrenford's offices? A. Yes; the small communication that the man spoke of—27 and 28 is the Sea-policy office—there is no way by which a person could pass from one to the other, only that little hole—they are adjoining offices—No. 23 is Mr. Wrenford's private office, and the clerks' office is No. 24 and 25—the counter is in 24; 26 is a private door—there are two doors in one room, 24 and 25—the Sea-policy office is 27 and 28—the only communication between 23 and 24 and the Sea-policy office, is the little hole in the wall that I have spoken of.
Q. Was Edgar doing any work on the Tuesday morning at the office? A. I did not see him do any work, but he was there, and it was then that he shewed me the tools—I did not see him doing any work in any of the offices—there were a few of his tools in the passage on the Monday—he was at work there on the Friday and Saturday before, and the tools had been left there from that time.
WILLIAM WRENFORD (re-examined). There was nothing for Edgar to do in my office on the Tuesday—the communication that has been spoken of between my office and the Sea-policy office had been completed a fortnight before—I am not aware that there was anything to do to it.
MR. SLEIGH. Q. Were there not some further repairs which you had been speaking to Edgar about on the Saturday previous? A. On the Friday or Saturday previous I had spoken to him about some other repairs; and he wanted me to give him an order, but I said, "No, you must communicate with your foreman"—those repairs had not been commenced on the Monday.
COURT. Q. Nor ordered? A. Nor ordered, to my knowledge.
MR. SLEIGH. Q. But the matter was under consideration? A. I had heard nothing further about it; it would depend upon whether he got any orders from the foreman—they were repairs in my own room, a few hatrails and hooks on the door—I spoke to him because I could not see his foreman—I told him to come and take an account of them, and communicate
with his foreman about them—that was about the latter end of the previous week.
MR. COLE. Q. Did you shew him at that time the work you wanted done? A. Yes; I pointed it out to him, and he took an account of it then.
JURY. Q. Then he had no further business on the premises? A. No; unless directed by the foreman or the architect.
COURT. Q. Not in consequence of anything that passed with you? A. No; he asked me for an order, and I would not give it him.
JOSEPH ADDINGTON . I am night porter at Gresham-house—I was there at half-past 8 on the evening of Monday, 16th January—I cannot answer for the state of the corridor door at that time, for I was down stairs, getting coals up into the building—I do not know whether it was open or shut—I went down at 6 o'clock, and I was up about half-past 8 or a quarter to 9, as near as I can guess, from the cellar—I left the door shut; when I came back, the Inland-revenue door was open—that is the door belonging to the corridor leading to the Inland-revenue office.
Cross-examined by MR. SLEIGH. Q. "Were you examined before the Magistrate? A. No—the keys of the corridor are left in my chair at night; I that is their usual place—this Monday evening I was engaged in getting coals from 6 till half-past 8 or 9 o'clock—I do not know what time Mrs. Barker went away—when I came up the Inland-revenue door was open—I found the key in the place where it ought to have been, in my arm-chair—although the key was in my chair, the door to which it belonged was I open—I did not examine the lock of the door to see what state it was in—I the door was standing open—the lock had not been picked—it was not examined by any skilful person, to my knowledge—I do not know whether it was opened with a key or how it was opened.
COURT. Q. Did you lock the door with the key? A. I did, and had the key in my possession till the next morning, till Mrs. Barker came.
MR. SLEIGH. Q. When you found the door open, did you go into the chambers? A. Not till I had been to the head-porter and asked him about it—I did not then go into the rooms, only into the passage—none of the room doors were open; they appeared to be all locked and safe—nothing appeared to be amiss then—that was about 9 o'clock at night.
JAMES STOKES . I am a cab-driver, and have been so ten or eleven years—I drive No. 3,657—on 16th January last I was on the Four Swans stand, Bishopsgate-street—I know Gresham-house—the Four Swans stand is about 100 yards, I should think, from the entrance into Gresham-house from Bishopsgate-street—I was called off the stand about 7 o'clock that evening—the prisoner Moore is the person that called me—he told me to pull round, and I followed him up Camomile-street to St, Mary Axe—I went about twenty or thirty yards up St Mary Axe—that was about 100 or 150 yards, I should think, from where I pulled off the stand—when I got to that part of St. Mary-axe, I saw Edgar standing there, with an iron safe by his legs—it was, I should think, as near as I can guess about eighteen or twenty inches long; it might be a little more or less, I can't say exactly; and about twelve or fifteen inches wide, I should think—I noticed two bars across the top of it, and a handle at each end—it was something similar to this (looking at the drawing produced)—when I got there, they put the iron safe in the cab and told me to drive to the Marlborough Head, Bishopsgate-street—I did so—Edgar got out of the cab, went into the Marlborough Head, brought out a basket of carpenter's tools, and put them in the cab—he asked Moore whether he would have some beer—he said, Yes, and
Edgar fetched out a pint of porter—they drank it—they gave me some—I gave Edgar back the pot and he finished it, and I took the pot back again into the Marlborough Head—I saw Mr. Field—he was in the front of the bar, serving customers—after taking back the pot, I got on my cab and Edgar told me to drive to the corner of Montague-street, Bloomsbury-square—I did so, and Edgar pulled me up at the corner—he jumped out, took the tools out and ran down Montague-street with them—I know Montaguemews—he went towards there—he was away, I think, a minute, or a minute and a half at the outside—when he came back, he had no tools at all—he paid me, and assisted in taking the iron safe out of the cab—he said his portmanteau was very heavy—I said, "Indeed it is"—it did seem rather heavy—I think one man would have a difficulty in getting it—they went down Montague-street with the chest, towards the news—Edgar paid me—I drove off and that was all I saw of them—on the Thursday, some days after that, I was at the public-house in Bishopsgate-street—I saw a policeman and a bill which I read over—I made a statement to the policeman and gave a description to him of the two men whom I had driven—I am certain the prisoners are the two men.
Cross-examined by MR. SLEIGH. Q. You never did express any doubt at all about it, did you? A. No, never; not to any person—I am quite sure that I never expressed a doubt about either of them—that is the bill that I saw (looking at a hand-bill)—I first saw it about 9 or 10 o'clock on the Thursday night—I had not seen the officer, Brett, nor any of the officers previous to seeing the bill, nor had I made any communication about the matter—I had never seen either of the prisoners before that I am aware of—it was dark at the time, of course—I did not, upon seeing the bill, communicate with inspector Hamilton—I told the officer, Watkins, the man who was distributing these bills, that I drove the two men—that was on the Thursday evening—I was taken by Brett the officer to the house where Edgar lives—I had not been to the police-station previously—I did not go with Brett alone; two other officers accompanied us—they all three came down to my place between 9 and 10 on the Friday morning for the purpose of going to Edgar's—on going there, we did not all go into the house together—I was outside in Montague-street—one of the officers called me in, and, pointing out Edgar to me, asked me if that was one of the men, and I said that he was the man—I did not go outside the door of the room in which Edgar was before I made any answer—it is not the case that on being asked if I knew him, I did not say whether I did or not; I said that he was the man—I did not shake my head at the time, and go into another room with the officer and then come back and say, "Yes, he is the man"—I never went into a second room—I went into one room at the top of the stairs; that was the only room that I was in—Edgar was with me all the time—I was cross-examined at the police-court—I did not go into another room with the officer before I said, "That is the man"—the officers and I left the house without taking him into custody—after my telling the officers that that was the man, we left him there—he asked the officers whether they wished him to remain at home or not, because if they did he would remain there as long as we liked—the officers and I then went into Montague-street—we did not go to a public-house there—we walked up the street—on the Saturday Edgar was taken into custody and examined at the police-court—I was examined the next day before the Magistrate—Edgar was not discharged—after coming away from the house where I had seen Edgar, one of the officers did not produce the bill nor did
I read it down previously to their going back and taking him into custody—I never saw one—I had not one of them with me—I had seen one on the Thursday night—when I went into the room to see Edgar he was entirely dressed—he had both his coat and hat on—I did not then say that that was not exactly the dress of the man—I did not say I thought that the clothes of the man I saw were rather darker—I said his coat seemed to be rather darker at the night time, by the gas light.
Cross-examined by MR. METCALFE. Q. Where did you first see Moore, he was brought to you in Bishopsgate-street by the police, was he not? A. Yes; on the Friday night—I was on my rank at that time—three policemen brought him in custody up to the cab and asked me whether he was the man, and I said, "I believe him to be the man"—I did not at any time afterwards tell Brett that I had some doubt whether he was the man—I never said to Brett that I was doubtful whether he was the man—I never expressed any doubt at all about it; as soon as I saw him at the station-house I knew that he was the man that took me off the rank—they brought him to me first on the rank, but I went to the station-house afterwards—I believed him to be the man when I was on the rank, but when I saw him at the station-house I was quite sure—he was walked up and down before me once or twice at the station-house—I did not, before I got to the station, express any doubt to the officer, Brett—Brett was inside with the prisoner, and I was outside—he was walked up and down by himself, by the officers, in order that I might see him—that was after I said I was certain that he was the man—it was that I might see him more—I did not say anything about his walking; nothing at all—I can't tell why they walked him up and down in the station; they said nothing to me about it—after he was walked up and down they asked me if he was the man, and I said yes—they had asked me that before—I don't know why they asked me again—I did not, before we got to the station, express a doubt to Brett whether he was the man—I said to Watkins the first night that I should know him by his walk—I had never seen either of these men before that I know of—I saw, Moore only while he called me, and until he got into the cab, which occupied perhaps about two minutes—he got out of the cab when he got to Montague-street and walked away directly—Edgar paid me—I don't know the name of the public-house where the constable came in and distributed the placards; it is at the corner of Clark's-place—I at once said, "I had those two men."
MR. COLE. Q. Had Moore the same whiskers that he has now? A. Yes; I saw him very plainly while sitting in the cab—there are gas lights down the street where my cab is—I had an opportunity of seeing him by the gas lights as he walked along—he walked sometimes in front of me, and sometimes I was close to him—I am certain he is the man—I was in the public-house when the policeman came in with the bill—I had not heard of the robbery before, but on seeing the bill I said, "I drove those men"—where I went to see Edgar there are stables down stairs and rooms "up stairs—after we left, the policeman returned again and apprehended Edgar, and took him away then and there.
GEORGE FIELD . I keep the Marlborough Head Tavern, Bishopsgate-street—I know both the prisoners—I know Edgar very well—he was at my house on Monday, 16th January—between 5 and 6 o'clock was the first time I noticed him—he brought in a basket of tools and asked if he could leave them there a short time; I directed him to place them in another room, meaning a small room where we put luggage and parcels—he went
away then—he returned about 7 o'clock, I should say, the same evening; he called for the tools—I directed him to get them, as he knew where he had put them—I do not know how he came the second time—I do not know whether he walked or how; I have no idea; there was a cab at the door, but I do not know that he came with it; I did not see him get out of it—he asked me for the basket of tools, and I directed him to fetch them as he knew where he had put them; he brought the tools to the bar, took them to the cab at the door, put them into the cab, and came back and had a pint of porter which he took outside after paying for it, and the cabman brought in the pot—Stokes was the cabman—I have known him a long time—he is the man who has been examined here—about twelve or fourteen years ago he was ostler to me, and therefore I have a good knowledge of him.
Cross-examined by MR. SLEIGH. Q. Edgar was in the habit of using your house, was he not? A. He was, coming there almost every day perhaps, I have not taken much notice—I believe that was the only time he left his tools there, to my knowledge, and I am always in the business—I know it was on that particular day that he left them—my attention was called to this matter in the course of the week, I believe by one of the officers—I was asked whether on the Monday he had left some tools there or had been there—that was the way the matter was brought to my recollection.
MR. COLE. Q. Was it very usual for him to fetch his tools in a cab? A. I saw them put into the cab, and the cabman brought in the pot and drove off—it is not usual for a carpenter to fetch away his tools in a cab—I am not in town every night; only on Monday and Thursday—this was a night that I slept in town, because I was left alone in my business.
COURT. Q. You were not there on Tuesday or Wednesday? A. No; nor the Friday or Saturday; therefore it makes it quite clear in my mind, if it had been a month afterwards.
GEORGE WATKINS . I am a detective officer of the City-police—I apprehended Edgar on the 17th—I told him I should take him into custody on suspicion of stealing an iron safe from the Inland-revenue office, Gresham House, old board-street—he said he had heard there had been two gentlemen looking after him—I said, "Did you leave Gresham House on the Monday?" he said, "No, I was very busy, for I had several little jobs to finish"—I said, "Did you not go into the Marlborough Head at all?" he said, "No, I was not in Field's at all all day—I then took him to the Secretary's office, and from there to the station, where I searched him—I found on him two keys, a knife, and a box—he said one of the keys belonged to the water-closet at the end of the corridor—he was taken before Mr. Alderman Cubitt on the Wednesday, and discharged—at that time I had not heard of Stokes, the cabman—on the Thursday night I was in a public-house in Bishopsgate-street, taking in some bills—Stokes, the cabman, was there—he saw one of the bills and read it, and he made a communication to me then and there—he gave me a description of some persons—upon that I went to Edgar's on the Friday morning, and took Stokes with me—Brett and Leonard were with us—I saw Edgar at his house; he came and opened the door to us, and I went in—I told him we had come to re-search his place (I had searched his place when I first apprehended him and found nothing) I said we had come to re-search his place, and take him into custody, as I had found the cabman that was called off from the rank in Bishopsgate-street, that took him, and a man answering to the description of Moore, up in St. Mary Axe, with an iron safe—he said, "Not me"—we searched the place, and found nothing—when
he said, "Not me," I said, "Were you at the Marlborough Head on the Monday with a basket of tools?" he said,"No, I neither left tools there nor fetched any away"—Stokes was fetched; he came up stairs and identified the man—I afterwards apprehended Moore, on the same night—I told him that I should take him into custody for stealing the iron safe; he said, "Oh dear, I what a bad job"—I told him I had found the cabman that was called off the rank in Bishopsgate-street by him; he said, "Oh, I am sure it is not me—he said, "It was a very unfortunate affair that I should be seen in Edgar's company on the Monday night"—he was taken into custody, and was brought to Bishopsgate-street; the cabman was on the rank at the time—Moore was shown to him and he identified him.
Cross-examined by MR. SLEIGH. Q. Did you and the officers accompany Stokes to Edgar's place? A. No, not to his place; he accompanied us as far as where he said Edgar put the safe down, and he waited there—this was on the Friday—as far as I can judge, I had been speaking to Edgar about ten minutes before I sent out for Stokes—Edgar was dressed when Stokes came up into the room; he was not in his shirt and trousers only—I do not think the question was put to Stokes at all as to whether Edgar was one of the men whom he had taken on the Monday night with the safe—Stokes said he was the man—I do not remember that one of us, pointing to Edgar, asked Stokes if he knew him—Edgar had his clothes on, and his coat and hat, I believe, when Stokes was taken into the room to see him—he was only partially dressed when we first went there—he had his shirt, trousers, and slippers on; that was all—he completed his toilet before we brought Stokes in—Stokes did not, when first asked, express some doubt about him—he did not abstain from answering, or from saying whether Edgar was the man or not—there are two rooms on the floor—he went into the back room with me, I believe—I did not then take him back into the room in which Edgar was—he could stand and see him as he was; the door was open—he could see from one room to the other—I took him into this other room because I saw a carpenter's basket there—what was said in the one room could be heard in the other, and the persons in the one room could see into the other—I did not take Edgar into custody then—he asked me whether he was to stay at home or not.
Cross-examined by MR. METCALPE. Q. You say Moore was taken up to the cabman in Bishopsgate-street, and he identified him; which of you took him? A. Three of us—we did not lead him; he was walking with us—Brett met the cabman first—the cabman looked at Moore, and said, "I believe him to be the man that called me off from my rank"—the cabman was on the same rank at that time—with that we put Moore into the cab—the cabman did not say any thing at that time about knowing him by his walk—he drove us to Moor-lane station, and Moore got out there—Leonard was outside with the cabman, and Brett also—we took Moore to the station, and the cabman said, "He is the man; I can tell him by his walk"—we had not, before that, paraded Moore up and down—he was paraded up and down—he was made to walk up and down three or four times at the station, and after that Brett went and paid the cabman, and discharged him; they went out together; Brett discharged the cabman, and came in—I did not hear the cabman say to Brett that he had a doubt about this man—Brett was not in a position with the cabman to have a conversation and I not hear it; we were all in the charge-room together—they certainly went out together, but that was the only time—I was close to him when he first went up to Stokes—I found that Moore lived at Hoxton—I went there, and also to his
brother's house, with Hamilton and Brett—that was three or four days after the remand; I don't know the day exactly—Leonard took him into custody the first time.
MR. COLE. Q. Before he went out with Brett, did he express any doubt as to Moore being the man? A. He did not—Brett might have been out about half a minute when he discharged him—I took Stokes into the other room at Edgar's because I saw a basket there—I called his attention to the basket—he said, "That is the basket that the tools were in"—that was about a minute before I took Edgar into custody—I went outside, then returned, and took him in custody—he was partly dressed when he came down to open the door, but he was entirely dressed when the cabman came—after he had been taken into custody and remanded, I went again, on the Saturday, to his house—I found Mrs. Edgar there—she went up stairs—I went with her, and from under a chest of drawers in the back room she took out this box and gave it to me—it was in the same state as it is now, tied up in brown paper—I opened the box—she took it from under a chest of drawers—I had searched that spot twice before, and there was no box there then—I found in the box 57l. in sovereigns and half-sovereigns, and 1l. 8s. 8 1/2 d. in copper—there was 2s. 11d. in farthings—the copper and gold was all mixed together—I also found a ring—there was 1s. 6d. in silver, and four fourpenny-pieces.
MR. METCALFE. Q. You say, when you went up to the cab-rank, you all three went up pretty nearly together; but before Moore was taken up to the cabman, did Brett go up and call the cabman first? A. He went and beckoned to him—none of the officers went over and talked to the cabman before we took Moore up to him—Brett beckoned him to come across to us—Moore was taken up to the cabman—the cabman was standing on the pavement and we called him to us—Brett went to him first; Moore was with us—Brett did not talk to the cabman at all; he went up towards him and called him—he did not go up to the cabman and remain talking to him two or three minutes; that I swear—Brett was in advance of us, and he called the cabman; and the cabman came up to us on the pavement—we did not go to him; he came to us.
MR. COLE. Q. How near had Brett got to the cabman when be beckoned to him? A. I think about three or four yards—we were, I think, about six or seven yards off.
MARY ANN EDGAR . I am sister to the prisoner—I live at home with my father—I remember Tuesday morning, 17th January—I saw my brother that morning—he brought a small parcel there—it was not like this one—he left it and wished us to keep it—he asked if we would mind it for him—he was in a hurry to go to his work—he did not stay five minutes—it was not particularly heavy—I wanted to know what it was—he said he was in a great hurry to go to his work, and he went away and left it—I did not know what it was—I thought I would go round to his wife, and I went and left it with her.
MARY ADAMS . I am the wife of Henry Adams, a carman, of 11, Gilbert-street, Bloomsbury—I have known Edgar for four years—I was at his house on Wednesday, 18th January, between 3 and 4 o'clock in the afternoon—Edgar and Moore were there—Edgar asked me to take charge of a small parcel for a day or two—only Moore was present when he gave me that parcel—it was a small parcel in brown paper—it was one resembling this one; it was heavy—he only asked me to take charge of it for a day or two—I took it home, and kept it till the Friday following—I then took it back
and delivered it to Mrs. Edgar, about a quarter after 4 in the day—this box appears to be of the same weight as when I had it before.
Cross-examined by MR. SLEIGH. Q. That is about the same sort of parcel? A. Yes; this is it—I have known Edgar for some years, and have known him to be a very respectable man—he has always borne the character of an honest, well conducted man—I have never heard the slightest imputation on his character.
MR. COLE. Q. Do you believe that to be the same parcel? A. Yes.
HENRY WELLS . I am time keeper to Messrs. Smith—the prisoner Edgar worked for them—it was his duty to report himself every morning as to where he had been the day before, and where he was going during the day—I remember Monday, 16th January last—I did not see him all that day—I saw him on the following morning—I asked him why he had not been to me on the Monday—he said he had been unwell, and he appeared to have a very severe cold—he made a remark that he had to be early to get the office cleared.
Cross-examined by MR. SLEIGH. Q. You mean on the Tuesday? A. Yes; it is the usual custom for workmen to report themselves every morning-Edgar's work was in the Sea-policy office generally—he had other places as well—it might be three months that he had been working for Messrs. Smith—I did not know him previously—I had no fault to find with him except this time.
Cross-examined by MR. METCALFE. Q. Is Moore also in the service? A. Yes; as French polisher—Mr. Woodhead is the foreman who would set men to work—he would be the person to direct him where to go and what work to do.
COURT. Q. What time did Edgar come to you on the Tuesday morning? A. As near as I can say, from half-past six to a quarter to seven—I did not tell him where he was to go—he knew where he had to go—he told me he was going to the Sea-policy office.
WILLIAM THOMAS SADLER . I live at 4, Canonbury-grove, Islington—I am a messenger in the Policy department at Gresham House—I know Edgar—I did not see him between Saturday morning, 14th January, and Tuesday morning, the 17th—I did not see him on Monday 16th—I think he was not at work during that period—I did not see him—I am in and out so often that I think I should have seen him if he had been there—he was not at work in the Policy department, nor in the Alliance office belonging to the Policy department—I think I should have seen him if he had been at work.
Cross-examined by MR. SLEIGH. Q. There were other offices there where he may have been at work without your seeing him? A. No doubt.
HENRY SIBLY HODGSON . I am surveyor of land and assessed taxes for the City of London—the prisoner Edgar had been at work in our office for some two or three weeks previously to this—he ought to have completed his fourth week on the Monday—I did not see him there on the Monday, and I was there from 10 or a little past till 4 o'clock in the afternoon—he was not in my department.
COURT. Q. Is that in Gresham House? A. Yes; one of the suite of rooms occupied by the Board of Inland Revenue.
WILLIAM ELLEN . I work at Somerset House—I am employed by Mr. Shaw—I was at work there on Monday, 16th January last—I know Moore very well—he was at work there that day, on what we call the second floor—I saw Edgar that day—he was not at work there to my knowledge—I
saw him in the painters' shop, where I am foreman, about ten minutes to 4 I should say—Moore was there—Edgar spoke to him—we all spoke together in fact—and then Moore and Edgar both left together, about 4 o'clock, I should say; I can't say what time Moore generally left, I leave before him.
Cross-examined by MR. SLEIGH. Q. It is not an unusual thing in Somerset House for fellow-workmen to be talking to one another? A. No.
COURT. Q. Did Moore leave before his usual time that day? A. Not that I am aware of.
MR. COLE. Q. Did he return at all? A. No; not that afternoon.
DANIEL MURRPOUGH . I live at 41, Ely-place, Holborn—I am night porter at Somerset House—I saw Edgar there on 16th January, about 4 in the afternoon—there was nobody with him when I saw him—I saw Moore there that afternoon—I did not see them together there—Edgar went away about half a minute after—Moore followed him—that was between a quarter and twenty minutes past 4.
JAMES LEONARD . I am a detective officer—I apprehended Moore on Wednesday, 18th January last, at Somerset House—I met him on the stain—Watkins was in my company—he was going to his work—we asked him if his name was Moore—he said "Yes"—I told him we were two police officers, and that we wanted him relative to an iron safe that was stolen from Gresham House the night previous—he said he knew nothing about it—we asked him if he had been there on the night previous—he said he had—that was on the Monday night—I then asked him what time he left Somerset House—he said about half past 5—I asked him what time he got to Gresham House—he said a few minutes after six—I then asked him what his business was there, and he said he was directed by his foreman, Mr. Woodhead, to do some odd jobs that were to be patched up—he said he saw Edgar there; that Edgar had called on him on that day, the Monday, and told him that these jobs wanted finishing off—he said he saw Edgar at Somerset House—he said he saw him at Gresham House—he did not say whether he walked or rode from Somerset House to Gresham House—he said that when he got there he met Edgar in the corridor, or in the passage, with his basket of tools on his back, about to leave; and that Edgar showed him one or two little jobs that were to be finished off—I asked him how long he stopped there, and he said about two or three minutes—he said he got there a few minutes past six, and stopped there a few minutes, and then they left—I asked which way they left—he said they went into Broad-street and separated; that one went one way, and one the other.
Cross-examined by MR. METCALFE. Q. He said that the foreman said he was to do these jobs at Gresham House? A. Yes—he said that Edgar called on him that day at Somerset House, and that then he met Edgar at Gresham House, and that Edgar pointed out the jobs to him—he said there were some odd jobs wanted doing there—he got there a few minutes past 6—that is what he stated, and that he remained about three minutes.
JAMES BRETT (Cross-examined by MR. METCALFE). Q. I was one of the officers who went up to the cabman with the prisoner Moore—we did not exactly take Moore up to the cabman—the cabman crossed over to the pavement—Moore was walking along with Williams and Leonard—I was on before them a short distance, and we went to the cab-rank in Bishopsgate-street—I went across nearly to the cabman, and called to him to bring his cab round and take us down to Moor-lane station-house—he pulled round with the cab directly and took us to the station, where we all went in—I directed Moore to walk up and down in the station-house, and the cabman
Stokes, said that Moore was the man who called him off the rank in Bishopsgate-street—that was after Moore had walked—he had not said anything when I took him up at Bishopsgate-street, till at the station, about his being the man until he saw him walk, but he had given a description of Moore, and stated that he should know him anywhere by his walk, that he had a peculiar walk—this was in Moore's absence—he was not asked about this being the man, until we got to the station-house, and Moore was walked up and down—the cabman left his cab outside the station—he did not leave it in Bishopsgate-street—he drove the cab round and we all got in, and we went away directly without anything being said to him—I think, if anything had been said to him I should have heard it.
MR. COLE. Q. Do you know whether the cabman spoke to Watkins? A. I did not hear him: certainly not—I think Moore might have been a step off the kerb-stone—the cab-rank was in the centre of the road—he was not as near as I am to you—the cab was further from the kerb, I should say twice the distance or perhaps more than that—I do not think the cabman came across to Watkins—he pulled his cab round—I do not know whether he spoke to Watkins, as to whether he knew the prisoner or not, before he got to the station.
ANNIE MARIA BARKER (re-examined). A few minutes after 5 was the time I first went to Mr. Wrenford's office to rake out the fire—then I went into another room, and a little girl came to me in about ten minutes, and then I went back and saw the prisoners—I cannot say exactly the time that I first saw the prisoners, but it was about ten minutes from the time I raked the fires out till the little girl came and told me.
JURY. Q. You had nothing to do except with the chambers, in this corridor, is that so? A. Yes; I was in some one or other of those officies from 5 o'clock till 7.
Moore was further charged with having been before convicted.
FRANCIS LIVERMORE . I produce a certificate—(Read: "Central Criminal Court: June 1852. Edward Moore convicted of stealing a coat of Thomas Mills; Imprisoned Eight Months")—I am cab-clerk to the Great Northern Railway—I was formerly in the city police—that certificate applies to the prisoner Moore.
CHARLES CLOAK . I produce a certificate (Read: "Guildhall Police-court: March 1853: Edward Williams convicted on his own confession of stealing 2 coats.—Imprisoned 6 months")—I have heard that certificate read—the prisoner Moore is the person who is named as Williams in that certificate—I was a police-constable at that time, and had him in my custody.
GUILTY.— Confined Eighteen Months each
267. WILLIAM PEARCE (29) , Feloniously forging and uttering a request for the delivery of 1 lamp; also, a request for the delivery of 1 lamp, and 1 gallon of oil, with intent to defraud; to both which he
PLEADED GUILTY . The prisoner received a good character.— Confined Twelve Months.
PLEADED GUILTY .
An officer from Cold Bath Fields-prison slated that the prisoner had been
frequently in custody for burglaries and assaulting the police; that a bill for burglary had been found against him and another man, who was sentenced to penal servitude for life.
Eight Years' Penal Servitude.
PLEADED GUILTY .**— Six Years' Penal Servitude.
NEW COURT.—Tuesday, February 28th, 1860.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. MECHI; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Sergeant and the Sixth Jury.
PLEADED GUILTY .— Confined Twelve Months.
CALLAGHAN— PLEADED GUILTY. Recommended to Mercy.
Confined Four Months.
MR. COOPER conducted the Prosecution.
THOMAS NYE . I am assistant to Mrs. Cordwell, a pawnbroker in Exmouth-street—I produce fifteen parasols—they are finished all but the handles—they were pawned at our shop on the 23th of January for 12s. by the prisoner Gainer in the name of Jane King—we refused taking them; but she told us her husband was a manufacturer of parasols, and she had to deliver them in the city, and they would not take them in an unfinished state.
Cross-examined by MR. DOYLE. Q. Was she alone? A. Yes; she came in alone; there was no one else in the shop—I had not known her before—she dealt openly—it was about half-past 6 o'clock in the evening.
ANN NASH . I am servant at the Jolly Weavers public-house, in John-street—I know the prisoner Gainer; she sold me a parasol about the 24th of January for 2s. 4d.—it was handed to me through the bar, but I saw she was the person who sold it to me—I have seen these in the bundle produced by the pawnbroker—this one exactly resembles them—they have not handles to them.
Cross-examined. Q. This was handed into you? A. Yes; I was not in the bar—I can't say whether there were two other women with the prisoner—I knew her—I am told she was in the habit of going to the Jolly Weavers.
WILLIAM SMITH . I am a detective officer of the city—I took Callaghan in custody—I afterwards took Gainer about 1 o'clock in the morning of the 30th January, in Sawyers Buildings, Chiswell-street; she was very drunk and had no covering on her—I told her the charge; she denied it and said she knew nothing at all about it.
loss of these parasols—I went to Gainer's, and, I saw her—I don't know whether she has a husband—a man lives with her—she came out with me—I said my daughter had not returned home—she said she knew nothing about my daughter, she had not seen her since Tuesday morning—she said my daughter must have lost the parasols in coming out, and she must be out of her mind—she would not tell me what she knew.
ANN TAYLOR . I am the mother of Sarah Travers, whose husband makes parasols—I live at 11, Bridge water-gardens—I remember the prisoner Callaghan coming to me on a Saturday in January; she brought eighteen parasols and left them at my house, and called for them on the Monday, and took the whole of them away—she came alone to the door and I gave them to her—she said on Saturday, the 21st, that she was too late for the warehouse, and would I let her leave them there—they were Mr. Duncan's parasols.
ELLEN CALLAGHAN (the prisoner). I was in the service of Mr. Williams Travers—these were his parasols; he had to make them for Mr. Duncan—I took them to Mrs. Taylor and said I would call on Monday morning for them.
GAINER— NOT GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM WALL . I am a tailor, and live in Bedford-square, Commercial-road—On the 6th of February, about 5 o'clock in the evening, I was coming down Fenchurch-street; there was a crowd collected—I was passing through it, and I stood still for a minute—the prisoner came and stood by the side of me, and when I went to turn away he had got my watch-guard in his hand—it was twisted round his fingers—it was a guard that went round my neck—it was still round my neck—it was a gimp guard—the prisoner was wearing an Inverness cape; as soon as I looked at him, he turned away from me and dropped the guard out of his hand, and it went down in front of my trousers; I immediately caught hold of it, and found my watch was gone—the guard had been through the bow of the watch—as soon as I found the watch was gone the prisoner turned away and went about two yards from me; I went and caught hold of him, and told him he had taken my watch—I am sure he is the man; I did not lose sight of him—he said "Me take your watch"—I said "Yes, you have taken my watch"—he said he did not—I said, "You did"—I kept him and called to one policeman, and he did not hear me—the prisoner said, "Come back to the crowd, and perhaps we may find the watch on the ground, and some of the thieves there"—I told him to stop where he was, there would be another policeman up directly, I would not let him go—I held him till the officer came and asked what was the matter—I told him the prisoner had stolen my watch—the prisoner made no reply—I had seen my watch about 10 minutes before—I had looked up at the clock at the establishment where I worked and looked at my watch, and I walked straight to the crowd—it could not have taken me more than 10 minutes.
Cross-examined by MR. DICKEY. Q. Where had you been? A. No where but at the shop—I had been at business all day—I was quite sober—I never drink beer or spirits—I was going back home and was passing through the crowd—my guard was a gimp guard—the prisoner asked me to go back into the crowd, and I did not go back—I held him fast till the policeman
came up—I have not seen my watch since—I had seen it before entered the crowd.
JOSEPH TOMKINS (City-policeman, 587). At a few minutes before 5 o'clock on that day there was a crowd in Fenchurch-street—there was a horse ran away—I was assisting the man with the horse, and I was called by the last witness who had hold of the prisoner—he said, "This man has stolen my watch"—the prisoner said, "I am very willing to go to the station if you think I am the thief"—I took him to the station—I found 9 1/2 d. on him and a pocket book—he gave his right address and went quietly indeed.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
JOSEPH JACKSON . I am an engineer and live at Woolwich—on the 4th of February I was on London Bridge in a recess—the Rifle corps was going along—I had my watch in my waistcoat pocket, and the chain was round my neck—when the Rifle corps came I am sure I had my watch in my pocket—while they were passing the prisoner came and stood close to my right side—I had my wife on my left side, and two friends were near me—the prisoner stood with his face towards my face, he was looking right in my face—I heard a click—I put my hand to my pocket and my watch was gone—I said to my wife, "My watch is gone"—as soon as I heard the click the prisoner ran across the bridge—when I spoke to my wife he was not a yard away from me—I said to my wife, "Mistress, that man has got my watch"—as soon as he darted off I followed him as far as I could—a captain or officer connected with the Rifle corps stopped me, and we had a little 1 bit of a scuffle—this happened on the 4th of February, and I was at the Mansion-house on the 13th and saw the prisoner—I am quite positive he is the man—my watch was worth six guineas.
Cross-examined by MR. DOYLE. Q. You are on your solemn oath, and there can be no mistake? A. No; I am not mistaken—this is the first time I have been in such a situation as this—I know a good many people—It is possible I may have mistaken somebody for a person I knew, but I am not mistaken in the prisoner at the bar—we are all liable to make a mistake—it may have been the case that I have taken an entire stranger for a person I knew, but I am still positive the prisoner is the man whom I saw on the 4th—he was looking at me—I turned my head round and he was very busy at my watch—I never felt a pull at my guard—he was looking in my face the time I turned my head round; he had his side face towards the Rifles—I can't say that I saw him take the watch out of my pocket—when I turned my eye his hand was about my waistcoat pocket.
Q. Why did you not seize him at that moment when you saw his fingers about your waistcoat pocket? A. I did not do it—it appeared to me that I was almost paralysed, in a manner of speaking—he was by my side for about a minute—I was not looking at him all that time, but he stood by me—I did not notice the colour of his hair or his eyes—I go by his features—I did not notice his dress, no further than he had a velvet collar, the same as he has now—I believe it was not the same coat that he has on now; he had a cap on—I swear to him from his features generally—I had never seen him
before—I did not know him—when I next saw him he was at the Mansion-house—he was not in the dock; the policeman brought him out of the cell I and shewed him to me—my wife was there and the other witness, and the prisoner was brought out of the cell to me—the policeman asked me whether that was the individual or the man that took my watch—I said "That is the man"—and I still say so—I am quite positive.
HANNAH JACKSON . I am the wife of the last witness—I was on London bridge with my husband, arm in arm with him—I did not notice any one standing near my husband—I was linked arm and arm with my husband, and I saw there was a pressure of people coming; I said to my husband "Be careful, look to your watch"—I turned to speak to the witness and directly my husband said "O that thief has got my watch"—I then saw the prisoner—I am quite positive I saw him pass through the Rifle corps.
Cross-examined. Q. When your attention was first called to him was he not running away A. No; he was standing still—of course I felt flurried and ran after the man—it was when my husband said" That thief has got my watch" that my attention was first called to the prisoner—when my husband said that the prisoner was not close to him—the prisoner was between me and the kerb of London-bridge—I dare say at one time he was within grasp of my husband—when my husband said "That thief has got my watch" the prisoner was nearer to my husband than he was to myself—he was about a yard-and-a-half from me—I was on the other side of my husband—he was on the right side of my husband and I was on his left—he was opposite to me and he was going off away from me—after he ran away his back was towards me, but not when first I saw him nor for a second or two—he did not make a direct run, he walked first—his side face was towards me—I observed his face—his scarf is exactly the same that he had on then but his coat was not buttoned over—I cannot swear whether it is the same coat, but it had a velvet collar—it is very possible it was the same coat—I would not swear whether it is or is not—he had a cap on his head—he had no whiskers—his hair was much the same as it is now—I never saw him before—I saw him nine days afterwards; I saw him first come out of the prison-van—I was just in time to get to the Mansion-house as he got out—I went there to identify him, but I had no thought of seeing him in the van—he was shewn to my husband at the cell—I followed my husband and went on to the cell with him—and I saw the prisoner come out—my husband was not with me when I saw the prisoner get out of the van—I think my husband was with one or two detectives—I did not call his attention to the prisoner.
CHARLES EAST . I am a fly-master and reside at No. 7, Berner-street, Greenwich—I was with my friend, Mr. Jackson, on the 4th February—I heard him exclaim that he had lost his watch, and I saw the prisoner run directly from him—I ran after him—he was about twenty yards from me—he shot through the Rifle corps and turned and looked me full in the face—I will swear he is the man—I will not swear to his coat; I swear that he k the man—he shot across and I lost him.
Cross-examined. Q. You are positive he is the man? A. Yes; I can swear to the man's features—when I first saw him he was about five yards from me—when he got about twenty yards he turned round and looked to see if I was coming after him—he looked me full in the face—he stopped and wheeled right round—that was after he went through the Rifles—he ran on along side of them first; after that he broke through, and then he stood and looked me full in the face—I have never been a witness before in a place like
this—I have on other occasions—I have not had practice in swearing to persons—I can swear that that is the man—I can swear to his features—I have never made any mistake in mistaking one person for another when I had such a good view of him—I have not made a mistake in persons that I knew when I have seen persons full in the face—I have not mistaken one person for another on such an occasion as this—I have several times on other occasions—I was with Mrs. Jackson when she came to identify the prisoner—I knew he was in custody—I was with Mr. Jackson all the time—I saw the prisoner in the lower part of the Mansion-house when they brought him in from the van—Mr. Jackson was there—I saw the prisoner as he came out of the van—I was standing by the van when the van pulled up—when I saw the prisoner come out of the van I said to the detective "That is the man"—the detective was standing along side; Mr. Jackson was about twenty yards off—I did not pay any attention to what the policeman was doing—I don't know the name of the policeman who has charge of the case—he is the same who brought the prisoner out of the cell—he brought him out to shew him to the others as well as to me.
He was further charged with having been twice before convicted.
JAMES MULUAM . I am an officer—I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court, October, 1854; James Norton convicted of larceny, after a previous conviction. Four years penal servitude.") The prisoner is the person—I have known him for years.
DENNIS SCANNELL . I am an officer—I produce a certificate of a conviction—(Read: Bow Street, February 20th, 1859; John McCarthy, convicted of larceny; pleaded guilty. Confined Six Months") The prisoner is the person.
GUILTY.**— Six Years Penal Servitude.
MR. COOPER conducted the Prosecution.
WILLIAM MEDLAND . I am clerk in the shipping office for seamen, at Poplar—Captain Dun lock is the shipping master—on 21st February, 1859, I was directed by him to pay to the Merchant Seamen's Orphan Asylum five guineas, as a donation—I paid it to Mr. Geddes, the prisoner, at the office, 60, Gracechurch-street, and he gave me this receipt (produced) for it—he signed it in my presence.
Prisoner. Q. Did you put the cheque into my hands? A. It was money, not a cheque—you were not there when I first came—I waited till you came, and then put the money into your hands—the collector was in the office at the time.
COURT. Q. Was anyone else there? A. I cannot recollect anyone—I paid a guinea to the collector, at the same time, for a subscription.
JOHN DOMETT . I am secretary to the Local Marine Board, which has its office at 71, Cornhill—in November, 1858, I received from Mr. Lindsay the sum of nine guineas, for the purpose of paying into the Merchant Seamen's Orplian Asylum, as a donation—I paid it to the prisoner in cash, at the office I—he gave me this receipt (produced) for the sum—it is in his handwriting—I called once on the 27th, and he was absent—I called again on the 29th, I and paid it to him.
Prisoner. Q. Was there any person at any part of the time in the office?
A. I have no recollection—I know you were there, and that I paid you the money, but I cannot remember any other person being present then—I think there was not on that day.
GEORGE FRANKS . I am assistant secretary to the asylum at 60, Grace church-street—I have gone carefully through the books of the prisoner; I have them here—I find no entry whatever of the nine guineas, or of the five guineas, which have just been given in evidence—there is an entry of a subscription of one guinea from Mr. Dunlock, September, 1859, paid to Lewis Wood, the collector; but no five guineas, nor nine guineas—there is a book kept with counterfoils of receipts given by the prisoner at the office—I have seen the receipts produced here to day—I have compared them with the proper counterfoils—they do not tally with the books, neither have they come out of them—the number of the receipt given to Captain Dunlock is forty, and the date, 1st February, 1859—the counterfoil is for a different person altogether—the receipt evidently does not come from the book; it is on larger paper—I do not know of any receipt book at the office with paper of this sort—it has been taken from some book that has been in legitimate use at the office at some time, but not at that time—here is the receipt, No. 17, dated 29th November, 1858—that is a receipt of one guinea from J. Lawson—that does not tally with the receipt in the book—both the counterfoils are for subscriptions, not for donations of nine and five guineas, and they are of different sized paper.
COURT. Q. You say those receipts are legitimate receipts, that is, they have been in use in the office; are there any counterfoils that will tally with them? A. None whatever—there is nothing left in the office with which I can compare those receipts—I have gone carefully through the books—I believe that the old counterfoil books that have been in use for many years are all to be found in the possession of the society—these are taken from a hook of receipts—in the ordinary course the butt, that is the end of the book, would be left—I look at the number of the receipt and then compare it with the number left in the book—I have gone through the books for the whole of the year—I have also invited the prisoner, at the office, to see if he could find a counterfoil of this sum, and he could not—it would be his duty to enter all these receipts in a book—all the entries in this book are in his own hand-writing, but there is no entry of these two sums.
MR. COOPER Q. You find no such receipts as the nine guineas and the five guineas? A. No; the names are not there anywhere—I produce all the counterfoils for that year that were in the office—I was in the office that year, but not till after the prisoner had left.
COURT. Q. How do you know that that book is in the prisoner's handwriting? A. I have seen him write since he has left the office.
Prisoner. Q. In the examination which you made, did you see any entry called "Sundry receipts?" A. Yes; I found it mentioned in your counterfoils of receipts, but they are set out in this book—in the other book I find the names of the people and the amounts, and the numbers of the receipts, making up the sum total of the sundry receipts.
COURT. Q. Have you been able to find in any of the sundries, the two sums, five and nine guineas, which we have been inquiring about? A. none whatever.
NEHEMIAH GRIFFITHS I am an independent gentleman, residing at 2, White-hart-court, and am one of the trustees of the society, and also one of the committee—the prisoner was in the service of the society as secretary, up to May, 1859—his duty, as secretary, was to attend to all the duties of
the office; to receive money; on the receipt of it to enter into a book, and to pay it into the bankers—he was paid by salary, 175l. per annum—I know his handwriting—this book is made out in his handwriting, and it is the book in which it was his duty to keep accounts, to put in receipts.
COURT. Q. Did he account at any time; was there any periodical examination of his accounts A. An annual account—the committee meet every month—the banker's and collector's accounts were then always produced—they were not compared with the payments entered in this book—this is what we call the "fair cash-book"—the prisouer ought to enter the accounts originally in the "rough book," which is kept in most houses, and then when he has time he enters them into the fair cash book.
COURT to GEORGE FRANKS Q. Have you examined the rough book? A. I never saw one kept by the prisoner—from what he told me, he always entered them in the fair cash book.
NEHEMIAH GRIFFITHS (re-examined). The prisoner was ill for five months and we could not get him to make up his accounts—I saw that book at the time of the election—when persons came in to pay their subscription the money was entered in that book—the other was merely a memorandum—the auditor, who is here, can give you a better explanation than I.
GEORGE FRANKS (re-examined). There is a book kept on the day of of election, twice a year, a book of the names and addresses; but all the receipts for the money received are given from these receipt books, and are entered into the cash-book—when the prisoner came to the office he explained to me how he had made up his books: it was from these receipt books that his accounts were made up, and that those sums must have appeared in the receipt-books, if he had received them—this is what I call the counterfoil of the receipt-book—I asked the prisoner to find those sums for me, and he looked through these books and endeavoured to find them, but could not.
COURT. Q. Were either of these days election days? A. No.
HENRY WEBB. I am one of the detective officers of the City of London—I took the prisoner into custody at Castle Eden, in Durham, on 16th February—I told him I was an officer, and should take him into custody for embezzling sums of money belonging to the Seamen's Orphan Asylum—he said, "I am very sorry; I was in hopes that the committee would have looked over it"—I brought him to London, and his portmanteau, in which I found this pocket-book, containing thirteen blank receipts from a book similar to the receipts which have been produced.
COURT. Q. Similar in the printed form? A. Yes.
Prisoner's. I have only this explanation to offer; the blank receipts which Webb has produced were in the pocket-book as he states, but they have been used by me ever since I have been in the office as secretary, in one way or other. In the end of the year we generally fill thirteen of those receipts, and if there was a dozen or more left they were cut off and used by me as occasion required. I used to go down to the asylum; it was frequently the case that persons in the neighbourhood would subscribe if there was a receipt left for them. I used to leave some receipts there with the matron: persons used to come to the office and say, "Now, I can get you two or three subscriptions if you can give me receipts to give to the people."It would not do for me to enter them in the books, because the money was not received till seven or eight days afterwards, so that it would not have corresponded; I entered them when they were actually received, and that accounts for the discrepancy between
the dates and numbers which has been alluded to. With respect to the five and nine guineas, I can't say how it has been caused, except that for the last three years I have been an invalid, and I frequently made memoranda of what I did with sums of money I had received, and then took the book to my house in the evening and entered them there, and these very likely escaped my observation. I solemnly protest that I never had two books. Those receipts I carried in my pocket-book, and if there had been any moral guilt attached to the circumstance of giving the receipts, as has been alluded to, and not entering them in the cash-book, it would have been much better if they had been included in my balance in the cash-book, for you will see there was a balance against me.
NEHEMIAH GRIFFITHS (re-examined). On the making up of his book I there appeared to be on the face of it a large balance against him, but the auditor of the accounts is here, and can give you more informarion about it than I can.
Prisoner. They have security for 250l. from the Guarantee Society as part of that balance, and they have been offered to be paid 100l. by a friend of mine, and security for the rest, but they have rejected it.
GEORGE BARRATT VICKERMAN . I am a Ship-owner—I was auditor to this society—I am one of the committee—I went through the accounts of 1858—when we finished the audit, there was on the books a balance against the prisoner of 372l. 11s., which he has signed—I compared these counterfoil with the entries in the book—here is a receipt numbered 40, dated 28th February, for one guinea, from a Mr. Allen—it would be entered in April, the payment into the bank would—he had to pay everything into the bank—when he wanted money he had a cheque on the bank for the small amounts—all the large amounts were paid by the committee.
COURT. Q. Then the committee, seeing that a receipt dated in February does not appear till April 19, recognise that as being the practice? A. During the time he was ill these entries all went into arrears, and he made them all up at once—these counterfoils were his receipts—I find all the entries on those counterfoils entered here—it is on the face of this book that the large balance appears against him.
MR. COOPER. Q. These counterfoils and that other book would be placed before you as auditor? Yes; the counterfoil book to see the receipts, and that book to see that they were paid—those were his vouchers—these cases that are brought here were not included in his cash-book balance—they have been discovered since.
Prisoner. Q. Are all the sums in my banking-book conveyed into my cash-book? A. Yes.
Prisoner. There has been frequently in the office one or more persons besides myself. I had an assistant, and there was a collector that has been with us for the last two years, and he, it appears, was there on one occasion; but I had another assistant, and I used to give him authority to receive money in my absence. I would not throw the slightest suspicion on him, but there was one gentleman at the Mansion-house who looked at me very intently, and said that when he paid his cheque be paid it to a younger man than I, and that the receipt was sent to him; I mention that as it may explain how these sums have been omitted; they have not been omitted from intention, but from inadvertence or the want of health.
COURT to GEORGE FRANKS. Q. Do you know anything about the use of these receipts at all, that were found in his portmanteau? A. I know that his duty was in no case to give a receipt except taking out a counterfoil—I
don't know anything about a practice of leaving receipts with the matron in order to get subscriptions—I never heard of such a thing being done—I did not go there till after the prisoner had left—I never heard of it till now.
Recommended to mercy on account of tlie loose way in which the Society's books were kept. Judgment Respited.
OLD COURT. Wednesday, February 29th, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; Mr. Ald. MECHI; Mr. Ald. ABBISS; and ROBERT MALCOLM KERR, ESQ.
Before Mr. Justice Williams and the Third Jury.
MR. PLATT conducted the Prosecution.
GUILTY of the attempt.— Confined Two years.
MR. LEWIS conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. SLEIGH the Defence.
It appeared from the evidence in this case, that the girl was not taken or enticed from her home by the prisoner; but that being out, she accidentally met him, and then went with him to the theatre, and from there to a coffee-house, where they passed the night. MR. JUSTICE WILLIAMS intimated that there was great difficulty in saying whether these facts would support the indictment; the meaning of the words,"taking out of the possession of the parents," implied a renunciation of her home, and could hardly refer to a temporary absence with an intention of returning. MR. LEWIS submitted that even such a temporary taking away, would be an abduction; the offence of abduction did not depend upon time or distance, but consisted in the withdrawing of the child from the possession of the parent; he referred to the cases of Reg. v. Ames, and Reg. v. Manktelow, in the latter of which it was held that although the girl voluntarily met the man, and went with him, yet the case came within the statute. MR. JUSTICE WILLIAMS entertained no doubt upon that point, but here the difficulty was whether the taking away was such a removal from the possession of the parent, as would satisfy the statute: whether in fact it was a taking away with an intent that she should not return. MR. SLEIGH called the attention of the Court to the facts of the case of Reg. v Ames, which he contended were entirely different from those in the present case. MR. JUSTICE WILLIAMS, after consulting with the RECORDER, considered it best to take the opinion of the Jury upon the facts, and reserve the case for the consideration of the Court of Appeal. The Jury, in answer to the queries submitted to them by the learned Judge, found, first, that in taking away the girl, the defendant knew it was against the will of the parents; and secondly, that his intention was merely that she should remain from her home for the night, and then that she should return to her parents.
GUILTY . Judgment reserved. To enter into hit own recognisances in 80l. I and find two sureties of 40l. each, to appear and receive judgment when called upon.
SAMUEL SMITH . I am a boot and shoe maker—I did reside at Boot-street, St. Luke's, but I have moved since then. On Wednesday, 23d November last, I was at a public-house known as "The Ship," in Glasshouse-yard—I believe it was between 2 and 3 in the afternoon—there was a disturbance there while I was there—I saw a man of the name of Powell there—the landlord and he were fighting—the prisoner and the deceased, Jones, was I there—the landlord and Powell had, I think, two rounds—Jones, the deceased, came up to the landlord while the landlord was kicking Powell, and said to him, "Don't do that"—the landlord had just left off fighting Powell, who was on the ground, and was kicking him—the deceased said, "Don't do that," and the prisoner said, "It is you that has caused all the disturbance," and struck him twice in the mouth—it knocked him down—I then saw the landlord kick Jones while he was on the ground—I was within a yard or two of them all this time—I saw the deceased carried into the tap-room—he seemed to fall on the back part of his head—it seemel to me as if he fell on some man's legs, or against the side of his feet, with his head close to the ground—it was against some bystanders' feet.
Cross-examined by MR. SLEIGH. Q. What time did you go there? A. I should think it was between 11 and 12 in the morning when I went into the house—this occurrence was between 2 and 3—there were, I should think, from twelve to fourteen shoemakers there; it was a house we frequently used to go to then—the row was what you may call general, but nobody struck any blows, only the landlord—I should say a good many out of the twelve or fourteen were a little the worse for liquor—they were quarrelling, and there was what you may call a general row—there had been some blows between the landlord and Powell, before Jones was hit—the others were crowding round them, all anxious to see, I expect—Jones was the worse for liquor, of course—he was not so much the worse as to be reeling about—he was not so bad but that be knew what he was about—immediately after Fox struck Jones I saw the landlord kicking Jones—Jones had fallen to the ground then—the others were all close round him at the moment I saw the landlord kicking him—he. kicked him in the ribs—I could not say exactly where it was—he did not tumble over him when he kicked him—I did not see any man tumble over him at the moment the saw landlord kicked him—of course that might have been so without my seeing it—I did not see it; there were ten or twelve round at the time—at the moment when Fox struck Jones, Miller, the landlord, was close to him—Powell was on the ground, and Miller was kicking him—Jones and Powell were, I believe, sprawling on the ground together at the same time.
JOHN HUDSON (Policeman, A 445.) I went to the Ship public-house on Wednesday, 23d November last, about 6 in the afternoon—I saw he deceased there—he was in the tap-room, I believe—he did not speak at all; he was quite insensible—I got a stretcher, and took him to the hospital—I
noticed the condition of his face—he had some black round his nose—they had been trying to bring him round by some burnt rags—I can't say whether Fox was there when I was in the taproom.
BENJAMIN BOYS . I am barman at the Ship public-house—I was there when this affair took place—I saw the whole of it; it was all about a little dog—I saw Powell, in the parlour, run at Jones and knock him over the table; it broke two legs of the table—the table went on the floor, and Jones with it—master came in and said, "Now, who is to pay me for this table? I want 21. for the table;"Powell said," Well, we will get it mended for you"—one word brought up another, and one began to smash the glass—Fox saw one man smashing the glass and ran at him, and I saw him struck by the man that smashed the glass—I saw Jones, the deceased, fall—Fox was fighting this man, and Jones ran between and said, "Fox, it is not him"—after the man struck at Fox the two began fighting—they were in front of the bar—Jones ran between them to part them, and as Fox was striking this man he was fighting with, Jones popped between, and the blow intended for the other happened to catch him in the mouth—as soon as he struck him in the mouth (it was only a bit of a tap) down Jones fell—he was very intoxicated—he was only struck once—I was by and saw it all—he fell when he was struck—he fell quite straight, and caught his head against the boards at the side of the wall; against the skirting board—he fell straight on the floor, with his head on the skirting—I lifted him up and put him in the parlour—some of them made use of very bad language, "Let the b—lie; he is shamming"—some of his shopmates said—that he was insensible when I picked him up—I just saw a little streak of blood from his mouth; that was all—it was bleeding very little indeed; just as if from a scratch.
JOHN GOOD . I was in this public-house when this row took place—I and Jones, the deceased, went in together—I saw the blow struck by John Fox—it seemed to me that he aimed at the deceased, and meant to strike him—there were no more than two blows struck by John Fox—the deceased received two blows from him—I saw Fox strike him twice in the mouth, and he fell immediately—Fox was not fighting anybody at all at the time—the deceased's mouth did not bleed at all—he was as sober as I am at the present time—he appeared well—I met him in the morning and we went into the public-house together—he was then quite well and hearty as I am I at the present time; and he appeared to be quite well up to the time he was struck.
Cross-examined. Q. Was he as sober as you were then? A. As I am I now—I was as sober then as I am now—I had had a share of two pints of beer before it happened; that was all; Mr. Miller, Jones and I, shared it: I that was all—some of them were the worse for liquor; but the deceased and I were not—we were the two sober men among the lot—I am sure the deceased was not very intoxicated—he was perfectly sober—I saw him, after I he fell on the floor, kicked by the landlord.
HENRY ROGERS . I am one of the house surgeons at St. Bartholomew's Hospital—on the evening of 23d November last, the deceased, John Jones, I was taken there and I saw him—he did not live more than five or six minutes, I should think, after he was taken there—when taken there he was quite insensible, with dilated pulse, and stulterous breathing—he had I decidedly symptoms of compression of the brain—I made a post-mortem examination—he appeared a most healthy subject; one of the most healthy I have seen; a strong muscular man—in my opinion his death was not
produced by natural causes—it may have been produced by some external violence; there was compression of the brain; there were six or seven ounces of blood extravasated between the investing membrane and the substance of the brain itself, and also between the hemispheres of the brain.
COURT. Q. Can you tell to what part of the person the external violence was applied? A. There was a large piece of extravasated blood on the right side of the head—that certainly indicated violence that might have caused the death—I saw no other—it was on the posterior part of the head.
JURY. Q. Was the man drunk at the time of the accident? A. I could I not tell—the injury was due to external violence, but I cannot say of what nature—a blow or a fall might have done it.
MR. SLEIGH. Q. Or a kick? A. I do not say that, I should doubt that—I don't recollect saying that a kick might have caused it—if he was kicked on the posterior part of the head, he must have been sitting at the time—a kick may have produced the injury, but his head must have been turned in a peculiar position.
JOHN GOOD (re-examined). I saw the kick which Miller gave Jones after he fell—it was on the lower part of his person, not on the head; I am sure of that—there was not a great deal of confusion at the time—it was a quiet orderly assemblage of persons.
NOT GUILTY .
NEW COURT.—Wednesday, February 29th, 1860.
PRESENT—Mr. RECORDER; Mr. Ald. ROSE; Mr. Ald. HALE, and Mr. Ald. ABBISS.
Before Mr. Recorder, and the Sixth Jury.
JAMES FENNELL . I am a bricklayer and plasterer—I live at Paddington—on 27th July, the prisoner came to my stable and asked me if I could let him stand two horses for a week, which were coming out of the country—I said, "Yes"—he said,"What would I charge him"—I said, "5s. a week—he said, "That will do"—the next morning he came and knocked at my door at 6 o'clock—he asked for me and I went to him—he said, "I have not been able to go in the country to fetch those two horses; I am short of silver"—he walked up to the stable and stopped till breakfast time—he then came again and said he had a brother who was gone to Birmingham, and he would be back in a day or two; and could I not let him have some silver—I said, "No; I have none to lend"—at this time I had two horses in my stable; one was a cream coloured gelding, and the other a brown gelding—I went up to my stable and he followed me; and hung about there—I went home and cleaned myself, and went out to buy a Hansom-cab—the prisoner went with me, and he began to tell me he was so bard up, he had nothing to eat; and I took him in a public-house and gave him some bread and cheese, and beer—we then came back to the Crown public-house in Edgware-road—I gave him 4d., and wished him good morning—I went home
had my dinner—I went to the stable; the stable was open; the prisoner was there; and he said, "I feel very sleepy, I wish you would let me lie down in the loft"—I said "Very good"—I locked the stable door—my horses were then in; and the prisoner was lying on the chaff—I went home, and in about three quarters of an hour a man came and called me to go to look at a cart—the prisoner went with me—I took the cream coloured horse to go to look at the cart—the prisoner went with me—he rode the horse up there, and I rode him back—I did not buy the cart—we left the man that came for me to go and look at the cart at the Windsor Castle, and I and the prisoner came away together—I rode the horse towards home—I stopped again at the Red Lion, about half-a-mile from my stable—I went to speak to a cabman, and in the meantime the man came that came for me to go to look at the cart—I got off the horse and I went to Charles-street, and I said to the prisoner, "Take this horse down to the stable, and I will be there in a few minutes"—I watched him across the square, and the man was with me—I went and got a cup of tea—I went to my stable and the brown gelding was gone—I never gave the prisoner any authority to take it away—he had no care of the brown gelding—the bridle and the whip were gone too—the gelding was worth 15l.—I made search for the prisoner every where all round the country—on the 28th of January I saw him at the House of Correction—I said to him, "What have you done with my horse"—he said he had sold it to a man in the street for 4l.
Cross-examined by MR. RIBTON. Q. You had been trying to sell this horse? A. No, I had not—I had had it about a week—it came from the country—I gave ten guineas for it at Wooburn, in Bedfordshire—I bought it of a farmer—it was nine or ten years old—it was not broken winded—it was sound—I and the prisoner did not go to a harness maker to offer it for sale—I said I was going to North-street with the horse, and he said he would walk with me and he went—I did offer it to the harness maker, and it was not big enough for him—I did not then go to a green-grocer named Norwood—I did not go to anybody after the harness maker—I did not offer it for sale to any one else—I had no dealings with any green-grocer about it.
Q. Did-not a green-grocer ask you the price and did you not tell him 20l. mid did not the prisoner say he would let him have it cheaper, and that in your presence? A. I was not there if he did—I never had any dealings with any green-grocer about it—the prisoner said, as we were coming down the street, I know that man, "and he said" Halloo, master, how are you? I have not seen you a long while,"and he said" No, I have just come from the country;" and the prisoner said to him," Are you a buyer of a horse like this' and he said "No; it is not big enough for my van"—and the green-grocer said "I have got a horse to sell;" that was all I heard—I think 1 was leading the horse at that time—I think I had the halter—I stopped to listen to this conversation and then I went on to the stable—I did not actually trade with Norwood about selling the horse to him—I took it to the harness maker, and if it had been big enough I should have had a good price for it—I did not say "I know where there is a cab to sell"—I did not take the cream-coloured horse out of the stable to sell—I took it to exercise it—I took it to stretch it legs, because it had broken knees—it was not old nor broken winded—I saw a cart—I offered to buy it on credit—I did not say to the prisoner "We must get some money some how;" nothing of the kind—I am a plasterer and bricklayer—I don't deal in horses—I was about to start in the cab business—I gave the prisoner the key of the stable at the Windsor-castle—I did not say to him "We must have some money some
how"—lie did not say "I think I shall be able, to get some oh the brown gelding"—he did not say anything about taking the brown gelding to shew to a person—I did not say to him "Do you know anything about filing his teeth"—I did not say "Come to my house to-morrow morning and we must to that before people are up"—I was out with the brown gelding about an hour, and about an hour-and-a-half with the cream-coloured one—I had looked at a cab but I had not purchased it—I had the money to pay for it—I went to buy the cart on credit because I had to give credit for it.
MR. T. ATKINSON. Q. You gave him the key of the stable? A. Yes; to put the horse in—he had no authority to take the brown gelding out of the stable.
LUCY TICKNER . I live in Porchester-terrrace-mews next door to Mr. Fennell's stable—I remember Mr. Fennell losing his horse—I saw the prisoner take a brown horse out of the stable; he got on it, and he said to me "Do you tell the man belonging to the horse that I am going to sell this horse and I shall be back in half-an-hour."
WILLIAM PEMPHILON ,(Policeman, D 115). I received the prisoner in custody in January—I told him I charged him with stealing a horse the property of Mr. Fennell—he said "I hope you will not lock me up; I know I took it and sold it to a man."
The prisoner was further charged with having been before convicted.
GEORGE MILLER (Police-sergeant, T 15). I produce a certificate of a conviction (Read; "Central Criminal Court: June 1857: Alfred Dower, was convicted of stealing a mare, and ordered to be confined eighteen months.") The prisoner is the person—there were two indictments against him.
GUILTY.*— Four Year's Penal Servitude.
MR. RIBTON conducted the Prosecution.
ELIOT REED CAMPKIN . I live in Kentish-town—in June, 1858, I was in Flower and Dean-street, Spitalfields, about 1 o'clock—the prisoner came across my path and looked round several ways—I got near to him and he caught hold of my watch-guard and put one hand near my throat; I sung out for help but no help came, but others came up and assisted him, and put one hand across my mouth—I kept my hand on my watch in my left waistcoat pocket but they got my watch away—I closed with the prisoner and he closed with me and was about to strike me—I let him go, and I was about to follow him but I was stop by a woman.
Prisoner. I never saw you before in my life, what can you swear to me by? Witness. By your face.
COURT. Q. When he was taken was he pointed out to you? A. No; I went and identified him amongst twelve others—he was not in the same dress that he was before.
THOMAS HARRIS (Police-sergeant, H 81). I recollect the last witness speaking to me in June, 1858—he gave me information, and since then I have been looking for the prisoner but was not able to find him.
Prisoner. I have passed him several times. Witness. No you have not; I saw you once and you got away from me.
COURT. Q. Did you know where he lived? A. Yes, in Keate-street—I went there but could not find him—he got away.
Prisoner's Defence. I am quite innocent, the policeman has seen me fifty times.
MR. RIBTON conducted the Prosecution.
EDWARD RANDLESOME . I live in Kentish-town. On 10th January I was going along Whitechapel about quarter before 6 o'clock, I met three men who surrounded me—I put my arms up to make my way through and one of them took my watch—when I found myself liberated my guard fell and the three were running across Whitechapel, I pursued them—the prisoner was one of them—two of them went down Whitechapel and one went the other way—I spoke to a policeman and he went up a court and brought the prisoner down to me—I gave him in charge, but he made his escape from the policeman and left his coat behind him. Prisoner. I did not take the watch. Witness. It was one of the three took it; I don't know which.
JOHN BROOKS (City-policeman, 635). On 10th of January the prosecutor spoke to me—I followed the prisoner up a yard and found him in a water-closet—I took him in charge, but he escaped from me and left his coat behind him—I am sure he is the person, I knew him previously—this is his coat.
Prisoner. The prosecutor said I had a white scarf on. Witness. No; he said one of them had a white scarf.
CHARLES BAKER (City-policeman, 635) I went to a public-house at the corner of Pye-street on 26th February, I found the prisoner there drinking with a lot of convicted thieves—I took him in custody—I told him he was charged with stealing a watch, and escaping from one of our officers—he said, "I made my escape from the officer, but I am innocent of stealing the watch."
Prisoner's Defence. I was bad in my inside, I wont and asked a man for a water-closet; I came out and the officer took me; the prosecutor came up and said it was a man with a white scarf on; I was going towards the station and I got from him, as I knew I was innocent; the prosecutor could not swear to me.
† GUILTY .— Four Years' Penal Servitude.
WILLIAM DENYER . I am a tailor, and reside at Hackney—On Wednesday afternoon, 1st February, I was in Kingsland-road, going towards Kingsland-gate—I saw a horse and cart come out of a street into Kingsland-road—it was going very fast—as fast as the horse could go—the prisoner and another boy were in the cart—the prisoner held the reins, and he had the handle of a whip in his hand, with which he struck the horse two or three times, and after he had struck the horse it went quicker than before—I saw an omnibus standing in the Kingsland-road, in a direction towards Kingsland-gate—it was near to the left hand side of the road—I saw a man standing in the road, near to the omnibus—he was looking at the omnibus—and he was between the kerb and the omnibus on the left side—the cart came on the left hand side of the omnibus—there was nothing between the omnibus and the opposite side of the road—I heard the prisoner in the cart call "Hoy, hoy," two or three times—he was at that time six or seven yards from the man—the cart was at that time being rapidly driven—I did not see whether anything was being done with the reins—the deceased was knocked down, and after he had been knocked down the cart drove on—when it was done the prisoner held up a little and then went on again.
Cross-examined by MR. H. GIFFARD. Q. After the cart had knocked down this
old man, did it not run against something else? A. Yes; against a truck—the cart was about 100 yards from me—I saw the prisoner strike the horse with the handle of the whip he had in his hand.
THOMAS WILTSHIRE . I was in the Kingsland-road in the afternoon of 1st February—I saw an omnibus and the deceased was close to it—I saw a cart driven by the prisoner, and when he came opposite to me he commenced flogging the horse with the handle of a whip or stick, and the horse started off at a furious rate—it went on about 40 yards, and the wheel caught the deceased and threw him down—his leg went under the wheel and his head fell on the kerb—the prisoner drove on between the omnibus and the kerb and knocked the truck over—I ran and picked the deceased up—I called a cab and took him to the hospital—he was insensible and I thought he was dead—when I got to the hospital I saw the constable with the prisoner—the omnibus was on the near side of the road—there was nothing between the omnibus and the other side of the road—there was enough room on the off side for the cart to pass—the prisoner did not pull up, he went on at the same rate—after he had knocked the truck over he got about 40 yards beyond the truck, and I saw the reins down by the horse's legs—the deceased had been standing alongside of the kerb.
Cross-examined. Q. The horse was going fast when He came to you? A. No; he was going about five miles an hour—when he passed me he began striking the horse and it went on—the omnibus was standing still—it was drawn up on the left side—the right side for that—the cart was going on the wrong side of the omnibus.
COURT. Q. When the prisoner passed you were the reins down? A. No; in his hand.
WILLIAM BAKER (Policeman, N 242). I was in Kingsland-road on 1st February about a quarter past 4 o'clock—I was near the corner of Fleming-street—an omnibus stood near the kerb-stone—the cart ran between them—the prisoner was driving the horse, and there was a little boy in the cart—between the omnibus and kerb-stone there was a scavenger, the deceased—he went to step up to get on the kerb and the wheel or the scraper of the cart struck him and knocked him down—the prisoner had the reins of the horse in his hand and he had this handle of a whip in his right hand—when he was about a yard from the deceased he made a catch with the reins with his right hand—he had the reins in his left hand, and when he was about a yard from the deceased, before he got to him, he made the check—he then drove on about 100 yards and there was a truck knocked down—he drove on aid there was a van across the road—he could not get by, and he was stopped—an omnibus conductor stopped him—he had hold of the horse's head when I got up—I asked what he was driving like that for—he said the horse ran away—I got up in the cart—I said,"This horse don't look like a run-away horse"—I could not get him beyond a walk.
MILES FROST (Policeman, N 429). On 1st February was in Kingsland-road—I saw the prisoner coming at a furious rate driving a horse and cart—he had a whip in his hand and just as he got to me he upset a truck—some one called "Stop him"—I crossed to him to stop him and he whipped the horse and went on—Baker stopped him—I asked him why he was driving so—he said he should not be in time for his coke.
WILLIAM HICKS FARRINGTON . I am house-surgeon at St. Bartholomew's Hospital. On the evening of 1st February the deceased was brought to the Hospital—I was there and saw the condition he was in—he had a wound on the scalp, and one of his ancles was dislocated—he was taken to the ward
and died in about two hours—the cause of his death was rupture of the brain—that must have been the result of violence.
GUILTY .—Recommended to mercy by the Jury.— Confined Two Months.
MESSRS. GIFFARD and MATTHEWS conducted the Prosecution.
WALTER EDGAR HODGSON . I am a cashier in the Bank of England—Mr. Henry Bateman keeps an account there. On Friday, 3d January last, I saw the prisoner at the Bank—he was there to receive the amount of a cheque for 120l.—this (produced) is the cheque that he presented—it has in the corner "G. V. 93675," and is "payable to No. 37, or bearer"—it is for 120l., and purports to be signed by Henry Bateman—when the prisoner presented it I asked him how he would take it—he said he would take as much gold as I would like to give him—on that I went to the back part of the office, and referred to our firm books—I carried the cheque to Mr. Wheeler, our principal—after a communication with him I returned to the prisoner—I did not ask him anything further—I took him into Mr. Wheeler—I did not say anything to the prisoner when I brought him in—I did not ask him anything—I left him with Mr. Wheeler.
Cross-examined by MR. F. K. PATER. Q. Did not the prisoner say, "You may give me the money in bank notes or in gold, but the gold would be more convenient?" A. No, not to my recollection—I am quite certain he did not—I have no recollection of having asked him where he got the cheque from—he did not tell me where he got it from—I did not have any conversation with him at all; I only asked him how he would take the cheque—I did not ask him how he came by it—I was about five minutes looking at it; not in his presence, I retired from the counter to examine it—I had no conversation with him, except as to how he would take it.
WILLIAM WHEELER . I am principal in the private drawing office in the Bank of England—I remember the last witness coming to me on 3d February—after he brought the prisoner to me in the office, I asked him from whom he obtained that cheque—he said that he presented it by the request of a party then outside the Bank—he said either "party" or "person"—I told him to bring the party into the office—I told Mr. Billing, a clerk, to follow the prisoner, and he went out with the prisoner for that purpose—shortly afterwards the prisoner came back, and Scott the detective officer with him—I then asked him again how he became possessed of the cheque, and he repeated the same answer, that it was given to him by a party outside the Bank—he said he had not known the party before, that I he was a stranger to him.
Cross-examined. Q. Did the prisoner know that you had sent Mr. Billing to watch him when he left the Bank? A. No—he was not aware that any person was following him—he mentioned no name whatever in my presence—he repeated his story that he had received the cheque from a person outside the Bank.
the prisoner was there—au inquiry was being made from whom he had got that cheque—I went in to the principal of the office after Mr. Hodgson had shewn me the cheque—I heard the inquiry about the person who had given him the cheque—I heard Mr. Wheeler tell him to go and bring the man in who gave him the cheque—I followed him—I lost sight of him about a minute—he was out of the office before I was—I afterwards watched him in the yard—he was looking about apparently for some one—I made a communication to Scott, the detective officer, who was on duty—I then returned to my own office—the prisoner did not go outside the Bank while I was watching him.
Cross-examined. Q. You lost sight of him? A. Yes—I cannot say that he I did not leave the Bank; he might just have gone outside—he was not aware that I was following him—I can't say that he had an opportunity of escaping if he thought proper; he had a chance.
MR. GIFFARD. Q. Is Scott, the detective officer, kept in the yard, to be applied to in cases of emergency? A. Yes—the prisoner might have had just time in the minute to go out and come back again, but when I saw him, after coming out of the office, he was in the passage leading to the street
GEORGE SCOTT . I am a detective police-officer—at 3 o'clock in the afternoon of 3d February I saw the prisoner in the Bank premises; Mr. Billinge came up and spoke to me—I asked the prisoner where he got the cheque from that he presented at the counter—he said that he got it from a man outside the Bank, to whom he was to take the cash—this was in the court yard of the Bank—he went just outside with me, and then returned back again into the Bank yard—when he Went outside it was to look for the man—he did look for the man—he was not able to find anybody at all—I asked him if he knew the man—he said, "No"—I asked him how he became acquainted with him—he said he met him that morning by accident in Bishopsgate-street, and that he met him by appointment at this time at the Bank—I asked him when he saw the man. before—he said he knew him three years ago in Boulogne, and had not seen him until that morning, when he went up and made himself known to the man—asked him the man's name and he said it was Harris, and that he was in the employment of the railway company at Boulogne—I then took him inside the Bank and received the cheque from Mr. Wheeler, and took the prisoner on to Mr. Bateman—Coombs, a brother officer, went with us to Mr. Bateman'g—when we got there I took the prisoner into the outer office up stairs; a clerk of Mr. Bateman's was there—after a short time Mr. Bateman came in—I had sent the cheque into him by Coombs—he came in with the cheque in his hand and said it was not in his handwriting—I asked Cadman, the clerk, if he knew the prisoner, and he said, "Oh, yes; he was here the other day "—the prisoner said,' Yes was; I came here with a letter"—Coombs and then both went away together with the prisoner—I parted from Coombs on the way—Coombs took the prisoner to the station—when I got back to the station afterwards, in consequence of something that I heard had taken place in my absence, I asked the prisoner to take his top coat off; I told him that I must search him—he said, "I must take them both off together; I can't get the top coat off from the under one"—after some time made him take the top coat off—I assisted him in getting it off, and in doing so some papers fell from between the top coat and the under coat—these two cancelled cheques (produced)are two of the papers—I asked him where he got those from—he said the same man gave them to him—I searched the pockets of the coat and then threw it to Coombs, and
told him to search it more minutely—I saw him take some papers from the arm of the coat—I found many papers on the prisoner; two pocket-books and a quantity of papers—I found this one, "Henry Bateman, 60, Old Broad-street. No. 37, Bank of England;" and this one also, "First to the bank, then back to Mr. Bateman," written in pencil—I did not ask him anything about those papers—I found them in the pocket-book after I had searched him—I asked him at the station-house whether he was in employment at the time—he said he was out of a situation—he was asked his profession, and he said clerk.
Cross-examined. Q. Did the two coats fit rather tight? A. No they did not fit tight; they were torn—the outside coat lining of the sleeve was torn very much—I found other papers on him besides these two—I found a letter purporting to come from Mr. Bateman—I did not find one purporting to come from Mr. Harris—I found no paper on which was written something to the effect that a person would meet the prisoner at the Bank of Eugland—he at first said he did not know the person, and afterwards he said he did—he understood what I said to him—he said he had received the two cancelled cheques from the same man.
SAMUEL COOMBS . The prisoner was left in my charge by Scott when he went to make some inquiries about this cheque—while Scott was away I asked the prisoner where he got the cheque from, and he said he got it from a man outside—I asked him where the man lived, and he said he saw him in the morning in Bishopsgate-street, at a coffee-shop—I asked him whether he had known the man; he said, "Yes, at Boulogne"—he answered "Boulogne," at once—I went with Scott and the prisoner to Mr. Bateman's, and then I brought the prisoner back in custody to the station—when we came out from Mr. Bateman's we were going on to Bishopsgate-street to the coffee-house—I told him I was going there—that was in consequence of what he had told me of having met the man there—he said, "It is no use going there now, the man's gone"—Scott gave me a coat to search—I found these two letters (produced) in it—I have no recollection of this letter (produced).
SAMUEL COOMBS (continued). That cheque was inside one of the letters—it is a cheque for 33l. 6s. 6d., purporting to come from Messrs. Sadgroves—the other letter that Scott has just spoken to, is a letter purporting to be signed by Henry Bateman (Read: "London, January 30th. I will thank you to call on me some time this week when it is most convenient for you. Henry Bateman." Directed to James Ingram.
Cross-examined. Q. There were other papers found on the prisoner besides those? A. Scott found them—these two letters are what I have had possession of—there were some pocket-books—I did not take them out of the coat—I did not search amongst the pocket-books—I did not look at the contents of them—I think the coat was torn; I wont speak positively.
MR. PATER to GEORGE SCOTT. Q. Were you ordered by the Alderman to deliver up the pocket-books to the mother of the prisoner? A. I asked the Alderman, and he would give no order; and it is not usual to give up pocket-books of this sort—the Alderman did not say, "Give up the pocket-ooks;"he said," I shall make no order"—I searched the contents of the pocket-books; I found a great many memorandums in them—perhaps I did not look at the contents very minutely—I was looking for an object—I saw no letter from a Mr. Harris—there was no loose letters.
HENRY BASSETT (City-police-sergeant, 7). I remember the prisoner being I brought about 4 o'clock on Friday, 3d January, into the detective office at the Old Jewry—some short time after he had been brought in, I saw him turn half round where he was sitting, towards the wall, and tear something—I crossed over and said, "What are you taring?"—he made no reply, I but unloosed his hand—I said, "Give me what it was"—I opened his hand and took from it some pieces of paper—I saw that it was a cheque, and Iput it together—when I took it from him he said, "It is no use" this (produced) is it—(Read: "Cashiers of the Bank of England, pay to No. 37, or bearer, 120l. H. Bateman, G. V. 93,671").
JOHN BURGH CRAMPERN . I am clerk to Mr. Henry Bateman, of 60, Old Broad-street—I remember seeing the prisoner there on 31st January last—he came into the office—I called to him from the outer office to ask him his business—he said he had brought a letter and wished to know if it came from us—this is the letter "London, January 30th, 1860. Sir, I will thank you to call on me some time this week, when it is most convenient for you. Henry Bateman. To James Ingram"—nephew of Mr. Bateman't was in the office, and was looking over ray shoulder at the time—he said, "I think that is my uncle's writing"—I said, "No, it is not sufficiently upright"—this was said so that the prisoner could hear—on that I said to the prisoner "Why did you bring this here?"—I had observed at that time that the date was "London" only—he said he had looked in the directory and had asked the postman as he came along—I said it was a strange story and questioned him as to what he wanted—he said that he wanted a situation as porter—J referred him to another Bateman in the neighbourhood who employed porters, but requested him to bring the letter back—he said he would—I did not see him again between that time and the time he was brought to me in custody—when Coombs and Scott came with him to our office immediately recognised him as the same person I had previously seen.
Cross-examined. Q. Did he say that it was a good tiling it had not injured him in his business, or anything to that effect? A. Not at all.
HENRY BATEMAN . I am a timber merchant, and carry on business at 60, Old Broad-street—my former premises were at 35, Sun-street, Bishopsgate—on changing my premises sold some waste paper to Mr. Birkett, of Norton-folgate—at the time I sold it I was not aware that there were any cancelled cheques in the waste papers—I keep an account at the Bank of England—do not know the prisoner at all—these two cheques, which purport to bear my handwriting, are neither of them my writing—did not authorise anybody to draw them—these two cheques of 1852, on Prescott, Grote and Co. are both mine; they are both genuine cancelled. cheques—I bank with them as well as with the Bank of England—I am not at all aware how they came into the possession of the prisoner—I did not know what had become of them—they are the two which fell from between the coats—this note, purporting to be directed to Mr. Ingram, is not a genuine note—this request for the delivery of a cheque book is not my writing—since this investigation, I have discovered that some of the cheques which we were in the habit of making up monthly in packets were missing.
Cross-examined. Q. When did that sale of the waste paper take place? A. July, 1858; I think about that time—I was about to leave the premises in Sun-street after thirty years occupation—I can't swear that some of the blank cheques might have found their way into the waste paper—theyought
not—all persons who bank at the Bank of England use the same cheques, but all different numbers—I preserve all my cancelled cheques in a book bound up, but some of 1852, the date of those produced, were missing.
ROBERT BIRKETT . I am a stationer, carrying on business at 27, Nortonfolgate—the prisoner entered my service as errand boy a few days after 17th November last and remained till the time of his being taken into custody—I remember purchasing from Mr. Bateman, in the summer of 1858, some waste paper; account books of every kind—I was not aware when I bought them that there were any cancelled cheques amongst them—since this inquiry I have searched amongst the papers, and have found some cancelled cheques of Mr. Henry Bateman—the papers that I bought are kept in our warehouse behind the premises—we generally put them in bags, but I think these got behind some boards in the shop; I think they were taken out quite lately—the prisoner had access to that warehouse when the papers had to be carried to the paper mills and on other occasions—I received, in December last, from Messrs. Hearn and Company a chequebook to be bound—it did not go positively through my hands, but I received it—supposing a volume were sent to my premises to be bound, the prisoner would have an opportunity of access to it in taking it to or fetching it from the binding shop, or in taking it home—it would be his duty to carry volumes in that way to the binding shop.
Cross-examined. Q. You did not examine this cheque-book before it was bound? A. I did not; I never saw it—I can't say whether these cheques that were missing were ever sent to me—I form the opinion that the cancelled cheques were kept loose—between the boards, because in a basket that has lately been used I found some of the cancelled cheques of Mr. Bateman, of 1852—I had a good character with the prisoner when he came to me—they said he was honest and willing, but slow—a stationer in Camden-town gave that character—I did not go for the character; I sent for it—it was in every way satisfactory.
MR. MATTHEWS. Q. Did you send the prisoner himself for the character? A. No.
WILLIAM COLLINSON . I am a soap manufacturer, in partnership with the firm of Messrs. Hearn and Company—I keep a banking account at the Bank of England—we are in the habit of receiving folio cheques from the Bank of England, that is, five cheques on each sheet; and when we receive those books we send them to Mr. Birkett, the stationer, to get bound—in December last we sent a folio book of that description by our clerk to Mr. Birkett—we received it back from Mr. Birkett's sealed up in a brown paper cover—I broke the seal myself—the book then appeared regular and proper; I did not examine it minutely—I have, since the investigation, and the result is that one sheet of five cheques is missing—I have the book here—the missing cheques are from 93,671 to 93,675 inclusive; the letters are G. V.—those which have been produced are two of the missing cheques; they are the first and the last—since we received the book we have kept it under lock and key; no one has access to it but myself and my partners—you can see from the book that the leaf has been torn out—both the cheques must have been torn out after the book was bound.
MR. PATER to ROBERT BIRKETT. Q. You heard what the last witness said, that the cheque was torn out after the book was bound; can you tell us whether the prisoner had anything to do with it after it was bound? A. cannot—it might have been one of the other lads that brought it round—it had to be carried to and fro, and I don't know which boy it was in our employment that did that.
HENRY ELEY . In December I received from Mr. Collinson directions to go for a cheque-book to the Bank of England—I got it, and took it to Mr. Burkitt's to be bound, quite open, not wrapped up in paper.
MR. GIFFARD to WILLIAM WHEELER. Q. In the banking department of the Bank of England, do you ever issue cheques in duplicate? A. Never.
The prisoner's landlady, Mary Pike, who had known him seven years, gave him a good character. GUILTY of uttering.—Four Years' Penal Servitude.
THIRD COURT,—Wednesday, February 29th, 1860.
PRESENT—Mr. Ald. FINNIS; MR. COMMON SERJEANT; and ROBERT MALCOLM KERB, Esq.
Before Mr. Common Serjeant and the Fourth Jury.
MESSRS. RIBTON and GENT conducted the Prosecution.
The evidence was interpreted to the prisoner.
The deposition of Richard Taylor was here read as follows:—"I am a book-seller, of 147, Strand—between 10 and 11 this morning I was in Cheapside—I looked into a shop-window about a minute, and felt a tug at my scarf and turned and saw the prisoner's hand leave my neok—I immediately missed my diamond pin, value 3l. 3s.—I collared the prisoner and acoused him, and he passed his hand behind him and dropped something, and a lady who was behind picked up the pin and handed it to me—the breast-pin produced is mine."
SOPHIA CARTER . I live at 8, John-street, Old Kent-road—I was in Cheap-side, and saw the prisoner with a pin in his hand behind Mr. Taylor, who I had hold of him—the prisoner was holding it for somebody to take it out of his hand, but nobody did so, and he dropped it—three or four boys were scrambling after it, and I put my foot on it and gave it to Mr. Taylor.
Prisoner's Defence. If I had stolen the pin the policeman would have found it in my pocket. I know nothing about it.
He was further charged with having been before convicted.
GEORGE LEGG . I am a detective officer—I produce a certificate—(Read:—"Central Criminal Court. Valerio Figo convicted, May, 1858, of stealing a handkerchief from the person. Confined One Year")—I was present—the prisoner is the person.
GUILTY. **— Four Years' Penal Servitude.
MESSRS. ORRIDGE and GENT conducted the Prosecution.
JAMES MCCARTHY . I am a waterproofer, and live at 16, Half-moon-street, Bishopsgate—the prisoner lives in the same house—on Saturday night, 12th February, at nearly 11 o'clock, I was at the Dragon public-house, opposite where I live—two male friends were with me—the prisoner was there, and my wife was in the tap-room with a friend of hers—I was going out, and told my wife to come out, but a little quarrel took place between the prisoner and my wife—I told my wife to come home, and soon afterwards she came out and we both went upstairs—when I was half in my room and half on the landing a scuffle took place on the stairs, and my wife screamed out—I went to her, and received a blow—I became insensible, and recollect no more till I was in the hospital—I saw the prisoner and her sister together, and the prisoner had an instrument in her hand, but what it was I do not know—I cannot be positive which of them struck me—my head bled very much—I had had no quarrel with the prisoner.
Cross-examined by MR. DICKIE. Q. Where had you been having drink before that? A. No where—I came straight from my sister-in-law's—I only had a share in a pot of beer—my wife was not there with me; I met her at the Dragon—there was a little quarrel there between her and the prisoner; I mean, words between them—my wife is an Irish woman, but born in London—I am sure it was my wife who called to me on the stairs—she said, "Oh, Jim, come to me."
COURT. Q. Are you an Irishman? A. Yes, born in London—I am still an out-patient at the hospital.
MARY MCCARTHY . I am the wife of the last witness—I was at the Dragon with Caroline O'Connell—just as I was coming away the prisoner came in; I asked my friend to come home, and the prisoner struck me in the face either with a key or with a crusher which is used for gin—I was going to strike her and her friend, Mrs. McCarthy, caught hold of me and said "Mrs. McCarthy, study the way your are in"—she called me a whore and I called her another, and went up stairs at my own house, but the prisoner and her sister laid hold of me by the hair—I screamed out for assistance and my husband came—the prisoner went and fetched the tongs and hit my husband over the head with them twice or three times—he fell senseless; the prisoner ran into her own place with her sister and put the tables and chairs against the door—they were both holding me till the prisoner went to fetch the tongs, and I saw her return with them, her sister still holding me—Mr. Fowler's assistant came and dressed my husband's head and he was conveyed to the hospital.
Cross-examined. Q. Was there a very good light? A. Yes, excellent; my door was open and her door was open and there was a light in each—I was quite sober—the sugar crusher hurt me and gave me a black-eye—the meaning of "Study the state you are in," was not that I was tipsy, but that I am in the family way—I did not pull any hair out of the prisoner's sisters head that I know of; I would not do much between the two of them.
COURT. Q. Did you try to pull some out? A. I dare say I did—I did not rush into their place—I have heard of the crime of perjury—I did not rush into this woman's room—when they put the tables against the door they were not afraid of me, but they were afraid when they saw my husband covered with blood—she could see my husband fall; he did not fall on the stairs but in his own room inside the threshold—there had been a previous quarrel between us about the middle of the week, there was a row between the children and we had a couple of words—we did not have a couple of blows.
CATHERINE O'CONNELL . I am the wife of John O'Connell, of 45, Halfmoon-street, Bishopsgate-street—I went in with Mrs. McCarthy and saw the prisoner with a sugar-crusher in her hand; she struck Mrs. McCarthy on the eye with it and called her names, and Mrs. McCarthy called her names—the prisoner said "I will have either Mr. or Mrs. McCarthy's life before I go to bed to night.
Cross-examined. Q. Have you been in Court while the other witnesses were examined? A. Yes.
HENRY ROGERS . I was house surgeon at St. Bartholomew's Hospital—the prosecutor was brought there between Saturday night and Sunday morning; he was rather stunned, and there were three wounds on the crown of his head and two posterior to it, an inch or inch-and-a-half long but of no depth—they were most probably inflicted with a blunt instrument like a pair of tongs—he is still under my care.
Witnesses for the Defence.
MART ANN COKELEY . I live in Bishopegate—on the Saturday night when this happened I was going into a public-house to see for my husband—the prisoner was talking to me, and Mrs. McCarthy and her friend came out of the tap-room; Mrs. McCarthy flew at Mrs. Arundel, called her all sorts of names, and said "If you hit me again, Maria, I will do it again" and with that they got to fighting—I parted them, got them outside the door and left them.
MRS. BARHINGTON. I live at 29, Rose and Crown-court—on Saturday night about ten minutes to 12 I was told that the prisoner and Mary McCarthy were going to fight; I went, and Mrs. McCarthy was standing in the streets with her sleeves tucked up—I heard Mrs. McCarthy's husband say "I will go and fetch your sister Margaret, and you two together shall pull their guts out"—I looked round, and in a few minutes saw the prisoner talking to Mrs. Cokeley—I said, "Sarah, come up stairs out of this bother"—she said "There is Mr. and Mrs. McCarthy standingby their own door, and I am frightened to go up stairs"—I told her to go into her own room and they would not touch her—the prisoner is my sister—she went up and fastened her door and Mrs. McCarthy burst it open with a pair of tongs in her hand, and said, using very vile words,"Come here, and I will give it to you with these tongs"—I touched her on her shoulder and said "Mary; be quiet; go into your own room" she said, "I will not for you" calling me a vile name—my sister came from the fire towards her and said, "You shall not fight in my room"—she laid hold of the prisoner by her hair and dragged her to the ground—the husband took the tongs from beneath her and struck the prisoner on the back with them, saying, "I will kill her and you if you take her part," striking me across the arm—he lifted the tongs to hit me again and I took them from him and hit him on the head with them—it was all in the dark, but I could see that he was going to hit me, and I took the blow and turned it on to him.
Cross-examined. by MR. ORRIDQE. Q. How many times did you hit him? A. Two or three times—I do not know which—I went to the Mansion House but was not called—I was not allowed to say anything about it.
CAROLINE ARUNDEL . I remember this fight—somebody burst my mother's door open—they came in and Mrs. McCarthy too—my mother told her to go out; she would not, and she caught hold of my mother by the hair of her head.
NOT GUILTY .
SUSANNA TURNER . I am the wife of Thomas Turner of 127, Drury-lane—on 16th February a man told me to go to Mr. Mantel's and gave me a key to let myself in—I had been in the habit of going backwards and forwards there for many years—the prisoner was servant there; I found her in bed-she said, "I have got a bad cold and a pain in my back through a fall I had on Saturday, and hurt my back, and the chemist says I am to keep quiet for a few days and I shall be better"—I gave her some gruel and left her to do her work for her—I saw her again next morning; she was still in bed and I gave her more gruel—I went to her again at 7 o'clock that night, and she said, "If I tell you what is the matter will you tell any one?" I said, "No; what is it?" she said, "I have been confined with a baby;" I said, "I could not keep that a secret if it was my own daughter; where is it?" she said, "In my box"—she also said that it was yesterday at dinner time—this conversation was on Friday—I went again next day and saw her—Mr. Mantel afterwards came to town; I told him what was the matter, and next day I took Dr. Thain up to the prisoner's chamber—she denied it to him, and I asked her for the key of her box; she gave it to me and I opened the box in the doctor's presence, lifted out a bundle, and saw a female child.
Cross-examined by MR. MCDONALD. Q. Did she give you the key readily? A. Yes; she offered no opposition to the search I made with the doctor—she was present while the search was made—the box was in the bedroom where she was—her saying that it was in the box was part of the same conversation as to her being confined—he volunteered to me the information as to its being in the box.
MR. DICKIE. Q. But she begged you not to tell any body? A. Yes; and I found the box locked—she denied to the doctor that she had had a baby.
GEORGE DANIEL THAIN , M.D, I live at 9, Hart-street, Bloomsbury—I was called to Mr. Mantel's counting-house—he took me to his dwelling-house, and the last witness took me up stairs to the room where the prisoner was—I asked her what was the matter; she said there was nothing the matter, that she was quite well and able to get up; that she had had a bad cold and pains in her limbs, but that was all gone—I told her I thought something else was the matter, and wished to examine her but she refused—I went down stairs, and Mrs. Turner came to me—I went up stairs again with her, examined the prisoner, and found she had recently been delivered of a child—she said nothing had passed but some clots of blood, and that there was no child—Mrs. Turner said that she thought the child was in the box—I went down stairs again, and Mrs. Turner came down and told me, that the prisoner had given her the key of the box, for me to look into it—I went up stairs and Mrs. Turner took two bundles out of the box—I opened one of them and found the body of a female child, full grown, wrapped up in a dress, and in a portion of another, and two or three towels, and other articles, very closely—there were no baby clothes—the head was very much compressed, and the child had passed a motion into the dress, as if it had been living when it was put in—I went down and told Mr. Mantel to send for the police, as the child bore the appearance of having died from suffocation—I gave evidence before the Grand Jury on the charge of murder, but the bill was ignored.
Cross-examined. Q. When you asked these question first, were you by yourself in the bedroom? A. No; Mrs. Turner was present every time I spoke—I wished to lay my hand on the prisoner's stomach, but she objected and said there was nothing the matter; but when I was opening the box, shesaid there was something in it.
GUILTY .— Confined Twelve Months.
DONALD DUNBAR . I am a baker, of 13 Brick-lane, Whitechapel—on Sunday night I was on my way home—I met a woman who owed me an account—I stopped and spoke to her; she was violent and a mob collected—I saw the prisoner in the mob and Hurley, a man who has been convicted (See page 310)—I went towards home, and the mob followed me about one hundred yards—the prisoner walked by me for a few minutes and said, "I know who has got your hat and glasses"—I took no notice but walked on—he still kept up to me, and I heard Hurley say, "I will have his life or the watch at the corner"—I crossed over and saw the only house which was I open on the other side of the way, a coffee house—I made for it; rushed into the room and they still followed me—Hurley struck me a violent blow on the face, and the prisoner was pulling at my coat, at the same time my watch was taken by one or other of them—I am quite sure the prisoner was one—they kicked me and I was bruised all over—I had a scuffle with Hurley and fell; he struck me on the face, and I struck him with my umbrella—the prisoner and two more came up at the same time and I pushed them away—I thought they were going to see justice done, but I found they tried to get at my waistcoat—Hurley used the most violence—the prisoner did not kick me; he was pulling at my coat and clothes—I have had a rupture since from the violence I received—mine was a silver watch worth about 3l. 10s.—it had a gold guard to it.
Cross-examined by MR. SHARPE. Q. How long was the whole transaction? A. I should say about half-an-hour—that takes us to half-past 11, or a quarter to 12 o'clock—I did not ask the woman for her money in the street; I asked her when she intended to come and pay me, as I had not seen her for twelve months in the shop, and this was a two years account—she became very violent—I did not strike her, I pushed her away with my umbrella, and Henley came up behind me, and said that that was not the time to collect debts—I did not then strike Hurley—I said, "I wish you would mind your own business"—he then struck me a violent blow on the ear—I hit him with my umbrella, and he hit me with his fist—we had a struggle and fell—about fifty people came up—the prisoner had come up before I fell and kept pulling me back by my coat—he was holding me while I was struggling with Hurley on the ground, and two more besides; they stuck to my clothes all the while—my spectacles fell off on the first blow—I am near-sighted—a policeman came up while I was on the ground; I spoke to him, and told him to take them in custody, but he did not—he told me I had better go home—I do not know whether he is here to-day—I left him, and went towards my home—that policeman was not present at Hurley's trial, as he only separated the parties—the Counsel did not say that it would have been much more satisfactory if the policeman had been called—I had had two glasses of gin and water—I went out at half-past 9, and was coming home about a quarter-past 11—I had a glass of ale at my dinner, about 4 o'clock, but nothing else—I was quite sober—the gin and water I had was as they make toddy, half gin and half water—no man came out of the coffee-shop who I accused of stealing my scarf or handkerchief—I had never seen the prisoner before—I next saw him on the following
Wednesday, as this occurred on Sunday—I do not know whether it was in Hurley's mother's house—I did not see her there—I saw the prisoner in the same house—I gave Hurley in custody, but not the prisoner—I was quite sure of him, but it is a great deal of trouble for me to be prosecuting every day in these Courts—I know that if I had given the prisoner in custody then he would have been tried at the same time as Hurley.
COURT. Q. Why did you not give him in custody? A. I only wished the ringleaders to be brought to justice—my witnesses had given a full description of the prisoner as the person who took the watch—he took an active part in it, but I cannot say he took the watch—I told the police he was one of the gang, and took an active part in the matter—I did not say so that night, because they seized Hurley there and then—it was after I had heard the description given by Seeley, that I wished to take the prisoner into custody—I am quite sure I never mentioned anybody's stealing a scarf.
MR. COOPER. Q. I believe Hurley was convicted and transported? A. Yes—I am sure the prisoner is the man; he put his arm round me, and stuck to my clothes all the time.
CHARLES CEELEY . I am a sailor, and live at 1, Hobson's Place, Mile End—I was walking about four yards behind the prosecutor, and two women stood at the corner; one of them said, "I don't owe you any account," and put her fist in his face—he pushed her away—Hurley said, "This is not a night to collect debts"—the prosecutor told him to mind his own business, and Hurley hit him on the ear; he then hit Hurley with his umbrella, they had a struggle together, and both fell—Hurley got up first and kicked Mr. Dunbar—I did not see anybody else kick him—Mr. Dunbar walked on twenty or thirty yards, and Hurley said that he would have his b—y life or his watch—he hit him again, and laid hold of him by the hair while the prisoner held him round the body—I am quite sure the prisoner is the man.
Cross-examined. Q. Did you ever see the prisoner before? A. No—there might be fifty people collected—I saw the struggle from the commencement; I did not see Dunbar hit the woman; he shoved her away with his umbrella but did not hit her with it—the prisoner had not hold of Dunbar at the time Hurley threw him down—when Hurley and the prosecutor got up a policeman-came up—the policeman did not say anything to Dunbar about not being sober—I have not been to Dunbar's since this transaction, not for these five weeks—I have been there five or six times—he has asked me to tea once or twice, but not since this transaction.
MR. COOPER. Q. Would a cup of tea induce you to state that which is untrue? A. No.
MR. SHARPE to DONALD DUNBAR. Q. At the time you fell on the ground with Hurley during the first struggle, was not the prisoner holding you. A. Yes.
THOMAS HARRIS (Policeman, H 81). I took the prisoner, and told him it was for being concerned with Hurley for assaulting and robbing Mr. Dunbar of his watch—he said, "It was not me; I have two or three witnesses to prove that I was in bed on that night"—I had not told him what night it was—the prosecutor saw him with three or four others, and identified him.
Prisoner. They were all policemen. Witness. Yes; but they were in plain clothes.
Cross-examined. Q. Who spoke first? A. Seeley; he said, "That is the man"—and then Mr. Dunbar said "That is the man"—this was on 10th. February, in High-street, Whitechapel; not in any house, but in the street—I know where Hurley's house is—I went there to take him into custody—I
saw the prisoner there at the time—the prosecutor did not give him in custody; it would not have been very wise if he had; but he said, "You are one of the men"—that house is in Whitechapel, about half or three quarters of a mile from Brick-lane.
Witnesses for the Defence.
JACOB FOLCK . On Sunday night, 8th January, I heard a scuffle, and I saw a fight opposite the hospital—I was the first that came out of the coffee-shop—I am waiter there—I saw the prosecutor—five or six young chaps in white jackets ran after him, but the prisoner was not one of them—the prosecutor fell against the window and broke it, and I told one of our lodgers to hold him tight to pay for it, which he did, with trouble—the prosecutor was drunk—I saw all the men leave him and run away not five minutes after.
Cross-examined by MR. DICKIE. Q. What countryman are you? A. A German—I have never been in trouble—this is the first time I have been in any Court, and I have been over here seventeen years—I did not see Seeley there—there were too many persons, I could not see them all—I heard nothing aboute a scarf—I did not come up to befriend Hurley, because no one enquired for me—a stranger came to me, and talked to me about this—I do not know any of the people, and yet they found me out at the coffee-house—this was the Sunday after New Year's Day.
COURT. Q. Did you know Hurley. A. No; I only know Mr. Dunbar; he lives in Brick-lane—I do not know the man who has been tried, and I cannot tell whether he was there or not—they did not stop five minutes in the fight.
MR. SHARPE. Q. I think you say there were five or six persons in the coffee-house? A. Yes; struggling with this man—I saw them run away, but cannot tell any of them—I did not see the prisoner there.
COURT to DONALD DUNBAR. Q. Did you break a window? A. No.
CHRISTOPHER RUSHBROOK . On Sunday, 8th January, I was at the Sun coffee-shop, Brick-lane, Whitechapel, kept by Jacob Folck, taking some refreshment—I heard a scuffle, and heard a window break—I came out and saw the prosecutor—I considered him drunk and incapable, and many of us thought so, too—there were several people in the coffee-house, and they all thought so—I heard nothing said about his scarf; but he caught hold of my scarf, and said "You have robbed me"—I said to the waiter" I shall give him in charge for saying that"—he fetched a policeman, and Dunbar knew him—I don't know who that policeman was—the people were not struggling with Mr. Dunbar when I went outside.
Cross-examined. Q. Did Mr. Dunbar want to charge you with stealing something? A. Yes; that was about half-past 11—I have lived in that house three or four years—I am a scenic artist—I have never been in any trouble—I have never called on Dunbar since this aflair—I was never in his shop in my life—I saw nobody holding Dunbar—I didn't see any crowd—I distinctly swear that I did not try to push him out of the shop.
CATHERINE HURLEY . I am sixteen years old, and am the sister of Hurley who was convicted here—he formerly lived in the house with my mother—the prisoner was a lodger in the house—I did not give evidence on Hurley's trial—I remember Sunday night, 8th January—the prisoner was at home at a quarter to ten that night, eating some bread and meat—he went out and came in again at about a quarter-past 10, and I told him to bolt the door and go to bed—my father and mother were not at home; they were
at my aunt's, as a child laid dead—they returned at half-past 11—the prisoner was then in bed—he went to bed when he bolted the outer door—I stopped up for my father and mother for half-an-hour after the prisoner went to bed, and then I went to bed—my brother had not gone to bed when the prisoner went to bed; but when he came in the second time the prisoner had gone to bed—my brother slept at the top of the house in the same room as the little boy—I am quite sure this was 8th January, and it was on Sunday—I first heard of my brother being taken in custody on the Wednesday following—the prisoner could not have been out of the house without my knowing it.
Cross-examined. Q. How do you know the time? A. We have a clock in the room where I sleep—that is not the sitting room—we have three rooms—I sleep downstairs, my father and mother sleep upstairs, and my brother sleeps in the garret.
COURT. Q. You say that your brother, who was convicted, lived in the house, where did he sleep? A. No; I said my youngest brother, the one who has been convicted, lodged in the next street—I had gone to bed when my father and mother came home, but I had not gone to sleep—they came into my room and then went up to bed.
MR. DICKIE. Q. You told us the door was bolted? A. Yes; I opened it to my parents—I did not say I was in bed—I said my father and mother could shake the bolt of the door—I did not get up and unbolt it.
DANIEL HURLEY . I was fourteen years old last August—I was not examined on my brother's trial—on Sunday evening, 8th January, I was at my aunt's with my father and mother—I got home at a quarter to 10, and the prisoner had then come in—I went to bed at a quarter past,10, and was dropping off to sleep when the prisoner came in—he did not sleep in my room but at the top of the house—I woke when he came in—my sister is in place now, but she was at home then—the last time I saw the prisoner that evening was at a quarter past 10.
GUILTY .— Confined Eighteen Months.
Before Mr. Recorder.
287. GUISEPPO PUGNO (31), was indicted for unlawfully exposing his person to one Margaret Stafford, in the presence of William Henry Crocker, in a certain public carriage used and employed in conveying passengers in and along the South Eastern Railway.
MR. SLEIGH (for the prisoner), applied that the indictment might be quashed as it did not disclose any offence in point of law—in order to constitute the offence intended to be charged, the exposure must be in the sight of the public, and in a public place; see Reg. v. Webb, Denison's Crown Cases—the allegation here was merely that it was in a certain public carriage; it did not go on to state that that carriage was then and there used for the conveyance of passengers, or for any public purpose, and, consistently with such an allegation, the carriage, though generally used for public purposes, might then be lying under some shed, or undergoing some repair in the carriage-house: the indictment was also bad for the further reason that although it alleged the exposure to be in the presence of another person, it did not allege that it
was within the view of that person; who, though present, might have been blind or sleeping. MR. POLAND urged that if the objections were well founded the proper course would have been to demur; but, in substance, he contended that the indictment was sufficiently clear to convey to the mind of any person reading it that the carriage was then being used and employed for a public purpose, viz., the conveyance of passengers. THE RECORDER suggested that if any person saw the carriage locked up in a shed on the railway, and inquired "What is this"? the answer would be a proper one, "It is a public carriage used for carrying passengers along the railway" MR. POLAND considered that the word which followed, "in and along the railway," afforded an answer to that suggestion, and he called attention to the case of Reg. v. Holmes, 207 Dearsly's Crown Cases. THE RECORDER directed the indictment to the quashed, and another bill to be preferred before the Grand Jury were discharged.
Before Mr. Common Sergeant.
288. GUISEPPO PUGNO (31), was again indicted for unlawfully exposing his person to one Margaret Stafford, in the presence and view of William Henry C✗ocker, in a certain public carriage, then being used and employed in conveying passengers in and along the South Eastern Railway.
MR. POLAND conducted the Prosecution and MR. ORRIDGE the Defence.
NOT GUILTY .
Before Mr. Common Sergeant.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
ELIZA WINCKLE . My parents keep a pie-shop, 134, High-street, Borough—on 3d January, the prisoner came and asked for a penny pie—I served him—he gave me a bad shilling; I examined it and tried it in the detector, and bent it—I thought it looked like a bad one—I felt it—I have a good deal of silver pass through my hands—I said, "You have given me a bad shilling"—he said, "Don't break it, I will take it where I had it—I did not break it—I gave it him back, and he gave me a 2s. piece, which was a good one—I gave him 1s. 6d., and while I was looking out the copper, he said, "This is a bad shilling you have given me"—he had a broken shilling in his hand, and he threw down two pieces of a shilling—I had given him a whole shilling and a good one—I took up the pieces of the bad shilling and the sixpence, and kept them both—I sent for my mother—I told the prisoner that the two I gave him were quite good, and he must have changed it—my mother came and I gave her the broken shilling and the sixpence, and told her what had happened—the prisoner said he had not any more about him, and he held out the bad shilling that I had bent, and he said to my mother, "This is the one I gave her, and she has given me this bad one"—this is the shilling that I gave him back, and these are the two pieces that he threw down—during that time my mother saw a lad come into the shop—I did not see him—I am quite sure that the shilling and sixpence that I gave the prisoner were both good.
in my shop and found the prisoner there—my daughter said, "This man gave me first a bad shilling; I gave it him back; he gave me a 2s. piece; I gave him 1s. 6d., and he has given me this broken shilling back"—the prisoner held out a shilling and said that was the one he had given to her, and the broken one was what she gave him—while I was standing at the door looking for a policeman, a lad came in and stood close to the prisoner—he did not stay more than a minute—he then left the shop—I sent for a constable; he came, and I gave the prisoner in custody—I gave the constable the two pieces of the shilling, and likewise the whole shilling—there was no one in the shop but me and my daughter
FRANCIS FIELD (Policeman, M 116). The prisoner was given into my custody by the last witness—I received from her these 2s.—I took the prisoner to the station—he was searched; there was nothing found on him.
Prisoner's Defence. I did utter the first not knowing it was bad; the other I did not utter. GUILTY .— Confined Twelve Months.
JOHN DAVIS— PLEADED GUILTY .— Confined Twelve Months.
No evidence was offered against ELIZABETH DAVIS.— NOT GUILTY .
MESSRS O'CONNELL and ORRIDGE conducted the Prosecution.
GEORGE LINFORD . I keep the Royal George at Bermondsey—on Wednesday 4th January, my potman gave me a counterfeit shilling—I went into the bar and saw the prisoner there—I asked her if she was aware it was a bad shilling—she said no, she was not—I asked her where she took it—she said she came from the Kent-road—I said it was a long way to come for gin—I sent for a constable and gave her in charge—this is the shilling,
WILLIAM SYMES (Policeman, M 146). I received the prisoner in charge from Mr. Linford on 4th January—he gave me this shilling at the same time—the prisoner gave her name as Maria Kingsford—she was taken to the police-court and remanded a week, and was discharged.
HARRIET JEFFRIES . I am the wife of George Jeffries, a grocer and tea-dealer in Dock-street, Bermondsey—on 4th February the prisoner came and asked for a quarter of a pound of biscuits; they came to 1 1/2 d.—she gave me a bad shilling; I gave it to my husband.
GEORGE JEFFRIES . I am the husband of the last witness—on 4th February she gave me a counterfeit shilling—I put it in my cash-box—I afterwards found it was bad—I gave it to the policeman; this is it—there was nothing in the cash-box at the time, but I took it out from there and put it my cash-bag with other shillings—it is what is called a budget bag—I should think there were one hundred shillings.
a quartern of gin—I served her and she gave me a bad shilling—I gave it to my master—he asked the prisoner if she had any more—she said no—he asked her where she got the shilling—she said a gentleman in the street gave it her—my master said, "I will call a constable"—she ran away—he fetched her back—a constable came, and he asked her where she got the shilling—she said her mother gave it her.
ARTHUR PIKE . I keep the Swan and Sugar-loaf at Dock head—on 9th February I saw the prisoner pay a shilling to my bar-maid, and she gave it to me—I asked the prisoner where she got it, and whether she had any more of them—she said she got it from a gentleman in the street, and then she said it was given her by her mother—she ran up the street—I ran after her with the shilling in my hand—I caught her, and brought her back, and gave her to the policeman—I marked the shilling and gave it to the policeman; this is it.
GUILTY of uttering on 9th February.— Confined Six Months.
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
LUCY BLUCK . My father keeps the Stag Inn in Wandsworth-road—on 16th February the prisoner came, and another man with him—they had half-a-quartern of rum, and after that the prisoner called for half-a-quartern of brandy—he gave me in payment a counterfeit five-shilling piece—I gave him 4s. 6d. change—I put the crown piece in the back part of the till; I am sure there was no other coin of the same sort there—the other man then asked for two pickwicks, one for each of them—I served them, and the other man offered me a bad shilling—I saw at once that it was bad—upon that I looked at the five-shilling piece and I found that it was bad too—I sent my sister for my father, and the prisoner and the other man ran away—I did not give change for the shilling—they left part of the brandy—I took the shilling and kept it—I gave an alarm, and several persons ran after the prisoner—I had the shilling and the crown in my hand—I might shew them to some one, but they were not out of my sight—I afterwards marked them, and I or my father gave them to the constable.
Prisoner. Q. Did I call for half-a-quartern of rum? Witness. Yes; and you, called for the brandy—I gave the change to you—I did not see that the other man took it up—you were in the house about five minutes after you gave me the crown—you were in the house about a quarter of an hour altogether—I cannot remember that I said anything about bad money being given to me—perhaps I said it was bad—I went to the parlour door, and told my sister to fetch my father, as I thought they were smashers—you ran away—I saw you running when I went to the front door to give an alarm.
Prisoner. You say there was a bad shilling given by the other man, and it proved that that was a good one? Witness. I saw one—I said I believed it was not the same shilling—I don't say it was not—I marked the shilling with a knife—this shilling produced by the constable, I believe, is not the shilling I marked—I cannot tell whether it is or not.
Prisoner. There was nothing like a knife found on me; it was not possible that I could mark a shilling. Witness. I did not mark the shilling immediately it was passed, but before I gave it to the constable—that was about ten minutes after I received it—I marked it in presence of the
prisoner—he might have seen how I was marking it if he had noticed—he was on the one side of the counter, and I was on the other—he could have seen it.
CHARLES LOVELL . I am a labourer, and live at 1, Hamilton-street—on that Thursday I was at the Stag Inn—I saw the prisoner running across the road—I ran after him, and took him in Simpson-street, about two hundred yards off—it is not a thoroughfare—I took him by the collar, and took him back to Mr. Bluck's—I saw him put his right hand up to his mouth just as I laid hold of him—what he put in his mouth I cannot say.
TIMOTHY BLUCK . I am the landlord of the Stag—on 16th February my daughter gave me a crown and a shilling which were counterfeits—I requested her to nark them in presence of the prisoner, and I saw her do so, and I gave them in charge to the policeman—I was at the Clapham police-station, when the prisoner was brought up about 1 o'clock the same day—the prisoner was in the dock—the inspector gave direction to search the prisoner—the marked money was laid on the desk that the inspector was writing on—the prisoner was about two feet from where the money was laid—the shilling laid uppermost, and while the sergeant was taking off the prisoner's shoes, the prisoner put his hand towards where the money was, and put his hand to his mouth—I looked immediately, and there was the crown piece, but the shilling was gone—I had seen it not a second before.
Prisoner. Q. You said you did not see me take anything? A. No; I did not see you put anything in your mouth—the crown piece was left, but the shilling was gone.
Prisoner. My coat and waistcoat were off, and were lying underneath; with that I took my neck handkerchief and was putting it on, and something was said about a shilling, and I was searched again.
HENRY TROUGHTON (Police-sergeant, V 27). On 16th February the prisoner was given into my custody by Mr. Bluck—I searched him in the back parlour of the public house—I found on him a 5s. piece, a sixpence, a three-penny piece, and 4d. in copper, all good—Mr. Bluck gave me a counterfeit crown and also a shilling—they were both marked in my presence—I took the prisoner to the Clapham police-station—he was placed in the dock and I was directed to search his shoes; before I did that I laid the counterfeit crown and shilling on a ledge about four inches wide—the shilling was on the crown piece—I proceeded to examine the prisoner's shoes and found nothing, and as I was looking up I saw his hand go to his mouth very quick and I saw his neck to be swallowing something—I looked at the ledge and the shilling was missing—it was missing in two or three seconds after I had placed it there—another constable who was by said, "He has taken something;" that caused me to look up—the prisoner was taken before the Magistrate the next day—I had noticed the shilling that Miss Bluck marked, and I have seen a shilling produced afterwards by Dudley; I believe it is not the shilling that Miss Bluck gave me—it is marked something like it, but the two marks do not form so much a cross, and the one I received from Miss Bluck had a very dead sound—I believe, by the mark and the sound, that this one produced is not the same shilling—the prisoner gave his address at No. 10, Bond-street, Vauxhall—I went there and there were three No. 10's; I went to them all and no such person was known,—I inquired at several other places.
Prisoner. I believe this is the first time you have said that it is not the same shilling? Witness. I believe it is not the same shilling that I received from Miss Bluck—I did not take particular notice what reign it was, but I
noticed the mark—the shilling was lying inside the bar, a little inclined to the right—the bar is not more than four or five inches wide—you were not drunk.
JOHN DUDLEY (Police-sergeant, V 17). On Friday, 17th February, the prisoner was examined at the police-court—I was about to take him from the cell to the police-van and he said to me. "Are you the inspector?" I said, "I am the inspector on duty;" he said "I have something to say to you; is the magistrate gone?" I said" Yes; he has been gone some time;" he said, "This is the shilling"—he had this shilling in his hand—I asked him where he got it; his coat was then open, and he said, "From here," and he put his finger and thumb in a small rent inside his coat—it is marked—he said, "You will find it is a good one; I wish it examined."
Prisoner. I had the half-quartern of rum, and staid about a quarter of an hour; I was going away and got across the road, and I was pursued and taken. GUILTY .— Confined Six Months.
Before Mr. Recorder.
JAMES WORSLFORD . I am foreman to Mr. George Smeed, of the Strand Wharf—he has premises in Belvidere-road, Lambeth—I was examined before the Magistrate on the 3d of February—about two months before that I had missed a leather water hose from Mr. Smeed's premises—I had seen it safe about three months before—it was then in a tool room hanging on a nail—it was locked up at night but was open in the day—this is it—I am quite sure it is my master's.
Cross-examined by MR. LILLEY. Q. You saw it safe about three months before, and you had missed it about two months? A. Yes—that tool-house was open by day and was locked up at night—this hose is in working condition—they charged me 30s. for it—I can't say what it is worth as old leather; it is worth 30s. to us; it cost 2l. 3s.—I never saw the prisoner till he was at the police-court—I know this hose by this place, where I had it mended—it is almost a new one; we had an accident in tearing the leather off, and I had it mended—the strap that goes under was torn off and I had this new strap put on; I know it by that and the pattern that the screw was made from—there is not another screw in London like it—it being turned the wrong way—I have had to do with screws—I never manufactured them myself nor sold them.
DENNIS CLARK (Policeman, M 108). In consequence of information, I went on the 26th of January to the prisoner's house, I searched it, and amongst other things I found this water hose—another constable went and brought the prisoner home—I asked him if he could give me any information of how he became possessed of the water hose; he said he bought it of a man and gave him 5s. for it—I asked him if he knew the man, he said he did not, nor where he lived—I told him he must give a more satisfactory account—I took him to the station, he there said he bought it of a person of the name of George and gave him 5s. for it.
Cross-examined. Q. He is a leather harness maker, is he not? A. I believe so—I found various indications of his trade about his house—I was present when my brother constable found the hose, who is now in the hospital—the hose was found in a cupboard up stairs—the cupboard door
was shut, but not locked—there are about four rooms in the house—there was a bed in the room where this was—there were no tools in the same room—this hose was covered with pieces of leather—not millband—it was leather used in his trade, I believe—he did not say before me that this hose was sold to him for the purpose of cuttiug up—on the last examination before the Magistrate a person was mentioned, named George Wolf, who it was supposed he bought it of.
The prisoner received a good character.
NOT GUILTY .
294. JAMES MILLBANK (41), was again indicted for stealing 2 pain of traces, 2 pairs of harness, and other articles, the property of the London General Omnibus Company. Second Count, receiving the same.
MR. SHARPE conducted the Prosecution.
GEORGE WEBB . I keep the George public-house at Walham-green—I am foreman to the London General Omnibus Company—on 29th November I was at the King's Arms yard at Fulham—I had been there the day before—it is my duty to look after certain harness there, and other things belonging to the London General Omnibus Company—I saw these two pairs of harness there on 29th November, these two pair of traces, and pads, and cruppers—the value of them is 5l. 10s.—they were safe on the 29th, and I missed them the next morning—I did not see the prisoner any time in November—this harness is peculiar in the buckles; here is a stud goes into it; there is none made like them—I have been engaged with omnibuses for forty years—I have driven an omnibus.
Cross-examined by MR. LILLEY. Q. Do you know how many sets of harness the company have there? A. Yes; four sets—I saw this harness on 29th November—it was not in very much worse condition—it was a great deal cle✗aner when it was taken than it is now—there were four sets of harness there for two sets of horses—I have been a driver on the road forty years—I have not driven omnibuses all that time—there were no omnibuses then—the peculiarity of this consists in its having studs—I will not venture to say that no other persons have studs—there is only Mr. Moreton and one other person who make harness of this description—it is not to be purchased at wholesale establishments—I know Sun-street, Bishopsgate—I never go there to buy any—I don't know that they have a manufactory at Walsall—all I know is that no other proprietors have studs—I believe I have seen the prisoner at a repository where horses and harness are sold—I have seen him in St. Martin's-lane—a whole harness is often sold—the London General Omnibus Company do not sell off their harness—the harness-maker takes it, and supplies new in its place—it is usual in the trade.
MR. SHARPE. Q. Do you speak to this harness from its general appearance as well as by the mark? A. No; there is nothing particular—the harness-maker takes back the harness—the company never part with harness in such a condition as this is, certainly not; this is good enough for any thing—with the exception of the buckles, this is such as would be used by omnibuses.
WILLIAM MORETON . I am a harness-maker, and live at Union-road, I Brompton—I made this harness—I supplied the leather on 1st May—I know it is my own make, made on my own premises—the make of it altogether is mine, beside the buckles—on these tugs here is a particular pattern, a diamond mark from a stamp I have—I have not supplied harness with these marks to any person besides the General Omnibus Company—I never saw a
harness made with similar buckles and marks to this—I have seen other buckles, but not of this description.
Cross-examined. Q. Do you supply other omnibus proprietors besides the London General Omnibus Company? A. No—I get these buckles wholesale from the country, from a saddlers' ironmonger, who is a manufacturer—I put these diamonds on all I make—I do this part of them myself—I do not make double harness for private persons, not of this description, only for the General Omnibus Company—all that I make for the company has the same mark and these buckles—this mark is made by a stamp—I don't buy the stamp—it is sometimes the custom for saddlers to take back the old harness I when they make new.
COURT. Q. Did you ever get back this harness? A. No—I never take harness back in this state.
DENNIS CLARK (Policeman, M 108). On 26th January I went with two other officers to the prisoner's house, 12, Granby-street, Waterloo-road—I searched the house, and found these articles there—they were all in the same place, in a small recess—I went through the shop to a back parlour, and I turned to my left hand and there was a recess—the door was shut, and I opened the door—theprisoner was not at home—I despatched another officer to fetch him—I asked him how he came in possession of this harness—he told me a man had left it there, and he did not know him, nor where he lived, nor anything more about him—when at the station he said he bought it of a person at Kennington-cross, and had given 30s. for it—he could not give any account of who that person was—I asked him who he was, and he said he did not know him—I did not hear him say anything more about the harness, for I was engaged in taking care of the property—siuce he has been committed he has asked me to apprehend the party of whom he bought the harness—he did not tell me who he was, but he said he would go with me and point him out—I did not go any where with him—the prisoner has been out on bail.
Cross-examined. Q. This was on the same occasion as you found the hotel A. Yes; on 26th January—I found two females in the shop—the cupboard that I speak of is not connected with the shop—it is on the same floor with a private parlour where they live—it is separated—there is a door leading from the shop into the back room—this recess has a door to it—the door was unlocked—the harness hung on pecs—it was not the room door going back that closed the recess—the door which leads from the parlour where they live had a glass window—directly I opened that door I got to a passage, and there was a recess and this private door—I should not have known it, but I had information—there was no light there—the light did not come from the other part of the house—if the door of the private room were open it would not throw light upon the recess—there are no means whatever in front of the house or shop of throwing light on that place—there was no chance of any light till I took a candle with me—in the mid-day it would be in the dark—the front shop leads into the back room, and there is a door leading from the passage, and that door has glass in it—the prisoner was fetched to the house—he did not seem to be at all agitated—I did not see anything the matter with him—I don't know that he was actually laid up with illness—I heard that he attempted to commit suicide—I don't know that he has been confined with illness—I did not see that he was at all confused—his wife was a little bit when I told her who I was—I believe at the police-station the prisoner said something about a bad debt—I heard he did say so, but I did not hear it—I did not hear all that he stated at the time
because I returned to search the house a second time—that prevented my hearing every thing—I believe he did say something about having this for a bad debt.
STEPHEN PRESWELL (Policeman, L 117). On 26th January, I went to Somerset-street, Commercial-road, Lambeth—I found the prisoner there—I told him I must take him in custody for having stolen property in his possession—he said he did not know that he had anything there but what belonged to him—I took him to the house, No. 12, Granby-street—I took him to the station and searched him—I found on him about one pound in silver, a pad, and a knife—he first said the harness had been left there by a man whom he did not know, and afterwards he said he took it for a bad debt of a man somewhere near Kennington-crosa, but he did not know who.
Cross-examined. Q. Did not the prisoner seem agitated when he was taken? A. No; not at all—he did not seem confused—he was carrying on business in this place—I took him in Somerset-street, Commercial-road—he was at work in his business as a harness maker—I told him what he was taken for—he has been out on bail ever since.
GUILTY .— Confined Twelve Months.
MR. DOYLE conducted the Prosecution.
GUILTY .— Six Years' Penal Servitude.
JAMES WALTHE . I am a bricklayer, and live in Henry-street, Kent-street; the prisoner has lived with me as my wife over seven years—we parted about six weeks ago—on Monday, 23d January, just after midnight, I was coming home from my brother's and saw the prisoner sitting on the step of the Sir John Falstaff public-house—she asked me what I had done with my woman; I made her some reply, but the pain that I have undergone has caused it to slip my memory—it was not a reply likely to provoke her—I was perfectly sober—some words passed between us, but I cannot recollect them—she was angry; she had been waiting some time for me—I turned back to avoid her; heard a disturbance, and found her quarrelling with another woman who she was jealous of—there was no reason for her jealousy that I know of; I had not been living with her—some words ensued and she rushed at me and stabbed me—I ran to the nearest doctor's shop, and from there was taken to St. Thomas's Hospital, where I have been ever since—I had said nothing about her to the woman she was quarrelling with—I might have told her that she might give her a hiding; I do not know—I said something to the prisoner about her not having pluck enough to hurt her—I was charged once with cutting her head with a chopper, but I did not; I did cut it with a frying pan once when she was very much intoxicated—that was twelve or eighteen months ago—about nine months ago I broke three of her ribs—we have been leading a very wretched life and I thought it was time to part.
Prisoner. Did not I a short time ago come in and catch you and that woman lying on the floor together on a Sunday afternoon? A. No; you found us in the same position as you left us, she at one side of the room and I at the other; the only reason you had for suspicion was because the blind was down and it was up when you left—I have many times stopped
out all night; that was to avoid your drunken tongue—I do not wish to hurt a hair of your head, but if I wished I could unfold a tale—the cause of my leaving you was your knocking me down in a public-house, and I have got the mark on my nose now—I could have locked you up once but did not wish to hurt you; I only wish for a separation—a man knocked some of your teeth out—I was trying to pull you home when you were beastly drunk last Whitsuntide and two of your teeth fell out.
CHARLES GRAHAM . I am house surgeon at St. Thomas's Hospital—on 23d January, about 2 o'clock in the morning, Walthe was brought there—he had an incised wound two inches and a-half long on the left side of the cheek, which divided one of the principal arteries; he would have been dead in a few minutes if an operation had not been performed to stop the haemorrage—his life was in great danger for two or three weeks.
HENRY STREET (Policeman, K 171). I saw the prisoner quarrelling and fighting with another woman and went and separated them—the prosecutor had followed me unknown to me, and when at two or three yards distance the prisoner turned round and made a rush at him; he exclaimed that he was stabbed, and I went up and seized her and took this table knife (produced) from her; she did it with that—five minutes before that I had heard them having some words in Mint-street, but nothing material—on my way to the station she said two or three times that it was her intention to have murdered him.
Prisoner. Q. Did you see me by myself on the Falstaff steps? A. Yes; I did not see a policeman talking to you—the prosecutor and I did not come to you there—he did not walk down with me; there was no woman with me—I did not go down the yard to protect a woman—no one went down the yard with me after the quarrelling had commenced—the woman said, "If she touches me I will lock her up;" and I said, "She has done nothing; I cannot lock her up."
The prisoner put in a written defence, stating that she had lived with the prosecutor for seven years and suffered much ill treatment; that she had charged him at Southwark Police-court with cutting her head open with a chopper, for which he was imprisoned for three months; since when he has fractured three of her ribs, cut her eye open, and given her two severe wounds on the head with a pickaxe, which caused her at times not to know what the did or said; that he had kept her for three months without boots or shawl, so that she could not seek work, and got involved in debt, and that when she spoke to him about it he struck her; that she saw him on Saturday night with the woman in question, whom he told to give her a good hiding.
GUILTY of unlawfully wounding.— Confined Six Months.
Before Mr. Common Sergeant
The prisoner, being a foreigner, the evidence was interpreted to him.
MR. GENT conducted the Prosecution.
WILLIAM BAKER . I am a jeweller of 31, Cranbourne-street, Leicester-square—on 20th January the prisoner came to my shop and offered me a gold chain for 6l. which he said he had brought from the Crimea—I tested it—it was inferior gold, and I told him it was a Brummagem chain—I offered him 3l. for it—he went away, came back again and said, will you give me 3l. 2s. for it—I ultimately gave him 3l. 2s. for what I supposed was the same chain—I put it into the scale and it was the same weight silver, the same
pattern—about a minute after he had gone I detected it had a different swivel to the first, and I found out I had been done; it was a brass chain, gilt and worth about 10s. as the swivel was gold—I would not have given that sum for if I had not thought I was buying a gold chain—he was a perfect stranger to me—he said "Me no speak English,"and I spoke to him in French.
HARRIET INGRAM . I am a widow, and live at 137, Blackfriars-road—on 14th January I went to Mr. Harriss', a pawnbroker, in the London-road, to purchase a pair of boots—I saw the prisoner there and a man named De Grussa; they offered a chain in pledge to the pawnbroker's assistant for 6l.—he offered 4l., then 4l. 10s. then 5l. but did not purchase it—De Grussa then spoke to me and said it was a beautiful chain; that the prisoner was in distress and wished to dispose of it—that it cost 8l. 10s. and he wanted 6l. for it, but did not care whether he pledged or sold it—I said, "Well, if the pawnbroker does not give him what he asks I will give him 6l. for it if it is what he represents it to be"—he spoke to the prisoner—they both left the shop together and I with them—the prisoner put the chain in his pocket—I said to De Grussa, "I know your face, and I look to you as the responsible person"—he then interpreted for the prisoner, who took the chain out and wanted 7l. for it—he then came down to 6l. 10s.—I said I would not have anythng to do with it—he then said 6l. 5s.—I said, "Well 5s. is not of so much moment, I will give you that; I have not got the money, will you go with me to get it?"—the prisoner handed the chain to De Grussa, who went with me to Russell's the pawnbroker's to pledge my watch, and the prisoner left us, but afterwards returned and waited outside while I pledged it for 4l. 15s.—the two men then went on before me—I had a sovereign before that, but in my flurry I was short half-a-crown—I said to De Grussa, can you oblige me with half-a crown—he said yes, but I then found I had it—I gave him 6l. 5s. and he went to De Grussa's house, which is a penny ice shop—he went into his parlour and brought out the chain and delivered it to me—this is it (produced—I paid him six sovereigns and paid the prisoner 5s.—the chain is not gold—it is valued at 3s. I pledged my wedding-ring and every little thing I had about me to raise the money—if I had not believed it to be gold I should not have given that price for it.
AMBIOGER DE GRUSSA . I am a Swiss, and keep a shop at 36 1/2, Backford-street, Walworth-road—on the 14th January the prisoner came into my shop—I had not known him before—he spoke in Italian and said that he had a chain for sale—I said "I have got no money to buy a chain; I have got my family to keep"—he said, "Have you got time to come to the jeweller?"—I said, "It is Saturday and I am busy"—he said, "You will do me a charity"—I went with him and the jeweller weighed the chain and said it was worth 5l.—I told him that the prisoner would not take less than 6l.—and from there we went to Harris, the pawnbroker—the prisoner said he that had brought it from Sebastopol, and had been a fortnight in London and was in great distress and did not care whether he sold or pledged it—the prisoner spoke in a foreign language—the pawnbroker offered 4l., than 4l. 10s. than 5l. for it, and would not offer any more; the prisoner took up the chain to go away, and Mrs. Ingram who was there said, "It is a fine chain, I will have it"—she went outside the door and said to me "I will have it," and the prisoner followed me—I believe the prisoner put the chain in his pocket after the pawnbroker looked at it—the prisoner wanted 6l. 10s. outside—Mrs. Ingram said, "No, you said 6l.—she agreed to give 6l. 5s. and ultimately pledged her ring and watch and made up the money—the
prisoner gave up the chain to me, and Mrs. Ingram and he went to Russell the pawnbroker's—the prisoner went away—I afterwards gave the chain to the prisoner because he was taking up too much of my time; he gave it to me again and we went into the pawnbroker's and afterwards to my house, when Mrs. Ingram asked me to lend her half-a crown—I fetched one from up stairs and gave it to her with the same chain the prisoner had given me—she paid him 6l. and gave me 4s. 6d. that night and 6d. the Monday following—I communicated to the prisoner all that Mrs. Ingram said—it was a chain like this—I got locked up for it and got discharged—I then looked after the prisoner, with the policeman, and found him in Baldwin's-gardens—he said, "Will you come to-morrow; you will always find me here"—I said, "You must come this moment," and he was taken in custody.
DANIEL LEWTHWAITE . I live at Mr. Harris's, a pawnbroker, of 5, St. Mary's-terrace, Walworth-road—I remember the prisoner and De Grussa coming, but do not remember the day I tested a gold chain for them which was worth 5l.—this one (produced) cannot be the same; it is brass very slightly gilt—I should lend 3s. on it.
Prisoner. I gave a gold chain; I did not give a brass one.
ROBERT BELL (Policeman, P 39). I received this chain from Mrs. Ingram, this other I received from Mrs. Baker—I took the prisoner—I spoke to him in English; he answered me in Italian and it was interpreted to me by De Grussa—I charged him with hawking chains about as gold and giving fictitious ones—he threatened to punch De Grussa's head and to kick his head—he said, that if I attempted to take him along the street he would lie down.
NICHOLAS ROSSI . I am a waiter, of 27, Frith-street, Soho—on 31st January I saw the prisoner at the London Bullion-tavern, Titchborne-street, where I am employed—he spoke to some one else—a communication was made to me and he went with one of the other waiters into a pawn-shop—I did not go with them; the waiter came and spoke to me and I went out to see who was going to sell the chain—I saw the prisoner—he would not show it to me—I spoke to him in Italian and said, "This man has no money to buy, but I will"—he took the chain out of his pocket in a piece of paper—I only just looked at it because the other waiters told me they had been to a pawn-shop and tried it—I said, "I will give you 4l. 15s. for it," and told him to come at 12 o'clock when the place shut up, as I had not the money in my pocket—he said, "Yes, but I am hungry and have not got a farthing; I want to go and eat"—I gave him half-a-crown.
COURT. Q. Can you say whether the chain you ultimately got was the one you first saw or a different one? A. I cannot—I gave him 4l., 15s. all but a few pence.
Prisoner's Defence. The chain passed this man's hands. I gave it as gold.
GUILTY .— Confined Eighteen Months.
ADJOURNED TO MONDAY, APRIL 2ND,1860.